Prosecution Insights
Last updated: July 17, 2026
Application No. 18/763,071

COMMUNICATION METHOD

Non-Final OA §102§103
Filed
Jul 03, 2024
Priority
Jan 04, 2022 — provisional 63/296,237 +1 more
Examiner
ABELSON, RONALD B
Art Unit
Tech Center
Assignee
Kyocera Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1192 granted / 1320 resolved
+30.3% vs TC avg
Minimal -0% lift
Without
With
+-0.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
36 currently pending
Career history
1353
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
77.8%
+37.8% vs TC avg
§102
10.8%
-29.2% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1320 resolved cases

Office Action

§102 §103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 2, 8-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by SHRIVASTAVA US 20240187823. Regarding claim 1, 8-12, SHRIVASTAVA teaches a communication method performed by a user equipment in a mobile communication system providing a multicast and broadcast service (MBS), the communication method comprising: transmitting an MBS interest indication regarding an MBS session to a serving cell, wherein the MBS session is a broadcast session, and the MBS interest indication does not include an MBS session identifier indicating the MBS session and includes information regarding common frequency resource for reception of the MBS session (Furthermore, the UE 10 can inform its priority for MBS and unicast, and/or its preference for BWP/CFR/CORESET in a MBS interest indication message, [0110]). Regarding claim 2, the MBS interest indication comprises at least one selected from the group consisting of an identifier of an initial bandwidth part (preference for BWP, [0110]), an identifier of the common frequency resource (preference for CFR, [0110]), an identifier indicating a frequency or a resource block corresponding to the initial bandwidth part, and an identifier indicating a frequency or a resource block corresponding to the common frequency resource. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHRIVASTAVA US 20240187823 ‘823 as applied to claim 1 above, and further in view of US SHRIVASTAVA 20220132468 ‘468. Regarding claim 3, ‘823 is silent on the transmitting of the MBS interest indication comprises transmitting the MBS interest indication to the serving cell when transmitting an RRC Setup Complete message or an RRC Resume Complete message to the serving cell. ‘468 teaches transmitting of the MBS interest indication comprises transmitting the MBS interest indication to the serving cell when transmitting an RRC Setup Complete message (the UE 101 can send an MBS interest indication over MSG-5 or RRC setup complete message, [0061]) or an RRC Resume Complete message to the serving cell. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of ‘823 by transmitting of the MBS interest indication comprises transmitting the MBS interest indication to the serving cell when transmitting an RRC Setup Complete message, as shown by ‘3468. This modification would benefit the system by efficiently transmitting both pieces of information in a single communication. Regarding claim 4, the MBS interest indication comprises, as the frequency information, a list of MBS frequencies that the user equipment is receiving or is interested in receiving (‘468: list of frequencies that are preferred or supported by the UE for receiving MBS, [0016]). Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of SHRIVASTAVA US 20240187823 ‘823 and SHRIVASTAVA ‘468 as applied to claim 1 above, and further in view of US SHRIVASTAVA US 20230209315 ‘315. The combination is silent on the MBS interest indication further comprises priority information indicating whether to prioritize reception of the MBS frequencies in the list or reception of a unicast bearer. ‘315 teaches the MBS interest indication further comprises priority information indicating whether to prioritize reception of the MBS frequencies in the list or reception of a unicast bearer (At S806, the UE (100) sends the MII message to the first network (200A) wherein the MII consists one or more broadcast service info (TMGIs), one or more frequencies and the field for priority of MBS/unicast, [0244]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of the combination by the MBS interest indication further comprises priority information indicating whether to prioritize reception of the MBS frequencies in the list or reception of a unicast bearer, as shown by ‘315. This modification would benefit the system by enabling the network to select an optimal frequency for communication with the UE. Allowable Subject Matter Claims 6 and 7 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD B ABELSON whose telephone number is (571)272-3165. The examiner can normally be reached M-F 8:00-4:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RONALD B ABELSON/ Primary Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
90%
With Interview (-0.5%)
2y 5m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1320 resolved cases by this examiner. Grant probability derived from career allowance rate.

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