Prosecution Insights
Last updated: October 02, 2026
Application No. 18/763,071

COMMUNICATION METHOD

Final Rejection §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
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1205 granted / 1334 resolved
+30.3% vs TC avg
Minimal -0% lift
Without
With
+-0.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
41 currently pending
Career history
1359
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
59.8%
+19.8% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1334 resolved cases

Office Action

§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 § 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) 1, 2, 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHRIVASTAVA US 20240187823 ‘823 in view of SHRIVASTAVA US 20240080707 ‘707. Regarding claim 1, 8-12, SHRIVASTAVA ‘823 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]). ‘823 is silent on wherein the MBS interest indication information includes information indicating bandwidth of the common frequency resource for reception of the MBS session. ‘707 teaches wherein the MBS interest indication information includes information indicating bandwidth of the common frequency resource for reception of the MBS session (common MBS interest indication message, the UE 102 may indicate in the interest indication message the MBS BWP or frequency resource, frequency information, supported band or band combination, bandwidth or BWPs supported/configured/activated, [0089]). 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 wherein the MBS interest indication information includes information indicating bandwidth of the common frequency resource for reception of the MBS session, as shown by ‘707. This modification would benefit the system by the UE informing the network of its supported bandwidth. 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(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of SHRIVASTAVA ‘823 and ‘707 as applied to claim 1 above, and further in view of US SHRIVASTAVA 20220132468 ‘468. Regarding claim 3, the combination 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 the combination 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 ‘823, ‘707 and ‘468 as applied to claim 4 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. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of SHRIVASTAVA ‘823 and ‘707 as applied to claim 1 above, and further in view of US SHRIVASTAVA US 20230209315 ‘315. The combination is silent on wherein the MBS interest indication includes information related to a non-serving cell which provides the MBS session. ‘315 teaches wherein the MBS interest indication includes information related to a non-serving cell which provides the MBS session (In an embodiment, the UE (100) also indicates the UE (100) baseband resource capability related assistance information, when the UE (100) starts or stops receiving MBS broadcast service from at least one non-serving cell. The signaling message, the UE capability information and/or assistance information can also be one of MBS interest indication message, [0204]). 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 wherein the MBS interest indication includes information related to a non-serving cell which provides the MBS session, as shown by ‘315. This modification would benefit the system by the UE informing the network of its connection with a non-serving cell. 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. Response to Arguments Applicant’s arguments with respect to the amended independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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 — §103
Aug 10, 2026
Interview Requested
Aug 18, 2026
Applicant Interview (Telephonic)
Aug 18, 2026
Examiner Interview Summary
Sep 14, 2026
Response Filed
Sep 21, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750200
DEMODULATION REFERENCE SIGNAL PRECODING IN PRECODING RESOURCE BLOCK GROUPS ASSOCIATED WITH SUBBAND FULL DUPLEX CONFIGURATIONS
3y 0m to grant Granted Sep 29, 2026
Patent 12750263
EFFICIENT ARITHMETIC CODING FOR MULTIPLE COMPOSITION DISTRIBUTION MATCHER (MCDM)
3y 1m to grant Granted Sep 29, 2026
Patent 12745260
ASSOCIATING MULTIPLE-STAGE DOWNLINK CONTROL INFORMATION
3y 2m to grant Granted Sep 22, 2026
Patent 12745255
SEMIPERSISTENT REPORTING OF CHANNEL STATE INFORMATION
3y 0m to grant Granted Sep 22, 2026
Patent 12733012
DECODING DOWNLINK CONTROL INFORMATION RECEIVED VIA A DOWNLINK CONTROL CHANNEL
3y 6m to grant Granted Sep 08, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
90%
With Interview (-0.1%)
2y 5m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1334 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month