Prosecution Insights
Last updated: July 17, 2026
Application No. 18/782,231

CARRIER AGGREGATION RESTORATION

Non-Final OA §102§103
Filed
Jul 24, 2024
Priority
Dec 21, 2021 — continuation of 12/058,769
Examiner
O CONNOR, BRIAN T
Art Unit
Tech Center
Assignee
T-Mobile USA Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
769 granted / 901 resolved
+25.3% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
19 currently pending
Career history
931
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
66.1%
+26.1% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 901 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1, 2, 4, 6, 8, 9, 11, 13, 14, 16, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu et al. (US 2020/0314836 A1; hereafter XU). With respect to claim 1, XU discloses a communication system (FIG. 1; Abstract; Title), comprising: a master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8), wherein the master communication node comprises at least one processor configured to cause the master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) to: initiate a procedure to add, for a dual-connectivity communication mode, a secondary communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) for a mobile device that operates using a carrier aggregation of two or more carriers (paragraphs [0101], [0103], and [0104]), wherein the procedure configures the mobile device to disable (paragraphs [0114] and [0115], see the release message based upon measurements) the carrier aggregation of the two or more carriers (820, 822, 824 of FIG. 8; 1014, 1016, 1018 of FIG. 10); determine that a release of the secondary communication node has been triggered by an event (paragraphs [0114] and [0115], see the release message based upon measurements), wherein the event indicates a network condition that has deteriorated (paragraph 0105], see the poor channel conditions when deciding the CA/DC configuration); and transmit a message to the mobile device to configure the mobile device to restore the carrier aggregation of the two or more carriers (1014, 1016, 1018 in FIG. 10; 822, 824 in FIG. 8). With respect to claim 2, XU further discloses 2. The communication system of claim 1, wherein the event is associated with the mobile device leaving a coverage area of the secondary communication node (paragraph [0105], where the poor channel conditions are created by the movement out of a coverage area). With respect to claim 4, XU further discloses 4. The communication system of claim 1, wherein the master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) is configured to communicate with the mobile device in a single connectivity mode prior to the procedure (paragraph [0097, see the wireless connection is single mode until an activation is performed). With respect to claim 6, XU further discloses 6. The communication system of claim 1, wherein the message comprises a Radio Resource Configuration (RRC) reconfiguration message, wherein information to restore the carrier aggregation of the two or more carriers is carried in an information element of the RRC reconfiguration message (paragraph [0103]). With respect to claim 8, XU discloses a communication device (106A, 106B, 106N of FIG. 1; Abstract; Title), comprising: at least one processor configured to cause the communication device to: operate the communication device using a carrier aggregation of two or more carriers (paragraphs [0101], [0103], and [0104]); receive information from a master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) in a communication system to initiate a procedure to add, for a dual-connectivity communication mode, a secondary communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8), wherein the procedure configures the communication device (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) to disable the carrier aggregation of the two or more carriers (paragraphs [0114] and [0115], see the release message based upon measurements); report an event (paragraphs [0114] and [0115], see the release message based upon measurements) to the master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8), wherein the event indicates a network condition that has deteriorated (paragraph 0105], see the poor channel conditions when deciding the CA/DC configuration); and receive a message from the master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) to restore the carrier aggregation of the two or more carriers (1014, 1016, 1018 in FIG. 10; 822, 824 in FIG. 8). With respect to claim 9, XU further discloses 9. The communication device of claim 8, wherein the event is associated with the communication device leaving a coverage area (paragraph [0105], where the poor channel conditions are created by the movement out of a coverage area) of the secondary communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8). With respect to claim 11, XU further discloses 11. The communication device of claim 8, wherein the message comprises a Radio Resource Configuration (RRC) reconfiguration message, wherein information to restore the carrier aggregation of the two or more carriers is carried in an information element of the RRC reconfiguration message (paragraph [0103]). With respect to claim 13, XU discloses a method (Abstract; Title) for wireless communication, comprising: initiating, by a master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8), a procedure to add, for a dual-connectivity communication mode, a secondary communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) for a mobile device that operates using a carrier aggregation of two or more carriers, wherein the procedure configures the mobile device to disable the carrier aggregation of the two or more carriers (paragraphs [0101], [0103], and [0104]); determining, by the master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8), that a release (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) of the secondary communication node has been triggered by an event (paragraphs [0114] and [0115], see the release message based upon measurements), wherein the event indicates a network condition is worse than a predefined threshold (paragraph 0105], see the poor channel conditions when deciding the CA/DC configuration); and transmitting, by the master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8), a message to the mobile device to configure the mobile device to restore the carrier aggregation of the two or more carriers (1014, 1016, 1018 in FIG. 10; 822, 824 in FIG. 8). With respect to claim 14, XU further discloses 14. The method of claim 13, wherein the event is associated with the mobile device leaving a coverage area (paragraph [0105], where the poor channel conditions are created by the movement out of a coverage area) of the secondary communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8). With respect to claim 16, XU further discloses 16. The method of claim 13, comprising: communicating with the mobile device by the master communication node (102A, 102B in FIG. 1; 102 in FIG. 2; 102 in FIG. 7; 802 in FIG. 8) in a single connectivity mode prior to the procedure (paragraph [0097, see the wireless connection is single mode until an activation is performed). With respect to claim 19, XU further discloses 19. The method of claim 13, wherein the message comprises a Radio Resource Configuration (RRC) reconfiguration message, wherein information to restore the carrier aggregation of the two or more carriers is carried in an information element of the RRC reconfiguration message (paragraph [0103]). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 3, 10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over XU in view of Hwang et al. (US 2020/0107390 A1; hereafter HWANG). With respect to claim 3, XU does not disclose the communication system of claim 1, wherein the event comprises at least one of an A2 event associated with a mobile device mobility towards a cell edge, a Reference Signal Received Power (RSRP) based event, a Reference Signal Received Quality (RSRQ) based event, or a Signal to Noise plus Interference Ratio (SINR) event. HWANG discloses wherein the event comprises at least one of an A2 event associated with a mobile device mobility towards a cell edge, a Reference Signal Received Power (RSRP) based event (S400, S405 in FIG. 4; paragraph [0119]), a Reference Signal Received Quality (RSRQ) based event, or a Signal to Noise plus Interference Ratio (SINR) event. HWANG teaches the benefit of improved wireless mobility managing (paragraph [0006]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the RSRP based events as taught by HWANG in the system, device, and method of XU to produce an expected result. With respect to claim 10, XU does not disclose the communication device of claim 8, wherein the event comprises at least one of an A2 event associated with a mobile device mobility towards a cell edge, a Reference Signal Received Power (RSRP) based event, a Reference Signal Received Quality (RSRQ) based event, or a Signal to Noise plus Interference Ratio (SINR) event. HWANG discloses wherein the event comprises at least one of an A2 event associated with a mobile device mobility towards a cell edge, a Reference Signal Received Power (RSRP) based event (S400, S405 in FIG. 4; paragraph [0119]), a Reference Signal Received Quality (RSRQ) based event, or a Signal to Noise plus Interference Ratio (SINR) event. HWANG teaches the benefit of improved wireless mobility managing (paragraph [0006]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the RSRP based events as taught by HWANG in the system, device, and method of XU to produce an expected result. With respect to claim 15, XU does not disclose the method of claim 13, wherein the event comprises at least one of an A2 event associated with a mobile device mobility towards a cell edge, a Reference Signal Received Power (RSRP) based event, a Reference Signal Received Quality (RSRQ) based event, or a Signal to Noise plus Interference Ratio (SINR) event. HWANG discloses wherein the event comprises at least one of an A2 event associated with a mobile device mobility towards a cell edge, a Reference Signal Received Power (RSRP) based event (S400, S405 in FIG. 4; paragraph [0119]), a Reference Signal Received Quality (RSRQ) based event, or a Signal to Noise plus Interference Ratio (SINR) event. HWANG teaches the benefit of improved wireless mobility managing (paragraph [0006]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the RSRP based events as taught by HWANG in the system, device, and method of XU to produce an expected result. Claims 5, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over XU in view of Wang et al. (US 2021/0051592 A1; hereafter WANG). With respect to claim 5, XU does not disclose the communication system of claim 1, wherein the master communication node is configured to operate in a first frequency range, and wherein the secondary communication node is configured to operate in a second frequency range, wherein the first frequency range comprises a range of 410 MHz-7125 MHz, and wherein the second frequency range comprises a range of 24250 MHz-52600 MHz. WANG discloses wherein the master communication node is configured to operate in a first frequency range, and wherein the secondary communication node is configured to operate in a second frequency range, wherein the first frequency range comprises a range of 410 MHz-7125 MHz, and wherein the second frequency range comprises a range of 24250 MHz-52600 MHz (paragraphs [0079] and [0097]). WANG teaches the benefit of enhanced data rates and bandwidth (paragraphs [0006] and [0007]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the frequency ranges as taught by WANG with the system and method of XU to produce an expected result. With respect to claim 17, XU does not disclose the method of claim 13, comprising: operating, by the master communication node in a first frequency range, and wherein the secondary communication node is configured to operate in a second frequency range. WANG discloses operating, by the master communication node in a first frequency range, and wherein the secondary communication node is configured to operate in a second frequency range (paragraphs [0079] and [0097]). WANG teaches the benefit of enhanced data rates and bandwidth (paragraphs [0006] and [0007]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the frequency ranges as taught by WANG with the system and method of XU to produce an expected result. With respect to claim 18, XU does not disclose the method of claim 17, wherein the first frequency range comprises a range of 410 MHz-7125 MHz, wherein the second frequency range comprises a range of 24250 MHz-52600 MHz. WANG discloses wherein the first frequency range comprises a range of 410 MHz-7125 MHz, wherein the second frequency range comprises a range of 24250 MHz-52600 MHz (paragraphs [0079] and [0097]). WANG teaches the benefit of enhanced data rates and bandwidth (paragraphs [0006] and [0007]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the frequency ranges as taught by WANG with the system and method of XU to produce an expected result. Claims 7, 12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over XU in view of WU (2020/0059991 A1). With respect to claim 7, XU does not disclose the communication system of claim 1, wherein the dual-connectivity communication mode comprises at least one of: New Radio Dual Connectivity (NR-DC), E-UTRA-NR Dual Connectivity (DN-DC), or NG-RAN E-UTRA-NR Dual Connectivity (NGEN-DC). WU discloses wherein the dual-connectivity communication mode comprises at least one of: New Radio Dual Connectivity (NR-DC), E-UTRA-NR Dual Connectivity (DN-DC), or NG-RAN E-UTRA-NR Dual Connectivity (NGEN-DC) (paragraphs [0046] and [0053]). WU teaches the benefit of higher connectivity and data throughput (paragraph [0004] and [0005]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the dual connectivity as taught by WU in the system, device, and method of XU to produce an expected result. With respect to claim 12, XU does not disclose the communication device of claim 8, wherein the dual-connectivity communication mode comprises at least one of: New Radio Dual Connectivity (NR-DC), E-UTRA-NR Dual Connectivity (DN-DC), or NG-RAN E-UTRA-NR Dual Connectivity (NGEN-DC). WU discloses wherein the dual-connectivity communication mode comprises at least one of: New Radio Dual Connectivity (NR-DC), E-UTRA-NR Dual Connectivity (DN-DC), or NG-RAN E-UTRA-NR Dual Connectivity (NGEN-DC) (paragraphs [0046] and [0053]). WU teaches the benefit of higher connectivity and data throughput (paragraph [0004] and [0005]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the dual connectivity as taught by WU in the system, device, and method of XU to produce an expected result. With respect to claim 20, XU does not disclose the method of claim 13, wherein the dual-connectivity communication mode comprises at least one of: New Radio Dual Connectivity (NR-DC), E-UTRA-NR Dual Connectivity (DN-DC), or NG-RAN E-UTRA-NR Dual Connectivity (NGEN-DC). WU discloses wherein the dual-connectivity communication mode comprises at least one of: New Radio Dual Connectivity (NR-DC), E-UTRA-NR Dual Connectivity (DN-DC), or NG-RAN E-UTRA-NR Dual Connectivity (NGEN-DC) (paragraphs [0046] and [0053]). WU teaches the benefit of higher connectivity and data throughput (paragraph [0004] and [0005]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the dual connectivity as taught by WU in the system, device, and method of XU to produce an expected result. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian T O'Connor whose telephone number is (571)270-1081. The examiner can normally be reached Mon-Fri Flex 10am-6:30pm. 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, Gary Mui can be reached at 571-270-1420. 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. /BRIAN T O CONNOR/Primary Examiner, Art Unit 2465 May 30, 2026
Read full office action

Prosecution Timeline

Jul 24, 2024
Application Filed
Jun 03, 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
85%
Grant Probability
94%
With Interview (+8.2%)
2y 10m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 901 resolved cases by this examiner. Grant probability derived from career allowance rate.

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