Prosecution Insights
Last updated: July 17, 2026
Application No. 18/828,804

RESUME FAILURE REPORT FOR FAILED ATTEMPT TO RESUME CONNECTED STATE FROM INACTIVE STATE

Non-Final OA §DP
Filed
Sep 09, 2024
Priority
Mar 28, 2019 — provisional 62/825,617 +2 more
Examiner
SAMARA, LOUIS
Art Unit
Tech Center
Assignee
Kyocera Corporation
OA Round
1 (Non-Final)
94%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 94% — above average
94%
Career Allowance Rate
230 granted / 244 resolved
+34.3% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
21 currently pending
Career history
273
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
90.3%
+50.3% vs TC avg
§102
0.5%
-39.5% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 244 resolved cases

Office Action

§DP
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/26/2024; the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 9-15, and 18 of U.S. Patent No. 12114388 in view of US-20190116546-A1 to Kang. The inventive concept of US12114388 covers the inventive concept of the instant application as the elements remain constant with the addition of interaction between the network element with the management functions in this case the Access Mobility Management Function (AMF) which is an addition to the disclosed inventive concept. Regarding claim 4, US-12114388 teaches…the mobile wireless communication device of claim 1, but does not teach…wherein the inactive state comprises the connection to an Access and Mobility Management Function (AMF) of the network in the CM_Connected state, and the mobile wireless communication device is considered to be in the CM_Connected state at least by the AMF of the network Kang teaches… wherein the inactive state comprises the connection to an Access and Mobility Management Function (AMF) of the network in the CM_Connected state, and the mobile wireless communication device is considered to be in the CM_Connected state at least by the AMF of the network (P. 6 discloses… receiving, by an access and mobility management function (AMF), a message including a packet data unit (PDU) session identifier (ID) from a session management function (SMF), confirming, by the AMF, a state of user equipment (UE) associated with the PDU session ID, and transmitting, by the AMF, a non-access stratum (NAS) notification message to the UE through non-3GPP access if the UE is in a connection management (CM)_IDLE state in 3GPP access and in a CM_CONNECTED state in the non-3GPP access) 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 combination of US-12114388 by incorporating the teachings of Kang because the method and device allow for various modes of the status of the network device such as a User Equipment connection status between the network entities such as SMF and AMF which confirms that status under various network connectivity scenarios (Kang, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Regarding Claim 14 US-12114388 teach the method of claim 11, but does not teach…wherein the inactive state comprises the connection between the mobile device and an Access Management Function (AMF) of the network, and the mobile device is considered to be in the CM_Connected state at least by the AMF of the network. Kang teaches… wherein the inactive state comprises the connection between the mobile device and an Access Management Function (AMF) of the network, and the mobile device is considered to be in the CM_Connected state at least by the AMF of the network(P. 6 discloses… receiving, by an access and mobility management function (AMF), a message including a packet data unit (PDU) session identifier (ID) from a session management function (SMF), confirming, by the AMF, a state of user equipment (UE) associated with the PDU session ID, and transmitting, by the AMF, a non-access stratum (NAS) notification message to the UE through non-3GPP access if the UE is in a connection management (CM)_IDLE state in 3GPP access and in a CM_CONNECTED state in the non-3GPP access) 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 combination of US-12114388 by incorporating the teachings of Kang because the method and device allow for various modes of the status of the network device such as a User Equipment connection status between the network entities such as SMF and AMF which confirms that status under various network connectivity scenarios (Kang, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability. Instant Application 18828804 US Patent 12114388 Regarding claim 1. A mobile wireless communication device comprising: a memory; a transmitter configured to transmit a resume request to a target base station while the mobile wireless communication device is in an inactive state, the resume request requesting resume of a connected state, the inactive state comprising connection to a network in a connection management connected (CM_Connected) state, the mobile wireless communication device considered to be in the CM_Connected state at least by the network, the connected state comprising a capability to transmit and receive user data between the mobile wireless communication device and the network; and a controller configured to store a resume failure log in the memory, the resume failure log comprising failure log information associated with a failure to resume the connected state from the inactive state. 1. A mobile wireless communication device comprising: a memory; a transmitter configured to transmit a resume request to a target base station while the mobile wireless communication device is in an inactive state, the resume request requesting establishment of a connected state, the inactive state comprising connection to a network in a connection management connected (CM_Connected) state without a capability of transmitting or receiving user data between the mobile wireless communication device and the network,the mobile wireless communication device considered to be in the CM Connected state at least by the mobile wireless communication device and the network when the mobile wireless communication device is in the inactive state, the connected state comprising the capability to transmit and receive user data between the mobile wireless communication device and the network; and a controller configured to store a resume failure log in the memory, the resume failure log comprising failure log information associated with a failure to establish the connected state from the inactive state. Regarding claim 2. The mobile wireless communication device of claim 1, wherein the mobile wireless communication device is considered to be in the CM_Connected state at least by the mobile wireless communication device and the network. See claim 1 above Regarding claim 3. The mobile wireless communication device of claim 2, wherein the mobile wireless communication device is considered to be in the CM_Connected state at least by the mobile wireless communication device and the network when the mobile wireless communication device is in the inactive state. See claim 1 above Regarding claim 4. The mobile wireless communication device of claim 1, wherein the inactive state comprises the connection to an Access and Mobility Management Function (AMF) of the network in the CM_Connected state, and the mobile wireless communication device is considered to be in the CM_Connected state at least by the AMF of the network. See claim 4 rejection above Regarding claim 5. The mobile wireless communication device of claim 1, wherein the failure log information comprises a directed idle indicator indicating whether the base station instructed the mobile wireless communication device to enter an idle state where the mobile wireless communication device is not connected in the CM_connected state. 2. The mobile wireless communication device of claim 1, wherein the failure log information comprises a directed idle indicator indicating whether the base station instructed the mobile wireless communication device to enter an idle state where the mobile wireless communication device is not connected in the CMconnected state. Regarding claim 6. The mobile wireless communication device of claim 1, wherein the failure log information includes a geographical location of the mobile wireless communication device. 3. The mobile wireless communication device of claim 1, wherein the failure log information includes a geographical location of the mobile wireless communication device. Regarding claim 7. The mobile wireless communication device of claim 1, wherein the failure log information includes a resume ID identifying the mobile wireless communication device. 4. The mobile wireless communication device of claim 1, wherein the failure log information includes a resume ID identifying the mobile wireless communication device. Regarding claim 8. The mobile wireless communication device of claim 1, wherein the failure log information includes a target base station identifier uniquely identifying the target base station. 5. The mobile wireless communication device of claim 1, wherein the failure log information includes a target base station identifier uniquely identifying the target base station. Regarding claim 9. The mobile wireless communication device of claim 1, wherein the failure log information includes a last serving base station identifier uniquely identifying a last serving base station before the mobile wireless communication device entered the inactive state. 6. The mobile wireless communication device of claim 1, wherein the failure log information includes a last serving base station identifier uniquely identifying a last serving base station before the mobile wireless communication device entered the inactive state. Regarding claim 10. The mobile wireless communication device of claim 1, wherein the inactive state and the connected state are defined by at least one revision of a 3rd Generation Partnership Project (3GPP) 5G New Radio (NR) specification as RRC_INACTIVE and RRC_CONNECTED, respectively. 9. The mobile wireless communication device of claim 1, wherein the inactive state and the connected state are defined by at least one revision of a 3rd Generation Partnership Project (3GPP) 5G New Radio (NR) specification as RRC_INACTIVE and RRC_CONNECTED, respectively. Regarding claim 11. A method performed at a mobile device, the method comprising: receiving, from a last serving base station connected to a network, a release to inactive message instructing the mobile device to enter an inactive state, the inactive state comprising a connection between the mobile device and the network, the mobile device considered to be in a connection management connected (CM_Connected) state at least by the network; transmitting, to a target base station, a resume request while the mobile device is in the inactive state, the resume request requesting resume of a connected state, comprising a capability to transmit and receive user data between the mobile device and the network; and maintaining a resume failure log comprising failure log information associated with a failure to resume the connected state from the inactive state. 10. A method performed at a mobile device, the method comprising: receiving, from a last serving base station connected to a network, a release to inactive message instructing the mobile device to enter an inactive state, the inactive state comprising a connection between the mobile device and an Access Management Function (AMF) of the network without a capability of transmitting or receiving user data between the mobile wireless communication device and the network, the mobile device considered to be in a connection management connected (CM Connected) state at least by the mobile device and the network when the mobile device is in the inactive state,; transmitting, to a target base station, resume request while the mobile device is in the inactive state, the resume request requesting establishment of a connected state, comprising the capability to transmit and receive user data between the mobile device and the network; and maintaining a resume failure log comprising failure log information associated with a failure to establish the connected state from the inactive state. Regarding claim 12. The method of claim 11, wherein the mobile device is considered to be in the CM_Connected state at least by the mobile device and the network. See claim 10 above Regarding claim 13. The method of claim 12, wherein the mobile device is considered to be in the CM_Connected state at least by the mobile device and the network when the mobile device is in the inactive state. See claim 10 above Regarding claim 14. The method of claim 11, wherein the inactive state comprises the connection between the mobile device and an Access Management Function (AMF) of the network, and the mobile device is considered to be in the CM_Connected state at least by the AMF of the network. See claim 14 rejection above Regarding claim 15. The method of claim 11, wherein the failure log information comprises a directed idle indicator indicating whether the base station instructed the mobile device to enter an idle state where the mobile device is not connected to the network. 11. The method of claim 10, wherein the failure log information comprises a directed idle indicator indicating whether the base station instructed the mobile device to enter an idle state where the mobile device is not connected to the AMF. 16. The method of claim 11, wherein the failure log information includes a geographical location of the mobile device. 12. The method of claim 10, wherein the failure log information includes a geographical location of the mobile device. 17. The method of claim 11, wherein the failure log information comprises a Resume ID identifying the mobile device. 13. The method of claim 10, wherein the failure log information comprises a Resume ID identifying the mobile device. 18. The method of claim 11, wherein the failure log information includes a target base station identifier uniquely identifying the target base station. 14. The method of claim 10, wherein the failure log information includes a target base station identifier uniquely identifying the target base station. 19. The method of claim 11, wherein the failure log information includes a last serving base station identifier uniquely identifying the last serving base station. 15. The method of claim 10, wherein the failure log information includes a last serving base station identifier uniquely identifying the last serving base station. 20. The method of claim 11, wherein the inactive state and the connected state are defined by at least one revision of a 3rd Generation Partnership Project (3GPP) 5G New Radio (NR) specification as RRC_INACTIVE and RRC_CONNECTED, respectively. 18. The method of claim 10, wherein the inactive state and the connected state are defined by at least one revision of a 3rd Generation Partnership Project (3GPP) 5G New Radio (NR) specification as RRC_INACTIVE and RRC_CONNECTED, respectively. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: JP-2019537358-A discloses unique station identifier and status identifier; US-20200037285-A1 to Sivavakeesar discloses base station identifier and log entries; JP6385322B2 discloses recording of failure log. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS SAMARA whose telephone number is (408)918-7582. The examiner can normally be reached Monday - Friday 6-3 PT. 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. /L.S./Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Sep 09, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §DP (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
94%
Grant Probability
99%
With Interview (+7.1%)
2y 5m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 244 resolved cases by this examiner. Grant probability derived from career allowance rate.

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