Prosecution Insights
Last updated: July 17, 2026
Application No. 18/832,797

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §102
Filed
Jul 24, 2024
Priority
Jan 26, 2022 — nonprovisional of PCTCN2022074114
Examiner
SIDDIQUI, KASHIF
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1129 granted / 1283 resolved
+28.0% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
24 currently pending
Career history
1303
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
71.3%
+31.3% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1283 resolved cases

Office Action

§102
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 . DETAILED ACTION Allowable Subject Matter Claim(s) 31, 34-36, 39, 42-44 is/are 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. The following is an examiner’s statement of reasons for allowance: With respect to the claim(s), the prior art of record fails to disclose singly or in combination or render obvious all the limitations of the claim(s). The closest prior art relating to Applicant' s claimed invention is: US 20240023045 A1 Da Silva; Icaro Leonardo et al. US 20240397394 A1 Ramachandra; Pradeepa et al. US 20220377622 A1 Zhang; Yushu et al. Da Silva discloses a method performed by a communication device. The communication device is configured with a plurality of transmission configurations associated with one or more cells, each cell associated with one or more physical cell identities, PCIs. The method includes receiving a signal for lower layer mobility. The signal including an indication of a transmission configuration to be activated from the plurality of transmission configurations; and, in response to the indicated transmission configuration, determining if a timing advance, TA, is valid or invalid. Ramachandra discloses a method in a wireless device configured with multiple Physical Cell Identities (PCIs) for a mobility procedure, wherein the wireless device is configured with one or more cells operating in a same serving frequency, each cell associated with one or more PCIs. The method comprises: selecting a PCI among the multiple PCIs; determining cell measurement results based on cell measurements performed on the selected PCI, wherein the cell measurements represent measurements of a serving cell; and determining whether or not to trigger an event for measurement reporting, based on the cell measurement results. The wireless device may also select a subset of PCIs among the multiples PCIs and determine cell measurement results based on cell measurements performed based on the selected subset of PCIs. Zhang discloses an apparatus, method, and computer program product for using low layer protocols for inter-cell mobility management in a 5G wireless communications system. A serving 5G node B (gNB) can configure reports that a user equipment (UE) transmits to the serving gNB to make handover decisions. The serving gNB can configure a group of Transmission Configuration Indication (TCI) states (e.g., a group of beams) that correspond a physical cell, and the report includes layer 3 measurements corresponding to a neighboring or serving cell's TCI state. The report can be conveyed using lower layer protocols. The report can include layer 1 measurements conveyed using a layer 1 protocol and the serving gNB can perform filtering to generate corresponding layer 3 measurement results. Based on the reports, the serving gNB can perform a handover and synchronization using lower layer protocols, from one TCI state to another. The prior art does not disclose or suggest that the first configuration is a complete candidate configuration or a delta configuration relative to a reference configuration, and that the method further comprises considering the reference configuration to be a current UE configuration in a case where the first configuration is not the complete candidate configuration. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (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) 30, 32, 33, 37, 38, 40, 41, 45 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20240023045 A1 to Da Silva; Icaro Leonardo et al. Re: Claim(s) 30, 38 Da Silva discloses a method of a User Equipment (UE), the method comprising: (Fig. 9) receiving, from a network, a Radio Resource Control (RRC) Reconfiguration message which includes a first configuration associated with a candidate cell for L1/L2 Triggered Mobility (Fig. 9 – RRC Reconfiguration sent from Cell-A to UE. Figs. 2 and 3 and 0053 - TCI states configured as part of the so-called CellGroupConfig, a DU configuration in a CU-DU split architecture, and conveyed to the UE via for example a RRCReconfiguration); and applying the first configuration in a case where a cell switch is triggered by an indication from a lower layer (Fig. 9 – MAC-CE with TCI state indication. 0088 - The UE receives a RRC reconfiguration from serving cell-A. The UE performs the reconfiguration, and responds to serving cell-A with a message including that RRC reconfiguration is complete. The RRC reconfiguration includes a mapping between a TCI state ID and a non-serving cell (e.g., TCI state id=x, non-serving cell-B, as illustrated in FIG. 9). The UE receives a MAC CE with a TCI state indication (e.g., TCI state id=x). The UE triggers a random access to the non-serving cell-B upon reception of the MAC CE, within a short time (e.g., immediately) as part of the L1/L2 centric inter-cell mobility procedure (e.g., upon reception of the MAC CE (or any other L1/L2 signaling)). The Examiner notes that the claim language does not provide detail regarding the said first configuration comprises. Therefore, given the broadest reasonable interpretation of a “first configuration,” obtaining a TCI state ID used in conjunction with a mapping to a non-serving cell for the purpose of performing random access to said non-serving cell would satisfactorily teach a first configuration). Da Silva further discloses a user equipment (UE) comprising: a memory; and a processor (Fig. 17 – 4300 comprises 4360 and 4390), as required by claim 38. Re: Claim(s) 33, 41 Da Silva discloses a method of a User Equipment (UE), the method comprising: (Figs. 9 and 10) receiving, from a network, a Radio Resource Control (RRC) Reconfiguration message which includes a first configuration associated with a candidate cell for a subsequent Conditional PSCell Addition or Change (Fig. 9 – RRC Reconfiguration sent from Cell-A to UE. Figs. 2 and 3 and 0053 - TCI states configured as part of the so-called CellGroupConfig, a DU configuration in a CU-DU split architecture, and conveyed to the UE via for example a RRCReconfiguration. Intended use language disclosed by 0084 - The term L1/L2 inter-cell centric mobility or simply L1 mobility or, L1/L2 centric mobility refers to a procedure where the UE change cells (e.g., changes SpCell, PCell change, or PSCell change) upon reception of a L1 and/or L2 signaling, such as upon the reception of a MAC CE); and applying the first configuration in a case where an execution condition of a candidate PSCell is satisfied (Fig. 9 – MAC-CE with TCI state indication. 0088 - The UE receives a RRC reconfiguration from serving cell-A. The UE performs the reconfiguration, and responds to serving cell-A with a message including that RRC reconfiguration is complete. The RRC reconfiguration includes a mapping between a TCI state ID and a non-serving cell (e.g., TCI state id=x, non-serving cell-B, as illustrated in FIG. 9). The UE receives a MAC CE with a TCI state indication (e.g., TCI state id=x). The UE triggers a random access to the non-serving cell-B upon reception of the MAC CE, within a short time (e.g., immediately) as part of the L1/L2 centric inter-cell mobility procedure (e.g., upon reception of the MAC CE (or any other L1/L2 signaling)). The Examiner notes that the claim language does not provide detail regarding the said first configuration comprises. Therefore, given the broadest reasonable interpretation of a “first configuration,” obtaining a TCI state ID used in conjunction with a mapping to a non-serving cell for the purpose of performing random access to said non-serving cell would satisfactorily teach a first configuration. Fig. 10 and 0089 further discloses a condition - the UE does not trigger a random access to the non-serving cell upon reception of the L1/L2 centric inter-cell mobility, such as the MAC CE, but first waits until there is a need for UL transmission in the non-serving cell. FIG. 10 is a signaling diagram illustrating such an example embodiment. The Examiner notes that the claim language does not specify what comprises an execution condition, therefore, a UE waiting to perform random access to a non-serving cell until there is an UL transmission would satisfy the claimed execution condition). Da Silva further discloses a user equipment (UE) comprising: a memory; and a processor (Fig. 17 – 4300 comprises 4360 and 4390), as required by claim 41. Re: Claim(s) 32, 37, 40, 45 Da Silva discloses wherein the first configuration is a candidate configuration (see as analyzed in the rejections of claims 30 and 33. A TCI state ID is mapped to a non-serving cell (i.e. a candidate cell, therefore the related configuration is a candidate configuration)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KASHIF SIDDIQUI whose telephone number is (571)270-3188. The examiner can normally be reached on M-R 6:00 EST to 16:00 EST. 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, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KASHIF SIDDIQUI/Primary Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Jul 24, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102 (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
88%
Grant Probability
97%
With Interview (+8.6%)
2y 2m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1283 resolved cases by this examiner. Grant probability derived from career allowance rate.

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