Prosecution Insights
Last updated: July 17, 2026
Application No. 18/840,574

RADIO TERMINAL AND METHOD THEREFOR

Non-Final OA §102
Filed
Aug 22, 2024
Priority
Mar 11, 2022 — JP 2022-038087 +1 more
Examiner
NGUYEN, KHAI MINH
Art Unit
Tech Center
Assignee
NEC Carparation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
1121 granted / 1288 resolved
+27.0% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
1315
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
63.4%
+23.4% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1288 resolved cases

Office Action

§102
DETAILED ACTION The present application is being examined under the pre-AIA first to invent provisions. 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)(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. Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vargas et al. (US 20230017902 A1). Considering claim 1, Vargas teaches a radio terminal comprising: at least one radio transceiver (404, Fig.4); and at least one processor (410) coupled to the at least one radio transceiver (404, Fig.4, [0092]) and configured to: perform sidelink communication with a peer radio terminal on a primary carrier and a secondary carrier (Fig.1-5, [0104] the devices 520 and 530 support an FR2 band and simultaneous transmission and reception in both FR1 and FR2, [0055]); and use the primary carrier (FR1) without using the secondary carrier to transmit control plane data belonging to a first type of sidelink signaling radio bearer (Fig.1-5, [0075], [0103]-[0104] devices 520 and 530 establish an RRC connection and an SRB on a unicast link in FR1), and control plane data belonging to a second type of sidelink signaling radio bearer (Fig.1-5, [0103]-[0104]), wherein the first type of sidelink signaling radio bearer is used to transmit an unsecured (Uu security does not include confidentiality protection) upper layer message ([0075] For example, V2X and Uu systems may have different security requirements (e.g., Uu security does not include confidentiality protection)), and the second type of sidelink signaling radio bearer is used to transmit an upper layer message for establishing security (integrity protection) for a unicast link for the sidelink communication ([0075] a security association may be established between UE 302 and UE 304 for the unicast connection. Unicast traffic may benefit from security protection at a link level (e.g., integrity protection)). Considering claim 2, Vargas teaches wherein the upper layer message is a PC5 Signalling (PC5-S) message ([0075], [0097]). Considering claim 3, Vargas teaches wherein the first type of sidelink signalling radio bearer is a Sidelink Signalling Radio Bearer 0 (SL-SRB0) ([0078] sidelink signaling radio bearer 305), and the second type of sidelink signalling radio bearer is a Sidelink Signalling Radio Bearer 1 (SL-SRB1) ([0079] sidelink signaling radio bearer 310). Considering claim 4, Vargas teaches wherein the at least one processor is configured to provide a Medium Access Control (MAC) entity, wherein the MAC entity is configured to include, in one or more MAC Protocol Data Units (PDUs) to be transmitted on the primary carrier, data of a logical channel associated with the first type of sidelink signaling radio bearer and data of a logical channel associated with the second type of sidelink signaling radio bearer ([0078]-[0079], [0084]-[0085]). Considering claim 5, Vargas teaches wherein the at least one processor is configured to use the primary carrier without using the secondary carrier to transmit control plane data belonging to a third type of sidelink signaling radio bearer, wherein the third type of sidelink signaling radio bearer is used to transmit an upper layer message after the security has been established ([0075]-[0079]). Considering claim 6, Vargas teaches wherein the third type of sidelink signaling radio bearer is a Sidelink Signalling Radio Bearer 2 (SL-SRB2) ([0104] PC5-S). Considering claim 7, Vargas teaches wherein the at least one processor is configured to use the primary carrier without using the secondary carrier to transmit control plane data belonging to a fourth type of sidelink signaling radio bearer, wherein the fourth type of sidelink signaling radio bearer is used to transmit a PC5 Radio Resource Control (PC5-RRC) message after the security has been established ([0075], [0097] FR1 with PC5-RRC, [0103]-[0104]). Considering claim 8, Vargas teaches wherein the fourth type of sidelink signaling radio bearer is a Sidelink Signalling Radio Bearer 3 (SL-SRB3) ([0097]). Considering claim 9, Vargas teaches wherein the at least one processor is configured to use the secondary carrier for transmission of user data belonging to a sidelink data radio bearer, but not to use the secondary carrier for transmission of control plane data belonging to any sidelink signaling radio bearer ([0078]-[0079], [0084]-[0085]). Considering claim 10, Vargas teaches wherein the primary carrier is included in a licensed spectrum of a radio access network node to which the radio terminal is connected, and the secondary carrier is included in an unlicensed spectrum ([0047]-[0048]). Considering claim 11, Vargas teaches a memory configured to store a first configuration parameter indicating a carrier frequency or a plurality of candidate carrier frequencies of the primary carrier and a carrier frequency or a plurality of candidate carrier frequencies of the secondary carrier ([0055]), wherein the at least one processor is configured to determine a carrier frequency of the primary carrier and a carrier frequency of the secondary carrier according to the first configuration parameter stored in the memory when the radio terminal is out of coverage of a radio access network (Fig.4, [0055], [0059] outside the geographic coverage area, [0060]). Considering claim 12, Vargas teaches wherein the memory is a non-volatile memory in a Mobile Equipment (ME) (414, Fig,4), or a Universal Subscriber Identity Module (USIM). Considering claim 13, Vargas teaches wherein the first configuration parameter is provided to the radio terminal by a core network node or a vehicle-to-everything (V2X) application server ([0075]). Considering claim 14, Vargas teaches wherein the at least one processor is configured to, when the radio terminal is within coverage of a radio access network, receive from the radio access network a second configuration parameter indicating a carrier frequency or a plurality of candidate carrier frequencies for the primary carrier, and determine a carrier frequency of the primary carrier according to the second configuration parameter ([0055]). Considering claim 15, Vargas teaches wherein the at least one processor is configured to determine a carrier frequency of the secondary carrier according to the first configuration parameter when the radio terminal is in the coverage of the radio access network ([0055]). Considering claim 16, Vargas teaches wherein the at least one processor is configured to, when the radio terminal is within the coverage of the radio access network, receive from the radio access network a third configuration parameter indicating a carrier frequency or a plurality of candidate carrier frequencies for the secondary carrier, and determine a carrier frequency of the secondary carrier according to the third configuration parameter ([0055], [0076], [0084]-[0085]), Considering claim 17, Vargas teaches wherein the at least one processor is configured to transmit to the peer radio terminal a PC5 Radio Resource Control (PC5-RRC) message indicating addition, modification, or release of the secondary carrier ([0057], [0097] PC5-RRC). Considering claim 18, Vargas teaches a method performed by a radio terminal, the method comprising: performing sidelink communication with a peer radio terminal on a primary carrier (FR1) and a secondary carrier (FR2) (Fig.1-5, [0104] the devices 520 and 530 support an FR2 band and simultaneous transmission and reception in both FR1 and FR2, [0055]); and using the primary carrier (FR1) without using the secondary carrier to transmit control plane data belonging to a first type of sidelink signaling radio bearer (Fig.1-5, [0075], [0103]-[0104] devices 520 and 530 establish an RRC connection and an SRB on a unicast link in FR1), and control plane data belonging to a second type of sidelink signaling radio bearer (Fig.1-5, [0103]-[0104]), wherein the first type of sidelink signaling radio bearer is used to transmit an unsecured (Uu security does not include confidentiality protection) upper layer message ([0075] For example, V2X and Uu systems may have different security requirements (e.g., Uu security does not include confidentiality protection)), and the second type of sidelink signaling radio bearer is used to transmit an upper layer message for establishing security (integrity protection) for a unicast link for the sidelink communication ([0075] a security association may be established between UE 302 and UE 304 for the unicast connection. Unicast traffic may benefit from security protection at a link level (e.g., integrity protection)). Considering claim 19, Vargas teaches a non-transitory computer readable medium storing a program for causing a computer to perform a method for a radio terminal, the method comprising: performing sidelink communication with a peer radio terminal on a primary carrier and a secondary carrier (Fig.1-5, [0104] the devices 520 and 530 support an FR2 band and simultaneous transmission and reception in both FR1 and FR2, [0055]); and using the primary carrier (FR1) without using the secondary carrier to transmit control plane data belonging to a first type of sidelink signaling radio bearer (Fig.1-5, [0075], [0103]-[0104] devices 520 and 530 establish an RRC connection and an SRB on a unicast link in FR1), and control plane data belonging to a second type of sidelink signaling radio bearer (Fig.1-5, [0103]-[0104]), wherein the first type of sidelink signaling radio bearer is used to transmit an unsecured (Uu security does not include confidentiality protection) upper layer message ([0075] For example, V2X and Uu systems may have different security requirements (e.g., Uu security does not include confidentiality protection)), and the second type of sidelink signaling radio bearer is used to transmit an upper layer message for establishing security (integrity protection) for a unicast link for the sidelink communication ([0075] a security association may be established between UE 302 and UE 304 for the unicast connection. Unicast traffic may benefit from security protection at a link level (e.g., integrity protection)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAI MINH NGUYEN whose telephone number is (571)272-7923. The examiner can normally be reached 6-3. 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, Charles Appiah can be reached at 571-272-7904. 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. /KHAI M NGUYEN/ Primary Examiner, Art Unit 2641
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Prosecution Timeline

Aug 22, 2024
Application Filed
Jul 07, 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
87%
Grant Probability
92%
With Interview (+4.5%)
2y 4m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1288 resolved cases by this examiner. Grant probability derived from career allowance rate.

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