Prosecution Insights
Last updated: July 17, 2026
Application No. 18/841,718

COMMUNICATION SYSTEM

Non-Final OA §102§103§112
Filed
Aug 27, 2024
Priority
Mar 25, 2022 — GB 2204294.9 +1 more
Examiner
ZHAO, WEI
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
968 granted / 1082 resolved
+29.5% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
15 currently pending
Career history
1103
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
67.9%
+27.9% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
17.6%
-22.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1082 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority 2. Acknowledgment is made of the present application is a National Stage Entry of PCT/JP2023/010479 filed on March 16, 2023, which claims priority from GB Patent Application 2204294.9 filed on March 25, 2022. Information Disclosure Statement 3. Acknowledgment is made of Applicant’s submission of information disclosure statement (IDS), dated on August 27, 2024 and July 14, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Examiner's Notes 4. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Preliminary Amendment 5. Acknowledgment is made of Applicant’s submission of the preliminary amendment on August 27, 2024. Claims 1-30 have been canceled; claims 31-43 are new. Upon entering the amendment, claims 31-43 are pending. This communication is considered fully responsive and sets forth below. Specification 6. The title of the invention is not descriptive. The title of this application is “COMMUNICATION SYSTEM.” The examiner objects the usage of this title as it is not clearly indicative of the invention to which the claims are directed. A substitution of a new title is anticipated. Claim Rejections - 35 USC § 112 7. The following is a quotation of 35 U.S.C. 112(b): The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 8. Claims 31-37 are rejected under 35 U.S.C. 112(b). Regarding claim 31, it recites, “A method performed by a distributed unit of a base station for providing Multicast and Broadcast Services (MBS) in a cell for a user equipment (UE) in a Radio Resource Control (RRC) inactive state, the method comprising: receiving, from a central unit of the base station, MBS session information indicating whether a transmission mode via multicast to the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated; and determining to activate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session in the cell or deactivate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session, based on the MBS information.” It is a method-step claim, comprising multiple steps, e.g., receiving, determining, etc. There are several limitations related to the MBS, such as “Multicast and Broadcast Services (MBS),” “MBS session information,” and “at least one MBS session,” as indicated in italics above. The examiner rejects claim 31, since there is a lack of antecedent basis for the usage of the ending term “the MBS information.” Claims 32-37 are rejected since they all depend from claim 31. Claim Rejections - 35 USC § 102 9. 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 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. 10. 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. 11. Claims 31, 33-38, and 40-43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 2020/0351818). Regarding claim 31, Park et al. teach the method performed by a distributed unit of a base station for providing Multicast and Broadcast Services (MBS) in a cell for a user equipment (UE) in a Radio Resource Control (RRC) inactive state (paragraphs [0156] lines 1-16 & [0163] lines 1-8; Examiner’s Notes: wireless device, e.g., 110 depicted in FIG. 3, in the prior art teaches the limitation of “a user equipment (UE);” base station, e.g., gNB/base station 1 120A depicted in both FIG. 3 and FIG. 14, in the prior art teaches the limitation of “a base station;” gNB-DU 1430A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a distributed unit of a base station;” In fact, gNB-DU 1430A broadcasting/multicasting in the cell for a UE, e.g., 110, in an RRC inactive state, as illustrated in FIG. 3, in the prior art teaches this preamble), the method comprising: receiving, from a central unit of the base station, MBS session information indicating whether a transmission mode via multicast to the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated (paragraph [0160] lines 1-10; Examiner’s Notes: gNB-CU 1420A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a central unit of the base station;” UE/wireless device in RRC inactive, as illustrated in 1520 in FIG. 15, in the prior art teaches the limitation of “the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated;” In fact, receiving, from gNB-CU 1420A in gNB 120A, multicating/broadcasting information indicating a UE transmission mode, as from the RRC inactive state 1520 to be activated in the cell to RRC connected 1530, as illustrated in FIG. 15 in the prior art teaches the limitation of “receiving, from a central unit of the base station, MBS session information indicating whether a transmission mode via multicast to the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated” in the instant application); and determining to activate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session in the cell or deactivate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session, based on the MBS information (paragraph [0265] lines 1-11; Examiner’s Notes: determining to activate the transmission mode, e.g., UE in RRC inactive state 1520 on the multicasting/broadcasting in the cell as illustrated in FIG. 15, in the prior art teaches the limitation of “determining to activate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session in the cell or deactivate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session, based on the MBS information” in the instant application). Regarding claim 33, Park et al. further teach the method, wherein the MBS session information indicates the at least one MBS session (paragraph [0163] lines 1-8; Examiner’s Notes: multicasting and broadcasting message indicating information, e.g., the paging session in the prior art teaches the limitation of “wherein the MBS session information indicates the at least one MBS session” in the instant application). Regarding claim 34, Park et al. further teach the method, further comprising: transmitting, to the UE, configuration information for configuring a respective multicast radio bearer for the at least one MBS session (paragraphs [0159] lines 1-23 & [0163] lines 1-8; Examiner’s Notes: the bearers, e.g., signaling radio bearer (SRB), in the prior art teaches the limitation of “a respective multicast radio bearer;” In fact, broadcasting/multicasting, to UE 110, information for configuring a SRB for the signaling session, as illustrated in FIG. 3, in the prior art teaches the limitation of “transmitting, to the UE, configuration information for configuring a respective multicast radio bearer for the at least one MBS session” in the instant application). Regarding claim 35, Park et al. further teach the method, wherein the configuration information is transmitted using at least one of: a message for releasing a connection of the UE; a message for releasing a UE context associated with the UE; a message for moving the UE to the RRC inactive state; a message for setting up or modifying a multicast context associated with the at least one MBS session; a system information block; or a multicast control channel (MCCH) (paragraph [0265] lines 1-21; Examiner’s Notes: the connection release message, as shown in step 1560 in FIG. 15 in the prior art teaches the limitation of “a message for releasing a connection of the UE;” In fact, transmitting the configuration using the connection release message, as shown in step 1560 in FIG. 15 in the prior art teaches the limitation of “wherein the configuration information is transmitted using at least one of: a message for releasing a connection of the UE; a message for releasing a UE context associated with the UE; a message for moving the UE to the RRC inactive state; a message for setting up or modifying a multicast context associated with the at least one MBS session; a system information block; or a multicast control channel (MCCH)” in the instant application). Regarding claim 36, Park et al. further teach the method, wherein the configuration information includes configuration for at least one of: a Packet Data Convergence Protocol (PDCP); a Radio Link Control (RLC); a Medium Access Control (MAC); a Multicast Control Channel (MCCH); or a Multicast Traffic Channel (MTCH) associated with the at least one MBS session (paragraph [0159] lines 1-23; Examiner’s Notes: the PDCP layer configuration in the prior art teaches the limitation of “a Packet Data Convergence Protocol (PDCP);” In fact, the PDCP layer configuration in the prior art teaches the limitation of “wherein the configuration information includes configuration for at least one of: a Packet Data Convergence Protocol (PDCP); a Radio Link Control (RLC); a Medium Access Control (MAC); a Multicast Control Channel (MCCH); or a Multicast Traffic Channel (MTCH) associated with the at least one MBS session” in the instant application). Regarding claim 37, Park et al. further teach the method, further comprising: transmitting, to the UE, information indicating that the transmission mode via multicast to the UE in the RRC inactive state on at least one MBS session has been activated in the cell (paragraph [0265] lines 1-21; Examiner’s Notes: RRC inactive 1520 as shown in FIG. 15 in the prior art teaches the limitation of “in the RRC inactive state;” In fact, transmitting, to UE, the information indicating activating the RRC inactive state in the cell, as shown in step 1580 in FIG. 15 in the prior art teaches the limitation of “transmitting, to the UE, information indicating that the transmission mode via multicast to the UE in the RRC inactive state on at least one MBS session has been activated in the cell” in the instant application). Regarding claim 38, Park et al. teach the method performed by a central unit of a base station for providing Multicast and Broadcast Services (MBS) in a cell for a user equipment (UE) in a Radio Resource Control (RRC) inactive state (paragraphs [0156] lines 1-16 & [0163] lines 1-8; Examiner’s Notes: wireless device, e.g., 110 depicted in FIG. 3, in the prior art teaches the limitation of “a user equipment (UE);” base station, e.g., gNB/base station 1 120A depicted in both FIG. 3 and FIG. 14, in the prior art teaches the limitation of “a base station;” gNB-CU 1420A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a central unit of a base station;” In fact, gNB-CU 1420A providing broadcasting/multicasting service in the cell for a UE, e.g., 110, in an RRC inactive state, as illustrated in FIG. 3, in the prior art teaches this preamble), the method comprising: transmitting, to a distributed unit of the base station, MBS session information identifying whether a transmission mode for the UE in the RRC inactive state on at least one MBS session is to be activated in the cell via multicast or to be deactivated (paragraph [0160] lines 1-10; Examiner’s Notes: gNB-DU 1430A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a distributed unit of a base station;” UE/wireless device in RRC inactive, as illustrated in 1520 in FIG. 15, in the prior art teaches the limitation of “the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated;” In fact, transmitting, to gNB-DU 1430A in gNB 120A, multicating/broadcasting information indicating a UE transmission mode, as from the RRC inactive state 1520 to be activated in the cell to RRC connected 1530, as illustrated in FIG. 15 in the prior art teaches the limitation of “transmitting, to a distributed unit of the base station, MBS session information identifying whether a transmission mode for the UE in the RRC inactive state on at least one MBS session is to be activated in the cell via multicast or to be deactivated” in the instant application), wherein the MBS session information is used by the distributed unit for determining to activate the transmission mode for the UE in the RRC inactive state on the at least one MBS session in the cell via multicast or deactivate the transmission mode for the UE in the RRC inactive state on the at least one MBS session (paragraph [0265] lines 1-11; Examiner’s Notes: determining to activate the transmission mode, e.g., UE in RRC inactive state 1520 on the multicasting/broadcasting in the cell as illustrated in FIG. 15, in the prior art teaches the limitation of “wherein the MBS session information is used by the distributed unit for determining to activate the transmission mode for the UE in the RRC inactive state on the at least one MBS session in the cell via multicast or deactivate the transmission mode for the UE in the RRC inactive state on the at least one MBS session” in the instant application). Regarding claim 40, Park et al. further teach the method, wherein the MBS session information indicates the at least one MBS session (paragraph [0163] lines 1-8; Examiner’s Notes: multicasting and broadcasting message indicating information, e.g., the paging session in the prior art teaches the limitation of “wherein the MBS session information indicates the at least one MBS session” in the instant application). Regarding claim 41, Park et al. further teach the method, wherein the MBS session information is transmitted in a case where the central unit receives at least one of: a request for a UE context, from another base station; or information indicating that a UE has reselected another cell, from a core network node for mobility management (paragraph [0164] lines 1-15; Examiner’s Notes: the UE context request message in the prior art teaches the limitation of “a request for a UE context;” In fact, gNB-CU 1420A receiving a UE context request message from gNB 120B as illustrated in FIG. 14 in the prior art teaches the limitation of “wherein the MBS session information is transmitted in a case where the central unit receives at least one of: a request for a UE context, from another base station; or information indicating that a UE has reselected another cell, from a core network node for mobility management” in the instant application). Regarding claim 42, Park et al. teach the distributed unit of a base station for providing Multicast and Broadcast Services (MBS) in a cell for a user equipment (UE) in a Radio Resource Control (RRC) inactive state (paragraphs [0156] lines 1-16 & [0163] lines 1-8; Examiner’s Notes: wireless device, e.g., 110 depicted in FIG. 3, in the prior art teaches the limitation of “a user equipment (UE);” base station, e.g., gNB/base station 1 120A depicted in both FIG. 3 and FIG. 14, in the prior art teaches the limitation of “a base station;” gNB-DU 1430A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a distributed unit of a base station;” In fact, gNB-DU 1430A broadcasting/multicasting in the cell for a UE, e.g., 110, in an RRC inactive state, as illustrated in FIG. 3, in the prior art teaches this preamble), the distributed unit comprising: at least one memory storing instructions (paragraph [0060] lines 1-16; Examiner’s Notes: memory 322A in gNB 120A depicted in FIG. 3 in the prior art teaches the limitation of “one memory” in the instant application); and at least one processor configured to process the instructions to (paragraph [0060] lines 1-16; Examiner’s Notes: processor 321A in gNB 120A depicted in FIG. 3 in the prior art teaches the limitation of “one processor” in the instant application): receive, from a central unit of the base station, MBS session information indicating whether a transmission mode via multicast to the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated (paragraph [0160] lines 1-10; Examiner’s Notes: gNB-CU 1420A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a central unit of the base station;” UE/wireless device in RRC inactive, as illustrated in 1520 in FIG. 15, in the prior art teaches the limitation of “the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated;” In fact, receiving, from gNB-CU 1420A in gNB 120A, multicating/broadcasting information indicating a UE transmission mode, as from the RRC inactive state 1520 to be activated in the cell to RRC connected 1530, as illustrated in FIG. 15 in the prior art teaches the limitation of “receive, from a central unit of the base station, MBS session information indicating whether a transmission mode via multicast to the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated” in the instant application); and determine to activate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session in the cell or deactivate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session, based on the MBS information (paragraph [0265] lines 1-11; Examiner’s Notes: determining to activate the transmission mode, e.g., UE in RRC inactive state 1520 on the multicasting/broadcasting in the cell as illustrated in FIG. 15, in the prior art teaches the limitation of “determine to activate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session in the cell or deactivate the transmission mode via multicast to the UE in the RRC inactive state on the at least one MBS session, based on the MBS information” in the instant application). Regarding claim 43, Park et al. teach the central unit of a base station for providing Multicast and Broadcast Services (MBS) in a cell for a user equipment (UE) in a Radio Resource Control (RRC) inactive state (paragraphs [0156] lines 1-16 & [0163] lines 1-8; Examiner’s Notes: wireless device, e.g., 110 depicted in FIG. 3, in the prior art teaches the limitation of “a user equipment (UE);” base station, e.g., gNB/base station 1 120A depicted in both FIG. 3 and FIG. 14, in the prior art teaches the limitation of “a base station;” gNB-CU 1420A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a central unit of a base station;” In fact, gNB-CU 1420A providing broadcasting/multicasting service in the cell for a UE, e.g., 110, in an RRC inactive state, as illustrated in FIG. 3, in the prior art teaches this preamble), the central unit comprising: at least one memory storing instructions (paragraph [0060] lines 1-16; Examiner’s Notes: memory 322A in gNB 120A depicted in FIG. 3 in the prior art teaches the limitation of “one memory” in the instant application); and at least one processor configured to process the instructions to (paragraph [0060] lines 1-16; Examiner’s Notes: processor 321A in gNB 120A depicted in FIG. 3 in the prior art teaches the limitation of “one processor” in the instant application): transmit, to a distributed unit of the base station, MBS session information identifying whether a transmission mode for the UE in the RRC inactive state on at least one MBS session is to be activated in the cell via multicast or to be deactivated (paragraph [0160] lines 1-10; Examiner’s Notes: gNB-DU 1430A in gNB 120A depicted in FIG. 14 in the prior art teaches the limitation of “a distributed unit of a base station;” UE/wireless device in RRC inactive, as illustrated in 1520 in FIG. 15, in the prior art teaches the limitation of “the UE in the RRC inactive state on at least one MBS session is to be activated in the cell or to be deactivated;” In fact, transmitting, to gNB-DU 1430A in gNB 120A, multicating/broadcasting information indicating a UE transmission mode, as from the RRC inactive state 1520 to be activated in the cell to RRC connected 1530, as illustrated in FIG. 15 in the prior art teaches the limitation of “transmit, to a distributed unit of the base station, MBS session information identifying whether a transmission mode for the UE in the RRC inactive state on at least one MBS session is to be activated in the cell via multicast or to be deactivated” in the instant application), wherein the MBS session information is used by the distributed unit for determining to activate the transmission mode for the UE in the RRC inactive state on the at least one MBS session in the cell via multicast or deactivate the transmission mode for the UE in the RRC inactive state on the at least one MBS session (paragraph [0265] lines 1-11; Examiner’s Notes: determining to activate the transmission mode, e.g., UE in RRC inactive state 1520 on the multicasting/broadcasting in the cell as illustrated in FIG. 15, in the prior art teaches the limitation of “wherein the MBS session information is used by the distributed unit for determining to activate the transmission mode for the UE in the RRC inactive state on the at least one MBS session in the cell via multicast or deactivate the transmission mode for the UE in the RRC inactive state on the at least one MBS session” in the instant application). Claim Rejections - 35 USC § 103 12. 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 of this title, 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. 13. Claims 32 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2020/0351818) in view of Byun et al. (US 2023/0072861). Regarding claim 32, Park et al. teach the method without explicitly teaching implementing Multicast Context Setup Request message or a Multicast Context Modification Request message. Byun et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the MBS session information is included in a Multicast Context Setup Request message or a Multicast Context Modification Request message (paragraph [0308] lines 1-10; Examiner’s Notes: the bearer context setup/modification request message in the prior art teaches the limitation of “Multicast Context Setup Request message or a Multicast Context Modification Request message;” In fact, the bearer context setup/modification request message regards to the MBS session in the prior art teaches the limitation of “wherein the MBS session information is included in a Multicast Context Setup Request message or a Multicast Context Modification Request message” in the instant application). Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Byun et al. in the system of Park et al. The motivation for implementing the Multicast Context Setup Request message or a Multicast Context Modification Request message, is to further enhance the mechanism for switching of multicast and broadcast service between multicast and unicast in a wireless communication system, wherein a CU-CP establishes a connection with a wireless device for a Multicast and Broadcast Service (MBS), the CU-CP receives, from the CU-UP, a first message including a retransmission information on data transmission related to the MBS, and the CU-CP determines whether to perform a switch of the first transmission to a second transmission for the MBS based on the retransmission information. Same rejection applies to claim 39. Conclusion 14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Xiong et al. (US 10,666,334) is cited to show an apparatus of an e-NodeB (eNB) capable to establish a communication connection with a user equipment (UE) in a communication network, the eNB comprising processing circuitry to transmit a downlink (DL) beamforming training reference signal (BF-TRS) to a user equipment (UE) using transmit beamforming weights. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEI ZHAO whose telephone number is (571)270-5672. The examiner can normally be reached from 8:00AM to 5:00PM Monday through Friday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAE Y. LEE can be reached on 571-270-3936. 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. /WEI ZHAO/ Primary Examiner Art Unit 2479
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Prosecution Timeline

Aug 27, 2024
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+15.4%)
2y 5m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1082 resolved cases by this examiner. Grant probability derived from career allowance rate.

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