Prosecution Insights
Last updated: October 01, 2026
Application No. 18/846,834

CELL SEARCH

Non-Final OA §101§103
Filed
Sep 13, 2024
Priority
Mar 15, 2022 — nonprovisional of PCTEP2022056686
Examiner
FIGUEROA, MARISOL
Art Unit
Tech Center
Assignee
Nokia Corporation
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
580 granted / 729 resolved
+19.6% vs TC avg
Minimal +3% lift
Without
With
+2.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
747
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
55.5%
+15.5% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 729 resolved cases

Office Action

§101 §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 . 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. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 23 is rejected under 35 U.S.C. 101 because the claim is the claimed invention is directed to non-statutory subject matter. The claim is directed to “a computer program” (i.e., software) which does not fall within the definition of a process, machine, manufacture, or composition of matter. Claim Rejections - 35 USC § 103 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 13-17, 19, 20, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over WANG et al. (US 2017/0070967) in view of BAI et al. (US 2013/0231105). Regarding claim 13, Harada discloses an apparatus (Fig. 6; i.e., User Equipment UE) comprising at least one processor (p. [0075]), and at least one memory including computer program code, wherein the at least one memory and the computer program code are configured, with the at least one processor (p. [0077]), to cause the apparatus to: carry out a first cell search by monitoring for a first synchronization signal shared by the plurality of communication systems (abstract; Fig. 2, step 210; p. [0046], [0048], [0070]-[0071]; the wireless communication system may support a common synchronization signal that is shared or common among multiple RATs, i.e., multi-RAT PSS; the UE may decode the multi-RAT PSS received from the base station); in response to detecting the first synchronization signal, monitor for an indication for determining a type of a first radio cell found in the first cell search (Fig. 2, step 215, 225; p. [0050]-[0053], [0073]; the UE decodes the SSS, the periodicity of the SSS may convey an indication of the associated RAT (i.e., type of RAT of base station), the UE identify the RAT associated with the multi-RAT PSS based on the decoded SSS). But, Wang does not particularly disclose to determine a priority communication system among a plurality of communication systems providing communication service in a geographical area; and in the case the type of the first radio cell corresponds to the priority communication system, carry out an access procedure to the first radio cell. However, Bai teaches to determine a priority communication system among a plurality of communication systems providing communication service in a geographical area (abstract; the mobile station maintains a RAT preference rule that includes a prioritized list of one or more PLMN/RAT combinations (i.e., priority communication systems)); and in the case the type of the first radio cell corresponds to the priority communication system, carry out an access procedure to the first radio cell (abstract; p. [0042]; the MS determines a priority of the detected PLMN/RAT combinations, and selects the highest priority or most preferred PLMN/RAT to establish a wireless connection). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Wang with the teachings of Bai, since such a modification would allow for evaluating the priority of the detected RAT to establish a connection with the highest-priority system, thus ensuring quality of service. Regarding claim 14, the combination of Wang and Bai disclose the apparatus according to claim 13, Wang discloses wherein the indication is for at least one frequency position of a synchronization block for system acquisition (p. [0049]; the timing and/or frequency parameters may provide an indication of the timing and/or location of a SSS for the associated RAT), the indication being informed by a secondary synchronization signal common for the plurality of communication systems (p. [0049]-[0050]; the timing and/or frequency parameters may provide an indication of the timing and/or location of a SSS (i.e., secondary synchronization signal) for the associated RAT). Regarding claim 15, the combination of Wang and Bai disclose the apparatus according to claim 13, Wang discloses wherein the indication is a secondary synchronization signal specific to the priority communication system (p. [0050]-[0051]; the SSS may include or convey an identification (i.e., indication) of the associated RAT (i.e., communication system)). Regarding claim 16, the combination of Wang and Bai disclose the apparatus according to claim 13, Wang discloses wherein the indication is a secondary synchronization signal specific to the priority communication system (p. [0050]; the SSS may include or convey identification of the associate RAT), and wherein the secondary synchronization signal specific to the priority communication system is specific by a distinctive time and/or frequency domain location (p. [0050]; the periodicity (i.e., timing) may be different for the plurality of RATs, the periodicity may convey an indication of the identity of the associated RAT) . Regarding claim 17, the combination of Wang and Bai disclose the apparatus according to claim 13, Wang discloses wherein the indication is a secondary synchronization signal specific to the priority communication system (p. [0051]; the SSS may include an information element that identifies the associated RAT (i.e., communication system)), and wherein the secondary synchronization signal specific to the priority communication system is specific by a distinctive sequence (p. [0051]; the SSS may include a sequence number that identifies the RAT, in some examples, include a modulation scheme, different RATs may use different modulation schemes). Regarding claim 19, the combination of Wang and Bai disclose the apparatus according to claim 13, Wang discloses further comprising being caused to: in the case the type of the first radio cell does not correspond to the priority communication system and the apparatus is capable of accessing the first radio cell, carry out the access procedure to the first radio cell (p. [0053]; the UE may identify the RAT associated with the multi-RAT PSS and SSS, and therefore perform wireless communications on the channels of the identified RAT). Regarding claim 20, the combination of Wang and Bai disclose the apparatus according to claim 13, Wang discloses further comprising being caused to, in the case the type of the first radio cell does not correspond to the priority communication system and the apparatus is capable of accessing the first radio cell, carry out the access procedure to the first radio cell, and prior to the access procedure to the first radio cell, monitor for a signal specific to the priority communication system (p. [0053]; the UE may identify the RAT associated with the multi-RAT PSS and SSS, and therefore perform wireless communications on the channels of the identified RAT). Regarding claim 22, Harada discloses a method comprising: carrying out a first cell search by monitoring for a first synchronization signal shared by the plurality of communication systems (abstract; Fig. 2, step 210; p. [0046], [0048], [0070]-[0071]; the wireless communication system may support a common synchronization signal that is shared or common among multiple RATs, i.e., multi-RAT PSS; the UE may decode the multi-RAT PSS received from the base station); in response to detecting the first synchronization signal, monitor for an indication for determining a type of a first radio cell found in the first cell search (Fig. 2, step 215, 225; p. [0050]-[0053], [0073]; the UE decodes the SSS, the periodicity of the SSS may convey an indication of the associated RAT (i.e., type of RAT of base station), the UE identify the RAT associated with the multi-RAT PSS based on the decoded SSS). But, Wang does not particularly disclose to determining a priority communication system among a plurality of communication systems providing communication service in a geographical area; and in the case the type of the first radio cell corresponds to the priority communication system, carrying out an access procedure to the first radio cell. However, Bai teaches to determining a priority communication system among a plurality of communication systems providing communication service in a geographical area (abstract; the mobile station maintains a RAT preference rule that includes a prioritized list of one or more PLMN/RAT combinations (i.e., priority communication systems)); and in the case the type of the first radio cell corresponds to the priority communication system, carrying out an access procedure to the first radio cell (abstract; p. [0042]; the MS determines a priority of the detected PLMN/RAT combinations, and selects the highest priority or most preferred PLMN/RAT to establish a wireless connection). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Wang with the teachings of Bai, since such a modification would allow for evaluating the priority of the detected RAT to establish a connection with the highest-priority system, thus ensuring quality of service. Regarding claim 23, Harada discloses a computer program (p. [0077]) comprising instructions which, when executed by an apparatus (Fig. 6; i.e., User Equipment UE), cause the apparatus to perform at least the following: carrying out a first cell search by monitoring for a first synchronization signal shared by the plurality of communication systems (abstract; Fig. 2, step 210; p. [0046], [0048], [0070]-[0071]; the wireless communication system may support a common synchronization signal that is shared or common among multiple RATs, i.e., multi-RAT PSS; the UE may decode the multi-RAT PSS received from the base station); in response to detecting the first synchronization signal, monitor for an indication for determining a type of a first radio cell found in the first cell search (Fig. 2, step 215, 225; p. [0050]-[0053], [0073]; the UE decodes the SSS, the periodicity of the SSS may convey an indication of the associated RAT (i.e., type of RAT of base station), the UE identify the RAT associated with the multi-RAT PSS based on the decoded SSS). But, Wang does not particularly disclose to determining a priority communication system among a plurality of communication systems providing communication service in a geographical area; and in the case the type of the first radio cell corresponds to the priority communication system, carrying out an access procedure to the first radio cell. However, Bai teaches to determine a priority communication system among a plurality of communication systems providing communication service in a geographical area (abstract; the mobile station maintains a RAT preference rule that includes a prioritized list of one or more PLMN/RAT combinations (i.e., priority communication systems)); and in the case the type of the first radio cell corresponds to the priority communication system, carry out an access procedure to the first radio cell (abstract; p. [0042]; the MS determines a priority of the detected PLMN/RAT combinations, and selects the highest priority or most preferred PLMN/RAT to establish a wireless connection). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Wang with the teachings of Bai, since such a modification would allow for evaluating the priority of the detected RAT to establish a connection with the highest-priority system, thus ensuring quality of service. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over WANG et al. in views of BAI et al., and XU et al. (US 2013/0286965). Regarding claim 18, the combination of Wang and Bai disclose the apparatus according to claim 13, but does not particularly disclose wherein the indication is a tertiary synchronization signal specific to the priority communication system. However, Xu teaches wherein the indication is a tertiary synchronization signal specific to the priority communication system (p. [0172]; Xu teaches that tertiary synchronization signals are unique signal that may be used for identification of radio nodes). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Wang and Bai with the teachings of Xu, since tertiary synchronization signals are unique signal that may be used for identification of radio nodes. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over WANG et al. in views of BAI et al., and CHOE et al. (US 2020/0267640). Regarding claim 21, the combination of Wang and Bai disclose the apparatus according to claim 13, but does not particularly disclose further comprising being caused to: in the case the type of the first radio cell does not correspond to the priority communication system and the apparatus is not capable of accessing the first radio cell, carry out at least one second cell search for finding a radio cell of the priority communication system. However, Choe teaches in the case the type of the first radio cell does not correspond to the priority communication system and the apparatus is not capable of accessing the first radio cell, carry out at least one second cell search for finding a radio cell of the priority communication system (p. [0131], [0183], [0184], [0199]; if the UE does not find a suitable cell, the UE may perform a cell selection). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Wang and Bai with the teachings of Choe, since such a modification would allow the UE to regularly search for a better cell. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISOL FIGUEROA whose telephone number is (571)272-7840. The examiner can normally be reached Mon-Thurs 8:00am-4:30pm. 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, Jinsong Hu can be reached at 571-272-3965. 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. /MARISOL FIGUEROA/ Primary Examiner Art Unit 2643
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Prosecution Timeline

Sep 13, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §101, §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
80%
Grant Probability
82%
With Interview (+2.6%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 729 resolved cases by this examiner. Grant probability derived from career allowance rate.

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