Prosecution Insights
Last updated: October 02, 2026
Application No. 18/857,928

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §102
Filed
Oct 18, 2024
Priority
Apr 22, 2022 — nonprovisional of PCTCN2022088428
Examiner
PHUNG, LUAT
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 8m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
467 granted / 612 resolved
+16.3% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
37 currently pending
Career history
656
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 612 resolved cases

Office Action

§102
DETAILED ACTION This action is in response to the application filed on 18 October 2024. Claims 21-24 are under examination. 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 . Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 102 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. 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)(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. Claims 21-24 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Wang et al. (US 2024/0365177 A1). Regarding claim 21, Wang discloses a method by a user equipment comprising: receiving, from a network device, a message comprising a multicast configuration for multicast reception; and initiating a random access for the multicast reception, wherein the random access is initiated after cell reselection in a case where the user equipment is in an inactive state, or the random access is initiated in a case where the user equipment is in the inactive state and signal quality of a channel between the user equipment and the network device is below a threshold. In particular, Wang discloses a terminal device receiving multicast MBS configuration information from a network device and receiving multicast MBS based on the configuration information (Wang ¶¶[0005]-[0007], [0041]). Wang expressly addresses reception of multicast MBS by a terminal in RRC_INACTIVE and obtaining target-cell MBS configuration following cell selection/reselection (Wang ¶¶[0045]-[0049], [0061]). Wang further discloses an embodiment in which a UE in RRC_INACTIVE needs to update its multicast MBS configuration because of cell reselection and therefore initiates an RRC recovery procedure (Wang ¶[0109]). The UE initiates random access by transmitting a preamble, receives a random access response, and transmits an RRC recovery request indicating that MBS configuration is to be updated (Wang ¶¶[0110]-[0114]). The network determines that the RRC recovery is performed for updating the MBS configuration due to cell reselection (Wang ¶[0115]). The network subsequently transmits updated multicast MBS configuration information, which the UE uses to receive the multicast MBS while remaining in RRC_INACTIVE (Wang ¶¶[0117]-[0118]). Thus, Wang discloses initiating random access after cell reselection while the UE is in an inactive state for purposes of multicast reception. Because the claim recites the two random-access conditions in the alternative, disclosure of the cell-reselection alternative satisfies the limitation. Regarding claim 22, Wang further discloses wherein the message is a Radio Resource Control (RRC) release message. Wang expressly discloses that the network device transmits an RRC Release message carrying updated multicast MBS configuration information to the terminal device, after which the terminal remains in RRC_INACTIVE and receives multicast MBS based on the updated configuration (Wang ¶¶[0117]-[0118]). Regarding claim 23, Wang further discloses wherein the random access is initiated in a case where the multicast configuration is not available in a cell reselected in the cell reselection. Wang discloses determining whether MBS configuration information corresponding to the target/reselected cell is available and, when the terminal does not have the MBS configuration information corresponding to the target cell, initiating the RRC recovery procedure to obtain the applicable MBS configuration information (Wang ¶[0174]). Wang further discloses that the RRC recovery procedure is initiated through random access, including transmission of a preamble and receipt of a random access response (Wang ¶¶[0054]-[0056], [0110]-[0112]). Thus, Wang discloses initiating random access when the multicast configuration is unavailable for the reselected cell. Regarding claim 24, Wang discloses a user equipment comprising: at least one memory; and at least one hardware processor coupled to the at least one memory, wherein the at least one hardware processor is configured to: receive, from a network device, a message comprising a multicast configuration for multicast reception; and initiate a random access for the multicast reception, wherein the random access is initiated after cell reselection in a case where the user equipment is in an inactive state, or the random access is initiated in a case where the user equipment is in the inactive state and signal quality of a channel between the user equipment and the network device is below a threshold. Wang discloses a terminal device having a processor and memory configured to perform the disclosed MBS configuration and reception procedures (Wang ¶[0006]). Wang further discloses the same RRC_INACTIVE cell-reselection, multicast-MBS-configuration update, and random-access procedure discussed above with respect to claim 21 (Wang ¶¶[0061], [0109]-[0118]). Accordingly, claim 24 is anticipated for substantially the same reasons set forth above with respect to claim 21. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure (see form 892). Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAT PHUNG whose telephone number is (571)270-3126. The examiner can normally be reached on M-Th 7:30 AM - 6:30 PM. 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, Marcus Smith can be reached on 571-27. 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. /Luat Phung/ Primary Examiner, Art Unit 2468
Read full office action

Prosecution Timeline

Oct 18, 2024
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12744572
TECHNIQUES FOR REPORTING CHANNEL STATE INFORMATION BASED ON A REPORT SIZE
4y 3m to grant Granted Sep 22, 2026
Patent 12732315
DIGITAL BEAMFORMING BASED ON UNIQUE PRE-DISCRETE FOURIER TRANSFORM SPREADING SEQUENCES
2y 9m to grant Granted Sep 08, 2026
Patent 12707487
RELIABILITY ENHANCEMENT IN DISTRIBUTED SYSTEM
3y 11m to grant Granted Aug 11, 2026
Patent 12666470
USER EQUIPMENT IDENTIFICATION IN EDGE COMMUNICATIONS ARCHITECTURE
3y 5m to grant Granted Jun 23, 2026
Patent 12647232
WIRELESS DEVICE, NETWORK NODE, AND METHODS PERFORMED THEREBY, FOR FREQUENCY ALLOCATIONS OF SOUNDING REFERENCE SIGNALS
3y 6m to grant Granted Jun 02, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+11.9%)
3y 8m (~1y 8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 612 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month