Prosecution Insights
Last updated: August 18, 2026
Application No. 18/888,296

METHOD, APPARATUS AND COMPUTER PROGRAM

Non-Final OA §102§103§DOUBLEPATENT
Filed
Sep 18, 2024
Priority
Sep 27, 2023 — GB 2314828.1
Examiner
NGUYEN, LIEM HONG
Art Unit
Tech Center
Assignee
Nokia Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
172 granted / 237 resolved
+12.6% vs TC avg
Strong +23% interview lift
Without
With
+23.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
264
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 237 resolved cases

Office Action

§102 §103 §DOUBLEPATENT
DETAILED ACTION This communication is responsive to Application No. #18/888,296 filed on September 18, 2024. Claims 1-20 are subject to 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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1, 10, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, and 17, respectively, of U.S. Patent No. 12,483,945. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of each other. Independent claims 10 and 19 recite similar features to independent claim 1; the compared table below (i.e. underlined claim elements) shows only example (sample) of how claim 1 is anticipated and mapped by claims such as claim 1 of the U.S. Patent No. 12,483,945. Instant Application No. 18888296 U.S. Patent No. 12,483,945 An apparatus comprising at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: receive, on a source cell, a radio resource control configuration for at least one candidate cell, wherein the radio resource control configuration for the at least one candidate cell includes first configuration information for performing at least one measurement for the at least one candidate cell and second configuration information for switching from a source cell to the at least one candidate cell; decode the first configuration information; perform the at least one measurement for the at least one candidate cell based on the first configuration information; transmit, on the source cell, a measurement report comprising at least one result of the at least one measurement; receive, on the source cell, a message triggering the apparatus to decode the second configuration information; decode the second configuration information; receive, on the source cell, a command to switch the apparatus from the source cell to a target cell selected amongst the at least one candidate cell; or switch from the source cell to the target cell based on the second configuration information. An apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: receive, on a source cell, a radio resource control configuration for at least one candidate cell, wherein the radio resource control configuration for the at least one candidate cell includes first configuration information for performing at least one measurement for the at least one candidate cell and second configuration information for switching from a source cell to the at least one candidate cell; decode the first configuration information; perform the at least one measurement for the at least one candidate cell based on the first configuration information; transmit, on the source cell, a measurement report comprising at least one result of the at least one measurement; receive, on the source cell, a message triggering the apparatus to decode the second configuration information; decode the second configuration information; receive, on the source cell, a command to switch the apparatus from the source cell to a target cell selected amongst the at least one candidate cell; switch from the source cell to the target cell based on the second configuration information; determine a delay to transmit on the target cell from the reception of the command to switch the apparatus from the source cell to the target cell, wherein the delay comprises a component accounting for decoding the second configuration information subsequent to the reception of the command set to zero; and transmit, on the target cell, within the delay. Title Objection The title of the application is objected to under 37 CFR 1.153 because it does not designate the particular article, and as well as not corresponding to the claim inventions. The title of the instant application shall be technically more accurate and descriptive. An appropriate correction is required. 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 1-4, 7-13, and 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fasil Abdul Latheef et.al. (US Patent Application Publication, 20250294417 (Provisional Application 63456247), hereinafter, “Latheef”). Regarding claim 1, Latheef teaches: An apparatus comprising at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to (Latheef: [0220] FIG. 15 illustrates an example of a wireless device 1502 … [0226] … the processing system 1518 may be associated with … a memory 1524 … memory 1524 (e.g., one or more non-transitory computer readable mediums) may store computer program instructions or code that may be executed by … the processing system 1518 to carry out one or more of the functionalities discussed in the present application... Fig. 15): receive, on a source cell, a radio resource control configuration for at least one candidate cell, wherein the radio resource control configuration for the at least one candidate cell includes first configuration information for performing at least one measurement for the at least one candidate cell and second configuration information for switching from a source cell to the at least one candidate cell (Latheef: [0515] In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 30) and before the early TA procedure, the base station may transmit to the wireless device an RRC reconfiguration messages comprising LTM configuration [i.e., first configuration information], the LTM configuration may comprise one or more configuration of one or more candidate target cell configured for LTM. For example, each of the one or more configurations is associated with or indicate a respective candidate target cell for LTM. each configuration, of the one or more configurations, may comprise an RRC reconfiguration comprising cell group configuration IE of the base station, and/or SpCell configuration IE of the candidate target cell (e.g., a candidate target PCell/SCells of the base station). [0516] In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 30) and before the early TA acquisition procedure, the base station may configure to the wireless device a LTM (e.g., for PCell switching/changing, mobility, etc.) procedure [i.e., second configuration information] different from a normal HO procedure (e.g., as shown in FIG. 20 and/or a CHO procedure (e.g., as shown in FIG. 23, by comprising a LTM configuration in a RRC reconfiguration message) … [0513] ... In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 32) and before the early TA acquisition (ETA) procedure, the network (e.g., a base station, a source base station) may configure the wireless device to perform measurement reporting (possibly including the configuration of measurement gaps) for a plurality of neighbor cells (e.g., Cell 1 from a candidate DU, Cell 2 from a serving DU, etc.).... Fig. 32); decode the first configuration information (Latheef: [0538] In the example of FIG. 32, the wireless device, according to the received RRC reconfiguration message comprising a LTM configuration of a list of candidate target cell(s), may perform ... Fig. 3); perform the at least one measurement for the at least one candidate cell based on the first configuration information (Latheef: [0538] In the example of FIG. 32, the wireless device, according to the received RRC reconfiguration message comprising a LTM configuration of a list of candidate target cell(s), may perform L1/L2 measurement report (CSI/beam) for the list of candidate target cell(s) (e.g., PCell) and/or the current serving PCell. The L1/L2 measurement report may comprise layer 1 RSRP, layer 1 RSRQ, PMI, RI, layer 1 SINR, CQI, etc. In an example, a wireless device may trigger the L1/L2 measurement report when the measurement of the CSI/beam of a candidate target cell is greater than a threshold, or (amount of offset) larger than measurement of the CSI/beam of the current serving Pcell ... Fig. 32); transmit, on the source cell, a measurement report comprising at least one result of the at least one measurement (Latheef: [0538] ... In an example, a wireless device may transmit the L1/L2 measurement report with a periodicity configured by the base station.. Fig. 32); receive, on the source cell, a message triggering the apparatus to decode the second configuration information; decode the second configuration information (Latheef: [0518] In the example of FIG. 32, the wireless device may transmit a reference signal (e.g., PRACH occasion, preamble or SRS) to the candidate target cell of a candidate DU. For example, the wireless device may transmit the reference signal to the candidate target cell based on receiving a first L1/L2 signal [i.e., triggering message] as shown in FIG. 32 ... Fig. 32); receive, on the source cell, a command to switch the apparatus from the source cell to a target cell selected amongst the at least one candidate cell (Latheef: [0529] In the example of FIG. 32, (e.g., as the first type of ETA), the wireless device may receive a second L1/L2 signal/command (e.g., 2nd L1/L2 signal in FIG. 32) indicating to perform LTM and/or cell switch to the candidate target cell ... Fig. 32); or switch from the source cell to the target cell based on the second configuration information (Latheef: [0530] ... Based on receiving the second L1/L2 signal/command, the wireless device may switch the PCell from the serving cell of the serving DU to the candidate target cell of the candidate DU and transmit PUSCH/PUCCH via the candidate target cell of the candidate DU based on the TA. Fig. 32). Regarding claim 10, Latheef teaches: A method comprising (Latheef: [0220] FIG. 15 illustrates an example of a wireless device 1502 … [0226] … the processing system 1518 may be associated with … a memory 1524 … memory 1524 (e.g., one or more non-transitory computer readable mediums) may store computer program instructions or code that may be executed by … the processing system 1518 to carry out one or more of the functionalities discussed in the present application... Fig. 15): receiving, on a source cell, a radio resource control configuration for at least one candidate cell, wherein the radio resource control configuration for the at least one candidate cell includes first configuration information for performing at least one measurement for the at least one candidate cell and second configuration information for switching from a source cell to the at least one candidate cell (Latheef: [0515] In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 30) and before the early TA procedure, the base station may transmit to the wireless device an RRC reconfiguration messages comprising LTM configuration [i.e., first configuration information], the LTM configuration may comprise one or more configuration of one or more candidate target cell configured for LTM. For example, each of the one or more configurations is associated with or indicate a respective candidate target cell for LTM. each configuration, of the one or more configurations, may comprise an RRC reconfiguration comprising cell group configuration IE of the base station, and/or SpCell configuration IE of the candidate target cell (e.g., a candidate target PCell/SCells of the base station). [0516] In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 30) and before the early TA acquisition procedure, the base station may configure to the wireless device a LTM (e.g., for PCell switching/changing, mobility, etc.) procedure [i.e., second configuration information] different from a normal HO procedure (e.g., as shown in FIG. 20 and/or a CHO procedure (e.g., as shown in FIG. 23, by comprising a LTM configuration in a RRC reconfiguration message) … [0513] ... In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 32) and before the early TA acquisition (ETA) procedure, the network (e.g., a base station, a source base station) may configure the wireless device to perform measurement reporting (possibly including the configuration of measurement gaps) for a plurality of neighbor cells (e.g., Cell 1 from a candidate DU, Cell 2 from a serving DU, etc.).... Fig. 32); decoding the first configuration information (Latheef: [0538] In the example of FIG. 32, the wireless device, according to the received RRC reconfiguration message comprising a LTM configuration of a list of candidate target cell(s), may perform ... Fig. 3); performing the at least one measurement for the at least one candidate cell based on the first configuration information (Latheef: [0538] In the example of FIG. 32, the wireless device, according to the received RRC reconfiguration message comprising a LTM configuration of a list of candidate target cell(s), may perform L1/L2 measurement report (CSI/beam) for the list of candidate target cell(s) (e.g., PCell) and/or the current serving PCell. The L1/L2 measurement report may comprise layer 1 RSRP, layer 1 RSRQ, PMI, RI, layer 1 SINR, CQI, etc. In an example, a wireless device may trigger the L1/L2 measurement report when the measurement of the CSI/beam of a candidate target cell is greater than a threshold, or (amount of offset) larger than measurement of the CSI/beam of the current serving Pcell ... Fig. 32); transmitting, on the source cell, a measurement report comprising at least one result of the at least one measurement (Latheef: [0538] ... In an example, a wireless device may transmit the L1/L2 measurement report with a periodicity configured by the base station.. Fig. 32); receiving, on the source cell, a message triggering the apparatus to decode the second configuration information; decoding the second configuration information (Latheef: [0518] In the example of FIG. 32, the wireless device may transmit a reference signal (e.g., PRACH occasion, preamble or SRS) to the candidate target cell of a candidate DU. For example, the wireless device may transmit the reference signal to the candidate target cell based on receiving a first L1/L2 signal [i.e., triggering message] as shown in FIG. 32 ... Fig. 32); receiving, on the source cell, a command to switch the apparatus from the source cell to a target cell selected amongst the at least one candidate cell (Latheef: [0529] In the example of FIG. 32, (e.g., as the first type of ETA), the wireless device may receive a second L1/L2 signal/command (e.g., 2nd L1/L2 signal in FIG. 32) indicating to perform LTM and/or cell switch to the candidate target cell ... Fig. 32); and switching from the source cell to the target cell based on the second configuration information (Latheef: [0530] ... Based on receiving the second L1/L2 signal/command, the wireless device may switch the PCell from the serving cell of the serving DU to the candidate target cell of the candidate DU and transmit PUSCH/PUCCH via the candidate target cell of the candidate DU based on the TA. Fig. 32). Regarding claim 19, Latheef teaches: A non-transitory computer readable medium comprising program instructions that, when executed by an apparatus, cause the apparatus to perform at least (Latheef: [0220] FIG. 15 illustrates an example of a wireless device 1502 … [0226] … the processing system 1518 may be associated with … a memory 1524 … memory 1524 (e.g., one or more non-transitory computer readable mediums) may store computer program instructions or code that may be executed by … the processing system 1518 to carry out one or more of the functionalities discussed in the present application... Fig. 15): receiving, on a source cell, a radio resource control configuration for at least one candidate cell, wherein the radio resource control configuration for the at least one candidate cell includes first configuration information for performing at least one measurement for the at least one candidate cell and second configuration information for switching from a source cell to the at least one candidate cell (Latheef: [0515] In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 30) and before the early TA procedure, the base station may transmit to the wireless device an RRC reconfiguration messages comprising LTM configuration [i.e., first configuration information], the LTM configuration may comprise one or more configuration of one or more candidate target cell configured for LTM. For example, each of the one or more configurations is associated with or indicate a respective candidate target cell for LTM. each configuration, of the one or more configurations, may comprise an RRC reconfiguration comprising cell group configuration IE of the base station, and/or SpCell configuration IE of the candidate target cell (e.g., a candidate target PCell/SCells of the base station). [0516] In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 30) and before the early TA acquisition procedure, the base station may configure to the wireless device a LTM (e.g., for PCell switching/changing, mobility, etc.) procedure [i.e., second configuration information] different from a normal HO procedure (e.g., as shown in FIG. 20 and/or a CHO procedure (e.g., as shown in FIG. 23, by comprising a LTM configuration in a RRC reconfiguration message) … [0513] ... In an example, in FIG. 32, according to example disclosure in the present disclosure (e.g., in FIG. 32) and before the early TA acquisition (ETA) procedure, the network (e.g., a base station, a source base station) may configure the wireless device to perform measurement reporting (possibly including the configuration of measurement gaps) for a plurality of neighbor cells (e.g., Cell 1 from a candidate DU, Cell 2 from a serving DU, etc.).... Fig. 32); decoding the first configuration information (Latheef: [0538] In the example of FIG. 32, the wireless device, according to the received RRC reconfiguration message comprising a LTM configuration of a list of candidate target cell(s), may perform ... Fig. 3); performing the at least one measurement for the at least one candidate cell based on the first configuration information (Latheef: [0538] In the example of FIG. 32, the wireless device, according to the received RRC reconfiguration message comprising a LTM configuration of a list of candidate target cell(s), may perform L1/L2 measurement report (CSI/beam) for the list of candidate target cell(s) (e.g., PCell) and/or the current serving PCell. The L1/L2 measurement report may comprise layer 1 RSRP, layer 1 RSRQ, PMI, RI, layer 1 SINR, CQI, etc. In an example, a wireless device may trigger the L1/L2 measurement report when the measurement of the CSI/beam of a candidate target cell is greater than a threshold, or (amount of offset) larger than measurement of the CSI/beam of the current serving Pcell ... Fig. 32); transmitting, on the source cell, a measurement report comprising at least one result of the at least one measurement (Latheef: [0538] ... In an example, a wireless device may transmit the L1/L2 measurement report with a periodicity configured by the base station.. Fig. 32); receiving, on the source cell, a message triggering the apparatus to decode the second configuration information; decoding the second configuration information (Latheef: [0518] In the example of FIG. 32, the wireless device may transmit a reference signal (e.g., PRACH occasion, preamble or SRS) to the candidate target cell of a candidate DU. For example, the wireless device may transmit the reference signal to the candidate target cell based on receiving a first L1/L2 signal [i.e., triggering message] as shown in FIG. 32 ... Fig. 32); receiving, on the source cell, a command to switch the apparatus from the source cell to a target cell selected amongst the at least one candidate cell (Latheef: [0529] In the example of FIG. 32, (e.g., as the first type of ETA), the wireless device may receive a second L1/L2 signal/command (e.g., 2nd L1/L2 signal in FIG. 32) indicating to perform LTM and/or cell switch to the candidate target cell ... Fig. 32); or switching from the source cell to the target cell based on the second configuration information (Latheef: [0530] ... Based on receiving the second L1/L2 signal/command, the wireless device may switch the PCell from the serving cell of the serving DU to the candidate target cell of the candidate DU and transmit PUSCH/PUCCH via the candidate target cell of the candidate DU based on the TA. Fig. 32). Regarding claims 2, 11, and 20, Latheef discloses on the features with respect to claims 1, 10, and 19 as outlined above. Latheef further teaches: wherein the message comprises: a request to perform timing advance acquisition for the at least one candidate cell (Latheef: [0518] In the example of FIG. 32, the wireless device may transmit a reference signal (e.g., PRACH occasion, preamble or SRS) to the candidate target cell of a candidate DU. For example, the wireless device may transmit the reference signal to the candidate target cell based on receiving a first L1/L2 signal as shown in FIG. 32 … The candidate DU may monitor uplink transmission occasion (e.g., the PRACH occasion) for receiving the reference signal, from the wireless device. The candidate DU may determine and/or estimate a TA to be used by the wireless device for future uplink transmission in the candidate target cell, e.g., after the wireless device successfully completes LTM (e.g., a handover or cell switch) (e.g., based on successful access/transmission to the candidate target cell) … [0524] In the example of FIG. 32, determining/acquiring a TA value of a candidate target cell before executing LTM to the candidate target cell is referred to as an early TA acquisition (ETA) procedure ... Fig. 32). Regarding claims 3 and 12, Latheef discloses on the features with respect to claims 2 and 11 as outlined above. Latheef further teaches: wherein the request is a physical downlink control channel order configured to cause the apparatus to transmit a preamble on a physical random access channel of the at least one candidate cell (Latheef: [0518] In the example of FIG. 32, the wireless device may transmit a reference signal (e.g., … preamble …) to the candidate target cell of a candidate DU … The candidate DU may monitor uplink transmission occasion (e.g., the PRACH occasion) for receiving the reference signal, from the wireless device. The candidate DU may determine and/or estimate a TA to be used by the wireless device for future uplink transmission in the candidate target cell, e.g., after the wireless device successfully completes LTM (e.g., a handover or cell switch) (e.g., based on successful access/transmission to the candidate target cell) ... [0525] In the example of FIG. 32, the first L1/L2 signal may be DCI for PDCCH order ... Fig. 32). Regarding claims 4 and 13, Latheef discloses on the features with respect to claims 2 and 10 as outlined above. Latheef further teaches: perform timing advance acquisition for the at least one candidate cell (Latheef: [0518] In the example of FIG. 32, the wireless device may transmit a reference signal (e.g., … preamble …) to the candidate target cell of a candidate DU … The candidate DU may monitor uplink transmission occasion (e.g., the PRACH occasion) for receiving the reference signal, from the wireless device. The candidate DU may determine and/or estimate a TA to be used by the wireless device for future uplink transmission in the candidate target cell, e.g., after the wireless device successfully completes LTM (e.g., a handover or cell switch) (e.g., based on successful access/transmission to the candidate target cell) … [0525] … the type 1 and the type 2 may be referred to as PDCCH based RACH for TA measurement. In an example, an ETA of a wireless device may be referred to as and/or interchangeable with acquiring, by a wireless device, a TA associated with a cell before performing, by the wireless device a handover to the cell and/or the like. Fig. 32. Regarding claims 7 and 16, Latheef discloses on the features with respect to claims 1 and 10 as outlined above. Latheef further teaches: determine a delay to transmit on the target cell from the reception of the command to switch the apparatus from the source cell to the target cell (Latheef: [0506] In an example of FIG. 31B, the wireless device may receive an L1/L2 signal indicating cell switch (e.g., a PCell switching), e.g., after receiving the RRC reconfiguration message. In response to receiving the layer 1/2 signal indicating the cell switch, the wireless device may perform DL synchronization and/or UL synchronization. After completing the DL/UL synchronization, the wireless device may receive a TCI state indication of the new PCell for PDCCH/PDSCH reception and/or PUCCH/PUSCH transmission via the new PCell. ... The latency for HO to the new PCell in this case comprises DL synchronization, UL synchronization, and TCI state indication and/or application. Fig. 31B), wherein the delay comprises a component accounting for decoding the second configuration information subsequent to the reception of the command set to zero (Latheef: [0506] ... When the wireless device supports the UE reconfiguration after receiving the RRC reconfiguration message, the UE reconfiguration may be conducted upon receiving the RRC reconfiguration message, rather than after completing the DL/UL synchronization [i.e., RRC reconfiguration/UE reconfiguration is performed before receiving the cell switch command, hence the UE reconfiguration delay is zero after receiving the switching command] ... Fig. 31B); and transmit, on the target cell, within the delay (Latheef: [0530] ... Based on receiving the second L1/L2 signal/command, the wireless device may switch the PCell from the serving cell of the serving DU to the candidate target cell of the candidate DU and transmit PUSCH/PUCCH via the candidate target cell of the candidate DU based on the TA. Fig. 32. Regarding claims 8 and 17, Latheef discloses on the features with respect to claims 1 and 10 as outlined above. Latheef further teaches: transmit data on a physical uplink shared channel of the target cell; transmit control on a physical uplink control channel of the target cell (Latheef: [0530] ... Based on receiving the second L1/L2 signal/command, the wireless device may switch the PCell from the serving cell of the serving DU to the candidate target cell of the candidate DU and transmit PUSCH/PUCCH via the candidate target cell of the candidate DU based on the TA. Fig. 32). Regarding claims 9 and 18, Latheef discloses on the features with respect to claims 7 and 16 as outlined above. Latheef further teaches: wherein the delay further comprises at least one of: a component accounting for waiting for a physical random access channel resource on the target cell (Latheef: [0504] ... The wireless device may spend around 20 ms for uplink (UL) synchronization comprising a first time period of an interruption uncertainty (TIU) in acquiring a first available PRACH occasion for a preamble transmission in the target cell, a second time period used for PRACH transmission, a third time period (4 ms in FIG. 31A) for monitoring PDCCH for receiving a RAR corresponding to the preamble transmission, and/or receiving/decoding the RA ... Figs. 31A, 31B). Claim Rejections - 35 USC § 103 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 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 5-6 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fasil Abdul Latheef et.al. (US Patent Application Publication, 20250294417 (Provisional Application 63456247), hereinafter, “Latheef”) in view of Agiwal (US Patent Application Publication, 20250097989 (Provisional Application 63539256), hereinafter, “Agiwal”). Regarding claims 5 and 14, Latheef discloses on the features with respect to claims 1 and 10 as outlined above. Latheef does not explicitly teach: wherein the message comprises: a request to add at least one transmission configuration information state for the at least one candidate cell to a list of active transmission configuration information states. However, in the same field of endeavor, Agiwal teaches: wherein the message comprises: a request to add at least one transmission configuration information state for the at least one candidate cell to a list of active transmission configuration information states (Agiwal: [0109] … At step 610, gNB (or base station) 604 of Cell A provides an LTM configuration of candidate Cell B to UE 602. Cell A is a serving cell. The LTM configuration of candidate Cell B includes a configuration of Cell B to be applied in case an LTM cell switch procedure is executed to Cell B. This configuration can be signaled by including an RRCReconfiguration IE for the candidate Cell in the LTM configuration ... The LTM configuration of candidate Cell B may include a list of TCI states. Each TCI state may be associated with a RS (e.g., SSB or CSI RS or TRS) ... Fig. 6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Latheef to include the features as taught by Agiwal above in order to provide lower layer mobility in wireless communications systems. (Agiwal, ¶ [0005]). Regarding claims 6 and 15, Latheef-Agiwal discloses on the features with respect to claims 5 and 14 as outlined above. Agiwal further teaches: add the at least one transmission configuration information state to the list of active transmission configuration information states (Agiwal: [0112] At step 625, gNB (or base station) 604 of Cell A decides to execute a cell switch to a target cell B and at step 630, transmits a MAC CE (or DCI) triggering the cell switch by including the candidate configuration index of the target cell i.e., Cell B (at step 610 UE 602 may receive an LTM configuration of multiple candidate cells and each configuration is identified by a candidate configuration index). The cell switch command (MAC CE/DCI) may include a TCI state, TA, etc. At step 635, gNB (or base station) 604 of Cell A provides the cell switch info such as TCI state to target Cell B or to the gNB (or base station) 606 of target cell B. Fig. 6). The rationale and motivation for adding this teaching of Agiwal is the same as the rationale and motivation for claims 5 and 14. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIEM H NGUYEN whose telephone number is (408) 918-7636. The examiner can normally be reached on Monday-Friday, 8:30AM-5:00PM PT. 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, Noel Beharry can be reached on (571) 270-5630. 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. /LIEM H. NGUYEN/Primary Examiner, Art Unit 2416
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Prosecution Timeline

Sep 18, 2024
Application Filed
Jul 23, 2026
Non-Final Rejection mailed — §102, §103, §DOUBLEPATENT (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
73%
Grant Probability
96%
With Interview (+23.3%)
2y 10m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 237 resolved cases by this examiner. Grant probability derived from career allowance rate.

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