Prosecution Insights
Last updated: August 17, 2026
Application No. 18/979,077

METHOD AND APPARATUS FOR SWITCHING COMMUNICATION STATE, AND TERMINAL DEVICE

Non-Final OA §102§103§112
Filed
Dec 12, 2024
Priority
Jun 15, 2022 — continuation of PCTCN2022098994
Examiner
GHULAMALI, QUTBUDDIN
Art Unit
Tech Center
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
930 granted / 1092 resolved
+25.2% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
19 currently pending
Career history
1109
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1092 resolved cases

Office Action

§102 §103 §112
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 . Status of Claims The following is a non-final, first action on the merits, in response to application filed December 12, 2024. Claims 1-20, are currently pending. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 12/12/2024, 06/08/2026, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 (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. 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. Claim(s) 1, 2, 5, 6, 9, 13-14, 16, 19, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ang et al (hereinafter Ang) (US 2016/0128128, IDS). Regarding claims 1, 13, Ang discloses a method (device) for switching a communication state, comprising: switching, by a terminal device, based on a first triggering condition, a first communication device from a first communication state to a second communication state, or switching, by the terminal device, based on a second triggering condition, the first communication device from the second communication state to the first communication state; wherein the terminal device is able to receive control information from a network device through the second communication device, and control a communication state of the first communication device based on the control information. For instance Ang discloses UE 110 may have a primary receiver and a secondary receiver, may place the primary receiver in a low power state (e.g., powered off or inactive) while operating in a DRX mode, and may use the secondary receiver to monitor for signaling indicating that the UE should take the primary receiver out of the low power state (e.g., by powering-up or activating the primary receiver (para. 0036) along with a wireless device may place a first (e.g., primary) receiver in a low power state in response to a first triggering event (para. 0100) and [...] a wireless device may take a first (e.g., primary) receiver out of a low power state in response to a second triggering event (para. 0101). Ang further discloses a memory (element 232, para. 0049); and a processor (element 230, para. 0049) perform or direct processes carryout operations. Regarding claim 13, this claim is analyzed and rejected for the same reasons as claim 1 because the corresponding method in claim 1 can be used to practice the device of claim 13. Regarding claims 2, 14, Ang discloses wherein power consumption of the second communication device is lower than power consumption of the first communication device; and/or power consumption corresponding to the first communication device in the first communication state is higher than power consumption corresponding to the first communication device in the second communication state. For instance, Ang discloses the primary receiver may consume 100 mW or more of power while active, and when placed in a low power state, the primary receiver may consume 5-10 mW of power. According to aspects of the present disclosure, a secondary receiver monitoring for signaling may consume less than 1 mW of power, (see para. 0036). Regarding claims 5, 16, Ang discloses in a case that the first communication device is in the first communication state, switching, by the terminal device, the first communication device from the first communication state to the second communication state if the terminal device receives first control information, wherein the first control information is used to be indicative of switching the first communication device from the first communication state to the second communication state (When the serving base station or eNB is done transmitting the data at 764, it transmits a signal (e.g., a 'go away' signal) directing the UE to place its primary receiver back in the low power state) (para. 0098; see also fig. 7). Regarding claim 6, D1 Ang discloses wherein switching, by the terminal device, based on the second triggering condition, the first communication device from the second communication state to the first communication state comprises: in a case that the first communication device is in the second communication state, switching, by the terminal device, based on a second timer, the first communication device from the second communication state to the first communication state. For instance, Ang discloses a wireless device may take a first (e.g., primary) receiver out of a low power state in response to a second triggering event. second example of a triggering event is expiration of a timer (e.g., a DRX OFF duration timer)) (para. 0101; fig. 7). Regarding claims 9, 19, Ang discloses receiving, through the first communication device, the first control information from the network device; or, receiving, through the second communication device, the first control information from the network device (for instance, the first signaling may be received within a configured DRX ON duration. For example, a wireless device may be operating with a receiver in an active state and receive signaling directing the wireless device to begin a DRX OFF duration) (para. 0111). 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 (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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 7, 8, 17, 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Ang et al (hereinafter Ang) (US 2016/0128128, IDS). Regarding claims 7, 17, Ang discloses controlling transitions between a low-power state and an active state in a DRX context, including, 1. a DRX OFF duration governed by a timer, and 2. wake-up signaling causing early exit from the DRX OFF duration. In particular, Ang discloses at 1004, the wireless device, for example, may place a receiver in a low power (e.g., deactivated or powered down) state during the DRX OFF duration. At 1006, the wireless device may, for example, take the receiver out of the low power state and exit the DRX OFF duration in response to a triggering event (e.g., expiration of a DRX OFF duration timer (para. 0110). Ang further discloses if the 'wake-up' signal is transmitted before the end of the DRX OFF duration, the UE may end the DRX OFF duration (e.g., transition to a DRX ON duration) early e.g., before expiration of a DRX OFF duration timer (para. 0097). Claim 7, however recites, 1. a second timer is started after switching the first communication device to the second communication state, and 2. if "second control information" is received during operation of the second timer, the terminal switches to the first communication state and stops the second timer. Ang however explicitly discloses bases exiting the OFF duration on (expiration of a DRX OFF duration timer, see para. 0110). One of ordinary skill in the art would start such an OFF-duration timer at the beginning of the OFF duration, i.e., when the receiver is placed into the low-power state, because this is the technically obvious reference point for measuring the OFF duration. Ang further teaches that, upon reception of the wake-up signal, the UE may (end the DRX OFF duration ….. early …. before expiration of a DRX OFF duration timer, see para. 0097). If the OFF duration is terminated early, the skilled person would as a matter of straightforward control logic stop the running OFF-duration timer, since it is no longer needed once the OFF duration has ended and would otherwise expire spuriously. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention adopt the teaching of Ang to arrive at implementation for the subject matter of claim 7 without the rise of new functionality from the adoption to yield predictable result. Regarding claims 8, 18, Ang discloses the UE, for example, placing a first receiver in a low power state (e.g., deactivated or powered down and consuming less than 100 mW of power) when the UE is in an enhanced discontinuous reception (DRX) mode, the enhanced DRX mode may comprise operating a UE with longer sleep cycles optimized for delay-tolerant device-terminated applications than are used in current systems, the UE may monitor with a second receiver, while the first receiver is in the low power state, for signaling from a base station directing the UE to take the first receiver out of the low power state, in response to a first triggering event, a triggering event for e.g., is receiving signaling from a base station (BS) directing the wireless device to place the first receiver in the low power state (e.g., a DRX ON duration timer or an inactivity timer) (paras. 0098, 0100). Except, does not explicitly show if the terminal device receives first control information during the operation of the second timer, restarting, by the terminal device, the second timer, wherein the first control information is used to be indicative of switching the first communication device from the first communication state to the second communication state. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to perform as a routine implementation measure, also account for the renewed control information (e.g., the "go away" signal of Ang at para. 0098) is received during operation of the second timer, ….for in that situation, the network explicitly confirms continuation of the low-power condition to the wireless device, it would be obvious to restart the running second timer in order to maintain the intended low-power state and avoid an unnecessary wake-up of the device, which would increase power consumption. One of ordinary skill in the art would be motivated to do so to switch device from first communication state to a second communication state to provide optimum power control in a communication system. Claim(s) 3, 4, 10, 11-12, 15, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Ang et al (hereinafter Ang) (US 2016/0128128, IDS) in view of Nam et al (hereinafter Nam) (US 2020/0112919, IDS). Regarding claims 3, 4, 15, Ang discloses all limitation addressed above with claim 1, 13. Ang does not expressly show wherein switching, by the terminal device, based on the first triggering condition, the first communication device from the first communication state to the second communication state comprises: in a case that the first communication device is in the first communication state, switching, by the terminal device, based on a first timer, the first communication device from the first communication state to the second communication state. Nam does. Nam discloses the UE 115 may remain in the high or standard power mode for an inactive period 320 following the active duration 305-a. During this inactive period, the UE 115 may not detect any physical downlink control channel (PDCCH) signaling. The UE 115 may initiate an inactivity timer at the start of the inactive period 320 (i.e., the end of the active duration 305-a). If the UE 115 receives additional signals(e.g., PDCCH signals) or transmits additional signals before expiration of the inactivity timer, the UE 115 may re-enter an additional active duration 305 and may reset the inactivity timer to restart at the end of this additional active duration 305. Otherwise, if the inactivity timer expires at 325, the UE 115 may ramp-down its power and enter a low power mode or sleep mode (e.g., a UE "OFF" duration) (para. 0116, fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to incorporate the teaching of Nam with the switching communication state of Ang for the benefit of allow during traffic inactivity the UE may switch to C-DRX operation to achieve significant power savings. Regarding claims 10, 20, Ang discloses limitation noted above with claim 1, 13. Ang does not expressly show in a case that the first communication device is in the second communication state, switching, by the terminal device, the first communication device from the second communication state to the first communication state if the terminal device triggers uplink transmission. Nam in a similar field of endeavor discloses power saving by discontinuous reception and specifically addresses uplink activity during DRX off periods when application data arrives at a buffer of the UE, the UE wakes up prior to a scheduled end of the C-DRX off period (para. 0053). Nam further discloses when the scheduling request occasion 806 occurs during the C-DRX off period and data for transmission exists in the buffer of the UE 802, the UE 802 determines whether to wake up during the C-DRX off period and send a scheduling request (para 0070). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teaching of Nam that UE-originated uplink activity may be used as a trigger for leaving the low-power state during a DRX off period to arrive according to known method to yield predictable result. Regarding claims 11, 12, Ang discloses limitation noted above with claims 1, 13. Ang does not expressly show in a case that the first communication device is in the second communication state, switching, by the terminal device, a secondary cell of the terminal device from a first state to a second state at a third moment, and wherein the first state is an active state and the second state is a deactivated state; the first state is an active state with a non-dormancy behavior and the second state is an active state with a dormancy behavior; or the first state is the active state with the dormancy behavior and the second state is the deactivated state. Nam discloses a secondary cell inactivity timer may expire and the secondary cell may be deactivated during a C-DRX OFF duration (para. 0135, see fig. 6). Whereas prior activation of the secondary cell is disclosed showing that, upon reception of the carrier aggregation activation command, the UE 115 may expand its bandwidth coverage by activating the secondary cells 610 component carriers. ……. That is, once the secondary cells 610 component carriers are activated, the UE 115 may monitor PDCCH on the secondary cells 610 during the C-DRX ON durations (paras. 0132, 0133). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Nam with communication activity of Ang for the benefit of provide better monitor control channels due to change in traffic conditions, e.g., decreased traffic activity. One of ordinary skill in the art would be motivated to do so to provide optimum communication process and control. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: 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. Claims 2, 5, 7, 8, 11, 14, 16-18, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term “lower” in claim 2, 14, is a relative term a term of degree which renders the claim indefinite. The term “lower” is not defined by the claim, it does not specify the state under which the power consumption of the first communication device is to be assessed. Appropriate clarification is required. Similarly, claims 2 14, recite “first communication is higher (respectively in line 5), is a relative term which renders the claim indefinite. The term “higher” is not defined by the claim, it does not specify the state under which the power consumption of the first communication device is to be assessed. Appropriate clarification is required. Claims 5, 7, 8, 16-18, recites the limitation "is used to be indicative of". The term appears to be linguistically incorrect, the claims lacks clarity and technically incorrect. Claim 11, recites, “at a third moment”. The term undefined in the claim. No first or second moment is introduced, and the claim does not specify how the third moment is determined or how it relates in terms of switching of the first communication device. The timing defined by the “third moment” is not clearly defined and limited. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUTBUDDIN GHULAMALI whose telephone number is (571) 272-3014. The examiner can normally be reached 7:30am to 4:00pm. 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, Chieh Fan can be reached at 571 272 3042. 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. /QUTBUDDIN GHULAMALI/ Primary Examiner, Art Unit 2632.
Read full office action

Prosecution Timeline

Dec 12, 2024
Application Filed
Aug 07, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+19.1%)
2y 6m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1092 resolved cases by this examiner. Grant probability derived from career allowance rate.

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