Prosecution Insights
Last updated: October 23, 2026
Application No. 19/019,002

COMMUNICATION APPARATUS, BASE STATION, AND COMMUNICATION METHOD

Non-Final OA §102
Filed
Jan 13, 2025
Priority
Jul 20, 2022 — JP 2022-115842 +1 more
Examiner
IQBAL, KHAWAR
Art Unit
Tech Center
Assignee
Denso Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
485 granted / 663 resolved
+13.2% vs TC avg
Strong +29% interview lift
Without
With
+29.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
28 currently pending
Career history
699
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
55.4%
+15.4% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 663 resolved cases

Office Action

§102
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 . Priority Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application. Claim Rejections - 35 USC § 102 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. Claim(s) 1-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by SHRIVASTAVA et al (20230396984). Regarding claim 1, SHRIVASTAVA et al discloses, a communication apparatus (100, fig. 3A-3B) capable of communicating with a plurality of networks including a first network (200a, fig. 3A) and a second network (200b, fig. 3A) by using a plurality of subscriber identity modules (150a-150n, fig. 3b) (¶ 0032), the communication apparatus comprising: a controller (110, of the UE, fig. 3B) configured to temporary restrict a capability of the communication apparatus for communication with the first network in order to perform communication with the second network (¶ 0067, based on the gap configuration, the UE 100 is configured to switch to second network operator device 200b associated with the second SIM 150b-150n for service reception on the second SIM 150b-150n during the activated gap on the first SIM 150a.); and a communicator (120, of the UE, fig. 3B) configured to transmit, to a base station of the first network, information for indicating that temporary capability restriction of the communication apparatus is changed or removed (¶ 0067-0068, the UE 100 is configured to send the gap release request to the first network operator device 200a to release the gap on the first SIM 150a. The gap release request includes a gap configuration identity or an index of the gap. Further, the first network operator device 200a is configured to receive the gap release request from the UE 100 to release the gap on the first SIM 150a.). Regarding claims 2, 7, 12, SHRIVASTAVA et al discloses in claim 1, further SHRIVASTAVA et al discloses, wherein the controller is configured to include the information in a multi-universal subscriber identity module (MUSIM) assistance information element used to provide MUSIM assistance information, and the communicator is configured to transmit the MUSIM assistance information element including the information to the base station of the first network(¶ 0070, the network configures UE with “ ” of RRC reconfiguration message to provide MUSIM assistance though UE assistance information message. This configuration can be in accordance to the capability information provided by the UE. When the UE receives the configuration for “ ” from RRC reconfiguration message, UE pursues providing MUSIM assistance through UE assistance information message e.g. for at least one of gap request, gap release and gap activation request). Regarding claims 3, 8, 13, SHRIVASTAVA et al discloses in claim 1, further SHRIVASTAVA et al discloses, wherein the controller is configured to include, as the information, at least one of information for indicating a preference of the communication apparatus for a maximum number of component carriers in a downlink, information for indicating a preference of the communication apparatus for a maximum number of component carriers in an uplink, information for indicating a preference of the communication apparatus for a frequency band, and information for indicating a preference of the communication apparatus for a maximum number of multiple-input and multiple-output (MIMO) layers, in a multi-universal subscriber identity module (MUSIM) assistance information element used to provide MUSIM assistance information, and the communicator is configured to transmit, to the base station of the first network, the MUSIM assistance information element including the information (¶ 0070, the network configures UE with “ ” of RRC reconfiguration message to provide MUSIM assistance though UE assistance information message. This configuration can be in accordance to the capability information provided by the UE. When the UE receives the configuration for “ ” from RRC reconfiguration message, UE pursues providing MUSIM assistance through UE assistance information message e.g. for at least one of gap request, gap release and gap activation request). Regarding claims 4, 9, 14, SHRIVASTAVA et al discloses in claim 1, further SHRIVASTAVA et al discloses, wherein the controller is configured to include, as the information, information for indicating a preference of the communication apparatus for a secondary cell to be released, in a multi-universal subscriber identity module (MUSIM) assistance information element used to provide MUSIM assistance information, and the communicator is configured to transmit, to the base station of the first network, the MUSIM assistance information element including the information (¶ 0024, 0070, 0087-0089, the network configures UE with “ ” of RRC reconfiguration message to provide MUSIM assistance though UE assistance information message. This configuration can be in accordance to the capability information provided by the UE. When the UE receives the configuration for “ ” from RRC reconfiguration message, UE pursues providing MUSIM assistance through UE assistance information message e.g. for at least one of gap request, gap release and gap activation request). Regarding claims 5, 15, SHRIVASTAVA et al discloses in claim 1, further SHRIVASTAVA et al discloses, wherein the controller is configured to include information for indicating a preference of the communication apparatus for a gap for a MUSIM operation, in the MUSIM assistance information element (¶ 0024, 0070, 0087-0089, the network configures UE with “ ” of RRC reconfiguration message to provide MUSIM assistance though UE assistance information message. This configuration can be in accordance to the capability information provided by the UE. When the UE receives the configuration for “ ” from RRC reconfiguration message, UE pursues providing MUSIM assistance through UE assistance information message e.g. for at least one of gap request, gap release and gap activation request). Regarding claim 6, SHRIVASTAVA et al discloses in claim 1, further SHRIVASTAVA et al discloses, a base station of a first network which radio communicates with a communication apparatus capable of communicating with a plurality of networks including the first network and a second network by using a plurality of subscriber identity modules, the base station comprising (200, fig. 3B, ¶ 0032, 0130, abstract): a communicator configured to receive, from the communication apparatus, information for indicating that temporary capability restriction of the communication apparatus is changed or removed (¶ 0067-0068, based on the gap configuration, the UE 100 is configured to switch to second network operator device 200b associated with the second SIM 150b-150n for service reception on the second SIM 150b-150n during the activated gap on the first SIM 150a, the UE 100 is configured to send the gap release request to the first network operator device 200a to release the gap on the first SIM 150a. The gap release request includes a gap configuration identity or an index of the gap. Further, the first network operator device 200a is configured to receive the gap release request from the UE 100 to release the gap on the first SIM 150a); and a controller configured to control the communication apparatus to temporary restrict a capability of the communication apparatus for communication with the first network in order for the communication apparatus to perform communication with the second network (¶ 0067-0069, based on the gap configuration, the UE 100 is configured to switch to second network operator device 200b associated with the second SIM 150b-150n for service reception on the second SIM 150b-150n during the activated gap on the first SIM 150a, the UE 100 is configured to send the gap release request to the first network operator device 200a to release the gap on the first SIM 150a. The gap release request includes a gap configuration identity or an index of the gap. Further, the first network operator device 200a is configured to receive the gap release request from the UE 100 to release the gap on the first SIM 150a). Regarding claim 11, SHRIVASTAVA et al discloses in claim 1, further SHRIVASTAVA et al discloses, a communication method executed in a communication apparatus capable of communicating with a plurality of networks including a first network and a second network by using a plurality of subscriber identity modules, the communication method comprising the steps of (200, fig. 3A-3B, ¶ 0032, 0130, abstract): temporarily restricting a capability of the communication apparatus for communication with the first network in order to perform communication with the second network (¶ 0067-0068, based on the gap configuration, the UE 100 is configured to switch to second network operator device 200b associated with the second SIM 150b-150n for service reception on the second SIM 150b-150n during the activated gap on the first SIM 150a, the UE 100 is configured to send the gap release request to the first network operator device 200a to release the gap on the first SIM 150a. The gap release request includes a gap configuration identity or an index of the gap. Further, the first network operator device 200a is configured to receive the gap release request from the UE 100 to release the gap on the first SIM 150a); and transmitting, to a base station of the first network, information for indicating that temporary capability restriction of the communication apparatus is changed or removed (¶ 0067-0069, based on the gap configuration, the UE 100 is configured to switch to second network operator device 200b associated with the second SIM 150b-150n for service reception on the second SIM 150b-150n during the activated gap on the first SIM 150a, the UE 100 is configured to send the gap release request to the first network operator device 200a to release the gap on the first SIM 150a. The gap release request includes a gap configuration identity or an index of the gap. Further, the first network operator device 200a is configured to receive the gap release request from the UE 100 to release the gap on the first SIM 150a). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAWAR IQBAL whose telephone number is (571)272-7909. The examiner can normally be reached M-F. 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 5712723965. 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. /KHAWAR IQBAL/ Primary Examiner, Art Unit 2643
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Prosecution Timeline

Jan 13, 2025
Application Filed
Oct 07, 2026
Non-Final Rejection mailed — §102 (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
99%
With Interview (+29.0%)
3y 5m (~1y 8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 663 resolved cases by this examiner. Grant probability derived from career allowance rate.

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