Prosecution Insights
Last updated: April 19, 2026
Application No. 16/323,673

USER EQUIPMENT AND COMMUNICATION METHOD

Non-Final OA §102§103§Other
Filed
Feb 06, 2019
Examiner
YANG, ZHAOHUI
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
10 (Non-Final)
72%
Grant Probability
Favorable
10-11
OA Rounds
3y 2m
To Grant
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
281 granted / 391 resolved
+13.9% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
44 currently pending
Career history
435
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
66.5%
+26.5% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 391 resolved cases

Office Action

§102 §103 §Other
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 . Response to Arguments Applicant’s arguments with respect to claim(s) 7, 9 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 7, 9, and 10 are rejected under 35 U.S.C. 1023 as being unpatentable over KIM; Jaewon et al. US PGPUB 20190280820 A1, supported by 62/317943, filed on 4/4/2016 (hereinafter ‘943), in view of Papasakellariou; Aris US 20180019843 A1 (hereinafter Papa) supported by provisional application 62/363,542. Filed 07/18/2016 (hereinafter ‘542), further in view of Nogami et al. EP 3101976. Regarding claim 7, KIM teaches A terminal comprising: a receiver configured to (Fig. 14, Transceiver Unit 1410) receive control information, ([0060] The DCI may include the following information.) which explicitly includes allocation information of a resource for receiving downlink data, ([0061] Information delivered for receiving and decoding downlink data (e.g., including at least one of allocation information of time and frequency resources used for xPDSCH transmission,) information indicating a transmission time position of a HARQ feedback for the downlink data, and information indicating a frequency position of the HARQ feedback, ([0062] Information about transmission time and frequency resources of the xPUCCH to transmit HARQ feedback ‘943 discloses xPUCCH resource index from page 6 to 14 ) from a base station by a downlink control channel; ([0060] Specifically, when the base station transmits downlink data in the subframe 210, the base station may transmit information for scheduling of downlink data and information for HARQ feedback through the DCI.) and a transmitter (Fig. 14, Transceiver Unit 1410) configured to transmit the HARQ feedback (Fig. 12, step 1240-1245, [0154] At operation 1245, the terminal may update the decoding result to a location corresponding to the BMI in the identified bitmap message. If the decoding is successful, the bit of the location corresponding to the BMI may be updated to 1.) at the transmission time position and the frequency position based on the information indicating the transmission time position and the information indicating the frequency position that are received by the receiver. (Fig. 12, step step 1245, [0149] At operation 1220, the terminal may extract HARQ related information from the DCI. The HARQ related information may include time resource information and frequency resource information of xPUCCH for transmitting HARQ information, and bitmap index information. ‘943 discloses xPUCCH resource index from page 6 to 14) Kim does not teach wherein the information indicating the transmission time position includes k which is a number of slots, and wherein the receiver is configured to receive the downlink data in slot n, and the transmitter is configured to transmit the HARQ feedback for the downlink data in slot n+k according to the information indicating the transmission time position. wherein the first number of slot k is from a symbol range provided by a higher layer parameter. However, Papa teaches wherein the information indicating the transmission time position includes k which is a number of slots, and wherein the receiver is configured to receive the downlink data in slot n, and the transmitter is configured to transmit the HARQ feedback for the downlink data in slot n+k according to the information indicating the transmission time position. ([0144] A DL DCI format scheduling a PDSCH transmission to a UE on a cell can include a counter DAI field, a total DAI field, and a slot offset field for transmission of HARQ-ACK information in response to a correct or incorrect detection of data TBs conveyed by a respective PDSCH. For a PDSCH transmitted to a UE in slot n, a slot offset k.sub.1 indicates to the UE to transmit respective HARQ-ACK information in slot n+k.sub.1 when k.sub.1 is defined relative to n, or in slot n+k.sub.1+k.sub.0 when k.sub.1 is defined relative to k.sub.0 where k.sub.0 is a predetermined value Supported by ‘542 Page 19, last paragraph) wherein the first number of slot k is from a symbol range provided by a higher layer parameter. ([0145] For example, when a UE requires at least 2 slots to transmit HARQ-ACK information in response to a PDSCH reception, k.sub.0=2. The UE can inform a serving gNB of a k.sub.0 value relative to reference slot duration either explicitly though higher layer signaling) In order to improve scheduling flexibility to assign PDSCH transmission with consecutive HARQ processes ([0188]) Kim and Papa are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Kim with the technique of HARQ slot offset in Papa in order to improve scheduling flexibility. Kim and Papa do not teach wherein the first number of slot k is from a symbol range provided by a higher layer parameter. However, Nogami teaches wherein the first number of slot k is from a symbol range provided by a higher layer parameter. ([0477] line 38 of the page “the HARQ-ACK resource offset field is used for performing determination based on one PUCCH resource of a plurality of PUCCH resources configured in the higher layer.”) In order to reduce complexity of scheduling of dynamic PUCCH resources ([0556]) Kim and Nogami are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Kim with the technique of higher layer configuration of offset in order reduce complexity of the scheduling. Regarding claim 9. Kim teaches A base station comprising: a transmitter (Fig. 14, transceiver unit 1410) configured to transmit control information, ([0060] The DCI may include the following information.) which explicit includes allocation information of a resource for receiving downlink data, ([0061] Information delivered for receiving and decoding downlink data (e.g., including at least one of allocation information of time and frequency resources used for xPDSCH transmission,) information indicating a transmission time position of a HARQ feedback for the downlink data, and information indicating a frequency position of the HARQ feedback, ([0062] Information about transmission time and frequency resources of the xPUCCH to transmit HARQ feedback ‘943 discloses xPUCCH resource index from page 6 to 14) to a terminal by a downlink control channel; ([0060] Specifically, when the base station transmits downlink data in the subframe 210, the base station may transmit information for scheduling of downlink data and information for HARQ feedback through the DCI.) and a receiver (Fig. 14, transceiver unit 1410) configured to receive the HARQ feedback transmitted by the terminal (Fig. 12, step 1240-1245, [0154] At operation 1245, the terminal may update the decoding result to a location corresponding to the BMI in the identified bitmap message. If the decoding is successful, the bit of the location corresponding to the BMI may be updated to 1.) at the transmission time position and the frequency position based on the information indicating the transmission time position and the information indicating the frequency position. (Fig. 12, step step 1245, [0149] At operation 1220, the terminal may extract HARQ related information from the DCI. The HARQ related information may include time resource information and frequency resource information of xPUCCH for transmitting HARQ information, and bitmap index information. ‘943 discloses xPUCCH resource index from page 6 to 14) Kim does not teach wherein the information indicating the transmission time position includes k which is a number of slots, and wherein the receiver is configured to receive the downlink data in slot n, and the transmitter is configured to transmit the HARQ feedback for the downlink data in slot n+k according to the information indicating the transmission time position. wherein the first number of slot k is from a symbol range provided by a higher layer parameter. However, Papa teaches wherein the information indicating the transmission time position includes k which is a number of slots, and wherein the receiver is configured to receive the downlink data in slot n, and the transmitter is configured to transmit the HARQ feedback for the downlink data in slot n+k according to the information indicating the transmission time position. ([0144] A DL DCI format scheduling a PDSCH transmission to a UE on a cell can include a counter DAI field, a total DAI field, and a slot offset field for transmission of HARQ-ACK information in response to a correct or incorrect detection of data TBs conveyed by a respective PDSCH. For a PDSCH transmitted to a UE in slot n, a slot offset k.sub.1 indicates to the UE to transmit respective HARQ-ACK information in slot n+k.sub.1 when k.sub.1 is defined relative to n, or in slot n+k.sub.1+k.sub.0 when k.sub.1 is defined relative to k.sub.0 where k.sub.0 is a predetermined value Supported by ‘542 Page 19, last paragraph) In order to improve scheduling flexibility to assign PDSCH transmission with consecutive HARQ processes ([0188]) Kim and Papa are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Kim with the technique of HARQ slot offset in Papa in order to improve scheduling flexibility. Kim and Papa do not teach wherein the first number of slot k is from a symbol range provided by a higher layer parameter. However, Nogami teaches wherein the first number of slot k is from a symbol range provided by a higher layer parameter. ([0477] line 38 of the page “the HARQ-ACK resource offset field is used for performing determination based on one PUCCH resource of a plurality of PUCCH resources configured in the higher layer.”) In order to reduce complexity of scheduling of dynamic PUCCH resources ([0556]) Kim and Nogami are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Kim with the technique of higher layer configuration of offset in order reduce complexity of the scheduling. Regarding claim 10. Kim and Papa teaches A communication method executed by a terminal, the communication method comprising steps recited in claim 7. It is rejected for the same reasons above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHAOHUI YANG whose telephone number is (571)270-7527. The examiner can normally be reached 9 AM to 5 PM 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, Marcus Smith can be reached on 571 270-1096. 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. /ZHAOHUI YANG/ Examiner, Art Unit 2468 /MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
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Prosecution Timeline

Feb 06, 2019
Application Filed
Feb 06, 2019
Response after Non-Final Action
Jan 07, 2022
Non-Final Rejection — §102, §103, §Other
Apr 13, 2022
Response Filed
May 20, 2022
Final Rejection — §102, §103, §Other
Jul 18, 2022
Response after Non-Final Action
Aug 09, 2022
Examiner Interview (Telephonic)
Aug 09, 2022
Response after Non-Final Action
Aug 26, 2022
Request for Continued Examination
Sep 03, 2022
Response after Non-Final Action
Sep 20, 2022
Non-Final Rejection — §102, §103, §Other
Dec 12, 2022
Response Filed
Mar 14, 2023
Non-Final Rejection — §102, §103, §Other
Jun 21, 2023
Response Filed
Aug 29, 2023
Final Rejection — §102, §103, §Other
Dec 05, 2023
Response after Non-Final Action
Jan 19, 2024
Examiner Interview (Telephonic)
Jan 20, 2024
Response after Non-Final Action
Feb 05, 2024
Request for Continued Examination
Feb 14, 2024
Response after Non-Final Action
Jun 08, 2024
Non-Final Rejection — §102, §103, §Other
Sep 11, 2024
Response Filed
Dec 10, 2024
Final Rejection — §102, §103, §Other
Mar 11, 2025
Request for Continued Examination
Mar 21, 2025
Response after Non-Final Action
Apr 06, 2025
Non-Final Rejection — §102, §103, §Other
Jul 10, 2025
Response Filed
Oct 24, 2025
Final Rejection — §102, §103, §Other
Jan 22, 2026
Request for Continued Examination
Jan 28, 2026
Response after Non-Final Action
Mar 18, 2026
Non-Final Rejection — §102, §103, §Other (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

10-11
Expected OA Rounds
72%
Grant Probability
83%
With Interview (+11.1%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 391 resolved cases by this examiner. Grant probability derived from career allow rate.

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