Prosecution Insights
Last updated: April 19, 2026
Application No. 17/432,866

TERMINAL AND WIRELESS COMMUNICATION METHOD

Non-Final OA §103
Filed
Aug 20, 2021
Examiner
DEAN, RAYMOND S
Art Unit
2645
Tech Center
2600 — Communications
Assignee
NTT Docomo Inc.
OA Round
9 (Non-Final)
70%
Grant Probability
Favorable
9-10
OA Rounds
3y 1m
To Grant
85%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
618 granted / 883 resolved
+8.0% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
48 currently pending
Career history
931
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
64.2%
+24.2% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 883 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 25, 2026 has been entered. Response to Arguments Applicant’s arguments, see Applicants’ remarks, filed January 23, 2026, with respect to the rejection(s) of claim(s) 6, 9 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art Liu et al. (US 2018/0332541). Liu teaches wherein applying the value reduces at least one of a total radiated power and an equivalent isotropic radiated power of the terminal (Section 0168, Pcmax is based on the EIRP therefore applying the Pp,mpr values to limit the Pcmax is effectively applying the Pp,mpr values to limit the EIRP that said Pcmax is based on). Claim Rejections - 35 USC § 103 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. Claim(s) 6, 8, 9, 11, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2020/0145927) in view of Ly et al. (US 2018/0124710) and in further view of Liu et al. (US 2018/0332541). Regarding Claim 6, Sun teaches a terminal comprising: a control section that, when a percentage of an uplink symbol scheduled by an uplink scheduling within a unit period is larger than a percentage of a symbol schedulable for uplink transmission within the unit period, follows the uplink scheduling and configures maximum output power of the uplink symbol by applying a value that reduces the maximum output power (Section 0047, percentage of symbols allocated over a particular period exceeds the capability then reduction of maximum power occurs, while Sun does teach the feature of restricting the UL scheduling said restriction is a limitation of the UL scheduling, in other words the UL scheduling still occurs but in a limited fashion, Sun therefore teaches the application step following the limited scheduling); and a transmission section that transmits the uplink symbol based on the reduced maximum output power configured by applying the value (Section 0047, the UE will transmit the uplink symbol), wherein information of the reduced maximum output power configured by applying the value is used for restriction of the uplink scheduling by a base station (Section 0047, the signaled capability, which the power backoff is based on, is used for uplink scheduling by the base station thus said scheduling is also based on said power backoff, said scheduling is restricted), wherein the transmission section transmits the uplink symbol with an uplink transmission power (Section 0047, uplink power is controlled via power reduction), the uplink transmission power being determined based on an association between the value and the percentage of the symbol schedulable for the uplink transmission (Section 0047, the power reduction value is applied if the percentage of UL symbols exceeds the capability thus there is an association between the value and the percentage of the UL symbols); and in the association, the greater the percentage of the symbol schedulable for the uplink transmission, the greater the value (Section 0047, the power reduction value can vary thus rendering a scenario wherein the greater the percentage of UL symbols that exceeds the capability the greater the power reduction value). Sun does not teach wherein the configured maximum output power is based on a power class, wherein applying the value reduces at least one of a total radiated power and an equivalent isotropic radiated power of the terminal. Ly, which also teaches the power control, teaches wherein the maximum output power is based on a power class (Section 0177). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Sun with the above features of Ly for the purposes of better exploiting the frequency characteristics of a channel and providing a lower peak-to-average power ratio (PAPR) as taught by Ly. Sun combination does not teach wherein applying the value reduces at least one of a total radiated power and an equivalent isotropic radiated power of the terminal. Liu, which also teaches wireless communications, teaches wherein applying the value reduces at least one of a total radiated power and an equivalent isotropic radiated power of the terminal (PLEASE NOTE: Applicants’ specification teaches wherein the total radiated power and equivalent isotropic radiated power are in disjunctive form, Section 0168, Pcmax is based on the EIRP therefore applying the Pp,mpr values to limit the Pcmax is effectively applying the Pp,mpr values to limit the EIRP that said Pcmax is based on). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the system of the Sun combination with the above features of Liu for the purpose of providing wireless power control that scales efficiently with increased number of power control parameters and settings as taught by Liu. Regarding Claim 9, Sun teaches a transmission method comprising: when a percentage of an uplink symbol when scheduled by an uplink scheduling within a unit period is larger than a percentage of a symbol schedulable for uplink transmission within the unit period, following, by a terminal, the uplink scheduling and configuring maximum output power of the uplink symbol by applying, by the terminal, a value that reduces the maximum output power (Section 0047, percentage of symbols allocated over a particular period exceeds the capability then reduction of maximum power occurs, while Sun does teach the feature of restricting the UL scheduling said restriction is a limitation of the UL scheduling, in other words the UL scheduling still occurs but in a limited fashion, Sun therefore teaches the application step following the limited scheduling); and transmitting by the terminal the uplink symbol based on the reduced maximum output power configured by applying the value (Section 0047, the UE will transmit the uplink symbol), wherein information of the reduced maximum output power configured by applying the value is used for restriction of the uplink scheduling by a base station (Section 0047, the signaled capability, which the power backoff is based on, is used for uplink scheduling by the base station thus said scheduling is also based on said power backoff, said scheduling is restricted), wherein the terminal transmits the uplink symbol with an uplink transmission power (Section 0047, uplink power is controlled via power reduction), the uplink transmission power being determined based on an association between the value and the percentage of the symbol schedulable for the uplink transmission (Section 0047, the power reduction value is applied if the percentage of UL symbols exceeds the capability thus there is an association between the value and the percentage of the UL symbols); and in the association, the greater the percentage of the symbol schedulable for the uplink transmission, the greater the value (Section 0047, the power reduction value can vary thus rendering a scenario wherein the greater the percentage of UL symbols that exceeds the capability the greater the power reduction value). Sun does not teach wherein the configured maximum output power is based on a power class, wherein applying the value reduces at least one of a total radiated power and an equivalent isotropic radiated power of the terminal. Ly, which also teaches the power control, teaches wherein the maximum output power is based on a power class (Section 0177). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Sun with the above features of Ly for the purposes of better exploiting the frequency characteristics of a channel and providing a lower peak-to-average power ratio (PAPR) as taught by Ly. Sun combination does not teach wherein applying the value reduces at least one of a total radiated power and an equivalent isotropic radiated power of the terminal. Liu, which also teaches wireless communications, teaches wherein applying the value reduces at least one of a total radiated power and an equivalent isotropic radiated power of the terminal (PLEASE NOTE: Applicants’ specification teaches wherein the total radiated power and equivalent isotropic radiated power are in disjunctive form, Section 0168, Pcmax is based on the EIRP therefore applying the Pp,mpr values to limit the Pcmax is effectively applying the Pp,mpr values to limit the EIRP that said Pcmax is based on). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the system of the Sun combination with the above features of Liu for the purpose of providing wireless power control that scales efficiently with increased number of power control parameters and settings as taught by Liu. Regarding Claims 8, 11, Sun combination teaches all of the claimed limitations recited in Claims 6, 9. Sun further teaches a transmission operating band of the terminal is frequency range 2 (FR2) (Section 0024). Regarding Claim 13, Sun combination teaches all of the claimed limitations recited in Claim 6. Sun further teaches wherein the control section determines the percentage of the symbol schedulable for the uplink transmission associated with the maximum output power configured for the terminal based on an association between candidates for the maximum output power and candidates for the percentage of the symbol schedulable for the uplink transmission; and in the association, the greater the maximum output power, the smaller the percentage of the symbol schedulable for the uplink transmission (Section 0047, the percentage of UL symbols exceeding capability renders a scenario of a higher percentage symbols which leads to a greater maximum power reduction and thus a greater backoff value, one would logically conclude the converse of a smaller percentage of UL symbols leads to less maximum power reduction and thus a smaller backoff value). Regarding Claim 14, Sun combination teaches all of the claimed limitations recited in Claim 6. Sun further teaches wherein the value is selected from among a plurality of upper-limit power-reduction candidates associated with respective duty-cycle percentages (Section 0047 teaches wherein the power reduction value can be set at a plurality of percentage values of the maximum power which are the upper-limit power-reduction candidates, said percentage values are applied in relation to the maxUplinkDutyCycle capability percentage values). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND S DEAN whose telephone number is (571)272-7877. The examiner can normally be reached Monday-Friday, 6:00-2:30, EST. 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, Anthony S Addy can be reached at 571-272-7795. 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. /RAYMOND S DEAN/Primary Examiner, Art Unit 2645 Raymond S. Dean March 3, 2026
Read full office action

Prosecution Timeline

Aug 20, 2021
Application Filed
Aug 29, 2023
Non-Final Rejection — §103
Nov 02, 2023
Response Filed
Nov 22, 2023
Final Rejection — §103
Jan 11, 2024
Applicant Interview (Telephonic)
Jan 11, 2024
Examiner Interview Summary
Jan 18, 2024
Response after Non-Final Action
Jan 29, 2024
Response after Non-Final Action
Feb 28, 2024
Request for Continued Examination
Mar 07, 2024
Response after Non-Final Action
Mar 11, 2024
Non-Final Rejection — §103
Jun 12, 2024
Response Filed
Jun 26, 2024
Final Rejection — §103
Sep 25, 2024
Response after Non-Final Action
Oct 04, 2024
Response after Non-Final Action
Oct 24, 2024
Request for Continued Examination
Oct 28, 2024
Response after Non-Final Action
Oct 29, 2024
Non-Final Rejection — §103
Jan 22, 2025
Response Filed
Mar 21, 2025
Final Rejection — §103
Jun 25, 2025
Response after Non-Final Action
Jul 16, 2025
Request for Continued Examination
Jul 17, 2025
Response after Non-Final Action
Jul 21, 2025
Non-Final Rejection — §103
Oct 16, 2025
Response Filed
Oct 30, 2025
Final Rejection — §103
Jan 23, 2026
Response after Non-Final Action
Feb 25, 2026
Request for Continued Examination
Mar 02, 2026
Response after Non-Final Action
Mar 03, 2026
Non-Final Rejection — §103 (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

9-10
Expected OA Rounds
70%
Grant Probability
85%
With Interview (+15.3%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 883 resolved cases by this examiner. Grant probability derived from career allow rate.

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