Prosecution Insights
Last updated: August 18, 2026
Application No. 17/432,866

TERMINAL AND WIRELESS COMMUNICATION METHOD

Non-Final OA §103
Filed
Aug 20, 2021
Priority
Feb 22, 2019 — nonprovisional of PCTJP2019006908
Examiner
DEAN, RAYMOND S
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
10 (Non-Final)
70%
Grant Probability
Favorable
10-11
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
631 granted / 896 resolved
+8.4% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
936
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
65.7%
+25.7% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
6.7%
-33.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 896 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 . Response to Arguments Applicant's arguments filed May 28, 2026 have been fully considered but they are not persuasive. Liu further teaches wherein, for the power class, a lower-limit minimum peak equivalent isotropic radiated power and an upper-limit maximum peak equivalent isotropic radiated power differ by more than 20 dB (Section 0180, regulatory requirement for HF requires HF not exceed 45 dBm in EIRP, this renders a scenario wherein the HF EIRP limits are between 0 and 45 dBm which further renders a scenario wherein EIRP for HF ranges from 15 dBm to 40 dBm, for example, which is difference of 25 dBm). 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, wherein, for the power class, a lower-limit minimum peak equivalent isotropic radiated power and an upper-limit maximum peak equivalent isotropic radiated power differ by more than 20 dB. 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 in view of Ly 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, wherein, for the power class, a lower-limit minimum peak equivalent isotropic radiated power and an upper-limit maximum peak equivalent isotropic radiated power differ by more than 20 dB. 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), wherein, for the power class, a lower-limit minimum peak equivalent isotropic radiated power and an upper-limit maximum peak equivalent isotropic radiated power differ by more than 20 dB (Section 0180, regulatory requirement for HF requires HF not exceed 45 dBm in EIRP, this renders a scenario wherein the HF EIRP limits are between 0 and 45 dBm which further renders a scenario wherein EIRP for HF ranges from 15 dBm to 40 dBm, for example, which is difference of 25 dBm). 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 in view of Ly 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, wherein, for the power class, a lower-limit minimum peak equivalent isotropic radiated power and an upper-limit maximum peak equivalent isotropic radiated power differ by more than 20 dB. 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 in view of Ly 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, wherein, for the power class, a lower-limit minimum peak equivalent isotropic radiated power and an upper-limit maximum peak equivalent isotropic radiated power differ by more than 20 dB. 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), wherein, for the power class, a lower-limit minimum peak equivalent isotropic radiated power and an upper-limit maximum peak equivalent isotropic radiated power differ by more than 20 dB (Section 0180, regulatory requirement for HF requires HF not exceed 45 dBm in EIRP, this renders a scenario wherein the HF EIRP limits are between 0 and 45 dBm which further renders a scenario wherein EIRP for HF ranges from 15 dBm to 40 dBm, for example, which is difference of 25 dBm) 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 in view of Ly 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 in view of Ly and in further view of Liu 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 in view of Ly and in further view of Liu 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 in view of Ly and in further view of Liu 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 THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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 June 8, 2026
Read full office action

Prosecution Timeline

Show 25 earlier events
Nov 03, 2025
Final Rejection mailed — §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 05, 2026
Non-Final Rejection mailed — §103
May 28, 2026
Response Filed
Jun 10, 2026
Final Rejection mailed — §103
Aug 07, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707403
METHOD AND APPARATUS FOR INCREASING TRANSMIT POWER IN A SUB-TERAHERTZ COMMUNICATION SYSTEM
3y 9m to grant Granted Aug 11, 2026
Patent 12707445
BAND AGILE MOBILE BROADBAND RADIO, SYSTEM AND METHODS OF OPERATION
2y 7m to grant Granted Aug 11, 2026
Patent 12706665
ADAPTIVE SATELLITE DATA ACQUISITION OPTIMIZATION PLATFORM
1y 6m to grant Granted Aug 11, 2026
Patent 12689449
INTELLIGENT NOISE MITIGATION FOR ELECTRONIC DEVICES
4y 0m to grant Granted Jul 21, 2026
Patent 12684375
MOBILE TERMINAL TEST SYSTEM AND MOBILE TERMINAL TEST METHOD
3y 3m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

10-11
Expected OA Rounds
70%
Grant Probability
86%
With Interview (+15.3%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 896 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month