Prosecution Insights
Last updated: July 17, 2026
Application No. 17/628,058

TERMINAL AND COMMUNICATION METHOD

Final Rejection §103
Filed
Jan 18, 2022
Priority
Jul 22, 2019 — nonprovisional of PCTJP2019028717
Examiner
LAFONTANT, GARY
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
8 (Final)
73%
Grant Probability
Favorable
9-10
OA Rounds
0m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
340 granted / 465 resolved
+11.1% vs TC avg
Minimal +1% lift
Without
With
+1.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
27 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
75.2%
+35.2% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 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 . The amendment filed on 06/08/2026 has been acknowledged. Amendment Summary Claims 7, 10, 11 are amended. Claims 1-6 and 9 are canceled. Response to Arguments/Amendment Applicant has amended the independent claims and associated dependent claims. The following OA examination reflect the new amended claims submitted herein. The arguments regarding previous claim submittal are moot since the amended claim has modified the scope of the previous claim. The amended claims are examined below. 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) 7, 8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 2020/0403747 A1) in view of Maki (US 11558829 B2) and further in view of Noh (US 2019/00902198 A1). Regarding Claim 7, 11 Zhao discloses a terminal (Fig.16)) comprising: a receiver (Fig.16(1601)) that receives, from another terminal (See Fig.1(A,B); two vehicles communicating with each other through sidelink protocol)), a first sidelink demodulation reference signal (See Fig.7;(701);[0075]; [0126]; receiving sidelink DMRS) via a demodulation reference signal (DMRS) port (See Fig.14(A,B); [0163]; a two port transmission mode is adapted by the UE as to differentiated between DMRS sequences), a processor (Fig.18(1801)) that specifies the DMRS port (See Fig.14(A,B); [0157]; [0163]; transmission mode, e.g., a 2-port transmission mode, may be adopted by the new UE so as to improve the transmission reliability) for receiving the first sidelink demodulation reference signal, the DMRS port being specified by using control information received from the another terminal (See Fig.14(A,B); [0157]; [0163]; SA information comprising port differential is transmitted to receiving UE for adaptation); a transmitter (Fig.15(1502)) that transmits a physical sidelink shared channel (PSSCH) for data transmission (See [0075]; first PSSCH data to be transmitted) and a second sidelink demodulation reference signal (See [0086]; [0092]; There is a second sidelink demodulation reference signal to be transmitted after receiving first sidelink demodulation reference signal from another terminal, as configured by sidelink features), But Zhao fails to explicitly recite about wherein total transmission power for the PSSCH includes at least transmission power for the data, transmission power for the second sidelink demodulation reference signal, and transmission power for a channel state information reference signal (CSI-RS), and wherein the processor adjusts transmission power for the data and the transmission power for the second sidelink demodulation reference signal, and the transmission power for the CSI-RS, such that transmission power per resource element for the data summed over all transmit ports used for the transmissions and transmission power per resource element for the second sidelink demodulation reference signal summed over all the transmit ports used for the transmissions and transmission power per resource element for the CSI-RS summed over all transmit ports used for transmission of the CSI-RS are a same value. However in analogous art, Maki teaches a transmitter (See Fig.(5,6)(105); Column 7, lines (35-48); transmitter) that transmits transmission data and DMRS signal (See Fig.8(ST101); Column 7, lines (35-48); Column 8, lines (63-67); transmitter 105 transmits PT-RS including and the data signal with the determined transmission power), wherein the processor adjusts transmission power for the transmission data and transmission power for the second sidelink demodulation reference signal (See Column 4, lines (38-50); Column 8, lines (63-67); (See Column 9, lines (1-8);(40-48); transmission power for each RE to be configured for the data and DMRS at each of antenna ports 1000 and 1001 before (before adjustment) reducing the transmission power, and, the right sides of FIGS. 9 to 13 illustrate the transmission 45 power for each of antenna ports 1000 and 1001 after (after adjustment) reducing the transmission power, and the transmission power for each RE of the data and PT-RS.) such that transmission power per resource element (See Column 9, lines (40-48); Column 11; lines (30-34); transmission power for each RE) for the transmission data (See Column 11; lines (24-29); transmission data) summed over all transmit ports used for the transmissions (See Column 4, lines (58-63); data transmission summed in all ports) and transmission power per resource element (See Column 9, lines (40-48); Column 11; lines (30-34); transmission power for each RE) for second sidelink demodulation reference signal (See Column 8, lines (63-67); Column 11; lines (24-29); PT-RS) summed over all the transmit ports used for the transmissions (See Column 4, lines (58-63); Column 8, lines (63-67); data transmission summed in all ports) are a same value. (See Fig.13; Column 11, lines (22-34); data signal and PT-RS are transmitted with same power value). Zhao and Maki are analogous art because they all pertain to cellular wireless telecommunications. Zhao teaches about sidelink control and data transmission between two terminals. Maki teaches about adjusting transmission power for data transmission and phase tracking reference signal to be equal for RE between a base station and a mobile station. Zhao could use Maki features in order to control the transmission power summed for all ports not to exceed the maximum power for data transmission in PSSCH channel. Therefore it would have been obvious to one of ordinary skill at the time of the filling of the application to combine Zhao and Maki as to obtain an efficient cellular communication system. But Zhao and Maki fail to explicitly recite about total transmission power for the PSSCH include CSI-RS signal and transmission power per resource element for the CSI-RS summed over all transmit ports used for transmission of the CSI-RS are at a same value However in an analogous art, Noh teaches about achieving full power utilization of CSl-RS transmission at the same level of power boosting for multiple ports for a channel (See [0180]; [0205-0207]). Zhao, Maki and Noh are analogous art because they all pertain to cellular wireless telecommunications. Zhao teaches about sidelink control and data transmission between two terminals. Maki teaches about adjusting transmission power for data transmission and phase tracking reference signal to be equal for RE between a base station and a mobile station. Noh teaches about achieving full power utilization of CSl-RS transmission at the same level of power boosting for multiple ports for a channel Zhao and Maki could use Noh features in order to control the transmission power summed for all ports for CSI-RS reference signal just like data and second sidelink reference signal in PSSCH channel. Therefore it would have been obvious to one of ordinary skill at the time of the filling of the application to combine Zhao, Maki and Noh as to obtain an efficient cellular communication system. Regarding Claim 8, Zhao, Maki and Noh teach all the features with respect to claim 7 and Zhao further teaches wherein the receiver receives the sidelink demodulation reference signal (See Fig.7;(701);[0075]; [0126]; receiving sidelink DMRS) on a sidelink data channel (See Fig.7;(701);[0075]; In an LIE Rel-14 V2X technique, a UE is provided … a Physical Sidelink Shared Channel (PSSCH) for the transmission of data information). Regarding Claim 10, Zhao discloses a communication system (Fig.1(A,B)) comprising: a first terminal (See Fig.1(A,B)); (Fig.15,17); first transmitting terminal)) and a second terminal (See Fig.1(A,B)); (Fig.16,18); second receiving terminal), wherein the first terminal (Fig.15,17); first transmitting terminal)) includes a transmitter that transmits (Fig.15(1502)), to the second terminal (See Fig.1(A,B)); (Fig.16,18); second receiving terminal), a sidelink demodulation reference signal (See Fig.7;(701);[0075]; [0126]; receiving sidelink DMRS) via a Demodulation reference signal (DMRS) port (See Fig.14(A,B); [0163]; sidelink DMRS are received through DMRS port), and a processor (Fig.18(1801)) that specifies the DMRS port (See Fig.14(A,B); [0157]; [0163]; transmission mode, e.g., a 2-port transmission mode, may be adopted by the new UE so as to improve the transmission reliability) in control information to be transmitted to the second terminal (See [0157]; [0163]; transmitting SA configuration to second terminal)), and wherein the second terminal (See Fig.1(A,B)); (Fig.16,18); second receiving terminal) includes a receiver that receives (Fig.1(16,18)), from the first terminal (See Fig.1(A,B)); (Fig.15,17); first transmitting terminal)), the sidelink demodulation reference signal via the DMRS port (See Fig.14(A,B); [0157]; [0163]; transmission mode, e.g., a 2-port transmission mode, may be adopted by the new UE so as to improve the transmission reliability), and a processor (Fig.18(1801)) that specifies the DMRS port (See Fig.14(A,B); [0157]; [0163]; transmission mode, e.g., a 2-port transmission mode, may be adopted by the new UE so as to improve the transmission reliability) for receiving the sidelink demodulation reference signal, the DMRS port being specified by using control information received from the first terminal (See [0157]; [0163]; SA information comprising port differential is transmitted to receiving UE for adaptation). a transmitter (Fig.15(1502)) that transmits a physical sidelink shared channel (PSSCH) for data transmission (See [0075]; first PSSCH data to be transmitted) and a second sidelink demodulation reference signal (See [0086]; [0092]; There is a second sidelink demodulation reference signal to be transmitted after receiving first sidelink demodulation reference signal from another terminal, as configured by sidelink features), But Zhao fails to explicitly recite about wherein total transmission power for the PSSCH includes at least transmission power for the data, transmission power for the second sidelink demodulation reference signal, and transmission power for a channel state information reference signal (CSI-RS), and wherein the processor adjusts transmission power for the PSSCH and transmission power for the phase tracking reference signal, such that transmission power per resource element for the PSSCH summed over all transmit ports used for the transmissions and transmission power per resource element for the phase tracking reference signal summed over all the transmit ports used for the transmissions and transmission power per resource element for the CSI-RS summed over all transmit ports used for transmission of the CSI-RS are a same value. However in analogous art, Maki teaches a transmitter (See Fig.(5,6)(105); Column 7, lines (35-48); transmitter) that transmits a physical sidelink shared channel (PSSCH) for data transmission and a phase tracking reference signal (See Fig.(5,6)(105); Column 7, lines (35-48); transmitter); transmitter 105 transmits PT-RS and the data signal with the determined transmission power.), wherein the processor adjusts transmission power for the data and the transmission power for the phase tracking reference signal (See Column 9, lines (1-8);(40-48); transmission power for each RE to be configured for the data and PT-RS at each of antenna ports 1000 and 1001 before (before adjustment) reducing the transmission power, and, the right sides of FIGS. 9 to 13 illustrate the transmission 45 power for each of antenna ports 1000 and 1001 after (after adjustment) reducing the transmission power, and the transmission power for each RE of the data and PT-RS.) such that transmission power per resource element (See Column 9, lines (40-48); Column 11; lines (30-34); transmission power for each RE) for the PSSCH (See Column 11; lines (24-29); transmission data) summed over all transmit ports used for the transmissions (See Column 4, lines (58-63); data transmission summed in all ports) and transmission power per resource element (See Column 9, lines (40-48); Column 11; lines (30-34); transmission power for each RE) for the phase tracking reference signal (See Column 11; lines (24-29); PT-RS) summed over all the transmit ports used for the transmissions (See Column 4, lines (58-63); data transmission summed in all ports) are a same value. (See Fig.13; Column 11, lines (22-34); data signal and PT-RS are transmitted with same power value). Zhao and Maki are analogous art because they all pertain to cellular wireless telecommunications. Zhao teaches about sidelink control and data transmission between two terminals. Maki teaches about adjusting transmission power for data transmission and phase tracking reference signal to be equal for RE between a base station and a mobile station. Zhao could use Maki features in order to control the transmission power summed for all ports not to exceed the maximum power for data transmission in PSSCH channel. Therefore it would have been obvious to one of ordinary skill at the time of the filling of the application to combine Zhao and Maki as to obtain an efficient cellular communication system. But Zhao and Maki fail to explicitly recite about total transmission power for the PSSCH include CSI-RS signal and transmission power per resource element for the CSI-RS summed over all transmit ports used for transmission of the CSI-RS are at a same value However in an analogous art, Noh teaches about achieving full power utilization of CSl-RS transmission at the same level of power boosting for multiple ports for a channel (See [0180]; [0205-0207]). Zhao, Maki and Noh are analogous art because they all pertain to cellular wireless telecommunications. Zhao teaches about sidelink control and data transmission between two terminals. Maki teaches about adjusting transmission power for data transmission and phase tracking reference signal to be equal for RE between a base station and a mobile station. Noh teaches about achieving full power utilization of CSl-RS transmission at the same level of power boosting for multiple ports for a channel Zhao and Maki could use Noh features in order to control the transmission power summed for all ports for CSI-RS reference signal just like data and second sidelink reference signal in PSSCH channel. Therefore it would have been obvious to one of ordinary skill at the time of the filling of the application to combine Zhao, Maki and Noh as to obtain an efficient cellular communication system. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 GARY LAFONTANT whose telephone number is (571)272-3037. The examiner can normally be reached 10:00AM -6:00PM. 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, Jeanette Parker can be reached at 571-2703647. 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. /GARY LAFONTANT/Primary Examiner, Art Unit 2646
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Prosecution Timeline

Show 16 earlier events
Aug 22, 2025
Non-Final Rejection mailed — §103
Nov 20, 2025
Response Filed
Dec 22, 2025
Final Rejection mailed — §103
Mar 20, 2026
Request for Continued Examination
Mar 24, 2026
Response after Non-Final Action
Mar 27, 2026
Non-Final Rejection mailed — §103
Jun 08, 2026
Response Filed
Jun 24, 2026
Final Rejection mailed — §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
73%
Grant Probability
74%
With Interview (+1.0%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allowance rate.

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