Prosecution Insights
Last updated: April 19, 2026
Application No. 17/754,281

TERMINAL AND RECEPTION METHOD

Final Rejection §103
Filed
Mar 29, 2022
Examiner
NGUYEN, CHUONG M
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
4 (Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
3y 2m
To Grant
92%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
330 granted / 457 resolved
+14.2% vs TC avg
Strong +19% interview lift
Without
With
+19.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
61 currently pending
Career history
518
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
65.0%
+25.0% vs TC avg
§102
9.2%
-30.8% vs TC avg
§112
15.7%
-24.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 457 resolved cases

Office Action

§103
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 . DETAILED ACTION a. Claims 9 and 11-13 in the present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA : - claim 13 is new b. This is a final action on the merits based on Applicant’s claims submitted on 11/26/2025. Response to Arguments Regarding Independent claims 9, 11, and 12 previously rejected under 35 U.S.C. § 103, Applicant's arguments, see “On the other hand and in contrast to the above-referenced limitation, Huawei teaches that the RSS resource may be pre-defined or may be derived from Cell ID. While Huawei may not explicitly state that the Cell ID is for the neighbor cell in which the RSS will be transmitted, the Cell ID belonging to the neighbor cell is at least implied from Huawei. For example, Huawei states that "[t]o allow different frequency location of RSS in different cells, one discussed option was that several potential RSS positions can be pre-defined or derived from Cell ID. Then a cell-specific RRC signaling can be used to configure the RSS frequency location. In this way, the signaling overhead can be reduced while retaining the flexibility of RSS frequency locations." Huawei, section 2.3. "The RSS time offset & RSS frequency location is a function of Cell ID, i.e. no signaling bits required." Id. Accordingly, Huawei teaches that the Cell ID of the neighbor cell is used to determine the RSS resource position of the neighbor cell. Thus, Huawei fails to teach that in response to NOT receiving indication of the Cell ID of the neighbor cell, an RSS resource position of a serving cell is used to determine the RSS resource position of the neighbor cell. Therefore, Huawei, like Fang, fails to teach at least the above-referenced limitation of independent claim 9.” on page 6, filed on 11/26/2025, with respect to U.S. Patent Application Publication No. 2022/0329381 ("Fang") in view of non-patent literature document 3GPP R1-1908711, Huawei, "Considerations on RSS for measurement improvements," August 26-30, 2019 ("Huawei"), have been fully considered but not persuasive. Huawei discloses a terminal (i.e. eMTC UE) is configured to receive support information to support measurement by a re-synchronisation signal (RSS) of adjacent cells (i.e. neighbor cells) (Option 1: Reduce the signaling resolution and UE search for exact RSS location). It is described that a resynchronization signal of the adjacent cell is received (refer to the Sections 1, 2.1, and Section 2. 3, Method 5). Based on the relationship between the resource position of the resynchronization signal of the adjacent cell and the resource position of the resynchronization signal of the serving cell, It is described that the location of the resource to which the resynchronization signal of the adjacent cells can be transmitted, is determined (The RSS frequency location of neighbor cells are within a frequency block relative to the RSS frequency location of the serving cell, e.g. the frequency block can be a narrowband), and it is recognized that the terminal receives the resynchronization signal of the adjacent cells based on the location. In this scenario, according to Huawei’s teaching, there is no need for a Cell ID information in order to determine the RSS resource location. The Huawei’s reference, as combined with the Fang’s reference, discloses each and every limitation of the present claims, and therefore render the claims 9, 11, and 12 obvious. Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Fang's re-synchronization signal (RSS) configuration indication to include Huawei's method of measuring RSS, in order to significantly reduce signaling overhead (Huawei, section 2.3). Thus, a person of ordinary skill would have appreciated the ability to incorporate Huawei's method of measuring RSS into Fang's re-synchronization signal (RSS) configuration indication since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. The Examiner respectfully disagrees with the applicant’s arguments that the Examiner fails to establish a prima facie case of obviousness MPEP § 2141. Claims 9, 11, and 12 are still being rejected on the same grounds for rejection as before. 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 of this title, 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. 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 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. Claims 9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Fang et al. US Pub 2022/0329381, claiming foreign application CN111092702 priority 2019-07-24 (hereinafter “Fang”), and in view of Huawei NPL “Considerations on RSS for measurement improvements”, 3GPP R1-1908711, Aug 26-30, 2019 (hereinafter “Huawei”). Regarding claim 9 Fang discloses a terminal (“FIG. 18 is a schematic structural diagram of a terminal provided in an embodiment of the present disclosure” [0230]; Fig. 18) comprising: a processor (“first acquisition apparatus 1820” in Fig. 18; [0230]) configured, to determine a pattern of a position of a resource (e.g. “RSS frequency domain position”) by which a resynchronization signal of the neighbor cell can be transmitted (“an idle MTC terminal needs to obtain configuration information of a re-synchronization signal (RSS) of each neighboring cell in advance, and the configuration information includes an RSS frequency domain position, an RSS time domain offset and a number of cell-specific reference signal (CRS) ports.” [0003]); and a receiver (“first receiving module 1810” in Fig. 18; [0230]) configured to receive a resynchronization signal of the neighbor cell based on the pattern (“The first receiving module 1810 is configured to receive first information from a base station, the first information includes a re-synchronization signal (RSS) configuration indication, and the RSS configuration indication is used for indicating whether RSS configuration information of a neighboring cell is the same as RSS configuration information of a serving cell.” [0230])., wherein the assist information (i.e. “RSS configuration information”) comprises an indication that indicates a cell ID of the neighbor cell (“For example, FIG. 20 is a schematic structural diagram of a terminal provided in an embodiment of the present disclosure. The terminal may further include a third acquisition apparatus 2010. The third acquisition apparatus 2010 is configured to acquire the RSS configuration information of the neighboring cell according to a cell identifier of the neighboring cell in a case where the RSS configuration information of the neighboring cell is different from the RSS configuration information of the serving cell.” [0234]; see page 20 of the CN111092702 English translation), and wherein the pattern includes a frequency position candidate (i.e. “RSS frequency domain position”) and a time position (i.e. “RSS time domain offset”) candidate of a resynchronization signal of the neighbor cell (“For example, the RSS configuration information of the neighboring cell being the same as the RSS configuration information of the serving cell includes at least one of: an RSS frequency domain position of the neighboring cell is the same as an RSS frequency domain position of the serving cell; an RSS time domain offset of the neighboring cell is the same as an RSS time domain offset of the serving cell; or a number of cell-specific reference signal (CRS) ports of the neighboring cell is the same as a number of CRS ports of the serving cell.” [0047]). Fang does not specifically teach in response to assist information that assists measurement of a resynchronization signal of a neighbor cell is not being received, to determine a pattern of a position of a resource by which a resynchronization signal of the neighbor cell can be transmitted, based on a relationship between a resource position of a resynchronization signal of the neighbor cell and a resource position of a resynchronization signal of a serving cell. In an analogous art, Huawei discloses a terminal is configured (i.e. “eMTC UE” section 2.1) in response to assist information that assists measurement of a resynchronization signal of a neighbor cell (“To reduce signalling bits for RSS frequency location and RSS time offsets, two options were discussed and option 2 was agreed as the working assumption in the last meeting: Option 1: Reduce the signaling resolution and UE search for exact RSS location” section 2.1) is not being received ( “To allow different frequency location of RSS in different cells, one discussed option was that several potential RSS positions can be pre-defined or derived from Cell ID. Then a cell-specific RRC signaling can be used to configure the RSS frequency location. In this way, the signaling overhead can be reduced while retaining the flexibility of RSS frequency locations.” Section 2.3), to determine a pattern of a position of a resource by which a resynchronization signal of the neighbor cell can be transmitted (“Method 3: The restricted RSS locations are dependent upon the Cell ID” section 2.3), based on a relationship between a resource position of a resynchronization signal of the neighbor cell and a resource position of a resynchronization signal of a serving cell (It is described that a resynchronization signal of the adjacent cell is received (refer to the Sections 1, 2.1, and Section 2. 3, Method 5). Based on the relationship between the resource position of the resynchronization signal of the adjacent cell and the resource position of the resynchronization signal of the serving cell, It is described that the location of the resource to which the resynchronization signal of the adjacent cells can be transmitted, is determined (The RSS frequency location of neighbor cells are within a frequency block relative to the RSS frequency location of the serving cell, e.g. the frequency block can be a narrowband), and it is recognized that the terminal receives the resynchronization signal of the adjacent cells based on the location. In this scenario, according to Huawei’s teaching, there is no need for a Cell ID information in order to determine the RSS resource location). Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Fang’s re-synchronization signal (RSS) configuration indication to include Huawei’s method of measuring RSS, in order to significantly reduce signaling overhead (Huawei, section 2.3). Thus, a person of ordinary skill would have appreciated the ability to incorporate Huawei’s method of measuring RSS into Fang’s re-synchronization signal (RSS) configuration indication since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Regarding claim 11 A reception method executed by a terminal, comprising: in response to assist information that assists measurement of a resynchronization signal of a neighbor cell is not being received, determining a pattern of a position of a resource by which a resynchronization signal of the neighbor cell can be transmitted, based on a relationship between a resource position of a resynchronization signal of the neighbor cell and a resource position of a resynchronization signal of a serving cell; and receiving a resynchronization signal of the neighbor cell based on the pattern, wherein the assist information comprises an indication that indicates a cell ID of the neighbor cell, and wherein the pattern includes a frequency position candidate and a time position candidate of a resynchronization signal of the neighbor cell. The scope and subject matter of method claim 11 is drawn to the method of using the corresponding apparatus claimed in claim 9. Therefore method claim 11 corresponds to apparatus claim 9 and is rejected for the same reasons of obviousness as used in claim 9 rejection above. Regarding claim 12 Fang discloses a communication system comprising: a terminal (“FIG. 18 is a schematic structural diagram of a terminal provided in an embodiment of the present disclosure” [0230]; Fig. 18) comprising: a processor (“first acquisition apparatus 1820” in Fig. 18; [0230]) configured, to determine a pattern of a position of a resource by which a resynchronization signal of the neighbor cell can be transmitted (“an idle MTC terminal needs to obtain configuration information of a re-synchronization signal (RSS) of each neighboring cell in advance, and the configuration information includes an RSS frequency domain position, an RSS time domain offset and a number of cell-specific reference signal (CRS) ports.” [0003]); and a receiver (“first receiving module 1810” in Fig. 18; [0230]) configured to receive a resynchronization signal of the neighbor cell based on the pattern (“The first receiving module 1810 is configured to receive first information from a base station, the first information includes a re-synchronization signal (RSS) configuration indication, and the RSS configuration indication is used for indicating whether RSS configuration information of a neighboring cell is the same as RSS configuration information of a serving cell.” [0230]), wherein the assist information (i.e. “RSS configuration information”) comprises an indication that indicates a cell ID of the neighbor cell (“For example, FIG. 20 is a schematic structural diagram of a terminal provided in an embodiment of the present disclosure. The terminal may further include a third acquisition apparatus 2010. The third acquisition apparatus 2010 is configured to acquire the RSS configuration information of the neighboring cell according to a cell identifier of the neighboring cell in a case where the RSS configuration information of the neighboring cell is different from the RSS configuration information of the serving cell.” [0234]; see page 20 of the CN111092702 English translation), and wherein the pattern includes a frequency position candidate (i.e. “RSS frequency domain position”) and a time position candidate (i.e. “RSS time domain offset”) of a resynchronization signal of the neighbor cell (“For example, the RSS configuration information of the neighboring cell being the same as the RSS configuration information of the serving cell includes at least one of: an RSS frequency domain position of the neighboring cell is the same as an RSS frequency domain position of the serving cell; an RSS time domain offset of the neighboring cell is the same as an RSS time domain offset of the serving cell; or a number of cell-specific reference signal (CRS) ports of the neighboring cell is the same as a number of CRS ports of the serving cell.” [0047]); and a base station apparatus (i.e. “first sending module 1610 ” in base station in Fig. 16; [0221]) configured to transmit a resynchronization signal of the serving cell (“first information is received from a base station, where the first information includes a re-synchronization signal (RSS) configuration indication, and the RSS configuration indication is used for indicating whether RSS configuration information of a neighboring cell is the same as RSS configuration information of a serving cell” [0006]); and another base station apparatus (“FIG. 17 is a schematic structural diagram of a base station provided in an embodiment of the present disclosure.” [0224]) configured to transmit a resynchronization signal of the neighbor cell (“the RSS configuration information of the neighboring cell is acquired according to the RSS configuration information of the serving cell in a case where the RSS configuration information of the neighboring cell is the same as the RSS configuration information of the serving cell” [0006]). Fang does not specifically teach in response to assist information that assists measurement of a resynchronization signal of a neighbor cell is not being received, to determine a pattern of a position of a resource by which a resynchronization signal of the neighbor cell can be transmitted, based on a relationship between a resource position of a resynchronization signal of the neighbor cell and a resource position of a resynchronization signal of a serving cell. In an analogous art, Huawei discloses a terminal is configured (i.e. “eMTC UE” section 2.1) in response to assist information that assists measurement of a resynchronization signal of a neighbor cell (“To reduce signalling bits for RSS frequency location and RSS time offsets, two options were discussed and option 2 was agreed as the working assumption in the last meeting: Option 1: Reduce the signaling resolution and UE search for exact RSS location” section 2.1) is not being received (“To allow different frequency location of RSS in different cells, one discussed option was that several potential RSS positions can be pre-defined or derived from Cell ID. Then a cell-specific RRC signaling can be used to configure the RSS frequency location. In this way, the signaling overhead can be reduced while retaining the flexibility of RSS frequency locations.” Section 2.3), to determine a pattern of a position of a resource by which a resynchronization signal of the neighbor cell can be transmitted (“Method 3: The restricted RSS locations are dependent upon the Cell ID” section 2.3 and furthermore “Method 5: The RSS frequency location of neighbor cells are within a frequency block relative to the RSS frequency location of the serving cell, e.g. the frequency block can be a narrowband” section 2.3), based on a relationship between a resource position of a resynchronization signal of the neighbor cell and a resource position of a resynchronization signal of a serving cell (It is described that a resynchronization signal of the adjacent cell is received (refer to the Sections 1, 2.1, and Section 2. 3, Method 5). Based on the relationship between the resource position of the resynchronization signal of the adjacent cell and the resource position of the resynchronization signal of the serving cell, It is described that the location of the resource to which the resynchronization signal of the adjacent cells can be transmitted, is determined (The RSS frequency location of neighbor cells are within a frequency block relative to the RSS frequency location of the serving cell, e.g. the frequency block can be a narrowband), and it is recognized that the terminal receives the resynchronization signal of the adjacent cells based on the location. In this scenario, according to Huawei’s teaching, there is no need for a Cell ID information in order to determine the RSS resource location). Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Fang’s re-synchronization signal (RSS) configuration indication to include Huawei’s method of measuring RSS, in order to significantly reduce signaling overhead (Huawei, section 2.3). Thus, a person of ordinary skill would have appreciated the ability to incorporate Huawei’s method of measuring RSS into Fang’s re-synchronization signal (RSS) configuration indication since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Regarding claim 13 (New) Fang, as modified by Huawei, previously discloses the terminal according to claim 9, Huawei further discloses wherein in response to the receiver not receiving the indication that indicates the cell ID of the neighbor cell (“To allow different frequency location of RSS in different cells, one discussed option was that several potential RSS positions can be pre-defined or derived from Cell ID. Then a cell-specific RRC signaling can be used to configure the RSS frequency location. In this way, the signaling overhead can be reduced while retaining the flexibility of RSS frequency locations.” Section 2.3), the processor determines the pattern of the position of the resource by which the resynchronization signal of the neighbor cell can be transmitted, based on the relationship between the resource position of the resynchronization signal of the neighbor cell and the resource position of the resynchronization signal of the serving cell (It is described that a resynchronization signal of the adjacent cell is received (refer to the Sections 1, 2.1, and Section 2. 3, Method 5). Based on the relationship between the resource position of the resynchronization signal of the adjacent cell and the resource position of the resynchronization signal of the serving cell, It is described that the location of the resource to which the resynchronization signal of the adjacent cells can be transmitted, is determined (The RSS frequency location of neighbor cells are within a frequency block relative to the RSS frequency location of the serving cell, e.g. the frequency block can be a narrowband), and it is recognized that the terminal receives the resynchronization signal of the adjacent cells based on the location. In this scenario, according to Huawei’s teaching, there is no need for a Cell ID information in order to determine the RSS resource location). 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 CHUONG M NGUYEN whose telephone number is (571)272-8184. The examiner can normally be reached M-F 10:00am - 6:30pm. 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, Derrick Ferris can be reached at 571-272-3123. 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. /CHUONG M NGUYEN/ Primary Examiner, Art Unit 2411
Read full office action

Prosecution Timeline

Mar 29, 2022
Application Filed
Sep 19, 2022
Response after Non-Final Action
Jul 30, 2024
Non-Final Rejection — §103
Nov 05, 2024
Response Filed
Jan 06, 2025
Final Rejection — §103
Apr 02, 2025
Request for Continued Examination
Apr 09, 2025
Response after Non-Final Action
Aug 27, 2025
Non-Final Rejection — §103
Nov 26, 2025
Response Filed
Jan 26, 2026
Final Rejection — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
72%
Grant Probability
92%
With Interview (+19.3%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 457 resolved cases by this examiner. Grant probability derived from career allow rate.

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