Prosecution Insights
Last updated: October 02, 2026
Application No. 17/798,457

TERMINAL AND CAPABILITY INFORMATION TRANSMISSION METHOD

Non-Final OA §102§103
Filed
Aug 09, 2022
Priority
Feb 13, 2020 — nonprovisional of PCTJP2020005578
Examiner
APPIAH, CHARLES NANA
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
5 (Non-Final)
46%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
63%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
27 granted / 59 resolved
-16.2% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
26 currently pending
Career history
83
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
61.2%
+21.2% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 59 resolved cases

Office Action

§102 §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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/13/2026 has been entered. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang et al. (US 20200413350 A1). Regarding claim 1 and 5, Lim discloses (see Fig. 6) a terminal (wireless device) and a capability information transmission method executed by a terminal (see Fig. 6) comprising: a transmitter configured to transmit capability information to a base station ([0157] after generating capability information including power class information, a wireless device may transmit the generated information to a serving cell) wherein the transmitter transmits, as the capability information, each power class supported for each transmission technology in a plurality of transmission technologies to the base station ([0157] the power class information may be set for each new radio access technology (NR) band. The power class information may be determined based on the minimum peak effective isotropic radiated power (EIRP), maximum output limit, and spherical coverage and [0161] The power class information may include at least one of four power classes), and wherein the plurality of transmission technologies include one or more of Carrier Aggregation (0048] A carrier aggregation system is now described. [0049] A carrier aggregation system aggregates a plurality of component carriers (CCs). A meaning of an existing cell is changed according to the above carrier aggregation. According to the carrier aggregation, a cell may signify a combination of a downlink component carrier and an uplink component carrier or an independent downlink component carrier), Dual-Connectivity, Supplement Uplink, and UL MIMO. Regarding claim 4 Yang further discloses further comprising a receiver configured to receive a usable power class from the base station ([0082] There may be various types of UEs using NR, including handheld UEs, Fixed Wireless Access (FWA) devices, and vehicle mounted devices. Depending on the type of a UE, transmission power class may be set differently, which may be determined based on the minimum peak Effective Isotropic Radiated Power (EIRP) value due to beamforming supported by NR and the cumulative distribution function (CDF) value of a measured EIRP). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 2-3 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al in view of Huawei (3GPP TSG-RAN WG4 Meeting #93 R4-1915357). Regrading claim 2, Yang discloses a terminal as described above. Yang fails to teach the transmission unit transmits, to the base station apparatus, each power class supported for each transmission technology in the plurality of transmission technologies for each RAT in dual connectivity which is one of the transmission technologies. However, Huawei discloses the transmission unit transmits, to the base station apparatus, each power class supported for each transmission technology in the plurality of transmission technologies for each RAT in dual connectivity which is one of transmission technologies (note: EN DC stands for E-UTRA)-new radio dual connectivity). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Huawei’s EN DC in Yang’s terminal for improving network performance (Huawei section 2.2). Regarding claim 3, Yang discloses a terminal as described above. Takahashi fails to teach the plurality of transmission technologies include uplink MIMO. However, Huawei discloses the plurality of transmission technologies include uplink MIMO (Huawei section 2.2 note: this reads on UL MIMO). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Huawei’s EN DC in Yang’s terminal for improving network performance (Huawei section 2.2). Regarding claim 6, Yang in view of Huawei discloses a terminal as described above. Yang in view of Huawei further discloses the plurality of transmission technologies include uplink MIMO (Huawei section 2.2 note: this reads on UL MIMO). In regard to claim 7, Yang in view of Huawei discloses a terminal as described above. Yang further discloses a reception unit configured to receive a usable power class from the base station apparatus (([0082] There may be various types of UEs using NR, including handheld UEs, Fixed Wireless Access (FWA) devices, and vehicle mounted devices. Depending on the type of a UE, transmission power class may be set differently, which may be determined based on the minimum peak Effective Isotropic Radiated Power (EIRP) value due to beamforming supported by NR and the cumulative distribution function (CDF) value of a measured EIRP). Regarding claim 8, Yang in view of Huawei discloses a terminal as described above. Yang further discloses a reception unit configured to receive a usable power class from the base station apparatus (([0082] There may be various types of UEs using NR, including handheld UEs, Fixed Wireless Access (FWA) devices, and vehicle mounted devices. Depending on the type of a UE, transmission power class may be set differently, which may be determined based on the minimum peak Effective Isotropic Radiated Power (EIRP) value due to beamforming supported by NR and the cumulative distribution function (CDF) value of a measured EIRP). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fodor et al. (US 2012/0282922 A1) discloses a method for defining UE capability group in terms of the capabilities that UEs belonging to that capability group must have such as RAT capability, transmission mode capability, power class capability, carrier aggregation capability, etc. Huang (US 2021/0227379 A1) discloses a method for processing changes to a radio capability of a wireless terminal. Bengtsson et al. (WO 2021/037426 A1) discloses a method for a wireless terminal to report its supported power classes. Gupta et al. (WO 2021/091309 A1) discloses a method for handling encoding radio capability signaling information for a user equipment. .Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES N APPIAH whose telephone number is (571)272-7904. The examiner can normally be reached 8:00-5:30 M-TH. 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. 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. /CHARLES N APPIAH/Supervisory Patent Examiner, Art Unit 2641
Read full office action

Prosecution Timeline

Show 5 earlier events
Jul 29, 2025
Request for Continued Examination
Jul 30, 2025
Response after Non-Final Action
Sep 08, 2025
Non-Final Rejection mailed — §102, §103
Dec 08, 2025
Response Filed
May 15, 2026
Final Rejection mailed — §102, §103
Aug 13, 2026
Request for Continued Examination
Aug 14, 2026
Response after Non-Final Action
Sep 09, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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3y 7m to grant Granted Sep 22, 2026
Patent 12724157
EXTENDED WIDE-LANE CARRIER PHASE AVAILABILITY USING INERTIAL MEASUREMENT UNIT (IMU) FEEDBACK
3y 5m to grant Granted Sep 01, 2026
Patent 12652342
HANDHELD ELECTRONIC DEVICE
3y 9m to grant Granted Jun 09, 2026
Patent 12647898
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3y 11m to grant Granted Jun 02, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
46%
Grant Probability
63%
With Interview (+16.8%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 59 resolved cases by this examiner. Grant probability derived from career allowance rate.

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