Prosecution Insights
Last updated: October 02, 2026
Application No. 17/917,412

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Oct 06, 2022
Priority
Apr 07, 2020 — nonprovisional of PCTJP2020015738
Examiner
VAN ROIE, JUSTIN T
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
4 (Final)
83%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
303 granted / 366 resolved
+24.8% vs TC avg
Strong +37% interview lift
Without
With
+36.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
24 currently pending
Career history
402
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
48.4%
+8.4% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 366 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, see page 6, filed 4 June 2026, in view of the amendments with respect to claim 18 have been fully considered and are persuasive. The objection of the claim has been withdrawn. Applicant's arguments filed 4 June 2026 regarding the 103 rejections have been fully considered but they are not persuasive. Regarding claims 10-13 and 17-19, the applicant argued, “…this disclosure of Huawei is limited to supportedCSI-RS-ResourceList for each band…Huawei fails to teach reporting, as a third capability information for each band combination, information in combination with the maximum number N for the same active bandwidth part (BWP) across component carriers…Hao is silent to reporting information regarding a maximum number of transmission ports per resource as capability information for each band combination…” on pages 7-8. In response to applicant’s argument, the examiner respectfully disagrees with the above argument. In §2 Huawei clearly teaches the processor reports, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources and information regarding a maximum number of transmission ports per resource (§2: report capability information per band in the band combination including maxNrofCSI-RS-Resources of SupportedCSI-RS-ResourcePerBC and maxNumberTxPortsPerResource). The disclosure of Huawei is not “limited to supportedCSI-RS-ResourceList for each band. Huawei explicitly states at least “per-BC capability signaling for supportedCSI-RS-ResourceList”. Alternatively, Huawei also recites “maxNumberResourcesPerBand indicates the maximum number of CSI-RS resources across all CCs simultaneously”. In ¶¶60-64; figure 6C Hao clearly teaches the processor reports, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources simultaneously configured in same active BWPs across CCs and information regarding a maximum number of transmission ports per resource (¶¶60-64; figure 6C: UE reports per band-band combination capabilities including maxNumberSimultaneousNZP-CSI-RS-ActBWP-AllCC and totalNumberPortsSimultaneousNZP-CSI-RS-ActBWP-AllCC and maximum number of ports per band). As part of the “UE Capability Signaling” in ¶¶60-64, Hao discloses, in ¶60, that the UE can signal the maximum number of ports per band. Regarding claims 10-13 and 17-19, the applicant argued, “…Huawei makes no mention of the maximum number of transmission ports per resource being a value per band in the band combination…” on page 9. In response to applicant’s argument, the examiner respectfully disagrees with the above argument. In §2 Huawei clearly teaches the maximum number of transmission ports per resource is a value per band in the band combination (§2: the reporting type of maxNumberTxPortsPerResource is Type 3 meaning per band in the band combination). 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) 10-13 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huawei et al. 3GPP R2-2001486 “Discussion on under-reporting CSI-RS capabilities” (hereinafter referred to as “Huawei”) in view of Hao et al. US 2022/0271814 A1 (hereinafter referred to as “Hao”). Note: Huawei was cited by the applicant in the IDS received 6 October 2022. As to claim 10, Huawei teaches a terminal comprising: a processor that controls reporting of first capability information and second capability information regarding a channel state information reference signal (CSI-RS) resource for one or more codebooks per band and third capability information regarding a CSI-RS resource for one or more codebooks per band combination; and a transmitter that transmits the first capability information, the second capability information, and the third capability information (§2: UE reports codebookParameters indicating codebooks and the corresponding list of supporting CSI-RS for each of Band A, Band B, and BC A+B, the BC A+B capability being reported with new per-BC capability signaling), wherein the processor reports, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources and information regarding a maximum number of transmission ports per resource (§2: report capability information per band in the band combination including maxNrofCSI-RS-Resources of SupportedCSI-RS-ResourcePerBC and maxNumberTxPortsPerResource), the maximum number of transmission ports per resource is a value per band in the band combination (§2: the reporting type of maxNumberTxPortsPerResource is Type 3 meaning per band in the band combination). Although Huawei teaches “A terminal…a maximum number N of CSI-RS resources and information regarding a maximum number of transmission ports per resource…in the band combination,” Huawei does not explicitly disclose “simultaneously configured in same active BWPs across CCs” and “the maximum number…or equal to 64”. However, Hao teaches the processor reports, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources simultaneously configured in same active BWPs across CCs and information regarding a maximum number of transmission ports per resource (¶¶60-64; figure 6C: UE reports per band-band combination capabilities including maxNumberSimultaneousNZP-CSI-RS-ActBWP-AllCC and totalNumberPortsSimultaneousNZP-CSI-RS-ActBWP-AllCC and maximum number of ports per band), and the maximum number N of the CSI-RS resources simultaneously configured in the same active BWPs across the CCs is less than or equal to 64 (¶63; figure 6C: maxNumberSimultaneousNZP-CSI-RS-ActBWP-AllCC is an integer between 1 and 64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the apparatus described in Huawei by including “simultaneously configured in same active BWPs across CCs” and “the maximum number…or equal to 64” as taught by Hao because it provides Huawei’s apparatus with the enhanced capability of the number of resources and the number of ports configured by the gNB to be subject to the capability of the UE (Hao, ¶¶60-64). As to claim 11, Huawei in view of Hao teaches the terminal according to claim 10. Huawei further teaches wherein the processor supports reporting of different values as the first capability information and the second capability information (§2: supportedCSI-RS-ResourceList for Band A and supportedCSI-RS-ResourceList for Band B). As to claim 12, Huawei in view of Hao teaches the terminal according to claim 10. Huawei further teaches wherein when the first capability information, the second capability information, and the third capability information are reported, a CSI-RS resource corresponding to band combination is determined based on the second capability information and the third capability information, without using the first capability information (§2: candidate report values for Band B and BC A+B). As to claim 13, Huawei in view of Hao teaches the terminal according to claim 11. Huawei further teaches wherein when the first capability information, the second capability information, and the third capability information are reported, a CSI-RS resource corresponding to band combination is determined based on the second capability information and the third capability information, without using the first capability information (§2: candidate report values for Band B and BC A+B). As to claim 17, claim 17 is rejected the same way as claim 10. As to claim 18, Huawei teaches a base station comprising: a receiver that receives from a terminal, reporting of first capability information and second capability information regarding a channel state information reference signal (CSI-RS) resource for one or more codebooks per band and third capability information regarding a CSI-RS resource for one or more codebooks per band combination; and a processor that controls transmission of a CSI-RS resource based on at least one of the first capability information, the second capability information and the third capability information (§2: UE reports, to gNB, codebookParameters indicating codebooks and the corresponding list of supporting CSI-RS for each of Band A, Band B, and BC A+B, the BC A+B capability being reported with new per-BC capability signaling, and gNB configures CSI-RS accordingly), wherein the receiver receives from the terminal, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources and information regarding a maximum number of transmission ports per resource (§2: receive reported capability information per band in the band combination including maxNrofCSI-RS-Resources of SupportedCSI-RS-ResourcePerBC and maxNumberTxPortsPerResource), the maximum number of transmission ports per resource is a value per band in the band combination (§2: the reporting type of maxNumberTxPortsPerResource is Type 3 meaning per band in the band combination). Although Huawei teaches “A base station…a maximum number N of CSI-RS resources and information regarding a maximum number of transmission ports per resource…the band combination,” Huawei does not explicitly disclose “simultaneously configured in same active BWPs across CCs” and “the maximum number…or equal to 64”. However, Hao teaches wherein the terminal reports, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources simultaneously configured in same active BWPs across CCs and information regarding a maximum number of transmission ports per resource (¶¶60-64; figure 6C: UE reports, and BS receives, per band-band combination capabilities including maxNumberSimultaneousNZP-CSI-RS-ActBWP-AllCC and totalNumberPortsSimultaneousNZP-CSI-RS-ActBWP-AllCC and maximum number of ports per band), and the maximum number N of the CSI-RS resources simultaneously configured in the same active BWPs across the CCs is less than or equal to 64 (¶63; figure 6C: maxNumberSimultaneousNZP-CSI-RS-ActBWP-AllCC is an integer between 1 and 64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the apparatus described in Huawei by including “simultaneously configured in same active BWPs across CCs” and “the maximum number…or equal to 64” as taught by Hao because it provides Huawei’s apparatus with the enhanced capability of the number of resources and the number of ports configured by the gNB to be subject to the capability of the UE (Hao, ¶¶60-64). As to claim 19, Huawei teaches a system comprising a terminal and a base station, wherein terminal comprises: a processor that controls reporting of first capability information and second capability information regarding a channel state information reference signal (CSI-RS) resource for one or more codebooks per band and third capability information regarding a CSI-RS resource for one or more codebooks per band combination; and a transmitter that transmits the first capability information, the second capability information, and the third capability information (§2: UE reports codebookParameters indicating codebooks and the corresponding list of supporting CSI-RS for each of Band A, Band B, and BC A+B, the BC A+B capability being reported with new per-BC capability signaling), wherein the processor reports, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources and information regarding a maximum number of transmission ports per resource (§2: report capability information per band in the band combination including maxNrofCSI-RS-Resources of SupportedCSI-RS-ResourcePerBC and maxNumberTxPortsPerResource), the maximum number of transmission ports per resource is a value per band in the band combination (§2: the reporting type of maxNumberTxPortsPerResource is Type 3 meaning per band in the band combination); and the base station comprises: a receiver that receives the reporting of the first capability information and the second capability information, and the third capability information (§2: UE reports, to gNB, codebookParameters indicating codebooks and the corresponding list of supporting CSI-RS for each of Band A, Band B, and BC A+B, the BC A+B capability being reported with new per-BC capability signaling, and gNB configures CSI-RS accordingly). Although Huawei teaches “A system…a maximum number N of CSI-RS resources and information regarding a maximum number of transmission ports per resource…the band combination, and the base station…third capability information,” Huawei does not explicitly disclose “simultaneously configured in same active BWPs across CCs” and “the maximum number…or equal to 64”. However, Hao teaches wherein the processor reports, as the third capability information regarding a CSI-RS resource per band combination, a maximum number N of CSI-RS resources simultaneously configured in same active BWPs across CCs and information regarding a maximum number of transmission ports per resource (¶¶60-64; figure 6C: UE reports per band-band combination capabilities including maxNumberSimultaneousNZP-CSI-RS-ActBWP-AllCC and totalNumberPortsSimultaneousNZP-CSI-RS-ActBWP-AllCC and maximum number of ports per band), and the maximum number N of the CSI-RS resources simultaneously configured in the same active BWPs across the CCs is less than or equal to 64 (¶63; figure 6C: maxNumberSimultaneousNZP-CSI-RS-ActBWP-AllCC is an integer between 1 and 64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the system described in Huawei by including “simultaneously configured in same active BWPs across CCs” and “the maximum number…or equal to 64” as taught by Hao because it provides Huawei’s system with the enhanced capability of the number of resources and the number of ports configured by the gNB to be subject to the capability of the UE (Hao, ¶¶60-64). 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 JUSTIN T VAN ROIE whose telephone number is (571)270-0308. The examiner can normally be reached Monday - Friday 8:00am - 4:30pm. 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, Ian N Moore can be reached at 571-272-3085. 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. /JUSTIN T VAN ROIE/Primary Examiner, Art Unit 2469
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Prosecution Timeline

Show 3 earlier events
Jun 11, 2025
Response Filed
Sep 24, 2025
Final Rejection mailed — §103
Nov 21, 2025
Response after Non-Final Action
Dec 19, 2025
Request for Continued Examination
Jan 06, 2026
Response after Non-Final Action
Mar 05, 2026
Non-Final Rejection mailed — §103
Jun 04, 2026
Response Filed
Aug 19, 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

5-6
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+36.8%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 366 resolved cases by this examiner. Grant probability derived from career allowance rate.

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