Prosecution Insights
Last updated: April 19, 2026
Application No. 18/002,142

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §103
Filed
Dec 16, 2022
Examiner
SEFCHECK, GREGORY B
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
3 (Non-Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
3y 8m
To Grant
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
469 granted / 677 resolved
+11.3% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
59 currently pending
Career history
736
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
22.6%
-17.4% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 677 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . RCE filed 10/29/2025 is acknowledged. Claims 9-13 have been amended and remain pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/29/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claims 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US20220279538A1; “Jung”) in view of Yang et al. (US20210259010A1; “Yang”). Regarding claim 9, Jung discloses a terminal (Fig. 1, UE 110; paragraph 15) comprising a receiver (Fig. 5, transceiver 570/antenna 575; paragraph 137) that receives first downlink control information including information related to a resource for a UL transmission to be cancelled (Fig. 3, step 300; paragraph 21-31, 110, 124; PUCCH config/resource), receives information related to a priority of an uplink shared channel scheduled by second downlink control information (Fig. 3, step 320; paragraph 110, 124; UL grant of high-priority PUSCH), and receives information related to a priority of an uplink control channel for transmitting HARQ-ACK for a semi-persistently transmitted downlink shared channel (Fig. 3, step 330; paragraph 11, 22-50, 65, 113-131; UCI includes HARQ-ACK for semi-persistent DL assignment/PDSCH of corresponding priority) that is configured by a higher layer parameter (paragraph 26-29, 37, 59, 67-69; RRC configuration indicating priority of corresponding grants). Jung further discloses a processor (Fig. 5, controller 520; paragraph 136, 162) that, when the uplink control channel for transmitting the HARQ-ACK for the semi-persistently transmitted downlink shared channel and the uplink shared channel overlap in a time domain and when the uplink shared channel uses the resource for the UL transmission to be cancelled, controls to cancel transmission of the uplink shared channel after multiplexing the HARQ-ACK with the uplink shared channel or cancelling the uplink control channel for transmitting the HARQ-ACK, based on the priority of the uplink control channel for transmitting the HARQ-ACK and the priority of the uplink shared channel (Fig. 3, steps 320-340; paragraph 12, 20-29, 110, 124; UE determines which PUSCH/PUCCH to transmit among colliding/overlapping according to dropping/multiplexing rules related to the priorities of PUSCH/PUCCH/HARQ-ACK; see also Fig. 4) which is assumed that no case of priority of the control channel is higher than priority of the shared channel (paragraph 40; alternatively, the UE may not be expected – i.e. assumes – to be configured with a high priority PUCCH overlapping a PUSCH). Jung does not expressly disclose the use of DCI format 2_4 to control cancellation of the UL transmission. Yang discloses use of DCI format 2_4 to control cancellation of the UL transmission (paragraphs 73, 164, 165; use of DCI format 2_4 to cancel one of multiple overlapping UL transmissions PUSCH/PUCCH/SRS based on priorities). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Jung through use of DCI format 2_4 to control cancellation of the UL transmission, as shown by Yang, thereby avoiding problematic scenarios, increased computational complexity, and inefficient resource utilization at the UE. Regarding claim 11, Jung discloses a radio communication method (Fig. 3-4) for a terminal (Fig. 1, UE 110) comprising receiving first downlink control information including information related to a resource for a UL transmission to be cancelled (Fig. 3, step 300; paragraph 21-31, 110, 124; PUCCH config/resource), receiving information related to a priority of an uplink shared channel scheduled by second downlink control information (Fig. 3, step 320; paragraph 110, 124; UL grant of high-priority PUSCH), and receiving information related to a priority of an uplink control channel for transmitting HARQ-ACK for a semi-persistently transmitted downlink shared channel (Fig. 3, step 330; paragraph 11, 22-50, 65, 113-131; UCI includes HARQ-ACK for semi-persistent DL assignment/PDSCH of corresponding priority) that is configured by a higher layer parameter (paragraph 26-29, 37, 59, 67-69; RRC configuration indicating priority of corresponding grants). Jung further discloses, when the uplink control channel for transmitting the HARQ-ACK for the semi-persistently transmitted downlink shared channel and the uplink shared channel overlap in a time domain and when the uplink shared channel uses the resource for the UL transmission to be cancelled, controlling to cancel transmission of the uplink shared channel after multiplexing the HARQ-ACK with the uplink shared channel or cancelling the uplink control channel for transmitting the HARQ-ACK, based on the priority of the uplink control channel for transmitting the HARQ-ACK and the priority of the uplink shared channel (Fig. 3, steps 320-340; paragraph 12, 20-29, 110, 124; UE determines which PUSCH/PUCCH to transmit among colliding/overlapping according to dropping/multiplexing rules related to the priorities of PUSCH/PUCCH/HARQ-ACK; see also Fig. 4) which is assumed that no case of priority of the control channel is higher than priority of the shared channel (paragraph 40; alternatively, the UE may not be expected – i.e. assumes – to be configured with a high priority PUCCH overlapping a PUSCH). Jung does not expressly disclose the use of DCI format 2_4 to control cancellation of the UL transmission. Yang discloses use of DCI format 2_4 to control cancellation of the UL transmission (paragraphs 73, 164, 165; use of DCI format 2_4 to cancel one of multiple overlapping UL transmissions PUSCH/PUCCH/SRS based on priorities). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Jung through use of DCI format 2_4 to control cancellation of the UL transmission, as shown by Yang, thereby avoiding problematic scenarios, increased computational complexity, and inefficient resource utilization at the UE. Regarding claim 12, Jung discloses a base station (Fig. 1, base station 120/125; paragraph 15) comprising a transmitter (Fig. 5, transceiver 570/antenna 575; paragraph 137) that transmits first downlink control information including information related to a resource for a UL transmission to be cancelled (Fig. 3, step 300; paragraph 21-31, 110, 124; PUCCH config/resource), transmits information related to a priority of an uplink shared channel scheduled by second downlink control information (Fig. 3, step 320; paragraph 110, 124; UL grant of high-priority PUSCH), and transmits information related to a priority of an uplink control channel for transmitting HARQ-ACK for a semi-persistently transmitted downlink shared channel (Fig. 3, step 330; paragraph 11, 22-50, 65, 113-131; UCI includes HARQ-ACK for semi-persistent DL assignment/PDSCH of corresponding priority) that is configured by a higher layer parameter (paragraph 26-29, 37, 59, 67-69; RRC configuration indicating priority of corresponding grants). Jung further discloses a processor (Fig. 5, controller 520; paragraph 136, 162) that, when the uplink control channel for transmitting the HARQ-ACK for the semi-persistently transmitted downlink shared channel and the uplink shared channel overlap in a time domain and when the uplink shared channel uses the resource for the UL transmission to be cancelled, indicates, by the first downlink control information, cancellation of the UL transmission after a multiplexing process or a cancellation process is performed, based on the priority of the uplink control channel for transmitting the HARQ-ACK and the priority of the uplink shared channel (Fig. 3, steps 320-340; paragraph 12, 20-29, 110, 124; UE determines which PUSCH/PUCCH to transmit among colliding/overlapping according to dropping/multiplexing rules related to the priorities of PUSCH/PUCCH/HARQ-ACK; see also Fig. 4) which is assumed that no case of priority of the control channel is higher than priority of the shared channel (paragraph 40; alternatively, the UE may not be expected – i.e. assumes – to be configured with a high priority PUCCH overlapping a PUSCH). Jung does not expressly disclose the use of DCI format 2_4 to control cancellation of the UL transmission. Yang discloses use of DCI format 2_4 to control cancellation of the UL transmission (paragraphs 73, 164, 165; use of DCI format 2_4 to cancel one of multiple overlapping UL transmissions PUSCH/PUCCH/SRS based on priorities). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Jung through use of DCI format 2_4 to control cancellation of the UL transmission, as shown by Yang, thereby avoiding problematic scenarios, increased computational complexity, and inefficient resource utilization at the UE. Regarding claim 13, Jung discloses a system (Fig. 1, system 100) comprising a terminal (Fig. 1, UE 110; paragraph 15) and a base station (Fig. 1, base station 120/125; paragraph 15), wherein the terminal comprises a receiver (Fig. 5, transceiver 570/antenna 575; paragraph 137) that receives first downlink control information including information related to a resource for a UL transmission to be cancelled (Fig. 3, step 300; paragraph 21-31, 110, 124; PUCCH config/resource), receives information related to a priority of an uplink shared channel scheduled by second downlink control information (Fig. 3, step 320; paragraph 110, 124; UL grant of high-priority PUSCH), and receives information related to a priority of an uplink control channel for transmitting HARQ-ACK for a semi-persistently transmitted downlink shared channel (Fig. 3, step 330; paragraph 11, 22-50, 65, 113-131; UCI includes HARQ-ACK for semi-persistent DL assignment/PDSCH of corresponding priority) that is configured by a higher layer parameter (paragraph 26-29, 37, 59, 67-69; RRC configuration indicating priority of corresponding grants). Jung further discloses a processor (Fig. 5, controller 520; paragraph 136, 162) that, when the uplink control channel for transmitting the HARQ-ACK for the semi-persistently transmitted downlink shared channel and the uplink shared channel overlap in a time domain and when the uplink shared channel uses the resource for the UL transmission to be cancelled, controls to cancel transmission of the uplink shared channel after multiplexing the HARQ-ACK with the uplink shared channel or cancelling the uplink control channel for transmitting the HARQ-ACK, based on the priority of the uplink control channel for transmitting the HARQ-ACK and the priority of the uplink shared channel (Fig. 3, steps 320-340; paragraph 12, 20-29, 110, 124; UE determines which PUSCH/PUCCH to transmit among colliding/overlapping according to dropping/multiplexing rules related to the priorities of PUSCH/PUCCH/HARQ-ACK; see also Fig. 4). Jung further discloses the base station comprises a transmitter (Fig. 5, transceiver 570/antenna 575; paragraph 137) that transmits the first downlink control information, the information related to the priority of the uplink shared channel, and the information related to the priority of the uplink control channel (Fig. 3, step 300; paragraph 21-31, 110, 124; PUCCH config/resource; Fig. 3, step 320; paragraph 110, 124; UL grant of high-priority PUSCH; Fig. 3, step 330; paragraph 11, 22-50, 65, 113-131; UCI includes HARQ-ACK for semi-persistent DL assignment/PDSCH of corresponding priority) and a processor (Fig. 5, controller 520; paragraph 136, 162) that indicates, by the first downlink control information, cancellation of the UL transmission after the multiplexing or the cancelling is performed, based on the priority of the uplink control channel for transmitting the HARQ-ACK and the priority of the uplink shared channel (Fig. 3, steps 320-340; paragraph 12, 20-29, 110, 124; UE determines which PUSCH/PUCCH to transmit among colliding/overlapping according to dropping/multiplexing rules related to the priorities of PUSCH/PUCCH/HARQ-ACK; see also Fig. 4) which is assumed that no case of priority of the control channel is higher than priority of the shared channel (paragraph 40; alternatively, the UE may not be expected – i.e. assumes – to be configured with a high priority PUCCH overlapping a PUSCH). Jung does not expressly disclose the use of DCI format 2_4 to control cancellation of the UL transmission. Yang discloses use of DCI format 2_4 to control cancellation of the UL transmission (paragraphs 73, 164, 165; use of DCI format 2_4 to cancel one of multiple overlapping UL transmissions PUSCH/PUCCH/SRS based on priorities). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Jung through use of DCI format 2_4 to control cancellation of the UL transmission, as shown by Yang, thereby avoiding problematic scenarios, increased computational complexity, and inefficient resource utilization at the UE. Regarding claim 10, Jung discloses when the priority of the uplink control channel is low and the priority of the uplink shared channel is high, the processor controls to cancel transmission of the uplink shared channel after cancelling the uplink control channel (paragraphs 12, 18-29, 61, Tables 1-2; different examples/implementations of dropping/multiplexing rules based on various priorities of the PUCCH/PUSCH/UCI). See also Yang (paragraphs 73, 164, 165; use of DCI format 2_4 to cancel one of multiple overlapping UL transmissions PUSCH/PUCCH/SRS based on priorities) and motivation above. Response to Arguments Applicant's arguments filed 10/29/2025 have been fully considered but they are not persuasive. In the Remarks on pg. 9-10 of the Amendment, Applicant contends Jung fails to disclose configuring the priority of channels using a higher layer parameter. Applicant further argues that Jung fails to show the limitation moved up from dependent claim 10 in which it is assumed no case where the priority of the control channel is higher than the shared channel. Applicant also states that Yang fails to supply what Jung lacks on pg. 11-12 of the Amendment. The Examiner respectfully disagrees. As now shown in the rejection, Jung clearly discloses configuring the priority of channels using a higher layer parameter through disclosure at least in paragraphs 26-29 of RRC configuration indicating priority of corresponding grants on PUCCH and PUSCH. Further, paragraph 40 (as cited by Applicant) of Jung also discloses embodiments in which the UE is not expected to be configured with a high priority PUCCH that overlaps a PUSCH. This “expected” aspect of the disclosure directly maps to the contested limitation of “assuming” no case where the priority of the control channel is higher than the shared channel, given a broadest reasonable interpretation of the claimed limitation. Yang is not relied upon to teach these limitations, only to show the use of dci format 2_4. However, Yang does further show the use of higher layer/RRC configuration of priority in paragraph 172. Therefore, the rejections based on the combination of Jung and Yang are properly maintained. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY B SEFCHECK whose telephone number is (571)272-3098. The examiner can normally be reached Monday-Friday 6AM-4PM. 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, Chirag Shah can be reached on 571-272-3144. 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. /GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Dec 16, 2022
Application Filed
Dec 16, 2022
Response after Non-Final Action
Apr 07, 2025
Non-Final Rejection — §103
Jul 10, 2025
Response Filed
Jul 28, 2025
Final Rejection — §103
Oct 29, 2025
Request for Continued Examination
Nov 02, 2025
Response after Non-Final Action
Jan 26, 2026
Non-Final Rejection — §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

3-4
Expected OA Rounds
69%
Grant Probability
89%
With Interview (+20.0%)
3y 8m
Median Time to Grant
High
PTA Risk
Based on 677 resolved cases by this examiner. Grant probability derived from career allow rate.

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