Prosecution Insights
Last updated: August 16, 2026
Application No. 18/003,041

RADIO COMMUNICATION NODE AND METHOD FOR RESOURCE-BASED LINK ESTABLISHMENT USING TIME AND FREQUENCY DOMAIN ALLOCATION

Non-Final OA §103
Filed
Dec 22, 2022
Priority
Jun 29, 2020 — nonprovisional of PCTJP2020025557
Examiner
PHAM, TITO Q
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
5 (Non-Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
383 granted / 532 resolved
+14.0% vs TC avg
Strong +19% interview lift
Without
With
+19.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
24 currently pending
Career history
561
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
58.7%
+18.7% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 532 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 Amendment This communication is in response to amendment filed on 3/6/2026. Claims 1 and 7-9 are pending. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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) 1 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miao (US Pub. No. 20220182977) in view of Luo et al. (US Pub. No. 2020/0351874) in view of Kowalski et al. (US Pub. No. 2022/0279511). Regarding claims 1 and 9, Miao discloses a radio communication node (figure 3 IAB-node 30a) a method comprising: a receiver (figure 7 RFED 715, paragraph 179) that receives, from a network, resource information indicating a type of a resource to be allocated to a radio link with a lower node (figure 2a step 202; paragraphs 4, 9, 36, 37, 39, 42, 48, and 59: IAB node receives resource configuration from CU of donor IAB node including indication of soft resources for child link); and a processor (figure 7 network controller circuitry 735) that establishes the radio link based on the resource information (paragraphs 4 and 59: IAB node starts using the available soft resources), wherein the receiver receives the resource information indicating a type of a time resource in a time domain and a type of a frequency resource in a frequency domain (paragraph 4, 59, 130 in view of figure 1 and paragraphs 47-50: type of time resource is soft and also the same (soft) for the frequency, i.e., n, n+1, n+2 slot/symbol occupy both time (horizontal line) and frequency (vertical line)); wherein the receiver receives the resource information that specifies the type for each combination of a time-domain position and a frequency-domain position (see figure 1 Case-1 DL TX of IAB-DU; paragraphs 39, 43, 44 and especially 59: n, n+1, or n_2 represent a time position on time axis and a frequency position on frequency (vertical) axis (combination), the type is soft for n, n+1, or n+2. Paragraph 59 further discloses soft configuration from parent node IAB donor for child link DU of IAB node). Miao does not teach the processor determines a periodicity to which transmission based on the resource information is applied according to an instruction from a central unit. In the same field of endeavor, Luo discloses the processor determines a periodicity to which transmission based on the resource information is applied according to an instruction from a central unit (figures 11 and 12: paragraphs 65,67, 69 and 70-73: receiving at a DU of IAB node a resource pattern from a central unit (CU) of an IAB-donor node, the resource pattern including a base resource pattern configured with a base periodicity of two or more slots and a plurality DU slot format indices within the base periodicity and determining a scheduling and communicating with child/neighboring IAB-nodes based on the resource pattern). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Miao the processor determines a periodicity to which transmission based on the resource information is applied according to an instruction from a central unit. The motivation would have been to execute configuration from IAB donor node for efficient operation in wireless communication (paragraph 5). Miao and Luo do not teach wherein the resource information indicates the frequency resource based on a resource block. Miao does teach resource block, in frequency domain, represents the smallest quantity of resources that can be allocated (paragraph 130). In the same field of endeavor, Kowalski discloses the resource information indicating the frequency resource based on a resource block (paragraph 48 in view of Tables 1 and 2: resource block comprises at least 12 subcarriers as allocated “resource” from parent node). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Miao, the resource information indicating the frequency resource based on a resource block taught by Luo. The motivation would have been to have the smallest time-frequency resource supported by the standard today (paragraph 48). Regarding claim 7, all limitations of claim 1 are disclosed above. Miao and Kowalski do not teach but Luo disclose processor determines the periodicity based on signaling according to an F1 application protocol (figure 5; paragraphs 59 and 68). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Miao and Kowalski processor determines the periodicity based on signaling according to an F1 application protocol. The motivation would have been to use standard application protocol between CU and DU. Regarding claim 8, all limitations of claim 1 are disclosed above. Miao and Luo both teach determine the size of time resource as the IAB node utilizes resource configuration for transmission with its child node (Miao’s paragraph 59 in view of paragraph 36 and Luo’s figure 12 step 1210 and paragraphs 58: DU of IAB node determines time resource (size) based on configuration from IAB donor for communication with IAB node’s child). Miao and Kowalski do not teach but Luo discloses the processor determines the size of the time resource based on signaling according to an F1 application protocol (figure 5; paragraphs 59 and 68). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Miao and Kowalski processor determines the size of the time resource based on signaling according to an F1 application protocol. The motivation would have been to use standard application protocol between CU and DU. Response to Arguments Applicant's arguments filed 03/06/2026 have been fully considered but they are not persuasive. In page 5-6 of Remark, regarding independent claims, the Applicant argues that Miao does not teach “wherein the receiver receives the resource information that specifies the type of each combination of a time-domain position and a frequency-domain position.” In particular, the Applicant argues that “the parameters n, n+1, n+2 (and k, k+1, k+2) in paragraphs [0043]-[0044] of Miao are purely time- domain symbol indices. These paragraphs of Miao describe time resources and how unused parent- link symbols translate into available soft resources for the child link. However, these paragraphs do not describe any frequency-domain position, and they also do not teach that the "type" is specified for each (time-frequency) combination.” Examiner respectfully disagrees. One skilled in the art knows communication transmission does not occur on time-domain alone (purely time-domain symbol indices as argued by the Applicant) without the associate frequency domain. Information can be sent on a frequency without time-domain, but it cannot be transmitted on a time-domain without a bandwidth/frequency. Thus, figure 1’s n, n+1, n+2 have both time-domain position (horizontal axis) and frequency-domain position (vertical axis). Furthermore, Figure 1 shows the type, Soft (NA and Available), in the Key area for n, n+1, and n+2. In pages 6-7 of Remark, regarding independent claims, the Applicant argues that Miao, Luo, and Kowalski fail to teach “wherein the resource information indicates the frequency resource based on a resource block.” In particular, the Applicant argues that “paragraph [0048] and the tables of Kowalski give an example in which an RB may comprise 12 subcarriers and 7 symbols (normal cyclic prefix), i.e., 84 resource elements. However, Kowalski does not teach that the received resource information indicates the frequency resource based on a resource block. The RB in paragraph [0048] of Kowalski is merely a general definitional explanation of how "resources" are structured. Further, the tables of Kowalski discuss resource types (D/U/F, H/S/NA) and slot pattern configuration, but they do not teach an RB-based frequency indication. In other words, Kowalski at most provides a background support for what an RB is, but fails to teach the signaling relationship as recited in the above-mentioned limitation (i). As such, Kowalski fails to remedy the defects of Miao and Luo with respect to the above-mentioned limitation (i).” Examiner respectfully disagrees. Miao’s invention teaches receiving resource information indicating available soft resources for a child link of an IAB node (abstract) and using the allocated available soft resource for communication with a child node via the child link. Miao’s paragraph 130 discloses resource block, in frequency domain, represents the smallest quantity of resources that can be allocated. One skilled in the art knows frequency resource is based on a resource block as the resource block itself contains information of the frequency domain/resource (smallest frequency resource to be allocated). Miao does not explicitly disclose resource information indicating the frequency resource based on a resource block. Kowalski’s paragraph 48 discloses the association between a resource block and frequency resource information. Thus, it would have been obvious to combine Kowalski’s teaching with Miao to teach the claimed limitation. In page 7 of Remark, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Miao teaches receiving resource information indicating available soft resources for a child link of an IAB node (abstract) and using the allocated available soft resource for communication with a child node via the child link. Miao’s paragraph 130 discloses resource block, in frequency domain, represents the smallest quantity of resources that can be allocated. In order to use the allocated frequency resource for communication on a child link, the node determines the allocated resource block itself contains information of the frequency domain/resource (which frequency to use, for example). Miao does not explicitly disclose resource information indicating the frequency resource based on a resource block. Kowalski’s paragraph 48 discloses the association between a resource block and frequency resource information. Thus, it would have been obvious to combine Kowalski’s teaching with Miao to teach the claimed limitation. 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 TITO Q PHAM whose telephone number is (571)272-4122. The examiner can normally be reached Monday-Friday: 9AM-6PM EST. 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, Faruk Hamza can be reached at 571-272-7969. 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. /TITO Q PHAM/Examiner, Art Unit 2466 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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Prosecution Timeline

Show 7 earlier events
Nov 14, 2025
Request for Continued Examination
Nov 23, 2025
Response after Non-Final Action
Dec 09, 2025
Non-Final Rejection mailed — §103
Mar 06, 2026
Response Filed
Apr 29, 2026
Final Rejection mailed — §103
Jul 27, 2026
Request for Continued Examination
Jul 28, 2026
Response after Non-Final Action
Aug 14, 2026
Non-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
72%
Grant Probability
91%
With Interview (+19.4%)
3y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 532 resolved cases by this examiner. Grant probability derived from career allowance rate.

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