Prosecution Insights
Last updated: August 18, 2026
Application No. 18/004,994

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Jan 10, 2023
Priority
Jul 31, 2020 — nonprovisional of PCTJP2020029556
Examiner
AHSAN, UMAIR
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
4 (Final)
69%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
285 granted / 411 resolved
+7.3% vs TC avg
Strong +32% interview lift
Without
With
+31.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
30 currently pending
Career history
452
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 411 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 . Priority Claims have priority date of filing of PCT application PCT/JP2020/029556 Filing Date 07/31/2020. Response to Amendment Office action in response to amendment entered 5/7/2026. Claims 7 and 12-14 are amended. Claim 9 is canceled, no claims are added. Claims 7 and 12-14 are pending. Response to Arguments Applicants remarks filed 5/7/2026 regarding the 25 USC 103 rejections of claims 7 and 12-14 are fully considered but are not found persuasive. Applicant submits that the combination as cited does not teach limitation “(i)”: "wherein the processor controls to simultaneously transmit the first UL transmission [with a first priority] and the second UL transmission [with a second priority different from the first priority] after resolving overlap of a plurality of UL transmissions with a same priority.” Examiner respectfully disagrees. Applicant’s main argument is that “Lee may allude to multiplexing UL transmissions based on priorities, Lee does not address, anywhere in its specification, the particular sequence of first resolving the overlap of a plurality of UL transmissions with a same priority, and subsequently controlling a first and second UL transmissions with different priorities, as required by limitation (i).” Applicant simply asserts a conclusory statement without addressing the specifics of the teaching of Lee cited in the rejection. Specifically, examiner cited Lee teaches this limitation as follows: ([0127] “ all BSRs or specific BSRs are reported to include information on latency and/or reliability for corresponding traffic together and a network may perform more appropriate scheduling to requirements of the UE based on the rule” thus teaching of “resolving overlap” [as broadly claimed] a plurality of UL transmission with a same priority, where latency/reliability is equivalent of “priority” see e.g. [0113] “SR for traffic with tight latency among a plurality of SRs may have as high priority”). Applicant does not address it and that is just not persuasive. Rejection is maintained. Applicant submits that the combination as cited does not teach limitation “(ii)”: "when higher layer signaling configuring the simultaneous transmission of the first UL transmission and the second UL transmission is configured, controls to simultaneously transmit the first UL transmission and the second UL transmission, [and] ... when the higher layer signaling configuring the simultaneous transmission of the first UL transmission and the second UL transmission is not configured, the processor controls to perform the first UL transmission and to not perform the second UL transmission." Examiner respectfully disagrees. Applicant’s main argument is that “while Lee addresses transmission behavior when higher layer signaling is configured, Lee is silent with respect to any action taken when such higher layer signaling is not configured.” In response Examiner has updated the rejection of the aforementioned limitation (ii) to include additional paragraphs of Lee which further clarify and show that Lee plainly teaches this limitation. Thus the rejections are maintained. 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) 7, 9, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. US 2020/0008227 in view of Papasakellariou US 2020/0137695. Consider Claim 14 Lee discloses A system comprising a terminal and a base station (Fig. 9 base station 20 terminal 10), wherein the terminal comprises: a transmitter of the terminal (Fig. 9 terminal 10 transmitter 13) that transmits capability information of the terminal regarding support of simultaneous transmission ([0124] “A rule may be defined to report simultaneous transmission capability (or, simply, simultaneous transmission capability of PUCCH and URLLC SR or simultaneous transmission capability of PUSCH and SR) of a long PUCCH and URLLC SR and/or a short PUCCH and URLLC SR to a network”) of a first uplink (UL) transmission with a first priority and a second UL transmission with a second priority ([0112] When a plurality of SRs for different specific services and/or latency needs to be transmitted at the same time [0118] “Priority may be determined with respect to a plurality of SRs “); a receiver of the terminal that receives (Fig. 9 transmitter/receiver 13), by Downlink Control Information (DCI), control information ([0054] “the DCI contains resource allocation information and control information for a UE or a UE group. For example, the DCI includes a transport format and resource allocation information of a downlink shared channel (DL-SCH), a transport format and resource allocation information of an uplink shared channel (UL-SCH)”); and a processor of the terminal (fig 9 processor) that, when higher layer signaling configuring the simultaneous transmission of the first UL transmission and the second UL transmission is configured ([0172] “Option 1-5: A rule may be defined to simultaneously transmit two PUCCHs for transmitting HARQ-ACK and SR. Particularly, the simultaneous transmission may be allowed only when UE capability and/or network configuration are present with respect to simultaneous transmission of a plurality of UL channels corresponding to different TTI lengths and/or numerologies.”), controls to simultaneously transmit the first UL transmission and the second UL transmission that overlap in a time domain, in cells with different frequency bands ([0114] Alt 2: Respective SRs may be simultaneously transmitted through separate physical channels. [0115] Alt 3: A plurality of SRs may be simultaneously transmitted through one physical channel.; [0121] “When SR transmission for specific service/traffic (e.g., URLLC SR) overlaps with other UL channels on time, a dedicated frequency domain may be assigned for an SR resource for URLLC.” [0123] “simultaneous transmission configuration of PUSCH and SR may be configured UE-specifically, or may be configured to a UE for each predetermined or pre-configured cell group, for each cell, or for each band/band combination”): wherein the processor of the terminal controls to simultaneously transmit the first UL transmission and the second UL transmission after resolving overlap a plurality of UL transmissions with a same priority ([0127] “ all BSRs or specific BSRs are reported to include information on latency and/or reliability for corresponding traffic together and a network may perform more appropriate scheduling to requirements of the UE based on the rule” thus teaching of “resolving overlap” [as broadly claimed] a plurality of UL transmission with a same priority, where latency/reliability is equivalent of “priority” see e.g. [0113] “SR for traffic with tight latency among a plurality of SRs may have as high priority”), and wherein when the higher layer signaling configuring the simultaneous transmission of the first UL transmission and the second UL transmission is not configured (See methods of ¶112-118 proposed as alternatives; [0172] “the simultaneous transmission may be allowed only when a UL waveform of two channels that are configured by a high layer signal”, emphasis added), the processor of the terminal controls to perform the first UL transmission and to not perform the second UL transmission ([0118] Alt 4: Priority may be determined with respect to a plurality of SRs and a rule may be defined to transmit only some of the SRs and to drop the other SRs. For example, when transmission timings of eMBB SR and URLLC SR overlap with each other, a rule may be defined to assign as high priority as possible to URLLC SR, to transmit the URLLC SR, and to drop the eMBB SR. ; [0148] On the other hand, when the number of SRs is a plural number (e.g., Case 1, 4, or 5), a rule may be defined to drop SR with low priority and to transmit only SR with as high priority as possible), and the base station (fig 9 receiving device) comprises: a receiver of the base station (fig 9 receiver) that receives the capability information ([0124] A rule may be defined to report simultaneous transmission capability (or, simply, simultaneous transmission capability of PUCCH and URLLC SR or simultaneous transmission capability of PUSCH and SR) of a long PUCCH and URLLC SR and/or a short PUCCH and URLLC SR to a network); a transmitter of the base station that transmits, by the DCI, the control information ([0054] “the DCI contains resource allocation information and control information for a UE or a UE group. For example, the DCI includes a transport format and resource allocation information of a downlink shared channel (DL-SCH), a transport format and resource allocation information of an uplink shared channel (UL-SCH)”); and a processor of the base station (fig 9 processor) that, when the given higher layer signaling is configured ([0119], [0124] “a rule may be defined”), controls reception processing for the simultaneous transmission of the first UL transmission and the second UL transmission that overlap in the time domain, in the cells ([0121] When SR transmission for specific service/traffic (e.g., URLLC SR) overlaps with other UL channels on time, [0124] for each predetermined or pre-configured cell group, for each cell), wherein when the given higher layer signaling is not configured, the processor of the base station controls reception processing for the first UL transmission, and ([0148] “On the other hand, when the number of SRs is a plural number (e.g., Case 1, 4, or 5), a rule may be defined to drop SR with low priority and to transmit only SR with as high priority as possible)” thus implicit if low priority SR is dropped at transmission then it is not received by base station and only the first UL transmission (high priority SR) is received)), wherein the first UL transmission is a Physical Uplink Control Channel (PUCCH) transmission including a Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK), and the second UL transmission is a Physical Uplink Shared Channel (PUSCH) transmission ([0123] Simultaneous transmission configuration of the long PUCCH and URLLC SR and/or the short PUCCH and URLLC SR, or simply, simultaneous transmission configuration of PUCCH and URLLC SR or simultaneous transmission configuration of PUSCH and SR may be configured UE-specifically, or may be configured to a UE for each predetermined or pre-configured cell group, for each cell, or for each band/band combination.; [0111] “corresponding SR may also be transmitted to (s)PUCCH (along with HARQ-ACK) (similarly to existing LTE). Alternatively, SR may be piggybacked to (s)PUSCH together“)); and wherein the first priority is different from the second priority (See Lee e.g. [0119] priority may be determined in order of DL URLLC>DL eMBB>URLLC SR>eMBB SR in such a way that DL traffic has high priority in a DL resource). Lee does not explicitly disclose the DCI control information (taught by Lee ¶54) further including information regarding the first priority and the information regarding the second priority; the second UL transmission is a Physical Uplink Shared Channel (PUSCH) transmission including a HARQ- ACK. Papasakellariou teaches the DCI comprising information regarding the first priority and the information regarding the second priority (See Papasakellariou Claims 2-4 “the first DCI format includes a field indicating a priority for the first PUSCH” “ the second DCI format includes a field indicating a priority for the second PUSCH” “the third DCI format includes a field indicating a priority for the first PUCCH”); And further teaches the second UL transmission is a Physical Uplink Shared Channel (PUSCH) transmission including a HARQ- ACK. (Papasakellariou [0191] multiplexing HARQ-ACK information for a first data information type in a PUSCH transmission). Papasakellariou also teaches wherein the processor of the terminal controls to simultaneously transmit the first UL transmission and the second UL transmission after resolving overlap a plurality of UL transmissions with a same priority (See also Papasakellariou Claim 4 “ multiplexing the first HARQ-ACK information in the first PUSCH transmission only when the first PUSCH and the first PUCCH have same priority.”) It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the invention of Lee to include the noted teachings of Papasakellariou in order for supporting higher data rates beyond 4th-Generation (4G) communication system such as long term evolution (LTE). Consider claims 7, 12, 13 The combination teaches Claim 7 Terminal, claim 12 Method for a Terminal, Claim 13 Base station in the same manner as Claim 14 with rejection incorporated herein. Pertinent Prior Art(s) The prior art made of record though not relied upon in the current rejection is considered pertinent to applicant's disclosure: US 20230164788 A1 YAMAMOTO; Tetsuya et al. Yamamoto discloses by the DCI, the information regarding the first priority and the information regarding the second priority (claim 1, receives a first downlink control information (DCI) including first bit information that indicates a first priority of a scheduled transmission of a physical uplink shared channel (PUSCH), and receives a second DCI including second bit information that indicates a second priority of a transmission of a physical uplink control channel (PUCCH)). Bhamri et al. US 2022/0132530. Bhamri discloses wherein when the given higher layer signaling is not configured, the processor controls to perform the first UL transmission and to not perform the second UL transmission ([0117] wherein when the given higher layer signaling is not configured, the processor controls to perform the first UL transmission and to not perform the second UL transmission). WO 2020153209 A1 TAKEDA, KAZUKI et al. USER TERMINAL AND WIRELESS COMMUNICATION METHOD (see paragraphs [0012] to [0051] and Fig. 2), teaching an operation of a UE (corresponding to "a terminal" of the present application) is disclosed in a case where SR and transmission (corresponding to "a first transmission" or "a second transmission" of the present application) of different services collide with each other (see particularly paragraph [0021]), and here, there is disclosed an operation of a UE (corresponding to the "terminal" in the present application). It is described that SR is transmitted in the PUCCII (see paragraphs [0013] to [0014], in particular), and the UE transmission may be a PUSCH transmission (see particularly paragraph [0028]). In the above cited document 1, the UE performs processing on SR by setting an association between the SR setting and the service by RRC signaling (corresponding to the "upper layer signaling" in the present application), and, for example, SR of the first service of the second service collides with the transmission of the first service. In a case where the second service takes precedence over the first service (corresponding to the point of "having a first priority" and the point of "having a second priority"), Embodiment 2 may be performed based on the setting information (see paragraphs [0036] to [0037], in particular), and Embodiment 2-2, for example, in Embodiment. In CA using CC #1 and CC #2, if the first time resource of SR of the first service on CC #1 collides with the second time resource of the transmission of the second service on CC #2, the UE is a UE. Transmitting the SR in the first time resource of CC #1 and the transmission in the second time resource of CC #2 (receiving information on the information on the first priority degree and information on the second priority of the present application) "When predetermined upper layer signaling is set, simultaneous transmission of the first transmission overlapping in the time domain and the second transmission" is performed (see, in particular, paragraph [0044] and Fig. 2). Here, when the invention according to Claim 1 of the present application and the invention described in Cited Document 1 are compared, Cited Document 1 describes, as described above. While the UE is described to transmit transmission on CC #1 of SR and transmission on CC #2 of more prioritized transmission at the same time, with regard to simultaneous transmission over CC #1 and CC #2, the simultaneous transmission on CC #1 and CC #1 is described. They are different in that they do not describe "transmitting capability information of a terminal relating to simultaneous transmission.". However, for example, it is described in Cited Document 2 (see paragraph [0037]) that the UE capable of responding to the Uplink CA transmits the uplink transmission capability information indicating that the uplink data signal is to be transmitted via a plurality of bands in the same subframe. And, for example, see Cited Document 3 (see paragraphs [0054] to [0055]). As is clear from the description that a user equipment capable of using PUCCH / PUSCH simultaneous transmission between CCs notifies the wireless base station of the capability information on whether to apply the PUCCH / PUSCH simultancous transmission, as is clear from the description. It is merely a well-known art that a terminal that supports simultaneous transmission transmits capability information on a terminal relating to support for simultaneous transmission. If that is the case, it could have been easily conceived by a person skilled in the art to adopt the above different feature on the basis of the well-known art described above in the invention described in the cited document 1. Further, the invention according to Claim 6-8 of the other independent type is similar to the invention according to Claim 1. JP 2013176019 A SAGAE Y et al. (Document showing well-known arts) WO 2016159231 A1 TAKEDA, KAZUKI et al. USER TERMINAL, WIRELESS BASE STATION, AND WIRELESS COMMUNICATION METHOD (Document showing well-known arts) 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 UMAIR AHSAN whose telephone number is (571)272-1323. The examiner can normally be reached Monday - Friday 10-5 PM EST or by emailing UMAIR.AHSAN@USPTO.GOV. 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, Alison Slater can be reached at (571) 270-0375. 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. UMAIR AHSAN Primary Examiner Art Unit 2647 /UMAIR AHSAN/Primary Examiner, Art Unit 2647
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Prosecution Timeline

Show 3 earlier events
Jul 09, 2025
Response Filed
Aug 14, 2025
Final Rejection mailed — §103
Oct 14, 2025
Response after Non-Final Action
Nov 07, 2025
Request for Continued Examination
Nov 13, 2025
Response after Non-Final Action
Feb 11, 2026
Non-Final Rejection mailed — §103
May 07, 2026
Response Filed
Jul 27, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+31.9%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 411 resolved cases by this examiner. Grant probability derived from career allowance rate.

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