Prosecution Insights
Last updated: July 17, 2026
Application No. 18/040,054

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Jan 31, 2023
Priority
Aug 06, 2020 — nonprovisional of PCT/JP2020/030267 +1 more
Examiner
EGAN KEARNS, PHILLIP JUSTIN
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
4 (Final)
76%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
16 granted / 21 resolved
+18.2% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
17 currently pending
Career history
52
Total Applications
across all art units

Statute-Specific Performance

§103
96.3%
+56.3% vs TC avg
§102
2.2%
-37.8% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 21 resolved cases

Office Action

§103
DETAILED ACTION This communication is in response to applicant’s response filed under 37 C.F.R. §1.111 in response to a non-final office action. Claims 7 and 10-12 have been amended. Claims 7-12 are subject to examination. Response to Arguments Applicant’s arguments with respect to claims 7 and 10-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 7-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zeineddine et al. (US 2023/0189262 A1, hereinafter “Zeineddine”) in view of Lee et al (US 2020/0235832 A1, hereinafter “Lee”) and Muruganathan et al. (US 2023/0269612 A1, hereinafter “Muruganathan”). Regarding Claim 7, Zeineddine teaches a terminal comprising: a transmitter configured to transmit a capability indicating the maximum number of resource sets which are received simultaneously (Zeineddine: The apparatus 2200 can include ... a transceiver 2250 ... The transceiver 2250 can include a transmitter, see paragraphs [0214]-[0215]; A capability of a device in terms of the number of antenna panels, their duplexing capabilities ... may be communicated via signaling, see paragraph [0179]; The maximum number of TRS a UE can be configured with is a UE capability: The maximum number of TRS resource sets (per component carrier (CC)) the UE is able to track simultaneously ... The maximum number of TRS resource sets configured to UE across CCs, see paragraphs [0054]-[0057]); a receiver configured to receive a configuration indicating a resource type (Zeineddine: The transceiver 2250 can include a transmitter and/or a receiver, see paragraph [0215]; the UE is configured with two TRSs (i.e., two NZP-CSI-RS-ResourceSet configured with higher layer parameter trs-Info), see paragraph [0170]); and a processor configured to control, based on the configuration, reception of two resources, the two resources being included in two resource sets respectively, the two resource sets being in accordance with the capability (Zeineddine: The apparatus 2200 can include a housing 2210, a controller 2220 ... the controller 2220 may be any programmable processor, see paragraphs [0214]-[0216]; With two periodic TRSs configured, the UE uses the first (first pair) DMRS symbol(s) to estimate the channel from RRH1 ... [and] the second (second pair) DMRS symbol(s) to estimate the channel from RRH2, see paragraph [0171]). Zeineddine does not explicitly teach simultaneous reception of resources using two spatial domain filters, respectively. However, in the same field of endeavor, Lee teaches simultaneous reception of resources using two spatial domain filters, respectively (Lee: CSI-RS ... resources can be received simultaneously by the UE ... with multiple simultaneous spatial domain receive filters, see paragraph [0220]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zeineddine to include the features as taught by Lee above in order to improve data receive efficiency (Lee: see paragraph [0137]). While Zeineddine teaches the scenarios that the resource type is periodic or semi-persistent (Zeineddine: The TRS contains either 2 or 4 periodic CSI-RS resources, see paragraph [0050]), and the resource type is aperiodic (Zeineddine: an aperiodic TRS is a set of aperiodic CSI-RS for tracking that may be optionally configured, see paragraph [0058]), Zeineddine-Lee does not explicitly teach when the resource type is periodic or semi-persistent, the configuration indicates a report setting, the report setting indicates a resource setting, and the resource setting indicates the two resource sets, and when the resource type is aperiodic, the configuration indicates a channel state information (CSI) aperiodic trigger state, and the CSI aperiodic trigger state indicates a report setting and indicates the two resource sets for channel measurement. However, in the same field of endeavor, Muruganathan teaches when the resource type is periodic or semi-persistent, the configuration indicates a report setting, the report setting indicates a resource setting, and the resource setting indicates the two resource sets (Muruganathan: a UE can be configured with multiple CSI reporting settings ... and multiple CSI resource settings ... Each CSI resource setting can contain multiple CSI resource sets ... The CSI(s) reported by the UE can be periodic, semi-persistent, see paragraph [0013]), and when the resource type is aperiodic, the configuration indicates a channel state information (CSI) aperiodic trigger state, and the CSI aperiodic trigger state indicates a report setting and indicates the two resource sets for channel measurement (Muruganathan: if the CSI report setting is linked with an aperiodic resource setting ... the aperiodic NZP CSI-RS resource set for channel measurement [and] the aperiodic CSI-IM resource set for interference measurement ... to use for a given CSI report setting is also included in the aperiodic trigger state definition, see paragraph [0042]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zeineddine-Lee to include the features as taught by Muruganathan above in order to reduce CSI reporting latency (Muruganathan: see paragraph [0120]). Regarding Claim 8, Zeineddine-Lee-Muruganathan teaches the terminal according to claim 7. Lee further teaches the two spatial domain filters are different from each other (Lee: CSI-RS ... resources can be received simultaneously by the UE ... with multiple simultaneous spatial domain receive filters, see paragraph [0220]). The rationale and motivation for adding the teaching of Lee is the same as the rationale and motivation for Claim 7. Regarding Claim 9, Zeineddine-Lee-Muruganathan teaches the terminal according to claim 7. Lee further teaches the configuration indicates one or more resources for interference measurement (Lee: The UE may ... receive an interference measurement resource configuration from the BS, see paragraph [0282]; the interference measurement resource may include ... a non-zero interference measurement resource, see paragraph [0287]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zeineddine to include the features as taught by Lee above in order to improve beam management (Lee: see paragraph [0234]). Regarding Claim 10, the limitations of claim 10 are substantially the same as the limitations of claim 7, and claim 10 is therefore rejected for the same reasons. Regarding Claim 12, Zeineddine teaches a system comprising: a terminal comprising: a receiver configured to receive a configuration (Zeineddine: The apparatus 2200 can include ... a transceiver 2250 ... The transceiver 2250 can include ... a receiver, see paragraphs [0214]-[0215]; the UE is configured with two TRSs (i.e., two NZP-CSI-RS-ResourceSet configured with higher layer parameter trs-Info), see paragraph [0170]); and a base station configured to transmit the configuration (Zeineddine: a network entity for communicating with a user equipment is provided. The network entity includes ... a transceiver that transmits a higher layer configuration to the user equipment for defining two timing reference signals, see paragraph [0011]). Regarding all other limitations of Claim 12, the limitations are substantially the same as the limitations of claim 7, and are therefore rejected for the same reasons. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zeineddine in view of Farag et al. (US 2021/0226689 A1, hereinafter “Farag”) and Muruganathan. Regarding Claim 11, Zeineddine teaches a base station comprising: a receiver configured to receive a capability indicating the maximum number of resource sets which are received simultaneously (Zeineddine: A capability of a device in terms of the number of antenna panels, their duplexing capabilities ... may be communicated via signaling ... A device may report its capability with respect to the “device panel” to the gNB, see paragraphs [0179]-[0181]; The maximum number of TRS a UE can be configured with is a UE capability: The maximum number of TRS resource sets (per component carrier (CC)) the UE is able to track simultaneously ... The maximum number of TRS resource sets configured to UE across CCs, see paragraphs [0054]-[0057], see paragraph []); a transmitter configured to transmit a configuration indicating a resource type (Zeineddine: a network entity for communicating with a user equipment is provided. The network entity includes ... a transceiver that transmits a higher layer configuration to the user equipment for defining two timing reference signals, see paragraph [0011]; A TRS is a non-zero power (NZP)-channel state information (CSI)-reference signal (RS) resource set with trs-info set to true, see paragraph [0050]); and a processor configured to control, based on the configuration, transmission of two resources, the two resources being included in two resource sets respectively, the two resource sets being in accordance with the capability (Zeineddine: The network entity includes a controller, see paragraph [0011]; With two periodic TRSs configured, the UE uses the first (first pair) DMRS symbol(s) to estimate the channel from RRH1 ... [and] the second (second pair) DMRS symbol(s) to estimate the channel from RRH2, see paragraph [0171]). Zeineddine does not explicitly teach simultaneous transmission of resources using two spatial domain filters, respectively. However, in the same field of endeavor, Farag teaches simultaneous transmission of resources using two spatial domain filters, respectively (Farag: a device pair (such as a UE and a gNB) is able to simultaneously use multiple beams having different spatial filters (including non-overlapping spatial filters) to transmit and receive channels, see paragraph [0072]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zeineddine to include the features as taught by Farag above in order to achieve better beam adaptation to a dynamic environment (Farag: see paragraph [0074]). While Zeineddine teaches the scenarios that the resource type is periodic or semi-persistent (Zeineddine: The TRS contains either 2 or 4 periodic CSI-RS resources, see paragraph [0050]), and the resource type is aperiodic (Zeineddine: an aperiodic TRS is a set of aperiodic CSI-RS for tracking that may be optionally configured, see paragraph [0058]), Zeineddine-Farag does not explicitly teach when the resource type is periodic or semi-persistent, the configuration indicates a report setting, the report setting indicates a resource setting, and the resource setting indicates the two resource sets, and when the resource type is aperiodic, the configuration indicates a channel state information (CSI) aperiodic trigger state, and the CSI aperiodic trigger state indicates a report setting and indicates the two resource sets for channel measurement. However, in the same field of endeavor, Muruganathan teaches when the resource type is periodic or semi-persistent, the configuration indicates a report setting, the report setting indicates a resource setting, and the resource setting indicates the two resource sets (Muruganathan: a UE can be configured with multiple CSI reporting settings ... and multiple CSI resource settings ... Each CSI resource setting can contain multiple CSI resource sets ... The CSI(s) reported by the UE can be periodic, semi-persistent, see paragraph [0013]), and when the resource type is aperiodic, the configuration indicates a channel state information (CSI) aperiodic trigger state, and the CSI aperiodic trigger state indicates a report setting and indicates the two resource sets for channel measurement (Muruganathan: if the CSI report setting is linked with an aperiodic resource setting ... the aperiodic NZP CSI-RS resource set for channel measurement [and] the aperiodic CSI-IM resource set for interference measurement ... to use for a given CSI report setting is also included in the aperiodic trigger state definition, see paragraph [0042]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zeineddine-Farag to include the features as taught by Muruganathan above in order to reduce CSI reporting latency (Muruganathan: see paragraph [0120]). 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 PHILLIP J EGAN KEARNS whose telephone number is 571-272-4869. The examiner can normally be reached M-Th 10-6 MST. 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, NOEL BEHARRY can be reached at 571-270-5630. 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. /P.K./Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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Prosecution Timeline

Show 2 earlier events
Jul 21, 2025
Response Filed
Aug 21, 2025
Final Rejection mailed — §103
Oct 20, 2025
Response after Non-Final Action
Nov 13, 2025
Request for Continued Examination
Nov 22, 2025
Response after Non-Final Action
Dec 15, 2025
Non-Final Rejection mailed — §103
Mar 12, 2026
Response Filed
May 22, 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
76%
Grant Probability
99%
With Interview (+33.3%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 21 resolved cases by this examiner. Grant probability derived from career allowance rate.

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