Prosecution Insights
Last updated: October 24, 2026
Application No. 18/041,736

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Feb 15, 2023
Priority
Aug 17, 2020 — nonprovisional of PCTJP2020030988
Examiner
LINDENBAUM, ALAN LOUIS
Art Unit
2413
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
4 (Final)
48%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
64%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
211 granted / 435 resolved
-9.5% vs TC avg
Strong +16% interview lift
Without
With
+15.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
26 currently pending
Career history
499
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
58.2%
+18.2% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 435 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 . Response to Arguments Applicant's arguments filed August 11, 2026 have been fully considered but they are not persuasive. Applicant asserts that the claims are patentable because “the MAC CE of Guo clearly does not correspond to ‘a medium access control-control element (MAC CE) activating a channel state information-reference signal (CSI-RS) resource among multiple CSI- RS resources,’” and because Park allegedly fails to supply what Guo lacks. However, the combination of Guo and Park discloses a medium access control-control element (MAC CE) activating a channel state information-reference signal (CSI-RS) resource among multiple CSI- RS resources. Guo discloses a medium access control-control element (MAC CE) activating a channel state information-reference signal (CSI-RS) resource (Guo, paragraph [0283], the MAC-CE activation message that activates the transmission of a set of CSI-RS resources). Park discloses a MAC CE activating a CSI-RS resource among multiple CSI-RS resources (Park, Fig. 17; paragraph [0437], a operation may be supported in which only N (N<=K) CSI-RS resources are selectively activated through L2 (e.g., by MAC CE) signaling among K CSI-RS resources which are RRC-configured; paragraphs [0519]-[0524], RRC configuration of S>=1 CSI-RS resource sets, each corresponding to a different selection from a pool of configured CSI-RS resources, and the configuration of K>=1 CSI-RS resources for each set). Applicant asserts that the claims are patentable because “Guo fails to teach that the QCL associated with one CSI-RS activated by the MAC CE is applied to a plurality of signals. Thus, Guo fails to teach ‘applies quasi co-location (QCL) associated with the CSI-RS resource [activated by the MAC CE] to a physical downlink shared channel (PDSCH), a physical downlink control channel (PDCCH), a CSI-RS, a physical uplink shared channel (PUSCH), a physical uplink control channel (PUCCH), and a sounding reference signal (SRS).’” However, as discussed in the paragraph above, the combination of Guo and Park discloses a medium access control-control element (MAC CE) activating a channel state information-reference signal (CSI-RS) resource among multiple CSI- RS resources. Guo further discloses a processor (Guo, Fig. 3, processor) that applies quasi co-location (QCL) associated with the CSI- RS resource (Guo, paragraph [0269], UE can assume a same QCL for CORESETs and PDSCH as the reference signal ID CSI-RS, UE can assume the reference signal ID is the spatial resource for all PUSCH and PUCCH transmissions; paragraph [0348], for DMRS of PDSCH and PDCCH or a CSI-RS resource, TCI state indicates quasi co-location with a CSI-RS resource or a SRS resource) to a physical downlink shared channel (PDSCH), a physical downlink control channel (PDCCH), a CSI-RS, a physical uplink shared channel (PUSCH), a physical uplink control channel (PUCCH), and a sounding reference signal (SRS) (Guo, paragraph [0269], UE can assume a same QCL for CORESETs and PDSCH as the reference signal ID CSI-RS, UE can assume the reference signal ID is the spatial resource for all PUSCH and PUCCH transmissions; paragraph [0347], TCI state for PDCCH contains SRS resource IDs; paragraph [0348], for DMRS of PDSCH and PDCCH or a SCI-RS resource, TCI state indicates quasi co-location with a CSI-RS resource or a SRS resource). Applicant further asserts that a person of ordinary skill in the art would have had no motivation to supply the missing elements without the benefit of Applicant's own disclosure as a guide. However, 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). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 10 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (US 2019/0297603) in view of Park et al. (US 2020/0112355). Regarding claim 10, Guo discloses a terminal (Guo, Fig. 1; paragraph [0065], gNB provides network access to UEs) comprising: a receiver (Guo, Fig. 3, transceiver) that receives a medium access control-control element (MAC CE) activating a channel state information-reference signal (CSI-RS) resource (Guo, paragraph [0283], the MAC-CE activation message that activates the transmission of a set of CSI-RS resources) configured by higher layer signaling (Guo, paragraph [0185], control resource set can be configured with a first spatial QCL configuration through RRC or MAC-CE; paragraph [0258], UE can be configured with a higher layer parameter reportquantity set to measure a set of CSI-RS resources and report selected CSI-RS resource indicators and L1-RSRP values; paragraph [0276], higher layer parameter NZP-CSI-RS-Resource configured for each CSI-RS resource configuration; paragraph [0283], the parameter nonFDM is configured through RRC signaling; paragraph [0284], the parameter nonFDM configured through RRC signaling, CSI triggering state can be configured in higher layer); and a processor (Guo, Fig. 3, processor) that applies quasi co-location (QCL) associated with the CSI- RS resource (Guo, paragraph [0269], UE can assume a same QCL for CORESETs and PDSCH as the reference signal ID CSI-RS, UE can assume the reference signal ID is the spatial resource for all PUSCH and PUCCH transmissions; paragraph [0348], for DMRS of PDSCH and PDCCH or a CSI-RS resource, TCI state indicates quasi co-location with a CSI-RS resource or a SRS resource) to a physical downlink shared channel (PDSCH), a physical downlink control channel (PDCCH), a CSI-RS, a physical uplink shared channel (PUSCH), a physical uplink control channel (PUCCH), and a sounding reference signal (SRS) (Guo, paragraph [0269], UE can assume a same QCL for CORESETs and PDSCH as the reference signal ID CSI-RS, UE can assume the reference signal ID is the spatial resource for all PUSCH and PUCCH transmissions; paragraph [0347], TCI state for PDCCH contains SRS resource IDs; paragraph [0348], for DMRS of PDSCH and PDCCH or a SCI-RS resource, TCI state indicates quasi co-location with a CSI-RS resource or a SRS resource). Guo does not explicitly disclose a MAC CE activating a CSI-RS resource among multiple CSI-RS resources. Park discloses a MAC CE activating a CSI-RS resource among multiple CSI-RS resources (Park, Fig. 17; paragraph [0437], a operation may be supported in which only N (N<=K) CSI-RS resources are selectively activated through L2 (e.g., by MAC CE) signaling among K CSI-RS resources which are RRC-configured; paragraphs [0519]-[0524], RRC configuration of S>=1 CSI-RS resource sets, each corresponding to a different selection from a pool of configured CSI-RS resources, and the configuration of K>=1 CSI-RS resources for each set). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features taught by Park into the system of Guo in order to improve the efficiency of beam management (Park; [0068]). Claim 12 is rejected under substantially the same rationale as claim 10. Regarding claim 13, Guo discloses a base station Guo, Fig. 1; paragraph [0065], gNB provides network access to UEs) comprising: a transmitter (Guo, Fig. 3, transceiver) that transmits a medium access control-control element (MAC CE) activating a channel state information-reference signal (CSI-RS) resource (Guo, paragraph [0283], the MAC-CE activation message that activates the transmission of a set of CSI-RS resources) configured by higher layer signaling (Guo, paragraph [0185], control resource set can be configured with a first spatial QCL configuration through RRC or MAC-CE; paragraph [0258], UE can be configured with a higher layer parameter reportquantity set to measure a set of CSI-RS resources and report selected CSI-RS resource indicators and L1-RSRP values; paragraph [0283], the parameter nonFDM is configured through RRC signaling; paragraph [0284], the parameter nonFDM configured through RRC signaling, CSI triggering state can be configured in higher layer); and a processor (Guo, Fig. 3, processor) that applies quasi co-location (QCL) associated with the CSI- RS resource (Guo, paragraph [0269], UE can assume a same QCL for CORESETs and PDSCH as the reference signal ID CSI-RS, UE can assume the reference signal ID is the spatial resource for all PUSCH and PUCCH transmissions; paragraph [0348], for DMRS of PDSCH and PDCCH or a SCI-RS resource, TCI state indicates quasi co-location with a CSI-RS resource or a SRS resource) to a physical downlink shared channel (PDSCH), a physical downlink control channel (PDCCH), a CSI-RS, a physical uplink shared channel (PUSCH), a physical uplink control channel (PUCCH), and a sounding reference signal (SRS) (Guo, paragraph [0269], UE can assume a same QCL for CORESETs and PDSCH as the reference signal ID CSI-RS, UE can assume the reference signal ID is the spatial resource for all PUSCH and PUCCH transmissions; paragraph [0347], TCI state for PDCCH contains SRS resource IDs; paragraph [0348], for DMRS of PDSCH and PDCCH or a SCI-RS resource, TCI state indicates quasi co-location with a CSI-RS resource or a SRS resource). Guo does not explicitly disclose a MAC CE activating a CSI-RS resource among multiple CSI-RS resources. Park discloses a MAC CE activating a CSI-RS resource among multiple CSI-RS resources (Park, Fig. 17; paragraph [0437], a operation may be supported in which only N (N<=K) CSI-RS resources are selectively activated through L2 (e.g., by MAC CE) signaling among K CSI-RS resources which are RRC-configured; paragraphs [0519]-[0524], RRC configuration of S>=1 CSI-RS resource sets, each corresponding to a different selection from a pool of configured CSI-RS resources, and the configuration of K>=1 CSI-RS resources for each set). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features taught by Park into the system of Guo in order to improve the efficiency of beam management (Park; [0068]). Claim 14 is rejected under substantially the same rationale as claim 13. 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. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Matsumura et al. (US 20220312338) discloses a power control parameter for a physical uplink shared channel (PUSCH), based on reception of a medium access control control element (MAC CE); and a transmitting section that transmits the PUSCH by using transmission power based on the power control parameter. Kang et al. (US 20200067584) discloses at least one CSI-RS resource set, where each CSI-RS resource set includes K≥1 CSI-RS resources (some parameters of K CSI-RS resources may be the same. For example, port number, time domain behavior, density and periodicity). For Semi-persistent CSI-RS, upon activation, CSI-RS measurement starts (on specific periodicity), and upon deactivation, the CSI-RS measurement is discontinued. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN LOUIS LINDENBAUM whose telephone number is (571)270-3858. The examiner can normally be reached Monday through Friday 11:00 AM to 7:00 PM 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, Un Cho can be reached at (571) 272-7919. 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. /A.L.L/Examiner, Art Unit 2413 /UN C CHO/Supervisory Patent Examiner, Art Unit 2413
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Prosecution Timeline

Show 3 earlier events
Nov 19, 2025
Final Rejection mailed — §103
Jan 15, 2026
Response after Non-Final Action
Feb 18, 2026
Notice of Allowance
Feb 18, 2026
Response after Non-Final Action
Apr 15, 2026
Response after Non-Final Action
May 12, 2026
Non-Final Rejection mailed — §103
Aug 11, 2026
Response Filed
Oct 07, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
48%
Grant Probability
64%
With Interview (+15.8%)
3y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 435 resolved cases by this examiner. Grant probability derived from career allowance rate.

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