Prosecution Insights
Last updated: April 19, 2026
Application No. 18/245,470

TERMINAL AND COMMUNICATION METHOD

Non-Final OA §101§102
Filed
Mar 15, 2023
Examiner
ASHLEY, HUGH MARK
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
3 (Non-Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
2y 12m
To Grant
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
29 granted / 32 resolved
+32.6% vs TC avg
Moderate +14% lift
Without
With
+14.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
33 currently pending
Career history
65
Total Applications
across all art units

Statute-Specific Performance

§101
11.4%
-28.6% vs TC avg
§103
40.2%
+0.2% vs TC avg
§102
38.6%
-1.4% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 32 resolved cases

Office Action

§101 §102
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 Regarding Applicant Arguments: Applicant argues in substance that prior art does not anticipate claim language as previously cited. Applicant’s arguments with respect to claim(s) 7, 9-12 have been considered but are moot because the new ground of rejection has been mapped to Ouchi. The language of the claims is extremely broad, and when reviewed when compared to Ouchi, previously used as a secondary reference, it was found that it reads on the claim language as amended better than Aiba, as previously cited. The disclosure of Ouchi teaches a DCI format provided by a base station, a search space set monitored by the terminal for several BWP and a switch to a default search space set with an index of 0. After further review it was also discovered that the claims fail to meet the requirement of 35 USC 101 as the claimed steps, performed by a computer, are purely mathematic in nature or fail to claim a memory coupled to the claimed processor. There are several aspects of the specification, that if claimed would limit the claim language and overcome the cited art of Ouchi, such as the aspects of power consumption of one search space set being configured to be lower than another as one such example of multiple aspects present in the specification, however the broad nature of the claim language as currently written is going to be hard pressed to overcome the cited prior art of Ouchi. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 7, 9-12 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter as a first matter, apparatus claims 7 and 9 as well as system claim 10 claim a processor, however there is no associated memory or instructions claimed which render the apparatus useless for performing any of the associated claimed steps. Second, claims 7, 9 and 10 claim a receiver and transmitter, however no data is claimed to be transmitted. Claim 7 only receives data which renders the claim performing purely mathematic operations which is not one of the 4 patent eligible categories, some form of communication or action that goes beyond receiving which is a passive activity relying on the propagation of signals or switching, setting, configuring or saving as those steps are purely mathematic in nature when performed by a computing device. Apparatus claim 9 and system claim 10 claim a transmitter, however no transmissions occur only the configuration of the transmitter. Method claim 11 fails to meet the requirement of one of the four categories of patent eligible material for the same reasons as apparatus claim 7. Dependent claim 12 does not overcome the deficiencies listed above and is rejected under similar rationale. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 7, 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ouchi (US 20230155746 A1) hereafter Ouchi. Regarding Claim 7. A terminal comprising: a receiver ([¶0296] FIG. 11 is a schematic block diagram illustrating a configuration of the terminal apparatus 1 according to an aspect of the present embodiment. As illustrated in the figure, the terminal apparatus 1 includes a radio transmission and/or reception unit 10 and a higher layer processing unit 14. The radio transmission and/or reception unit 10 at least includes a part or all of an antenna unit 11, a Radio Frequency (RF) unit 12, and a baseband unit 13. The higher layer processing unit 14 at least includes a part or all of a medium access control layer processing unit 15 and a radio resource control layer processing unit 16. The radio transmission and/or reception unit 10 may also be referred to as a transmitter, a receiver, a physical layer processing unit, and/or a lower layer processing unit.) configured to receive downlink control information that includes information indicating a search space set group in a format that can schedule an uplink data channel or a downlink data channel from a base station; ([¶0137] The terminal apparatus 1 may determine the PUCCH resources used for transmission of the HARQ-ACK corresponding to the PDSCH based on the value of a PRI included in the DCI format used for scheduling of the PDSCH. [¶0237] DCI format 2_0 may be used to notify the group of the terminal apparatus 1 in a slot format, one or multiple valid RB sets, a Channel Occupancy Time (COT) duration, and/or a search space set (group) switching. Some or all of the following 5A to 5D with a CRC scrambled with a Slot Format Indicator (SFI)-RNTI may be included in DCI format 2_0) and a processor ([¶0312] A part or all of the units denoted by the reference sign 10 to the reference sign 16 included in the terminal apparatus 1 may be configured as a memory and a processor connected to the memory. ) configured to perform switching to the search space set group indicated by the downlink control information, ([¶0237] DCI format 2_0 may be used to notify the group of the terminal apparatus 1 in a slot format, one or multiple valid RB sets, a Channel Occupancy Time (COT) duration, and/or a search space set (group) switching. Some or all of the following 5A to 5D with a CRC scrambled with a Slot Format Indicator (SFI)-RNTI may be included in DCI format 2_0, which may be transmitted: 5A) Slot format indicator 1, Slot format indicator 2, . . . , Slot format indicator N;5B) In a case that a higher layer parameter availableRB-SetPerCell-r16 is configured, Available RB set Indicator 1, Available RB set Indicator 2, . . . , Available RB set Indicator N;5C) In a case that a higher layer parameter CO-DurationPerCell-r16 is configured, COT duration Indicator 1, COT duration Indicator 2, . . . , COT duration Indicator N;5D) In a case that a higher layer parameter searchSpaceSwitching-r16=“explicit”, Monitoring group flag 1, Monitoring group flag 2, . . . , Monitoring group flag M; The value of the N and/or M described above may be a prescribed value that is larger than 1. [¶0243] 5D may be used to indicate a group index of a valid search space set in the corresponding serving cell. [¶0262] The higher layer parameter SearchSpace may be used to configure one or multiple search spaces as one set. The one or multiple search spaces configured by the SearchSpace may be referred to as a search space set. [¶0471] In a case that the terminal apparatus 1 is provided with the timer value by searchSpaceSwitchingTimer-r16 and configured with DCI format 2_0, the terminal apparatus 1 may monitor a PDCCH for the search space set with group index 1 until DCI format 2_0 is detected or until the timer expires. In a case that the timer expires, the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with group index 0. ) wherein the processor switches the search space set group to a default search space set group that is indexed 0 and that is configured for each bandwidth part after switching of the each bandwidth part. (([¶0052] One downlink BWP out of the one or multiple downlink BWPs configured for the serving cell may be configured for an active downlink BWP. A downlink BWP switch may be used for deactivating one active downlink BWP, while activating inactive downlink BWPs other than the one active downlink BWP. Switching of the downlink BWP may be controlled by a BWP indicator field that is included in downlink control information. Switching of the downlink BWP may be controlled based on a higher layer parameter. [¶0462] the terminal apparatus 1 may switch to a default search space set group (e.g., a search space set with a default group index) for PDCCH monitoring in the active DL BWP of the serving cell. [¶0467] the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with the default group index (predefined fixed group index, e.g., group index 0) ) Regarding Claim 9: A base station comprising: a processor ([¶0312] A part or all of the units denoted by the reference sign 30 to the reference sign 36 included in the base station apparatus 3 may be configured as a memory and a processor connected to the memory.) configured to configure downlink control information that includes information indicating a search space set group in a format that can schedule an uplink data channel or a downlink data channel; and a transmitter ([¶0306] FIG. 12 is a schematic block diagram illustrating a configuration of the base station apparatus 3 according to an aspect of the present embodiment. As illustrated in the figure, the base station apparatus 3 includes a radio transmission and/or reception unit 30 and a higher layer processing unit 34. The radio transmission and/or reception unit 30 includes an antenna unit 31, an RF unit 32, and a baseband unit 33. The higher layer processing unit 34 includes a medium access control layer processing unit 35 and a radio resource control layer processing unit 36. The radio transmission and/or reception unit 30 is also referred to as a transmitter, a receiver, or a physical layer processing unit.) configured to transmit the downlink control information to a terminal. wherein the processor configures the terminal to switch the search space set group to a default search space set group that is indexed 0 and that is configured for each bandwidth part after switching of the each bandwidth part. ([¶0353] In a case that the base station apparatus 3 transmits the PDCCH and the PDSCH including the DCI format used for scheduling of the PDSCH in the NR-U cell, the base station apparatus 3 performs the Type-1 channel access procedure before transmission of the PDCCH and the PDSCH, and in a case that the base station apparatus 3 determines that the NR-U channel is idle in all of the CCA slot periods, the base station apparatus 3 may transmit the PDCCH and the PDSCH, whereas in a case that the base station apparatus 3 determines that the NR-U channel is not idle, the base station apparatus 3 may defer transmission of the PDCCH and the PDSCH until the base station apparatus 3 can determine that the NR-U channel is idle in all of the CCA slot periods. [¶0462] the terminal apparatus 1 may switch to a default search space set group (e.g., a search space set with a default group index) for PDCCH monitoring in the active DL BWP of the serving cell. [¶0467] the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with the default group index (predefined fixed group index, e.g., group index 0) ) Regarding Claim 10: A communication system comprising: a base station; and a terminal, wherein the base station includes: a processor ([¶0312] A part or all of the units denoted by the reference sign 30 to the reference sign 36 included in the base station apparatus 3 may be configured as a memory and a processor connected to the memory.) configured to configure downlink control information that includes information indicating a search space set group in a format that can schedule an uplink data channel or a downlink data channel; and a transmitter ([¶0306] FIG. 12 is a schematic block diagram illustrating a configuration of the base station apparatus 3 according to an aspect of the present embodiment. As illustrated in the figure, the base station apparatus 3 includes a radio transmission and/or reception unit 30 and a higher layer processing unit 34. The radio transmission and/or reception unit 30 includes an antenna unit 31, an RF unit 32, and a baseband unit 33. The higher layer processing unit 34 includes a medium access control layer processing unit 35 and a radio resource control layer processing unit 36. The radio transmission and/or reception unit 30 is also referred to as a transmitter, a receiver, or a physical layer processing unit.) configured to transmit the downlink control information to the terminal, and the terminal includes: a receiver configured to receive the downlink control information from the base station; ([¶0462] the terminal apparatus 1 may switch to a default search space set group (e.g., a search space set with a default group index) for PDCCH monitoring in the active DL BWP of the serving cell. [¶0467] the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with the default group index (predefined fixed group index, e.g., group index 0) ) and a processor configured to perform ([¶0312] A part or all of the units denoted by the reference sign 10 to the reference sign 16 included in the terminal apparatus 1 may be configured as a memory and a processor connected to the memory. ) switching to the search space set group indicated by the downlink control information, ([¶0237] DCI format 2_0 may be used to notify the group of the terminal apparatus 1 in a slot format, one or multiple valid RB sets, a Channel Occupancy Time (COT) duration, and/or a search space set (group) switching. Some or all of the following 5A to 5D with a CRC scrambled with a Slot Format Indicator (SFI)-RNTI may be included in DCI format 2_0, which may be transmitted: 5A) Slot format indicator 1, Slot format indicator 2, . . . , Slot format indicator N;5B) In a case that a higher layer parameter availableRB-SetPerCell-r16 is configured, Available RB set Indicator 1, Available RB set Indicator 2, . . . , Available RB set Indicator N;5C) In a case that a higher layer parameter CO-DurationPerCell-r16 is configured, COT duration Indicator 1, COT duration Indicator 2, . . . , COT duration Indicator N;5D) In a case that a higher layer parameter searchSpaceSwitching-r16=“explicit”, Monitoring group flag 1, Monitoring group flag 2, . . . , Monitoring group flag M; The value of the N and/or M described above may be a prescribed value that is larger than 1. [¶0243] 5D may be used to indicate a group index of a valid search space set in the corresponding serving cell. [¶0262] The higher layer parameter SearchSpace may be used to configure one or multiple search spaces as one set. The one or multiple search spaces configured by the SearchSpace may be referred to as a search space set. [¶0471] In a case that the terminal apparatus 1 is provided with the timer value by searchSpaceSwitchingTimer-r16 and configured with DCI format 2_0, the terminal apparatus 1 may monitor a PDCCH for the search space set with group index 1 until DCI format 2_0 is detected or until the timer expires. In a case that the timer expires, the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with group index 0. )wherein the processor of the terminal switches the search space set group to a default search space set group that is indexed 0 and that is configured for each bandwidth part after switching of the each bandwidth part. ([¶0462] the terminal apparatus 1 may switch to a default search space set group (e.g., a search space set with a default group index) for PDCCH monitoring in the active DL BWP of the serving cell. [¶0467] the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with the default group index (predefined fixed group index, e.g., group index 0) ) Regarding Claim 11: A communication method performed by a terminal, ([¶0516] communication method used in a terminal apparatus) the communication method comprising: receiving downlink control information that includes information indicating a search space set group in a format that can schedule an uplink data channel or a downlink data channel from a base station; ([¶0137] The terminal apparatus 1 may determine the PUCCH resources used for transmission of the HARQ-ACK corresponding to the PDSCH based on the value of a PRI included in the DCI format used for scheduling of the PDSCH. [¶0237] DCI format 2_0 may be used to notify the group of the terminal apparatus 1 in a slot format, one or multiple valid RB sets, a Channel Occupancy Time (COT) duration, and/or a search space set (group) switching. Some or all of the following 5A to 5D with a CRC scrambled with a Slot Format Indicator (SFI)-RNTI may be included in DCI format 2_0) and a processor ([¶0312] A part or all of the units denoted by the reference sign 10 to the reference sign 16 included in the terminal apparatus 1 may be configured as a memory and a processor connected to the memory. ) and performing switching to the search space set group indicated by the downlink control information, ([¶0237] DCI format 2_0 may be used to notify the group of the terminal apparatus 1 in a slot format, one or multiple valid RB sets, a Channel Occupancy Time (COT) duration, and/or a search space set (group) switching. Some or all of the following 5A to 5D with a CRC scrambled with a Slot Format Indicator (SFI)-RNTI may be included in DCI format 2_0, which may be transmitted: 5A) Slot format indicator 1, Slot format indicator 2, . . . , Slot format indicator N;5B) In a case that a higher layer parameter availableRB-SetPerCell-r16 is configured, Available RB set Indicator 1, Available RB set Indicator 2, . . . , Available RB set Indicator N;5C) In a case that a higher layer parameter CO-DurationPerCell-r16 is configured, COT duration Indicator 1, COT duration Indicator 2, . . . , COT duration Indicator N;5D) In a case that a higher layer parameter searchSpaceSwitching-r16=“explicit”, Monitoring group flag 1, Monitoring group flag 2, . . . , Monitoring group flag M; The value of the N and/or M described above may be a prescribed value that is larger than 1. [¶0243] 5D may be used to indicate a group index of a valid search space set in the corresponding serving cell. [¶0262] The higher layer parameter SearchSpace may be used to configure one or multiple search spaces as one set. The one or multiple search spaces configured by the SearchSpace may be referred to as a search space set. [¶0471] In a case that the terminal apparatus 1 is provided with the timer value by searchSpaceSwitchingTimer-r16 and configured with DCI format 2_0, the terminal apparatus 1 may monitor a PDCCH for the search space set with group index 1 until DCI format 2_0 is detected or until the timer expires. In a case that the timer expires, the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with group index 0. ) and switching the search space set group to a default search space set group that is indexed 0 and that is configured for each bandwidth part after switching of the each bandwidth part. ([¶0462] the terminal apparatus 1 may switch to a default search space set group (e.g., a search space set with a default group index) for PDCCH monitoring in the active DL BWP of the serving cell. [¶0467] the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with the default group index (predefined fixed group index, e.g., group index 0) ) Regarding Claim 12: Ouchi discloses the limitations of parent claims. Ouchi discloses: wherein the default search space set group that is indexed 0 is a search space set group that is used when a configuration related to the search space set group is not indicated to the terminal after switching. ([¶0463] the terminal apparatus 1 may initiate monitoring one or multiple PDCCHs for a search space set with a predefined fixed group index (e.g., group index 0), and need not monitor one or multiple PDCCHs for a search space set with another group index (e.g., group index 1). [¶0467] In a case that the search space set switching is applied, the terminal apparatus 1 may monitor one or multiple PDCCHs for the search space set with the default group index (predefined fixed group index, e.g., group index 0) until at least DCI format 2_0 is detected.) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH MARK ASHLEY whose telephone number is (571)272-0199. The examiner can normally be reached M-F 8-430. 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, Asad Nawaz can be reached at (571) 272-3988. 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. /HUGH MARK ASHLEY/Examiner, Art Unit 2463 /ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Mar 15, 2023
Application Filed
May 03, 2023
Response after Non-Final Action
May 06, 2025
Non-Final Rejection — §101, §102
Aug 13, 2025
Response Filed
Aug 25, 2025
Final Rejection — §101, §102
Nov 26, 2025
Response after Non-Final Action
Jan 14, 2026
Request for Continued Examination
Jan 25, 2026
Response after Non-Final Action
Mar 06, 2026
Non-Final Rejection — §101, §102 (current)

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+14.3%)
2y 12m
Median Time to Grant
High
PTA Risk
Based on 32 resolved cases by this examiner. Grant probability derived from career allow rate.

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