Prosecution Insights
Last updated: October 02, 2026
Application No. 18/250,632

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Apr 26, 2023
Priority
Nov 06, 2020 — JP 2020-186141 +1 more
Examiner
BEHARRY, NOEL R
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
4 (Final)
55%
Grant Probability
Moderate
5-6
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
171 granted / 309 resolved
-2.7% vs TC avg
Strong +44% interview lift
Without
With
+43.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 5m
Avg Prosecution
10 currently pending
Career history
357
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
56.0%
+16.0% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 309 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. No claims have been amended; Claims 1-7 and 9 were previously canceled. Claims 8, 10-12 are subject to examination. 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 07/16/2026 have been fully considered but they are not persuasive for the following reasons: Applicant’s Argument: The applicant argues in substance that "Zhou does not teach determining the first BFD-RS set corresponding to the first TRP and the second BFD-RS set corresponding to the second TRP when the two TRP-specific BFD-RS sets are not provided. Paragraph [0100] of Zhou teaches that when a BFD-RS is not configured, the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used. However, Zhou does not relate to the unconfigured RS sets being a first BFD-RS set corresponding to a first TRP and a second BFD-RS set corresponding to a second TRP. Further, Zhou does not indicate that the UE determines the two BFD-RS sets when they are not provided. Further, while paragraph [0085] of Zhou describes that two sets of BFD RSs are configured, with each set corresponding to a different value of a CORESET pool index, Zhou merely relates to configured BFD-RS sets. As such, Zhou does not teach the above-referenced limitation (i)". Examiner’s Response: The examiner respectfully disagrees. Zhou expressly teaches a multi-TRP arrangement in which a serving cell may be configured with two CORESET pool index values, with one value associated with a first TRP and the other value associated with a second TRP. See Zhou Par. 0083 - 0087. Zhou further discloses that if BFD-RSs are not configured, “the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used.” See Zhou Par. 0100. When read together, these disclosures teach that, in the multi-TRP context, the UE determines TRP-specific BFD-RS sets from the active TCI states of the CORESETs associated with each TRP when explicit BFD-RS sets are not provided. Accordingly, Zhou teaches limitation (i). Applicant’s Argument: The applicant argues in substance that “Zhou does not teach determining both a first BFD-RS set and a second BFD-RS set, where each set includes a plurality of RSs in a TCI state for a respective CORESET corresponding to a respective TRP. Paragraph [0100] of Zhou teaches that, for an active TCI state of a CORESET, there may be two RS indices with QCL Type-D that may be used. While paragraph [0100] of Zhou describes that an active TCI state of a CORESET may include two RS indices, Zhou does not describe using the RS indices to determine the claimed first and second TRP-specific BFD-RS sets. Further, while paragraph [0082] of Zhou describes CORESET pool index values associated with different TRPs, Zhou does not teach that each of the first and second BFD-RS sets is determined to include a plurality of RSs in the TCI state for the CORESET corresponding to the TRP, as required by the above-referenced limitation (ii)”. Examiner’s Response: The examiner respectfully disagrees. Zhou teaches that a serving cell may be configured with two CORESET pool index values, one associated with the first TRP and the other associated with the second TRP, thereby correlating each CORESET group with a respective TRP. See Zhou Par. 0083 - 0087. Zhou also expressly states that, for an active TCI state of a CORESET, there may be two RS indices with QCL Type-D that may be used. See Zhou Par. 0100. Thus, Zhou teaches that each TRP-specific CORESET may have an active TCI state including multiple RSs, which supports determining the first and second BFD-RS sets as plurality-of-RS sets corresponding to the respective TRPs. Accordingly, Zhou teaches or at least renders obvious limitation (ii). Applicant’s Argument: The applicant argues in substance that “Zhou does not teach determining the first BFD-RS set and the second BFD-RS set based on monitoring periodicities of search space sets associated with the respective first and second CORESETs. In the Office Action, the Examiner correctly acknowledges that Zhou fails to explicitly teach determining the first BFD-RS set and the second BFD-RS set based on a first monitoring periodicity of a first search space set associated with the first CORESET and a second monitoring periodicity of a second search space set associated with the second CORESET. See Office Action, page 7. Applicant agrees. Therefore, Zhou fails to teach, at least, the above-referenced limitations (i)-(iii) of independent claim 8. Raghavan fails to supply that which Zhou lacks…Regarding the above-referenced limitation (iii), paragraph [0043] of Raghavan teaches that for L.sub.max=4, the UE selects the N.sub.RLM RS provided for active TCI states for PDCCH receptions in CORESETs associated with the search space sets in an order from the shortest monitoring periodicity. However, paragraph [0043] of Raghavan merely relates to selecting N.sub.RLM RSs for radio link monitoring and does not relate to determining first and second BFD- RS sets for respective first and second TRPs. Further, Raghavan does not teach determining first and second BFD-RS sets based on first and second monitoring periodicities of first and second search space sets associated with first and second CORESETs, respectively. As such, it logically follows that Raghavan fails to remedy the deficiencies of Zhou to teach the above-referenced limitations (i)- (iii)”. Examiner’s Response: The examiner respectfully disagrees. While Zhou does not expressly disclose the monitoring-periodicity prioritization rule, Raghavan does. Raghavan teaches that when RadioLinkMonitoringRS is not provided, the UE selects the N_RLM RSs provided for active TCI states for PDCCH receptions in CORESETs associated with search space sets “in an order from the shortest monitoring periodicity.” See Raghavan Par. 0043. It would have been obvious to apply this known prioritization rule to Zhou’s TRP-partitioned CORESETs when determining the first and second BFD-RS sets, because both references concern UE-side selection of reference signals tied to active TCI states and CORESET/search-space configuration. Accordingly, Raghavan supplies the missing prioritization criterion, and the combination of Zhou and Raghavan teaches or renders obvious limitation (iii).” Regarding all other arguments presented by Applicant, the arguments are substantially the same as those which have already been addressed above and in the interest of brevity; the examiner directs the applicant to those responses above. 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. Claims 8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (Zhou hereafter) (US 2022/0103233 A1) in view of Raghavan et al. (Raghavan hereafter) (US 2022/0022064 A1). Regarding claim 8 and 10, Zhou teaches, a terminal comprising: a transmitter that transmits capability information indicating support for beam failure recovery (BFR) for a first transmission/reception point (TRP) and a second TRP based on a first beam failure detection-reference signal (BFD-RS) set and a second BFD-RS set; (Zhou; at 1202, by the UE transmitting, to a network entity, an indication of one or more capabilities of the UE to support beam group specific BFR; Par. 0128…The UE may indicate various types of capabilities to support TRP specific (or beam group specific) BFR…Par. 0132…the maximum number of BFD RSs the UE supports in at least two BFD RS sets per DL BWP is based on a configuration (or capability) of the UE (e.g., including a possible configured value of one), Par. 0138 & Par. 133-0138) a receiver that receives one or two downlink control information (DCI) that schedules physical downlink shared channels (PDSCHs) to be transmitted from the first TRP and the second TRP; (Zhou; multi-TRP transmissions may be configured based on a single downlink control information (DCI) communication which (e.g., transmitted in a physical downlink control channel (PDCCH) 706 from TRP 704a) schedules downlink (DL) shared channel transmissions, such as physical downlink shared channel PDSCH 708 (e.g., Layer 1 (L1) PDSCH 708) transmitted from TRP 704a via the first beam and PDSCH 710 (e.g., Layer 2 (L2) PDSCH 710) transmitted from TRP 704b via the second beam. Par. 0081…In some other cases, as shown in example multi-TRP operation wireless communication system 700 of FIG. 7, multi-TRP transmissions may be configured based on multiple DCI communications.; Par. 0082) and a processor that, when the first BFD-RS set corresponding to the first TRP and the second BFD-RS set corresponding to the second TRP are not provided, determines the first BFD-RS set and the second BFD-RS set, (Zhou; At 904, PCell/PScell 902 may transmit (and UE 120 may receive), a configuration for BFD RSs…Up to two single port RSs may be configured. If not configured, the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used. For an active TCI state of a CORESET, there may be two RS indices, e.g., with QCL Type-D, that may be used.; Par. 0100) wherein the processor determines the first BFD-RS set to include a plurality of reference signals (RSs) in a transmission configuration indication (TCI) state for a first control resource set (CORESET) corresponding to the first TRP, and determines the second BFD-RS set to include a plurality of RSs in a TCJ state for a second CORESET corresponding to the second TRP. (Zhou; At 904, PCell/PScell 902 may transmit (and UE 120 may receive), a configuration for BFD RSs…Up to two single port RSs may be configured. If not configured, the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used. For an active TCI state of a CORESET, there may be two RS indices, e.g., with QCL Type-D, that may be used.; Par. 0100) Although Zhou teaches, wherein the processor determines the first BFD-RS set and the second BFD-RS set. (Zhou; Par. 0100) Zhou fails to explicitly teach, based on a first monitoring periodicity of a first search space set associated with the first CORESET and a second monitoring periodicity of a second search space set associated with the second CORESET. However, Raghavan teaches, based on a first monitoring periodicity of a first search space set associated with the first CORESET (Raghavan; For L.sub.max=4, the UE 101 selects the N.sub.RLM RS provided for active TCI states for PDCCH receptions in CORESETs associated with the search space sets in an order from the shortest monitoring periodicity; Par. 0043) and a second monitoring periodicity of a second search space set associated with the second CORESET (Raghavan; For L.sub.max=4, the UE 101 selects the N.sub.RLM RS provided for active TCI states for PDCCH receptions in CORESETs associated with the search space sets in an order from the shortest monitoring periodicity; Par. 0043). (Raghavan; Par. 0011, Par. 0028, Par. 0032 & Par. 0043) [The Examiner contends that Raghavan teaches it is well known in the art to consider/prioritize the monitoring periodicity of a search space when determining a CORESETs in a multi-TRP system capable of BFD] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Zhou to include the above cited limitations as taught by Raghavan in order to allow the UE is able to check the link quality more often (aka. shortest monitoring periodicity) (Raghavan; Par. 0043). Regarding claim 11, Zhou teaches, a base station comprising: a receiver that receives capability information indicating support for beam failure recovery (BFR) for a first transmission/reception point (TRP) and a second TRP based on a first beam failure detection-reference signal (BFD-RS) set and a second BFD-RS set; (Zhou; at 1302, by the network entity receiving, from a UE, an indication of one or more capabilities of the UE to support beam group specific BFR. At 1304, the network entity participates in the beam group specific BFR for the UE, in accordance with the indicated one or more capabilities of the UE…the maximum number of BFD RSs the UE supports in at least two BFD RS sets per DL BWP is based on a configuration (or capability) of the UE (e.g., including a possible configured value of one), Par. 0138; Par. 0131 & Par. 133-0138) a transmitter that transmits one or two downlink control information (DCI) that schedules physical downlink shared channels (PDSCHs) to be transmitted from the first TRP and the second TRP; (Zhou; multi-TRP transmissions may be configured based on a single downlink control information (DCI) communication which (e.g., transmitted in a physical downlink control channel (PDCCH) 706 from TRP 704a) schedules downlink (DL) shared channel transmissions, such as physical downlink shared channel PDSCH 708 (e.g., Layer 1 (L1) PDSCH 708) transmitted from TRP 704a via the first beam and PDSCH 710 (e.g., Layer 2 (L2) PDSCH 710) transmitted from TRP 704b via the second beam. Par. 0081…In some other cases, as shown in example multi-TRP operation wireless communication system 700 of FIG. 7, multi-TRP transmissions may be configured based on multiple DCI communications.; Par. 0082) and a processor that, when the first BFD-RS set corresponding to the first TRP and the second BFD-RS set corresponding to the second TRP are not provided for a terminal, determines that the first BFD-RS set and the second BFD-RS set are determined by the terminal, (Zhou; At 904, PCell/PScell 902 may transmit (and UE 120 may receive), a configuration for BFD RSs…Up to two single port RSs may be configured. If not configured, the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used. For an active TCI state of a CORESET, there may be two RS indices, e.g., with QCL Type-D, that may be used.; Par. 0100) wherein the first BFD-RS set includes a plurality of reference signals (RSs) in a transmission configuration indication (TCI) state for a first control resource set (CORESET) corresponding to the first TRP, and the second BFD-RS set includes a plurality of RSs in a TCI state for a second CORESET corresponding to the second TRP. (Zhou; At 904, PCell/PScell 902 may transmit (and UE 120 may receive), a configuration for BFD RSs…Up to two single port RSs may be configured. If not configured, the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used. For an active TCI state of a CORESET, there may be two RS indices, e.g., with QCL Type-D, that may be used.; Par. 0100) Although Zhou teaches, wherein the processor determines the first BFD-RS set and the second BFD-RS set are determined by the terminal. (Zhou; Par. 0100) Zhou fails to explicitly teach, based on a first monitoring periodicity of a first search space set associated with the first CORESET and a second monitoring periodicity of a second search space set associated with the second CORESET. However, Raghavan teaches, based on a first monitoring periodicity of a first search space set associated with the first CORESET (Raghavan; For L.sub.max=4, the UE 101 selects the N.sub.RLM RS provided for active TCI states for PDCCH receptions in CORESETs associated with the search space sets in an order from the shortest monitoring periodicity; Par. 0043) and a second monitoring periodicity of a second search space set associated with the second CORESET (Raghavan; For L.sub.max=4, the UE 101 selects the N.sub.RLM RS provided for active TCI states for PDCCH receptions in CORESETs associated with the search space sets in an order from the shortest monitoring periodicity; Par. 0043). (Raghavan; Par. 0011, Par. 0028, Par. 0032 & Par. 0043) [The Examiner contends that Raghavan teaches it is well known in the art to consider/prioritize the monitoring periodicity of a search space when determining a CORESETs in a multi-TRP system capable of BFD] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Zhou to include the above cited limitations as taught by Raghavan in order to allow the UE is able to check the link quality more often (aka. shortest monitoring periodicity) (Raghavan; Par. 0043). Regarding claim 12, Zhou teaches, a system comprising a terminal and a base station, wherein the terminal comprises: a transmitter that transmits capability information indicating support for beam failure recovery (BFR) for a first transmission/reception point (TRP) and a second TRP based on a first beam failure detection-reference signal (BFD-RS) set and a second BFD-RS set; (Zhou; at 1202, by the UE transmitting, to a network entity, an indication of one or more capabilities of the UE to support beam group specific BFR; Par. 0128…The UE may indicate various types of capabilities to support TRP specific (or beam group specific) BFR…Par. 0132…the maximum number of BFD RSs the UE supports in at least two BFD RS sets per DL BWP is based on a configuration (or capability) of the UE (e.g., including a possible configured value of one), Par. 0138 & Par. 133-0138) a receiver that receives one or two downlink control information (DCI) that schedules physical downlink shared channels (PDSCHs) to be transmitted from the first TRP and the second TRP; (Zhou; multi-TRP transmissions may be configured based on a single downlink control information (DCI) communication which (e.g., transmitted in a physical downlink control channel (PDCCH) 706 from TRP 704a) schedules downlink (DL) shared channel transmissions, such as physical downlink shared channel PDSCH 708 (e.g., Layer 1 (L1) PDSCH 708) transmitted from TRP 704a via the first beam and PDSCH 710 (e.g., Layer 2 (L2) PDSCH 710) transmitted from TRP 704b via the second beam. Par. 0081…In some other cases, as shown in example multi-TRP operation wireless communication system 700 of FIG. 7, multi-TRP transmissions may be configured based on multiple DCI communications.; Par. 0082) and a processor that, when the first BFD-RS set corresponding to the first TRP and the second BFD-RS set corresponding to the second TRP are not provided, determines the first BFD- RS set and the second BFD-RS set, (Zhou; At 904, PCell/PScell 902 may transmit (and UE 120 may receive), a configuration for BFD RSs…Up to two single port RSs may be configured. If not configured, the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used. For an active TCI state of a CORESET, there may be two RS indices, e.g., with QCL Type-D, that may be used.; Par. 0100) wherein the processor determines the first BFD-RS set to include a plurality of reference signals (RSs) in a transmission configuration indication (TCI) state for a first control resource set (CORESET) corresponding to the first TRP, and determines the second BFD-RS set to include a plurality of RSs in a TCI state for a second CORESET corresponding to the second TRP, (Zhou; At 904, PCell/PScell 902 may transmit (and UE 120 may receive), a configuration for BFD RSs…Up to two single port RSs may be configured. If not configured, the RS sets indicated by the active TCI states of CORESETs monitored by UE 120 may be used. For an active TCI state of a CORESET, there may be two RS indices, e.g., with QCL Type-D, that may be used.; Par. 0100) and the base station comprises: a transmitter that transmits the one or two DCI. (Zhou; multi-TRP transmissions may be configured based on a single downlink control information (DCI) communication which (e.g., transmitted in a physical downlink control channel (PDCCH) 706 from TRP 704a) schedules downlink (DL) shared channel transmissions, such as physical downlink shared channel PDSCH 708 (e.g., Layer 1 (L1) PDSCH 708) transmitted from TRP 704a via the first beam and PDSCH 710 (e.g., Layer 2 (L2) PDSCH 710) transmitted from TRP 704b via the second beam. Par. 0081…In some other cases, as shown in example multi-TRP operation wireless communication system 700 of FIG. 7, multi-TRP transmissions may be configured based on multiple DCI communications.; Par. 0082) Although Zhou teaches, wherein the processor determines the first BFD-RS set and the second BFD-RS set. (Zhou; Par. 0100) Zhou fails to explicitly teach, based on a first monitoring periodicity of a first search space set associated with the first CORESET and a second monitoring periodicity of a second search space set associated with the second CORESET. However, Raghavan teaches, based on a first monitoring periodicity of a first search space set associated with the first CORESET (Raghavan; For L.sub.max=4, the UE 101 selects the N.sub.RLM RS provided for active TCI states for PDCCH receptions in CORESETs associated with the search space sets in an order from the shortest monitoring periodicity; Par. 0043) and a second monitoring periodicity of a second search space set associated with the second CORESET (Raghavan; For L.sub.max=4, the UE 101 selects the N.sub.RLM RS provided for active TCI states for PDCCH receptions in CORESETs associated with the search space sets in an order from the shortest monitoring periodicity; Par. 0043). (Raghavan; Par. 0011, Par. 0028, Par. 0032 & Par. 0043) [The Examiner contends that Raghavan teaches it is well known in the art to consider/prioritize the monitoring periodicity of a search space when determining a CORESETs in a multi-TRP system capable of BFD] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Zhou to include the above cited limitations as taught by Raghavan in order to allow the UE is able to check the link quality more often (aka. shortest monitoring periodicity) (Raghavan; Par. 0043). 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 Noel R Beharry whose telephone number is (571)270-5630. The examiner can normally be reached M-Th 9-5pm. 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. 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. NOEL R. BEHARRY Supervisory Patent Examiner Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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Prosecution Timeline

Show 4 earlier events
Sep 04, 2025
Response Filed
Dec 05, 2025
Final Rejection mailed — §103
Feb 04, 2026
Response after Non-Final Action
Mar 30, 2026
Request for Continued Examination
Apr 07, 2026
Response after Non-Final Action
Apr 17, 2026
Non-Final Rejection mailed — §103
Jul 16, 2026
Response Filed
Aug 28, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+43.9%)
4y 5m (~1y 0m remaining)
Median Time to Grant
High
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