Prosecution Insights
Last updated: May 29, 2026
Application No. 18/255,935

TERMINAL AND COMMUNICATION METHOD

Non-Final OA §103
Filed
Jun 05, 2023
Priority
Jan 18, 2021 — nonprovisional of PCTJP2021001538
Examiner
AJID, ABDELTIF
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
3 (Non-Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
276 granted / 360 resolved
+18.7% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
17 currently pending
Career history
387
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
85.7%
+45.7% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 360 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 Request for Continued Examination (RCE) Acknowledgment is made of Applicant's submission of Request for Continued Examination (RCE), dated on 04/03/2026.This communication is considered fully responsive and sets forth below: Response to Amendment Acknowledgment is made of Applicant's submission of amendment, dated on 04/03/2026. This communication is considered fully responsive and sets forth below: Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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. Claims 7-9 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over CHEN et al.US 2023/0108805 Al in view of Zhou et al US20240080151A1 (Canceled). Regarding claims 7 and 8, CHEN et al.US 2023/0108805 Al discloses (FIG.3 :UE) and a communication method executed by a terminal: comprising: a receiver (fig. 9 : UE includes a reception component 902) that receives a configuration for performing a received signal strength indicator (RSSI) measurement from a base station (fig. 3 step 310; [0153] the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement), and a processor (fig. 9 : UE includes a measurement component 908) that determines, based on the configuration, a subcarrier spacing [0184] the configuration information indicates a reference subcarrier spacing of the RSSI measurement, a TCI (Transmission Configuration Indicator) state [0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), and a measurement time considering a beam [0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, wherein the subcarrier spacing, the TCI state, and the measurement time are to be applied to the RSSI measurement, wherein the processor performs the RSSI measurement by applying the subcarrier spacing and the TCI state [0160]the UE 120 performs the RSSI measurement based at least in part on the configuration information, wherein[0184] the configuration information indicates a reference subcarrier spacing of the RSSI measurement, [0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), [0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, wherein information indicating the TCI state and a number of symbols indicating the measurement time [0160] the UE 120 performs the RSSI measurement based at least in part on the configuration information, wherein [0184] the configuration information indicates a reference subcarrier spacing of the RSSI measurement, [0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), [0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, for example [0157] a parameter associated with RSSI measurement may be selected from a set of values based at least in part on the RSSI measurement being configured with a TCI state configuration for example a measurement duration which is configured as (e.g., 84 symbols, 98 symbols, 114 symbols, or the like) and a reference subcarrier spacing which is configured to (e.g., 120 kHz, 240 kHz, or the like) , wherein [0169] An RSSI measurement symbol (also referred to as a measurement symbol) is a symbol in which an RSSI measurement is performed. Example, in a given measurement duration, RSSI measurements are performed for Beam 1, Beam 3, Beam 4, and Beam 6, the TCI state and the measurement time to be applied to the RSSI measurement, are included in the configuration of the RSSI measurement [0160] the UE 120 performs the RSSI measurement based at least in part on the configuration information, wherein [0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), and [0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, and wherein the terminal further comprises transmitter (fig. 9 : UE includes transmission component 904) that transmits a result of the RSSI measurement to the base station(FIG . 3 step 340 and [0152]-[0162} the UE 120 transmit a measurement report on the RSSI measurement to the BS 110) )( see also fig 7:step 730). While CHEN discloses in [0157] a parameter associated with RSSI measurement may be selected from a set of values based at least in part on the RSSI measurement being configured with a TCI state configuration.. As example, a reference subcarrier spacing may have a larger range of possible values that can be configured (e.g., 120 kHz, 240 kHz, or the like) than an omni-directional RSSI measurement, where “larger range” refers to reference subcarrier spacings that are wider than subcarrier spacings for the omni-directional RSSI measurement (i.e. the invention can be done on a larger range of possible values of a reference subcarrier spacing (e.g., 120 kHz, 240 kHz, or the like) However, CHEN does not explicitly disclose the subcarrier spacing being 480 kHz or 960 kHz. Zhou et al US20240080151A1 discloses the subcarrier spacing being 480 kHz or 960 kHz. [0070] The SSB with the subcarrier spacing of 480 kHz or 960 kHz is used for measurement of narrow beams to improve throughput. (See also [0038] discloses the SSB with the subcarrier spacing of 480 kHz or 960 kHz is configured. Such SSBs are mainly used for measurement (including CGI reporting)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CHEN by including the subcarrier spacing being 480 kHz or 960 kHz, as taught by Zhou, in order to improve throughput (see Zhou [0070]). Regarding claim 9, CHEN et al.US 2023/0108805 Al discloses a communication system comprising: a terminal (FIG.3: UE) and a base station (FIG.3: BS), wherein the terminal includes: a receiver (fig. 9 : UE includes a reception component 902) that receives a configuration for performing a received signal strength indicator (RSSI) measurement from a base station (fig. 3 step 310; [0153] the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement) a receiver (fig. 9 : UE includes a reception component 902) that receives a configuration for performing a received signal strength indicator (RSSI) measurement from the base station(fig. 3 step 310; [0153] the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement); and a processor (fig. 9 : UE includes a measurement component 908) that determines, based on the configuration, a subcarrier spacing[0184] the configuration information indicates a reference subcarrier spacing of the RSSI measurement,, a TCI (Transmission Configuration Indicator) state[0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), and a measurement time considering a beam[0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, wherein the subcarrier spacing, the TCI state, and the measurement time are to be applied to the RSSI measurement, wherein the processor performs the RSSI measurement by applying the subcarrier spacing and the TCI state [0160]the UE 120 performs the RSSI measurement based at least in part on the configuration information, wherein[0184] the configuration information indicates a reference subcarrier spacing of the RSSI measurement, [0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), [0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, wherein information indicating the TCI state and a number of symbols indicating the measurement time[0160]the UE 120 performs the RSSI measurement based at least in part on the configuration information, wherein[0184] the configuration information indicates a reference subcarrier spacing of the RSSI measurement, [0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), and [0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, for example [0157] a parameter associated with RSSI measurement is selected from a set of values based at least in part on the RSSI measurement being configured with a TCI state configuration for example a measurement duration which is configured as (e.g., 84 symbols, 98 symbols, 114 symbols, or the like) and a reference subcarrier spacing which is configured to (e.g., 120 kHz, 240 kHz, or the like) , wherein [0169] An RSSI measurement symbol (also referred to as a measurement symbol) is a symbol in which an RSSI measurement is performed, for Example, in a given measurement duration, RSSI measurements are performed for Beam 1, Beam 3, Beam 4, and Beam 6, the TCI state and the measurement time to be applied to the RSSI measurement, are included in the configuration of the RSSI measurement [0160] the UE 120 performs the RSSI measurement based at least in part on the configuration information, wherein[0184] the configuration information indicates a reference subcarrier spacing of the RSSI measurement, [0153] discloses the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement. the configuration information indicates a TCI state configuration (e.g., one or more TCI states for RSSI measurement to be performed by the UE 120), [0153] the configuration information may directly or indirectly indicate one or more beams on which to perform an RSSI measurement, a time interval in which to perform an RSSI measurement using a given beam, and wherein the terminal further includes a transmitter (fig. 9 : UE includes transmission component 904) that transmits a result of the RSSI measurement to the base station(FIG . 3 step 340 and [0152]-[0162} the UE 120 transmit a measurement report on the RSSI measurement to the BS 110) )( see also fig 7:step 730), and wherein the base station (FIG.3: BS) includes: a transmitter (fig. 10 the base station includes transmission component 1004) that transmits the configuration for performing the RSSI measurement to the terminal (fig. 3 step 310; [0153] the BS 110 may transmit, to the UE 120, configuration information for an RSSI measurement); and a receiver (fig. 10: the base station includes reception component 1002) that receives the result of the RSSI measurement from the terminal (FIG. 3 step 340 and [0152]-[0162} the UE 120 transmit a measurement report on the RSSI measurement to the BS 110) )( see also fig 7:step 730). While CHEN discloses in [0157] a parameter associated with RSSI measurement may be selected from a set of values based at least in part on the RSSI measurement being configured with a TCI state configuration. As example, a reference subcarrier spacing may have a larger range of possible values that can be configured (e.g., 120 kHz, 240 kHz, or the like) than an omni-directional RSSI measurement, where “larger range” refers to reference subcarrier spacings that are wider than subcarrier spacings for the omni-directional RSSI measurement (i.e. the invention can be done on a larger range of possible values of a reference subcarrier spacing (e.g., 120 kHz, 240 kHz, or the like) However, CHEN does not explicitly disclose the subcarrier spacing being 480 kHz or 960 kHz. Zhou et al US20240080151A1 discloses the subcarrier spacing being 480 kHz or 960 kHz. [0070] The SSB with the subcarrier spacing of 480 kHz or 960 kHz is used for measurement of narrow beams to improve throughput [0038] discloses the SSB with the subcarrier spacing of 480 kHz or 960 kHz is configured. Such SSBs are mainly used for measurement (including CGI reporting). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CHEN by including the subcarrier spacing being 480 kHz or 960 kHz, as taught by Zhou, in order to improve throughput (see Zhou [0070]). Response to Remarks/Arguments Applicant’s argument with respect to the pending claims have been fully considered, but they are not persuasive for at least the following reasons. Applicant’s amendment to claims necessitated the new ground(s) of rejection presented in this Office action. Therefore, Applicant's arguments with respect to the amended claims have been considered but are moot in view of the new ground(s) of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELTIF AJID whose telephone number is (571)272-7749. The examiner can normally be reached 9 am -5 pm. 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, Joseph Avellino can be reached at (571)272-3905. 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. /ABDELTIF AJID/ Primary Examiner, Art Unit 2478
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Prosecution Timeline

Jun 05, 2023
Application Filed
Sep 13, 2024
Response after Non-Final Action
Jun 30, 2025
Non-Final Rejection mailed — §103
Sep 30, 2025
Response Filed
Jan 06, 2026
Final Rejection mailed — §103
Apr 03, 2026
Request for Continued Examination
Apr 03, 2026
Response after Non-Final Action
Apr 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
90%
With Interview (+12.8%)
3y 1m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 360 resolved cases by this examiner. Grant probability derived from career allowance rate.

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