Prosecution Insights
Last updated: April 19, 2026
Application No. 18/255,935

TERMINAL AND COMMUNICATION METHOD

Final Rejection §102
Filed
Jun 05, 2023
Examiner
AJID, ABDELTIF
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
89%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
271 granted / 355 resolved
+18.3% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
386
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
59.5%
+19.5% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 355 resolved cases

Office Action

§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 Amendment Acknowledgment is made of Applicant's submission of amendment, dated on 09/30/2025. This communication is considered fully responsive and sets forth below: 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHEN et al.US 2023/0108805 Al. (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). . 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). Response to Remarks/Arguments Applicant’s argument: Applicant argued that the references cited do not disclose (i) "a processor that determines, based on the configuration, a subcarrier spacing, a TCI (Transmission Configuration Indicator) state, and a measurement time considering a beam, wherein the subcarrier spacing, the TCI state, and the measurement time are to be applied to the RSSI measurement”; and (ii) "wherein information indicating the TCI state and a number of symbols indicating the measurement time, the TCI state and the measurement time to be applied to the RSSI measurement, are included in the configuration of the RSSI measurement” , as cited in claim 7. Examiner’s response: Applicant’s argument with respect to the pending claims have been fully considered, but they are not persuasive for at least the following reasons: -The reference CHEN et al.US 2023/0108805 Al discloses i) “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, ii) “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. Based on the fact, Examiner respectfully disagrees that the prior art cited does not teach the limitation of the independent claim 7, as argued by applicants. The other Independent Claims, recite features analogous to those of Claim 7, the cited passages teach the other independent claims, as well. 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 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
Read full office action

Prosecution Timeline

Jun 05, 2023
Application Filed
Sep 13, 2024
Response after Non-Final Action
Jun 26, 2025
Non-Final Rejection — §102
Sep 30, 2025
Response Filed
Jan 01, 2026
Final Rejection — §102 (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

3-4
Expected OA Rounds
76%
Grant Probability
89%
With Interview (+13.1%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
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