Prosecution Insights
Last updated: July 17, 2026
Application No. 18/263,449

TERMINAL AND RADIO COMMUNICATION METHOD

Non-Final OA §103
Filed
Jul 28, 2023
Priority
Jan 29, 2021 — nonprovisional of PCTJP2021003406
Examiner
AJID, ABDELTIF
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
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
282 granted / 367 resolved
+18.8% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
15 currently pending
Career history
392
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
84.8%
+44.8% vs TC avg
§102
11.8%
-28.2% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 367 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 06/04/2026.This communication is considered fully responsive and sets forth below: Response to Amendment Acknowledgment is made of Applicant's submission of amendment, dated on 05/07/2026. 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 1-17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Canonne-Velasquez et al US20240259053A1in view of KHOSHNEVISAN et al.US 2022/0225291 Al in view of HWANG et al US 2021/0083730 A1 Regarding claim 1, Canonne-Velasquez et al US20240259053A1 discloses A terminal ( fi.2 WTRU in 201 simultaneous DL/DL (S-DD)),comprising: a transmitter that reports to a base station information [0174]WTRU indicate its capability to a gNB ) , a first reception unit that receives a beam for measurement of a reference signal; and a second reception unit that, with a same time of reception of the beam, receives a beam for reception of data or measurement of a reference signal [0061] multiple base stations (e.g., gNBs 180a, 180b, 180c)/TRPs are configured to communicate with a single WTRU, wherein WTRU has multiple antenna panels (i.e., a first reception unit and a second reception unit), which may enable multi-panel simultaneous transmission(s) and/or reception(s), where ( fig. 2: 201 simultaneous DL/DL (S-DD). And [0075] discloses in a S-DD mode, a WTRU with multiple panels simultaneously receives two PDSCHs or a PDSCH and a PDCCH, or two PDCCHs where each is transmitted from a different TRP. [0077] discloses A WTRU with multiple panels may simultaneously receive signals where each one is transmitted from a different TRP and [0091] discloses With S-DD mode, it may be possible for multiple RS to be sent simultaneously and the WTRU may monitor multiple RS simultaneously such as CSI-RS or SSB. A WTRU may use multiple panels for simultaneous reception where each panel may receive a RS. The WTRU may perform measurements on each RS, where [0103] a WTRU may measure beam reference signals from different panels or TRPs, wherein a measurement quality may be based on L1-RSRP or L1-SINR; a beam reference signal from a panel or TRP may be a reference signal configured with a panel identity or TRP identity. Canonne-Velasquez does not disclose capability is a combination of Quasi Co- Location - type D (QCL-D), used for receiving different beams at a same time; wherein each scheduling constraint is not applied when the simultaneous reception is performed. KHOSHNEVISAN et al.US 2022/0225291 Al discloses capability is a combination of Quasi Co- Location - type D (QCL-D), used for receiving different beams at a same time Fig. 5 step 510 and [0174]; the UE 120 may transmit capability information to the BS 110 , the capability information may indicate a number of supported simultaneous spatial QCLproperties for the UE 120. For example, the capability information may indicate that the UE 120 is capable of contemporaneous (i.e. same time ) communication using at least two spatial QCL properties. For example, the capability information may indicate a number of QCL Type D properties that the UE 120 can use for simultaneous reception of communication It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Canonne-Velasquez by including capability is a combination of Quasi Co- Location - type D (QCL-D), used for receiving different beams at a same time, as taught by KHOSHNEVISAN, in order to perform a contemporaneous (i.e. same time ) communication using at least two spatial QCL properties (see KHOSHNEVISAN [0174]). The combination of Canonne-Velasquez and KHOSHNEVISAN does not explicitly disclose wherein each scheduling constraint is not applied when the simultaneous reception is performed. HWANG et al US 2021/0083730 A1 discloses wherein each scheduling constraint is not applied when the simultaneous reception is performed [0192] discloses in an active DL BWP in CSI-RS based RRM measurement, scheduling restriction (i.e., scheduling constraint) is not necessary in a case in which the UE supports simultaneous reception for multiple numerologies, wherein [0151] discloses numerologies is define as simultaneous reception of signals based on different subcarrier spacings. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Canonne-Velasquez and KHOSHNEVISAN by including wherein each scheduling constraint is not applied when the simultaneous reception is performed, as taught by HWANG, in order to perform RRM measurement (see HWANG [0068]). Regarding claim 7, Canonne-Velasquez et al US20240259053A1 discloses A radio communication method of a terminal simultaneously ( fi.2 WTRU in 201 simultaneous DL/DL (S-DD)), performing the steps of: reporting to a base station information [0174]WTRU indicate its capability to a gNB ) , receiving a beam for measurement of a reference signal; and receiving, with the same time of reception of the beam ,a beam for reception of data or measurement of a reference signal [0061] MTRPs is configured to communicate with a single WTRU, wherein WTRU has multiple antenna panels (i.e., a first reception unit and a second reception unit), which may enable multi-panel simultaneous transmission(s) and/or reception(s), where ( fig. 2: 201 simultaneous DL/DL (S-DD). And [0075] discloses in a S-DD mode, a WTRU with multiple panels simultaneously receives two PDSCHs or a PDSCH and a PDCCH, or two PDCCHs where each is transmitted from a different TRP. [0077] discloses A WTRU with multiple panels may simultaneously receive signals where each one is transmitted from a different TRP and [0091] discloses With S-DD mode, it may be possible for multiple RS to be sent simultaneously and the WTRU may monitor multiple RS simultaneously such as CSI-RS or SSB. A WTRU may use multiple panels for simultaneous reception where each panel may receive a RS. The WTRU may perform measurements on each RS. [0103] a WTRU may measure beam reference signals from different panels or TRPs , wherein a measurement quality may be based on L1-RSRP or L1-SINR; a beam reference signal from a panel or TRP may be a reference signal configured with a panel identity or TRP identity. Canonne-Velasquez does not disclose Canonne-Velasquez does not disclose capability is a combination of Quasi Co- Location - type D (QCL-D), used for receiving different beams at a same time; wherein each scheduling constraint is not applied when the simultaneous reception is performed. KHOSHNEVISAN et al.US 2022/0225291 Al discloses capability is a combination of Quasi Co- Location - type D (QCL-D), used for receiving different beams at a same time Fig. 5 step 510 and [0174]; the UE 120 may transmit capability information to the BS 110 , the capability information may indicate a number of supported simultaneous spatial QCLproperties for the UE 120. For example, the capability information may indicate that the UE 120 is capable of contemporaneous (i.e. same time ) communication using at least two spatial QCL properties. For example, the capability information may indicate a number of QCL Type D properties that the UE 120 can use for simultaneous reception of communication It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Canonne-Velasquez by including capability is a combination of Quasi Co- Location - type D (QCL-D), used for receiving different beams at a same time, as taught by KHOSHNEVISAN, in order to perform a contemporaneous (i.e. same time ) communication using at least two spatial QCL properties (see KHOSHNEVISAN [0174]). The combination of Canonne-Velasquez and KHOSHNEVISAN does not explicitly disclose wherein each scheduling constraint is not applied when the simultaneous reception is performed. HWANG et al US 2021/0083730 A1 discloses wherein each scheduling constraint is not applied when the simultaneous reception is performed[0192]-[0193] discloses in an active DL BWP in CSI-RS based RRM measurement, scheduling restriction (i.e., scheduling constraint) is not necessary in a case in which the UE supports simultaneous reception for multiple numerologies, where the capability information about supporting of simultaneous reception of multiple numerologies may be defined as simultaneousRxDataCSIRS-DiffNumerology, for example. The UE may transmit the capability information about supporting of simultaneous reception of multiple numerologies to the serving cell. wherein [0151] discloses numerologies is define as simultaneous reception of signals based on different subcarrier spacings. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Canonne-Velasquez and KHOSHNEVISAN by including wherein each scheduling constraint is not applied when the simultaneous reception is performed, as taught by HWANG, in order to perform RRM measurement (see HWANG [0068]). Regarding claim 2, the combination of Canonne-Velasquez, KHOSHNEVISAN and HWANG discloses all features with respect to claim 1. Canonne-Velasquez further discloses wherein the simultaneous reception is configured for each frequency band (fig. 2: 201 simultaneous DL/DL (S-DD). And [0075] discloses in a S-DD mode, a WTRU with multiple panels simultaneously receives two PDSCHs or a PDSCH and a PDCCH, or two PDCCHs where each is transmitted from a different TRP. [0077] discloses A WTRU with multiple panels may simultaneously receive signals where each one is transmitted from a different TRP and [0091] discloses With S-DD mode, it may be possible for multiple RS to be sent simultaneously and the WTRU may monitor multiple RS simultaneously such as CSI-RS or SSB. A WTRU may use multiple panels for simultaneous reception where each panel may receive a RS. The WTRU may perform measurements on each RS, where [0103] a WTRU may measure beam reference signals from different panels or TRPs, wherein a measurement quality may be based on L1-RSRP or L1-SINR; a beam reference signal from a panel or TRP may be a reference signal configured with a panel identity or TRP identity; wherein [0104] the number of active panels may be determined based on at least one of following: WTRU capability indication; and frequency range (e.g., FRI, FR2). Regarding claims 3 and 8, the combination of Canonne-Velasquez ,KHOSHNEVISAN and HWANG discloses all features with respect to claims 1, and 2, respectively. Canonne-Velasquez further discloses wherein simultaneously receivable beams are 3 or more, or simultaneously receivable receivers are 3 or more [0061] multiple base stations (e.g., gNBs 180a, 180b, 180c)/TRPs are configured to communicate with a single WTRU, wherein WTRU has multiple antenna panels, which may enable multi-panel simultaneous transmission(s) and/or reception(s), wherein [0077] discloses A WTRU with multiple panels may simultaneously receive signals where each one is transmitted from a different TRP and [0091] discloses With S-DD mode, it may be possible for multiple RS to be sent simultaneously and the WTRU may monitor multiple RS simultaneously such as CSI-RS or SSB. A WTRU may use multiple panels for simultaneous reception where each panel may receive a RS. The WTRU may perform measurements on each RS, for example, [0118] WTRU may be in communication with three TRPs (e.g., TRPl, TRP2, and TRP3), each having a CSI-RS (e.g., CSI-RSl, CSI-RS2, and CSIRS3);wherein [0103] a WTRU may measure beam reference signals from different panels or TRPs, wherein a measurement quality may be based on L1-RSRP or L1-SINR; a beam reference signal from a panel or TRP may be a reference signal configured with a panel identity or TRP identity. Regarding claims 4, 9 and 10, the combination of Canonne-Velasquez, KHOSHNEVISAN and HWANG discloses all features with respect to claims1,2, and 3, respectively. Canonne-Velasquez further discloses WTRU support the simultaneous reception and/or the simultaneous transmission in (fig. 2: 201 simultaneous DL/DL (S-DD). And [0075] discloses in a S-DD mode, a WTRU with multiple panels simultaneously receives two PDSCHs or a PDSCH and a PDCCH, or two PDCCHs where each is transmitted from a different TRP. [0077] discloses A WTRU with multiple panels may simultaneously receive signals where each one is transmitted from a different TRP and [0091] discloses With S-DD mode, it may be possible for multiple RS to be sent simultaneously and the WTRU may monitor multiple RS simultaneously such as CSI-RS or SSB. A WTRU may use multiple panels for simultaneous reception where each panel may receive a RS. The WTRU may perform measurements on each RS, wherein [0104] the number of active panels may be determined based on at least one of following: WTRU capability indication; and frequency range (e.g., FRI, FR2 ). The combination of Canonne-Velasquez and KHOSHNEVISAN does not explicitly disclose a transmitter that transmits capability information to a network indicating capability related to the simultaneous reception and/or the simultaneous transmission. HWANG et al US 2021/0083730 A1 discloses a transmitter that transmits capability information to a network indicating capability related to the simultaneous reception and/or the simultaneous transmission [0192]-[0193] discloses in an active DL BWP in CSI-RS based RRM measurement, scheduling restriction (i.e., scheduling constraint) is not necessary in a case in which the UE supports simultaneous reception for multiple numerologies, where the capability information about supporting of simultaneous reception of multiple numerologies may be defined as simultaneousRxDataCSIRS-DiffNumerology, for example. The UE may transmit the capability information about supporting of simultaneous reception of multiple numerologies to the serving cell. wherein [0151] discloses numerologies is define as simultaneous reception of signals based on different subcarrier spacings. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Canonne-Velasquez and KHOSHNEVISAN by including a transmitter that transmits capability information to a network indicating capability related to the simultaneous reception and/or the simultaneous transmission, as taught by HWANG, in order to perform RRM measurement (see HWANG [0068]). Regarding claims 5,11,12 and 13, The combination of Canonne-Velasquez KHOSHNEVISAN and HWANG discloses all features with respect to claims1, 2,3 and 4, respectively. Canonne-Velasquez further discloses wherein it is assumed that the terminal also has other relevant capabilities other than the capability by the capability information [0035]the WTRU 102 may have multi-mode capabilities and ([0003] A wireless transmit receive unit (WTRU) may have multiple antenna panels which may be capable of different modes of operation, such as simultaneous DL/DL (S-DD), simultaneous UL/UL (S-UU) and simultaneous DL/UL (S-DU), such as ,in fig. 2 and [0075] 201 simultaneous DL/DL (S-DD); 202 simultaneous UL/UL (S-UU) and 203 simultaneous DL/UL (S-DU). Regarding claims 6,14,15,16 and 17, the combination of Canonne-Velasquez KHOSHNEVISAN and HWANG discloses all features with respect to claims1, 2,3,4and 5, respectively. Canonne-Velasquez further discloses wherein the measurement of the reference signal is at least one of a Radio Resource Management (RRM) measurement operation, a Radio Link Monitoring (RLM) operation, a Beam Failure Detection (BFD) operation, a Layer 1 Reference Signal Received Power/Signal to Interference Plus Noise (L1-RSRP/SINR) measurement operation (fig. 2: 201 simultaneous DL/DL (S-DD). And [0075] discloses in a S-DD mode, a WTRU with multiple panels simultaneously receives two PDSCHs or a PDSCH and a PDCCH, or two PDCCHs where each is transmitted from a different TRP; [0077] discloses A WTRU with multiple panels may simultaneously receive signals where each one is transmitted from a different TRP and [0091] discloses With S-DD mode, it may be possible for multiple RS to be sent simultaneously and the WTRU may monitor multiple RS simultaneously such as CSI-RS or SSB. A WTRU may use multiple panels for simultaneous reception where each panel may receive a RS. The WTRU may perform measurements on each RS, where [0103] a WTRU may measure beam reference signals from different panels or TRPs, wherein a measurement quality may be based on L1-RSRP or L1-SINR; a beam reference signal from a panel or TRP may be a reference signal configured with a panel identity or TRP identity, and a Positioning measurement operation. 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
Read full office action

Prosecution Timeline

Jul 28, 2023
Application Filed
Aug 06, 2025
Non-Final Rejection mailed — §103
Nov 03, 2025
Response Filed
Feb 10, 2026
Final Rejection mailed — §103
May 07, 2026
Response after Non-Final Action
Jun 04, 2026
Request for Continued Examination
Jun 09, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §103 (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
77%
Grant Probability
90%
With Interview (+12.8%)
3y 1m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 367 resolved cases by this examiner. Grant probability derived from career allowance rate.

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