Prosecution Insights
Last updated: October 02, 2026
Application No. 18/272,711

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Jul 17, 2023
Priority
Jan 18, 2021 — nonprovisional of PCTJP2021001518
Examiner
DUONG, DUC T
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
4 (Final)
89%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
692 granted / 774 resolved
+31.4% vs TC avg
Minimal +2% lift
Without
With
+2.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
19 currently pending
Career history
793
Total Applications
across all art units

Statute-Specific Performance

§101
7.6%
-32.4% vs TC avg
§103
35.2%
-4.8% vs TC avg
§102
34.8%
-5.2% vs TC avg
§112
12.6%
-27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 774 resolved cases

Office Action

§103
DETAILED ACTION 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, see pages 1-5 in the Remarks, filed July 15, 2026, with respect to the rejection of claims 10, 11, and 14-16 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Galo et al (US Publication 2024/0098531 A1). 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 10, 11, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al (US Publication 2023/0371043 A1) in view of Taherzadeh et al (US Patent 12,160,386 B2) and Gao et al (US Publication 2024/0098531 A1). Regarding to claims 10 and 14, Pan discloses a terminal 204 (fig. 2) comprising: a transmitter 230 that reports a UE capability related to decoding of two physical downlink control channel PDCCH candidates out of a plurality of PDCCH candidates, the two PDCCH candidates are linked to each other (page 5 paragraphs 0049-0050); a processor 236 that determines, based on the UE capability, whether the two PDCCH candidates can be allocated (page 5-6 paragraph 0058); and a receiver 230 that receives the two PDCCH candidates when it is determined that the two PDCCH candidates can be allocated (page 6 paragraph 0061), wherein the two PDCCH candidates are present within a same slot (fig. 5 page 7 paragraph 0073), the two PDCCH candidates are associated with two search space sets (page 5 paragraphs 0044- 0045), respectively, the two PDCCH candidates associated with the two search space sets are linked with a same candidate index (page 8 paragraph 0080; noted the PDCCH candidates associated with the smaller SS set and the PDCCH candidates associated the larger SS set are linked with an equal index), and when it is determined that the two PDCCH candidates cannot be allocated, the processor determines, based on the UE capability, whether one or more PDCCH candidates out of the plurality of PDCCH candidates can be allocated (page 6 paragraphs 0062-0063). Pan fails to teach for the two search space sets have a same number of PDCCH candidates. Taherzadeh discloses a terminal 102 (fig. 1A) for receiving two search space sets having a same number of PDCCH candidates (col. 22 lines 28-43). Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for search space sets with the same number of PDCCH candidates as taught by Taherzadeh into Pan's system for receiving and transmitting downlink transmissions with increased reliability. Pan and Taherzadeh combined together fail to teach for the two PDCCH candidates are two repetitions, the two repetitions having a same number of control channel elements and coding bits, and corresponding to a same DCI payload. However, Gao discloses a radio terminal 130 for receiving two PDCCH candidates that are two repetitions, the two repetitions having a same number of control channel elements and coding bits, and corresponding to a same DCI payload (page 4 paragraph 0038). Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the two PDCCH candidates that are two repetitions as taught by Gao into the combination of Pan and Taherzadeh's system to improve reliability and robustness for PDCCH. Regarding to claim 11, Pan discloses the two PDCCH candidates are associated with two control resource sets, respectively (page 3 paragraph 0027). Regarding to claim 15, Pan discloses a base station 202 (fig. 2) comprising: a receiver 210 that receive a UE capability related to decoding of two physical downlink control channel PDCCH candidates out of a plurality of PDCCH candidates, the two PDCCH candidates are linked to each other (page 5 paragraphs 0049-0050); a processor 214 that determines, based on the UE capability, whether the two PDCCH candidates can be allocated (page 5-6 paragraph 0058); and a transmitter 230 that transmits a PDCCH on at least one of the two PDCCH candidates (page 11 paragraph 0096) when it is determined that the two PDCCH candidates can be allocated (page 5 paragraphs 0049-0050), wherein the two PDCCH candidates are present within a same slot (fig. 5 page 7 paragraph 0073), the two PDCCH candidates are associated with two search space sets (page 5 paragraphs 0044-0045), respectively, the two PDCCH candidates associated with the two search space sets are linked with a same candidate index (page 8 paragraph 0080; noted the PDCCH candidates associated with the smaller SS set and the PDCCH candidates associated the larger SS set are linked with an equal index), and when it is determined that the two PDCCH candidates cannot be allocated, the processor determines, based on the UE capability, whether one or more PDCCH candidates out of the plurality of PDCCH candidates can be allocated (page 6 paragraphs 0062-0063). Pan fails to teach for the two search space sets have a same number of PDCCH candidates. Taherzadeh discloses a terminal 102 (fig. 1A) for receiving two search space sets having a same number of PDCCH candidates (col. 22 lines 28-43). Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for search space sets with the same number of PDCCH candidates as taught by Taherzadeh into Pan's system for receiving and transmitting downlink transmissions with increased reliability. Pan and Taherzadeh combined together fail to teach for the two PDCCH candidates are two repetitions, the two repetitions having a same number of control channel elements and coding bits, and corresponding to a same DCI payload. However, Gao discloses a radio terminal 130 for receiving two PDCCH candidates that are two repetitions, the two repetitions having a same number of control channel elements and coding bits, and corresponding to a same DCI payload (page 4 paragraph 0038). Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the two PDCCH candidates that are two repetitions as taught by Gao into the combination of Pan and Taherzadeh's system to improve reliability and robustness for PDCCH. Regarding to claim 16, Pan discloses a system 200 (fig. 2) comprising a terminal 204 and a base station 202, the terminal 204 comprising: a transmitter 230 that reports a UE capability related to decoding of two physical downlink control channel PDCCH candidates out of a plurality of PDCCH candidates, the two PDCCH candidates are linked to each other (page 5 paragraphs 0049-0050); a processor 236 that determines, based on the UE capability, whether the two PDCCH candidates can be allocated (page 5-6 paragraph 0058); and a receiver 230 that receives the two PDCCH candidates when it is determined that the two PDCCH candidates can be allocated (page 6 paragraph 0061), wherein the two PDCCH candidates are present within a same slot (fig. 5 page 7 paragraph 0073), the two PDCCH candidates are associated with two search space sets (page 5 paragraphs 0044-0045), respectively, the two PDCCH candidates associated with the two search space sets are linked with a same candidate index (page 8 paragraph 0080; noted the PDCCH candidates associated with the smaller SS set and the PDCCH candidates associated the larger SS set are linked with an equal index), and when it is determined that the two PDCCH candidates cannot be allocated, the processor determines, based on the UE capability, whether one or more PDCCH candidates out of the plurality of PDCCH candidates can be allocated (page 6 paragraphs 0062-0063) and the base station 202 comprising: a receiver 210 that receive a UE capability related to decoding of two physical downlink control channel PDCCH candidates out of a plurality of PDCCH candidates, the two PDCCH candidates are linked to each other (page 5 paragraphs 0049-0050); a processor 214 that determines, based on the UE capability, whether the two PDCCH candidates can be allocated (page 5-6 paragraph 0058); and a transmitter 230 that transmits a PDCCH on at least one of the two PDCCH candidates (page 11 paragraph 0096) when it is determined that the two PDCCH candidates can be allocated (page 5 paragraphs 0049-0050), wherein the two PDCCH candidates are present within a same slot (fig. 5 page 7 paragraph 0073), the two PDCCH candidates are associated with two search space sets (page 5 paragraphs 0044-0045), respectively, the two PDCCH candidates associated with the two search space sets are linked with a same candidate index (page 8 paragraph 0080; noted the PDCCH candidates associated with the smaller SS set and the PDCCH candidates associated the larger SS set are linked with an equal index), and when it is determined that the two PDCCH candidates cannot be allocated, the processor determines, based on the UE capability, whether one or more PDCCH candidates out of the plurality of PDCCH candidates can be allocated (page 6 paragraphs 0062-0063). Pan fails to teach for the two search space sets have a same number of PDCCH candidates. Taherzadeh discloses a terminal 102 (fig. 1A) for receiving two search space sets having a same number of PDCCH candidates (col. 22 lines 28-43). Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for search space sets with the same number of PDCCH candidates as taught by Taherzadeh into Pan's system for receiving and transmitting downlink transmissions with increased reliability. Pan and Taherzadeh combined together fail to teach for the two PDCCH candidates are two repetitions, the two repetitions having a same number of control channel elements and coding bits, and corresponding to a same DCI payload. However, Gao discloses a radio terminal 130 for receiving two PDCCH candidates that are two repetitions, the two repetitions having a same number of control channel elements and coding bits, and corresponding to a same DCI payload (page 4 paragraph 0038). Thus, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange for the two PDCCH candidates that are two repetitions as taught by Gao into the combination of Pan and Taherzadeh's system to improve reliability and robustness for PDCCH. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Duc T Duong whose telephone number is (571)272-3122. The examiner can normally be reached Mon-Fri; 9am-6pm. 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, Hassan Phillips can be reached at (571)272-3940. 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. /DUC T DUONG/Primary Examiner, Art Unit 2467
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Prosecution Timeline

Show 3 earlier events
Oct 28, 2025
Response Filed
Jan 23, 2026
Final Rejection mailed — §103
Mar 23, 2026
Response after Non-Final Action
Apr 02, 2026
Request for Continued Examination
Apr 09, 2026
Response after Non-Final Action
May 15, 2026
Non-Final Rejection mailed — §103
Jul 15, 2026
Response Filed
Sep 16, 2026
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

5-6
Expected OA Rounds
89%
Grant Probability
92%
With Interview (+2.2%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 774 resolved cases by this examiner. Grant probability derived from career allowance rate.

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