Prosecution Insights
Last updated: April 19, 2026
Application No. 18/273,858

TERMINAL, BASE STATION, AND RADIO COMMUNICATION METHOD

Non-Final OA §102§112
Filed
Jul 24, 2023
Examiner
BELUR, DEEPA
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
2y 8m
To Grant
94%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
485 granted / 582 resolved
+25.3% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
20 currently pending
Career history
602
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
16.9%
-23.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 582 resolved cases

Office Action

§102 §112
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 . Claims 1-6 are amended. Claims 1-6 have been examined and rejected based on new grounds of rejection. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites in part: “…and a processor that controls to omi when a specific condition is satisfied.” The underlined claim limitation is unclear as to what is meant by “at least part of the reference signal”, in the context of the claim, since it implies a reference signal received partially or split in part so as to be able to receive a part of the reference signal, making the underlined limitation confusing and hence unclear. For the sake of comparison with prior art, the above limitation will be interpreted to mean “the UE will omit measurement of a reference signal when a specific condition is satisfied”. The dependent claims 2-3, 6 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph by virtue of their dependency and for the same reasons stated above. Additionally, claims 3, 6 recites in part: “… the processor performs an action not to assume the reception of at least a part of the reference signal based on a notification received from the network”. The underlined claim limitation is unclear as to 1) how can a UE “not assume reception”. Here it is not clear what action is “not to assume”, since it is very vague as to what exactly is the meaning of the limitation “performs an action not to assume” and what is the “assumed action”. 2) The limitation “part of a reference signal” is unclear as to what is meant by “at least part of the reference signal”, since it implies a reference signal received partially or split in part so as to receive a part of the reference signal, making the underlined limitations confusing and hence unclear. For the sake of comparison with prior art, the above limitation will be interpreted to mean “the UE will not receive a reference signal by omitting measurement of the reference signal”. Claim 4 recites in part: “A base station … a processor that assumes not to receive a measurement result …”. The underlined claim limitation is unclear as to how can a base station “assumes not to receive a measurement result”, since the base station can either receive a measurement result or not receive a measurement result, making this limitation unclear, confusing and hence indefinite. Claim 5 recites in part: “… omitting reception of at least a part of the reference signal…”. it is unclear as to what is meant by “omit reception of at least part of the reference signal”, since it implies omit a reference signal received partially or split in part, making the underlined limitation confusing and hence unclear. For the sake of comparison with prior art, the above limitation will be interpreted to mean “the UE will omit measurement of a reference signal when a specific condition is satisfied”. Claim Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagraj (US 10,868,588 B2, from IDS). Regarding Claim 1, Nagraj discloses a terminal (see FIG. 3. terminal 350 and also see FIG. 5) comprising: a receiver (see FIG. 3, Rx/Tx 354, transceiver) that receives a reference signal periodically transmitted from a network (see FIG. 5, page 22, lines 34-41, the base station may notify UE to monitor one or more reference signals. The reference signals may include, e.g., any of CSI-RS, DMRS for NR-PDCCH in C-SS, DMRS for NR-PBCH in user search space (U-SS), NR-SSS, and a reference signal for time/frequency tracking. The reference signals may comprise periodic, aperiodic or semi-persistent transmissions … line 49, The base station may transmit reference signals to UE); a transmitter (see FIG. 3, Rx/Tx 354, transceiver) that transmits a measurement result of the reference signal; and a processor (see FIG. 3, control processor 359) that control to omit a reception of at least a part of the reference signal when a specific condition is satisfied (Examiners Note: Please refer to the claim interpretation above, based on this interpretation, see FIG. 5, see col 14, lines 12-24, Similar to the conditional transmission of a reference signal performed by the base station, the UE may perform conditional measurement of a reference signal. For example, as illustrated in FIG. 5, when the UE has received a transmission, e.g., a data transmission, a control transmission, or a reference signal transmission 522, having an SNR or signal quality above a threshold within a time window 524, the UE may skip 526 measurement of a reference signal. The skipped reference signal may be, e.g., for RLM, beam recovery, beam management, etc. The data/control/RS transmission received from the base station may comprise any of PDCCH, PDSCH, RS, etc.) Regarding Claim 2, Nagraj discloses the terminal according to claim 1, wherein the specific condition includes a condition defined by one or more operation is performed or not in a specific period, the ore or more operation selected from a transmission of uplink data, a transmission of uplink reference signal, a reception of downlink data, a report of reception acknowledgement, and a report of channel status indicator (see FIG. 5, as illustrated in FIG. 5, when the UE has received a transmission, e.g., a data transmission, a control transmission, or a reference signal transmission 522, having an SNR or signal quality above a threshold within a time window 524, the UE may skip 526 measurement of a reference signal. The skipped reference signal may be, e.g., for RLM, beam recovery, beam management, etc. The data/control/RS transmission received from the base station may comprise any of PDCCH, PDSCH, RS, etc.) Regarding Claim 3, Nagraj discloses the terminal according to claim 1, wherein the processor performs an action not to assume the reception of at least a part of the reference signal based on a notification received from the network (see FIG. 12. Col 19, lines 39-57, Upon determining that the transmission was received at the user equipment, the base station may skip transmission of the reference signal … Upon determining that the transmission was received at the user equipment, the base station may schedule a different user equipment, at 1220, in place of transmitting the reference signal. Upon determining that the transmission was received at the user equipment, the base station may indicate, at 1222, to the user equipment that the reference signal is skipped). Regarding Claim 4, Nagraj discloses a base station (see FIG. 3, base station 310, and also see FIG. 5) comprising: a transmitter (see FIG. 3, Transceiver 318) that transmits a reference signal periodically (see FIG. 5, page 22, lines 34-41, the base station may notify UE to monitor one or more reference signals. The reference signals may include, e.g., any of CSI-RS, DMRS for NR-PDCCH in C-SS, DMRS for NR-PBCH in user search space (U-SS), NR-SSS, and a reference signal for time/frequency tracking. The reference signals may comprise periodic, aperiodic or semi-persistent transmissions … line 49, The base station may transmit reference signals to UE); a receiver (see FIG. 3, Transceiver 318) that receives a measurement result of the reference signal; and a processor (see FIG. 3, controller/processor 375) that assumes not to receive at least a part of the measurement result when a specific condition is satisfied (see FIG. 5, as illustrated in FIG. 5, when the UE has received a transmission, e.g., a data transmission, a control transmission, or a reference signal transmission 522, having an SNR or signal quality above a threshold within a time window 524, the UE may skip 526 measurement of a reference signal/i.e., representing skipped measurement result from the terminal). Regarding Claim 5, Nagraj discloses a radio communication method comprising: receiving a reference signal periodically transmitted from a network (see FIG. 5, page 22, lines 34-41, the base station may notify UE to monitor one or more reference signals. The reference signals may include, e.g., any of CSI-RS, DMRS for NR-PDCCH in C-SS, DMRS for NR-PBCH in user search space (U-SS), NR-SSS, and a reference signal for time/frequency tracking. The reference signals may comprise periodic, aperiodic or semi-persistent transmissions … line 49, The base station may transmit reference signals to UE); transmitting a measurement result of the reference signal; and omitting a reception of at least a part of the reference signal when a specific condition is satisfied (Examiners Note: Please refer to the claim interpretation above, based on this interpretation, see FIG. 5, see col 14, lines 12-24, Similar to the conditional transmission of a reference signal performed by the base station, the UE may perform conditional measurement of a reference signal. For example, as illustrated in FIG. 5, when the UE has received a transmission, e.g., a data transmission, a control transmission, or a reference signal transmission 522, having an SNR or signal quality above a threshold within a time window 524, the UE may skip 526 measurement of a reference signal. The skipped reference signal may be, e.g., for RLM, beam recovery, beam management, etc. The data/control/RS transmission received from the base station may comprise any of PDCCH, PDSCH, RS, etc.) Regarding Claim 6, Nagraj discloses the terminal according to claim 2, wherein the processor performs an action not to assume the reception of at least a part of the reference signal based on a notification received from the network (see FIG. 12. Col 19, lines 39-57, Upon determining that the transmission was received at the user equipment, the base station may skip transmission of the reference signal … Upon determining that the transmission was received at the user equipment, the base station may schedule a different user equipment, at 1220, in place of transmitting the reference signal. Upon determining that the transmission was received at the user equipment, the base station may indicate, at 1222, to the user equipment that the reference signal is skipped). Response to Arguments Applicant's arguments filed 12/12/2025 have been fully considered but they are not persuasive as detailed below: On pages 7-8, regarding the Claim 1 “a processor that control to omit a reception of at least a part of the reference signal when a specific condition is satisfied."; the Applicant argues that: “ … Contrarily, the above-mentioned limitation requires that, in order to reduce power consumption and overhead of the UE, the UE performs an operation of omitting reception of the periodic RS or an operation of omitting measurement related to the periodic RS when a specific condition is satisfied. Nagaraja discloses only that the UE does not receive the reference signal because the base station skips transmission of the reference signal under certain conditions and does not disclose or suggest any operation whereby the UE omits receiving the reference signal transmitted from the base station. Thus, because Nagaraja does not provide this feature required by the above- mentioned limitation, Nagaraja fails to teach the amended independent claim 1.” The Examiner respectfully disagrees. Based on the new amendments, the above limitation is taught by Nagraj, as mapped using different mappings. Please refer to the rejection of Claim 1 above for details. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEEPA BELUR whose telephone number is (571)270-3722. The examiner can normally be reached M-F 8 am - 4:30 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, Kevin Bates can be reached at 571-272-3980. 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. /DEEPA BELUR/Primary Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Jul 24, 2023
Application Filed
Sep 12, 2025
Non-Final Rejection — §102, §112
Dec 12, 2025
Response Filed
Jan 29, 2026
Non-Final Rejection — §102, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
83%
Grant Probability
94%
With Interview (+11.2%)
2y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 582 resolved cases by this examiner. Grant probability derived from career allow rate.

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