Prosecution Insights
Last updated: July 17, 2026
Application No. 18/273,858

TERMINAL, BASE STATION, AND RADIO COMMUNICATION METHOD

Final Rejection §102§112
Filed
Jul 24, 2023
Priority
Jan 26, 2021 — nonprovisional of PCTJP2021002694
Examiner
BELUR, DEEPA
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
3 (Final)
84%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
493 granted / 590 resolved
+25.6% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
17 currently pending
Career history
610
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
88.6%
+48.6% vs TC avg
§102
3.5%
-36.5% vs TC avg
§112
3.4%
-36.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 590 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 . This action is in response to the amendments filed on 4/27/2026. Claims 1, 4-5 are amended. Claims 2 and 6 are cancelled. Claims 1, 3-5 are examined and rejected. The 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejection for claims 1, 4-5 has been overcome based on the amendments and Applicant arguments. The 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejection for claim 3 has been maintained, as this claim has not been amended to overcome this 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. Claim 3 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 3 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 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, 3-5 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 (see page 21, lines 55-65, a UE performs measurements of a set of reference signals. The measurements may include deriving a metric similar to Signal to Interference plus Noise Ratio (SINR) for a reference signal; at page 22, lines 52-57, when the base station has received a transmission 516, e.g., a control transmission from the UE within a time window, and the received transmission has an SNR or signal quality above a threshold/i.e., the measurement result from UE, the base station may skip or modify a transmission of a reference signal); and a processor (see FIG. 3, control processor 359) that control to omit a reception of the reference signal when a specific condition is satisfied (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.), wherein the specific condition includes a condition defined by at least one operation is performed in a specific period, the at least one operation selected from (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 (see page 21, lines 55-65, a UE performs measurements of a set of reference signals. The measurements may include deriving a metric similar to Signal to Interference plus Noise Ratio (SINR) for a reference signal; at page 22, lines 52-57, when the base station has received a transmission 516, e.g., a control transmission from the UE within a time window, and the received transmission has an SNR or signal quality above a threshold/i.e., the measurement result from UE, the base station may skip or modify a transmission of a reference signal); and a processor (see FIG. 3, controller/processor 375) that determines not to expect reception of the measurement result for one or more periodic reference signal occasions 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), wherein the specific condition includes a condition defined by at least one operation is performed or not in a specific period, the at least one operation selected from a transmission of uplink data, a transmission of uplink reference signal, a reception of downlink data, a report of a reception acknowledgement. and a report of a channel status indicator (see page 22, lines 52-59, when the base station has received a transmission 516, e.g., a data transmission, a control transmission, or a reference signal transmission, from the UE within a time window 518, and the received transmission has an SNR or signal quality above a threshold, the base station may skip 520 a transmission of a reference signal. The skipped reference signal may be, e.g., for RLM, beam recovery, beam management). Regarding Claim 5, Nagraj discloses a radio communication method (see FIG. 5) 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 (see page 21, lines 55-65, a UE performs measurements of a set of reference signals. The measurements include deriving a metric similar to Signal to Interference plus Noise Ratio (SINR) for a reference signal; at page 22, lines 52-57, the base station has received a transmission 516, e.g., a control transmission from the UE within a time window, the received transmission has an SNR or signal quality above a threshold/i.e., the measurement result from UE); and omitting a reception of the reference signal for one or more configured periodic reference signal occasions when a specific condition is satisfied (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.), wherein the specific condition includes a condition defined by at least one operation is performed or not in a specific period, the at least one operation selected from a transmission of uplink data, a transmission of uplink reference signal, a reception of downlink data, a report of a reception acknowledgement, and a report of a 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.). Response to Arguments Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive as detailed below: On page 8, regarding the amended claim 1 limitation: “… the specific condition includes a condition defined by at least one operation is performed in a specific period, the at least one 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”, the Applicant argues that: “… Nagraj passage (col 14, lines 12-23) describes a reactive, downlink-only, quality-dependent condition for skipping measurement. In comparison, the above-referenced previously presented dependent claim 2 defines a bidirectional and activity-based condition for omitting reception. This condition differs significantly from the condition in the above passage as it encompasses both directions of communication and depends on the terminal performing an operation as opposed to receiving a transmission”. The Examiner respectfully disagrees. Nagraj teaches that a UE omits a reception of the reference signal, based on a conditional measurement of the reference signal, i.e., SNR is above a threshold within a specific period (tie window). For example, when the UE has received a transmission, e.g., a data transmission, a control transmission, or a reference signal transmission, having an SNR or signal quality above a threshold within a time window, the UE skips 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. Thus, the UE performs a conditional measurement of the reference signal and clearly teaches the above limitation. Hence Nagraj clearly teaches the amended claim 1. Additionally, the Applicant argues that “… claim 2 defines a bidirectional and activity-based condition for omitting reception. This condition differs significantly from the condition in the above passage as it encompasses both directions of communication and depends on the terminal performing an operation as opposed to receiving a transmission”. It is not clear what the Applicant is referring to as “bidirectional and activity-based condition for omitting reception”. There is no mention in the specification regarding a “bidirectional and activity-based condition for omitting reception”, and has not been claimed either. 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 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 16, 2025
Non-Final Rejection mailed — §102, §112
Dec 12, 2025
Response Filed
Feb 02, 2026
Non-Final Rejection mailed — §102, §112
Apr 27, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §102, §112 (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

4-5
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+10.7%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 590 resolved cases by this examiner. Grant probability derived from career allowance rate.

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