Prosecution Insights
Last updated: October 02, 2026
Application No. 18/274,076

TERMINAL, BASE STATION, AND RADIO COMMUNICATION METHOD

Non-Final OA §102§103
Filed
Jul 25, 2023
Priority
Jan 26, 2021 — nonprovisional of PCTJP2021002690
Examiner
RENNER, BRANDON M
Art Unit
2400
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Non-Final)
81%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
776 granted / 956 resolved
+23.2% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
54 currently pending
Career history
1009
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
52.4%
+12.4% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
15.8%
-24.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 956 resolved cases

Office Action

§102 §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 Amendment This communication is in response to the amendment filed 11/20/2025. The amendment has been entered and considered. 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. Claims 1, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Yamazaki et al. (US PG Pub. 2019/174479 A1, from IDS dated 07/25/2023, hereinafter “Yamazaki”). In regards to claim 1, Yamazaki teaches A terminal (UE) comprising: a receiver that receives a reference signal used for a purpose other than an acquisition of channel state information (¶ [0022], [0093] UE uses its receiver to receive a multicast broadcast single frequency network reference signal that may be for demodulation reference); and a processor that performs a measurement related to the acquisition of channel state information using the reference signal (¶ [0022], [0093], [0099] UE has a controller that measures the multicast broadcast single frequency network reference signal to feedback channel state information), the receiver does not assume a reception of a periodic reference signal used for the acquisition of channel state information when a specific condition is satisfied (¶ [0067], [0095] if the aperiodic single channel point to multipoint reference signal is set, it only assumes there is CRS). In regards to claim 4, Yamazaki teaches A base station comprising: a transmitter that transmits a reference signal used for a purpose other than an acquisition of channel state information (¶ [0027], [0093] eNB uses its receiver to transmit a reference signal that may be for demodulation reference); and a processor that assumes a measurement related to the acquisition of channel state information is performed using the reference signal (¶ [0027], [0093], [0099] eGNB receives channel state information from UE that measures the multicast broadcast single frequency network reference signal), the transmitter does not transmit a periodic reference signal used for the acquisition of channel state information when a specific condition is satisfied (¶ [0067], [0095] if the aperiodic single channel point to multipoint reference signal is set, it only assumes there is CRS. Further, in one method, aperiodic CSI feedback is used, and in another, periodic CSI feedback is used (Paragraphs 54-55). Thus, when the aperiodic CSI is being used, the claimed “a periodic reference signal” is not transmit. In regards to claim 5, the claim is interpreted and rejected for the same reason as set forth in claim 1. Claim Rejections - 35 USC § 103 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki et al. (US PG Pub. 2019/174479 A1, from IDS dated 07/25/2023, hereinafter “Yamazaki”) in view of Kang et al. (US PG Pub. 2020/0204239, from IDS dated 12/13/2024, hereinafter “Kang”). In regards to claim 3, Yamazaki does not teach the specific condition includes a condition that the measurement related to the acquisition of channel state information is performed using the reference signal within a specific period. In an analogous art, Kang teaches the specific condition includes a condition that the measurement related to the acquisition of channel state information is performed using the reference signal within a specific period (¶ [0268] channel state information is sent only when the slot offset is correct). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kang into Yamazaki to reduce overhead from reporting CSI, and in turn increases battery life by using less resources (¶ [0018]). Response to Arguments Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues the amended limitations (from now cancelled claim 2). Applicant argues Yamazaki determines the RS transmitted from the eNB used for measuring the channel state; however, the claim language states the UE does not assume a reception of a periodic reference signal used for the acquisition of CSI when a condition is satisfied. The Examiner respectfully disagrees. Yamazaki makes it clear that there are two methods used. In one method aperiodic CSI feedback is used, and in another, periodic CSI feedback is used (Paragraphs 54-55). Thus, when the aperiodic CSI is being used, the claimed “a periodic reference signal” is not “assumed” because it isn’t being received and/or transmit. 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 BRANDON M RENNER whose telephone number is (571)270-3621. The examiner can normally be reached Monday-Friday 7am-5pm EST. 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, Derrick Ferris can be reached at (571)-272-3123. 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. /BRANDON M RENNER/ Primary Examiner, Art Unit 2411
Read full office action

Prosecution Timeline

Jul 25, 2023
Application Filed
Aug 27, 2025
Non-Final Rejection mailed — §102, §103
Nov 20, 2025
Response Filed
Jul 28, 2026
Final Rejection mailed — §102, §103
Sep 22, 2026
Response after Non-Final Action

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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
81%
Grant Probability
99%
With Interview (+20.9%)
3y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 956 resolved cases by this examiner. Grant probability derived from career allowance rate.

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