Prosecution Insights
Last updated: July 17, 2026
Application No. 18/283,691

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Sep 22, 2023
Priority
Mar 31, 2021 — nonprovisional of PCTJP2021013986
Examiner
AMBAYE, MEWALE A
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
92%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
766 granted / 837 resolved
+33.5% vs TC avg
Minimal -1% lift
Without
With
+-1.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
26 currently pending
Career history
867
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
81.6%
+41.6% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 837 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 . This communication is in response to claims filed on 02/2726. Claims 1-9 are presented for examination. Claims 1-9 are currently amended. Information Disclosure Statement’s 5. The information disclosure statement(s) submitted on 04/22/26 have being considered by the examiner and made of record in the application file. Response to Arguments 6. Applicant’s amendment filed on 02/2726, regarding a specification objection (title) has been fully considered and are persuasive. Therefore, the specification has been withdrawn. 7. Applicant’s amendment filed on 02/2726, regarding a claim objection (1 & 3-9) has been fully considered and are persuasive. Therefore, the claim objection has been withdrawn. 8. Applicant's arguments and amendment filed on 02/2726, regarding a 103 rejection (Claims 1-9) have been fully considered but they are not persuasive as set forth below. 9. Regarding to claim 1 : The Applicant’s arguments on Pages 8-9 states, “Initially, Applicant notes that Liberg fails to address the issue around the failure of receiving at least one of a PBCH, a PDCCH, and a PDSCH carrying RMSI, which may be addressed by receiving another channel or signal. Specifically, Liberg only teaches repeated transmissions to ensure reception, barring access to resources to reduce demand on a network, or delaying access to resources to reduce demand on the network. See Liberg, [0009]-[0047]. Additionally, the Examiner correctly acknowledges that Liberg fails to teach the receiving section not receiving at least one of a PBCH, a PDCCH, and a PDSCH carrying RMSI. See Office Action, p. 6. Therefore, Liberg fails to disclose or otherwise suggest, at least, the above mentioned limitation (i). Luo fails to remedy the defects of Liberg regarding the above-mentioned limitation (i), as Luo also fails to teach without receiving at least one of a PBCH, a PDCCH, and a PDSCH carrying RMSI. While Luo may state that a control channel is not decoded, Luo does not explicitly teach that at least one of the one of a PBCH, a PDCCH, and a PDSCH carrying RMSI is not received. Further, while Luo may mention differences in power class of base stations may cause the UE to see strong interference in downlink, Luo does not mention the case where the control channel is not received at all, such as at the edge of a cell. See Luo, paragraph [0049]. The Examiner contends that Luo supplies what Liberg lacks regarding the above- mentioned limitation (i). See Office Action, p. 6. Specifically, the Examiner cites Luo's teaching of not decoding a control channel. See Office Action, p. 6. However, Applicant respectfully asserts that Luo fails to supply what Liberg lacks, for at least the reasons listed above” 10. The examiner respectfully disagrees with arguments since Liberg clearly discloses independent claim 1 as follow: Liberg discloses a terminal (See FIG. 11 & Para. 0122; a wireless terminal 1100) comprising: a receiving section (See FIG. 11 & Para. 0122; a wireless terminal 1100 includes a Transceiver Circuitry 1103) configured to, in an initial access procedure, not receive at least one of a physical broadcast channel (PBCH), a physical downlink control channel (PDCCH), and a physical downlink shared channel(PDSCH) carrying remaining minimum system information (RMSI), and receive another channel or signal (corresponding to the synchronization signal (PSS SSS)) in an initial access procedure (See Para. 0106; the wireless terminal synchronizes 620 to a cell via the synchronization channel and reads indication of access barring, for example the Resource Barring Bitmap (RBB), which is signalled in the synchronization channel. The wireless terminal then checks if the coverage class to which it belongs (e.g. class X) is set, according to the RBB. Para. 0080 also discloses In another example the signaling of the indication of access barring, or a change of the same, is performed using a synchronization channel (SCH)), for example, EC-SCH for EC-GSM-IoT, LTE primary synchronization signal or secondary synchronization signal (SSS) for eMTC and other LTE features or the NB Primary Synchronization Signal (NPSS) or the NB Secondary Synchronization Signal (NSSS) for NB-IoT. Thus, the wireless terminal synchronize the cell by using the SCH without receiving PBCH, PDCCH, PDSCH RMSI ); and a control section configured to perform control in the initial access procedure based on the other channel or signal (See Para. 0106; the wireless terminal synchronizes 620 to a cell via the synchronization channel and reads indication of access barring, for example the Resource Barring Bitmap (RBB), which is signalled in the synchronization channel. The wireless terminal then checks if the coverage class to which it belongs (e.g. class X) is set, according to the RBB. Thus, the wireless terminal receives BBB via SCH to determine the coverage class). Since Liberg dos not explicitly disclose the terminal receiving a signal “without receiving the following: PBCH, PDCCH, PDSCH carrying RMSI”, because Liberg terminal receives the synchronization signal (PSS SSS) via SCH, not via PBCH, PDCCH, PDSCH. Thus, the examiner is relaying on the second reference Lou to discloses receiving a signal “without receiving the following: PBCH, PDCCH, PDSCH (See Para. 0049-0055; UE 304 can decode a data channel carrying the random access response without decoding control channels (i.e., PBCH, PDCCH, PDSCH) in order to retrieve the payload information (e.g., temp-RNTI and uplink grant)). 11. Accordingly, amended claim 1 is rejected under 35 USC 103 rejection (Liberg in view of Lou) for at least the above rejection. 12. Independent claims 5-6 recite similar elements as independent claim 1. 13. Since the dependent claims (2-4 & 7-9) depend, either directly or indirectly, from applicant’s amended independent claims 1, 5 & 6 are rejected under 35 USC 103 rejection. Claim Rejections - 35 USC § 103 14. 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 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 of this title, 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. 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 35 U.S.C. 103 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. 15. Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Liberg et al. (hereinafter referred as Liberg) U.S. Patent Application Publication # 2019/0364489 A1, in view of Luo et al. (hereinafter referred as Luo) US Patent Application Publication No. 2011/0243075 A1. Regarding claims 1 & 5: Liberg discloses a terminal (See FIG. 11 & Para. 0122; a wireless terminal 1100)/a radio communication method comprising: a receiving section (See FIG. 11 & Para. 0122; a wireless terminal 1100 includes a Transceiver Circuitry 1103) configured to, in an initial access procedure, not receive at least one of a physical broadcast channel (PBCH), a physical downlink control channel (PDCCH), and a physical downlink shared channel(PDSCH) carrying remaining minimum system information (RMSI), and receive another channel or signal (corresponding to the synchronization signal (PSS SSS)) in an initial access procedure (See Para. 0106; the wireless terminal synchronizes 620 to a cell via the synchronization channel and reads indication of access barring, for example the Resource Barring Bitmap (RBB), which is signalled in the synchronization channel. The wireless terminal then checks if the coverage class to which it belongs (e.g. class X) is set, according to the RBB. Para. 0080 also discloses In another example the signaling of the indication of access barring, or a change of the same, is performed using a synchronization channel (SCH)), for example, EC-SCH for EC-GSM-IoT, LTE primary synchronization signal or secondary synchronization signal (SSS) for eMTC and other LTE features or the NB Primary Synchronization Signal (NPSS) or the NB Secondary Synchronization Signal (NSSS) for NB-IoT. Thus, the wireless terminal synchronize the cell by using the SCH without receiving PBCH, PDCCH, PDSCH RMSI ); and a control section configured to perform control in the initial access procedure based on the other channel or signal (See Para. 0106; the wireless terminal synchronizes 620 to a cell via the synchronization channel and reads indication of access barring, for example the Resource Barring Bitmap (RBB), which is signalled in the synchronization channel. The wireless terminal then checks if the coverage class to which it belongs (e.g. class X) is set, according to the RBB. Thus, the wireless terminal receives BBB via SCH to determine the coverage class). Liberg dos not explicitly disclose the terminal receiving a signal without receiving at least one of PBCH, PDCCH, PDSCH. However, Luo from the same field of endeavor discloses receiving a signal without receiving at least one of PBCH, PDCCH, PDSCH (See Para. 0049-0055; UE 304 can decode a data channel carrying the random access response without decoding control channels (i.e., PBCH, PDCCH, PDSCH) in order to retrieve the payload information (e.g., temp-RNTI and uplink grant)). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the terminal receiving a signal without receiving at least one of PBCH, PDCCH, PDSCH as taught by Luo in the system of Liberg in order to improved random access procedure for current and future versions of user equipment communicating with base stations (See Para. 0003; lines 1-2). Regarding claim 2: The combination of Liberg and Luo disclose a terminal. Furthermore, Liberg discloses a terminal, wherein in the initial access procedure, the receiving section is configured to not receive the PBCH, and receives the other channel or signal including at least one of a synchronization signal block (SSB) index (See Para. 0080 & 0106; the wireless terminal synchronizes 620 to a cell via the synchronization channel and reads indication of access barring. In another example the signaling of the indication of access barring, or a change of the same, is performed using a synchronization channel (SCH), for example the EC-SCH for EC-GSM-IoT, the LTE Primary Synchronization Signal (PSS) or Secondary Synchronization Signal (SSS)) OR (See Luo; Para. 0052). Regarding claim 3: The combination of Liberg and Luo disclose a terminal. Furthermore, Luo discloses a terminal, wherein in the initial access procedure, the receiving section is configured to not receive the PDCCH, and receives information related to a resource for the PDSCH carrying RMSI by using the PBCH, and receives information related to resources for a Message 2 PDSCH and a Message 4 PDSCH by using the PDSCH carrying RMSI (See Para. 0053, 0055; the base station 302 can send the random access response yielded by response production component 310 to UE 304. UE 304 can decode a data channel carrying the random access response without decoding control channels in order to retrieve the payload information (e.g., temp-RNTI and uplink grant). The UE derives resource/MCS or other information requiring for decoding Physical Downlink Shared Channel (PDSCH) through those mapping functions without decoding control channels. the contention resolution message (message 4) yielded by contention resolution component 312 can be transmitted by base station 302 to UE 304, and UE 304 can decode a data channel carrying the contention resolution message without decoding control channels. The location of the data channel containing contention resolution message can be linked to temp-RNTI, sub-frame number, system frame number and/or UE ID or other information know to UE and base station after processing message 3). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein in the initial access procedure, the receiving section is configured to not receive the PDCCH, and receives information related to a resource for the PDSCH carrying RMSI by using the PBCH, and receives information related to resources for a Message 2 PDSCH and a Message 4 PDSCH by using the PDSCH carrying RMSI as taught by Luo in the system of Liberg in order to improved random access procedure for current and future versions of user equipment communicating with base stations (See Para. 0003; lines 1-2). Regarding claim 4: The combination of Liberg and Luo disclose a terminal. Furthermore, Luo discloses a terminal, wherein, the receiving section is configured to not to receive the PDSCH carrying RMSI and receive information related to random access channel (RACH) transmission by using the PBCH or the PDCCH (See Para. 0050 & 0053; The base station can convey the RACH sequence and its usage through system information block. The base station may use PBCH payload or through physical signal such as PSS/SSS/PRS/RS. the UE 304 can derive message 2 payload information using preamble of one or more of the RACH sequence, random access-RNTI, Cell ID, sub-frame number, system frame number and Tx antenna information or any other information UE has acquired through downlink channels. This information is already known by UE using SIB, PBCH, PSS, SSS, PRS, RS or any combination signals or channels. Th cited phrases imply that the RACH procedure related to parameters are provided to the UE via PBCH (i.e., RACH sequence and SFN, and corresponding mapping between the RACH sequence and the SFN and other RACH parameters) without usage of RMSI). Regarding claim 6: Zeng discloses a base station (See FIG. 12 & Para. 0125; a radio network node) comprising: a transmitting section (See FIG. 12 & Para. 0125; a radio network node includes a Transceiver Circuitry 1203) configured to, in an initial access procedure, not to transmit at least one of a physical broadcast channel (PBCH), a physical downlink control channel (PDCCH) and a physical downlink shared adj3 channel (PDSCH) carrying remaining minimum system information (RMSI) and transmit another channel or signal (See Para. 0080 & 0106; the wireless terminal synchronises 620 to a cell via the synchronisation channel and reads indication of access barring, for example the Resource Barring Bitmap (RBB), which is signalled in the synchronisation channel. The wireless terminal then checks if the coverage class to which it belongs (e.g. class X) is set, according to the RBB. In another example the signaling of the indication of access barring, or a change of the same, is performed using a synchronization channel (SCH), for example the EC-SCH for EC-GSM-IoT, the LTE Primary Synchronization Signal (PSS) or Secondary Synchronization Signal (SSS) for eMTC and other LTE features or the NB Primary Synchronization Signal (NPSS) or the NB Secondary Synchronization Signal (NSSS) for NB-IoT); and a control section (See FIG. 12 & Para. 0125; a radio network node includes a Transceiver Circuitry 1203 includes a Processor Circuitry 1201) configured to perform control in the initial access procedure on a basis of the other channel or signal (See Para. 0106; the wireless terminal synchronizes 620 to a cell via the synchronization channel and reads indication of access barring, for example the Resource Barring Bitmap (RBB), which is signalled in the synchronization channel. The wireless terminal then checks if the coverage class to which it belongs (e.g. class X) is set, according to the RBB. Para. 0080 also discloses In another example the signaling of the indication of access barring, or a change of the same, is performed using a synchronization channel (SCH)), for example, EC-SCH for EC-GSM-IoT, LTE primary synchronization signal or secondary synchronization signal (SSS) for eMTC and other LTE features or the NB Primary Synchronization Signal (NPSS) or the NB Secondary Synchronization Signal (NSSS) for NB-IoT. Thus, the wireless terminal synchronize the cell by using the SCH without receiving PBCH, PDCCH, PDSCH RMSI ). Liberg dos not explicitly disclose the base station not to transmit at least one of PBCH, PDCCH, PDSCH. However, Luo from the same field of endeavor discloses the base station not to transmit at least one of PBCH, PDCCH, PDSCH (See Para. 0049-0055; UE 304 can decode a data channel carrying the random access response without decoding control channels (i.e., PBCH, PDCCH, PDSCH) in order to retrieve the payload information (e.g., temp-RNTI and uplink grant)). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the base station not to transmit at least one of PBCH, PDCCH, PDSCH as taught by Luo in the system of Liberg in order to improved random access procedure for current and future versions of user equipment communicating with base stations (See Para. 0003; lines 1-2). Regarding claim 7: The combination of Liberg and Luo disclose a terminal. Furthermore, Luo discloses a terminal, wherein in the initial access procedure, the receiving section is configure not to receive the PDCCH, and receives information related to a resource for the PDSCH carrying RMSI by using the PBCH, and receives information related to resources for a Message 2 PDSCH and a Message 4 PDSCH by using the PDSCH carrying RMSI (See Para. 0053, 0055; the base station 302 can send the random access response yielded by response production component 310 to UE 304. UE 304 can decode a data channel carrying the random access response without decoding control channels in order to retrieve the payload information (e.g., temp-RNTI and uplink grant). The UE derives resource/MCS or other information requiring for decoding Physical Downlink Shared Channel (PDSCH) through those mapping functions without decoding control channels. the contention resolution message (message 4) yielded by contention resolution component 312 can be transmitted by base station 302 to UE 304, and UE 304 can decode a data channel carrying the contention resolution message without decoding control channels. The location of the data channel containing contention resolution message can be linked to temp-RNTI, sub-frame number, system frame number and/or UE ID or other information know to UE and base station after processing message 3). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein in the initial access procedure, without receiving the PDCCH, the receiving section receives information related to a resource for the RMSI PDSCH by using the PBCH, and receives information related to resources for a Message 2 PDSCH and a Message 4 PDSCH by using the RMSI PDSCH as taught by Luo in the system of Liberg in order to improved random access procedure for current and future versions of user equipment communicating with base stations (See Para. 0003; lines 1-2). Regarding claim 8: The combination of Liberg and Luo disclose a terminal. Furthermore, Luo discloses a terminal, wherein the receiving section is configured to not receive the PDSCH carrying RMSI, and receives information related to random access channel (RACH) transmission by using the PBCH or the PDCCH (See Para. 0050 & 0053; The base station can convey the RACH sequence and its usage through system information block. The base station may use PBCH payload or through physical signal such as PSS/SSS/PRS/RS. the UE 304 can derive message 2 payload information using preamble of one or more of the RACH sequence, random access-RNTI, Cell ID, sub-frame number, system frame number and Tx antenna information or any other information UE has acquired through downlink channels. This information is already known by UE using SIB, PBCH, PSS, SSS, PRS, RS or any combination signals or channels. Th cited phrases imply that the RACH procedure related to parameters are provided to the UE via PBCH (i.e., RACH sequence and SFN, and corresponding mapping between the RACH sequence and the SFN and other RACH parameters) without usage of RMSI). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein without receiving the RMSI PDSCH, the receiving section receives information related to random access channel (RACH) transmission by using the PBCH or the PDCCH as taught by Luo in the system of Liberg in order to improved random access procedure for current and future versions of user equipment communicating with base stations (See Para. 0003; lines 1-2). Regarding claim 9: The combination of Liberg and Luo disclose a terminal. Furthermore, Luo discloses a terminal, wherein the receiving section is configured to not receive the PDSCH, and receives information related to random access channel (RACH) transmission by using the PBCH or the PDCCH (See Para. 0050 & 0053; The base station can convey the RACH sequence and its usage through system information block. The base station may use PBCH payload or through physical signal such as PSS/SSS/PRS/RS. the UE 304 can derive message 2 payload information using preamble of one or more of the RACH sequence, random access-RNTI, Cell ID, sub-frame number, system frame number and Tx antenna information or any other information UE has acquired through downlink channels. This information is already known by UE using SIB, PBCH, PSS, SSS, PRS, RS or any combination signals or channels. Th cited phrases imply that the RACH procedure related to parameters are provided to the UE via PBCH (i.e., RACH sequence and SFN, and corresponding mapping between the RACH sequence and the SFN and other RACH parameters) without usage of RMSI). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein without receiving the RMSI PDSCH, the receiving section receives information related to random access channel (RACH) transmission by using the PBCH or the PDCCH as taught by Luo in the system of Liberg in order to improved random access procedure for current and future versions of user equipment communicating with base stations (See Para. 0003; lines 1-2). Conclusion 16. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure. A. Park et al. 2020/0314916 A1 (Title: Method of operating transmitting UE in relation…) (See Abstract, Para. 0012 & 0037-0038). B. Kim et al. 2020/0236506 A1 (Title: Apparatus and method of performing positing in new radio..) (See abstract, Para. 0006 & 00813-0016). C. Vargas et al. 2020/0196162 A1 (Title: transmit/receive beam association in millimeter wave V2X) (See FIG. 1, Para. 0046, 0050 & 0160). 17. THIS ACTION IS MADE FINAL. 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 extension fee 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. 18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m.. 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, Ian Moore can be reached on (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MEWALE A AMBAYE/Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Sep 22, 2023
Application Filed
Nov 28, 2025
Non-Final Rejection mailed — §103
Feb 27, 2026
Response Filed
May 14, 2026
Final Rejection mailed — §103 (current)

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