Prosecution Insights
Last updated: April 19, 2026
Application No. 18/294,012

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §103
Filed
Jan 31, 2024
Examiner
SOE, KYAW Z
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
311 granted / 348 resolved
+31.4% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
34 currently pending
Career history
382
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
7.7%
-32.3% vs TC avg
§112
15.8%
-24.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 348 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to an application filed on 01/31/2024. Claims 1- 8 are pending for examination. Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The information disclosure statement (IDS) was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The Examiner contends that the drawings submitted on 01/31/2024are acceptable for examination proceedings. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Examiner suggest the alternative title that emphasize the inventive aspects as “MAC CE- Based Timing Control for TCI State Activation in Wireless Terminals”. 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. 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(a) 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. Claims 1- 8 are rejected under 35 U.S.C. 103 as being unpatentable over Farag et al. (US 20240179733 A1), hereinafter “Farag”; and in further view of Zhou et al. (US 20230300851 A1), hereinafter “Zhou”. Regarding claim 1, Park teaches A terminal comprising: a receiving section that receives a Medium Access Control control element (MAC Control Element (CE)) including a field indicating a time period from a given timing [Farag: Figs. 11, 20; Par. 159- 160; Par. 261- 270 teaches UE receive MAC CE with TCI states where TCI signaled at time becomes effective and time-duration] until activation of a transmission configuration indication state (TCI state) [Farag: Par. 261- 270 further teaches timed-duration is time required for next/new TCI state to be activate]; PNG media_image1.png 522 692 media_image1.png Greyscale However, Farag does not teach a control section that controls the activation of the TCI state based on the MAC CE. Nevertheless, Zhou, in the similar filed of endeavor, teaches a control section that controls the activation of the TCI state based on the MAC CE [Zhou: Figs.3, 6; Par. 111, 140- 141 teaches TCI state is activated by MAC-CE by selecting from candidate TCI states]. PNG media_image2.png 494 688 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Zhou for controlling of TCI activation. The teaching of Zhou, when implemented in the Farag system, will allow one of ordinary skill in the art to perform data transmit or control information [Zhou: Par. 63]. One of ordinary skill in the art would be motivated to utilize the teachings of Farag in the Zhou system in order to improve configuring of TCI state via MAC-CE [Zhou: Par. 15]. Regarding claim 2, the combined Farag in view of Zhou teaches all the limitations in the parent claim 1. Farag in view of Zhou further teaches when the MAC CE includes the field indicating a first time period and the field indicating a second time period, the control section activates a first TCI state after the first time period has elapsed since the given timing, and activates a second TCI state after the second time period has elapsed since the given timing [Farag: Fig. 28; Par. 301 teaches of TCI state signaling with time t1+timeduration which is the time required for the new TCI to be activate]. Regarding claim 3, the combined Farag in view of Zhou teaches all the limitations in the parent claim 1. Farag in view of Zhou further teaches when the MAC CE includes the field indicating a first time period and the field indicating a second time period, the control section activates a first TCI state after the first time period has elapsed since the given timing, and activates a second TCI state after a sum of the first time period and the second time period has elapsed since the given timing [Farag: Fig. 28; Par. 301 teaches of TCI state signaling with time t1+timeduration which is the time required for the new TCI to be activate]. Regarding claim 4, the combined Farag in view of Zhou teaches all the limitations in the parent claim 1. Farag in view of Zhou further teaches the given timing is a timing at which an uplink control channel having a Hybrid Automatic Repeat request ACKnowledgement (HARQ-ACK) corresponding to a downlink shared channel for conveying the MAC CE is transmitted [Farag: See Fig. 28 where TCI state update corresponding PUCCH of HARQ-ACK]. Regarding claim 5, Park teaches A radio communication method for a terminal, the radio communication method comprising: receiving a Medium Access Control control element (MAC Control Element (CE)) including a field indicating a time period from a given timing[Farag: Figs. 11, 20; Par. 159- 160; Par. 261- 270 teaches UE receive MAC CE with TCI states where TCI signaled at time becomes effective and time-duration] until activation of a transmission configuration indication state (TCI state) [Farag: Par. 261- 270 further teaches timed-duration is time required for next/new TCI state to be activate]; PNG media_image1.png 522 692 media_image1.png Greyscale However, Farag does not teach controlling the activation of the TCI state based on the MAC CE. Nevertheless, Zhou, in the similar filed of endeavor, teaches controlling the activation of the TCI state based on the MAC CE [Zhou: Figs.3, 6; Par. 111, 140- 141 teaches TCI state is activated by MAC-CE by selecting from candidate TCI states]. PNG media_image2.png 494 688 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Zhou for controlling of TCI activation. The teaching of Zhou, when implemented in the Farag system, will allow one of ordinary skill in the art to perform data transmit or control information [Zhou: Par. 63]. One of ordinary skill in the art would be motivated to utilize the teachings of Farag in the Zhou system in order to improve configuring of TCI state via MAC-CE [Zhou: Par. 15]. Regarding claim 6, Park teaches A base station comprising: a transmitting section that transmits, to a terminal, a Medium Access Control control element (MAC Control Element (CE)) including a field indicating a time period from a given timing [Farag: Figs. 11, 20; Par. 159- 160; Par. 261- 270 teaches UE receive MAC CE with TCI states where TCI signaled at time becomes effective and time-duration] until activation of a transmission configuration indication state (TCI state) [Farag: Par. 261- 270 further teaches timed-duration is time required for next/new TCI state to be activate]; PNG media_image1.png 522 692 media_image1.png Greyscale However, Farag does not teach a control section that assumes that the terminal controls, based on the MAC CE, the activation of the TCI state. Nevertheless, Zhou, in the similar filed of endeavor, teaches a control section that assumes that the terminal controls, based on the MAC CE, the activation of the TCI state [Zhou: Figs.3, 6; Par. 111, 140- 141 teaches TCI state is activated by MAC-CE by selecting from candidate TCI states]. PNG media_image2.png 494 688 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Zhou for controlling of TCI activation. The teaching of Zhou, when implemented in the Farag system, will allow one of ordinary skill in the art to perform data transmit or control information [Zhou: Par. 63]. One of ordinary skill in the art would be motivated to utilize the teachings of Farag in the Zhou system in order to improve configuring of TCI state via MAC-CE [Zhou: Par. 15]. Regarding claim 7, the combined Farag in view of Zhou teaches all the limitations in the parent claim 2. Farag in view of Zhou further teaches the given timing is a timing at which an uplink control channel having a Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) corresponding to a downlink shared channel for conveying the MAC CE is transmitted [Farag: See Fig. 28 where TCI state update corresponding PUCCH of HARQ-ACK]. Regarding claim 8, the combined Farag in view of Zhou teaches all the limitations in the parent claim 3. Farag in view of Zhou further teaches the given timing is a timing at which an uplink control channel having a Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) corresponding to a downlink shared channel for conveying the MAC CE is transmitted [Farag: See Fig. 28 where TCI state update corresponding PUCCH of HARQ-ACK]. Conclusion The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure. A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYAW Z SOE whose telephone number is (571)270-0304. The examiner can normally be reached on 9am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached on 5712707191. 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. /KYAW Z SOE/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Jan 31, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+10.0%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 348 resolved cases by this examiner. Grant probability derived from career allow rate.

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