Prosecution Insights
Last updated: July 17, 2026
Application No. 18/430,517

COMMUNICATION APPARATUS, BASE STATION, AND COMMUNICATION METHOD

Final Rejection §102§103
Filed
Feb 01, 2024
Priority
Aug 04, 2021 — JP 2021-128626 +1 more
Examiner
HUYNH, NAM TRUNG
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Denso Corporation
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
473 granted / 632 resolved
+12.8% vs TC avg
Moderate +11% lift
Without
With
+11.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
17 currently pending
Career history
651
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
75.8%
+35.8% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 632 resolved cases

Office Action

§102 §103
CTFR 18/430,517 CTFR 81018 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 office action is in response to amendment filed on 4/9/26. Claims 1, 3, 5, 7, 9, 11, and 13-15 are currently pending. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-03-aia AIA Claim(s) 1-3, 5-7, and 9-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by NTT Docomo Inc (WO 2020121497A1) (hereinafter “NTT”) . Regarding claim 1, NTT teaches a communication apparatus (UE) comprising: a receiver configured to: receive by using a radio resource control (RRC) signaling (higher layer signaling) (see “ Information regarding the correspondence between each TRP (or DMRS port group, codeword (CW), PDCCH configuration (e.g., PDCCH-config), PDSCH configuration (PDSCH-config), or serving cell configuration (ServingCellConfig)) and TAG may be set from the network (e.g., base station) to the UE by higher layer signaling ” [par 40]), from a base station, configuration information (information regarding the correspondence between each TRP) including information for configuring each of an identifier of a first timing advance group (TAG#0) and an identifier of a second timing advance group (TAG#1) (see “For example, the base station notifies the UE by using higher layer signaling or the like of information that TRP#1 corresponds to TAG#0 and that TRP#2 corresponds to TAG#1 ” [par 47]), information for identifying the identifier (TRP identifier) of the second timing advance group (see “For example, the base station notifies the UE by using higher layer signaling or the like of information that TRP#1 corresponds to TAG#0 and that TRP#2 corresponds to TAG#1” [par 47]), and information for configuring SS/PBCH Block (SSB) (see “The specified configuration may be at least one of…an SSB Configuration …” [par 112]), the configuration information being used to configure the communication apparatus for a serving cell (see “<Various correspondences with TRP> Information regarding the correspondence between a TRP ID (or a DMRS port group, codeword (CW), PDCCH configuration (e.g., PDCCH-config), PDSCH configuration (PDSCH-config), serving cell configuration (ServingCellConfig), or serving cell ID) and a specified configuration may be notified to the UE using higher layer signaling , etc.” [par 112] and “For example, notification of information in the present disclosure may be performed by…higher layer signaling (e.g., Radio Resource Control (RRC) signaling, broadcast information (Master Information Block (MIB), System Information Block (SIB)), etc.) …[par 229] which suggests that the TRP configuration information and SSB configuration may be received by the UE by RRC signaling or in a MIB/SIB), and receive, from the base station, a media access control (MAC) control element including an identifier corresponding to the identifier of the second timing advance group (specific TRP identifier) and a timing advance command (TA command) (see “For example, when a UE receives a MAC control element for a TA command for a specific TRP , it adjusts the timing of UL transmissions (e.g., at least one of PUCCH, PUSCH, and SRS) to the TRPs included in the specified TAG” [par 56] which suggests that the UE may receive a TA command with a specific TRP identifier which reads on the claimed “ identifier corresponding to the identifier of the second timing advance group ”); and a controller configured to control an amount of timing adjustment for an uplink transmission corresponding to the second timing advance group based on the identifier corresponding to the identifier of the second timing advance group and the timing advance command (see “For example, when a UE receives a MAC control element for a TA command for a specific TRP, it adjusts the timing of UL transmissions (e.g., at least one of PUCCH, PUSCH, and SRS) to the TRPs included in the specified TAG ” [par 58] which suggests that the UE adjusts the timing of UL transmissions for the TAG corresponding to the specific TRP which reads on the claimed “ control an amount of timing adjustment for an uplink transmission corresponding to the second timing advance group based on the identifier corresponding to the identifier of the second timing advance group and the timing advance command ”); wherein the controller is configured to perform a measurement based on the information for configuring the SSB (UE performs measurements on SSB or reference signals which is well known in the art and defined in 3GPP). Regarding claim 2, NTT teaches the communication apparatus according to claim 1, wherein the identifier corresponding to the identifier of the second timing advance group and the timing advance command are included in a media access control (MAC) control element (see “For example, when a UE receives a MAC control element f or a TA command for a specific TRP, it adjusts the timing of UL transmissions (e.g., at least one of PUCCH, PUSCH, and SRS) to the TRPs included in the specified TAG” [par 56]). Regarding claim 3, NTT teaches the communication apparatus according to claim 1, wherein the controller is configured to: maintain a time alignment timer (TA timer) corresponding to the first timing advance group and a time alignment timer corresponding to the second timing advance group (see “In addition, a TA timer (e.g., timeAlignmentTimer) for UL transmission time alignment (UL time alignment) for each TAG may be controlled commonly for multiple TRPs included in the same TAG” [par 57]), and start the time alignment timer corresponding to the second timing advance group in a case where the amount of the timing adjustment for the uplink transmission corresponding to the second timing advance group is controlled (see “The TA timer is started (initialized) every time a TA command is received” [par 40]). Claims 5 and 9 recite subject matter similar to claim 1 and are therefore rejected on the same basis. Claims 6 and 10 recite subject matter similar to claim 2 and are therefore rejected on the same basis. Claims 7 and 11 recite subject matter similar to claim 1 and are therefore rejected on the same basis . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over NTT Docomo Inc (WO 2020121497A1) (hereinafter “NTT”) in view of XU et al. (US 2021/0160805) . Regarding claim 13, NTT does not explicitly wherein the controller is further configured to maintain an adjustment value of the timing for the uplink transmission corresponding to the second timing advance group in a case where the time alignment timer corresponding to the second timing advance group expires. In an analogous prior art reference, Xu teaches a controller (terminal device) is further configured to maintain an adjustment value (TA value) of the timing for the uplink transmission corresponding to the second timing advance group in a case where the time alignment timer (first TAT) corresponding to the second timing advance group expires (see “Optionally, when the first TAT expires , the terminal device may asynchronously send the uplink data by using a TA value obtained when the first TAT expires, that is, a TA value maintained by the terminal , or by using TA=0” [par 158]. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of NTT to allow the controller to be further configured to maintain an adjustment value of the timing for the uplink transmission corresponding to the second timing advance group in a case where the time alignment timer corresponding to the second timing advance group expires, as taught by Xu, in order for the communication apparatus to control transmission of uplink data after the second time alignment timer expires. Claims 14 and 15 recite subject matter similar to claim 13 and are rejected on the same basis . Response to Arguments 07-37 AIA Applicant's arguments filed 4/9/26 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that NTT does not teach or suggest that each of (i) the information for configuring each of an identifier of a first TAG and a second TAG, (ii) the information for identifying the identifier of the second TAG, and (iii) the information for configuring SSB are structurally included within the configuration information being used to configure the communication apparatus for a serving cell. In response to this argument, the Examiner submits that NTT discloses “For example, the base station notifies the UE by using higher layer signaling or the like of information that TRP#1 corresponds to TAG#0 and that TRP#2 corresponds to TAG#1 [par 47] which teaches item (i) because the TRP and TAG correspondence information reads on “ information for configuring each of an identifier of a first TAG and a second TAG ”, wherein the TAG identifiers are TAG#0 and TAG#1. This citation also reads on item (ii) because the inclusion of TAG#1 reads on “ information for identifying the identifier of the second TAG ” since the terminal device identifies TAG#1 or TAG#0 when it receives the information. NTT further discloses “<Various correspondences with TRP> Information regarding the correspondence between a TRP ID (or a DMRS port group, codeword (CW), PDCCH configuration (e.g., PDCCH-config), PDSCH configuration (PDSCH-config), serving cell configuration (ServingCellConfig), or serving cell ID) and a specified configuration may be notified to the UE using higher layer signaling, etc. The specified configuration may be at least one of…an SSB Configuration …” [par 112] which teaches item (iii) because the UE receives SSB configuration. NTT discloses that all three items (i), (ii), (iii) may be received using “higher layer signaling” and further discloses “For example, notification of information in the present disclosure may be performed by… higher layer signaling (e.g., Radio Resource Control (RRC) signaling, broadcast information (Master Information Block (MIB), System Information Block (SIB)), etc.)…[par 229]” which suggests that the higher layer signaling may be RRC signaling. One of ordinary skill in the art would recognize that RRC signaling includes messages such as RRC configuration/reconfiguration that typically comprises the configuration information disclosed by NTT in paragraph 112 to configure a UE for a serving base station. Support can also be found in at least 3GPP TS 38.331 and 3GPP TS 36.331. NTT therefore teaches all the limitations of claim 1 including at least that each of (i) the information for configuring each of an identifier of a first TAG and a second TAG, (ii) the information for identifying the identifier of the second TAG, and (iii) the information for configuring SSB are structurally included within the configuration information being used to configure the communication apparatus for a serving cell and the ground(s) of rejection from the previous office action have been maintained. Independent claims 5 and 9 recite subject matter similar to claim 1 and are not patentable over NTT for the same reasons. Applicant’s arguments with respect to claim(s) 13-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 07-40 AIA 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 Nam T Huynh whose telephone number is (571)272-5970. The examiner can normally be reached 9am-5pm. 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, Alison Slater can be reached at 571-270-0375. 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. /NAM T HUYNH/Primary Examiner, Art Unit 2647 Application/Control Number: 18/430,517 Page 2 Art Unit: 2647 Application/Control Number: 18/430,517 Page 3 Art Unit: 2647 Application/Control Number: 18/430,517 Page 4 Art Unit: 2647 Application/Control Number: 18/430,517 Page 5 Art Unit: 2647 Application/Control Number: 18/430,517 Page 6 Art Unit: 2647 Application/Control Number: 18/430,517 Page 7 Art Unit: 2647 Application/Control Number: 18/430,517 Page 8 Art Unit: 2647
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Prosecution Timeline

Feb 01, 2024
Application Filed
Jan 12, 2026
Non-Final Rejection mailed — §102, §103
Apr 09, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §102, §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

3-4
Expected OA Rounds
75%
Grant Probability
86%
With Interview (+11.3%)
2y 11m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 632 resolved cases by this examiner. Grant probability derived from career allowance rate.

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