Prosecution Insights
Last updated: April 19, 2026
Application No. 18/558,485

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §102§103
Filed
Nov 01, 2023
Examiner
NDIAYE, CHEIKH T
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
564 granted / 717 resolved
+20.7% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
740
Total Applications
across all art units

Statute-Specific Performance

§101
13.0%
-27.0% vs TC avg
§103
35.9%
-4.1% vs TC avg
§102
31.6%
-8.4% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 717 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 . Applicant amended claim 4 and added claims 7-9 in the preliminary amendment filed on 11/01/2023. The claims 1-9 are pending. Claim Objections Claims 1, 5, and 6 are objected to because of the following informalities: Claim 1 recites the limitation "DL" in line 6. A complete name for the abbreviation (Downlink) should be provided. Claim 5 recites the limitation "DL" in line 6. A complete name for the abbreviation (Downlink) should be provided. Claim 6 recites the limitation "DL" in line 7. A complete name for the abbreviation (Downlink) should be provided. Appropriate correction is required. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 and 4-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Frenne et al (WO2021033115A1). With respect to claim 1, Frenne teaches a terminal (UE 22) comprising: a receiver that receives first information regarding a first reference signal pattern corresponding to a serving cell and second information regarding a second reference signal pattern corresponding to one or more other cells different from the serving cell (page 30, lines 8-14 disclose the user equipment 22 to receive at least two physical downlink shared channels, PDSCHs; a first PDSCH of the at least two PDSCHs being associated with a first set of cell-specific reference signal, CRS, patterns and a second PDSCH of the at least two PDSCHs being associated with a second set of CRS patterns; page 48, lines 6-18 disclose the UE 22 may be pre-configured over RRC with a semi-static mapping between CDM group index l = 0,1,2 and LTE CRS set index from a list of configured LTE CRS sets, each associated with a respective TRP); and a processor that controls reception of a DL channel (rate matching) based on at least one of the first information and the second information (page 30, lines 8-14 disclose the user equipment 22 to receive at least two physical downlink shared channels, PDSCHs; a first PDSCH of the at least two PDSCHs being associated with a first set of cell-specific reference signal, CRS, patterns and a second PDSCH of the at least two PDSCHs being associated with a second set of CRS patterns; the at least two PDSCHs being rate matched around at least one of the first set of CRS patterns and the second set of CRS patterns). With respect to claim 4, Frenne teaches wherein a reference signal pattern is configured separately for each control resource set pool index for the serving cell and at least one of the other cells (page 51, lines 1-8 disclose a UE 22 receives PDSCH1 in the slot scheduled by a DCI carried by PDCCH1. PDCCH1 is received in CORESET1, and CORESET1 has TCI state 1 activated. TCI state 1 includes an index (e.g., an index value) to a 1st set of LTE CRS patterns; The UE 22 also receiving PDSCH2 in the same slot scheduled by another DCI carried by PDCCH2. PDCCH2 is received in CORESET2, and CORESET2 has TCI state 2 activated. TCI state 2 includes an index (e.g., an index value) to a 2nd set of LTE CRS patterns). The limitations of claim 5 are rejected in the analysis of claim 1 above, and the claim is rejected on that basis. With respect to claim 6, Frenne teaches a base station (network node 16) comprising: a transmitter that transmits first information regarding a first reference signal pattern corresponding to a serving cell and second information regarding a second reference signal pattern corresponding to one or more other cells different from the serving cell (Fig. 18; page 30, lines 8-14 disclose network node transmitting at least two physical downlink shared channels, PDSCHs; a first PDSCH of the at least two PDSCHs being associated with a first set of cell-specific reference signal, CRS, patterns and a second PDSCH of the at least two PDSCHs being associated with a second set of CRS patterns; page 48, lines 6-18 disclose the UE 22 may be pre-configured over RRC with a semi-static mapping between CDM group index l = 0,1,2 and LTE CRS set index from a list of configured LTE CRS sets, each associated with a respective TRP); and a processor that controls transmission of a given reference signal corresponding to at least one of the first information and the second information, and a DL channel (page 30, lines 8-14 disclose the at least two PDSCHs being rate matched around at least one of the first set of CRS patterns and the second set of CRS patterns). 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. Claim(s) 2, 3, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Frenne et al (WO2021033115A1) in view of Laddu et al (US Patent Publication No. 2022/0322310 A1). With respect to claim 2, Frenne discloses the claimed subject matter as discussed above except wherein the second reference signal pattern is associated in units of cell groups including a plurality of other cells. However, Laddu teaches wherein the second reference signal pattern is associated in units of cell groups including a plurality of other cells (paragraph 0118 disclose union of CRS (cell specific reference signal) resources configured for both serving cell and non-serving cells) in order to perform inter-cell based multi-TRP operation (Abstract). Therefore, based on Frenne in view of Laddu, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Laddu to the system of Frenne in order to perform inter-cell based multi-TRP operation. With respect to claim 3, Frenne discloses the claimed subject matter as discussed above except wherein when a plurality of control resource set pool indexes and one or more non-serving cells are configured, the first reference signal pattern and the second reference signal pattern are associated with different control resource set indexes. However, Laddu teaches wherein when a plurality of control resource set pool indexes and one or more non-serving cells are configured (paragraph 0056; 0086 disclose a serving cell PCI among two PCIs representing the CORESETPoolIndex=0, and the non-serving cell PCI among the two PCIs representing CORESETPoolIndex=1), the first reference signal pattern and the second reference signal pattern are associated with different control resource set indexes (paragraph 0118 disclose the user device assumes rate matching over union of CRS (cell specific reference signal) resources configured for both serving cell and non-serving cells; the user device expects in-order transmissions for PDCCH-PDSCH and PDCCH-PUSCH; and/or the user device follows any other pre-defined user device behavior when the condition of the plurality of CORESETs are associated with a plurality of cells having different physical cell identities (PCIs) or associated with different cell groups is satisfied) in order to perform inter-cell based multi-TRP operation (Abstract). Therefore, based on Frenne in view of Laddu, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Laddu to the system of Frenne in order to perform inter-cell based multi-TRP operation. With respect to claim 7, Frenne discloses the claimed subject matter as discussed above except wherein when a plurality of control resource set pool indexes and one or more non-serving cells are configured, the first reference signal pattern and the second reference signal pattern are associated with different control resource set indexes. However, Laddu teaches wherein when a plurality of control resource set pool indexes and one or more non-serving cells are configured (paragraph 0056; 0086 disclose a serving cell PCI among two PCIs representing the CORESETPoolIndex=0, and the non-serving cell PCI among the two PCIs representing CORESETPoolIndex=1), the first reference signal pattern and the second reference signal pattern are associated with different control resource set indexes (paragraph 0118 disclose the user device assumes rate matching over union of CRS (cell specific reference signal) resources configured for both serving cell and non-serving cells; the user device expects in-order transmissions for PDCCH-PDSCH and PDCCH-PUSCH; and/or the user device follows any other pre-defined user device behavior when the condition of the plurality of CORESETs are associated with a plurality of cells having different physical cell identities (PCIs) or associated with different cell groups is satisfied) in order to perform inter-cell based multi-TRP operation (Abstract). Therefore, based on Frenne in view of Laddu, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Laddu to the system of Frenne in order to perform inter-cell based multi-TRP operation. With respect to claim 8, Frenne discloses the claimed subject matter as discussed above except wherein a reference signal pattern is configured separately for each control resource set pool index for the serving cell and at least one of the other cells. However, Laddu teaches wherein a reference signal pattern is configured separately for each control resource set pool index for the serving cell and at least one of the other cells (paragraph 0056; 0073; 0086 disclose a serving cell PCI among two PCIs representing the CORESETPoolIndex=0, and the non-serving cell PCI among the two PCIs representing CORESETPoolIndex=1) in order to perform inter-cell based multi-TRP operation (Abstract). Therefore, based on Frenne in view of Laddu, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Laddu to the system of Frenne in order to perform inter-cell based multi-TRP operation. With respect to claim 9, Frenne discloses the claimed subject matter as discussed above except wherein a reference signal pattern is configured separately for each control resource set pool index for the serving cell and at least one of the other cells. However, Laddu teaches wherein a reference signal pattern is configured separately for each control resource set pool index for the serving cell and at least one of the other cells (paragraph 0056; 0073; 0086 disclose a serving cell PCI among two PCIs representing the CORESETPoolIndex=0, and the non-serving cell PCI among the two PCIs representing CORESETPoolIndex=1) in order to perform inter-cell based multi-TRP operation (Abstract). Therefore, based on Frenne in view of Laddu, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Laddu to the system of Frenne in order to perform inter-cell based multi-TRP operation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEIKH T NDIAYE whose telephone number is (571)270-3914. The examiner can normally be reached Monday-Friday 8:00am-5:30pm. 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, JOON H HWANG can be reached at 571-272-4036. 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. /CHEIKH T NDIAYE/Primary Examiner, Art Unit 2447 02/20/2026
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Prosecution Timeline

Nov 01, 2023
Application Filed
Feb 21, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
79%
Grant Probability
98%
With Interview (+19.0%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 717 resolved cases by this examiner. Grant probability derived from career allow rate.

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