Prosecution Insights
Last updated: October 02, 2026
Application No. 18/558,485

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Nov 01, 2023
Priority
May 20, 2021 — JP 2021-085346 +1 more
Examiner
NDIAYE, CHEIKH T
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
585 granted / 739 resolved
+21.2% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
19 currently pending
Career history
751
Total Applications
across all art units

Statute-Specific Performance

§101
13.8%
-26.2% vs TC avg
§103
38.6%
-1.4% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 739 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 . Applicant canceled claims 1-9 and added claims 10-15 in the amendment filed on 06/04/2026. The claims 10-15 are pending. Response to Arguments Applicant’s arguments with respect to claim(s) 10 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. 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. Claims 10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Frenne et al (WO 2021033115 A1) in view of BAI et al (US Patent Publication No. 2024/0348403 A1). With respect to claim 10, Frenne teaches a terminal (UE 22) comprising: a receiver that receives, by higher layer signaling, information regarding a plurality of first reference signal patterns corresponding to a serving cell and a plurality of second reference signal patterns 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 I = 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 downlink channel based on the 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). Frenne does not explicitly disclose wherein the receiver further receives a Medium Access Control control element (MAC CE) indicating a Transmission Configuration Indication state (TCI state), and the processor applies at least one of the plurality of second reference signal patterns to the reception of the downlink channel when the indicated TCI is related to the one or more other cells. However, BAI teaches wherein the receiver further receives a Medium Access Control control element (MAC CE) indicating a Transmission Configuration Indication state (TCI state) (paragraph 0065-0067; 0086 disclose the base station 226 may send, and/or the wireless communication device 202 may receive, a MAC-CE message to update and/or activate a TCI state associated with a non-serving cell; the TCI state message may be sent as a MAC-CE message), and the processor applies at least one of the plurality of second reference signal patterns to the reception of the downlink channel when the indicated TCI is related to the one or more other cells (paragraph 0086; 0089; 0090 disclose the wireless communication device 532 performing one or more operations 543 based on the TCI state associated with one or more non-serving cells) in order to provide non-serving cell states (Abstract). Therefore, based on Frenne in view of BAI, 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 BAI to the system of Frenne in order to provide non-serving cell states. The limitations of claim 13 are rejected in the analysis of claim 10 above, and the claim is rejected on that basis. With respect to claim 14, Frenne teaches a base station (network node 16) comprising: a transmitter that transmits, by higher layer signaling, information regarding a plurality of first reference signal patterns corresponding to a serving cell and a plurality of second reference signal patterns 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 I = 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 reference signal corresponding to at least one of the plurality of first reference signal patterns and the plurality of second reference signal patterns, and a downlink 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). Frenne does not explicitly disclose wherein the processor transmits a Medium Access Control control element (MAC CE) indicating a Transmission Configuration Indication state (TCI state) related to the one or more other cells so that at least one of the plurality of second reference signal patterns is applied to reception of the downlink channel. However, BAI teaches wherein the processor transmits a Medium Access Control control element (MAC CE) indicating a Transmission Configuration Indication state (TCI state) related to the one or more other cells so that at least one of the plurality of second reference signal patterns is applied to reception of the downlink channel (paragraph 0065-0067; 0086 disclose the base station 226 may send, and/or the wireless communication device 202 may receive, a MAC-CE message to update and/or activate a TCI state associated with a non-serving cell; the TCI state message may be sent as a MAC-CE message; paragraph 0086; 0089; 0090 disclose the wireless communication device 532 performing one or more operations 543 based on the TCI state associated with one or more non-serving cells) in order to provide non-serving cell states (Abstract). Therefore, based on Frenne in view of BAI, 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 BAI to the system of Frenne in order to provide non-serving cell states. With respect to claim 15, Frenne teaches a system comprising a terminal (UE 22, Fig. 25) and a base station (Network node 16, Fig. 25), wherein: the terminal comprises: a receiver that receives, by higher layer signaling, information regarding a plurality of first reference signal patterns corresponding to a serving cell and a plurality of second reference signal patterns 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 I = 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 downlink channel based on the 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), the base station comprises: a transmitter that transmits the information (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). Frenne does not explicitly disclose the base station comprises: a transmitter that transmits the MAC CE; wherein the receiver further receives a Medium Access Control control element (MAC CE) indicating a Transmission Configuration Indication state (TCI state), and the processor applies at least one of the plurality of second reference signal patterns to the reception of the downlink channel when the indicated TCI is related to the one or more other cells. However, BAI teaches the base station comprises: a transmitter that transmits the MAC CE (paragraph 0065-0067; 0086 disclose the base station 226 may send, and/or the wireless communication device 202 may receive, a MAC-CE message to update and/or activate a TCI state associated with a non-serving cell); wherein the receiver further receives a Medium Access Control control element (MAC CE) indicating a Transmission Configuration Indication state (TCI state), and the processor applies at least one of the plurality of second reference signal patterns to the reception of the downlink channel when the indicated TCI is related to the one or more other cells (paragraph 0065-0067; 0086 disclose the base station 226 may send, and/or the wireless communication device 202 may receive, a MAC-CE message to update and/or activate a TCI state associated with a non-serving cell; the TCI state message may be sent as a MAC-CE message; paragraph 0086; 0089; 0090 disclose the wireless communication device 532 performing one or more operations 543 based on the TCI state associated with one or more non-serving cells) in order to provide non-serving cell states (Abstract). Therefore, based on Frenne in view of BAI, 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 BAI to the system of Frenne in order to provide non-serving cell states. 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) 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Frenne et al (WO 2021033115 A1) in view of BAI et al (US Patent Publication No. 2024/0348403 A1), and further in view of Laddu et al (US Patent Publication No. 2022/0322310 A1). With respect to claim 11, Frenne discloses the claimed subject matter as discussed above except wherein the plurality of first reference signal patterns are associated with a plurality of control resource set pool indexes that are configured in the serving cell, and the plurality of second reference signal patterns are associated with a plurality of control resource set pool indexes that are configured in the one or more other cells. However, Laddu teaches wherein the plurality of first reference signal patterns are associated with a plurality of control resource set pool indexes that are configured in the serving cell, and the plurality of second reference signal patterns are associated with a plurality of control resource set pool indexes that are configured in the one or more other cells (paragraph 0037-0040; 0056; 0086 disclose a serving cell PCI among two PCIs representing the CORESETPoollndex=0, and the non-serving cell PCI among the two PCIs representing CORESETPoolIndex=1; 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 12, Frenne discloses the claimed subject matter as discussed above except wherein the processor performs multi- transmission/reception point (Multi-TRP (MTRP)) communication using the plurality of control resource set pool indexes configured in the serving cell before reception of the MAC CE. However, Laddu teaches wherein the processor performs multi- transmission/reception point (Multi-TRP (MTRP)) communication using the plurality of control resource set pool indexes configured in the serving cell before reception of the MAC CE (paragraph 0062 disclose receiving, by the UE, a media access control-control element (MAC-CE) indicating PDSCH TCI state activations for two different CORESETPoolIndex values, and wherein each TCI state activation is associated with a PCI; and, determining, by the UE, a cell group that includes the PCIs associated with TCI state activations received via the MAC-CE for the CORESETPoolIndex value. Thus, in this manner, PCIs for a cell group may be determined based on MAC-CE indicating PDSCH TCI state activations, and then assigning the associated PCI states of these TCI state activations to a cell group) 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 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 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 8/19/2026
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Prosecution Timeline

Nov 01, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection mailed — §103
Jun 04, 2026
Response Filed
Aug 24, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
98%
With Interview (+18.6%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 739 resolved cases by this examiner. Grant probability derived from career allowance rate.

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