Prosecution Insights
Last updated: April 19, 2026
Application No. 18/559,721

TERMINAL AND RADIO COMMUNICATION METHOD

Final Rejection §102
Filed
Nov 08, 2023
Examiner
DANIEL JR, WILLIE J
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
2 (Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
3y 8m
To Grant
81%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
429 granted / 712 resolved
+2.3% vs TC avg
Strong +20% interview lift
Without
With
+20.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
28 currently pending
Career history
740
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 resolved cases

Office Action

§102
DETAILED ACTION This action is in response to applicant’s amendment filed on 04 March 2026. Claims 6-10 are now pending in the present application and claims 1-5 are canceled. This office action is made Final. 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 . 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) 6-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Apple (hereinafter Apple-3GPP) (“Discussion on MBS Reliability Improvement for RRC Connected UE”; 3GPP Draft; RP-2103125). Regarding claims 10, 6, and 9, Apple-3GPP discloses a communication system comprising: a base station (RAN); and a terminal (UE) { (see pg. 1, section 1) }, wherein the base station (RAN) includes { (see pg. 1, sec. 1) } a transmitter (RAN) that performs transmission using a first downlink data channel in multicast (e.g., PTM, group-common PDSCH), and transmission using a second downlink data channel in unicast (e.g., PTP, PDSCH) { (see pg. 2, sec. 2), where the system provides unicast PDSCH and multicast (group-common) PDSCH}, and the terminal (UE) includes { (see pg. 1, section 1) }: a processor (UE) that determines, based on a parameter of a radio resource control (e.g., RRC) layer, whether to use, for transmitting feedback (e.g., PUCCH), a first method of generating a codebook of feedback for automatic retransmission request, based on a union of a time domain resource allocation for a first downlink data channel in multicast and a time domain resource allocation for a second downlink data channel in unicast, or a second method of generating a codebook by generating each of a codebook of feedback for automatic retransmission request (HARQ-Ack feedback) for the first downlink data channel (e.g., multicast) and a codebook of feedback for automatic retransmission request (HARQ-Ack feedback) for the second downlink data channel (e.g., unicast), and then combining them { (see pg. 2, sec. 2), where the system provides multicast and unicast; As a note, the claim recites the limitation “when” and “or” which is alternative language. }; and a transmitter that transmits feedback (HARQ-Ack feedback) for automatic retransmission request for reception of the first downlink data channel (e.g., multicast), and feedback for automatic retransmission request for reception of the second downlink data channel (e.g., unicast), based on the determination { (see pp. 2-3, sec. 2), where the system provides multicast and unicast }. Regarding claim 7, Apple-3GPP discloses the terminal according to claim 6, wherein the control unit determines to use the second method when the parameter is received, which indicates that the first downlink data channel (e.g., multicast) and the second downlink data channel (e.g., unicast) are frequency-division multiplexed (e.g., FDM) { (see pp. 2-3, sec. 2) }. Regarding claim 8, Apple-3GPP discloses the terminal according to claim 6, wherein the transmission unit transmits capability information indicating that the first downlink data channel (e.g., multicast) and the second downlink data channel (e.g., unicast) can be received in a same time domain { (see pp. 2-3, sec. 2) }. Response to Arguments Applicant's arguments filed 04 March 2026 have been fully considered but they are not persuasive. The Examiner respectfully disagrees with applicant’s arguments as the applied reference(s) provide more than adequate support and to further clarify (see the above claims for relevant citations and comments in this section). Regarding applicant’s argument of claim 1 on pg. 8, 1st full par., “…silent…generating a codebook of feedback for automatic retransmission request…”; and in par. bridging pp. 8-9, “…silent…transmitting feedback for automatic retransmission request…”, the Examiner respectfully disagrees. Applicant has failed to interpret and appreciate the teachings of well-known prior art Apple-3GPP that clearly discloses the claimed feature(s) as would be clearly recognized by one of ordinary skill in the art. In particular, Apple-3GPP discloses the language as related to the claimed feature(s) generating (e.g., construction) a codebook of feedback for automatic retransmission request (e.g., HARQ) { (see pg. 2, sec. 2), where the system provides multicast and unicast, and the system performs codebook construction and optimization for HARQ (see pg. 2, sec. 2 ‘agreement 4’ & ‘proposal 2’); As a note, the claim recites the limitation “when” and “or” which is alternative language. ) }; and transmitting feedback for automatic retransmission request { (see pg. 2, sec. 2), where the system provides HARQ feedback }. Therefore, as addressed above, the applied reference more than adequately meets the claim limitations. Regarding applicant’s argument(s) of claims 7-10, the claims are addressed for the same reasons as set forth above and as applied above in each claim rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yang et al. (US 11,652,582 B2) discloses acknowledgment feedback techniques in sidelink wireless communications. 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 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 WILLIE J DANIEL JR whose telephone number is (571)272-7907. The examiner can normally be reached on 9 - 6. 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, Gary Mui can be reached on 571-270-1420. 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. /WILLIE J DANIEL JR/Primary Examiner, Art Unit 2465 WJD,Jr 22 March 2026
Read full office action

Prosecution Timeline

Nov 08, 2023
Application Filed
Dec 03, 2025
Non-Final Rejection — §102
Mar 04, 2026
Response Filed
Mar 23, 2026
Final Rejection — §102 (current)

Precedent Cases

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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
60%
Grant Probability
81%
With Interview (+20.3%)
3y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 712 resolved cases by this examiner. Grant probability derived from career allow rate.

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