Prosecution Insights
Last updated: May 29, 2026
Application No. 18/564,437

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §102§103
Filed
Nov 27, 2023
Priority
May 31, 2021 — nonprovisional of PCTJP2021020733
Examiner
BEYEN, ZEWDU A
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
702 granted / 842 resolved
+25.4% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
877
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
88.2%
+48.2% vs TC avg
§102
8.1%
-31.9% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 842 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 . Response to Amendment Applicant’s amendment filled on 02/19/2026 has been entered. Claims 1,3-5 are amended. Claims 2-3 are cancelled. Claims 1,4-6 are pending. Response to Arguments Applicant arguments filed on 02/19/2026 have been fully considered and but are moot in view of the new ground of rejection(s) 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 for establishing a background for determining obviousness under 35 U.S.C. 103 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. Claim(s) 1,4-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang to (US20210144722) in view of Xiong to (US 20240163894 A1) Regarding claim 1,4,Yang teaches a terminal comprising([0414] The terminal device 600 shown in FIG. 6 includes: at least one processor 601, a memory 602, at least one network interface 604, and a user interface 603) a processor that performs control to apply different modulation and coding schemes (MCSs) to a plurality of layers; ([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH) and a transmitter that applies the different MCSs to transmit uplink shared channels of the plurality of layers([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH. [0144] a terminal device simultaneously uses the plurality of pieces of uplink beam information to: transmit different PUSCHs, transmit different TBs in the same PUSCH, transmit a PUSCH on different layers corresponding to the same PUSCH, transmit a PUSCH on different antenna ports corresponding to the same PUSCH, transmit a PUSCH on different resource allocations corresponding to the PUSCH, transmit a PUSCH by using different MCSs, transmit a PUSCH by using different numerologies) Yang does not explicitly teach wherein the processor determines each of the different MCSs, based on one or two MCS fields included in downlink control information However, Xiong teaches wherein the processor determines each of the different MCSs, based on one or two MCS fields included in downlink control information ( [0196] discloses wherein a single modulation and coding scheme (MCS) field may be included in the DCI, which can be used to indicate the MCS of all the scheduled PDSCHs and/or PUSCHs. [0197] Example 8 may include the method of example 1, wherein HARQ process number can be different for scheduled PDSCHs and/or PUSCHs) Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Yang include wherein the processor determines each of the different MCSs, based on one or two MCS fields included in downlink control information, as suggested by Xiong. This modification would benefit the system to efficiently utilize the network resource. Regarding claim 5, Yang teaches a base station comprising:([0425], FIG. 7, the network-side device 700 includes: a processor 701, a transceiver 702, a memory 703, a user interface 704, and a bus interface) a transmitting section that transmits, to a terminal, information for applying different modulation and coding schemes (MCSs) to a plurality of layers;( [0099] The network-side device configures a plurality of pieces of uplink beam information for PUCCH through higher-layer signaling (RRC signaling or MAC CE signaling)) and a receiving section that receives uplink shared channels of the plurality of layers applied with the different MCSs and transmitted by the terminal, based on the information([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH. [0144] a terminal device simultaneously uses the plurality of pieces of uplink beam information to: transmit different PUSCHs, transmit different TBs in the same PUSCH, transmit a PUSCH on different layers corresponding to the same PUSCH, transmit a PUSCH on different antenna ports corresponding to the same PUSCH, transmit a PUSCH on different resource allocations corresponding to the PUSCH, transmit a PUSCH by using different MCSs, transmit a PUSCH by using different numerologies) Yang does not explicitly teach wherein the processor determines each of the different MCSs, based on one or two MCS fields included in the downlink control information, However, Xiong teaches wherein the processor determines each of the different MCSs, based on one or two MCS fields included in the downlink control information ( [0196] discloses wherein a single modulation and coding scheme (MCS) field may be included in the DCI, which can be used to indicate the MCS of all the scheduled PDSCHs and/or PUSCHs. [0197] Example 8 may include the method of example 1, wherein HARQ process number can be different for scheduled PDSCHs and/or PUSCHs) Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Yang include wherein the processor determines each of the different MCSs, based on one or two MCS fields included in the downlink control information, as suggested by Xiong. This modification would benefit the system to efficiently utilize the network resource. Regarding claim 6, Yang teaches a system comprising, a terminal and a base station, wherein the terminal comprises: ([0414] The terminal device 600 shown in FIG. 6 includes: at least one processor 601, a memory 602, at least one network interface 604, and a user interface 603) a processor that performs control to apply different modulation and coding schemes (MCSs) to a plurality of layers;( [0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH) and a first transmitter that applies the different MCSs to transmit uplink shared channels of the plurality of layers, [0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH) the base station comprises: ([0425], FIG. 7, the network-side device 700 includes: a processor 701, a transceiver 702, a memory 703, a user interface 704, and a bus interface) a second transmitter that transmits, to the terminal, the downlink control information; ([0367] discloses transmit DCI, where the DCI is used to indicate the configuration information, [0398] the plurality of pieces of uplink beam information are associated with different MCSs corresponding to the uplink channel) and a receiver that receives the uplink shared channels([0137] The terminal device may determine the plurality of pieces of uplink beam information used by different MCSs corresponding to the PUSCH according to the association relationship, and then the terminal device uses the plurality of pieces of uplink beam information and different MCSs to transmit the PUSCH) Yang does not explicitly teach wherein the processor determines each of the different MCSs, based on one or two MCS fields included in the downlink control information, However, Xiong teaches wherein the processor determines each of the different MCSs, based on one or two MCS fields included in the downlink control information ( [0196] discloses wherein a single modulation and coding scheme (MCS) field may be included in the DCI, which can be used to indicate the MCS of all the scheduled PDSCHs and/or PUSCHs. [0197] Example 8 may include the method of example 1, wherein HARQ process number can be different for scheduled PDSCHs and/or PUSCHs) Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Yang include wherein the processor determines each of the different MCSs, based on one or two MCS fields included in the downlink control information, as suggested by Xiong. This modification would benefit the system to efficiently utilize the network resource. 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 ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00. 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, Huy D Vu can be reached at 571-272-3155. 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. /ZEWDU A BEYEN/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Nov 27, 2023
Application Filed
Nov 20, 2025
Non-Final Rejection mailed — §102, §103
Feb 19, 2026
Response Filed
Mar 11, 2026
Final Rejection mailed — §102, §103
May 11, 2026
Response after Non-Final Action

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
83%
Grant Probability
98%
With Interview (+14.7%)
2y 9m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 842 resolved cases by this examiner. Grant probability derived from career allowance rate.

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