Prosecution Insights
Last updated: October 02, 2026
Application No. 18/568,146

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §103§112
Filed
Dec 07, 2023
Priority
Jun 11, 2021 — nonprovisional of PCTJP2021022381
Examiner
SHARMA, POONAM
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
3 (Non-Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
21 granted / 23 resolved
+33.3% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
60.6%
+20.6% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 23 resolved cases

Office Action

§103 §112
Response to Amendment This office action is in response to claim amendment filed on August 04, 2026. Claims 9-12 have been amended. Claims 1-8 were previously cancelled. Claims 9-12 are pending. 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 Arguments Applicant’s arguments with respect to rejection(s) of claim(s) 9-12 under 35 U.S.C. §103 have been fully considered and is persuasive (see remarks Pg. 4-8). However, upon further consideration, a new ground(s) of rejection is made as necessitated by the claim amendments. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 9-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 9-12, recite in part: “… transmits first capability information related to a maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group and second capability information related to a maximum number of beam failure detection (BFD)-reference signals (RSs) capable of being supported in a bandwidth part …”. The specification does not describe the underlined claim limitation, i.e.: “… terminal … transmits… first capability information … and second capability information…” 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. 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 non-obviousness. Claim(s) 9-12, are rejected under 35 U.S.C. 103 as being unpatentable over JUNG et al., US 20240039612 A1, (hereinafter JUNG) in view of Lee et al., US 11032803 B2, (hereinafter Lee) and in further view of Zhang et al., US 12192144 B2, (hereinafter Zhang). Regarding claim 9 and 10, JUNG teaches a terminal comprising (see ¶ [0330], Referring to FIG. 18, the terminal may include a transceiver including a receiver 18-00 and a transmitter 18-10 and a processor (or controller) 18-05 including a memory and a processor.): a transmitter that transmits, first capability information related to physical uplink control channel (PUCCH) resources for scheduling requests (SRs), and second capability information related to a maximum number of beam failure detection (BFD)-reference signals (RSs) capable of being supported in a bandwidth part (see FIG. 15C, element BFD and BFR configuration, see ¶ [0240], a base station and a terminal may change the BFD RS set/group or candidate beam set configuration … the base station and the terminal may transmit or receive signaling to each other about an addition/change/deletion of a BFD RS in the BFD RS set or group, or an addition/change/deletion of an associated uplink physical channel or a new candidate beam in a candidate beam set; ¶ [0256], the terminal may perform a BFRQ via a PUCCH transmission using the PUCCH resource. The terminal may include information on a scheduling request in the PUCCH transmission, hence the first capability; ¶ [0259], teaches second capability wherein the terminal may report, via UE capability reporting, the number of BFD RS sets, the maximum number of BFD RSs, the maximum number of BFD RSs for each BFD RS set, the number of TRPs associated with a BFD RS within each BFD RS set, the number of candidate beam sets, the number of TRPs associated with a candidate beam in a candidate beam set, the maximum number of candidate beams for each candidate beam set, and the like); and a processor that, when a beam failure is detected for a set of BFD-RSs associated with a first transmission/reception point (TRP) among the first TRP and a second TRP, controls transmission of an SR using a PUCCH resource associated with the first TRP (see FIG. 13, element 13-50, 13-55, ¶ [0233] - [0234], the terminal may perform a BFRQ through a PUCCH transmission using the corresponding PUCCH resource. The terminal may include information on a scheduling request in the PUCCH transmission, and the scheduling request may be a request for scheduling the PUSCH or PDSCH transmission (indicated by reference numeral 13-55). … in the case that a BFD RS set or group corresponds to each TRP, … the terminal may perform PUCCH transmission to the TRP corresponding to the CORESETPoolIndex of the BFD RS set or group. That is, the terminal may transmit the scheduled PUCCH to the TRP in which the beam failure has occurred … the BFD RS set or BFD RS group corresponds to, for example, a CORESETPoolIndex value of 0, the new beam candidate may also correspond to a CORESETPoolIndex value of 0. Therefore, transmitting a scheduled PUCCH to the TRP in which the beam failure has occurred may be understood as, for example, in the case that the BFD RS set or BFD RS group in which the beam failure has occurred corresponds to a CORESETPoolIndex value of 0, transmitting a PUCCH associated with a new beam candidate corresponding to a CORESETPoolIndex value of 0. In this case, the PUCCH being transmitted may also correspond to CORESETPoolIndex value 0.), however, JUNG does not explicitly teach, “maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group”, and “transmission of an SR via radio resource control (RRC) signaling”. Lee teaches maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group (See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, ... Further, the UE may report a PUCCH and PUSCH simultaneous capability to the network, on a CG basis; see Col. 11, lines 16-20, e.g., The PUCCH can be used to transmit the following control information. Scheduling Request (SR); see TABLE 4, e.g., PUCCH format; Usage SR (Scheduling Request)); see Col. 21, lines 40-47, e.g., wherein the UE may report a simultaneous transmission capability for a plurality of UL channels and the simultaneous transmission capability may be a maximum number of simultaneously transmittable UL channels or an individual report of whether a specific combination of channels can be transmitted simultaneously.), Zhang teaches, transmission of an SR via radio resource control (RRC) signaling (see Col. 2, lines 46-50, e.g., In various aspects, the UE may transmit a single scheduling request or alternatively more than one scheduling request to the plurality of TRPs. In some embodiments, the scheduling request may be configured in RRC or in MAC CE.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified capability reporting of a user equipment (UE) of JUNG to incorporate the teachings of Lee to include, capability information related to a maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group and incorporate the teachings of Zhang to include transmission of an SR via radio resource control (RRC) signaling. Doing so would facilitate in achieving reporting by UE, transmission capability for uplink channels to the base station and improving uplink transmission efficiency as suggested by Lee (see Col. 2, lines 3-17, e.g., the method may further include reporting a simultaneous transmission capability for uplink channels having a plurality of TTI lengths to a base station; and lines 45-46, uplink transmission may be performed efficiently.) and achieving scheduling requests configuration to support beam failure recovery by Zhang (see Col. 2, lines 9-15, e.g., methods for performing beam failure recovery in a cellular communication system using multiple transmission and reception points. According to the techniques described herein, scheduling requests may be configured to support beam failure recovery involving the UE in communication with a plurality of transmission and reception points.). Regarding claim 11, JUNG teaches a base station comprising (see ¶ [0336], Referring to FIG. 19, the base station (TRP) may include a transceiver including a receiver 19-00 and a transmitter 19-10 and a processor (or controller) 19-05 including a memory and a processor.) a receiver that receives, first capability information related to physical uplink control channel (PUCCH) resources for scheduling requests (SRs), and second capability information related to a maximum number of beam failure detection (BFD)-reference signals (RSs) capable of being supported in a bandwidth part (see FIG. 15C, element BFD and BFR configuration, see ¶ [0240], a base station and a terminal may change the BFD RS set/group or candidate beam set configuration … the base station and the terminal may transmit or receive signaling to each other about an addition/change/deletion of a BFD RS in the BFD RS set or group, or an addition/change/deletion of an associated uplink physical channel or a new candidate beam in a candidate beam set; ¶ [0256], the terminal may perform a BFRQ via a PUCCH transmission using the PUCCH resource. The terminal may include information on a scheduling request in the PUCCH transmission, hence the first capability; see ¶ [0259], teaches second capability wherein the terminal may report, via UE capability reporting, the number of BFD RS sets, the maximum number of BFD RSs, the maximum number of BFD RSs for each BFD RS set, the number of TRPs associated with a BFD RS within each BFD RS set, the number of candidate beam sets, the number of TRPs associated with a candidate beam in a candidate beam set, the maximum number of candidate beams for each candidate beam set, and the like); and a processor that, when a beam failure is detected for a set of BFD-RSs associated with a first transmission/reception point (TRP) among the first TRP and a second TRP, controls reception of an SR that is transmitted using a PUCCH resource associated with the first TRP (see FIG. 13, element 13-50, 13-55, ¶ [0233] - [0234], the terminal may perform a BFRQ through a PUCCH transmission using the corresponding PUCCH resource. The terminal may include information on a scheduling request in the PUCCH transmission, and the scheduling request may be a request for scheduling the PUSCH or PDSCH transmission (indicated by reference numeral 13-55). … in the case that a BFD RS set or group corresponds to each TRP, … the terminal may perform PUCCH transmission to the TRP corresponding to the CORESETPoolIndex of the BFD RS set or group. That is, the terminal may transmit the scheduled PUCCH to the TRP in which the beam failure has occurred … the BFD RS set or BFD RS group corresponds to, for example, a CORESETPoolIndex value of 0, the new beam candidate may also correspond to a CORESETPoolIndex value of 0. Therefore, transmitting a scheduled PUCCH to the TRP in which the beam failure has occurred may be understood as, for example, in the case that the BFD RS set or BFD RS group in which the beam failure has occurred corresponds to a CORESETPoolIndex value of 0, transmitting a PUCCH associated with a new beam candidate corresponding to a CORESETPoolIndex value of 0. In this case, the PUCCH being transmitted may also correspond to CORESETPoolIndex value 0.), however, JUNG does not explicitly teach, “maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group”, and “transmission of an SR via radio resource control (RRC) signaling”. Lee teaches a terminal comprising: capability information related to a maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group (See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, ... Further, the UE may report a PUCCH and PUSCH simultaneous capability to the network, on a CG basis; see Col. 11, lines 16-20, e.g., The PUCCH can be used to transmit the following control information. Scheduling Request (SR); see TABLE 4, e.g., PUCCH format; Usage SR (Scheduling Request)); see Col. 21, lines 40-47, e.g., wherein the UE may report a simultaneous transmission capability for a plurality of UL channels and the simultaneous transmission capability may be a maximum number of simultaneously transmittable UL channels or an individual report of whether a specific combination of channels can be transmitted simultaneously.), Zhang teaches, transmission of an SR via radio resource control (RRC) signaling (see Col. 2, lines 46-50, e.g., In various aspects, the UE may transmit a single scheduling request or alternatively more than one scheduling request to the plurality of TRPs. In some embodiments, the scheduling request may be configured in RRC or in MAC CE.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified capability reporting of a user equipment (UE) of JUNG to incorporate the teachings of Lee to include, capability information related to a maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group and incorporate the teachings of Zhang to include transmission of an SR via radio resource control (RRC) signaling. Doing so would facilitate in achieving reporting by UE, transmission capability for uplink channels to the base station and improving uplink transmission efficiency as suggested by Lee (see Col. 2, lines 3-17, e.g., the method may further include reporting a simultaneous transmission capability for uplink channels having a plurality of TTI lengths to a base station; and lines 45-46, uplink transmission may be performed efficiently.) and achieving scheduling requests configuration to support beam failure recovery by Zhang (see Col. 2, lines 9-15, e.g., methods for performing beam failure recovery in a cellular communication system using multiple transmission and reception points. According to the techniques described herein, scheduling requests may be configured to support beam failure recovery involving the UE in communication with a plurality of transmission and reception points.). Regarding claim 12, JUNG teaches a terminal and a base station, wherein a terminal comprising (see ¶ [0330], Referring to FIG. 18, the terminal may include a transceiver including a receiver 18-00 and a transmitter 18-10 and a processor (or controller) 18-05 including a memory and a processor.): a transmitter that transmits, first capability information related to physical uplink control channel (PUCCH) resources for scheduling requests (SRs), and second capability information related to a maximum number of beam failure detection (BFD)-reference signals (RSs) capable of being supported in a bandwidth part (see FIG. 15C, element BFD and BFR configuration, see ¶ [0240], a base station and a terminal may change the BFD RS set/group or candidate beam set configuration … the base station and the terminal may transmit or receive signaling to each other about an addition/change/deletion of a BFD RS in the BFD RS set or group, or an addition/change/deletion of an associated uplink physical channel or a new candidate beam in a candidate beam set; ¶ [0256], the terminal may perform a BFRQ via a PUCCH transmission using the PUCCH resource. The terminal may include information on a scheduling request in the PUCCH transmission, hence the first capability; see ¶ [0259], teaches second capability wherein the terminal may report, via UE capability reporting, the number of BFD RS sets, the maximum number of BFD RSs, the maximum number of BFD RSs for each BFD RS set, the number of TRPs associated with a BFD RS within each BFD RS set, the number of candidate beam sets, the number of TRPs associated with a candidate beam in a candidate beam set, the maximum number of candidate beams for each candidate beam set, and the like); and a processor that, when a beam failure is detected for a set of BFD-RSs associated with a first transmission/reception point (TRP) among the first TRP and a second TRP, controls transmission of an SR using a PUCCH resource associated with the first TRP (see FIG. 13, element 13-50, 13-55, ¶ [0233] - [0234], the terminal may perform a BFRQ through a PUCCH transmission using the corresponding PUCCH resource. The terminal may include information on a scheduling request in the PUCCH transmission, and the scheduling request may be a request for scheduling the PUSCH or PDSCH transmission (indicated by reference numeral 13-55). … in the case that a BFD RS set or group corresponds to each TRP, … the terminal may perform PUCCH transmission to the TRP corresponding to the CORESETPoolIndex of the BFD RS set or group. That is, the terminal may transmit the scheduled PUCCH to the TRP in which the beam failure has occurred … the BFD RS set or BFD RS group corresponds to, for example, a CORESETPoolIndex value of 0, the new beam candidate may also correspond to a CORESETPoolIndex value of 0. Therefore, transmitting a scheduled PUCCH to the TRP in which the beam failure has occurred may be understood as, for example, in the case that the BFD RS set or BFD RS group in which the beam failure has occurred corresponds to a CORESETPoolIndex value of 0, transmitting a PUCCH associated with a new beam candidate corresponding to a CORESETPoolIndex value of 0. In this case, the PUCCH being transmitted may also correspond to CORESETPoolIndex value 0.), and the base station comprises: a receiver that receives the first capability information and the second capability information (see ¶ [0336], Referring to FIG. 19, the base station (TRP) may include a transceiver including a receiver 19-00 and a transmitter 19-10 and a processor (or controller) 19-05 including a memory and a processor.), however, JUNG does not explicitly teach, “maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group”, and “transmission of an SR via radio resource control (RRC) signaling”. Lee teaches a terminal comprising: capability information related to a maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group (See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, ... Further, the UE may report a PUCCH and PUSCH simultaneous capability to the network, on a CG basis; see Col. 11, lines 16-20, e.g., The PUCCH can be used to transmit the following control information. Scheduling Request (SR); see TABLE 4, e.g., PUCCH format; Usage SR (Scheduling Request)); see Col. 21, lines 40-47, e.g., wherein the UE may report a simultaneous transmission capability for a plurality of UL channels and the simultaneous transmission capability may be a maximum number of simultaneously transmittable UL channels or an individual report of whether a specific combination of channels can be transmitted simultaneously.), Zhang teaches, transmission of an SR via radio resource control (RRC) signaling (see Col. 2, lines 46-50, e.g., In various aspects, the UE may transmit a single scheduling request or alternatively more than one scheduling request to the plurality of TRPs. In some embodiments, the scheduling request may be configured in RRC or in MAC CE.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified capability reporting of a user equipment (UE) of JUNG to incorporate the teachings of Lee to include, capability information related to a maximum number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group and incorporate the teachings of Zhang to include transmission of an SR via radio resource control (RRC) signaling. Doing so would facilitate in achieving reporting by UE, transmission capability for uplink channels to the base station and improving uplink transmission efficiency as suggested by Lee (see Col. 2, lines 3-17, e.g., the method may further include reporting a simultaneous transmission capability for uplink channels having a plurality of TTI lengths to a base station; and lines 45-46, uplink transmission may be performed efficiently.) and achieving scheduling requests configuration to support beam failure recovery by Zhang (see Col. 2, lines 9-15, e.g., methods for performing beam failure recovery in a cellular communication system using multiple transmission and reception points. According to the techniques described herein, scheduling requests may be configured to support beam failure recovery involving the UE in communication with a plurality of transmission and reception points.). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20230319936 A1 issued to GO et al. US 12028922 B2 issued to Kang et al. US 20240049010 A1 issued to Wang et al. Any inquiry concerning this communication or earlier communications from the examiner should be directed to POONAM SHARMA whose telephone number is (571)272-6579. The examiner can normally be reached Monday thru 8:30-5:30 pm, ET. 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, Kevin Bates can be reached at (571) 272-3980. 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. /POONAM SHARMA/Examiner, Art Unit 2472 /DEEPA BELUR/Primary Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Dec 07, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection mailed — §103, §112
May 01, 2026
Response Filed
Jun 05, 2026
Final Rejection mailed — §103, §112
Aug 04, 2026
Response after Non-Final Action
Sep 01, 2026
Request for Continued Examination
Sep 04, 2026
Response after Non-Final Action
Sep 22, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+11.8%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 23 resolved cases by this examiner. Grant probability derived from career allowance rate.

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