Prosecution Insights
Last updated: July 17, 2026
Application No. 18/568,146

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
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
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
19 granted / 21 resolved
+32.5% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
17 currently pending
Career history
46
Total Applications
across all art units

Statute-Specific Performance

§103
86.2%
+46.2% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 21 resolved cases

Office Action

§103
Response to Amendment This office action is in response to claim amendment filed on May 1, 2026. Claims 9-12 have been amended. Claims 1-8 were previously cancelled. Claims 9-12 are pending. Response to Arguments The objection to the specification has been withdrawn for the reasons stated in Applicant’s response (see remarks Pg. 6). The amendments to claim 10 has overcome the Claim Interpretation in accordance with MPEP § 2111.04(II) which will change the BRI of the claim in light of applicant’s amendments and remarks (see remarks Pg. 6-7). Applicant’s arguments with respect to the rejection(s) of claim(s) 9-12 under 35 U.S.C. §103 with respect to reporting the maximum number of PUCCH resources have been fully considered and is not persuasive (see remarks Pg. 8-9). Applicant argues that Lee fails to teach UE's capability information indicating the number of PUCCH resources supported in a cell group for SR transmission, and is therefore silent with respect to reporting the maximum number of such PUCCH resources. The examiner has considered the arguments, but disagrees. Lee teaches UE's capability information indicating maximum number of simultaneously transmittable UL channels and these channels can be used to transmit the Scheduling Request (SR) (see Col. 11, lines 16-20, e.g., The PUCCH can be used to transmit the following control information. Scheduling Request (SR); 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.). Applicant’s arguments with respect to rest of the rejection(s) of claim(s) 9-12 under 35 U.S.C. §103 have been fully considered and is persuasive (see remarks Pg. 7-10). However, upon further consideration, a new ground(s) of rejection is made as necessitated by the claim amendments. 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 Lee et al., US 11032803 B2, (hereinafter Lee) in view of Wang et al., US 20240049010 A1, (hereinafter Wang) and in further view of Zhang et al., US 12192144 B2, (hereinafter Zhang). Regarding claim 9 and 10, Lee teaches a terminal comprising: a transmitter that transmits 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. 2, lines 25-28, e.g., a UE for transmitting an uplink signal in a wireless communication system includes a receiver and a transmitter, and a processor configured to control the receiver and the transmitter; See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, sPUCCH/sPUSCH, sPUCCH/PUSCH, PUCCH/sPUSCH, PUSCH/sPUSCH, PUCCH/sPUCCH, PUCCH/PUSCH having different TTI lengths (or different numerologies/processing times), PUSCH/PUSCH having different TTI lengths (or different numerologies/processing times), or PUCCH/PUCCH having different TTI lengths (or different numerologies/processing times). 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): This is information used to request a UL-SCH resource; 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.), however, it does not explicitly teach, and a processor that, when a beam failure is detected in 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 via radio resource control (RRC) signaling. Wang teaches, a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP (see ¶ [0015], e.g., According to a third aspect, a terminal is provided, including a processor, a memory, and a program stored in the memory and executable on the processor; see ¶ [0159], e.g., Refer to FIG. 4. An embodiment of this application provides a multi-TRP beam failure recovery apparatus, which is applied to a terminal and includes an execution module 401, configured to perform a first operation in a case that beam failure occurs on at least some of the multiple TRPs.), controls transmission of an SR using a PUCCH resource associated with the first TRP (see ¶ [0160], e.g., The first operation includes one or more of the following. ¶ [0163], Sending a first message on one or multiple first resources, where the first message includes an SR and/or a BFR MAC CE. ¶ [0172] In an implementation of this application, the multiple first resources include multiple PUCCH resources or uplink grant resources, and the multiple PUCCH resources or UL grant resources correspond to multiple TRPs. ¶ [0173] In an implementation of this application, the step of sending a first message on multiple first resources includes: ¶ [0174] determining a target transmission resource among the multiple PUCCH resources or UL grant resources; and ¶ [0175] sending the first message on the target transmission resource. ¶ [0176] The target transmission resource includes one of the following. ¶ [0177] (1) A PUCCH resource or a UL grant resource closest to the beam failure (point of time) in time domain. ¶ [0178] (2) A PUCCH resource or a UL grant resource associated with a TRP with beam failure.). 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 Lee to incorporate the teachings of Wang to include, control transmission of an SR using a PUCCH resource associated with a transmission/reception point (TRP), when a beam failure is detected in the TRP and incorporate the teachings of Zhang to include transmission of an SR via radio resource control (RRC) signaling. Doing so would facilitate in achieving beam failure recovery as suggested by Wang (see ¶ [0005], e.g., a beam failure recovery method for multiple TRPs is provided, including: [0006] performing, by a terminal, a first operation in a case that beam failure occurs on at least some of the multiple TRPs; where [0007] the first operation includes one or more of the following: [0008] measuring a candidate beam reference signal to determine a new beam; and [0009] sending a first message on one or multiple first resources, where the first message includes a scheduling request (SR) and/or a beam failure recovery (BFR) media access control element (MAC CE)) and 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, Lee teaches a base station comprising: a receiver that receives 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. 3, lines 33-40, e.g., A BS is typically a fixed station that communicates with a UE and/or another BS. The BS exchanges data and control information with a UE and another BS; see Col. 2, lines 3-6, 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; See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, sPUCCH/sPUSCH, sPUCCH/PUSCH, PUCCH/sPUSCH, PUSCH/sPUSCH, PUCCH/sPUCCH, PUCCH/PUSCH having different TTI lengths (or different numerologies/processing times), PUSCH/PUSCH having different TTI lengths (or different numerologies/processing times), or PUCCH/PUCCH having different TTI lengths (or different numerologies/processing times). 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): This is information used to request a UL-SCH resource; 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.), however, it does not explicitly teach, and a processor that, when a beam failure is detected in 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 via radio resource control (RRC) signaling. Wang teaches, a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP (see ¶ [0015], e.g., According to a third aspect, a terminal is provided, including a processor, a memory, and a program stored in the memory and executable on the processor; see ¶ [0159], e.g., Refer to FIG. 4. An embodiment of this application provides a multi-TRP beam failure recovery apparatus, which is applied to a terminal and includes an execution module 401, configured to perform a first operation in a case that beam failure occurs on at least some of the multiple TRPs.), controls transmission of an SR using a PUCCH resource associated with the first TRP (see ¶ [0160], e.g., The first operation includes one or more of the following. ¶ [0163], Sending a first message on one or multiple first resources, where the first message includes an SR and/or a BFR MAC CE. ¶ [0172] In an implementation of this application, the multiple first resources include multiple PUCCH resources or uplink grant resources, and the multiple PUCCH resources or UL grant resources correspond to multiple TRPs. ¶ [0173] In an implementation of this application, the step of sending a first message on multiple first resources includes: ¶ [0174] determining a target transmission resource among the multiple PUCCH resources or UL grant resources; and ¶ [0175] sending the first message on the target transmission resource. ¶ [0176] The target transmission resource includes one of the following. ¶ [0177] (1) A PUCCH resource or a UL grant resource closest to the beam failure (point of time) in time domain. ¶ [0178] (2) A PUCCH resource or a UL grant resource associated with a TRP with beam failure.). 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 Lee to incorporate the teachings of Wang to include, control transmission of an SR using a PUCCH resource associated with a transmission/reception point (TRP), when a beam failure is detected in the TRP and incorporate the teachings of Zhang to include transmission of an SR via radio resource control (RRC) signaling. Doing so would facilitate in achieving beam failure recovery as suggested by Wang (see ¶ [0005], e.g., a beam failure recovery method for multiple TRPs is provided, including: [0006] performing, by a terminal, a first operation in a case that beam failure occurs on at least some of the multiple TRPs; where [0007] the first operation includes one or more of the following: [0008] measuring a candidate beam reference signal to determine a new beam; and [0009] sending a first message on one or multiple first resources, where the first message includes a scheduling request (SR) and/or a beam failure recovery (BFR) media access control element (MAC CE)) and 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, Lee teaches system comprising a terminal and a base station, wherein the terminal comprises: a transmitter that transmits capability information related to a number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group and the base station comprises: a receiver that receives the capability information (see Col. 2, lines 27-29, e.g., The UE is a device that transmits and receives user data and/or control information by communicating with a base station (BS); see Col. 2, lines 3-6, 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; See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, sPUCCH/sPUSCH, sPUCCH/PUSCH, PUCCH/sPUSCH, PUSCH/sPUSCH, PUCCH/sPUCCH, PUCCH/PUSCH having different TTI lengths (or different numerologies/processing times), PUSCH/PUSCH having different TTI lengths (or different numerologies/processing times), or PUCCH/PUCCH having different TTI lengths (or different numerologies/processing times). 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): This is information used to request a UL-SCH resource; 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.), however, it does not explicitly teach, and a processor that, when a beam failure is detected in 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 via radio resource control (RRC) signaling. Wang teaches, a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP (see ¶ [0015], e.g., According to a third aspect, a terminal is provided, including a processor, a memory, and a program stored in the memory and executable on the processor; see ¶ [0159], e.g., Refer to FIG. 4. An embodiment of this application provides a multi-TRP beam failure recovery apparatus, which is applied to a terminal and includes an execution module 401, configured to perform a first operation in a case that beam failure occurs on at least some of the multiple TRPs.), controls transmission of an SR using a PUCCH resource associated with the first TRP (see ¶ [0160], e.g., The first operation includes one or more of the following. ¶ [0163], Sending a first message on one or multiple first resources, where the first message includes an SR and/or a BFR MAC CE. ¶ [0172] In an implementation of this application, the multiple first resources include multiple PUCCH resources or uplink grant resources, and the multiple PUCCH resources or UL grant resources correspond to multiple TRPs. ¶ [0173] In an implementation of this application, the step of sending a first message on multiple first resources includes: ¶ [0174] determining a target transmission resource among the multiple PUCCH resources or UL grant resources; and ¶ [0175] sending the first message on the target transmission resource. ¶ [0176] The target transmission resource includes one of the following. ¶ [0177] (1) A PUCCH resource or a UL grant resource closest to the beam failure (point of time) in time domain. ¶ [0178] (2) A PUCCH resource or a UL grant resource associated with a TRP with beam failure.). 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 Lee to incorporate the teachings of Wang to include, control transmission of an SR using a PUCCH resource associated with a transmission/reception point (TRP), when a beam failure is detected in the TRP and incorporate the teachings of Zhang to include transmission of an SR via radio resource control (RRC) signaling. Doing so would facilitate in achieving beam failure recovery as suggested by Wang (see ¶ [0005], e.g., a beam failure recovery method for multiple TRPs is provided, including: [0006] performing, by a terminal, a first operation in a case that beam failure occurs on at least some of the multiple TRPs; where [0007] the first operation includes one or more of the following: [0008] measuring a candidate beam reference signal to determine a new beam; and [0009] sending a first message on one or multiple first resources, where the first message includes a scheduling request (SR) and/or a beam failure recovery (BFR) media access control element (MAC CE)) and 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 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 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 /KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Dec 07, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection mailed — §103
May 01, 2026
Response Filed
Jun 05, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+13.3%)
2y 10m (~3m remaining)
Median Time to Grant
Moderate
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