Prosecution Insights
Last updated: April 19, 2026
Application No. 18/571,483

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §102§Other
Filed
Dec 18, 2023
Examiner
BHATTI, HASHIM S
Art Unit
2475
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
92%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
340 granted / 396 resolved
+27.9% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
27 currently pending
Career history
423
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
28.0%
-12.0% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 396 resolved cases

Office Action

§102 §Other
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-3 and 5-6 are rejected under 35 U.S.C. 102a1 as being anticipated by Takeda et al. WO 2018163431. Claim 1: Takeda discloses a terminal comprising: a control section that determines, for each of a plurality of different transport blocks (TBs), the number of layers corresponding to the TB and controls association between each of the plurality of TBs and a layer (See paras 78-90, TB using number of layers for transmission and retransmission. Also, see figs 9A-B); and a transmitting section that transmits, by using one or more layers, each of the plurality of different TBs in a same time resource and frequency resource (See para 82, “When data (for example, 1 TB) is transmitted using a plurality of layers (here, layers # 0 and # 1), the slot configuration of each layer (for example, the allocation start position and/or the end position of data) can be the same (see FIG. 9A)”). Claim 2: Takeda discloses that the control section determines the number of layers and a layer corresponding to each of the plurality of TBs, based on at least one of sizes of the plurality of respective TBs, at least one of a downlink reference signal and an uplink reference signal, and priority of the TB (See para 55, “TBS designated by the specific value of the bit region may be read based on the start position and the end position of the data”. Also see para 82, “When data (for example, 1 TB) is transmitted using a plurality of layers (here, layers # 0 and # 1), the slot configuration of each layer (for example, the allocation start position and/or the end position of data) can be the same (see FIG. 9A). FIG. 9A illustrates a case where retransmission is performed using two layers having the same slot configuration. In this way, by making the slot configurations of the respective layers the same, certain data (for example, one transport block (TB)) can be equally divided into a plurality of layers”). Claim 3: Takeda discloses that the control section determines the number of layers corresponding to each of the plurality of different Tbs, by using at least one of higher layer signaling and downlink control information (See para 55, “the TBS is designated in a specific bit region of the downlink control information”). Claim 5: Takeda discloses determining, for each of a plurality of different transport blocks (TBs), the number of layers corresponding to the TB and controlling association between each of the plurality of TBs and a layer (See paras 78-90, TB using number of layers for transmission and retransmission. Also, see figs 9A-B); and transmitting, by using one or more layers, each of the plurality of different TBs in a same time resource and frequency resource (See para 82, “When data (for example, 1 TB) is transmitted using a plurality of layers (here, layers # 0 and # 1), the slot configuration of each layer (for example, the allocation start position and/or the end position of data) can be the same (see FIG. 9A)”). Claim 6: Takeda discloses a transmitting section that transmit, to a terminal, information for performing judgment of, each of a plurality of different transport blocks (TBs), the number of layers corresponding to the TB and control of association between each of the plurality of TBs and a layer (See paras 78-90, TB using number of layers for transmission and retransmission. Also, see figs 9A-B); and a receiving section that receives, by using one or more layers, each of the plurality of different TBs transmitted in a same time resource and frequency resource (See para 82, “When data (for example, 1 TB) is transmitted using a plurality of layers (here, layers # 0 and # 1), the slot configuration of each layer (for example, the allocation start position and/or the end position of data) can be the same (see FIG. 9A)”). Allowable Subject Matter Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASHIM S BHATTI whose telephone number is (571)270-7748. The examiner can normally be reached Mon-Fri 9:00am-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, Hassan Kizou can be reached at 571-272-3088. 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. HASHIM S. BHATTI Primary Examiner Art Unit 2472 /HASHIM S BHATTI/Primary Examiner, Art Unit 2475
Read full office action

Prosecution Timeline

Dec 18, 2023
Application Filed
Dec 17, 2025
Non-Final Rejection — §102, §Other (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

1-2
Expected OA Rounds
86%
Grant Probability
92%
With Interview (+6.3%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 396 resolved cases by this examiner. Grant probability derived from career allow rate.

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