Prosecution Insights
Last updated: April 19, 2026
Application No. 18/576,212

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §103
Filed
Jan 03, 2024
Examiner
BROCKMAN, ANGEL T
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
593 granted / 726 resolved
+23.7% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
744
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
22.9%
-17.1% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 726 resolved cases

Office Action

§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 . 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. Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (EP 3,840,507 A1, hereinafter Fan) in view of Bala et al. (US 11,621,817 B2, hereinafter Bala). Regarding claim 6, Fan discloses a terminal comprising: (¶[0004], ¶[0007[) a receiver that receives higher layer signaling indicating (¶[0004], wherein the TRP includes the receiver higher layer signaling ) that up to two transport blocks (TBs) are scheduled by single downlink control information (DCI) for a physical uplink shared channel (PUSCH) (¶[0024]), and receives the DCI; and a processor that determines that up to two TBs are scheduled by the DCI (¶[0024]¶[0025], the two TBs,¶[0093]) when a number of PUSCH transmission layers is greater than 4 (¶[0054], wherein the plurality of TRPs include the receiver and the processor ¶[0093] TBs ,) and determines that one TB is scheduled by the DCI when the number of PUSCH transmission layers is equal to or less than 4 (¶[0007], wherein the maximum amount of code words and parameters in the DCI combined with the condition includes the number of PUSCH transmission layers, ¶[0100]). Fan does not explicitly disclose the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers. Bala discloses the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers (column 19, lines 16-32), Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the layers as disclosed by Bala along with the codewords and of transport blocks as disclosed by Fan. The number of layers may be implemented through software to provide resource blocks correlated to the number of DCI layers as a matter of control and resources layer mapping (column 19, lines 16-32, Bala). Regarding claim 7, Fan discloses a radio communication method for a terminal, comprising (¶[0004], ¶[0007[): receiving higher layer signaling the TRP(¶[0004]_ indicating that up to two transport blocks (TBs) are scheduled by single downlink control information (DCI) for a physical uplink shared channel (PUSCH) (¶[0024], and receiving the DCI; and determining that up to two TBs are scheduled by the DCI when a number of PUSCH transmission layers is greater than 4, (¶[0054], wherein the plurality of TRPs include the receiver and the processor,¶[0093]) and determines that one TB is scheduled by the DCI when the number of PUSCH transmission layers is equal to or less than 4. (¶[0007], wherein the maximum amount of code words and parameters in the DCI combined with the condition includes the number of PUSCH transmission layers, ¶[0100]). Fan does not explicitly disclose the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers. Bala discloses the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers (column 19, lines 16-32), Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the layers as disclosed by Bala along with the codewords and of transport blocks as disclosed by Fan. The number of layers may be implemented through software to provide resource blocks correlated to the number of DCI layers as a matter of control and resources layer mapping (column 19, lines 16-32, Bala). Regarding claim 8, Fan discloses a base station (figure 1 ,wherein the base station is including the TRPs , figure 2 ) comprising: a transmitter that transmits, to a terminal, higher layer signaling indicating that up to two transport blocks (TBs) are scheduled by single downlink control information (DCI) for a physical uplink shared channel (PUSCH) (¶[0024]-¶[0025]), and transmits, to the terminal, the DCI (¶[0024]-¶[0025]; and a processor that controls to schedule up to two TBs by the DCI when a number of PUSCH transmission layers is greater than 4 (¶[0093]), and controls to schedule one TB by the DCI when the number of PUSCH transmission layers is equal to or less than 4(¶[0007], wherein the maximum amount of code words and parameters in the DCI combined with the condition includes the number of PUSCH transmission layers, ¶[0100]). Fan does not explicitly disclose the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers. Bala discloses the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers (column 19, lines 16-32), Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the layers as disclosed by Bala along with the codewords and of transport blocks as disclosed by Fan. The number of layers may be implemented through software to provide resource blocks correlated to the number of DCI layers as a matter of control and resources layer mapping (column 19, lines 16-32, Bala). Regarding claim 9, Fan discloses a system comprising a terminal and a base station, wherein the terminal comprises (figure 2): a receiver that receives higher layer signaling indicating that up to two transport blocks (TBs) are scheduled by single downlink control information (DCI) for a physical uplink shared channel (PUSCH) (¶[0024]-¶[0025]), and receives the DCI; and a processor that determines that up to two TBs are scheduled by the DCI when a number of PUSCH transmission layers is greater than 4, (¶[0093],¶[0100]) and determines that one TB is scheduled by the DCI when the number of PUSCH transmission (¶[0093],¶[0100]) layers is equal to or less than 4, (¶[0007], wherein the maximum amount of code words and parameters in the DCI combined with the condition includes the number of PUSCH transmission layers, ¶[0100]). and the base station comprises : a transmitter that transmits the higher layer signaling and the DCI (figure 1). Fan does not explicitly disclose the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers. Bala discloses the PUSCH in conjunction with the DCI even though it can be inherently implied or the codewords corresponding to the layers (column 19, lines 16-32), Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the layers as disclosed by Bala along with the codewords and of transport blocks as disclosed by Fan. The number of layers may be implemented through software to provide resource blocks correlated to the number of DCI layers as a matter of control and resources layer mapping (column 19, lines 16-32, Bala). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGEL T BROCKMAN whose telephone number is (571)270-5664. The examiner can normally be reached Monday-Thursday 6:00 AM-4:30 PM. 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, Charles Jiang can be reached at 571-270-7191. 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. /ANGEL T BROCKMAN/Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Jan 03, 2024
Application Filed
Oct 16, 2024
Response after Non-Final Action
Jan 08, 2026
Non-Final Rejection — §103 (current)

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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
82%
Grant Probability
88%
With Interview (+6.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 726 resolved cases by this examiner. Grant probability derived from career allow rate.

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