Prosecution Insights
Last updated: August 18, 2026
Application No. 18/577,570

TERMINAL, BASE STATION AND COMMUNICATION METHOD

Non-Final OA §103
Filed
Jan 08, 2024
Priority
Aug 02, 2021 — nonprovisional of PCTJP2021028678
Examiner
PEREZ, JULIO R
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
593 granted / 713 resolved
+21.2% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
31 currently pending
Career history
745
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
58.1%
+18.1% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 713 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 . Claims 7 and1 have been amended. Claim 7-13 are currently pending and have been considered below. Claim Objections Claim objection with respect to Claim 7 is withdrawn in view of current amendment. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over He et al (US 20250330927). Regarding claim 7, He discloses a terminal (Figures 1, terminal 120) comprising: a receiver configured to receive (see [0007], receiving, by a terminal device, a first Synchronization Signal Block (SSB)), from a base station, blocks including a synchronization signal and a broadcast channel ( [0007], receiving, by a terminal device, a first Synchronization Signal Block (SSB) in an unlicensed spectrum, wherein a Physical Broadcast Channel (PBCH) of the first SSB comprises a Master Information Block (MIB)); and a [0009] a terminal device, including a processor ) configured to assume that there is QCL (Quasi-Co-Location) between the blocks including a synchronization signal and a broadcast channel ([0007] determining, by the terminal device according to the first SSB i.e. synchronization signal, a first parameter N for a Quasi-co-located (QCL) relationship, and [0007] wherein a Physical Broadcast Channel (PBCH) of the first SSB comprises a Master Information Block (MIB), wherein the broadcast channel includes a parameter indicating a subcarrier spacing ([0007]) .. and the MIB comprises a bit of subCarrierSpacingCommon (e.g. subcarrier spacing) information, … determining, by the terminal device according to the first SSB, a first parameter N for a Quasi-co-located (QCL) relationship), a number of parameters related to the QCL applied to the blocks including the synchronization signal and the broadcast channel is based on the parameter indicating the subcarrier spacing ([0007] the MIB comprises a bit of subCarrierSpacingCommon (e.g. subcarrier spacing) information and determining a first parameter N for a Quasi-co-located (QCL) relationship, wherein N is a positive integer; part or all of information for the N is determined according to the bit of subCarrierSpacingCommon information; see [0062] the highest-order bit of the parameter k.sub.SSB ). He in a first embodiment does not expressly disclose the number of parameters related to the QCL being equal to or less than 64. However, in different embodiments, He discloses ([0062] When the system frequency band is less than 6 GHZ, i.e., L.sub.SSB is smaller than 64, the information related to layer 1 has 2-bit idle bits see also [0054] N may be the quantity of SSBs actually sent by the network device, or may be other parameters for determining the QCL relationship of SSBs), which parameters are related to quasi-co-location. Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the combine the first embodiment with the second embodiments of He to include the number of parameters related to the QCL being equal to or less than 64 as taught by He in order to allow a device (UE) to determine properties of one beam from another, which is crucial for efficient beam management and initial access. Regarding claim 8, He discloses the terminal as claimed in claim 7, wherein the number of parameters related to the QCL is 32 or 64 (system frequency band is less than 6 GHZ, i.e., L.sub.SSB is smaller than 64, the information related to layer 1 has 2-bit idle bits, see [0062]). Regarding claim 9, He discloses the terminal as claimed in claim 7, wherein in a case where the terminal operates in FR (Frequency Range) 2-2, the parameter indicating the subcarrier spacing is used for indicating a number of parameters related to the QCL applied to the blocks including the synchronization signal and the broadcast channel ( [0067] in a NR system, licensed frequency bands may be assigned to different operators, the PRB grids of SSB are predefined, and the operators may flexibly set PRB grids of non-SSBs when using the assigned licensed frequency bands, without being limited by the predefined SSB PRB grids). Regarding claim 10, He discloses the terminal as claimed in claim 7, wherein the broadcast channel includes an MIB ([0007]) .. and the MIB comprises a bit of subCarrierSpacingCommon (e.g. subcarrier spacing) information, … determining, by the terminal device according to the first SSB, a first parameter N for a Quasi-co-located (QCL) relationship). Regarding claim 11, He discloses the terminal as claimed in claim 10, wherein the parameter indicating the subcarrier spacing is subCarrierSpacingCommon (([0007]) .. and the MIB comprises a bit of subCarrierSpacingCommon (e.g. subcarrier spacing) information, … determining, by the terminal device according to the first SSB, a first parameter N for a Quasi-co-located (QCL) relationship) Claim 12 contains subject matter similar to claim 7, and thus, is rejected under similar rationale. (He [0007] ll. 1-2 communication method). Claim 13 contains subject matter similar to claim 7, and thus, is rejected under similar rationale. (He [0006] ll. 1-2, network device, i.e., base station). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2025155972 to Zhou et al: Comprising on-demand synchronization signal block (SSB) receptions on a secondary cell (SCell). US 20220232628 to Lin et al: the UE performs a first transmission without Listen Before Talk (LBT), wherein the first transmission is a Synchronization Signal Block (SSB) transmission. US 10790956 to Cheng et al: A controller may configure one or more channel state information-reference signal (CSI-RS) configurations for transmitting RSs to user equipment (UEs) for tracking. US 20210007068 TO Kim et al: A terminal can obtain timing information relating to a unlicensed band on the basis of a PBCH payload in a synchronization signal/physical broadcast channel (SS/PBCH) block and a demodulation reference signal (DMRS) sequence for the PBCH. US 11082911 to Abedini et al: A UE may determine a transmit power for transmitting a message during a RACH procedure with a secondary BS, based at least in part, on communication between the UE and a primary BS. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F. 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, Kathy Wang-Hurst can be reached at 5712705371. 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. /JULIO R PEREZ/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Jan 08, 2024
Application Filed
Jan 16, 2026
Non-Final Rejection mailed — §103
Apr 16, 2026
Response Filed
Jul 17, 2026
Non-Final Rejection mailed — §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

2-3
Expected OA Rounds
83%
Grant Probability
92%
With Interview (+9.3%)
2y 10m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 713 resolved cases by this examiner. Grant probability derived from career allowance rate.

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