Prosecution Insights
Last updated: August 17, 2026
Application No. 18/618,906

TERMINAL, BASE STATION, AND WIRELESS COMMUNICATION METHOD

Final Rejection §102
Filed
Mar 27, 2024
Priority
Sep 30, 2021 — JP 2021-162298 +2 more
Examiner
BEHARRY, NOEL R
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Toyota Motor Corporation
OA Round
2 (Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
2y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
170 granted / 304 resolved
-2.1% vs TC avg
Strong +43% interview lift
Without
With
+43.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 5m
Avg Prosecution
21 currently pending
Career history
344
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
55.4%
+15.4% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 304 resolved cases

Office Action

§102
DETAILED ACTION This communication is in response to applicant’s response filed under 37 C.F.R. §1.111 in response to a non-final office action. Claims 1, 5, and 9 have been amended; Claims 2, 6, and 10 have been canceled; No claims have been added. Claims 1, 3-5, 7-9, and 11-12 are subject to examination. 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 the claims have been considered but are moot in view of the new grounds of rejection. Claim Rejections - 35 USC § 102 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 3-5, 7-9, 11 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chatterjee et al. (US 2024/0196413 A1) (Chatterjee hereafter). Regarding claims 1 and 9, Chatterjee teaches, a terminal comprising: a memory storing a program (Chatterjee; memory/storage devices 420 of Fig. 4, Par. 0095); and one or more processors configured to execute the program to (Chatterjee; processors 410 of Fig. 4, Par. 0094): receive, from a base station, a radio resource control message (Chatterjee; decoding a system information block (SIB) in a physical downlink shared channel (PDSCH) scheduled by a downlink control information (DCI) format, the DCI format received based on the CORESET and the CSS, Par. 0256) [Examiner’s Note: SIB1 is an RRC message/system information transmitted via PDSCH. Configuration of the separate initial DL BWP and SSB parameters are provided via SIB1 signaling per Par. 0110 and 0127], receive, from the base station, a first synchronization signal and physical broadcast channel (SS/PBCH) block based on information used for configuring a periodicity of the first SS/PBCH block included in the radio resource control message (Chatterjee; where the SSB periodicity and indexing are identical to the Cell Defining SSB (CD-SSB) for the camping or serving cell, Par. 0120) [Examiner’s Note: The CD-SSB is the first SS/PBCH block, and its periodicity is configured via system information (ssb-periodicityServingCell). The UE receives the CD-SSB based on this configured periodicity], receive, from the base station, a second SS/PBCH block based on information used for configuring a frequency of the second SS/PBCH block and information used for configuring a periodicity of the second SS/PBCH block in a case where the information used for configuring the frequency of the second SS/PBCH block and the information used for configuring the periodicity of the second SS/PBCH block are included in the radio resource control message (Chatterjee; Alternatively, in some aspects, the SSB periodicity may be different from that of the CD-SSB. In a further example, for same or longer periodicity values compared to the CD-SSB, the SSB occasions in the separate initial DL BWP may be the same or a proper subset of the SSB occasions for the CD-SSB, Par. 0121; a RedCap UE, provided with SSB configuration in the separate initial DL BWP (DL BWP #0A), may be provided with the frequency location of the SSB via SIB1 signaling, Par. 0127) [Examiner’s Note: Par. 0121 discloses that the SSB periodicity for the second SSB in the separate initial DL BWP may be different from the CD-SSB, meaning a separate periodicity parameter is configured. Par. 0127 discloses that the frequency location is also separately provided via SIB1. When both frequency and periodicity are configured for the second SSB, the UE receives the second SS/PBCH block based on both], and receive, from the base station, the second SS/PBCH block based on the information used for configuring the frequency of the second SS/PBCH block and the information used for configuring the periodicity of the first SS/PBCH block in a case where the information used for configuring the frequency of the second SS/PBCH block is included in the radio resource control message and the information used for configuring the periodicity of the second SS/PBCH block are not included in the radio resource control message (Chatterjee; a RedCap UE may expect configuration of Synchronization Signal Block (SSB) in a separate initial DL BWP (DL BWP #0A) that is configured via SIB signaling with Type 1 PDCCH CSS for random access related DL reception for RedCap UEs if the DL BWP #0A is also configured with Type 2 PDCCH CSS for paging reception, where the SSB periodicity and indexing are identical to the Cell Defining SSB (CD-SSB) for the camping or serving cell but located with non-zero offsets from the NR frequency raster in the frequency domain, Par. 0120; a RedCap UE, provided with SSB configuration in the separate initial DL BWP (DL BWP #0A), may be provided with the frequency location of the SSB via SIB1 signaling, Par. 0127) [Examiner’s Note: Par. 0120 discloses that the default configuration for the SSB in the separate initial DL BWP uses the same periodicity as the CD-SSB (first SSB), meaning no separate periodicity parameter is configured for the second SSB. However, the frequency location of the second SSB is separately provided via SIB1 signaling (Par. 0127) at a non-zero offset from the NR frequency raster. Thus, when the frequency of the second SSB is included in the RRC message but its own periodicity is not separately configured, the UE receives the second SS/PBCH block using the frequency of the second SSB and the periodicity of the first SS/PBCH block (CD-SSB)]. Regarding claim 5, Chatterjee teaches, a base station comprising: a memory storing a program (Chatterjee; memory/storage devices 420 of Fig. 4, Par. 0095); and one or more processors configured to execute the program to (Chatterjee; processors 410 of Fig. 4, Par. 0094): transmit, to a terminal, a radio resource control message (Chatterjee; encoding a system information block (SIB) for transmission to the RedCap UE, the SIB transmitted in a physical downlink shared channel (PDSCH) scheduled by a downlink control information (DCI) format, the DCI format transmitted based on the CORESET and the CSS, the SIB to further configure an additional CORESET within a separate initial DL BWP for the RedCap UE, Par. 0267) [Examiner’s Note: SIB1 is an RRC message/system information transmitted via PDSCH. Configuration of the separate initial DL BWP and SSB parameters are provided via SIB1 signaling per Par. 0110 and 0127], transmit, to the terminal, a first synchronization signal and physical broadcast channel (SS/PBCH) block based on information used for configuring a periodicity of a first SS/PBCH block included in the radio resource control message (Chatterjee; where the SSB periodicity and indexing are identical to the Cell Defining SSB (CD-SSB) for the camping or serving cell, Par. 0120) [Examiner’s Note: The base station transmits the CD-SSB (first SS/PBCH block) based on the periodicity configured in system information (ssb-periodicityServingCell) as is standard in NR], transmit, to the terminal, a second SS/PBCH block based on information used for configuring a frequency of the second SS/PBCH block and information used for configuring a periodicity of the second SS/PBCH block in a case where the information used for configuring the frequency of the second SS/PBCH block and the information used for configuring the periodicity of the second SS/PBCH block are included in the radio resource control message (Chatterjee; Alternatively, in some aspects, the SSB periodicity may be different from that of the CD-SSB. In a further example, for same or longer periodicity values compared to the CD-SSB, the SSB occasions in the separate initial DL BWP may be the same or a proper subset of the SSB occasions for the CD-SSB, Par. 0121; a RedCap UE, provided with SSB configuration in the separate initial DL BWP (DL BWP #0A), may be provided with the frequency location of the SSB via SIB1 signaling, Par. 0127) [Examiner’s Note: Par. 0121 discloses that the SSB periodicity for the second SSB in the separate initial DL BWP may be different from the CD-SSB, meaning a separate periodicity parameter is configured and transmitted. Par. 0127 discloses that the frequency location is also separately provided via SIB1. When both frequency and periodicity are configured for the second SSB, the base station transmits the second SS/PBCH block based on both], and transmit, to the terminal, the second SS/PBCH block based on the information used for configuring the frequency of the second SS/PBCH block and the information used for configuring the periodicity of the first SS/PBCH block in a case where the information used for configuring the frequency of the second SS/PBCH block is included in the radio resource control message and the information used for configuring the periodicity of the second SS/PBCH block are not included in the radio resource control message (Chatterjee; a RedCap UE may expect configuration of Synchronization Signal Block (SSB) in a separate initial DL BWP (DL BWP #0A) that is configured via SIB signaling with Type 1 PDCCH CSS for random access related DL reception for RedCap UEs if the DL BWP #0A is also configured with Type 2 PDCCH CSS for paging reception, where the SSB periodicity and indexing are identical to the Cell Defining SSB (CD-SSB) for the camping or serving cell but located with non-zero offsets from the NR frequency raster in the frequency domain, Par. 0120; a RedCap UE, provided with SSB configuration in the separate initial DL BWP (DL BWP #0A), may be provided with the frequency location of the SSB via SIB1 signaling, Par. 0127) [Examiner’s Note: Par. 0120 discloses that the default configuration for the SSB in the separate initial DL BWP uses the same periodicity as the CD-SSB (first SSB), meaning no separate periodicity parameter is configured for the second SSB. However, the frequency location of the second SSB is separately provided via SIB1 signaling (Par. 0127) at a non-zero offset from the NR frequency raster. Thus, when the frequency of the second SSB is included in the RRC message but its own periodicity is not separately configured, the base station transmits the second SS/PBCH block using the frequency of the second SSB and the periodicity of the first SS/PBCH block (CD-SSB)]. Regarding claims 3, 7 and 11, Chatterjee teaches, the terminal according to claim 1, wherein the first SS/PBCH block is a cell defining SS/PBCH block, and the second SS/PBCH block is a non-cell defining SS/PBCH block (Chatterjee; where the SSB periodicity and indexing are identical to the Cell Defining SSB (CD-SSB) for the camping or serving cell but located with non-zero offsets from the NR synchronization raster in the frequency domain. Thus, although the SSB in DL BWP #0A may also be associated with an RMSI, such an SSB may not be interpreted as a Cell Defining SSB (CD-SSB) as it is not located on the synchronization raster, Par. 0123). Regarding claims 4, 8 and 12, Chatterjee teaches, the terminal according to claim 1, wherein the second SS/PBCH block is transmitted in an initial downlink bandwidth part for a RedCap terminal (Chatterjee; a RedCap UE may expect configuration of Synchronization Signal Block (SSB) in a separate initial DL BWP (DL BWP #0A) that is configured via SIB signaling with Type 1 PDCCH CSS for random access related DL reception for RedCap UEs, Par. 0120). 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 Noel R Beharry whose telephone number is (571)270-5630. The examiner can normally be reached M-Th 9-5pm. 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, Deborah Reynolds can be reached at (571) 272-0734. 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. NOEL R. BEHARRY Supervisory Patent Examiner Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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Prosecution Timeline

Mar 27, 2024
Application Filed
Feb 26, 2026
Non-Final Rejection mailed — §102
May 19, 2026
Response Filed
Jul 30, 2026
Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+43.2%)
4y 5m (~2y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 304 resolved cases by this examiner. Grant probability derived from career allowance rate.

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