Prosecution Insights
Last updated: May 29, 2026
Application No. 18/685,414

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §103
Filed
Feb 21, 2024
Priority
Aug 25, 2021 — JP 2021-137354 +1 more
Examiner
MAGLOIRE, ELISABETH BENOIT
Art Unit
2471
Tech Center
2400 — Computer Networks
Assignee
NTT Docomo Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
711 granted / 795 resolved
+31.4% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
15 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
57.5%
+17.5% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 795 resolved cases

Office Action

§103
DETAILED ACTION 1. The following Office Action is based on the preliminary amendment filed on 11 August 2025, having claims 7-12 (claims 1-6 were cancelled) and drawing figures 1-10. Notice of Pre-AIA or AIA Status 2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Specification 3. The title of the invention is not descriptive. The current title “Terminal, Radio Communication Method, and Base Station” broadly describes most wireless systems. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 103 4. 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 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gao (EP 3 972 362 A1) in view of Fakoorian et al. (US 2023/0345465 A1). For claims 7 and 10, Gao discloses a terminal (Fig 1, terminal 11) comprising: a receiver (Fig 4, transceiver 410) that receives a physical uplink control channel (PUCCH) configuration including a sub-slot length ([0094] terminal receives PUCCH configuration information comprising the quantity of symbols (i.e., symbol length) in a sub-slot); and a processor (Fig 4, processor 400) that determines, based on the sub-slot length, a plurality of start symbols corresponding to a plurality of PUCCH transmissions, and controls to transmit the plurality of PUCCHs over a plurality of sub-slots ([0090] and [0098] based on a start symbol index and a sub-slot length of 3 symbols, a plurality of start symbols is determined for PUCCH transmissions). For claims 7 and 10, Gao does not expressly recite that the PUCCH transmissions are PUCCH repetitions. Fakoorian, from the same or similar field of endeavor, teaches that the PUCCH transmission include intra-slot PUCCH repetitions [0126]. Thus, it would have been obvious to one skilled in the art that the PUCCH transmission in the plurality of sub-slots in the communication network of Gao may be PUCCH repetitions based on the teachings of Fakoorian at the time of the invention. For claim 8, Gao discloses the PUCCH configuration further includes a start symbol index indicating a relative value to a first symbol of a slot ([0086] and [0090]), and the processor determines the plurality of start symbols based on a remainder obtained by dividing the start symbol index by the sub-slot length ([0098] and [0098] the network side device configures the PUCCH by dividing the smallest sub-slot from a slot to determine the start symbol relative to the sub-slot length). For claim 9, Fakoorian discloses a transmitter that transmits capability information indicating support of transmitting the plurality of PUCCH repetitions over the plurality of sub-slots ([0126] the UE transmits its capability to the base station, wherein the capability includes intra-slot PUCCH repetitions transmission capability). For claim 11, Gao discloses a base station (Fig 1, network side device 12) comprising: a transmitter (Fig 4, transceiver 410) that transmits a physical uplink control channel (PUCCH) configuration including a sub-slot length ([0094] terminal receives PUCCH configuration information comprising the quantity of symbols (i.e., symbol length) in a sub-slot); and a processor (Fig 4, processor 400) that determines, based on the sub-slot length, a plurality of start symbols corresponding to a plurality of PUCCH transmissions, and controls to receive the plurality of PUCCHs over a plurality of sub-slots ([0090] and [0098] based on a start symbol index and a sub-slot length of 3 symbols, a plurality of start symbols is determined for PUCCH transmissions). For claim 11, Gao does not expressly recite that the PUCCH transmissions are PUCCH repetitions. Fakoorian, from the same or similar field of endeavor, teaches that the PUCCH transmission include intra-slot PUCCH repetitions [0126]. Thus, it would have been obvious to one skilled in the art that the PUCCH transmission in the plurality of sub-slots in the communication network of Gao may be PUCCH repetitions based on the teachings of Fakoorian at the time of the invention. For claim 12, Gao discloses a system comprising a terminal (Fig 1, terminal 11) and a base station (Fig 1, network side device 12), wherein the terminal comprises: a receiver (Fig 4, transceiver 410) that receives a physical uplink control channel (PUCCH) configuration including a sub-slot length ([0094] terminal receives PUCCH configuration information comprising the quantity of symbols (i.e., symbol length) in a sub-slot); and a processor (Fig 4, processor 400) that determines, based on the sub-slot length, a plurality of start symbols corresponding to a plurality of PUCCH transmissions, and controls to transmit the plurality of PUCCHs over a plurality of sub-slots, and the base station comprises: a transmitter that transmits the PUCCH configuration ([0090] and [0098] based on a start symbol index and a sub-slot length of 3 symbols, a plurality of start symbols is determined for PUCCH transmissions). For claim 12, Gao does not expressly recite that the PUCCH transmissions are PUCCH repetitions. Fakoorian, from the same or similar field of endeavor, teaches that the PUCCH transmission include intra-slot PUCCH repetitions [0126]. Thus, it would have been obvious to one skilled in the art that the PUCCH transmission in the plurality of sub-slots in the communication network of Gao may be PUCCH repetitions based on the teachings of Fakoorian at the time of the invention. Conclusion 6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form. 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elisabeth B Magloire whose telephone number is (571)272-5601. The examiner can normally be reached M-F 8 AM-5 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, Sujoy K Kundu can be reached at 571-272-8586. 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. /ELISABETH BENOIT MAGLOIRE/Primary Examiner, Art Unit 2471
Read full office action

Prosecution Timeline

Feb 21, 2024
Application Filed
Mar 31, 2026
Non-Final Rejection mailed — §103 (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
89%
Grant Probability
98%
With Interview (+8.2%)
2y 7m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 795 resolved cases by this examiner. Grant probability derived from career allowance rate.

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