Prosecution Insights
Last updated: August 18, 2026
Application No. 18/696,732

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Mar 28, 2024
Priority
Sep 30, 2021 — nonprovisional of PCT/JP2021/036250 +1 more
Examiner
JENSEN, NICHOLAS A
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
2y 6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
84 granted / 152 resolved
-2.7% vs TC avg
Strong +56% interview lift
Without
With
+56.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 11m
Avg Prosecution
9 currently pending
Career history
174
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
47.8%
+7.8% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 152 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 . Response to Arguments Applicant's arguments filed 6/23/2026 have been fully considered but they are partially persuasive. At page 6, second to last paragraph of Applicant’s 6/23/2026 remarks, Applicant provides a summary of Muruganathan’s 110, 113-116, 120-123, stating that Muruganathan effectively describes that a TDM scheme is not configured when information regarding a number of repetitions is not configured, citing Muruganathan [0120-0122]. Applicant asserts on page 7, that no portion of Muruganathan describes that a TDM multiplexing-based repetition scheme is not configured when the PDSCH-AggregationFactor RRC parameter is configured. Examiner respectfully disagrees For anticipation the reference need not use the exact negative language of the claim. In this case Muruganathan discloses the UE conclusively determines a specific scheme based on configuration, thereby a different scheme is not applied. This branching of If, else-if clauses is explicit in the citations of Muruganathan. At the top of page 11, Applicant points to 213-223 of Muruganathan which teaches a different embodiment that combines aspects of the relied upon emboidments. However, the instant claim utilizes the transition phrase ‘comprising’, which is open ended and does not exclude additional unrecited limitations. Therefore, the instant claims do not exclude this unrecited embodiment of Muruganathan. Muruganathan teaches “If the DCI TCI field indicates more than one TCI state… the DCI Antenna ports field indicates DMRS ports belonging to one DMRS CDM group, and the UE is configured with RRC parameters PDSCH-AggregationFactor with a value larger than 1, then the UE assumes that… the PDSCH transmission… are slot-based time multiplexed.” “Else if the DCI TCI field indicates more than one TCI state… the DCI Antenna ports field indicates DMRS ports belonging to one DMRS CDM group, and the UE is not configured with RRC parameters PDSCH-AggregationFactor, and the TDRA row value indicated in DCI indicates multiple start times… then the UE assumes that… the PDSCH transmission… are mini-slot-based time multiplexed.” Further search and consideration also showed another patent by Muruganathan, Gao, which is included in the rejection below. 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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. Claim(s) 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Muruganathan et al. (US PGPub. 2022/0104237 A1) hereinafter Muruganathan, in view of Gao et al. (US PGPub. 2022/0394708 A1) hereinafter Gao Regarding claim 7, and similarly 8-10, Muruganathan disclose: A terminal comprising: a receiver that receives information regarding a configuration of a time division multiplexing- based repetition scheme or information regarding a number of repetitions, for a physical downlink shared channel (PDSCH); ([0104-0107], [0110] (slot-based TDM), [0113-0116] mini-slot-based TDM Figs. 7, 8, 11 - UE is configured (via DCI/RRC) to differentiate PDSCH TDM schemes: slot-based time multiplexing using PDSCH-AggregationFactor and mini-slot-based time multiplexing using TDRA with multiple start times/lengths.) and a processor that controls reception of a plurality of PDSCHs scheduled by downlink control information (DCI), ([0011–0012], [0046–0053], [0138–0140] Figs. 5–8, 12; UE decodes PDCCH (DCI) and then receives multiple PDSCHs (e.g., from multiple TRPs) per DCI; examples show one PDCCH scheduling two PDSCHs with associated TCI states.) Muruganathan broadly discloses: wherein when the information regarding the number of repetitions is configured, the time division multiplexing-based repetition scheme is not configured, ([0110] slot-based when PDSCH-AggregationFactor configured, [0113-0116] mini-slot if no slot-aggregation but TDRA indicates multiple starts, [0120-0123] FDM by exclusion, Differentiation rules select exactly one scheme per scheduling: if number-of-repetitions (PDSCH-AggregationFactor) is configured then slot-based TDM; else if TDRA shows multiple mini-slots then mini-slot TDM; otherwise FDM by exclusion-i.e., the presence of a repetitions parameter deterministically selects one TDM mode and does not concurrently configure another TDM repetition scheme.) Muruganathan broadly discloses: and when the time division multiplexing-based repetition scheme is configured, the information regarding the number of repetitions is not configured. ([0113]–[0116] mini-slot TDM is only assumed when the aggregation factor (number of repetitions) is not configured. Thus, when the TDM-based repetition scheme (mini-slot TDM via TDRA) is configured/indicated, the number-of-repetitions parameter is not configured. The two configurations are mutually exclusive by the defined differentiation rules) However, Gao discloses: wherein when the information regarding the number of repetitions is configured, the time division multiplexing-based repetition scheme is not configured, ([0087-0088]; [0098-0099]; [0101-0103] (Figs. 12, 13) When a TDRA row with “Number of PDSCH Repetitions” IS present but only one TCI state is indicated then single-TRP repetition (NOT Scheme 3 or 4). When row has repetitions but conditions for TDM scheme are not met then TDM scheme is not used. When repetition field is “not configured” then different scheme selection logic applies) and when the time division multiplexing-based repetition scheme is configured, the information regarding the number of repetitions is not configured. ([0102-0105] (Figs. 13, 14, 15) When the repetition field is “not configured” (absent from TDRA row) and two TCI states + one CDM group are indicated then Scheme 3 (mini-slot TDM) is used. The TDM scheme applies precisely when the number of repetitions is NOT configured in that row) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RRC parameters disclosed by Muruganathan to include the explicit mapping of how parameters impact the scheme of Gao . One of ordinary skill in the art would have been motivated to make this modification because there is a need to dynamically switch between different PDSCH transmission schemes as taught by Gao, [0008]. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Muruganathan et al. (US PGPub. 2022/0104237 A1) hereinafter Muruganathan, in view of Gao et al. (US PGPub. 2022/0394708 A1) hereinafter Gao as evidenced by 3GPP TS 38.214 version 16.20.0 Release 16. Regarding claim 11. Muruganathan does not explicitly disclose the following limitation that is taught by Gao as evidenced by 3GPP: The terminal according to claim 7, wherein the time division multiplexing-based repetition scheme comprises tdmSchemeA. (Gao, [0050]; [0085]; [0094]; Fig. 7, Scheme 3 (TDM, mini-slot based)n TCI states within a single slot, non-overlapped time resource allocation; time granularity of mini-slot; up to 2 TCI states across PDSCH repetitions. Scheme 3 in the reference is technically identical to what 3GPP standardized as tdmSchemeA according to 3GPP TS 38.214 v16.2.0 page 12, fifth paragraph from top, When two TCI states are indicated in a DCI and the UE is set to 'FDMSchemeA'. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RRC parameters disclosed by Muruganathan to include the explicit mapping of how parameters impact the scheme of Gao . One of ordinary skill in the art would have been motivated to make this modification because there is a need to dynamically switch between different PDSCH transmission schemes as taught by Gao, [0008]. 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 Nicholas Jensen whose telephone number is (571)270-5443. The examiner can normally be reached M-F 8:30-5:30 EST. 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. 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. NICHOLAS JENSEN Supervisory Patent Examiner Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Mar 28, 2024
Application Filed
Aug 18, 2025
Response after Non-Final Action
Mar 24, 2026
Non-Final Rejection mailed — §103
Jun 23, 2026
Response Filed
Jul 28, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+56.2%)
4y 11m (~2y 6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 152 resolved cases by this examiner. Grant probability derived from career allowance rate.

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