Prosecution Insights
Last updated: October 02, 2026
Application No. 18/698,283

RADIO BASE STATION, RADIO COMMUNICATION SYSTEM, AND RADIO COMMUNICATION METHOD

Final Rejection §103
Filed
Apr 03, 2024
Priority
Oct 15, 2021 — nonprovisional of PCTJP2021038302
Examiner
RANDHAWA, MANDISH K
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
1y 1m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
366 granted / 561 resolved
+7.2% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
33 currently pending
Career history
605
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
62.1%
+22.1% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 561 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 2. 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. 3. 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. 4. 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. 5. Claims 1-3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (US 2023/0123247 A1) in view of Baek et al. (US 2024/0267967 A1, hereinafter “Baek”). Regarding claims 1 and 6, Yoo teaches a first distributed unit comprising: a transceiver that communicates with a second distributed unit via an inter-distributed unit interface between the first distributed unit and the second distributed unit without via a central unit (figs. 2A-3B, 8, 9, ¶ [0046], Signaling between the two nodes may be performed by an inter-DU interface (e.g., FX-D)); and a processor that controls data transfer with a terminal in which a first cell of the first distributed unit (figs. 8, 9, ¶ [0102]-¶ [0105]), wherein the transceiver receives, from the second distributed unit via the inter-distributed unit interface, radio resource information indicating radio resources selected for data transfer with the terminal in a second cell (figs.3A-7, ¶ [0041], ¶ [0047], The resource status reporting procedure 330 may include a resource status reporting procedure by the second node 110-2. Signaling from the second node 110-2 to the first node 110-1 may be performed by an inter-DU interface (e.g., FX-D). ¶ [0060], the sharing cell information of the embodiments of the present disclosure may include resource information. The resource information may include at least one of data resource information (e.g., physical uplink shared channel (PUSCH) resource pattern information), control channel information (e.g., physical downlink control channel (PDCCH) length information), resource allocation information (e.g., RB blanking information), and RS (reference signal) configuration information (e.g., positioning RS (PRS) configuration information and cell-specific RS (CRS) configuration information). ¶ [0080], ¶ [0092]). Yoo does not explicitly teach a first cell of the first distributed unit is configured as a primary cell (PCell) and a second cell of the second distributed unit is configured as a secondary cell (SCell) of the terminal. Baek teaches a processor that controls data transfer with a terminal in which a first cell of the first distributed unit is configured as a primary cell (PCell) (figs. 3, 10, 18-20, ¶ [0102], ¶ [0108], ¶ [0111]), wherein the transceiver receives, from the second distributed unit via the inter-distributed unit interface, information for data transfer with the terminal in a second cell that is configured as a secondary cell (SCell) of the terminal (figs. 3, 10, 18-20, ¶ [0137], the DU1 1840 may forward the received status report message 1870 to the DU2 1850 (1880). The forwarding 1880 may be performed via an Xn interface or an inter-DU interface. When the DU2 1850 receives the RLC status report message, it may determine, based on this message, whether the RLC entity will perform retransmission. ¶ [0081], a base station (e.g., a DU) corresponding to the specific subcell group may receive the MAC CE that it needs and use the MAC CE for radio resource scheduling.). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, utilize carrier aggregation including a PCell associated with a first distributed unit and Scell associated with a second distributed unit in the system of Yoo and to exchange, between the first distributed unit and second distributed unit, via the inter-distributed unit interface, radio resource information indicating radio resources selected for data transfer with the terminal in a second cell that is configured as a SCell of the terminal to further improve industrial applicability. Regarding claim 5, Yoo teaches a radio communication system comprising a terminal and radio base station including a first distributed unit and a second distributed unit (figs. 2A-7), wherein the first distributed unit comprises: a transceiver that communicates with a second distributed unit via an inter-distributed unit interface between the first distributed unit and the second distributed unit without via a central unit (figs. 2A-3B, 8, 9, ¶ [0046], Signaling between the two nodes may be performed by an inter-DU interface (e.g., FX-D)); and a processor that controls data transfer with a terminal in which a first cell of the first distributed unit (figs. 8, 9, ¶ [0102]-¶ [0105]), wherein the transceiver receives, from the second distributed unit via the inter-distributed unit interface, radio resource information indicating radio resources selected for data transfer with the terminal in a second cell (figs.3A-7, ¶ [0041], ¶ [0047], The resource status reporting procedure 330 may include a resource status reporting procedure by the second node 110-2. Signaling from the second node 110-2 to the first node 110-1 may be performed by an inter-DU interface (e.g., FX-D). ¶ [0060], the sharing cell information of the embodiments of the present disclosure may include resource information. The resource information may include at least one of data resource information (e.g., physical uplink shared channel (PUSCH) resource pattern information), control channel information (e.g., physical downlink control channel (PDCCH) length information), resource allocation information (e.g., RB blanking information), and RS (reference signal) configuration information (e.g., positioning RS (PRS) configuration information and cell-specific RS (CRS) configuration information). ¶ [0080], ¶ [0092]). Yoo does not explicitly teach a first cell of the first distributed unit is configured as a primary cell (PCell) and a second cell of the second distributed unit is configured as a secondary cell (SCell) of the terminal. Baek teaches a processor that controls data transfer with a terminal in which a first cell of the first distributed unit is configured as a primary cell (PCell) (figs. 3, 10, 18-20, ¶ [0102], ¶ [0108], ¶ [0111]), wherein the transceiver receives, from the second distributed unit via the inter-distributed unit interface, information for data transfer with the terminal in a second cell that is configured as a secondary cell (SCell) of the terminal (figs. 3, 10, 18-20, ¶ [0137], the DU1 1840 may forward the received status report message 1870 to the DU2 1850 (1880). The forwarding 1880 may be performed via an Xn interface or an inter-DU interface. When the DU2 1850 receives the RLC status report message, it may determine, based on this message, whether the RLC entity will perform retransmission. ¶ [0081], a base station (e.g., a DU) corresponding to the specific subcell group may receive the MAC CE that it needs and use the MAC CE for radio resource scheduling). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, utilize carrier aggregation including a PCell associated with a first distributed unit and Scell associated with a second distributed unit in the system of Yoo and to exchange, between the first distributed unit and second distributed unit, via the inter-distributed unit interface, radio resource information indicating radio resources selected for data transfer with the terminal in a second cell that is configured as a SCell of the terminal to further improve industrial applicability. Regarding claim 2, Yoo in view of Baek teaches the distributed unit according to claim 1. Yoo does not explicitly teach wherein the transceiver transmits information indicating a status of a radio link channel with the terminal in a secondary cell formed by the second distributed unit via the inter-distributed unit interface. Baek teaches wherein the transceiver transmits information indicating a status of a radio link channel with the terminal in a secondary cell formed by the second distributed unit via the inter-distributed unit interface (figs. 3, 10, 18-20, ¶ [0137], the DU1 1840 may forward the received RLC status report message 1870 to the DU2 1850 ). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to transmit information indicating a status of a radio link channel with the terminal in a secondary cell formed by the second distributed unit via the inter-distributed unit interface in the system of Yoo in view of Baek to further enhance system efficiency and reliability. Regarding claim 3, Yoo in view of Baek teaches distributed unit according to claim 1, wherein the transceiver transmits information related to a Medium Access Control Layer Control Element via the inter-distributed unit interface (Yoo: figs. 2A, 7, ¶ [0049], The data transmission procedure 345 may include a data transmission procedure by the first node 110-1 and the second node 110-2. Signaling between the two nodes may be performed by an inter-DU interface (e.g., FX-U). ¶ [0110], As exemplified to describe the embodiments of FIG. 2A to FIG. 7, the base station is distinguished into a central unit (CU) and a digital unit (DU), and the CU may be implemented to perform upper layers (e.g., packet data convergence protocol (PDCP) and RRC) and the DU to perform lower layers (e.g., medium access control (MAC) and physical (PHY))). Yoo does not explicitly teach wherein the transceiver transmits information related to a Radio Link Control Layer, via the inter-distributed unit interface. Beak teaches wherein the transceiver transmits information related to a Radio Link Control Layer, via the inter-distributed unit interface (Baek: figs. 18-20). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to transmit information related to a Medium Access Control Layer Control Element and a Radio Link Control Layer, via the inter-distributed unit interface in the system of Yoo in view of Baek to further improve industrial applicability. Regarding claim 7, Yoo in view of Baek teaches the first distributed unit according to claim 1, wherein the first distributed unit and the second distributed unit are connected to a same central unit (Yoo: fig. 2B, Baek: figs. 3, 10, ¶ [0060]). Response to Arguments 6. Applicant’s arguments filed on June 9, 2026 have been considered but are moot in view of new ground(s) of rejection. Examiner submits that Yoo in view of Bake render obvious the amended claims 1-3, 5-7, as set forth above. Conclusion 7. 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. 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 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, Chirag Shah can be reached at 571-272-3144. 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. /MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Apr 03, 2024
Application Filed
Mar 09, 2026
Non-Final Rejection mailed — §103
Jun 09, 2026
Response Filed
Sep 17, 2026
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

3-4
Expected OA Rounds
65%
Grant Probability
92%
With Interview (+27.2%)
3y 7m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 561 resolved cases by this examiner. Grant probability derived from career allowance rate.

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