Prosecution Insights
Last updated: October 24, 2026
Application No. 18/712,563

TERMINAL, AND BASE STATION

Final Rejection §103
Filed
May 22, 2024
Priority
Nov 29, 2021 — nonprovisional of PCTJP2021043690
Examiner
DUONG, THAO DUC
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
250 granted / 287 resolved
+29.1% vs TC avg
Moderate +15% lift
Without
With
+14.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
11 currently pending
Career history
303
Total Applications
across all art units

Statute-Specific Performance

§101
9.8%
-30.2% vs TC avg
§103
63.5%
+23.5% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 287 resolved cases

Office Action

§103
CTNF 18/712,563 CTNF 89605 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. The claims filed on 05/22/2024 are entered and acknowledge. Claim 3 have been amended. Claim 7 have been added. Claims 1-7 are currently pending in the instant application. Drawings The drawings filed on 05/22/2024 have been considered. Information Disclosure Statement 06-52 The information disclosure statement (IDS) was submitted on 05/22/2024, 9/10/2025 and 10/9/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objection Claim 5 recites the acronym “BWP”. However, applicant is suggested to spell out the term prior to the first instance of each acronym. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: reception unit, control unit, transmission unit in claims 1, 4, 6. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-23-aia AIA The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 07-21-aia AIA Claim s 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al Pub. No.: (US 2020/0374851 A1) (hereinafter “Zhou”) in view of Taketa et al Pub. No.: (US 2020/0344018 A1) (hereinafter "Taketa”) . With respect to claim 1: Zhou disclose a terminal comprising: a reception unit configured to receive information, indicating an available frequency range or an unavailable frequency range, transmitted from a base station to a terminal (base station sends a frequency domain range of the BWP to the UE, indicating unavailable and available domain resource segments of the BWP [0096-0102]); a control unit configured to determine a frequency range for use in communication based on the information (the UE can learn which frequency domain resource of the BWP is available for communication with the base station [0096-0102]); However, Zhou does not explicitly disclose transmitting available frequency range from a base station to a plurality of terminals; Taketa discloses transmitting available frequency range from a base station to a plurality of terminals (user terminal receiving downlink control information including instruction information from the base station, information including BWPs, which can refer to as partial frequency band or a partial band [0037-0039], [0090], [0105], [0135], [0144], [0160-0162], an arrangement and the numbers of respective cells and the user terminals are not limited to the aspect illustrated [0111]); Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou in view of Taketa in order to transmit available frequency range from a base station to a plurality of terminals; One of ordinary skill in the art would have been motivated because it would provide switching of BWP for controlled transmission and reception of data [Taketa: 0039]. With respect to claim 2: Zhou-Taketa discloses the terminal as claimed in claim 1 as set forth above. Zhou discloses when the reception unit receives information indicating an unavailable frequency range and stops operation in a component carrier of the unavailable frequency range, and starts operation in a component carrier of the available frequency range (the UE receives information indicating an unavailable frequency domain range of a BWP [0096]. When the frequency domain resource segment is changed from available to unavailable, the UE avoids the unavailable frequency domain resource segment [0010], [0178-0179]. Frequency domain resource of a cell may also be referred to as a component carrier [0067]);); Additionally, Taketa also discloses the control unit stops operation in a component carrier of the unavailable frequency range, and starts operation in a component carrier of the available frequency range (the UE switches BWP by activating and deactivating the BWP based on the availability information received [0037-0039], [0090], [0105], [0135], [0144], [0160-0162]). With respect to claim 3: Zhou-Taketa discloses the terminal as claimed in claim 1 as set forth above. Zhou discloses wherein the information is a cell activation or a cell deactivation (base station activating frequency domain resources for the one or more BWPs [0066], [0088]). With respect to claim 4: Zhou disclose a terminal comprising: a reception unit configured to receive information, indicating an available frequency range or an unavailable frequency range in a component carrier, transmitted from a base station to a terminal (base station sends a frequency domain range of the BWP to the UE, indicating unavailable and available domain resource segments of the BWP [0096-0102]. Frequency domain resource of a cell may also be referred to as a component carrier [0067]); a control unit configured to determine a frequency range for use in communication based on the information (the UE can learn which frequency domain resource of the BWP is available for communication with the base station [0096-0102]); However, Zhou does not explicitly disclose transmitting available frequency range from a base station to a plurality of terminals; Taketa discloses transmitting available frequency range from a base station to a plurality of terminals (user terminal receiving downlink control information including instruction information from the base station, information including BWPs, which can refer to as partial frequency band or a partial band [0037-0039], [0090], [0105], [0135], [0144], [0160-0162], an arrangement and the numbers of respective cells and the user terminals are not limited to the aspect illustrated [0111]); Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou in view of Taketa in order to transmit available frequency range from a base station to a plurality of terminals; One of ordinary skill in the art would have been motivated because it would provide switching of BWP for controlled transmission and reception of data [Taketa: 0039]. With respect to claim 6: Zhou disclose a base station comprising: a control unit configured to determine a frequency range for use in communication (base station sends a frequency domain range of the BWP to the UE, indicating unavailable and available domain resource segments of the BWP [0096-0102]); a transmission unit configured to transmit information, indicating an available frequency range or an unavailable frequency range, to a terminal based on determining by the control unit (base station sends a frequency domain range of the BWP to the UE, indicating unavailable and available domain resource segments of the BWP [0096-0102]); However, Zhou does not explicitly disclose transmitting available frequency range from a base station to a plurality of terminals; Taketa discloses transmitting available frequency range from a base station to a plurality of terminals (user terminal receiving downlink control information including instruction information from the base station, information including BWPs, which can refer to as partial frequency band or a partial band [0037-0039], [0090], [0105], [0135], [0144], [0160-0162], an arrangement and the numbers of respective cells and the user terminals are not limited to the aspect illustrated [0111]); Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou in view of Taketa in order to transmit available frequency range from a base station to a plurality of terminals; One of ordinary skill in the art would have been motivated because it would provide switching of BWP for controlled transmission and reception of data [Taketa: 0039]. With respect to claim 7: Zhou-Taketa discloses the terminal as claimed in claim 2 as set forth above. Zhou discloses wherein the information is a cell activation or a cell deactivation (base station activating frequency domain resources for the one or more BWPs [0066], [0088]) . 07-21-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al Pub. No.: (US 2020/0374851 A1) (hereinafter “Zhou”) in view of Taketa et al Pub. No.: (US 2020/0344018 A1) (hereinafter "Taketa”) as applied to claims 1-4 and 6-7 above, further in view of Vyas et al Pub. No.: (US 2024/0178983 A1) (hereinafter "Vyas”) . With respect to claim 5: Zhou-Taketa discloses the terminal as claimed in claim 4 as set forth above. Zhou discloses information for switching BWP (updated information from available to unavailable, causing the UEW to avoid the unavailable [0010], [0178-0179]); However, Zhou-Taketa does not explicitly disclose wherein the information is information requesting BWP switching; Vyas discloses wherein the information is information requesting BWP switching (base station transmit an RRC message requesting the UE to switch from the current active BWP to a different BWP [0075]); Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou-Taketa in view of Vyas in order to have information requesting BWP switching; One of ordinary skill in the art would have been motivated because it would provide power savings at the UE [Vyas: 0070] . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Tanaka et al. Pub. No.: (US 2020/0100259 A1). The subject matter disclosed therein is pertinent to that of claims 1-7 (e.g., Radio resource management apparatus, and wireless communication system). Yang et al. Pub. No.: (US 2012/0076105 A1). The subject matter disclosed therein is pertinent to that of claims 1-7 (e.g., Communication method using a carrier aggregation and apparatus therefore). Zhou et al. Pub. No.: (US 2021/0014017 A1). The subject matter disclosed therein is pertinent to that of claims 1-7 (e.g., Event-Triggered reference signal transmission for carrier selection). Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAO DUC DUONG whose telephone number is (571)272-2350. The examiner can normally be reached on M-F 9-5. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Gillis can be reached on (571)272-7952. 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. /T. D./ Examiner, Art Unit 2446 /BRIAN J. GILLIS/Supervisory Patent Examiner, Art Unit 2446 Application/Control Number: 18/712,563 Page 2 Art Unit: 2446 Application/Control Number: 18/712,563 Page 3 Art Unit: 2446 Application/Control Number: 18/712,563 Page 4 Art Unit: 2446 Application/Control Number: 18/712,563 Page 5 Art Unit: 2446 Application/Control Number: 18/712,563 Page 6 Art Unit: 2446 Application/Control Number: 18/712,563 Page 7 Art Unit: 2446 Application/Control Number: 18/712,563 Page 8 Art Unit: 2446 Application/Control Number: 18/712,563 Page 9 Art Unit: 2446 Application/Control Number: 18/712,563 Page 10 Art Unit: 2446
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Prosecution Timeline

May 22, 2024
Application Filed
Apr 06, 2026
Non-Final Rejection mailed — §103
Jul 06, 2026
Response Filed
Oct 21, 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
87%
Grant Probability
99%
With Interview (+14.9%)
2y 7m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 287 resolved cases by this examiner. Grant probability derived from career allowance rate.

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