Prosecution Insights
Last updated: October 17, 2026
Application No. 18/756,311

COMMUNICATION APPARATUS, BASE STATION, AND COMMUNICATION METHOD

Non-Final OA §103
Filed
Jun 27, 2024
Priority
Jan 07, 2022 — JP 2022-001588 +1 more
Examiner
THOMPSON, JR, OTIS L
Art Unit
Tech Center
Assignee
Toyota Motor Corporation
OA Round
2 (Non-Final)
89%
Grant Probability
Favorable
2-3
OA Rounds
1m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
922 granted / 1038 resolved
+28.8% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
26 currently pending
Career history
1073
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
53.3%
+13.3% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1038 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 August 3, 2026 with respect to claim(s) 1-4, 6-9 and 11-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 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) 1, 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US 2023/0163910) in view of Li et al. (US 2023/0143590). Regarding claim 1, Xu et al. discloses a communication apparatus (Figures 2 and 5, UE 120) comprising: a receiver (Figure 2 and paragraph 51, the UE 120 includes a transceiver) configured to: receive a system information block (SIB) from a base station (Paragraph 93, the base station 110 may transmit the configuration for the set of TRS resources and/or the set of TRS resource sets via a system information message. For example, the base station 110 may transmit the configuration for a TRS resource and/or a TRS resource set via an SIB. This may enable UEs that are not operating in a connected mode (e.g., an RRC connected mode) to receive the set of TRS resources and/or the set of TRS resource sets), and receive downlink control information (DCI) from the base station (Paragraph 94, the base station 110 may transmit the TRS availability indication via a PDCCH paging signal and/or a PEI signal); and a controller (Figure 2, controller/processor 280) configured to: determine a number of bits of a bitmap for an availability indication of a tracking reference signal (TRS) included in the DCI (Paragraph 108, base station 110 provides TRS availability indication with a number of bits in a bitmap; Paragraph 109, UE 120 receives availability indications; Paragraph 121, the UE 120 may determine or identify available TRS resources and/or available TRS resource sets based at least in part on receiving the TRS availability indication. For example, the UE 120 may identify one or more TRS resources and/or one or more TRS resource sets that are to be used by the base station 110 to transmit a TRS [number of bits determination is inherent with availability indications being bits in a bitmap]), determine, in a case where a TRS resource set configuration that configures a list of TRS resource sets is included in the SIB received by the communication apparatus (Paragraph 101, where each group configuration indicates a list of identifiers of configured TRS resource sets and/or configured TRS resources. The indication of the one or more group configurations may be included in a SIB (e.g., the SIB that configures the set of TRS resources and/or the set of TRS resource sets)), the number of bits based on an identifier related to a TRS resource set (Paragraph 101, the UE 120 may receive, one or more group configurations associated with the one or more groups of TRS resources and/or the one or more groups of TRS resource sets…where each group configuration indicates a list of identifiers of configured TRS resource sets and/or configured TRS resources; Paragraph 107, a quantity of groups formed for the TRS availability indication may be based at least in part on a quantity of bits available…for the TRS availability indication; Paragraph 108, base station 110 provides TRS availability indication with a number of bits in a bitmap; Paragraph 109, UE 120 receives availability indications; Paragraph 121, the UE 120 may determine or identify available TRS resources and/or available TRS resource sets based at least in part on receiving the TRS availability indication [number of bits determination is inherent with availability indications being bits in a bitmap])), wherein the identifier is included in the TRS resource set configuration (Paragraph 95, an indication of one or more groups of TRS resource sets may be included in the configuration of the set of TRS resource sets (e.g., a group identifier may be assigned to a configuration of each TRS resource set or TRS resource), and wherein the receiver is configured to receive the TRS from the base station based on the TRS resource set configuration and a value of a bit of the bitmap included in the DCI (Paragraph 119, UE 120 receives TRS availability indication, of TRS resources and resource sets, based on bits in the bitmap of the SIB; Paragraph 121, UE determines available TRS resources and resource sets based on the indication and monitors TRS resources and resources sets to receive TRS). Xu et al. do not disclose the following limitations that are disclosed by Li et al.: determine, in a case where the TRS resource set configuration is not received by the communication apparatus, the number of bits as 0 (Li et al., Paragraph 135, If the UE 960 receives a SIB, and a TRS/CSI configuration is not detected in the received SIB in step S1415, the UE shall not assume TRS/CSI RS available, and shall not consider the TRS/CSI RS in the processing of received signals (step S1450 in FIG. 14)). In Li et al., the TRS/CSI configuration not being detected in the SIB would imply/suggest that the number or bits for the configuration in the SIB is zero. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu et al. with the cited disclosure from Li et al. in order to implement a modified TRS/CSI-RS configuration that facilitates time/frequency domain tracking while also reducing power consumption for time/frequency domain tracking and/or paging monitoring (Li et al., Paragraph 119). Regarding claim 6, Xu et al. disclose a base station (Figures 2 and 5, base station 110) comprising: a transmitter (Figure 2 and paragraph 52, the base station 110 includes a transceiver) configured to: transmit a system information block (SIB) to a communication apparatus (Paragraph 93, the base station 110 may transmit the configuration for the set of TRS resources and/or the set of TRS resource sets via a system information message. For example, the base station 110 may transmit the configuration for a TRS resource and/or a TRS resource set via an SIB. This may enable UEs [communication apparatus] that are not operating in a connected mode (e.g., an RRC connected mode) to receive the set of TRS resources and/or the set of TRS resource sets), and transmit downlink control information (DCI) from the base station (Paragraph 94, the base station 110 may transmit the TRS availability indication via a PDCCH paging signal and/or a PEI signal); and a controller (Figure 2, controller/processor 240) configured to: determine a number of bits of a bitmap for an availability indication of a tracking reference signal (TRS) included in the DCI (Paragraph 108, base station 110 provides TRS availability indication with a number of bits in a bitmap; Paragraph 86, the TRS availability indication may be transmitted via the PDCCH [DCI]), and determine, in a case where a TRS resource set configuration that configures a list of TRS resource sets is included in the SIB transmitted to the communication apparatus (Paragraph 101, where each group configuration indicates a list of identifiers of configured TRS resource sets and/or configured TRS resources. The indication of the one or more group configurations may be included in a SIB (e.g., the SIB that configures the set of TRS resources and/or the set of TRS resource sets)), the number of bits based on an identifier related to the TRS resource set (Paragraph 108, base station 110 provides TRS availability indication with a number of bits in a bitmap to indicate groups/sets of TRS resources), wherein the identifier is included in the TRS resource set configuration (Paragraph 95, an indication of one or more groups of TRS resource sets may be included in the configuration of the set of TRS resource sets (e.g., a group identifier may be assigned to a configuration of each TRS resource set or TRS resource), and wherein the transmitter is configured to transmit the TRS to the communication apparatus based on the TRS resource set configuration and a value of a bit of the bitmap included in the DCI (Paragraph 119, UE 120 receives TRS availability indication, of TRS resources and resource sets, based on bits in the bitmap of the SIB; Paragraph 121, UE determines available TRS resources and resource sets based on the indication and monitors TRS resources and resources sets to receive TRS). Xu et al. do not disclose the following limitations that are disclosed by Li et al.: determine, in a case where the TRS resource set configuration is not transmitted to the communication apparatus, the number of bits as 0 (Li et al., Paragraph 135, If the UE 960 receives a SIB, and a TRS/CSI configuration is not detected in the received SIB in step S1415, the UE shall not assume TRS/CSI RS available, and shall not consider the TRS/CSI RS in the processing of received signals (step S1450 in FIG. 14)). In Li et al., the TRS/CSI configuration not being detected in the SIB would imply/suggest that the number or bits for the configuration in the SIB is zero. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu et al. with the cited disclosure from Li et al. in order to implement a modified TRS/CSI-RS configuration that facilitates time/frequency domain tracking while also reducing power consumption for time/frequency domain tracking and/or paging monitoring (Li et al., Paragraph 119). Regarding claim 11, Xu et al. discloses a communication method performed by a communication apparatus (Figures 2 and 5, UE 120), the communication method comprising: receiving a system information block (SIB) from a base station (Paragraph 93, the base station 110 may transmit the configuration for the set of TRS resources and/or the set of TRS resource sets via a system information message. For example, the base station 110 may transmit the configuration for a TRS resource and/or a TRS resource set via an SIB. This may enable UEs that are not operating in a connected mode (e.g., an RRC connected mode) to receive the set of TRS resources and/or the set of TRS resource sets), and receiving downlink control information (DCI) from the base station (Paragraph 94, the base station 110 may transmit the TRS availability indication via a PDCCH paging signal and/or a PEI signal); and determining a number of bits of a bitmap for an availability indication of a tracking reference signal (TRS) included in the DCI (Paragraph 108, base station 110 provides TRS availability indication with a number of bits in a bitmap; Paragraph 109, UE 120 receives availability indications; Paragraph 121, the UE 120 may determine or identify available TRS resources and/or available TRS resource sets based at least in part on receiving the TRS availability indication. For example, the UE 120 may identify one or more TRS resources and/or one or more TRS resource sets that are to be used by the base station 110 to transmit a TRS [number of bits determination is inherent with availability indications being bits in a bitmap]), wherein in a case where a TRS resource set configuration that configures a list of TRS resource sets is included in the SIB received by the communication apparatus (Paragraph 101, where each group configuration indicates a list of identifiers of configured TRS resource sets and/or configured TRS resources. The indication of the one or more group configurations may be included in a SIB (e.g., the SIB that configures the set of TRS resources and/or the set of TRS resource sets)), the number of bits based on an identifier related to a TRS resource set (Paragraph 101, the UE 120 may receive, one or more group configurations associated with the one or more groups of TRS resources and/or the one or more groups of TRS resource sets…where each group configuration indicates a list of identifiers of configured TRS resource sets and/or configured TRS resources; Paragraph 107, a quantity of groups formed for the TRS availability indication may be based at least in part on a quantity of bits available…for the TRS availability indication; Paragraph 108, base station 110 provides TRS availability indication with a number of bits in a bitmap; Paragraph 109, UE 120 receives availability indications; Paragraph 121, the UE 120 may determine or identify available TRS resources and/or available TRS resource sets based at least in part on receiving the TRS availability indication [number of bits determination is inherent with availability indications being bits in a bitmap])), the identifier being included in the TRS resource set configuration (Paragraph 95, an indication of one or more groups of TRS resource sets may be included in the configuration of the set of TRS resource sets (e.g., a group identifier may be assigned to a configuration of each TRS resource set or TRS resource), and receiving the TRS from the base station based on the TRS resource set configuration and a value of a bit of the bitmap included in the DCI (Paragraph 119, UE 120 receives TRS availability indication, of TRS resources and resource sets, based on bits in the bitmap of the SIB; Paragraph 121, UE determines available TRS resources and resource sets based on the indication and monitors TRS resources and resources sets to receive TRS). Xu et al. do not disclose the following limitations that are disclosed by Li et al.: in a case where the TRS resource set configuration is not received by the communication apparatus, the number of bits is determined as 0 (Li et al., Paragraph 135, If the UE 960 receives a SIB, and a TRS/CSI configuration is not detected in the received SIB in step S1415, the UE shall not assume TRS/CSI RS available, and shall not consider the TRS/CSI RS in the processing of received signals (step S1450 in FIG. 14)). In Li et al., the TRS/CSI configuration not being detected in the SIB would imply/suggest that the number or bits for the configuration in the SIB is zero. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu et al. with the cited disclosure from Li et al. in order to implement a modified TRS/CSI-RS configuration that facilitates time/frequency domain tracking while also reducing power consumption for time/frequency domain tracking and/or paging monitoring (Li et al., Paragraph 119). Claim(s) 2, 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of Li et al. as applied to claims 1, 6 and 11 above, and further in view of Maleki et al. (US 2024/0187944). Regarding claims 2, 7 and 12, Xu et al. in view of Li et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Maleki et al.: determining a validity duration of the availability indication based on information indicating the validity duration in a case where the SIB includes the TRS resource set configuration (Maleki et al., Paragraph 261, In some embodiments, the UE is indicated of the availability of TRS/CSI-RS within the SIB, i.e., the UE acquires the TRS/CSI-RS configurations from the SIB, and furthermore, the availability of TRS/CSI-RS transmissions are also indicated in the SIB. Furthermore, the availability signaling is associated with a validity timer Tv. The validity timer, e.g., can be defined as an integer multiple of the configured paging cycle or default paging cycles, or can be defined in millisecond or second. The validity timer may be included as part of the TRS configuration field, in which case the TRS will continue to be available for at least time Tv after availability indication is present in the SI) and the information indicating the validity duration, and a time unit of the validity duration is one default paging cycle (Maleki et al., Paragraph 261, The validity timer, e.g., can be defined as an integer multiple of the configured paging cycle or default paging cycles, or can be defined in millisecond or second). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Xu et al. and Li et al. with the cited disclosure from Maleki et al. in order to implement a validity time for the TRS configuration that allows the UE to remain in sleep mode longer thereby decreasing energy consumption (Maleki et al., Paragraph 152). Claim(s) 3, 4, 8, 9, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of Li et al. as applied to claims 1, 6 and 11 above, and further in view of Lin (US 2022/0271878). Regarding claims 3, 8 and 13, Xu et al. in view of Li et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Lin: wherein cyclic redundancy check (CRC) bits scrambled by a paging radio network temporary identifier (P-RNTI) are attached to the DCI (Lin, Paragraph 82, availability indication of TRS/CSI-RS occasions to idle/inactive UEs based on both L1 signaling and/or SIB based signaling, where the L1 signaling can be common for both PEI and the availability indication; Paragraph 91, The DCI format for PEI can be one of the following methods…(2) in another method, the DCI format has CRC bits scrambled by P-RNTI). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Xu et al. and Li et al. with the cited disclosure from Lin in order support TRS availability indication in multiple forms of signaling (Lin, Paragraph 82). Regarding claims 4, 9 and 14, Xu et al. in view of Li et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Lin: wherein cyclic redundancy check (CRC) bits scrambled by a paging early indication-radio network temporary identifier (PEI-RNTI) are attached to the DCI (Lin, Paragraph 82, availability indication of TRS/CSI-RS occasions to idle/inactive UEs based on both L1 signaling and/or SIB based signaling, where the L1 signaling can be common for both PEI and the availability indication; Paragraph 91, The DCI format for PEI can be one of the following methods…(3) in yet another method, the DCI format has CRC bits scrambled by a RNTI dedicated to PEI, for example, PEI-RNTI). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Xu et al. and Li et al. with the cited disclosure from Lin in order support TRS availability indication in multiple forms of signaling (Lin, Paragraph 82). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liao et al. (US 2022/0303089) disclose TRS availability information being implicitly signaled within the SIB with the possibility of the SIB including TRS configuration but the TRS configuration not including TRS occasion information and the UE assuming no TRS transmission in such a case (Paragraph 38). Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm. 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 G. 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. /OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477 October 6, 2026
Read full office action

Prosecution Timeline

Jun 27, 2024
Application Filed
May 04, 2026
Non-Final Rejection mailed — §103
Aug 03, 2026
Response Filed
Oct 08, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+9.6%)
2y 4m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1038 resolved cases by this examiner. Grant probability derived from career allowance rate.

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