Prosecution Insights
Last updated: August 16, 2026
Application No. 18/856,774

TERMINAL, BASE STATION AND COMMUNICATION METHOD

Non-Final OA §102§112
Filed
Oct 14, 2024
Priority
Apr 22, 2022 — nonprovisional of PCTJP2022018627
Examiner
JEONG, MOO RYONG
Art Unit
Tech Center
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
188 granted / 247 resolved
+16.1% vs TC avg
Strong +44% interview lift
Without
With
+44.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
15 currently pending
Career history
262
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
47.7%
+7.7% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
29.1%
-10.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 247 resolved cases

Office Action

§102 §112
DETAILED ACTION This Office action is a response to an application filed on October 14, 2024 wherein claims 1-5 remain pending and ready for examination. 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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Interpretation 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 claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 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: communication unit, reception unit, and control unit in claims 1-3 and communication unit, transmission unit, and control unit of claim 4. 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. More specifically, communication unit, reception unit, transmission unit, and control unit are interpreted to cover any combination of at least of hardware and software as described in specification paragraph 0095 (PGPub [129]). 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. The broadest reasonable interpretation (BRI) of the term “assume” in the limitation “assum[ing] that … the cancellation indication for the uplink signal is transmitted for each of the plurality of component carriers or for the unit including the plurality of component carriers,” as recited in claims 1, 4, and 5, includes judging, calculating, computing, processing, deriving, investigating, searching (e.g., looking up or inquiring, such as searching in a table, database, or other data structure), ascertaining, receiving (e.g., receiving information), transmitting (e.g., transmitting information), inputting, outputting, accessing (e.g., accessing data in memory), resolving, selecting, choosing, establishing, comparing, expecting, considering, or the like, according to specification paragraph 0143 (PGPub [177]). Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claims 1-5: The limitation “in a case where the scheduling is performed in a unit including a plurality of component carriers”, as recited in claims 1, 4, and 5, renders the claims indefinite because it is unclear whether the unit is required to include: (1) only some portions of the plurality of component carriers, as shown in Figs. 2–3, or (2) the plurality of component carriers in their entirety, as the claim language literally suggests. For purposes of examination, the latter interpretation is adopted. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Hosseini et al. (US 20210329679 A1, hereafter Hosseini). Regarding Claim 1, Hosseini discloses: A terminal (Fig.12, 1200, scheduled entity, UE) comprising: a communication unit (combination of UE’s hardware and software; See Fig.12 and corresponding descriptions) configured to perform uplink or downlink communication in a frequency band aggregated by carrier aggregation ([0079] The DCI may include a set of information used to schedule a downlink data channel (e.g., physical downlink shared channel (PDSCH)) or an uplink data channel (e.g., a physical uplink shared channel (PUSCH)). [0180] FIG. 12 is a block diagram illustrating an example of a hardware implementation of a scheduled entity 1200; [0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel. [0187] … In some examples, the uplink channel may include two or more component carriers); a reception unit (combination of UE’s hardware and software; See Fig.12 and corresponding descriptions) configured to receive a cancelation indication (uplink cancellation indication (ULCI)) for an uplink signal in downlink (DCI) ([0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel.); and a control unit (combination of UE’s hardware and software; See Fig.12 and corresponding descriptions) configured to assume that, in a case where scheduling is performed in a unit (uplink channel) including a plurality of component carriers (two or more component carriers)) in the aggregated frequency band ([0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel. [0187] … In some examples, the uplink channel may include two or more component carriers), the cancelation indication (ULCI) for the uplink signal is transmitted for each of the plurality of component carriers (each serving cell, each of the set of component carriers) ([0081] The DCI format 2_4 message may provide a scheduled entity with a set of serving cells and a corresponding set of locations for fields in the DCI. As used in this context, a set of serving cells may be understood to mean a set of component carriers. The set of serving cells may identify a primary component carrier and one or more secondary component carriers. For each serving cell, each scheduled entity may be provided with the following cancellation indication (CI): [0082] NCI: a number of bits in the DCI; [0083] BCI: a number of RBs defining a frequency span of the ULCI; [0084] TCI: a number of OFDM symbols, excluding DL symbols, defining a time span of the ULCI; [0085] GCI: a number of OFDM symbol partitions within the TCI OFDM symbols; and [0086] NBI: a number of groups of RBs.) or for the unit including the plurality of component carriers. Regarding Claim 2, Hosseini discloses: wherein the control unit (combination of UE’s hardware and software; See Fig.12 and corresponding descriptions) is configured to determine a frequency resource area to be canceled for each of the plurality of component carriers ([0081] The DCI format 2_4 message may provide a scheduled entity with a set of serving cells and a corresponding set of locations for fields in the DCI. As used in this context, a set of serving cells may be understood to mean a set of component carriers. The set of serving cells may identify a primary component carrier and one or more secondary component carriers. For each serving cell, each scheduled entity may be provided with the following cancellation indication (CI): [0082] NCI: a number of bits in the DCI; [0083] BCI: a number of RBs defining a frequency span of the ULCI; [0084] TCI: a number of OFDM symbols, excluding DL symbols, defining a time span of the ULCI; [0085] GCI: a number of OFDM symbol partitions within the TCI OFDM symbols; and [0086] NBI: a number of groups of RBs.; See also Figs.5-7 and corresponding descriptions) or for the unit including the plurality of component carriers. Regarding Claim 3, Hosseini discloses: wherein the control unit (combination of UE’s hardware and software; See Fig.12 and corresponding descriptions) is configured to determine a time resource area to be canceled for each of the plurality of component carriers ([0081] The DCI format 2_4 message may provide a scheduled entity with a set of serving cells and a corresponding set of locations for fields in the DCI. As used in this context, a set of serving cells may be understood to mean a set of component carriers. The set of serving cells may identify a primary component carrier and one or more secondary component carriers. For each serving cell, each scheduled entity may be provided with the following cancellation indication (CI): [0082] NCI: a number of bits in the DCI; [0083] BCI: a number of RBs defining a frequency span of the ULCI; [0084] TCI: a number of OFDM symbols, excluding DL symbols, defining a time span of the ULCI; [0085] GCI: a number of OFDM symbol partitions within the TCI OFDM symbols; and [0086] NBI: a number of groups of RBs.; See also Figs.5-7 and corresponding descriptions) or for the unit including the plurality of component carriers. Regarding Claim 4, Hosseini discloses: A base station (Fig.8, 800, scheduling entity, base station) comprising: a communication unit (combination of base station’s hardware and software; See Fig.8 and corresponding descriptions) configured to perform communication with a terminal (Fig.12, 1200, scheduled entity, UE) in a frequency band aggregated by carrier aggregation ([0079] The DCI may include a set of information used to schedule a downlink data channel (e.g., physical downlink shared channel (PDSCH)) or an uplink data channel (e.g., a physical uplink shared channel (PUSCH)). [0180] FIG. 12 is a block diagram illustrating an example of a hardware implementation of a scheduled entity 1200; [0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel. [0187] … In some examples, the uplink channel may include two or more component carriers); a transmission unit (combination of base station’s hardware and software; See Fig.8 and corresponding descriptions) configured to transmit a cancelation indication (uplink cancellation indication (ULCI)) for an uplink signal to the terminal ([0151] At block 904, the scheduling entity may transmit an uplink cancellation indication (ULCI), in a second DCI, to the group of scheduled entities identifying at least a portion of the allocated resources that are canceled for use as the uplink channel. For example, the ULCI may identify at least some resource blocks and OFDM symbols in the allocated resources that are canceled for use as the uplink channel. An example of the ULCI and the resource blocks and OFDM symbols recited may be found in FIG. 6 and its related text. For example, the ULCI circuitry 843, the transceiver 814, and the antenna 816 shown and described above in connection with FIG. 8 may provide a means to transmit the ULCI, in the second DCI, to the group of scheduled entities, identifying at least the portion of the allocated resources that are canceled for use as the uplink channel. [0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel.); and a control unit (combination of base station’s hardware and software; See Fig.8 and corresponding descriptions) configured to assume that, in a case where scheduling is performed in a unit (uplink channel) including a plurality of component carriers (two or more component carriers)) in the aggregated frequency band ([0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel. [0187] … In some examples, the uplink channel may include two or more component carriers), the cancelation indication (ULCI) for the uplink signal is transmitted for each of the plurality of component carriers (each serving cell, each of the set of component carriers) ([0081] The DCI format 2_4 message may provide a scheduled entity with a set of serving cells and a corresponding set of locations for fields in the DCI. As used in this context, a set of serving cells may be understood to mean a set of component carriers. The set of serving cells may identify a primary component carrier and one or more secondary component carriers. For each serving cell, each scheduled entity may be provided with the following cancellation indication (CI): [0082] NCI: a number of bits in the DCI; [0083] BCI: a number of RBs defining a frequency span of the ULCI; [0084] TCI: a number of OFDM symbols, excluding DL symbols, defining a time span of the ULCI; [0085] GCI: a number of OFDM symbol partitions within the TCI OFDM symbols; and [0086] NBI: a number of groups of RBs.) or for the unit including the plurality of component carriers. Regarding Claim 5, Hosseini discloses: A communication method (Figs. 5-7, 9-11, 13-14) executed by a terminal (Fig.12, 1200, scheduled entity, UE), the method comprising steps of: performing uplink or downlink communication in a frequency band aggregated by carrier aggregation ([0079] The DCI may include a set of information used to schedule a downlink data channel (e.g., physical downlink shared channel (PDSCH)) or an uplink data channel (e.g., a physical uplink shared channel (PUSCH)). [0180] FIG. 12 is a block diagram illustrating an example of a hardware implementation of a scheduled entity 1200; [0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel. [0187] … In some examples, the uplink channel may include two or more component carriers); receiving a cancelation indication (uplink cancellation indication (ULCI)) for an uplink signal in downlink (DCI) ([0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel.); and assuming that, in a case where scheduling is performed in a unit (uplink channel) including a plurality of component carriers (two or more component carriers)) in the aggregated frequency band ([0182] … In some examples, the communication and processing circuitry 1241 may also be configured to receive and process a message from the scheduling entity, such as a DCI allocating an uplink channel and a ULCI canceling at least a portion of the resources allocated for the uplink channel. [0187] … In some examples, the uplink channel may include two or more component carriers), the cancelation indication (ULCI) for the uplink signal is transmitted for each of the plurality of component carriers (each serving cell, each of the set of component carriers) ([0081] The DCI format 2_4 message may provide a scheduled entity with a set of serving cells and a corresponding set of locations for fields in the DCI. As used in this context, a set of serving cells may be understood to mean a set of component carriers. The set of serving cells may identify a primary component carrier and one or more secondary component carriers. For each serving cell, each scheduled entity may be provided with the following cancellation indication (CI): [0082] NCI: a number of bits in the DCI; [0083] BCI: a number of RBs defining a frequency span of the ULCI; [0084] TCI: a number of OFDM symbols, excluding DL symbols, defining a time span of the ULCI; [0085] GCI: a number of OFDM symbol partitions within the TCI OFDM symbols; and [0086] NBI: a number of groups of RBs.) or for the unit including the plurality of component carriers. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takeda et al. (US 20210314924 A1) also discloses that scheduling is performed in a unit including a plurality of component carriers in the aggregated frequency band (See Figs.4-6 and corresponding descriptions). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moo Ryong Jeong whose telephone number is (571)272-9617. The examiner can normally be reached Monday-Friday 8AM-5PM 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. 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. /Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
Read full office action

Prosecution Timeline

Oct 14, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §102, §112 (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

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+44.2%)
2y 5m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 247 resolved cases by this examiner. Grant probability derived from career allowance rate.

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