Prosecution Insights
Last updated: July 17, 2026
Application No. 18/857,405

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Final Rejection §103
Filed
Oct 16, 2024
Priority
Apr 19, 2022 — nonprovisional of PCTJP2022018205
Examiner
PEREZ, JAMES M
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
619 granted / 691 resolved
+27.6% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
14 currently pending
Career history
706
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
48.9%
+8.9% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
19.8%
-20.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 691 resolved cases

Office Action

§103
DETAILED ACTION This action is responsive to the amendments filed on 3/11/2026. Currently, claims 7-11 are pending. The present application, filed on or after March 16, 20123, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments with respect to claim(s) 7-11 have been considered but are moot due to the new ground of rejection using Choi et al. (US 2021/0036825: previously cited) in view of newly discovered reference Davydov et al. (US 2023/0179269). Note that the new ground of rejection is necessitated by Applicant’s claim amendment(s) filed on 3/11/2026, since Applicant’s claim amendments add new limitations that were not previously presented and thus require new search and consideration by the Examiner. The specific rationale of the new prior art rejection (under 35 U.S.C. 103) for claims 7-11 are each stated later in this Office Action (all of which is incorporated by reference into this section of this Office Action). More specifically, in regards to claims 7-11, the Examiner’s response to Applicant’s directed to the merits of the Choi et al. reference as well as the rationale of the new/updated prior art rejections are stated below: With regards to claims 7, 9, 10, and 11; Choi teaches a system (see figs. 15-20, where at least figure 17 discloses a communication system including a base station (BS) 1710 and User Equipment (UE, a.k.a. terminal) 1720. Figure 16 discloses the steps/functions of the BS and figure 15 discloses the steps/functions of the UE. Note that the method steps are implemented as functions of the cited hardware) comprising a terminal device (and a radio communication method for a/the terminal) and a base station (see figs. 15-20, where at least figure 17 discloses a communication system including a base station (BS) 1710 and User Equipment (UE, a.k.a. terminal) 1720. Figure 16 discloses the steps/functions of the BS and figure 15 discloses the steps/functions of the UE; including wireless RF communications. Note that the method steps are implemented as functions of the cited hardware), wherein the terminal (previously addressed) comprises (addressed below): a processor (figs. 15-20, see at least figure 17 (and/or figs. 18-20) which discloses the UE includes at least one processor (e.g. 1721) that implements the steps/functions of the invention of Choi, e.g. see [0309-0319]) that determines a cyclic shift based on whether cyclic shift hopping is applied or not (figs. 15-20: see [0145-0156] which address the overall SRS generation and configurations (including the “SRS-CyclicShiftConfig” aspects/values [0149]), where more specifically [0151] discloses when a particular variable equal to zero then ‘sequence group hopping’ and the ‘sequence hopping’ are ‘not used’ (i.e. not applied), where the other paragraphs addressed various situations when they various hopping are applied, which further connects to the implemented SRS Frequency Hopping using a hopping pattern [0157-0160] and Cyclic Shift (CS) hopping of the SRS starting in paragraph [0163-0165]. Also see [0232] which states “UE and/or the base station may be configured not to use a CS hopping pattern (or CS hopping pattern for existing SRS) for the existing PUCCH”. Where the Examiner notes that the cyclic shift of the SRS is still determined, but process changes depending upon the selected/applicable variables and scenarios), and generates a sounding reference signal (SRS) sequence by applying the cyclic shift to a base sequence (previously addressed and/or readily apparent); and a transmitter (figs. 15-20: see at least figures 17+15+18 (and/or figs. 19-20) which discloses the UE includes at least one RF unit (e.g. 1723) that transmits the generated SRS to the BS, based on the determined/generated SRS sequence and parameters/variables, see [0309-0319]) that transmits an SRS based on the SRS sequence (previously addressed and/or readily apparent), wherein when the cyclic shift hopping is applied (previously addressed and/or readily apparent), the processor randomizes the SRS sequence based on a symbol number in a radio frame for an SRS resource used for transmission of the SRS (figs. 15-20: where [0163-0168] and [0196-0210], which specifically addressed different configurations for the SRS when CS hopping is implemented. Where the generated SRS sequence is based on the slot index and symbol number/index/level and OFDM symbol number are used as variables within the various equations; all within a particular radio frame, see [0164+0165+0167+0168] as well as [0197-0210]. Furthermore, [0196] states the purpose of “randomization improvement of SRS transmission” in regards to the “CS hopping pattern”. Also phrases “SRS resources” and “SRS resource sets” are addressed throughout the reference, e.g. see [0197], which are further stated configured. The remaining limitations were previously addressed and/or are readily apparent), and the base station (previously addressed) comprises (addressed below): a processor that configures whether the cyclic shift hopping is applied or not (figs. 15-20, see at least figure 17 (and/or figs. 18-20) which discloses the BS includes at least one processor (e.g. 1711) that implements the steps/functions of the invention of Choi, e.g. see [0309-0319]. Including the BS/processor determining all of the configuration variables for the future uplink SRS (transmitted in the future by the UE to the BS) as shown by figure 16 [Wingdings font/0xE0] S1605 and S1610; see [0298-0323]. Additionally but not exclusively, these concepts are also addressed by figure 15 (which is the steps/functions of the UE) which receive the configuration information/variables from the BS, then later the UE implements the specific configuration (signalled by the BS) to generate and transmit the uplink SRS signal back to the BS; including ‘whether CS hopping is applied or not’ (which was previously addressed)); and a receiver (figs. 15-20: see at least figures 17+16+19 (and/or figs. 18-20) which discloses the BS includes at least one RF unit (e.g. 1713) that receives the generated/transmitted SRS sent from the UE, based on the determined/generated SRS sequence and parameters/variables, see [0309-0319]) that receives the SRS (previously addressed and/or readily apparent). Additionally the Examiner notes each SRS sequence is explicitly stated to be a pseudo-random sequence by default (e.g. see [0154-0156]), where logically each default SRS includes (pseudo) randomization properties (supplemental to the rationale of the rejection above). Where later paragraph [0196] address randomization improvements (as compared with the earlier already randomized SRS(s) with CS hopping pattern(s)) for each SRS specifically adds/improves randomization for interference between cells via updated Cyclic Shift (CS) hopping pattern. Where paragraph [0196] states “[0196] For randomization improvement of SRS transmission interference between cells, a method may be considered which generates or defines a CS hopping pattern for port allocation of SRS resources separately from the existing considered CS hopping pattern for PUCCH transmission”. Where later paragraphs and equations, implementing the ‘randomization improvement of the SRS via the CS hopping pattern’ (e.g. see [0197-0210]) explicitly use the symbol index/number and slot index/number in defining the CS hopping pattern of the SRS (within the radio frame as previously addressed). Limitation 1 (below) Choi is silent to explicitly disclosing “and wherein the SRS sequence comprises a low peak-to-average power ratio (PAPR) sequence”. However, secondary reference Davydov is also directed to SRS sequences and paragraph [0116] states “[0116] Similar to DMRS Type 1, SRS also supports a regular (comb) structure. To achieve low overhead, SRS can be transmitted on every second, fourth, or eighth subcarrier in the OFDM symbol. SRS uses the same low PAPR sequence as DMRS for the DFT-s-OFDM waveform, where up to 12 different time-domain cyclic shifts of the sequence are used to define multiple orthogonal SRS ports. SRS can be transmitted periodically or triggered by the base station, which provides the means to reduce the SRS overhead by transmitting SRS only when needed.” Where [0114+0115] both address that the DMRS sequence(s) are each pseudo-random sequences (as applicable to DMRS type 1 and by extension the SRS sequence(s) as stated in [0116], above). Moreover, paragraph [0105] states “[0105] In some embodiments, two types of reference signals, SRS and DMRS may be used in the disclosed techniques. SRS is a low-density signal providing CSI information to the BS receiver to assist uplink scheduling and link adaptation procedures. The purpose of DMRS is coherent detection of the data channel and—in contrast to the SRS—has higher density to enable more accurate CSI at the receiver. For the Cyclic Prefix (CP)-OFDM waveform, DMRS is QPSK-modulated using pseudo-random sequences derived from the Gold code of length 31. In the case of the Discrete Fourier Transform Spread (DFT-s)-OFDM waveform (supported by 5G NR in the uplink only), Zadoff-Chu (ZC) sequences are used to generate the DMRS signal with small power variations in time and frequency. To achieve inter-cell interference randomization, the DMRS sequences in different cells are non-orthogonal. However, DMRS transmitted by users in the same cell are typically orthogonal to protect DMRS from strong multi-user interference during CSI estimation”. Therefore, in view of the cited teachings of Davydov (above), 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 invention and SRS sequence(s) of Choi (as previously addressed) to ‘including/use a/the SRS sequence comprises a low peak-to-average power ratio (PAPR) sequence’ as disclosed by Davydov (addressed supra) in order to yield the corresponding disclosed advantages of reduced PAPR, and/or achieve lower inter-cell interference (via CS and randomization), and/or reduce SRS overhead (see Davydov: [0105+0116]). Where at least the cited merits of Davydov show evidence that one of ordinary skill in the art before the effective filing date of the claimed invention would have a reasonable expectation for success in regards to the combining/modification of the cited references. With regards to claim 8, Choi as modified supra teaches the limitations of claim 7 above. Choi as modified supra teaches wherein when a radio resource control (RRC) parameter related to the cyclic shift hopping is configured (Choi: figs. 15-20: note that the ‘higher layer signalling’ for configuration of the SRS parameters (including but not limited the configuration CS hopping if selected to be implemented) stated throughout the reference may specifically be RRC parameters/signalling, e.g. [0158], [0216], [0241] as well as [0299+0310+0322]), the processor applies randomization of the SRS sequence (these limitations were previously addressed and/or are readily apparent). 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. Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2021/0036825: previously cited: hereinafter “Choi”) further in view of Davydov et al. (US 2023/0179269: hereinafter “Davydov”). With regards to claims 7, 9, 10, and 11; Choi teaches a system (see figs. 15-20, where at least figure 17 discloses a communication system including a base station (BS) 1710 and User Equipment (UE, a.k.a. terminal) 1720. Figure 16 discloses the steps/functions of the BS and figure 15 discloses the steps/functions of the UE. Note that the method steps are implemented as functions of the cited hardware) comprising a terminal device (and a radio communication method for a/the terminal) and a base station (see figs. 15-20, where at least figure 17 discloses a communication system including a base station (BS) 1710 and User Equipment (UE, a.k.a. terminal) 1720. Figure 16 discloses the steps/functions of the BS and figure 15 discloses the steps/functions of the UE; including wireless RF communications. Note that the method steps are implemented as functions of the cited hardware), wherein the terminal (previously addressed) comprises (addressed below): a processor (figs. 15-20, see at least figure 17 (and/or figs. 18-20) which discloses the UE includes at least one processor (e.g. 1721) that implements the steps/functions of the invention of Choi, e.g. see [0309-0319]) that determines a cyclic shift based on whether cyclic shift hopping is applied or not (figs. 15-20: see [0145-0156] which address the overall SRS generation and configurations (including the “SRS-CyclicShiftConfig” aspects/values [0149]), where more specifically [0151] discloses when a particular variable equal to zero then ‘sequence group hopping’ and the ‘sequence hopping’ are ‘not used’ (i.e. not applied), where the other paragraphs addressed various situations when they various hopping are applied, which further connects to the implemented SRS Frequency Hopping using a hopping pattern [0157-0160] and Cyclic Shift (CS) hopping of the SRS starting in paragraph [0163-0165]. Also see [0232] which states “UE and/or the base station may be configured not to use a CS hopping pattern (or CS hopping pattern for existing SRS) for the existing PUCCH”. Where the Examiner notes that the cyclic shift of the SRS is still determined, but process changes depending upon the selected/applicable variables and scenarios), and generates a sounding reference signal (SRS) sequence by applying the cyclic shift to a base sequence (previously addressed and/or readily apparent); and a transmitter (figs. 15-20: see at least figures 17+15+18 (and/or figs. 19-20) which discloses the UE includes at least one RF unit (e.g. 1723) that transmits the generated SRS to the BS, based on the determined/generated SRS sequence and parameters/variables, see [0309-0319]) that transmits an SRS based on the SRS sequence (previously addressed and/or readily apparent), wherein when the cyclic shift hopping is applied (previously addressed and/or readily apparent), the processor randomizes the SRS sequence based on a symbol number in a radio frame for an SRS resource used for transmission of the SRS (figs. 15-20: where [0163-0168] and [0196-0210], which specifically addressed different configurations for the SRS when CS hopping is implemented. Where the generated SRS sequence is based on the slot index and symbol number/index/level and OFDM symbol number are used as variables within the various equations; all within a particular radio frame, see [0164+0165+0167+0168] as well as [0197-0210]. Furthermore, [0196] states the purpose of “randomization improvement of SRS transmission” in regards to the “CS hopping pattern”. Also phrases “SRS resources” and “SRS resource sets” are addressed throughout the reference, e.g. see [0197], which are further stated configured. The remaining limitations were previously addressed and/or are readily apparent), and the base station (previously addressed) comprises (addressed below): a processor that configures whether the cyclic shift hopping is applied or not (figs. 15-20, see at least figure 17 (and/or figs. 18-20) which discloses the BS includes at least one processor (e.g. 1711) that implements the steps/functions of the invention of Choi, e.g. see [0309-0319]. Including the BS/processor determining all of the configuration variables for the future uplink SRS (transmitted in the future by the UE to the BS) as shown by figure 16 [Wingdings font/0xE0] S1605 and S1610; see [0298-0323]. Additionally but not exclusively, these concepts are also addressed by figure 15 (which is the steps/functions of the UE) which receive the configuration information/variables from the BS, then later the UE implements the specific configuration (signalled by the BS) to generate and transmit the uplink SRS signal back to the BS; including ‘whether CS hopping is applied or not’ (which was previously addressed)); and a receiver (figs. 15-20: see at least figures 17+16+19 (and/or figs. 18-20) which discloses the BS includes at least one RF unit (e.g. 1713) that receives the generated/transmitted SRS sent from the UE, based on the determined/generated SRS sequence and parameters/variables, see [0309-0319]) that receives the SRS (previously addressed and/or readily apparent). Additionally the Examiner notes each SRS sequence is explicitly stated to be a pseudo-random sequence by default (e.g. see [0154-0156]), where logically each default SRS includes (pseudo) randomization properties (supplemental to the rationale of the rejection above). Where later paragraph [0196] address randomization improvements (as compared with the earlier already randomized SRS(s) with CS hopping pattern(s)) for each SRS specifically adds/improves randomization for interference between cells via updated Cyclic Shift (CS) hopping pattern. Where paragraph [0196] states “[0196] For randomization improvement of SRS transmission interference between cells, a method may be considered which generates or defines a CS hopping pattern for port allocation of SRS resources separately from the existing considered CS hopping pattern for PUCCH transmission”. Where later paragraphs and equations, implementing the ‘randomization improvement of the SRS via the CS hopping pattern’ (e.g. see [0197-0210]) explicitly use the symbol index/number and slot index/number in defining the CS hopping pattern of the SRS (within the radio frame as previously addressed). Limitation 1 (below) Choi is silent to explicitly disclosing “and wherein the SRS sequence comprises a low peak-to-average power ratio (PAPR) sequence”. However, secondary reference Davydov is also directed to SRS sequences and paragraph [0116] states “[0116] Similar to DMRS Type 1, SRS also supports a regular (comb) structure. To achieve low overhead, SRS can be transmitted on every second, fourth, or eighth subcarrier in the OFDM symbol. SRS uses the same low PAPR sequence as DMRS for the DFT-s-OFDM waveform, where up to 12 different time-domain cyclic shifts of the sequence are used to define multiple orthogonal SRS ports. SRS can be transmitted periodically or triggered by the base station, which provides the means to reduce the SRS overhead by transmitting SRS only when needed.” Where [0114+0115] both address that the DMRS sequence(s) are each pseudo-random sequences (as applicable to DMRS type 1 and by extension the SRS sequence(s) as stated in [0116], above). Moreover, paragraph [0105] states “[0105] In some embodiments, two types of reference signals, SRS and DMRS may be used in the disclosed techniques. SRS is a low-density signal providing CSI information to the BS receiver to assist uplink scheduling and link adaptation procedures. The purpose of DMRS is coherent detection of the data channel and—in contrast to the SRS—has higher density to enable more accurate CSI at the receiver. For the Cyclic Prefix (CP)-OFDM waveform, DMRS is QPSK-modulated using pseudo-random sequences derived from the Gold code of length 31. In the case of the Discrete Fourier Transform Spread (DFT-s)-OFDM waveform (supported by 5G NR in the uplink only), Zadoff-Chu (ZC) sequences are used to generate the DMRS signal with small power variations in time and frequency. To achieve inter-cell interference randomization, the DMRS sequences in different cells are non-orthogonal. However, DMRS transmitted by users in the same cell are typically orthogonal to protect DMRS from strong multi-user interference during CSI estimation”. Therefore, in view of the cited teachings of Davydov (above), 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 invention and SRS sequence(s) of Choi (as previously addressed) to ‘including/use a/the SRS sequence comprises a low peak-to-average power ratio (PAPR) sequence’ as disclosed by Davydov (addressed supra) in order to yield the corresponding disclosed advantages of reduced PAPR, and/or achieve lower inter-cell interference (via CS and randomization), and/or reduce SRS overhead (see Davydov: [0105+0116]). Where at least the cited merits of Davydov show evidence that one of ordinary skill in the art before the effective filing date of the claimed invention would have a reasonable expectation for success in regards to the combining/modification of the cited references. With regards to claim 8, Choi as modified supra teaches the limitations of claim 7 above. Choi as modified supra teaches wherein when a radio resource control (RRC) parameter related to the cyclic shift hopping is configured (Choi: figs. 15-20: note that the ‘higher layer signalling’ for configuration of the SRS parameters (including but not limited the configuration CS hopping if selected to be implemented) stated throughout the reference may specifically be RRC parameters/signalling, e.g. [0158], [0216], [0241] as well as [0299+0310+0322]), the processor applies randomization of the SRS sequence (these limitations were previously addressed and/or are readily apparent). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and are cited in the attached PTO-892 form. 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 James M. Perez, telephone number (571)270-3231. The examiner can normally be reached Monday through Friday: 10am to 6pm 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David C. Payne can be reached at (571)272-3024. 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. /JAMES M PEREZ/Primary Examiner, Art Unit 2635 5/22/2026
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Prosecution Timeline

Oct 16, 2024
Application Filed
Oct 03, 2025
Response after Non-Final Action
Dec 12, 2025
Non-Final Rejection mailed — §103
Mar 11, 2026
Response Filed
May 28, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
99%
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