Prosecution Insights
Last updated: October 02, 2026
Application No. 18/859,893

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §102§103
Filed
Oct 24, 2024
Priority
Apr 28, 2022 — nonprovisional of PCTJP2022019322
Examiner
NG, CHRISTINE Y
Art Unit
Tech Center
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
610 granted / 736 resolved
+22.9% vs TC avg
Minimal +4% lift
Without
With
+4.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
29 currently pending
Career history
758
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 736 resolved cases

Office Action

§102 §103
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 . 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)(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 7, 10, 11, and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Publication No. 20240275653 to Zhang et al. Referring to claim 7, Zhang et al disclose in Figures 1-15 a terminal (UE) comprising: A receiver (UE transceiver module 230, including a receiver) that receives (step 1515) a configuration of a DMRS for a PUSCH or a PDSCH. Step 1515: BS transmits a DMRS configuration, to UE via a DCI, of a DMRS for a PUSCH (Sections 0023, 0045, 0104, 0109-0111, 0142, 0171, 0194, 0207, 0246, 0249, 0251, and 0252) or a PDSCH (Sections 0021, 0023, 0034, 0198, 0246-0249, 0251-252, 0254, and 0258). The DMRS configuration includes which FD-OCC length should be used for an uplink DMRS port, a DMRS type of type I or type I, a maximum number of continuous DMRS OFDM symbols, a number of the DMRS ports, etc. for a corresponding PUSCH or PDSCH. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Different FD-OCC lengths apply to different uplink DMRS ports according to the DMRS configuration. Sections 0012, 0104, and 0142: UE can also determine the FD-OCC length of uplink DMRS port belong to {2,4} or {2,6}. A processor (UE processor module 236) that controls (step 1550) a length of a FD-OCC applied to the DMRS. Upon receiving the DMRS configuration, UE determines the FD-OCC length to be applied to the DMRS according to the DMRS port. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Wherein when receiving the configuration, the processor applies an FD-OCC having a length of 4 to the DMRS. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Example 3 and Sections 0171-0225: based on the DMRS configuration from BS, the FD-OCC length can have a length of 4, so UE applies an FD-OCC having a length of 4 to the DMRS. Refer to Sections 0089-0277. Referring to claim 10, Zhang et al disclose in Figures 1-15 a radio communication method for a terminal (BS), comprising: Receiving (step 1515, using UE transceiver module 230, including a receiver) a configuration of a DMRS for a PUSCH or a PDSCH. Step 1515: BS transmits a DMRS configuration, to UE via a DCI, of a DMRS for a PUSCH (Sections 0023, 0045, 0104, 0109-0111, 0142, 0171, 0194, 0207, 0246, 0249, 0251, and 0252) or a PDSCH (Sections 0021, 0023, 0034, 0198, 0246-0249, 0251-252, 0254, and 0258). The DMRS configuration includes which FD-OCC length should be used for an uplink DMRS port, a DMRS type of type I or type I, a maximum number of continuous DMRS OFDM symbols, a number of the DMRS ports, etc. for a corresponding PUSCH or PDSCH. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Different FD-OCC lengths apply to different uplink DMRS ports according to the DMRS configuration. Sections 0012, 0104, and 0142: UE can also determine the FD-OCC length of uplink DMRS port belong to {2,4} or {2,6}. Controlling (step 1550, using UE processor module 236) a length of a FD-OCC applied to the DMRS. Upon receiving the DMRS configuration, UE determines the FD-OCC length to be applied to the DMRS according to the DMRS port. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Wherein when the configuration is received, the processor applies an FD-OCC having a length of 4 to the DMRS. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Example 3 and Sections 0171-0225: based on the DMRS configuration from BS, the FD-OCC length can have a length of 4, so UE applies an FD-OCC having a length of 4 to the DMRS. Refer to Sections 0089-0277. Referring to claim 11, Zhang et al disclose in Figures 1-15 a base station (BS) comprising: A transmitter (BS transceiver module 210, including a transmitter) that receives (step 1515) a configuration of a DMRS for a PUSCH or a PDSCH. Step 1515: BS transmits a DMRS configuration, to UE via a DCI, of a DMRS for a PUSCH (Sections 0023, 0045, 0104, 0109-0111, 0142, 0171, 0194, 0207, 0246, 0249, 0251, and 0252) or a PDSCH (Sections 0021, 0023, 0034, 0198, 0246-0249, 0251-252, 0254, and 0258). The DMRS configuration includes which FD-OCC length should be used for an uplink DMRS port, a DMRS type of type I or type I, a maximum number of continuous DMRS OFDM symbols, a number of the DMRS ports, etc. for a corresponding PUSCH or PDSCH. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Different FD-OCC lengths apply to different uplink DMRS ports according to the DMRS configuration. Sections 0012, 0104, and 0142: UE can also determine the FD-OCC length of uplink DMRS port belong to {2,4} or {2,6}. A processor (BS processor module 214) that controls (steps 1515 and 1535) a length of a FD-OCC applied to the DMRS. BS indicates, to UE via the DCI, the FD-OCC length to be applied to the DMRS for the DMRS port. Upon receiving the DMRS configuration, UE determines the FD-OCC length to be applied to the DMRS according to the DMRS port. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Wherein when transmitting the configuration, an FD-OCC having a length of 4 is applied to the DMRS. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Example 3 and Sections 0171-0225: based on the DMRS configuration from BS, the FD-OCC length can have a length of 4, so UE applies an FD-OCC having a length of 4 to the DMRS. Refer to Sections 0089-0277. Referring to claim 12, Zhang et al disclose in Figures 1-15 a system comprising a terminal (UE) and a base station (BS), wherein: The terminal comprises: A receiver (UE transceiver module 230, including a receiver) that receives (step 1515) a configuration of a DMRS for a PUSCH or a PDSCH. Step 1515: BS transmits a DMRS configuration, to UE via a DCI, of a DMRS for a PUSCH (Sections 0023, 0045, 0104, 0109-0111, 0142, 0171, 0194, 0207, 0246, 0249, 0251, and 0252) or a PDSCH (Sections 0021, 0023, 0034, 0198, 0246-0249, 0251-252, 0254, and 0258). The DMRS configuration includes which FD-OCC length should be used for an uplink DMRS port, a DMRS type of type I or type I, a maximum number of continuous DMRS OFDM symbols, a number of the DMRS ports, etc. for a corresponding PUSCH or PDSCH. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Different FD-OCC lengths apply to different uplink DMRS ports according to the DMRS configuration. Sections 0012, 0104, and 0142: UE can also determine the FD-OCC length of uplink DMRS port belong to {2,4} or {2,6}. A processor (UE processor module 236) that controls (step 1550) a length of a FD-OCC applied to the DMRS. Upon receiving the DMRS configuration, UE determines the FD-OCC length to be applied to the DMRS according to the DMRS port. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Wherein when receiving the configuration, the processor applies an FD-OCC having a length of 4 to the DMRS. Example 3 and Section 0171: “The UE may determine that the FD-OCC length of uplink DMRS port belongs to {2,4}. Which FD-OCC should be adopted for one uplink DMRS port may be informed by DCI. The UE may adopt the determined FD-OCC length to transmit DMRS of PUSCH, or transmit DMRS of PUSCH.”. Example 3 and Sections 0171-0225: based on the DMRS configuration from BS, the FD-OCC length can have a length of 4, so UE applies an FD-OCC having a length of 4 to the DMRS. Refer to Sections 0089-0277. The base station comprises: A transmitter (BS transceiver module 210, including a transmitter) that transmits (step 1515) the configuration. Step 1515: BS transmits the DMRS configuration to UE via the DCI. Refer to Sections 0089-0277. 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. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20240275653 to Zhang et al in view of U.S. Publication No. 20200137745 to Bachu et al, and in further view of U.S. Publication No. 20230209541 to He et al. Zhang et al do not disclose wherein the DMRS for the PUSCH or the PDSCH has a plurality of configuration types, and separate capabilities … for the plurality of configuration types. Bachu et al disclose in Figures 1-11, Table 2, and Section 0057 wherein there are a plurality of PUSCH DMRS configuration types and a plurality of PDSCH DMRS configuration types. Table 2 indicates which PUSCH DMRS configuration types and a plurality of PDSCH DMRS configuration type is supported, wherein a “0” indicates Type 1 of PUSCH DMRS configuration or PUSCH DMRS configuration type, and a “1” indicates Type 2 of PUSCH DMRS configuration or PUSCH DMRS configuration type (claimed “separate capabilities … for the plurality of configuration types”; wherein “0” and “1” read on the claimed “separate capabilities” since each indicate a different PDSCH or PUSCH configuration type ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the DMRS for the PUSCH or the PDSCH has a plurality of configuration types, and separate capabilities … for the plurality of configuration types. One would have been motivated to do so to support a plurality of PUSCH DMRS configuration types to facilitate uplink transmission and a plurality of PDSCH DMRS configuration types to facilitate downlink transmission. Zhang et al and Bachu et al do not disclose wherein the DMRS for the PUSCH or the PDSCH has a plurality of configuration types, and separate capabilities are reported for the plurality of configuration types. He et al disclose in Figures 1-12 and Sections 0039 and 0131 wherein UE indicates different capabilities through different PUSCH DMRS configurations. UE determines the PUSCH DMRS configuration corresponding to the capability of the UE according to the configuration information of the resource of the PUSCH DMRS. Refer to Sections 0027-0213. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the DMRS for the PUSCH or the PDSCH has a plurality of configuration types, and separate capabilities are reported for the plurality of configuration types. One would have been motivated to do so since different PUSCH DMRS configuration support different capabilities to be reported by UE. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20240275653 to Zhang et al in view of U.S. Publication No. 20250247187 to Muruganathan et al (support found in Provisional Application No. 63328224). Zhang et al do not disclose wherein when the FD-OCC having the length of 4 is applied to the DMRS, the processor does not assume that a PUSCH or a PDSCH with an odd number of PRBs is scheduled. Muruganathan et al disclose in Figures 1-36, Tables 6-7, and Sections 0143, 0182, 0196, and 0222 wherein an FD-OCC length of 4 is applied to a DMRS on a PUSCH or PDSCH for scheduled blocks of an odd number of contiguous PRBs. Sections 0153, 0155, and 0158: However, UE does not expect to be scheduled with RBGs containing an odd number of PRBs for scheduling PDSCH; for example: if the first RBG or the last RBG has an odd number of PRBs, then these two RBGs are not expected to be allocated when scheduling PDSCH. Refer to Sections 0075-0430. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein when the FD-OCC having the length of 4 is applied to the DMRS, the processor does not assume that a PUSCH or a PDSCH with an odd number of PRBs is scheduled. One would have been motivated to do so so that when the FD-OCC having the length of 4 is applied to the DMRS, a PUSCH or a PDSCH with an odd number of PRBs does not have to be scheduled, and can instead use an even number of PRBs, thereby increasing flexibility. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Publication No. 20220295529 to Si et al disclose in Figures 1-17 and Sections 0137-0170 wherein two types of DM-RS configurations for PDSCH are supported: in Type-1 DM-RS configuration, 6 REs with uniform interval within an RB are mapped for DM-RS sequence, which is further applied with length-2 FD-OCC; in Type-2 DM-RS configuration, 4 REs with every two in a group within an RB are mapped for DM-RS sequence, which is further applied with length-2 FD-OCC. Refer to Sections 0027-0239. U.S. Publication No. 20210014011 to Xiong et al disclose in Figures 1-19 and Sections 0634-0651 wherein a DMRS configuration information includes the number of DMRS ports, indexes of DMRS ports, and DMRS sequence indexes available on one PUSCH time-frequency resource unit; and DMRS port configuration information; wherein a FD-OCC length can be applied to a DMRS. Refer to Sections 0093-0708. U.S. Publication No. 20230188294 to Qu et al disclose in Figures 1-11 and Sections 0110-0154 wherein the micro site configures the UE to include a DMRS in an uplink PUSCH and obtains an interference covariance matrix through measurement based on the DMRS sent by the UE; each CDM group supports a FD-OCC sequence whose length is 4, so that each CDM group includes four orthogonal DMRS ports. Refer to Sections 0093-0247. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE Y NG whose telephone number is (571)272-3124. The examiner can normally be reached M-F 12pm-9pm. 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, Ricky Ngo can be reached at 5712723139. 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. /Christine Ng/ Examiner, AU 2464 August 6, 2026
Read full office action

Prosecution Timeline

Oct 24, 2024
Application Filed
Aug 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12739769
INFORMATION INDICATION METHOD AND APPARATUS
3y 9m to grant Granted Sep 15, 2026
Patent 12726258
FLIGHT VEHICLE, COMMUNICATION MANAGEMENT SYSTEM, CONTROL SYSTEM, AND CONTROL METHOD
3y 3m to grant Granted Sep 01, 2026
Patent 12719652
METHOD FOR DETERMINING BEAM APPLICATION TIME, APPARATUS FOR DETERMINING BEAM APPLICATION TIME, AND COMMUNICATION DEVICE
2y 9m to grant Granted Aug 25, 2026
Patent 12713442
PDCCH ENHANCEMENTS FOR RADAR COEXISTENCE
3y 3m to grant Granted Aug 18, 2026
Patent 12713374
SIGNALING OF ASSISTANCE INFORMATION FOR SENSING ENTITIES
3y 1m to grant Granted Aug 18, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
87%
With Interview (+4.4%)
3y 1m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 736 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month