Prosecution Insights
Last updated: October 02, 2026
Application No. 18/873,928

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §103
Filed
Dec 11, 2024
Priority
Jun 20, 2022 — nonprovisional of PCTJP2022024530
Examiner
DAYA, TEJIS A
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
505 granted / 591 resolved
+27.4% vs TC avg
Minimal +2% lift
Without
With
+1.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
28 currently pending
Career history
614
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
10.8%
-29.2% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 591 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The instant application No. 18873928 has claims 1-6 are pending. 2 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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 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 claims limitation(s) is/are: “receiving section that receives first configuration…”, “control section that controls….” in claims 1-4 and “transmitting section that transmits….” and “control section that indicates….” In claim 6. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 1-2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Mildh et al. (Pub. No. US 2014/0023016 A1; hereinafter Mildh) in view of Shih et al. (Pub. No. US 2021/0099924 A1; hereinafter Shih). Regarding claim 1 and 5, Mildh discloses a terminal comprising: a receiving section (inherent the terminal has receiver in order to receive signals) that receives first configuration information and second configuration information, (20140023016-See 0053, a configuration would be a configuration having three individual PCCs and one shared carrier used as SCC for all PLMNs; See 0066, the eNB 404 sends S-430 a RRC connection reconfiguration message for configuration of PCC and SCC to the UE 402) the second configuration information related to a second cell; (See 0066, the eNB 404 sends S-430 a RRC connection reconfiguration message for configuration of PCC and SCC to the UE 402; See 0055, User Equipments supporting carrier aggregation would camp on the PCC of the operator to which each UE has a subscription with. The base station may be further configured to transmit data to these UEs both on the PCC and SCC; See 0095, the base station supporting network sharing using carrier aggregation could be configured with policies from base station settings governing under what conditions it is allowed for a UE belonging to one operator or PLMN to use resources associated with another operator or PLMN) and a control section that controls, (inherent the terminal has a processor to process signals) based on the first configuration information and the second configuration information, at least one of transmission and reception of a first signal in the first cell and a second signal in the second sell, (See 0055, User Equipments supporting carrier aggregation would camp on the PCC of the operator to which each UE has a subscription with. The base station may be further configured to transmit data to these UEs both on the PCC and SCC; See 0018, sending downlink data on said SCC and/or receiving uplink data on said SCC, subsequent to the sending a resource configuration message.) wherein the second cell is a cell that uses a second frequency shared by a plurality of operators or a cell that uses a second frequency dedicated to one operator. (20140023016-See 0053, a configuration would be a configuration having three individual PCCs and one shared carrier used as SCC for all PLMNs.) However, Mildh fails to disclose the first configuration information related to a first cell that uses a first frequency shared by a plurality of operators Shih disclose the first configuration information related to a first cell that uses a first frequency shared by a plurality of operators (20210099924-See 0058, The UE may acquire the Cell ID of a cell by acquiring the information in the SIB1 of the cell. The SIB1 of a cell may include information related to cell access (e.g., CellAccessRelatedInfo IE). The information related to cell access may include a list of PLMN-specific information (e.g., a list of PLMN-IdentityInfo IEs); A PLMN group may include at least one PLMN. PLMN-specific information may include a list of PLMMN ID(s), at least one TAC, at least one RANAC, and/or at least one Cell ID for a set of PLMN(s) (e.g., PLMN group) identified by the list of PLMN ID(s); See 0041, public PLMNs may support more deployment scenarios (e.g., carrier aggregation between licensed band NR (as a PCell)); Public PLMNs may own the licensed spectrum and support the RAT on the licensed spectrum as well; interpreted the UE receives a configuration with a pcell that is shared with plurality of PLMN) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify transmitting configuration information to the UE to include one of configuration information utilizing sharing a pcell with multiple plmn. The motivation to combine is CA sharing of a cell with different PLMNs via MOCN or INS delivers cost efficiency, better coverage, and seamless user experience while keeping each operator’s network independent. Regarding claim 2, Mildh discloses the control section assumes that at least one of transmission and reception of a specific signal out of the first signal is not performed in the first cell. (See 0069, eNB 404 may now use the additional available resources on carrier belonging to other operators, and send downlink data on said SCC and/or receive uplink data on said SCC, through which the increase peak-rate) Regarding claim 4, Mildh discloses the receiving section receives a higher layer parameter related to at least one of scheduling of the first signal and scheduling of the second signal, (20140023016-See 0067, The eNB 404 may now send S-438 a RRC scheduling assignment on PCC and/or SCC for resource allocation on SCC. This scheduling assignment may be either an uplink and/or a downlink scheduling assignment.) However, Mildh fails to disclose the higher layer parameter is associated with an ID related to a Public Land Mobile Network (PLMN). Shih disclose the higher layer parameter is associated with an ID related to a Public Land Mobile Network (PLMN). (See 0078, disclose the higher layer parameter is associated with an ID related to a Public Land Mobile Network (PLMN); See 0081, he PLMN information in the White List(s) may be represented by PLMN IDs.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify transmitting configuration information to the UE to include one of configuration information utilizing sharing a pcell with multiple plmn. The motivation to combine is CA sharing of a cell with different PLMNs via MOCN or INS delivers cost efficiency, better coverage, and seamless user experience while keeping each operator’s network independent. Regarding claim 6, Mildh discloses a base station comprising: a transmitting section (See 0019, transceiver) that transmits at least one of first configuration information and second configuration information , (20140023016-See 0053, a configuration would be a configuration having three individual PCCs and one shared carrier used as SCC for all PLMNs.) the second configuration information related to a second cell; anda control section (See 0019, processor) that indicates, using the first configuration information and the second configuration information, (See 0066, the eNB 404 sends S-430 a RRC connection reconfiguration message for configuration of PCC and SCC to the UE 402; See 0055, User Equipments supporting carrier aggregation would camp on the PCC of the operator to which each UE has a subscription with. The base station may be further configured to transmit data to these UEs both on the PCC and SCC; See 0095, the base station supporting network sharing using carrier aggregation could be configured with policies from base station settings governing under what conditions it is allowed for a UE belonging to one operator or PLMN to use resources associated with another operator or PLMN) at least one of transmission and reception of a first signal in the first cell and a second signal in the second sell, (See 0055, User Equipments supporting carrier aggregation would camp on the PCC of the operator to which each UE has a subscription with. The base station may be further configured to transmit data to these UEs both on the PCC and SCC; See 0018, sending downlink data on said SCC and/or receiving uplink data on said SCC, subsequent to the sending a resource configuration message.) wherein the second cell is a cell that uses a second frequency shared by a plurality of operators or a cell that uses a second frequency dedicated to one operator. (20140023016-See 0053, a configuration would be a configuration having three individual PCCs and one shared carrier used as SCC for all PLMNs.) However, Mildh fails to disclose the first configuration information related to a first cell that uses a first frequency shared by a plurality of operators Shih disclose the first configuration information related to a first cell that uses a first frequency shared by a plurality of operators (20210099924-See 0058, The UE may acquire the Cell ID of a cell by acquiring the information in the SIB1 of the cell. The SIB1 of a cell may include information related to cell access (e.g., CellAccessRelatedInfo IE). The information related to cell access may include a list of PLMN-specific information (e.g., a list of PLMN-IdentityInfo IEs); A PLMN group may include at least one PLMN. PLMN-specific information may include a list of PLMMN ID(s), at least one TAC, at least one RANAC, and/or at least one Cell ID for a set of PLMN(s) (e.g., PLMN group) identified by the list of PLMN ID(s); See 0041, public PLMNs may support more deployment scenarios (e.g., carrier aggregation between licensed band NR (as a PCell)); Public PLMNs may own the licensed spectrum and support the RAT on the licensed spectrum as well; interpreted the UE receives a configuration with a pcell that is shared with plurality of PLMN) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify transmitting configuration information to the UE to include one of configuration information utilizing sharing a pcell with multiple plmn. The motivation to combine is CA sharing of a cell with different PLMNs via MOCN or INS delivers cost efficiency, better coverage, and seamless user experience while keeping each operator’s network independent. Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mildh in view of Shih and, further in view of Damnjanovic et al. (Pub. No. US 2013/0028205 A1; hereinafter Damnjanovic) Regarding claim 3, Mildh in view of Shih fails to disclose the receiving section receives, in the second cell, indication information scheduling the first signal or receives, in the first cell, indication information scheduling the second signal. Damnjanovic discloses the receiving section receives, in the second cell, indication information scheduling the first signal or receives, in the first cell, indication information scheduling the second signal. (20130028205-See 0123, he first CC may be a PCC and the second CC may be an SCC for the UE. The eNB may send a downlink grant on the first CC to schedule the UE for data transmission on the second CC (block 1114).) 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 configuration of the pcc and scc to include the configuration of the SCC is send on the PCC. The motivation to combine is scheduling SCCs in coordination with PCC allows operators to deliver higher, more consistent data rates while maintaining QoS and mobility robustness. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. (Pub. No. US 2012/0057560 A1)-See 0056, A plurality of carriers (CCs) used for carrier aggregation can be classified into Primary Component Carriers (PCCs) and Secondary Component Carriers (SCCs). The PCCs refer to carriers used for exchanging traffic and control signaling between a BS and a UE. Control signaling may include addition of CCs, configuration of PCCs, configuration of Discontinuous Reception (DRX), UL or DL assignment, etc. Although a BS may use a plurality of CCs, a UE belonging to the BS may be assigned only one PCC. If the UE operates in single carrier mode, a PCC is used. Accordingly, the PCCs should be configured to satisfy all requirements necessary for exchange of data and control signaling between a BS and a UE so as to be independently used. Malladi et al. (Pub. No. US 2014/0086078 A1)-See 0098, , the uplink:downlink configuration for each TDD CC may be semi-static. In another design, the uplink:downlink configuration for each TDD CC may be dynamically changed. The uplink:downlink configuration for the PCC may be changed with coordination between neighbor cells such that these cells use the same uplink:downlink configuration for the PCC and can mitigate inter-cell interference. The uplink:downlink configuration for each SCC may be changed autonomously by each cell without informing other cells. For example, the UL:DL configuration may change based on an interference report or based on the traffic requirement, i.e., the number of DL and UL subframes needed. Alternatively, a cell may coordinate with other cells prior to changing an uplink:downlink configuration of an SCC for the cell in order to mitigate interference and improve performance. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEJIS DAYA whose telephone number is (571)270-7817. The examiner can normally be reached 6:30-4:30. 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, Nicholas Jensen can be reached at 571-270-5443. 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. /Tejis Daya/Primary Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Dec 11, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
87%
With Interview (+1.6%)
2y 4m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 591 resolved cases by this examiner. Grant probability derived from career allowance rate.

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