Prosecution Insights
Last updated: October 02, 2026
Application No. 18/876,487

TERMINAL AND COMMUNICATION METHOD

Non-Final OA §102§103
Filed
Dec 18, 2024
Priority
Jun 28, 2022 — nonprovisional of PCTJP2022025848
Examiner
WYCHE, MYRON
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
723 granted / 851 resolved
+23.0% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
14 currently pending
Career history
856
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
63.0%
+23.0% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 851 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 18 December 2024 and 13 July 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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)(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 and 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Application Publication No. 20200195414 (Nguyen et al). Regarding claim 1, Nguyen et al. discloses: “a terminal (FIG. 6: 602; [0087]: “The apparatus 602 may be a device, e.g., a UE, an RSU, or a base station, that may be capable of transmitting and receiving based on two different RATs”) comprising: a communication unit configured to perform transmission and reception in a first RAT (Radio Access Technology) (FIG. 6: 602, 604, 606; [0087]: “The apparatus comprises a reception component 604 configured to receive”; “The apparatus 602 includes a transmission component 606 configured to transmit”); and a control unit configured to control communications in the first RAT (FIG. 6: 602, 608; [0087]: ”The apparatus 602 includes a first RAT component 608 that is configured to receive communication and transmit communication with device 650, e.g., based on the first RAT”), wherein the control unit does not support a function related to dynamic resource sharing ([0058]: “LTE V2X communication and NR V2X communication may be configured in a semi-static manner and may be configured in different resource pools in frequency and/or time in order to avoid overlapping transmissions. Such a semi-static configuration using different resource pools may avoid overlapping transmissions without coordination between the LTE components and the NR components”) between the first RAT ([0058]: “NR V2X”) and a second RAT ([0058]: “LTE V2X”), and controls an operation related to using resource pools for which a function related to resource sharing between the first RAT and the second RAT is configured” ([0058]: “overlapping transmission with one RAT and reception with another RAT can be avoided without requiring communication between LTE components and NR components to coordinate transmission/reception”). With respect to Claim 6, Nguyen et al. discloses: “a communication method performed by a terminal (FIG. 5: UE 104b; [0075]: FIG. 5 is a flowchart 500 of a method of wireless communication. The method may be performed by a transmitting device/receiving device”), the communication method comprising: performing transmission and reception in a first RAT (Radio Access Technology) (FIG. 6: 602; [0087]: “The apparatus 602 may be a device, e.g., a UE, an RSU, or a base station, that may be capable of transmitting and receiving based on two different RATs”); controlling communications in the first RAT (FIG. 6: 602, 604, 606; [0087]: “The apparatus comprises a reception component 604 configured to receive”; “The apparatus 602 includes a transmission component 606 configured to transmit”); and not supporting a function related to dynamic resource sharing between the first RAT and a second RAT ([0058]: “LTE V2X communication and NR V2X communication may be configured in a semi-static manner and may be configured in different resource pools in frequency and/or time in order to avoid overlapping transmissions. Such a semi-static configuration using different resource pools may avoid overlapping transmissions without coordination between the LTE components and the NR components”), and controlling an operation related to using resource pools for which a function related to resource sharing between the first RAT ([0058]: “NR V2X”) and the second RAT ([0058]: “LTE V2X”) is configured” ([0058]: “overlapping transmission with one RAT and reception with another RAT can be avoided without requiring communication between LTE components and NR components to coordinate transmission/reception”). 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 4 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Nguyen et al. in view of “Discussion on co-channel coexistence for LTE sidelink and NR sidelink”, 3GPP TSG RAN WG1 Meeting #109-e, R1-2204652, e-Meeting, May 9th – 20th, 2022”, (ETRI). Claim 4 is dependent upon claim 1. As discussed above, claim 1 is disclosed by Nguyen et al. Thus, those limitations of claim 1 that are recited in claim 4 are also disclosed by Nguyen et al. However, Nguyen et al. does not clearly disclose the remaining limitations of the claims. To that end, with respect to Claim 4, ETRI discloses: “the control unit uses, in the resource pool, a parameter related to sensing that is different from a parameter related to a terminal that supports the function related to dynamic resource sharing between the first RAT and the second RAT” (Pg. 1, Section 2, line 7 to Pg. 2, Section 2, line 1: “Alt 1: Resource pool separation between the two RATS”; Page1, section 2, line 15: “simplest solution could be resource pool separation between two RATS in a static manner i.e., Alt. 1”). It is respectfully submitted that it would have been obvious to one of ordinary skill in the art at the time of the invention to combine Nguyen et al. with ETRI since both use “semi-static” or “static” resource pools rather than dynamic resource pool sharing (see ETRI @ Pg. 2, Section 2, line 1). Allowable Subject Matter Claims 2, 3 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MYRON K WYCHE whose telephone number is (571)272-3390. The examiner can normally be reached 7:30 am - 3:30 pm. 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, Kathy Wang-Hurst can be reached at 571-270-5371. 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. /Myron Wyche/ 15 August 2026 Primary Examiner AU2644
Read full office action

Prosecution Timeline

Dec 18, 2024
Application Filed
Aug 19, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
98%
With Interview (+12.9%)
2y 6m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 851 resolved cases by this examiner. Grant probability derived from career allowance rate.

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