Prosecution Insights
Last updated: July 17, 2026
Application No. 18/884,257

FIRST WIRELESS COMMUNICATION DEVICE AND SECOND WIRELESS COMMUNICATION DEVICE

Non-Final OA §102§112
Filed
Sep 13, 2024
Priority
Mar 22, 2022 — continuation of PCTJP2022013318
Examiner
MASUR, PAUL H
Art Unit
Tech Center
Assignee
Fujitsu Limited
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
590 granted / 678 resolved
+27.0% vs TC avg
Moderate +14% lift
Without
With
+13.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
15 currently pending
Career history
698
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
71.8%
+31.8% vs TC avg
§102
10.3%
-29.7% vs TC avg
§112
10.4%
-29.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 678 resolved cases

Office Action

§102 §112
DETAILED ACTION Claims 1-6 are pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 9/13/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. The information disclosure statement (IDS) submitted on 11/26/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. The information disclosure statement (IDS) submitted on 4/16/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings were received on 9/13/2024. These drawings are accepted. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 4 and 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 4 and 5 contain grammatical errors such that the scope of the claims is indefinite. In particular, the claims recite, “…wherein, in the reconfiguring control signal, a value is configured in a way that the reconfiguring control signal means…” At best, the language seems to use “means” as a synonym for “substitute” (or the like), but the claim language itself lacks precision, as it is unclear what is being further defined and how. 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 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nunome et al. (US PG Pub 2023/0171802). As per claim 1, Nunome et al. teach a first wireless communication device that performs pre-allocated communication to communicate with a second wireless communication device, using a radio resource that is configured beforehand [Nunome, ¶s 0081 and 0161, The scheduler (see element 104) of the base station (see fig. 2, ¶s 0079-0083) may control the conditions and parameters under which the terminal switches BWPs.], the first wireless communication device comprising: a controller configured to: reconfigure a frequency of a pre-allocated radio resource in the second wireless communication device while maintaining a preconfigured transmission cycle of the pre-allocated radio resource [Nunome, ¶ 0195, “In contrast, FIG. 8B illustrates, for example, a case where an LBT failure occurs in BWP #1 (e.g., case where base station 100 fails to acquire COT and terminal 200 receives no COT structure indication). In this case, for example, terminal 200 may switch the active BWP to BWP #2 when a certain time elapses (e.g., timer expires) without receiving the COT structure indication. Terminal 200 can perform transmission and reception in BWP #2 when, for example, receiving the COT structure indication at a preconfigured PDCCH reception timing in BWP #2”, Fig. 8B shows that a terminal may switch from BWP #1 to BWP #2 (or change between pre-allocated frequencies) within a predetermined transmission cycle (or within one slot, see double arrow within 1 slot of fig. 8B). BAP #1 is configured to be the primary slot (see also ¶ 0193), but the allocation may change as needed. This switch, performed by the terminal, may be configured in advance by the base station (see ¶ 0189).], and control implementation of the pre-allocated communication that uses the reconfigured frequency of the pre-allocated radio resource [Nunome, ¶ 0191, “Meanwhile, in the dynamic configuration of the switching order of the active BWP, a candidate for the BWP to be switched (e.g., BWP index) may be indicated in advance from base station 100 to terminal 200 using, for example, a PDCCH or group common PDCCH (GC-PDCCH). This allows base station 100 to configure a BWP to be changed to the active BWP for terminal 200 based on the channel availability (whether the channel is idle). Thus, terminal 200 can reduce a situation where transmission and reception cannot be performed due to an LBT failure”, The base station transmits BWP (or frequency pre-allocation information) to the terminal device via the PDCCH. Fig. 8B (see also ¶ 0193) shows in the y-axis that a number of possible resource block (RB) sets (corresponding to a pre-allocated frequency) may be used within a 100 MHz system bandwidth.]. As per claim 2, Nunome et al. teach the first wireless communication device according to claim 1. Nunome et al. also teach wherein, in the reconfiguring, the controller transmits a reconfiguring control signal that includes the frequency to be reconfigured, to the second wireless communication device [Nunome, ¶ 0191, “Meanwhile, in the dynamic configuration of the switching order of the active BWP, a candidate for the BWP to be switched (e.g., BWP index) may be indicated in advance from base station 100 to terminal 200 using, for example, a PDCCH or group common PDCCH (GC-PDCCH). This allows base station 100 to configure a BWP to be changed to the active BWP for terminal 200 based on the channel availability (whether the channel is idle). Thus, terminal 200 can reduce a situation where transmission and reception cannot be performed due to an LBT failure”, The base station transmits BWP (or frequency pre-allocation information) to the terminal device via the PDCCH. Fig. 8B (see also ¶ 0193) shows in the y-axis that a number of possible resource block (RB) sets (corresponding to a pre-allocated frequency) may be used within a 100 MHz system bandwidth.]. As per claim 3, Nunome et al. teach the first wireless communication device according to claim 2. Nunome et al. also teach wherein the reconfiguring control signal is included in a physical downlink control channel (PDCCH) [Nunome, ¶ 0191, “Meanwhile, in the dynamic configuration of the switching order of the active BWP, a candidate for the BWP to be switched (e.g., BWP index) may be indicated in advance from base station 100 to terminal 200 using, for example, a PDCCH or group common PDCCH (GC-PDCCH). This allows base station 100 to configure a BWP to be changed to the active BWP for terminal 200 based on the channel availability (whether the channel is idle). Thus, terminal 200 can reduce a situation where transmission and reception cannot be performed due to an LBT failure”, The base station transmits BWP (or frequency pre-allocation information) to the terminal device via the PDCCH. Fig. 8B (see also ¶ 0193) shows in the y-axis that a number of possible resource block (RB) sets (corresponding to a pre-allocated frequency) may be used within a 100 MHz system bandwidth.]. As per claim 4, Nunome et al. teach the first wireless communication device according to claim 3. Nunome et al. also teach wherein, in the reconfiguring control signal, a value is configured in a way that the reconfiguring control signal means a reconfiguring control signal in each of values of three predetermined types of fields in the PDCCH [Nunome, ¶ 0121, “Each of the bits composing the bitmap may correspond to, for example, each of the RB sets configured for terminal 200. For example, when a set value of the bit is “1”, a common parameter on the CG resource indicated from base station 100 to terminal 200 may be applied to the corresponding RB set. Meanwhile, when a set value of the bit is “0”, for example, a common parameter on the CG resource indicated from base station 100 to terminal 200 need not be applied to the corresponding RB set. For example, a parameter other than the common parameter may be individually configured for the RB set corresponding to the bit set value “0””, Configuration information from the base station to the terminal may include a bitmap, where fields within the bitmap indicate RB (or BWP) options for change in frequency allocation. The number of bits (and thus, number of RBs) may be changes, but the reference uses four as an example (see ¶s 0120, 0125, and 0126).]. As per claim 5, Nunome et al. teach the first wireless communication device according to claim 3. Nunome et al. also teach wherein, in the reconfiguring control signal, a value is configured in a way that the reconfiguring control signal means a reconfiguring control signal in each of values of two predetermined types of fields in the PDCCH [Nunome, ¶ 0121, “Each of the bits composing the bitmap may correspond to, for example, each of the RB sets configured for terminal 200. For example, when a set value of the bit is “1”, a common parameter on the CG resource indicated from base station 100 to terminal 200 may be applied to the corresponding RB set. Meanwhile, when a set value of the bit is “0”, for example, a common parameter on the CG resource indicated from base station 100 to terminal 200 need not be applied to the corresponding RB set. For example, a parameter other than the common parameter may be individually configured for the RB set corresponding to the bit set value “0””, Configuration information from the base station to the terminal may include a bitmap, where fields within the bitmap indicate RB (or BWP) options for change in frequency allocation. The number of bits (and thus, number of RBs) may be changes, but the reference uses four as an example (see ¶s 0120, 0125, and 0126).]. As per claim 6, Nunome et al. teach a second wireless communication device that performs pre-allocated communication to communicate with a first wireless communication device, using a radio resource that is configured beforehand [Nunome, ¶s 0091 and 0092, The terminal device (see fig, 3, element 200) contains a control information holder (see element 205) and a transmission controller (see element 204) for operating according to configured grant (CG) information.], the second wireless communication device comprising: a second controller configured to: reconfigure a preconfigured frequency of a pre-allocated radio resource in the first wireless communication device [Nunome, ¶ 0191, “Meanwhile, in the dynamic configuration of the switching order of the active BWP, a candidate for the BWP to be switched (e.g., BWP index) may be indicated in advance from base station 100 to terminal 200 using, for example, a PDCCH or group common PDCCH (GC-PDCCH). This allows base station 100 to configure a BWP to be changed to the active BWP for terminal 200 based on the channel availability (whether the channel is idle). Thus, terminal 200 can reduce a situation where transmission and reception cannot be performed due to an LBT failure”, The base station transmits BWP (or frequency pre-allocation information) to the terminal device via the PDCCH. Fig. 8B (see also ¶ 0193) shows in the y-axis that a number of possible resource block (RB) sets (corresponding to a pre-allocated frequency) may be used within a 100 MHz system bandwidth.], and perform the pre-allocated communication that uses the pre-allocated radio resource of the reconfigured frequency while maintaining a transmission cycle of the pre-allocated radio resource [Nunome, ¶ 0195, “In contrast, FIG. 8B illustrates, for example, a case where an LBT failure occurs in BWP #1 (e.g., case where base station 100 fails to acquire COT and terminal 200 receives no COT structure indication). In this case, for example, terminal 200 may switch the active BWP to BWP #2 when a certain time elapses (e.g., timer expires) without receiving the COT structure indication. Terminal 200 can perform transmission and reception in BWP #2 when, for example, receiving the COT structure indication at a preconfigured PDCCH reception timing in BWP #2”, Fig. 8B shows that a terminal may switch from BWP #1 to BWP #2 (or change between pre-allocated frequencies) within a predetermined transmission cycle (or within one slot, see double arrow within 1 slot of fig. 8B). BAP #1 is configured to be the primary slot (see also ¶ 0193), but the allocation may change as needed. This switch, performed by the terminal, may be configured in advance by the base station (see ¶ 0189).]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The reference, Miao et al. (US PG Pub 2021/0068146), teaches changing bandwidth part (BWOP configuration) within a UE (see at least figs. 6 and 7 and their associated disclosures). The reference, Park et al. (US PG Pub 2019/0104539), teaches receiving periodic configuration information for BWP candidates (see at least figs. 8 and 13, as their associated disclosures). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul H. Masur whose telephone number is (571)270-7297. The examiner can normally be reached Monday to Friday, 4:30 AM to 5PM. 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, Rebecca Song can be reached at (571) 270-3667. 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. /Paul H. Masur/ Primary Examiner Art Unit 2417
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Prosecution Timeline

Sep 13, 2024
Application Filed
Jul 07, 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
87%
Grant Probability
99%
With Interview (+13.5%)
2y 5m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 678 resolved cases by this examiner. Grant probability derived from career allowance rate.

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