Prosecution Insights
Last updated: October 24, 2026
Application No. 18/993,693

RADIO BASE STATION AND TERMINAL

Final Rejection §102
Filed
Jan 13, 2025
Priority
Jul 22, 2022 — nonprovisional of PCTJP2022028533
Examiner
DUONG, OANH
Art Unit
2459
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
11m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
489 granted / 609 resolved
+22.3% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
10 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
9.8%
-30.2% vs TC avg
§103
45.8%
+5.8% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 609 resolved cases

Office Action

§102
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 . 1. Claims 1-4 and 6 are presented for examination. Claim 5 has been cancelled. Claim Objections 2. Claim 6 is objected to because of the following informalities: Article “a” in line 3 of claim 6 must be deleted. Appropriate correction is required. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 3. Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ni et al. (hereafter, “Ni”), WO 2018177432 A1. Regarding claim 1, Ni teaches a terminal (i.e., a data processing device, page 4 5th paragraph) comprising: a transmitter and receiver (i.e., a data processing device may include a communication interface) that transmits and receives with a base station (i.e., the terminal sends the processing result based on the parameter information to the base station, page 11, Fig. 14, S602), a second data unit set having a lower degree of importance than a first data unit set (i.e., data to be transmitted of different important levels through different transport blocks, page 2 3rd paragraph from bottom up); and processor (i.e., a data processing device may include a processor), that discards the second data unit set when the second data unit set fails to be transmitted within a time limit that is set for the second data unit set (i.e., one or several data packets of video frame are discarded due to timeout not being called, the video frame can be resumed for the video frame with high importance level…data packet, for the video frames with low importance level, can also discard the remaining data packets of the frame, page 2 7th paragraph). Regarding claim 2, Ni teaches the terminal according to claim 1, wherein the processor discards the second data unit set in a PDCP (Packet Data Convergence Protocol) layer (i.e., Ni, in page 6 2nd paragraph from bottom up, discloses the transmission device obtains the importance level of the data to be transmitted carried by the PDCP PDU by using a preset field of the PDCP PDU. Ni, in page 6 paragraph 6th, discloses a portion of a data block to be transmitted indicated by the PDCP layer boundary information is discarded due to a timeout). Regarding claim 3, Ni teaches a base station comprising: a transmitter and receiver (i.e., the base station may include a communication interface, page 4, 6th paragraph) that transmits and receives with a terminal, a second data unit set having a lower degree of importance than a first data unit set (i.e., data to be transmitted of different important levels through different transport blocks, page 2 3rd paragraph from bottom up); and a processor (i.e., the base station may include a processor, page 4, 6th paragraph) that discards the second data unit set when the second data unit set fails to be transmitted within a time limit that is set for the second data unit set (i.e., one or several data packets of video frame are discarded due to timeout not being called, the video frame can be resumed for the video frame with high importance level…data packet, for the video frames with low importance level, can also discard the remaining data packets of the frame, page 2 7th paragraph). . Regarding claim 4, Ni teaches a radio communication system comprising a terminal (i.e., a data processing device, page 4, 5th paragraph); and a base station (i.e., page 4, 6th paragraph), wherein the terminal includes: a transmitter and receiver (i.e., a data processing device may include a communication interface) that transmits and receives with the base station (i.e., the terminal sends the processing result based on the parameter information to the base station, page 11, Fig. 14, S602), a second data unit set having a lower degree of importance than a first data unit set (i.e., data to be transmitted of different important levels through different transport blocks, page 2 3rd paragraph from bottom up); and a processor (i.e., a data processing device may include a processor) that discards the second data unit set when the second data unit set fails to be transmitted within a time limit that is set for the second data unit set (i.e., one or several data packets of video frame are discarded due to timeout not being called, the video frame can be resumed for the video frame with high importance level…data packet, for the video frames with low importance level, can also discard the remaining data packets of the frame, page 2 7th paragraph). Regarding claim 6, this claim recites a radio communication method performed by a terminal claim 1, discussed above, same rationale of rejections is applied. a transmitting and receiving with a base station, a second data unit set having a lower degree of importance than a first data unit set; and discarding the second data unit set when the second data unit set fails to be transmitted within a time limit that is set for the second data unit set. Response to Arguments 4. Applicant’s arguments with respect to claim(s) 1-4 and 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 5. 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. 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OANH DUONG whose telephone number is (571)272-3983. The examiner can normally be reached Mon-Fri 9:00am-6:00pm. 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, Wing Chan can be reached at (571)272-7493. 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. /OANH DUONG/Primary Examiner, Art Unit 2441
Read full office action

Prosecution Timeline

Jan 13, 2025
Application Filed
May 06, 2026
Non-Final Rejection mailed — §102
Aug 06, 2026
Response Filed
Oct 15, 2026
Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+12.3%)
2y 9m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 609 resolved cases by this examiner. Grant probability derived from career allowance rate.

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