Prosecution Insights
Last updated: October 27, 2026
Application No. 19/104,040

TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION

Non-Final OA §103
Filed
Feb 14, 2025
Priority
Aug 23, 2022 — JP 2022-132834 +1 more
Examiner
HUANG, WEN WU
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
605 granted / 828 resolved
+11.1% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
37 currently pending
Career history
888
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
67.8%
+27.8% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 828 resolved cases

Office Action

§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 . 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) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHENG et al. (US 2020/0314763 A1, "CHENG") in view of Fakoorian et al. (US 2024/0032040 A1, "Fakoorian"). Regarding claim 7, CHENG teaches a terminal (node 200 as a UE, FIG. 2, ¶ [0100]; UE includes a mobile terminal, ¶ [0022]) comprising: a receiver (receiver 224, ¶ [0101]) that receives first information and second information for power control (DCI format 2_2 carrying a first TPC command for a first antenna panel, e.g., SRS resource set #0, and a second TPC command for a second antenna panel, e.g., SRS resource set #1, at base-station-configured panel-specific bit positions, ¶ [0062]–[0066]; see also ¶ [0068]–[0072]) of physical uplink control channel (PUCCH) transmission with multiple panels (closed-loop power control for PUSCH/PUCCH in multi-panel transmission, ¶ [0006], [0027]–[0028]; DCI format 2_2 procedures applied to PUCCH power control, ¶ [0098]); and a processor (processor 226 executing instructions 232, ¶ [0106]–[0108]) that controls transmission power of a first PUCCH based on the first information and controls transmission power of a second PUCCH based on the second information (first TPC command, e.g., +3 dB, applied to the first panel's power control adjust state and second TPC command, e.g., +1 dB, applied to the second panel's, ¶ [0065]–[0066], [0071]; for PUCCH, ¶ [0098]; see also ¶ [0040]). CHENG is silent to teaching that wherein the simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs. In the same field of endeavor, Fakoorian teaches a terminal (UE 106) performing simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs (a first PUCCH transmission 112 through a first antenna panel 108 to a first TRP 102 and, simultaneously, a second PUCCH transmission 114 through a second antenna panel 110 to a second TRP 104; FIG. 1; ¶ [0028], [0046], [0049]–[0051], [0080]; FIG. 18). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify CHENG's terminal to transmit its multi-panel PUCCH simultaneously through the first and second panels to first and second TRPs, as taught by Fakoorian. In the modified terminal, CHENG's first and second information would control the transmission power of the PUCCH through the respective panel, i.e., the PUCCH to the first TRP and the PUCCH to the second TRP. The motivation would have been to obtain higher reliability and lower latency than consecutive (TDM) PUCCH transmission to different TRPs (Fakoorian ¶ [0026]–[0027]). The modification also combines known elements according to known methods to yield predictable results. CHENG's per-panel TPC commands continue to adjust each panel's closed-loop power, as CHENG intends for PUCCH in multi-panel transmission (¶ [0006], [0028]). Fakoorian's panels continue to carry PUCCH to their respective TRPs. The result is TRP-specific PUCCH power control. There would have been a reasonable expectation of success. Both references address NR multi-panel PUCCH on comparable UE hardware (CHENG FIG. 2; Fakoorian FIG. 20). CHENG maintains a separate TPC field and power control adjust state for each panel (¶ [0055], [0062]–[0066]), so its control applies to each simultaneously transmitting panel without changing CHENG's principle of operation. Regarding claim 8, the combination of CHENG and Fakoorian teaches the terminal according to claim 7, wherein whether or not to apply the first information and the second information is configured per PUCCH resource (CHENG teaches associating PUCCH power control with individual PUCCH resources. Each configured PUCCH resource is associated with an antenna panel (SRS resource set index, antenna panel index, or TCI), and the power control adjust value is applied to the panel corresponding to the PUCCH resource; ¶ [0037]–[0040]). Regarding claim 9, CHENG teaches a radio communication method for a terminal (node 200 as a UE, FIG. 2, ¶ [0100]; UE includes a mobile terminal, ¶ [0022]), comprising: receiving first information and second information for power control (DCI format 2_2 carrying a first TPC command for a first antenna panel, e.g., SRS resource set #0, and a second TPC command for a second antenna panel, e.g., SRS resource set #1, at base-station-configured panel-specific bit positions, ¶ [0062]–[0066]; see also ¶ [0068]–[0072]) of physical uplink control channel (PUCCH) transmission with multiple panels (closed-loop power control for PUSCH/PUCCH in multi-panel transmission, ¶ [0006], [0027]–[0028]; DCI format 2_2 procedures applied to PUCCH power control, ¶ [0098]); and controlling transmission power of a first PUCCH based on the first information and controls transmission power of a second PUCCH based on the second information (first TPC command, e.g., +3 dB, applied to the first panel's power control adjust state and second TPC command, e.g., +1 dB, applied to the second panel's, ¶ [0065]–[0066], [0071]; for PUCCH, ¶ [0098]; see also ¶ [0040]). CHENG is silent to teaching that wherein the simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs. In the same field of endeavor, Fakoorian teaches a method (UE 106) performing simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs (a first PUCCH transmission 112 through a first antenna panel 108 to a first TRP 102 and, simultaneously, a second PUCCH transmission 114 through a second antenna panel 110 to a second TRP 104; FIG. 1; ¶ [0028], [0046], [0049]–[0051], [0080]; FIG. 18). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify CHENG's terminal to transmit its multi-panel PUCCH simultaneously through the first and second panels to first and second TRPs, as taught by Fakoorian. In the modified terminal, CHENG's first and second information would control the transmission power of the PUCCH through the respective panel, i.e., the PUCCH to the first TRP and the PUCCH to the second TRP. The motivation would have been to obtain higher reliability and lower latency than consecutive (TDM) PUCCH transmission to different TRPs (Fakoorian ¶ [0026]–[0027]). The modification also combines known elements according to known methods to yield predictable results. CHENG's per-panel TPC commands continue to adjust each panel's closed-loop power, as CHENG intends for PUCCH in multi-panel transmission (¶ [0006], [0028]). Fakoorian's panels continue to carry PUCCH to their respective TRPs. The result is TRP-specific PUCCH power control. There would have been a reasonable expectation of success. Both references address NR multi-panel PUCCH on comparable UE hardware (CHENG FIG. 2; Fakoorian FIG. 20). CHENG maintains a separate TPC field and power control adjust state for each panel (¶ [0055], [0062]–[0066]), so its control applies to each simultaneously transmitting panel without changing CHENG's principle of operation. Regarding claim 10, CHENG teaches a base station (node 200 as a BS, ¶ [0100]; gNB, ¶ [0023]) comprising: a transmitter (transmitter 222, ¶ [0101]) that transmits first information and second information for power control of physical uplink control channel (PUCCH) transmission with multiple panels (base station configures panel-specific TPC bit positions and transmits DCI format 2_2 carrying a TPC command for each panel, ¶ [0029], [0064]–[0065], [0074]; applied to PUCCH, ¶ [0098]); and a processor (processor 226, ¶ [0106]–[0108]) that indicates to control transmission power of a first PUCCH by using the first information and indicates to control transmission power of a second PUCCH by using the second information (per-panel TPC commands indicating the adjustment the UE applies to each respective panel, ¶ [0062]–[0066], [0098]). CHENG is silent to teaching that wherein the simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs. In the same field of endeavor, Fakoorian teaches a BS (gNB 2100, FIG. 21, ¶ [0104]–[0107]; TRPs 102/104 at base station(s), ¶ [0046]) performing simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs (a first PUCCH transmission 112 through a first antenna panel 108 to a first TRP 102 and, simultaneously, a second PUCCH transmission 114 through a second antenna panel 110 to a second TRP 104; FIG. 1; ¶ [0028], [0046], [0049]–[0051], [0080]; FIG. 18). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify CHENG's terminal to transmit its multi-panel PUCCH simultaneously through the first and second panels to first and second TRPs, as taught by Fakoorian. In the modified terminal, CHENG's first and second information would control the transmission power of the PUCCH through the respective panel, i.e., the PUCCH to the first TRP and the PUCCH to the second TRP. The motivation would have been to obtain higher reliability and lower latency than consecutive (TDM) PUCCH transmission to different TRPs (Fakoorian ¶ [0026]–[0027]). The modification also combines known elements according to known methods to yield predictable results. CHENG's per-panel TPC commands continue to adjust each panel's closed-loop power, as CHENG intends for PUCCH in multi-panel transmission (¶ [0006], [0028]). Fakoorian's panels continue to carry PUCCH to their respective TRPs. The result is TRP-specific PUCCH power control. There would have been a reasonable expectation of success. Both references address NR multi-panel PUCCH on comparable UE hardware (CHENG FIG. 2; Fakoorian FIG. 20). CHENG maintains a separate TPC field and power control adjust state for each panel (¶ [0055], [0062]–[0066]), so its control applies to each simultaneously transmitting panel without changing CHENG's principle of operation. Regarding claim 11, CHENG teaches a system comprising: a terminal; and a base station (network including at least one BS and at least one UE, ¶ [0021]; node 200 as a UE or a BS, ¶ [0100]), wherein the terminal comprises: a receiver (receiver 224, ¶ [0101]) that receives first information and second information for power control (DCI format 2_2 carrying a first TPC command for a first antenna panel, e.g., SRS resource set #0, and a second TPC command for a second antenna panel, e.g., SRS resource set #1, at base-station-configured panel-specific bit positions, ¶ [0062]–[0066]; see also ¶ [0068]–[0072]) of physical uplink control channel (PUCCH) transmission with multiple panels (closed-loop power control for PUSCH/PUCCH in multi-panel transmission, ¶ [0006], [0027]–[0028]; DCI format 2_2 procedures applied to PUCCH power control, ¶ [0098]); and a processor (processor 226 executing instructions 232, ¶ [0106]–[0108]) that controls transmission power of a first PUCCH based on the first information and controls transmission power of a second PUCCH based on the second information (first TPC command, e.g., +3 dB, applied to the first panel's power control adjust state and second TPC command, e.g., +1 dB, applied to the second panel's, ¶ [0065]–[0066], [0071]; for PUCCH, ¶ [0098]; see also ¶ [0040]), and the base station (gNB 2100, FIG. 21, ¶ [0104]–[0107]; TRPs 102/104 at base station(s), ¶ [0046]) comprises: a transmitter (transmitter 222, ¶ [0101]) that transmits first information and second information for power control of physical uplink control channel (PUCCH) transmission with multiple panels (base station configures panel-specific TPC bit positions and transmits DCI format 2_2 carrying a TPC command for each panel, ¶ [0029], [0064]–[0065], [0074]; applied to PUCCH, ¶ [0098]); and a processor (processor 226, ¶ [0106]–[0108]) that indicates to control transmission power of a first PUCCH by using the first information and indicates to control transmission power of a second PUCCH by using the second information (per-panel TPC commands indicating the adjustment the UE applies to each respective panel, ¶ [0062]–[0066], [0098]). CHENG is silent to teaching that wherein the simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs. In the same field of endeavor, Fakoorian teaches a BS (gNB 2100, FIG. 21, ¶ [0104]–[0107]; TRPs 102/104 at base station(s), ¶ [0046]) performing simultaneous physical uplink control channel (PUCCH) transmission with multiple panels to a plurality of transmission and reception points (TRPs); and the first PUCCH to a first TRP among the TRPs and the second PUCCH to a second TRP among the TRPs (a first PUCCH transmission 112 through a first antenna panel 108 to a first TRP 102 and, simultaneously, a second PUCCH transmission 114 through a second antenna panel 110 to a second TRP 104; FIG. 1; ¶ [0028], [0046], [0049]–[0051], [0080]; FIG. 18). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify CHENG's terminal to transmit its multi-panel PUCCH simultaneously through the first and second panels to first and second TRPs, as taught by Fakoorian. In the modified terminal, CHENG's first and second information would control the transmission power of the PUCCH through the respective panel, i.e., the PUCCH to the first TRP and the PUCCH to the second TRP. The motivation would have been to obtain higher reliability and lower latency than consecutive (TDM) PUCCH transmission to different TRPs (Fakoorian ¶ [0026]–[0027]). The modification also combines known elements according to known methods to yield predictable results. CHENG's per-panel TPC commands continue to adjust each panel's closed-loop power, as CHENG intends for PUCCH in multi-panel transmission (¶ [0006], [0028]). Fakoorian's panels continue to carry PUCCH to their respective TRPs. The result is TRP-specific PUCCH power control. There would have been a reasonable expectation of success. Both references address NR multi-panel PUCCH on comparable UE hardware (CHENG FIG. 2; Fakoorian FIG. 20). CHENG maintains a separate TPC field and power control adjust state for each panel (¶ [0055], [0062]–[0066]), so its control applies to each simultaneously transmitting panel without changing CHENG's principle of operation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2025/0267592. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEN WU HUANG whose telephone number is (571)272-7852. The examiner can normally be reached Mon-Fri 10-6. 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, Wesley Kim can be reached at (571) 272-7867. 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. /WEN W HUANG/Primary Examiner, Art Unit 2648
Read full office action

Prosecution Timeline

Feb 14, 2025
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
89%
With Interview (+15.5%)
3y 1m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 828 resolved cases by this examiner. Grant probability derived from career allowance rate.

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