Prosecution Insights
Last updated: October 26, 2026
Application No. 17/543,432

INDICATION ON PROBABILISTIC SHAPING

Final Rejection §103
Filed
Dec 06, 2021
Examiner
ALI, SYED
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
8 (Final)
82%
Grant Probability
Favorable
9-10
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
453 granted / 549 resolved
+24.5% vs TC avg
Strong +59% interview lift
Without
With
+59.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
586
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 549 resolved cases

Office Action

§103
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 . Response to Amendment This action is in response to the application filed on September 11, 2026 Claims 1-3,6-9,12-19,23-24,26-29 and 31-35 are under examination. 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 1-3,6-10, 12-20, 23-24,26-29 and 31-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (USP 2019/0037437) in view of Hwang al. (USP: 2022/0159677) As per Claim 1 Sun teaches an apparatus for wireless communications by a transmitter, comprising: memory (Paragraph 0015 memory); and one or more processors coupled to the memory, the one or more processors being configured to (Paragraph 0015 a device for wireless communication may include memory and one or more processors operatively coupled to the memory): signal a nominal transport block size (TBS) for a transmission of a transport block (TB) (Paragraph 0095, 0101, 0104 TBS with a significantly different nominal number of resources is supported. When a TBS is supported in both base graphs, in the same column (for nominal number of resources), two table entries may be defined with the same TBS and different MCS values, the UE 120 may determine the nominal coding rate by modifying the TBS. For example, the UE 120 may divide the TBS by a size of a nominal resource block (e.g., 144 REs and/or the like), a modulation order of the MCS, and/or a rank of the communication. In this way, a nominal coding rate may be determine for each entry in the table used to determine the TBS....); encode a payload size of bits with a shaping encoder an actual TBS, the actual TBS being selected from a set of TBSs that is based on the nominal TBS (Paragraph 0030, 0103 a first transmission is associated with a nominal coding rate and the nominal coding rate and a transport block size (TBS) of the communication, a nominal number of resources. The indication may include, for example, an explicit payload in an uplink control channel (e.g., PUCCH), A communication from a transmitting entity (e.g., a UE or a BS) to a receiving entity (e.g., another UE and/or another BS) may be encoded based at least in part on an error correcting code, and/or the like. Assume further that a retransmission of the first transmission (associated with the same TBS) is to be transmitted with a smaller nominal number of resources. ); transmit, to a receiver, an indication of the actual TBS and transmit the TB to the receiver (Paragraph 0093 The nominal coding rate may be used in connection with the TBS and/or the nominal number of resources (e.g., RBs) to determine which base graph should be used, as described in more detail below and in connection with FIGS. 7A and 7B. The UE 120 may determine the nominal coding rate since an actual coding rate of the communication may differ from what is granted in the resources.. ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). As per Claim 2 Sun-Hwang teaches the apparatus of claim 1, wherein the one or more processors are configured to: perform modulation based on the payload size of bits corresponding to the actual TBS (Paragraph 0093 the TBS and/or the nominal number of resources (e.g., RBs) to determine which base graph should be used, as described in more detail below and in connection with FIGS. 7A and 7B. The UE 120 may determine the nominal coding rate since an actual coding rate of the communication may differ from what is granted in the resources. ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). As per Claim 3 Sun – Hwang teaches the apparatus of claim 1, wherein, to encode the payload size of bits with the shaping encoder, the one or more processors are configured to perform probabilistic shaping (Paragraph 0112 example, an explicit payload in an uplink control channel (e.g., PUCCH), a particular scrambling or DMRS sequence corresponding to the particular base graph, and/or the like. ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). 4.(Canceled) 5. (Canceled) As per Claim 6 Sun– Hwang teaches the apparatus of claim 1, wherein: the transmitter comprises a user equipment (UE) or a network entity (Paragraph 0030 A communication from a transmitting entity (e.g., a UE or a BS) to a receiving entity (e.g., another UE and/or another BS) may be encoded based at least in part on an error correcting code ). As per Claim 7 Sun– Hwang teaches the apparatus of claim 6, wherein the one or more processors are configured to: determine an effective code rate based on the actual TBS or the nominal TBS (Paragraph 0014, 0016 wherein the determination of whether to use the first base graph or the second base graph is based at least in part on the nominal coding rate and a transport block size (TBS) of the communication, and wherein the TBS is based at least in part on a nominal number of resources and the MCS of the communication; and perform the decoding or transmission based at least in part on the determination of whether to use the first base graph or the second base graph.. ). As per Claim 8 Sun– Hwang teaches the apparatus of claim 6, wherein the one or more processors are configured to: determine an effective code rate based on a number of downlink information bits divided by a number of physical channel bits associated with the payload size of bits (Paragraph 0004, 0005, 0031, 0061 The CRS may be transmitted in certain symbol periods of each subframe and may be used by the UEs to perform channel estimation, channel quality measurement, and/or other functions. The BS may also transmit a physical broadcast channel (PBCH) in symbol periods 0 to 3 in slot 1 of certain radio frames. The PBCH may carry some system information. The BS may transmit other system information such as system information blocks (SIBs) on a physical downlink shared channel (PDSCH) in certain subframes. The BS may transmit control information/data on a physical downlink control channel (PDCCH) in the first B symbol periods of a subframe, where B may be configurable for each subframe ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). As per Claim 9 Sun– Hwang teaches the apparatus of claim 1, wherein, to transmit the indication of the actual TBS, the one or more processors are configured to: transmit the indication of the actual TBS via a demodulation reference signal (DMRS) sequence or a guard interval (GI) sequence (Paragrph 0082, 0083 the BS 110 may identify the selected base graph based at least in part on receiving DMRS sequence 1 from the UE 120. As shown by reference number 590, the BS 110 may prepare SPS communications using the selected base graph associated with DMRS sequence 1 ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). 10. (Canceled) 11. (Canceled) As per Claim 12 Sun– Hwang teaches the apparatus of claim 1, wherein the one or more processors are configured to: perform code block (CB) segmentation based on the nominal TBS to generate multiple CBs; and perform probabilistic shaping encoding on the a_number of bits for each CB of the multiple CBs (Paragraph 0031, 0078 For example, a first base graph may be used for a communication when a code block size (CBs) of the communication satisfies a first threshold or a code rate of the communication satisfies a second threshold. A second base graph may be used for the communication when the code block size does not satisfy the first threshold and/or the code rate does not satisfy the second threshol ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). As per Claim 13 Sun – Hwang teaches the apparatus of claim 12, wherein the one or more processors are configured to: transmit, to the receiver, an indication of an actual size of each CB of the multiple CBs (Paragraph 0031, 0032 a code block size (CBs) of the communication satisfies a first threshold or a code rate of the communication satisfies a second threshold. A second base graph may be used for the communication when the code block size does not satisfy the first threshold and/or the code rate does not satisfy the second threshold ). As per Claim 14 Sun– Hwang teaches the apparatus of claim 13, wherein, to transmit the indication of the actual size of each CB of the multiple CBs, the one or more processors are configured to: transmit the indication of the actual size of each CB via: uplink control information (UCI), a demodulation reference signal (DMRS) sequence, or a guard interval (GI) sequence (Paragraph 0031, 0082, 0083 As shown by reference number 580, the BS 110 may identify the selected base graph based at least in part on receiving DMRS sequence 1 from the UE 120. As shown by reference number 590, the BS 110 may prepare SPS communications using the selected base graph associated with DMRS sequence 1. a communication when a code block size(CBs) of the communication satisfies a first threshold or a code rate of the communication satisfies a second threshold. A second base graph may be used for the communication when the code block size (CBs) does not satisfy the first threshold and/or the code rate does not satisfy the second threshold. As a more particular example ). As per Claim 15 Sun– Hwang teaches the apparatus of claim 12, wherein the one or more processors are configured to: transmit signaling to configure the receiver to provide feedback based on a group of CBs (CBG), wherein the receiver determines a number of CBs for the CBG based on the nominal TBS; and receive, from the receiver, a feedback of the CBG (Paragraph 0031, 0078 the nominal coding rate and a transport block size (TBS) of the communication, and wherein the TBS is based at least in part on a nominal number of resources and the MCS of the communication, when a code block size (CBs) of the communication satisfies a first threshold or a code rate of the communication satisfies a second threshold ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). As per Claim 16 Sun– Hwang teaches the apparatus of claim 15, wherein, to encode the payload size of bits with the shaping encoder, the one or more processors are configured to: perform probabilistic shaping encoding on a number of bits corresponding to the CBG or the actual TBS (Paragraph 0078, 0093 the BS 110 may save one or more bits of DCI that would otherwise be used to indicate the base graph in the DCI. This may be particularly advantageous when a first base graph is used more often than a second base graph, the TBS and/or the nominal number of resources (e.g., RBs) to determine which base graph should be used, as described in more detail below and in connection with FIGS. 7A and 7B. The UE 120 may determine the nominal coding rate since an actual coding rate of the communication may differ from what is granted in the resources.). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). As per Claim 17 Sun-Hwang teaches the apparatus of claim 16, wherein the one or more processors are configured to: transmit, to the receiver, an indication of an actual size of the CBG (Paragraph 0031, 0032 a code block size (CBs) of the communication satisfies a first threshold or a code rate of the communication satisfies a second threshold. A second base graph may be used for the communication when the code block size does not satisfy the first threshold and/or the code rate does not satisfy the second threshold ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). As per Claim 18 Sun-Hwang teaches the apparatus of claim 17, wherein, to transmit the indication of the actual size of the CBG, the one or more processors are configured to: transmit the indication of the actual size of the CBG via one or more of: uplink control information (UCI), a demodulation reference signal (DMRS) sequence, or a guard interval (GI) sequence (Paragraph 0031, 0082, 0083 As shown by reference number 580, the BS 110 may identify the selected base graph based at least in part on receiving DMRS sequence 1 from the UE 120. As shown by reference number 590, the BS 110 may prepare SPS communications using the selected base graph associated with DMRS sequence 1. a communication when a code block size(CBs) of the communication satisfies a first threshold or a code rate of the communication satisfies a second threshold. A second base graph may be used for the communication when the code block size (CBs) does not satisfy the first threshold and/or the code rate does not satisfy the second threshold. As a more particular example ). However Sun does not explicitly disclose encode a payload size of bits with a shaping encoder an actual TBS Hwang teaches encode a payload size of bits with a shaping encoder an actual TBS (Paragraph 0172, 0290, 0350, 0355, 0365 when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. The number of actual TBs scheduled by the DCI may be determined based on information included in the DCI. When many encoded bits are punctured during rate matching, a smaller number of encoded bits are punctured during rate matching or when repetition is applied. The PBCH repetition is performed such that the same constellation (shaping) point is repeated on different OFDM symbols to estimate an initial frequency error before attempting PBCH decoding. A method of reducing the size of bits representing MCS/TBS information may be considered. This method may be intended to reduce the total DCI size instead of reducing unnecessary scheduling flexibility, when the same payload as described above may be accommodated in one or more scheduling schemes. The NDI may be included in DCI (transmitted/received on the PDCCH) and indicates whether new data is transmitted/receives or previous data is retransmitted on a PDSCH/PUSCH scheduled by the DCI. CB: Code block CBG: Code block group TB: Transport block TBS: Transport block size); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun to include the teaching of Hwang so when payload larger than the maximum size of payload schedulable in one TB is to be transmitted, multi-TB scheduling is used to reduce network overhead by reducing the number of DCI transmissions. (See Hwang Paragraph 0350). Claims 19, 23-24,26-29 and 31-35 are an apparatus and an methods claims corresponding to the methods claims 1-3,6-9,12-18 that have been rejected above. Applicant attention is directed to the rejection of claims 1-3,6-9,12-18. Claims 19, 23-24,26-29 and 31-35 are rejected under the same rational as claims 1-3,6-9,12-18. Response to Argument(s) Applicant's argument(s) filed on September 11, 2026, have been fully considered but they are not persuasive. All arguments are moot in view of the new ground of rejection. Examiner’s Note Examiner is open for discussion if the applicant’s representative need further clarifications. Conclusion THIS ACTION IS MADE FINAL 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 extension fee 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED ALI whose telephone number is (571)270-3681. The examiner can normally be reached on M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached on 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov . Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SYED ALI/ Primary Examiner, Art Unit 2468
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Prosecution Timeline

Show 18 earlier events
Jan 16, 2026
Final Rejection mailed — §103
Mar 06, 2026
Response after Non-Final Action
Apr 06, 2026
Request for Continued Examination
Apr 15, 2026
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §103
Sep 11, 2026
Response Filed
Oct 01, 2026
Examiner Interview (Telephonic)
Oct 14, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12772104
COMMUNICATION CONTROL DEVICE, COMMUNICATION CONTROL METHOD, AND NON-TRANSITORY COMPUTER READABLE MEDIUM STORING APPLICATION CONTROL PROGRAM
2y 3m to grant Granted Oct 20, 2026
Patent 12757166
WAVEFORM PART CONFIGURATIONS FOR V2X COMMUNICATION
5y 6m to grant Granted Oct 06, 2026
Patent 12757213
USER EQUIPMENT, BASE STATION AND WIRELESS COMMUNICATION METHOD
2y 2m to grant Granted Oct 06, 2026
Patent 12757201
SCHEDULING REQUEST PROCESS PROCESSING METHOD AND APPARATUS, DEVICE, AND STORAGE MEDIUM
2y 1m to grant Granted Oct 06, 2026
Patent 12750739
METHOD FOR QOS INFORMATION TRANSMISSION AND NETWORK DEVICE
3y 4m to grant Granted Sep 29, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

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Prosecution Projections

9-10
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+59.2%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 549 resolved cases by this examiner. Grant probability derived from career allowance rate.

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