Prosecution Insights
Last updated: May 29, 2026
Application No. 17/593,339

HARQ TRANSMISSION IN NEW RADIO (NR) BASED ON SUBCARRIER SPACING

Final Rejection §103
Filed
Sep 15, 2021
Priority
Oct 08, 2020 — CN PCT/CN2020/119866 +1 more
Examiner
HEIBER, SHANTELL LAKETA
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
6 (Final)
77%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
615 granted / 797 resolved
+15.2% vs TC avg
Strong +20% interview lift
Without
With
+19.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
27 currently pending
Career history
835
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
84.3%
+44.3% vs TC avg
§102
9.6%
-30.4% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 797 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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-15, 17-19 and 21 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. 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(s) 1, 13, 17 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al. (Hong), U.S. Publication No. 2020/0288457 in further view of Wang et al. (Wang 614’), U.S. Publication No. 2023/0216614. Regarding Claims 1, 13 and 17, Hong discloses a method comprising: processing radio resource control (RRC) signaling indicating a hybrid automatic repeat request (HARQ) configuration from a first configuration and a second configuration, the first configuration corresponding to using an uplink slot for HARQ transmission, the second configuration corresponding to using a HARQ slot group of a plurality of uplink slots for the HARQ transmission (i.e., HARQ ACK feedback timing indication method, the base station 110 may define an uplink slot for uplink control channel transmission including at least one HARQ ACK feedback signal per slot group including N slots of the assistant carrier. This may be applied if there is a plurality of uplink slots in the slot group. In addition, the base station 110 may transmit information relating to the uplink slot per group to the terminal 120 statically or semi-statically, or through the RRC therefore, the processing step is completed as described in the claim; see paragraph [0147]); determining, based on the HARQ configuration and downlink control information (DCI), a physical uplink channel resource (i.e., the terminal 120 may obtain the carrier information for the uplink control signal transmission and the HARQ ACK timing information transmitted by the base station 110 by detecting a DCI therefore, the determining step is completed as described in the claim; see paragraph [0148]); and generating, for transmission on a physical uplink channel, in the physical uplink channel resource (in other words, the base station 110 may request feedback of a channel state from the terminal 120. In step 1102, the base station 110 may determine a carrier for transmission of an uplink control signal based on channel state information received from the terminal 120 and service requirements of the corresponding terminal 120. In step 1103, the base station 110 may determine HARQ ACK timing information by reflecting carrier information for the transmission of the uplink control signal of the terminal 120 therefore, the generating step is completed as described in the claim; see paragraph [0140]). Hong fails to disclose for bundling a plurality of acknowledgements in a HARQ codebook, the physical uplink channel resource determined using one or more entries associated with a first symbol and a number of symbols that correspond to a start and Length Indicator (SLIV) and one or more HARQ codebooks. Wang 614’ discloses for bundling a plurality of acknowledgements in a HARQ codebook (i.e., Type-2 HARQ-ACK codebook and the terminal device is configured with only one CC, HARQ-ACK information for multi-PDSCHs scheduled by a DCI; see paragraph [0079]), the physical uplink channel resource determined using one or more entries associated with a first symbol and a number of symbols that correspond to a start and Length Indicator (SLIV) (i.e., the terminal device 110 may determine respective Start and Length Indicator Values, SLIVs; see paragraphs [0100]-[0101]) and one or more HARQ codebooks (see paragraphs [0078]-[0079]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Wang 614’s invention with Hong’s invention for alleviating collisions and providing more flexibility (see abstract of Wang 614’). Regarding Claim 21, Hong and Wang 614’ disclose the one or more non-transitory computer-readable storage media as described above. Hong fails to disclose wherein a plurality of acknowledgements are bundled in the HARQ codebook based on a time domain bundling of the first configuration, wherein the one or more entries are determined based on the time domain bundling being signaled. Wang 614’ discloses wherein a plurality of acknowledgements are bundled in the HARQ codebook based on a time domain bundling of the first configuration, wherein the one or more entries are determined based on the time domain bundling being signaled (see paragraph [0055]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Wang 614’s invention with Hong’s invention for alleviating collisions and providing more flexibility (see abstract of Wang 614’). Claim(s) 2-4, 6-10 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong and Wang 614’ in view of Gao et al. (Gao), U.S. Publication No. 2023/0269039 (Gao). Regarding Claim 2, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the physical uplink channel has a frequency larger than 52.6 GHz, and wherein a size of the HARQ slot group is based on a subcarrier spacing. Gao discloses wherein the physical uplink channel has a frequency larger than 52.6 GHz, and wherein a size of the HARQ slot group is based on a subcarrier spacing (see paragraph [0094]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 3, Hong and Wang 614’’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the size is fixed, and wherein the method further comprises: signaling, to a base station, capability of a user equipment for the transmission using the subcarrier spacing larger than 120 KHz wherein the RRC signaling indicates the size. Gao discloses wherein the size is fixed, and wherein the method further comprises: signaling, to a base station, capability of a user equipment for the transmission using the subcarrier spacing larger than 120 KHz (see paragraph [0094]) wherein the RRC signaling indicates the size (see paragraph [0108]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 4, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the size is dynamic, and wherein the method further comprises determining the size based on the DCI. Gao discloses wherein the size is dynamic, and wherein the method further comprises determining the size based on the DCI (see paragraph [0094]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 6, Hong and Wang 614’disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the DCI indicates a slot offset indicator and the method further comprises: determining, based on the slot offset indicator, a slot offset (K1) between data reception and HARQ feedback transmission, wherein the slot offset (K1) is defined based on HARQ slot groups. Gao discloses wherein the DCI indicates a slot offset indicator and the method further comprises: determining, based on the slot offset indicator, a slot offset (K1) between data reception and HARQ feedback transmission, wherein the slot offset (K1) is defined based on HARQ slot groups (see paragraph [0107]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 7, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the entries are defined in a physical channel control uplink (PUCCH) resource table, wherein the DCI indicates the entries. Gao discloses wherein the entries are defined in a physical channel control uplink (PUCCH) (see paragraph [0072]) resource table, wherein the DCI indicates the entries (see paragraph [0043] and Tables 5.4-1 & 5.4-2). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 8, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the entries are defined in a physical channel control uplink (PUCCH) resource table, wherein the DCI includes a first field that indicates a slot of the HARQ slot group and a second field that indicates the entries. Gao discloses wherein the entries are defined in a physical channel control uplink (PUCCH) (see paragraph [0072]) resource table, wherein the DCI includes a first field that indicates a slot of the HARQ slot group and a second field that indicates the entries (see paragraph [0043] and Tables 5.4-1 & 5.4-2). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 9, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the one or more of HARQ codebooks represent a plurality of acknowledgements/negative-acknowledgements (ACKs/NAKs), wherein each ACK/NAK corresponds to a different transport block or a different code block group. Gao discloses wherein the one or more of HARQ codebooks represent a plurality of acknowledgements/negative-acknowledgements (ACKs/NAKs), wherein each ACK/NAK corresponds to a different transport block or a different code block group (see paragraph [0073]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 10, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the one or more HARQ codebooks represent a single acknowledgement/negative-acknowledgement (ACK/NAK) that corresponds to a plurality of transport blocks or a plurality of code block groups. Gao discloses wherein the one or more HARQ codebooks represent a single acknowledgement/negative-acknowledgement (ACK/NAK) that corresponds to a plurality of transport blocks or a plurality of code block groups (see paragraphs [0072] and [0076]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 18, Hong and Wang 614’ disclose the one or more non- transitory computer-readable storage media as described above. Hong and Wang 614’ fail to disclose wherein the physical uplink channel has a frequency larger than 52.6 GHz, and wherein the one or more HARQ codebooks include a semi-static codebook generated for a number of slots, wherein the number of slots is based on a subcarrier spacing being larger than 120 KHz. Gao discloses wherein the physical uplink channel has a frequency larger than 52.6 GHz, and wherein the one or more HARQ codebooks include a semi-static codebook generated for a number of slots, wherein the number of slots is based on a subcarrier spacing being larger than 120 KHz (see paragraph [0094]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Regarding Claim 19, Hong and Wang 614’ disclose the one or more non- transitory computer-readable storage media as described above. Hong and Wang 614’ fail to disclose wherein the one or more HARQ codebooks include a semi-static codebook generated for slots that have at least one of: symbols with a valid base station-UE beam pair, valid flexible symbols, or valid uplink symbols. Gao discloses wherein the one or more HARQ codebooks include a semi-static codebook generated for slots that have at least one of: symbols with a valid base station-UE beam pair, valid flexible symbols, or valid uplink symbols (see paragraph [0094]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Gao’s invention with Hong and Wang 614’ invention for properly scheduling uplink data as described throughout Gao. Claim(s) 5, 11-12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong and Wang 614’ in view of Noh et al. (Noh), U.S. Publication No. 2020/0328849. Regarding Claim 5, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose wherein the HARQ slot group includes a HARQ sub-slot group, wherein the one or more of HARQ codebooks include the HARQ codebook for the HARQ sub-slot group. Noh discloses wherein the HARQ slot group includes a HARQ sub-slot group, wherein the one or more of HARQ codebooks include the HARQ codebook for the HARQ sub-slot group (see paragraph [0342] and Table 10). It would have been obvious to a person of ordinary skill in the art before the effective fling dale of the claimed invention to consider Noh’s invention with Hong’s and Wang 614’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 11, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose further comprising: generating the single ACK/NAK by performing an AND operation on a plurality of ACKs/NAKs, wherein each of the plurality of ACKs/NAKs corresponds to a different transport block or a different code block group. Noh discloses further comprising: generating the single ACK/NAK by performing an AND operation on a plurality of ACKs/NAKs, wherein each of the plurality of ACKs/NAKs corresponds to a different transport block or a different code block group (see paragraphs [0163] and [0176]). It would have been obvious to a person of ordinary skill in the art before the effective fling dale of the claimed invention to consider Noh’s invention with Hong’s and Wang 614’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 12, Hong and Wang 614’ disclose the method as described above. Hong and Wang 614’ fail to disclose further comprising: signaling, to a base station, capability of a user equipment (UE) for the transmission using a subcarrier spacing larger than 120 KHz; and receiving, from the base station, a size of the HARQ slot group and a size a set formed by the one or more HARQ codebooks. Noh discloses further comprising: signaling, to a base station, capability of a user equipment (UE) for the transmission using a subcarrier spacing larger than 120 KHz (see paragraphs [0067] and [0069]); and receiving, from the base station, a size of the HARQ slot group and a size a set formed by the one or more HARQ codebooks (see paragraph [0095]). It would have been obvious to a person of ordinary skill in the art before the effective fling dale of the claimed invention to consider Noh’s invention with Hong’s and Wang 614’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 14, Hong and Wang 614’ disclose the apparatus as described above. Hong and Wang 614’ fail to disclose wherein the physical uplink channel having a frequency larger than 52.6 GHz, and wherein the processing circuitry is further configured to: generate the one or more HARQ codebooks based on a number of HARQ processes, wherein the number is larger than sixteen. Noh discloses wherein the physical uplink channel having a frequency larger than 52.6 GHz, and wherein the processing circuitry is further configured to: generate the one or more HARQ codebooks based on a number of HARQ processes, wherein the number is larger than sixteen (see Table 10). It would have been obvious to a person of ordinary skill in the art before the effective fling dale of the claimed invention to consider Noh’s invention with Hong’s and Wang 614’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 15, Hong and Wang 614’ disclose the apparatus as described above. Hong and Wang 614’ fail to disclose wherein the processing circuitry is further configured to: determine a repetition number from the DCI; and generate the one or more HARQ codebooks based on the repetition number. Noh discloses wherein the processing circuitry is further configured to: determine a repetition number from the DCI; and generate the one or more HARQ codebooks based on the repetition number (see Table 10). It would have been obvious to a person of ordinary skill in the art before the effective fling dale of the claimed invention to consider Noh’s invention with Hong’s and Wang 614’s invention for decreasing wireless data traffic as described in the background section of Noh. Allowable Subject Matter Claim 16 is 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 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number (571)272-0886. 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /SHANTELL L HEIBER/Primary Examiner, Art Unit 2645 December 17, 2025
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Prosecution Timeline

Show 18 earlier events
Jun 23, 2025
Response after Non-Final Action
Aug 14, 2025
Non-Final Rejection mailed — §103
Oct 17, 2025
Examiner Interview Summary
Oct 17, 2025
Applicant Interview (Telephonic)
Nov 05, 2025
Response Filed
Dec 22, 2025
Final Rejection mailed — §103
Apr 16, 2026
Request for Continued Examination
Apr 22, 2026
Response after Non-Final Action

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Prosecution Projections

7-8
Expected OA Rounds
77%
Grant Probability
97%
With Interview (+19.9%)
3y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 797 resolved cases by this examiner. Grant probability derived from career allowance rate.

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