Prosecution Insights
Last updated: April 19, 2026
Application No. 17/593,339

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

Final Rejection §103
Filed
Sep 15, 2021
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
3y 0m
To Grant
97%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
606 granted / 788 resolved
+14.9% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
44 currently pending
Career history
832
Total Applications
across all art units

Statute-Specific Performance

§101
4.8%
-35.2% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 788 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/17/25 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 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 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Wang), U.S. Publication No. 2023/0216614 in view of Gao et al., U.S. Publication No. 2023/0156709 (Gao 709’). Regarding Claims 1, 13 and 17, Wang discloses a method comprising: processing downlink control information (DCI) received from a base station (for example, the HARQ-ACK timing may be indicated via a Radio Resource Control (RRC) signaling or control information, i.e. Downlink Control Information (DCI)… the network device 120 may transmit 210 control information, i.e., Downlink Control information to the terminal device 110.; see paragraphs [0038]-[0040], [0048]-[0049] and figure 2); determining, based on the DCI (i.e., first DCI 611, second DCI 612, third DCI 613), a physical uplink channel resource within a slot of a hybrid automatic repeat request (HARQ) slot group (see figure 6A), 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] and [0101]), a plurality of acknowledgements to be bundled in a HARQ codebook based on the time domain bundling (for example, the HARQ-ACK value for the first PDSCH 312 and the HARQ-ACK value for the second PDSCH 313 can be bundling to be a one-bit HARQ-ACK value and reported in the PUCCH 314. For example, if ACK for the first PDSCH 312, NACK for the second PDSCH 313, then the one-bit HARQ-ACK value may be ACK(1)&NACK(0)=NACK(0).; see paragraph [0055]), wherein the one or more entries are determined based on the time domain bundling being provided (see figure 6A); and generating, for transmission on a physical uplink channel, one or more HARQ codebooks in the physical uplink channel resource (for example, the HARQ-ACK values for PDSCHs 621, 622, 623 and 624 can be reported in the positions 641 to 644 and the HARQ-ACK values for PDSCH 625 and PDSCH 626 can be reported in the positions 645 and 646, respectively.; see paragraph [0078]). Wang fails to disclose the HARQ slot group including a plurality of uplink slots and corresponding to a time domain bundling of the plurality of uplink slots for HARQ. Gao 709 discloses the HARQ slot group including a plurality of uplink slots and corresponding to a time domain bundling (i.e., if U1 and U2 are within one slot and/or U1 and U2 overlap in time domain; see paragraphs [0122] and [0134]) of the plurality of uplink slots for HARQ (i.e., the terminal device 120 can transmit 210 the previous control information 205 (for example, via a PUCCH or a PUSCH) to the network device 110 in the first slot 318. As shown in FIG. 3, with a semi-static HARQ-ACK codebook, the terminal device 120 may be configured with a set of K1 values {3, 6, 8} for transmitting HARQ-ACK indications to the network device 110 in the first slot 318.; see paragraphs [0073], [0075] and figure 3). 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 709’s invention with Wang’s invention for improving the reliability and robustness of transmissions of control information in the communication system (see abstract for Gao 709’). Claim(s) 2-4, 6-10 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Gao 709’ in view of Gao et al. (Gao), U.S. Publication No. 2023/0269039 (Gao 039’). Regarding Claim 2, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ 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 039’ 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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 3, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ fail to disclose wherein the size is fixed, and wherein the method further comprises: signaling, to the base station, capability of a user equipment for the transmission using the subcarrier spacing larger than 120 KHz; and processing radio resource control (RRC) configuration received from the base station and indicating the size. Gao 039’ discloses wherein the size is fixed, and wherein the method further comprises: signaling, to the base station, capability of a user equipment for the transmission using the subcarrier spacing larger than 120 KHz (see paragraph [0094]); and processing radio resource control (RRC) configuration received from the base station and indicating 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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039. Regarding Claim 4, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ fail to disclose wherein the size is dynamic, and wherein the method further comprises determining the size based on the DCI. Gao 039’ 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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039. Regarding Claim 6, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ 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 039’ 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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 7, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ fail to disclose wherein the entries are defined in a physical channel control uplink (PUCCH) resource table, wherein the DCI indicates the entries. Gao 039’ disclose 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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 8, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ 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 039’ disclose 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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 9, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ 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 039’ 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 (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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 10, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ 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 039’ 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 (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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 18, Wang and Gao 709’ disclose the one or more non- transitory computer-readable storage media as described above. Wang and Gao 709’ 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 039’ 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 (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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 19, Wang and Gao 709’ disclose the one or more non- transitory computer-readable storage media as described above. Wang and Gao 709’ 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 039’ 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 (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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Regarding Claim 20, Wang and Gao 709’ disclose the one or more non- transitory computer-readable storage media as described above. Wang and Gao 709’ fail to disclose wherein the one or more HARQ codebooks include a dynamic codebook generated for slots, wherein the slots are indicated by a plurality of downlink assignment indexes based on a subcarrier spacing being larger than 120 KHz. Gao 039’ disclose wherein the one or more HARQ codebooks include a dynamic codebook generated for slots, wherein the slots are indicated by a plurality of downlink assignment indexes 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 039’s invention with Wang’s and Gao 709’s invention for properly scheduling uplink data as described throughout Gao 039’. Claim(s) 5, 11-12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Gao 709’ in view of Noh et al. (Noh), U.S. Publication No. 2020/0328849. Regarding Claim 5, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ 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 Wang’s and Gao 709’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 11, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ 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 Wang’s and Gao 709’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 12, Wang and Gao 709’ disclose the method as described above. Wang and Gao 709’ fail to disclose further comprising: signaling, to the 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 the 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 Wang’s and Gao 709’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 14, Wang and Gao 709’ disclose the apparatus as described above. Wang and Gao 709’ 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 Wang’s and Gao 709’s invention for decreasing wireless data traffic as described in the background section of Noh. Regarding Claim 15, Wang and Gao 709’ disclose the apparatus as described above. Wang and Gao 709’ 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 Wang’s and Gao 709’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 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 August 12, 2025
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Prosecution Timeline

Sep 15, 2021
Application Filed
Nov 16, 2023
Non-Final Rejection — §103
Feb 21, 2024
Response Filed
Feb 21, 2024
Applicant Interview (Telephonic)
Feb 21, 2024
Examiner Interview Summary
Apr 28, 2024
Final Rejection — §103
Jul 10, 2024
Applicant Interview (Telephonic)
Jul 10, 2024
Examiner Interview Summary
Aug 02, 2024
Request for Continued Examination
Aug 12, 2024
Response after Non-Final Action
Sep 21, 2024
Non-Final Rejection — §103
Nov 27, 2024
Examiner Interview Summary
Nov 27, 2024
Applicant Interview (Telephonic)
Dec 20, 2024
Response Filed
Mar 11, 2025
Final Rejection — §103
May 23, 2025
Applicant Interview (Telephonic)
May 23, 2025
Examiner Interview Summary
Jun 17, 2025
Request for Continued Examination
Jun 23, 2025
Response after Non-Final Action
Aug 12, 2025
Non-Final Rejection — §103
Oct 17, 2025
Applicant Interview (Telephonic)
Oct 17, 2025
Examiner Interview Summary
Nov 05, 2025
Response Filed
Dec 17, 2025
Final Rejection — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
77%
Grant Probability
97%
With Interview (+20.1%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 788 resolved cases by this examiner. Grant probability derived from career allow rate.

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