Prosecution Insights
Last updated: April 19, 2026
Application No. 17/975,990

METHOD AND APPARATUS FOR TRANSMITTING FEEDBACK OF HYBRID AUTOMATIC REPEAT REQUEST IN WIRELESS COMMUNICATION SYSTEM

Final Rejection §102§103
Filed
Oct 28, 2022
Examiner
HENSON, JAMAAL R
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
6 (Final)
84%
Grant Probability
Favorable
7-8
OA Rounds
2y 6m
To Grant
89%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
673 granted / 798 resolved
+26.3% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
54 currently pending
Career history
852
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
41.9%
+1.9% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 798 resolved cases

Office Action

§102 §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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/21/2025 has been entered. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 12, 21, and 25, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (US 2023/0047407 A1). Regarding claims 1 and 21, Li discloses: a user equipment (UE) (fig.8 depicts a terminal, i.e. a user equipment) comprising: at least one transceiver (fig.8 element 801 the radio frequency unit); at least one processor (fig.8 element 810 processor) communicatively coupled to the at least one transceiver (fig.8 depicts the processor and transceiver communicatively coupled); and at least one memory (fig.8 depicts a memory element 809), communicatively coupled to the at least one processor (fig.8 depicts the memory and processor coupled together), storing instructions (fig.8 element 809 depicts the memory with instructions stored thereon) executable by the at least one processor (fig.8 par.[0205] which teaches the purpose and use of the processor), storing instructions executable by the at least one processor individually or in any combination to cause the UE to: receive, from a base station (fig.9 depicts a base station, i.e. the network device, par.[0041]), first information configuring at last one physical uplink control channel (PUCCH) resource associated with a hybrid automatic repeat request acknowledgement (HARQ-ACK) for a unicast physical downlink shared channel (PDSCH) (par.[0053] describes the base station scheduling the UE to transmit HARQ feedback for unicast PDSCH and multicast PDSCH in a same slot or sub-slot. That is, the UE is configured a resource (i.e. the slot or sub-slot) for transmitting HARQ feedback for both the unicast PDSCH and the multicast PDSCH), receive, from the base station, a semi-persistent scheduling (SPS) multicast PDSCH (par.[0056] which teaches that the UE receives the multicast PDCCH/PDSCH. The office notes that the multicast transmission correspond to SPS, see par.[0047], “During construction of a semi-persistent codebook, the UE mainly determines a candidate PDSCH reception opportunity according to a semi-persistently configured or predefined k1 set and a Time Domain Resource allocation (TDRA) form of the PDSCH,”, and par.[0093] which recites, in part, “For the multicast PDSCH corresponds to the type 1 semi-persistent codebook”. As can be seen the SPS codebook corresponds to the SPS resources, which are used for the multicast transmission), receive, from the base station, unicast PDSCH (fig.2a par.[0098] depicts the receiving a DCI and a PDSCH corresponding to the DCI, unicast PDSCH), receive, from the base station, downlink control information (DCI) indicating a release for the reception of the SPS PDSCH (par.[0045] which recites, in part, “The PDCCH is, for example, a PDCCH indicating SPS release”), and transmit, to the base station, first HARQ-ACK information associated with the unicast PDSCH and second HARQ-ACK information associated with the DCI of the same PUCCH resource (fig.5 and par.[0136] which recites, in part, “In some embodiments, the DCI is used for scheduling the terminal to feed back HARQ-ACK information of multicast downlink transmission and unicast downlink transmission…….”. par.[0137] which recites, in part, “For example, the base station may schedule the multicast PDSCH and the unicast PDSCH to feed back HARQ-ACKs on UL resources in a same slot/sub-slot”. That is, the UE can feedback the HARQ feedback for both multicast and unicast in a same slot. Par.[0045] describes HARQ feedback for the SPS release, thus, the UE may combine the uplink transmission of the unicast and the SPS release in a same resource) identified among the at least one PUCCH resource associated with the HARQ-ACK for the unicast PDSCH (par.[0114] which recites, in part, “The UE multiplexes HARQ-ACKs carried by two PUCCHs to one PUCCH resource for transmission”, and par.[0115] which recites, in part, “if PUCCH resource sets of HARQ-ACK feedback for the multicast PDSCH and the unicast PDSCH are configured respectively, the multiplexed PUCCH resource is selected from the PUCCH resource set corresponding to the unicast PDSCH. That is, the UE may determine a PUCCH resource set from PUCCH resource sets corresponding to the unicast PDSCH according to the multiplexed HARQ-ACK bit, and determines a PUCCH resource from the determined PUCCH resource set according to a PUCCH resource indicator PRI”. As can be seen when the unicast and multicast feedback is multiplexed, the resource is selected from the unicast PDSCH). Regarding claims 12 and 25, Li discloses: a base station comprising (fig.8 depicts a terminal, i.e. a user equipment) comprising: at least one transceiver (fig.9 element 92); at least one processor (fig.9 element 95) communicatively coupled to the at least one transceiver (fig.9 depicts the processor and transceiver communicatively coupled); and at least one memory (fig.9 depicts a memory element 96), communicatively coupled to the at least one processor (fig.9 depicts the memory and processor coupled together), storing instructions (fig.9 element 809 depicts the memory with instructions stored thereon) executable by the at least one processor (fig.9 par.[0209] which teaches the purpose and use of the processor), storing instructions executable by the at least one processor individually or in any combination to cause the UE to: transmit, to a user equipment (fig.8 depicts a user equipment), first information configuring at last one physical uplink control channel (PUCCH) resource associated with a hybrid automatic repeat request acknowledgement (HARQ-ACK) for a unicast physical downlink shared channel (PDSCH) (par.[0053] describes the base station scheduling the UE to transmit HARQ feedback for unicast PDSCH and multicast PDSCH in a same slot or sub-slot. That is, the UE is configured a resource (i.e. the slot or sub-slot) for transmitting HARQ feedback for both the unicast PDSCH and the multicast PDSCH), transmit, to the UE, a semi-persistent scheduling (SPS) multicast PDSCH (par.[0056] which teaches that the UE receives the multicast PDCCH/PDSCH. The office notes that the multicast transmission correspond to SPS, see par.[0047], “During construction of a semi-persistent codebook, the UE mainly determines a candidate PDSCH reception opportunity according to a semi-persistently configured or predefined k1 set and a Time Domain Resource allocation (TDRA) form of the PDSCH,”, and par.[0093] which recites, in part, “For the multicast PDSCH corresponds to the type 1 semi-persistent codebook”. As can be seen the SPS codebook corresponds to the SPS resources, which are used for the multicast transmission), transmit, to the UE, unicast PDSCH (fig.2a par.[0098] depicts the receiving a DCI and a PDSCH corresponding to the DCI, unicast PDSCH), transmit, to the UE, downlink control information (DCI) indicating a release for the reception of the SPS PDSCH (par.[0045] which recites, in part, “The PDCCH is, for example, a PDCCH indicating SPS release”), receiving from the user equipment, first HARQ-ACK information associated with the unicast PDSCH and second HARQ-ACK information associated with the DCI on a same PUCCH resource, wherein the first PUCCH resource is based on the first information (fig.5 and par.[0136] which recites, in part, “In some embodiments, the DCI is used for scheduling the terminal to feed back HARQ-ACK information of multicast downlink transmission and unicast downlink transmission…….”. par.[0137] which recites, in part, “For example, the base station may schedule the multicast PDSCH and the unicast PDSCH to feed back HARQ-ACKs on UL resources in a same slot/sub-slot”. That is, the UE can feedback the HARQ feedback for both multicast and unicast in a same slot. Par.[0045] describes HARQ feedback for the SPS release, thus, the UE may combine the uplink transmission of the unicast and the SPS release in a same resource) identified among the at least one PUCCH resource associated with the HARQ-ACK for the unicast PDSCH (par.[0114] which recites, in part, “The UE multiplexes HARQ-ACKs carried by two PUCCHs to one PUCCH resource for transmission”, and par.[0115] which recites, in part, “if PUCCH resource sets of HARQ-ACK feedback for the multicast PDSCH and the unicast PDSCH are configured respectively, the multiplexed PUCCH resource is selected from the PUCCH resource set corresponding to the unicast PDSCH. That is, the UE may determine a PUCCH resource set from PUCCH resource sets corresponding to the unicast PDSCH according to the multiplexed HARQ-ACK bit, and determines a PUCCH resource from the determined PUCCH resource set according to a PUCCH resource indicator PRI”. As can be seen when the unicast and multicast feedback is multiplexed, the resource is selected from the unicast PDSCH). 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, 16, 24, and 28, is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Miao et al. (US 2021/0243782 A1). Regarding claims 7,16, 24, and 28, the disclosure of Li discloses: multiplexing unicast and multicast HARQ A/N, but does not disclose: receiving/transmitting, from the base station or to the user equipment, second information configuring only a negative acknowledgment (NACK) only feedback, and transmit and/or receive from the base station or the UE, HARQ-ACK information including only NACK is transmitted based on the second information on a second PUCCH resource. However, providing a NACK only feedback in combination with an ACK/NACK feedback mode was known in the art prior to the effective filing date of the instant application. For example, in an analogous art, the disclosure of Miao teaches: receiving/transmitting, from the base station or to the user equipment, second information configuring only a negative acknowledgment (NACK) only feedback, and transmit and/or receive from the base station or the UE, HARQ-ACK information including only NACK is transmitted based on the second information on a second PUCCH resource (par.[0112] which describes the unicast or multicast HARQ feedback, wherein type-2 HARQ feedback may be used which is NACK-only feedback. The resource would be different because the HARQ is NACK only, and two, the UE can be configured with ACK/NACK or NACK only, wherein the configuration for each would need to be different because they are fundamentally different types of feedback). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the teachings of Li for providing HARQ feedback configuration with the disclosure of Wu for indicating NACK-only or ACK/NACK feedback. The motivation/suggestion would have been that by providing only NACK feedback it is possible save or reuse the uplink resource associated with the ACK transmission. Response to Arguments Claim Rejections - 35 USC § 103 Applicant’s arguments with respect to claim(s) 1, 12, 21, and 25, have been considered but are unpersuasive. The applicant alleges that the disclosure of Li (US 2023/00471407 A1) does not disclose: “transmitting, to the base station, first HARQ-ACK information associated with unicast PDSCH and second HARQ-ACK information associated with the DCI on a same PUCCH resource identified among the at least one PUCCH resource associated with the HARQ-ACK for the unicast PDSCH” The office respectfully disagrees. With regard to multiplexing the unicast and multicast feedback, the disclosure of Li substantially discloses multiplexing the feedback on a same PUCCH resource, for example, par.[0114] which recites, in part, “The UE multiplexes HARQ-ACKs carried by two PUCCHs to one PUCCH resource for transmission”. The two PDCCHs being attributed to multicast and unicast as discussed in par.[0099] which describes the HARQ-ACK for unicast and multicast, “(HARQ-ACK feedback manners corresponding to the multicast PDSCH and the unicast PDSCH may be configured respectively or in a unified manner), to determine corresponding PUCCH resources respectively”. That is, the UE may feedback unicast and multicast HARQ feedback on a same PUCCH resource, fig.2b, and par.[0121] which recites, in part, “the unicast PDSCH may be configured respectively or in a unified manner), concatenates the two (sub-)codebooks together, and determines a corresponding PUCCH resource according to a number of bits of the HARQ-ACK after concatenation. As shown in FIG. 2B, PUCCH 3 is a PUCCH that feeds back HARQ-ACKs corresponding to the unicast PDSCH and the multicast PDSCH”. The applicant alleges that the feedback manner or the resource is not the same because the UE PUCCH resource utilizes a same time resource but non-overlapping uplink frequency resources. However, the PUCCH time resource is a slot or sub-frame is the same PUCCH resource in time, and to avoid interference or collisions it is prudent to utilize different frequency resources over a same time resource of the PUCCH. The PUCCH is configured in a slot or subframe in time, and 12 or more subcarriers in frequency in order to multiplex the HARQ feedback. The applicants suggestion that the claimed HARQ ACK feedback is on the same time and frequency resources is unfounded, and would, lead to interference and collision because the control information cannot occupy the same time and frequency resources without exhibiting significant interference or collisions. Additionally, the fig(s) 2a and 2b teaches different frequency resources in a same slot (PUCCH1 and PUCCH2) or a single PUCCH resource (PUCCH3) which corresponds to the disclosure of par.[0121]. With regard to the uplink resource being related to the PUCCH, the disclosure of Li also teaches this feature. For example, the disclosure of Li recites, in part, “par.[0114] which recites, in part, “The UE multiplexes HARQ-ACKs carried by two PUCCHs to one PUCCH resource for transmission”, and par.[0115] which recites, in part, “if PUCCH resource sets of HARQ-ACK feedback for the multicast PDSCH and the unicast PDSCH are configured respectively, the multiplexed PUCCH resource is selected from the PUCCH resource set corresponding to the unicast PDSCH.”. Also look at par.[0098 – 0099] and fig.2a a same slot utilizing a 2 As can be seen the disclosure of Li substantially discloses the claimed subject matter, and the rejection of the claims are sustained. With regard to the multicast DCI for SPS release and responding to the SPS release with HARQ-ACK feedback, the disclosure of Li also teaches this feature. For example, Li at par.[0045] recites, in part, “In some embodiments, UE needs to perform HARQ-ACK feedback for a PDSCH or Physical Downlink Control Channel (PDCCH) of downlink transmission. The PDSCH is, for example, a dynamic scheduling PDSCH or a Semi-Persistent Scheduling (SPS) PDSCH of a PDCCH. The PDCCH is, for example, a PDCCH indicating SPS release,”, and “Transmission of the HARQ-ACK information may be performed on a Physical Uplink Control Channel (PUCCH) resource or on a Physical Uplink Shared Channel (PUSCH) through multiplexing.”. That is, the unicast feedback, the multicast, and the SPS release feedback can be multiplexed on a same PUCCH resource as discussed above, and in the other paragraphs discussed as it pertains to multicast and unicast transmission. The applicant appears to suggest that the SPS release is a multicast transmission, see pg.7 “In contrast, the instant invention specifically targets ‘SPS release via a multicast DCI format”. This does not appear in the specification or claims as filed. Thus, the applicants remarks are moot. Additionally, while the SPS can be utilized for multicast of MBMS or MBS, it is a unicast transmission typically sent to a single UE. It would appear that the applicant has improperly mischaracterized the specification and claims, and thus the rejection is sustained, as the disclosure of Li substantially discloses the multiplexing of unicast and multicast feedback on a same uplink unicast PUCCH resource as has been amended. The SPS release may be multiplexed as a unicast transmission with other unicast transmissions and a multicast transmission, and meets each and every limitation of the claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lee et al. (US 2022/0329363 A1) “Method and Apparatus for Transmitting/Receiving Wireless Signaling in Wireless Communication” 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 JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm. 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, Derrick Ferris can be reached at (571)272-3123. 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. JAMAAL HENSON Primary Examiner Art Unit 2411 /JAMAAL HENSON/Primary Examiner, Art Unit 2411
Read full office action

Prosecution Timeline

Oct 28, 2022
Application Filed
Dec 17, 2024
Non-Final Rejection — §102, §103
Mar 18, 2025
Response Filed
Apr 23, 2025
Final Rejection — §102, §103
Jun 13, 2025
Request for Continued Examination
Jun 21, 2025
Response after Non-Final Action
Jun 24, 2025
Non-Final Rejection — §102, §103
Sep 12, 2025
Response Filed
Oct 01, 2025
Final Rejection — §102, §103
Nov 21, 2025
Request for Continued Examination
Dec 05, 2025
Response after Non-Final Action
Dec 08, 2025
Non-Final Rejection — §102, §103
Mar 04, 2026
Examiner Interview Summary
Mar 04, 2026
Applicant Interview (Telephonic)
Mar 10, 2026
Response Filed
Mar 25, 2026
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
84%
Grant Probability
89%
With Interview (+4.5%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 798 resolved cases by this examiner. Grant probability derived from career allow rate.

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