Prosecution Insights
Last updated: October 02, 2026
Application No. 17/986,508

HARQ FEEDBACK METHOD AND APPARATUS, TERMINAL, AND NETWORK DEVICE

Non-Final OA §103
Filed
Nov 14, 2022
Priority
Aug 06, 2020 — continuation of PCTCN2020107535
Examiner
OLALEYE, OLADIRAN GIDEON
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
7 (Non-Final)
75%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
95 granted / 127 resolved
+16.8% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
57 currently pending
Career history
179
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
66.5%
+26.5% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
9.3%
-30.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 127 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to the Request for Continued Examination (RCE) filed on 07/01/2026. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/01/2026 has been entered. Response to Amendment The Amendment filed on 07/01/2026 has been entered. Claims 1, 4-5, 7, 9-10, 12, 15-16, 18 and 20 are pending Claims 1, 7 and 12 are amended Claims 2-3, 6, 8, 11, 13-14, 17 and 19 are canceled Claims 1, 4-5, 7, 9-10, 12, 15-16, 18 and 20 remain rejected. 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. 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 of this title, 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. Claims 1, 4-5, 7, 9-10, 12, 15-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over AHN et al. (US 20210376967 A1), hereinafter referenced as Ahn, in view of YEO et al. (US 20230362932 A1), hereinafter referenced as Yeo, and further in view of KIM et al. (US 20200252168 A1), hereinafter referenced as Kim. Regarding claims 1 and 12, Ahn teaches a Hybrid Automatic Repeat reQuest (HARQ) feedback method (Para. [0088]-Ahn discloses feedback scheme based on a hybrid automatic repeat request (HARQ) protocol or a HARQ feedback scheme. Para. [0002]-Ahn discloses method and an apparatus for transmitting and receiving a feedback signal in a wireless communication system. Fig. 2, Para. [0053]-Ahn discloses a communication node 200 may comprise at least one processor 210, a memory 220, and a transceiver 230 connected to the network for performing communications. Also, the communication node 200 may further comprise an input interface device 240, an output interface device 250, a storage device 260), comprising: obtaining, by a terminal, first configuration information from a network device (Para. [0009]-Ahn discloses receiving first configuration information from a first base station in the communication system, the first configuration information including configuration information of a first physical uplink control channel (PUCCH) format for feedback); and determining, by the terminal, a HARQ feedback mode for a first service based on the first configuration information (Para. [0019]-Ahn discloses the first feedback scheme may be indicated selectively among an ACK/NACK HARQ scheme, NACK-only HARQ scheme, ACK-only HARQ scheme, and no-HARQ scheme through the first configuration information, the first DCI, or a radio resource control (RRC) message controlling scheduling information of the first downlink data. Para. [0174]-Ahn discloses communication node 602 may configure one of the first to fourth feedback schemes to the first communication node 601 through the first configuration information, one or more DCIs and/or an RRC message that controls scheduling information of one or more PDSCHs), the first configuration information is transmitted via radio resource control (RRC) signaling or downlink control information (DCI) scheduling the first service (Para. [0174]-Ahn discloses the second communication node 602 may configure one of the first to fourth feedback schemes to the first communication node 601 through the first configuration information, one or more DCIs and/or an RRC message that controls scheduling information of one or more PDSCHs. Para. [0028]-Ahn discloses the first base station may indicate feedback scheme(s) to a plurality of terminal groups through the first configuration information, a plurality of DCIs scheduling a plurality of downlink data units, or a plurality of radio resource control (RRC) messages controlling scheduling information of the plurality of downlink data units before transmitting the plurality of downlink data units to the plurality of terminal groups. Para. [0075]-Ahn discloses configuration of the RB may refer to a process of specifying characteristics of radio protocol layers and channels required to provide a specific service. (See also Para. [0019])), the HARQ feedback mode for the first service comprises at least one of: a NACK-Only feedback mode, an ACK-or-NACK feedback mode, or No-HARQ feedback (Para. [0019]-Ahn discloses the first feedback scheme may be indicated selectively among an ACK/NACK HARQ scheme, NACK-only HARQ scheme, ACK-only HARQ scheme, and no-HARQ scheme through the first configuration information, the first DCI, or a radio resource control (RRC) message controlling scheduling information of the first downlink data. Fig. 6, Para. [0109]-Ahn discloses the first communication node 601 may transmit a feedback signal notifying the reception failure. The second feedback scheme may be referred to as ‘NACK-only feedback scheme’ or ‘NACK-only HARQ scheme’. Para. [0174]-Ahn discloses If it is identified that the second feedback scheme (i.e., NACK-only HARQ scheme) is configured to the first communication node 601, the first communication node 601 may determine that transmission of a NACK signal only for a signal not normally received in the step S640 is required). Ahn fails to teach the first configuration information comprises a first state value described in at least one related field in the DCI scheduling the first service. However, Yeo teaches the first configuration information comprises a first state value described in at least one related field in the DCI scheduling the first service (Para. [0218-0222]-Yeo discloses downlink control information, for example DCI, may include at least one of the following bit fields ... Threshold distance (threshold value) field. Para. [0124]-Yeo discloses a threshold value (threshold) may be included in the DCI for groupcast, and the threshold value may be used to compare with a distance or received energy for determining whether the terminal transmits HARQ feedback information. For example, if whether to transmit the HARQ feedback information is determined based on the distance, the threshold value may be set, for example, based on a separation distance from the reference location. Para. [0162]-Yeo discloses the terminal may transmit HARQ ACK/NACK for uplink data). Ahn and Yeo are both considered to be analogous to the claimed invention because they are in the same field of wireless communication system technologies, dealing with method and apparatus to transmit/receive a signal. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Ahn to incorporate the teachings of Yeo on HARQ feedback, with a motivation for feedback based on distance threshold, and guarantee transmitting and receiving a feedback signal in order to efficiently perform feedback scheme configuration and feedback signal transmission and reception, (Ahn, Para. [0008]). Ahn fails to explicitly teach the determining, by the terminal, the HARQ feedback mode for the first service based on the first configuration information comprises: determining, by the terminal, the HARQ feedback mode for the first service based on the first state value and a predetermined state table, wherein the first state value comprises a Transmission Configuration Indicator (TCI) State. However, Kim teaches the determining, by the terminal, the HARQ feedback mode for the first service based on the first configuration information comprises: determining, by the terminal, the HARQ feedback mode for the first service based on the first state value and a predetermined state table (Para. [0398]-Kim discloses when the PUCCHs corresponding to the HARQ response codebook {Corresponding to the predetermined state table} have different TCIs ... the terminal may generate an HARQ response bit string B by concatenating a plurality of HARQ response bit string A in the order of TCIs {Corresponding to the state values}. Para. [0489]-Kim discloses the terminal may use a format of UL control channel for transmitting one UCI bit (e.g., one HARQ response bit). Since the UL control channel is configured with a specific sequence {Corresponding to the HARQ feedback mode}, the base station may consider that the HARQ response is NACK when a specific sequence is detected in the UL control channel. The base station may consider the HARQ response as ACK if the specific sequence is not detected in the UL control channel), the first state value comprises a Transmission Configuration Indicator (TCI) State (Para. [0398]-Kim discloses the terminal may generate an HARQ response bit string B by concatenating a plurality of HARQ response bit string A in the order of TCIs {Corresponding to the state values}). Kim is considered to be analogous because it is in the same field of communication system technologies, dealing with techniques for transmitting hybrid automatic repeat request (HARQ) responses for uplink repetitive transmissions. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Ahn in view of Yeo to incorporate the teachings of Kim on HARQ feedback, with a motivation to determine feedback based on TCI, and guarantee transmitting and receiving a feedback signal in order to efficiently perform feedback scheme configuration and feedback signal transmission and reception, (Ahn, Para. [0008]). Regarding claims 7 and 18, Ahn teaches a Hybrid Automatic Repeat reQuest (HARQ) feedback method (Para. [0088]-Ahn discloses feedback scheme based on a hybrid automatic repeat request (HARQ) protocol or a HARQ feedback scheme. Para. [0002]-Ahn discloses method and an apparatus for transmitting and receiving a feedback signal in a wireless communication system. Fig. 2, Para. [0053]-Ahn discloses a communication node 200 may comprise at least one processor 210, a memory 220, and a transceiver 230 connected to the network for performing communications. Also, the communication node 200 may further comprise an input interface device 240, an output interface device 250, a storage device 260), comprising: transmitting, by a network device, first configuration information to a terminal (Para. [0009]-Ahn discloses receiving first configuration information from a first base station in the communication system, the first configuration information including configuration information of a first physical uplink control channel (PUCCH) format for feedback), the first configuration information being used to determine a HARQ feedback mode for a first service (Para. [0019]-Ahn discloses the first feedback scheme may be indicated selectively among an ACK/NACK HARQ scheme, NACK-only HARQ scheme, ACK-only HARQ scheme, and no-HARQ scheme through the first configuration information, the first DCI, or a radio resource control (RRC) message controlling scheduling information of the first downlink data. Para. [0174]-Ahn discloses communication node 602 may configure one of the first to fourth feedback schemes to the first communication node 601 through the first configuration information, one or more DCIs and/or an RRC message that controls scheduling information of one or more PDSCHs), the first configuration information is transmitted via radio resource control (RRC) signaling or downlink control information (DCI) scheduling the first service (Para. [0174]-Ahn discloses the second communication node 602 may configure one of the first to fourth feedback schemes to the first communication node 601 through the first configuration information, one or more DCIs and/or an RRC message that controls scheduling information of one or more PDSCHs. Para. [0028]-Ahn discloses the first base station may indicate feedback scheme(s) to a plurality of terminal groups through the first configuration information, a plurality of DCIs scheduling a plurality of downlink data units, or a plurality of radio resource control (RRC) messages controlling scheduling information of the plurality of downlink data units before transmitting the plurality of downlink data units to the plurality of terminal groups. Para. [0075]-Ahn discloses configuration of the RB may refer to a process of specifying characteristics of radio protocol layers and channels required to provide a specific service. (See also Para. [0019])), the HARQ feedback mode for the first service comprises at least one of: a NACK-Only feedback mode, an ACK-or-NACK feedback mode, or No-HARQ feedback (Para. [0019]-Ahn discloses the first feedback scheme may be indicated selectively among an ACK/NACK HARQ scheme, NACK-only HARQ scheme, ACK-only HARQ scheme, and no-HARQ scheme through the first configuration information, the first DCI, or a radio resource control (RRC) message controlling scheduling information of the first downlink data. Fig. 6, Para. [0109]-Ahn discloses the first communication node 601 may transmit a feedback signal notifying the reception failure. The second feedback scheme may be referred to as ‘NACK-only feedback scheme’ or ‘NACK-only HARQ scheme’. Para. [0174]-Ahn discloses If it is identified that the second feedback scheme (i.e., NACK-only HARQ scheme) is configured to the first communication node 601, the first communication node 601 may determine that transmission of a NACK signal only for a signal not normally received in the step S640 is required). Ahn fails to teach the first configuration information comprises a first state value described in at least one related field in the DCI scheduling the first service. However, Yeo teaches the first configuration information comprises a first state value described in at least one related field in the DCI scheduling the first service (Para. [0218-0222]-Yeo discloses downlink control information, for example DCI, may include at least one of the following bit fields ... Threshold distance (threshold value) field. Para. [0124]-Yeo discloses a threshold value (threshold) may be included in the DCI for groupcast, and the threshold value may be used to compare with a distance or received energy for determining whether the terminal transmits HARQ feedback information. For example, if whether to transmit the HARQ feedback information is determined based on the distance, the threshold value may be set, for example, based on a separation distance from the reference location. Para. [0162]-Yeo discloses the terminal may transmit HARQ ACK/NACK for uplink data). Ahn and Yeo are both considered to be analogous to the claimed invention because they are in the same field of wireless communication system technologies, dealing with method and apparatus to transmit/receive a signal. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Ahn to incorporate the teachings of Yeo on HARQ feedback, with a motivation for feedback based on distance threshold, and guarantee efficiently performing feedback scheme configuration and feedback signal transmission and reception, (Yeo, Para. [0008]). Ahn fails to explicitly teach the first state value and a predetermined state table are used to determine the HARQ feedback mode for the first service, wherein the first state value comprises a Transmission Configuration Indicator (TCI) State. However, Kim teaches the first state value and a predetermined state table are used to determine the HARQ feedback mode for the first service (Para. [0398]-Kim discloses when the PUCCHs corresponding to the HARQ response codebook {Corresponding to the predetermined state table} have different TCIs ... the terminal may generate an HARQ response bit string B by concatenating a plurality of HARQ response bit string A in the order of TCIs {Corresponding to the state values}. Para. [0489]-Kim discloses the terminal may use a format of UL control channel for transmitting one UCI bit (e.g., one HARQ response bit). Since the UL control channel is configured with a specific sequence {Corresponding to the HARQ feedback mode}, the base station may consider that the HARQ response is NACK when a specific sequence is detected in the UL control channel. The base station may consider the HARQ response as ACK if the specific sequence is not detected in the UL control channel), the first state value comprises a Transmission Configuration Indicator (TCI) State (Para. [0398]-Kim discloses the terminal may generate an HARQ response bit string B by concatenating a plurality of HARQ response bit string A in the order of TCIs {Corresponding to the state values}). Kim is considered to be analogous because it is in the same field of communication system technologies, dealing with techniques for transmitting hybrid automatic repeat request (HARQ) responses for uplink repetitive transmissions. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Ahn in view of Yeo to incorporate the teachings of Kim on HARQ feedback, with a motivation to determine feedback based on TCI, and guarantee transmitting and receiving a feedback signal in order to efficiently perform feedback scheme configuration and feedback signal transmission and reception, (Ahn, Para. [0008]). Regarding claims 4, 9, 15 and 20, Ahn in view of Yeo and Kim teaches the method according to claim 1 and the method according to claim 7 and the terminal according to claim 12 and the network device according to claim 18 respectively. Ahn further teaches the first configuration information comprises information on the HARQ feedback mode for the first service (Para. [0019]-Ahn discloses the first feedback scheme may be indicated selectively among an ACK/NACK HARQ scheme, NACK-only HARQ scheme, ACK-only HARQ scheme, and no-HARQ scheme through the first configuration information, the first DCI, or a radio resource control (RRC) message controlling scheduling information of the first downlink data). Regarding claims 5, 10 and 16, Ahn in view of Yeo and Kim teaches the method according to claim 1 and the method according to claim 7 and the terminal according to claim 12 respectively. Ahn further teaches the first service comprises a Multimedia Broadcast Multicast Service (MBMS) service (Fig. 4, Para. [0080]-Ahn discloses the MTCH 411 may refer to a logical channel for transmitting multimedia broadcast/multicast service (MBMS) traffic data). Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to the new reference (KIM et al. (US 20200252168 A1)) being used in the current rejection. Conclusion Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure. WU et al. (US 20200100255 A1)-discloses method, a computer-readable medium, and an apparatus may include a receiving UE that is configured to receive at least a portion of a message for a service group, measure a signal strength for the message received, and determine whether to send feedback based on the signal strength measured for the message. In some aspects, a transmitting UE is configured to determine an intended range for a service group, and transmit a message for the service group based, at least in part, on the intended range. In some aspects, the transmitting UE is configured to receive HARQ feedback from at least one receiving UE, measure a signal strength for the HARQ feedback, and determine whether to resend the message based on the signal strength measured for the HARQ feedback…. …Fig. 1-5 LI et al. (CN 107359970 A)-discloses a hybrid automatic repeat request feedback method and relative device, wherein the method comprises: sending first configuration signalling to the terminal device by the network, the first configuration signalling being used for indicating the receiving feedback manner, the receiving feedback manner comprises code group as a unit of sending HARQ feedback, the network device sends the first transmission block to the terminal device, the first transport block comprises at least one code group, terminal device according to the receiving result of the first transmission block by receiving feedback mode corresponding to the first configuration signaling to the network device send HARQ feedback. The solution of the invention can reduce the unnecessary retransmission, saves the system resource and improve the transmission efficiency…. …Fig. 1-5 SHRESTHA et al. (US 20210288756 A1)-discloses Para. [0186-0189]-Shrestha discloses receiving a configuration indicating that HARQ feedback or HARQ retransmission is disabled for one or more HARQ processes of a set of HARQ processes, the HARQ process being included in the set of HARQ processes, wherein the configuration includes the information indicating whether HARQ feedback or HARQ retransmission is disabled for the HARQ process ... the configuration is received via at least one of radio resource control signaling or DCI ... the configuration includes a bitmap indicating, for each HARQ process of the set of HARQ processes, whether HARQ feedback or HARQ retransmission is disabled. Para. [0053]-Shrestha discloses the UE may receive the grant, transmit the uplink communication according to the grant, and selectively monitor for a retransmission grant based at least in part on the HARQ process identifier and information indicating whether HARQ feedback is disabled for the HARQ process…. …Fig. 1-5 Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm. 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 SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. 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. /OLADIRAN GIDEON OLALEYE/Examiner, Art Unit 2472
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Prosecution Timeline

Show 12 earlier events
Jan 12, 2026
Response after Non-Final Action
Feb 10, 2026
Non-Final Rejection mailed — §103
Mar 18, 2026
Response Filed
Apr 03, 2026
Final Rejection mailed — §103
May 28, 2026
Response after Non-Final Action
Jul 01, 2026
Request for Continued Examination
Jul 04, 2026
Response after Non-Final Action
Jul 23, 2026
Non-Final Rejection mailed — §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
75%
Grant Probability
90%
With Interview (+15.4%)
3y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 127 resolved cases by this examiner. Grant probability derived from career allowance rate.

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