Prosecution Insights
Last updated: May 04, 2026
Application No. 18/136,351

METHOD AND DEVICE IN NODES USED FOR WIRELESS COMMUNICATION

Non-Final OA §103
Filed
Apr 19, 2023
Priority
Oct 22, 2020 — CN 202011137665.9 +2 more
Examiner
WILLIAMS, TRACY L
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Apogee Networks, LLC
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
17 granted / 19 resolved
+31.5% vs TC avg
Minimal -3% lift
Without
With
+-3.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
25 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/11/2026 has been entered. Response to Amendment The following is an office action in response to applicant’s amendment filed on 03/11/2026 for response of the final office action mailed on 12/10/2025. Independent Claims 1, 8, and 14 and dependent Claims 2-7, 9-11, 13 and 15-17, and 19-20 are amended. Claims 1-20 are pending in the application. Reference Han (US 20180199336 A1), previously cited in final office action mailed 12/10/2025, is added to PTO-892 Form - Notice of References Cited for record clarity. Applicant’s amendments to Claims 1-2 and 9 have overcome each and every objection set forth in the office action mailed 12/10/2025. However, there are new objections to Claims 1-20 as discussed herein. Response to Arguments Applicant’s arguments with respect to independent Claims 1, 8 and 14 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 Objections Claims 1-7 are objected to because of the following informalities: Claim 1, line 6 and Claim 14, line 3, “the uplink control information” should read - - - uplink control information (UCI) - - - as disclosed throughout the specification for alignment. Claims 2-7 and 15-20 are objected to by virtue of their dependency on Claims 1 and 14 respectively. Appropriate correction is required. 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 non-obviousness. Claims 1-4, 7-11, 14-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over WU et al. (US 20220104242 A1), hereinafter WU in view of AKKARAKARAN et al. (US 20220393828 A1), hereinafter AKKARAKARAN. Regarding Claim 1, WU teaches a user equipment (UE) (WU, FIG. 1, UE 101; FIG. 16, device 16), comprising: a transceiver (WU, transceiver, FIG. 14, sending module/ FIG. 15, receiving module 1501); and a processor (WU, processor, FIG. 16, 1601), wherein the transceiver and the processor are configured to: receive information indicating time-frequency resources (WU, ¶0053 UE [receives] a time domain resource [from the network device] . . . via dynamically activated time domain resource through DCI . . . and the DCI dynamically indicates a frequency domain resource that can be used by the UE on the time domain resource), generate the uplink control information based on a first set of bits and a second set of bits (WU, ¶0057, UCI information carried on the CG-PUSCH may include first UCI in addition to the CG-UCI [and] [t]he first UCI (“first sets of bits”) includes one or more of the following information: HARQ information, a CSI Part 1 and a CSI Part 2, interpreted as “UCI based on sets of bits”; ¶0086, ¶0112, the second uplink control information (“second set of bits”);¶0004 transmit UCI that may include CG-UCI, HARQ, CSI Part 1 and CSI Part 2), determine a first number based on at least one of: a number of bits of the first set of bits or a number of bits of the second set of bits. . . [and] comparing the first number with a threshold (WU, ¶0086, the number of bits of the HARQ information is greater than a preset threshold; see also ¶0112; ¶0127), and transmit uplink control information in the time- frequency resources (WU, ¶0007, mapping target UCI to a PUSCH, [where the PUSCH is transmitted] [and] . . . ¶0008 sending the PUSCH). WU further teaches to determine whether to jointly encode or separately encode the first set of bits and the second set of bits (WU ¶0064, the four types of UCI information, the CG-UCI, HARQ, CSI Part 1 and CSI Part 2, (“sets of bits”) are encoded independently . . . [and UE can determine] when it is necessary to transmit three or less of the four types of UCI information, i.e. “determine whether to separately encode”; see also ¶0058, the HARQ information includes: HARQ positive acknowledgement (ACK) or HARQ negative acknowledgement (NACK). In an embodiment, the CG-UCI can be encoded independently). WU does not explicitly teach to [determine whether to jointly encode or separately encode the first set of bits and the second set of bits] based on comparing the first number with a threshold. However, in the analogous art, AKKARAKARAN explicitly discloses determine whether to jointly encode or separately encode the first set of bits and the second set of bits based on comparing the first number with a threshold (AKKARAKARAN, FIG. 8, at 802 determine a bit size of a UCI, i.e. the “first number” ; at 804 compare the bit size of UCI with a threshold based on the size of a payload; if at 806, the UCI bit size is less than the threshold value at 810 combine (“jointly encode”) the UCI with the payload). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information with AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system. The motivation would be to advance and enhance the user experience as demand for efficient information transmission and mobile broadband access [AKKARAKARAN, ¶0003]. Regarding Claim 2, WU and AKKARAKARAN teaches Claim 1. WU further teaches the threshold is two (WU, ¶0086, the preset threshold may be 2 bits, ie “is two”). WU does not explicitly teach the first number is a sum of the number of bits of the first set of bits and the number of bits of the second set of bits. However, in the analogous art, AKKARAKARAN explicitly discloses the first number is a sum of the number of bits of the first set of bits and the number of bits of the second set of bits (AKKARAKARAN, FIG. 8, at 802 determine a bit size of UCI; ¶0124, a bit size of a UCI is the number of UCI bits, i.e. the “first number”). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information with AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system. The motivation would be to advance and enhance the user experience as demand for efficient information transmission and mobile broadband access [AKKARAKARAN, ¶0003]. Regarding Claim 3, WU and AKKARAKARAN teach Claim 2. WU does not explicitly teach on a condition that the first number is equal to or less than the threshold, the first set of bits and the second set of bits are jointly encoded in the uplink control information, and wherein on a condition that the first number is greater than the threshold, the first set of bits and the second set of bits are separately encoded. However, in the analogous art, AKKARAKARAN explicitly discloses on a condition that the first number is equal to or less than the threshold, the first set of bits and the second set of bits are jointly encoded in the uplink control information, and wherein on a condition that the first number is greater than the threshold, the first set of bits and the second set of bits are separately encoded (AKKARAKARAN, FIG. 8, at 802 determine a bit size of a UCI (“the first number”/”sum”); at 804 compare the bit size of UCI with a threshold based on the size of a payload; if at 806, the UCI bit size is less than the threshold value at 810 combine (“jointly encode”) the UCI with the payload [and] if at 806, the UCI bit size is greater than the threshold value. . .the UCI is transmitted at the next available opportunity (“separately encoded”). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information with AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system. The motivation would be to advance and enhance the user experience as demand for efficient information transmission and mobile broadband access [AKKARAKARAN, ¶0003]. Regarding Claim 4, WU and AKKARAKARAN teach Claim 3. WU does not explicitly teach on a condition that the first number is equal to or less than the threshold, the first set of bits and the second set of bits are sequence modulated. However, in the analogous art, AKKARAKARAN explicitly discloses on a condition that the first number is equal to or less than the threshold, the first set of bits and the second set of bits are sequence modulated (AKKARAKARAN, ¶0067, log.sub.2(N) bits of uplink control information (UCI) can be communicated using specific DMRS sequences [and] ¶0132 he DMRS information 554 may include a look-up table having particular UCI information and/or particular combinations of UCI information that correspond to each of the N known DMRS sequences). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information with AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system. The motivation would be to advance and enhance the user experience as demand for efficient information transmission and mobile broadband access [AKKARAKARAN, ¶0003]. Regarding Claim 7, WU and AKKARAKARAN teach Claim 1. WU further the second set of bits includes Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) bits (WU, ¶0086, ¶0112, the second uplink control information (“second set of bits”) includes HARQ information; see also ¶0058 the HARQ information includes: HARQ positive acknowledgement (ACK)) and the first set of bits includes Scheduling Request (SR) bits (WU, ¶0156, the first uplink control information further includes at least one of first indication information and second indication information . . . and the second indication information is used to indicate whether uplink scheduling request information is included, “scheduling request bits”). WU does not explicitly teach on a condition that the number of bits of the second set of bits less than or equal to the threshold, the first set of bits and all or a portion of the second set of bits are jointly encoded, and on a condition that the number of bits of the second set of bits is greater than the threshold, the first set of bits and the second set of bits are separately encoded. However, in the analogous art, AKKARAKARAN explicitly discloses on a condition that the number of bits of the second set of bits less than or equal to the threshold, the first set of bits and all or a portion of the second set of bits are jointly encoded, and on a condition that the number of bits of the second set of bits is greater than the threshold, the first set of bits and the second set of bits are separately encoded AKKARAKARAN, FIG. 8, at 802 determine a bit size of a UCI (“the first number”/”sum”); at 804 compare the bit size of UCI with a threshold based on the size of a payload; if at 806, the UCI bit size is less than the threshold value at 810 combine (“jointly encode”) the UCI with the payload [and] if at 806, the UCI bit size is greater than the threshold value. . .the UCI is transmitted at the next available opportunity (“separately encoded”). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information with AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system. The motivation would be to advance and enhance the user experience as demand for efficient information transmission and mobile broadband access [AKKARAKARAN, ¶0003]. Regarding Claims 8-11, the claims disclose similar features of Claims 1-4 respectively and are rejected based on the same rationales of Claims 1-4 (a base station, WU, ¶0053, network device 102). Regarding Claims 14-17, the claims disclose similar features of Claims 1-4 and are rejected based on the same rationales of Claims 1-4, in method form (WU, ¶0052 transmission method for uplink control information (UCI) performed by the UE 101). Regarding Claim 20, the claim discloses similar features of Claim 7 and is rejected based on the same rationales of Claim 7. Claims 5-6, 12-13 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over WU in view of AKKARAKARAN, (as cited in Claim 1) and further in view of YIN et al. (US 20230379916 A1), hereinafter YIN. Regarding Claim 5, WU and AKKARAKARAN teach Claim 4. WU further teaches a physical uplink control channel (PUCCH) (WU, ¶0056 a PUCCH in the time domain). WU does not explicitly teach the time-frequency resources are reserved for a physical uplink control channel (PUCCH), and uplink control information is transmitted on the PUCCH. However, in the analogous art, AKKARAKARAN explicitly discloses the time-frequency resources are reserved for a physical uplink control channel (PUCCH), the uplink control information is transmitted on the PUCCH (AKKARAKARAN, ¶0057 the transmitting device (e.g., the scheduled entity 106) may utilize one or more REs 306 (“time-frequency resources”) to carry UL control information 118 including one or more UL control channels, such as a physical uplink control channel (PUCCH), to the scheduling entity 108). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information with AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system. The motivation would be to advance and enhance the user experience as demand for efficient information transmission and mobile broadband access [AKKARAKARAN, ¶0003]. WU and AKKARAKARAN do not explicitly teach the PUCCH is PUCCH format 1, PUCCH format 2, PUCCH format 3, or PUCCH format 4. However, in the analogous art, YIN explicitly discloses the PUCCH is PUCCH format 1, PUCCH format 2, PUCCH format 3, or PUCCH format 4 (YIN, Abstract; disclosed throughout, joint coding and multiplexing of HARQ-ACK with different priorities on PUCCH format 2, PUCCH format 3 OR PUCCH format 4), Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information and AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system with YIN’s methods for HARQ-ACK multiplexing for both high priority HARQ-ACK and low priority HARQ-ACK. The motivation would be to keep sequence based PUCCH for reliability and resource efficiency [YIN, ¶0041]. Regarding Claim 6, WU and AKKARAKARAN and YIN teach Claim 5. WU further teaches the first set of bits includes HARQ-ACK bits (WU, ¶0004-0005, ¶0057-0058 [t]he first UCI/ “first set of bits”, includes one or more of the following information: HARQ information, . . . the HARQ information includes: HARQ positive acknowledgement (ACK), “HARQ-ACK bits” ). . . and the second set of bits includes HARCK-ACK bits (WU, ¶0086, ¶0112, the second uplink control information (“second set of bits” includes HARQ information). WU does not explicitly teach the first set of bits includes Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ-ACK) bits having a first priority index, and the second set of bits includes HARQ-ACK bits having a second priority index. However, in the analogous art AKKARAKARAN explicitly discloses the first set of bits includes Hybrid Automatic Repeat reQuest ACKnowledgement (HARQ- ACK) bits having a first priority index, and the second set of bits includes HARQ- ACK bits having a second priority index (AKKARAKARAN, ¶0077, ¶0105, the priority of the UCI may be a function of the type of UCI . . .[and] the priority may be determined by characteristics of the UCI, including number of bits, whether the UCI includes a CSI, an ACK, a NACK, and/or an SR. . . a 1-bit UCI may have a relatively higher priority established by the number of bits of the UCI, whereas a 2-bit ACK may have a relatively lower priority due to having a greater number of bits). (See also YIN, FIG. 8; multiplexing of HARQ-ACK with a low priority index and high priority index / ¶0095 different priorities.) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WU’s transmission device and method for uplink control information and YIN’s methods for HARQ-ACK multiplexing for both high priority HARQ-ACK and low priority HARQ-ACK with AKKARAKARAN’s systems and methods for transmitting uplink control information (UCI) in a wireless communication system. The motivation would be to advance and enhance the user experience as demand for efficient information transmission and mobile broadband access [AKKARAKARAN, ¶0003]. Regarding Claims 12-13, the claims disclose similar features of Claims 5-6 respectively and are rejected based on the same rationales of Claims 5-6 (a base station, WU, ¶0053, network device 102). Regarding Claims 18-19, the claims disclose similar features of Claims 5-6 and are rejected based on the same rationales of Claims 5-6, in method form (WU, ¶0052 transmission method for uplink control information (UCI) performed by the UE 101). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L WILLIAMS whose telephone number is 571-270-7694. The examiner can normally be reached Mon - Fri 8:30-5:30. 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, Ayman Abaza can be reached at 571-270-0422. 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. /TRACY L WILLIAMS/Examiner, Art Unit 2465 /AYMAN A ABAZA/Primary Examiner, Art Unit 2465
Read full office action

Prosecution Timeline

Apr 19, 2023
Application Filed
May 30, 2025
Non-Final Rejection — §103
Sep 04, 2025
Response Filed
Dec 07, 2025
Final Rejection — §103
Mar 11, 2026
Request for Continued Examination
Mar 13, 2026
Response after Non-Final Action
Apr 17, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
86%
With Interview (-3.4%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 19 resolved cases by this examiner. Grant probability derived from career allowance rate.

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