Prosecution Insights
Last updated: May 29, 2026
Application No. 18/183,835

RATELESS POLAR CODES

Non-Final OA §103
Filed
Mar 14, 2023
Examiner
LIU, SHU
Art Unit
2417
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
100%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
2 granted / 2 resolved
+42.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
45
Total Applications
across all art units

Statute-Specific Performance

§103
99.0%
+59.0% vs TC avg
§102
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/16/2026 has been entered. Response to Amendment The amendment filed January 16, 2026 has been accepted and entered. Accordingly, claims 1-2, 4, 5, 10-12, 22-24, 27 and 31 are amended. Claims 1-29 and 31 are pending in this application. Response to Arguments Applicant’s arguments with respect to the claims 1, 4, 11, 23 and 27 have been considered but are moot because the new ground of rejection relies on the references not applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claims 1-2, 6, 9-10, 23-24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li) in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya) and Li et al. (US20190207720A1, hereinafter Li720). For claim 1, Li teaches a method for wireless communication at a first wireless device ([Para. 0005], improved methods, devices that support hybrid automatic repeat request (HARQ) processing of polar codes with parity check bits), comprising: transmitting, via a channel between the first wireless device and a second wireless device ([Para. 0095] and [FIG. 6], at 615, the encoding device (e.g., UE 115-b) may transmit the first set of encoded bits to a device (e.g., a decoding device, such as base station 105-b) over a wireless channel), a codeword corresponding to a plurality of information bits encoded using a polar code ([Para. 0094], at 605, an encoding device (e.g., UE 115-b) may determine a first set of parity check bits based on an information bit vector. At 610, the encoding device may generate a first set of encoded bits for transmission. The encoding device may map the information vector to a first set of polarized bit channels of a first polar code. [Para. [0088], the transmitting device generates a codeword of the block length M). Although teach transmitting codeword encoded using a polar code and retransmitting a subset of information bits based on identifying a failure of the initial transmission ([Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful. [Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. The second set of bits may include a second bit vector 420-a. The additional part of this bit vector (i.e., bit vector 420-a) may include one or more copied information bits 435 from the bit vector 415-a), Li does not explicitly disclose and transmitting, via the channel and independently of the polar code, a subset of the plurality of information bits based at least in part on identifying a failure of the second wireless device to decode the codeword to obtain the plurality of information bits. Xu is directed to providing techniques for a hybrid automatic repeat request (harq) mechanism with polar codes. More specifically, Xu teaches and transmitting, via the channel and independently of the polar code, a subset of the plurality of information bits based at least in part on identifying a failure of the second wireless device to decode the codeword to obtain the plurality of information bits ([Para. 0057], The information bits are transmitted on the best sub-channels and the frozen bits are transmitted in the worst sub-channels. [Para. 0065], To take advantage of the Reed-Muller codes, it is possible to select the rows for polar codes by considering both the bit error probability and minimum Hamming distance, referred to as “enhanced” polar codes. [Para. 0066] and [FIG. 6], UE 104 may transmit a first information block 611 to a receiver (e.g., base station 102) [Examiner’s Note: Transmission is the channel between the UE and base station which is the same channel as Li]. First information block 611 may be shown to include CRC bits 612, sub-block A 614, sub-block B 616, and/or frozen bits 618. The first information block 611 may be encoded using polar codes to obtain a codeword 619 [Examiner’s Note: Sub-block A 614, sub-block B 616 are information bits]. [Para. 0067], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620). [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission]. It should be noted that second codeword 629 is different from first codeword 619. Additionally, second codeword 629 is an enhanced polar code, e.g., first enhanced polar code 629, instead of a polar code used that is used for obtaining the first codeword 619 of FIG. 6. [Para. 0069], Further, the size of sub-block B 622 of second information block 621 may be smaller than the size of the information bits transmitted in the first transmission 610 [Examiner’s Note: The second polar code is an enhanced polar code considering both the bit error probability and minimum Hamming distance, resulting in different generator matrix. It is independent of the first polar code with a different generator matrix]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, so that the subset of information bits are retransmitted in a codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). Although teaching transmitting a subset of the plurality of information bits, Li and Xu do not explicitly disclose wherein a quantity of the subset of the plurality of information bits is determined based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel. Moriya is directed to providing encoding and decoding method, decoding method, apparatuses therefor and program. More specifically, Moriya teaches wherein a quantity of the subset of the plurality of information bits is determined based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel ([Para. 0036] and [FIG. 2], the coding section 212-m obtains a monaural code that is a code representing a mixed signal of digital sound signals of two channels, and an extension code that can represent the input digital sound signals of two channels when the extension code is used in addition to the monaural code. Specifically, the extension code obtained by the coding section 212-m is the code whereby any of the decoded digital sound signals of the two channels cannot be obtained when only the extension code is used. [Para. 0042] and [FIG. 1-2], the coding scheme, whose bit rate of the extension code is equal to or smaller than a value obtained by subtracting the bit rate of the monaural code from the communication capacity of the fixed transmission path 400-m, is required to be used for the coding sections 212-m of all sound signal fixed transmission side units 210-m as the coding scheme [Examiner’s Note: The monaural code represents the quantity of information bits and the extension code the additional information bits. The relationship between monaural code and extension code represents code rate. The bit rate of monaural code is required to be equal to or smaller than a value obtained by subtracting the bit rate of the extension code from the communication capacity. The monaural code needs to meet the requirement]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li and Xu, so that the quantity of the essential information bits is required to meet such condition that the sum of the bit rates of the essential information bits and additional information bits is equal to or less than the channel capacity, as taught by Moriya. The modification would have reduced the degradation of the signal quality (Moriya [Para. 0007]). Although teach transmitting a set of information bits in a polar code and retransmitting a subset of the information bits based on failure of decoding by the receiving device, and determining the quantity of the information bits of the subset, Li, Xu and Moriya do not explicitly disclose wherein the subset of the plurality of information bits are selected according to the quantity and an order of a likelihood of error associated with a plurality of bit-channels used for encoding the plurality of information bits according to the polar code. Li720 is directed to providing polar code retransmission method and apparatus. More specifically, Li720 teaches and wherein the subset of the plurality of information bits are selected according to the quantity and an order of a likelihood of error associated with a plurality of bit-channels used for encoding the plurality of information bits according to the polar code ([Para. 0072], the transmit device determines a quantity Km of information bits that need to be transmitted, and then selects corresponding Km information bits to perform transmission. [Examiner’s Note: The information bits for the m-th retransmission are selected based on the quantity of information bits]. [Para. 0101], during each retransmission, the Km information bits may be mapped to the Km polar channels ranked in descending order of reliability. [Para. 0102], FIG. 3 is a schematic flowchart of another polar code retransmission method. [Para. 0103], before the first data transmission, the transmit device may separately calculate reliability of 16 polar channels, and sort the 16 polar channels from left to right in descending order of reliability. [Para. 0104], during the first data transmission, the transmit device may determine 12 information bits, ... add sequence numbers corresponding to 12 polar channels that have highest reliability rankings into a set A1. [Para. 0105], during the second data transmission, the transmit device may add sequence numbers corresponding to six polar channels that have highest reliability rankings into a set A2, and further determine information bits mapped to A1\A2={ai|ai∈A1, ai∉A2} channels during the first data transmission, that is, u7, u8, u9, u10, u11, and u12. … for transmission [Examiner’s Note: The bits that are transmitted in the channels ordered with the lowest reliabilities in the first transmission are selected in the first retransmission]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu and Moriya, so that the sending device may select information bits for retransmission according to the order of reliability for the first transmission, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). For claim 2, Li, Xu, Moriya and Li720 teach the method of claim 1. The references further teach further comprising: receiving, from the second wireless device (Li [Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful), signaling indicating the failure of the second wireless device to decode the codeword (Li [Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful. This indication may be an example of a NACK. Li [Para. 0100], at 640, the encoding device (e.g., UE 115-b) may transmit the second set of encoded bits to the decoding device (e.g., base station 105-b) over the wireless channel), wherein identifying the failure is based at least in part on receiving the signaling (Li [Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful. This indication may be an example of a NACK). For claim 6, Li, Xu, Moriya and Li720 teach the method of claim 1. The references further teach further comprising: encoding the subset of the plurality of information bits using a second code that is different from the polar code to generate a second codeword (Xu [Para. 0065], To take advantage of the Reed-Muller codes, it is possible to select the rows for polar codes by considering both the bit error probability and minimum Hamming distance, referred to as “enhanced” polar codes. Xu [Para. 0066] and [FIG. 6], UE 104 may transmit a first information block 611 to a receiver (e.g., base station 102). First information block 611 may be shown to include CRC bits 612, sub-block A 614, sub-block B 616, and/or frozen bits 618. The first information block 611 may be encoded using polar codes to obtain a codeword 619. Xu [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission]. It should be noted that second codeword 629 is different from first codeword 619. Additionally, second codeword 629 is an enhanced polar code, e.g., first enhanced polar code 629, instead of a polar code used that is used for obtaining the first codeword 619 of FIG. 6. Xu [Para. 0069], Further, the size of sub-block B 622 of second information block 621 may be smaller than the size of the information bits transmitted in the first transmission 610 [Examiner’s Note: The second polar code is an enhanced polar code considering both the bit error probability and minimum Hamming distance, resulting in different generator matrix. It is independent of the first polar code with a different generator matrix]), wherein transmitting the subset of the plurality of information bits further comprises transmitting the second codeword (Xu [Para. 0067] and [FIG. 6], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620) [Examiner’s Note: Retransmission transmits the second codeword 629]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Moriya and Li720, so that the subset of information bits are retransmitted in a codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). For claim 9, Li, Xu, Moriya and Li720 teach the method of claim 1. The references further teach wherein: each of the subset of the plurality of information bits are encoded using the polar code with a respective subset of the plurality of bit-channels (Li720 [Para. 0064], The wireless communications sending apparatus may encode each code block by using a polar encoder. Li720 [Para. 0077], That the transmit device needs to perform the mth data transmission means that after the (m−1)th data transmission is performed, the transmit device needs to perform the mth data transmission after a receive device fails to decode data transmitted during the (m−1)th transmission. Li720 [Para. 0088], a code rate of the first data transmission is R, and a code rate of the mth data transmission is R/m. Li720 [Para. 0105] and [FIG. 3], During the second data transmission, the transmit device may add, based on a code rate R/2 of the second data transmission, sequence numbers corresponding to six polar channels that have highest reliability rankings into a set A2, and further determine information bits mapped to A1\A2={ai|ai∈A1,ai∉A2} channels during the first data transmission, that is, u7, u8, u9, u10, u11, and u12. The information bits u7, u8, u9, u10, u11, and u12 are separately mapped to the polar channels represented by the set A2 for transmission [Examiner’s Note: Information bits in A1\A2 constitute the subset]); and each of the subset of the plurality of bit-channels are associated with a higher likelihood of error than a second subset of the plurality of bit-channels that is disjoint from the subset of the plurality of bit-channels (Li720 [Para. 0103] and [FIG. 3], Before the first data transmission, the transmit device may separately calculate reliability of 16 polar channels, and sort the 16 polar channels from left to right in descending order of reliability. Li720 [Para. 0104], During the first data transmission, the transmit device may determine 12 information bits based on a code rate R of the first data transmission, add sequence numbers corresponding to 12 polar channels that have highest reliability rankings into a set A1, and respectively transmit, on the 12 polar channels represented by the set A1, the 12 information bits: u1, u2, . . . , and u12. Li720 [Para. 0105], During the second data transmission, the transmit device may add, based on a code rate R/2 of the second data transmission, sequence numbers corresponding to six polar channels that have highest reliability rankings into a set A2, and further determine information bits mapped to A1\A2={ai|ai∈A1,ai∉A2} channels during the first data transmission, that is, u7, u8, u9, u10, u11, and u12. The information bits u7, u8, u9, u10, u11, and u12 are separately mapped to the polar channels represented by the set A2 for transmission [Examiner’s Note: A2 is the second subset. A1\A2 and A2 are disjoint]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Yang, so that the information bits in the reliable channel bits in the initial transmission are not the second transmission, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). For claim 10, Li, Xu, Moriya and Li720 teach the method of claim 1. The references further teach further comprising: transmitting, after transmitting the subset of the plurality of information bits and independently of the polar code (Xu [Para. 0066] and [FIG. 6], First information block 611 may be shown to include CRC bits 612, sub-block A 614, sub-block B 616, and/or frozen bits 618. The first information block 611 may be encoded using polar codes to obtain a codeword 619. Xu [Para. 0067], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620). Xu [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission]. It should be noted that second codeword 629 is different from first codeword 619. Additionally, second codeword 629 is an enhanced polar code, e.g., first enhanced polar code 629, instead of a polar code used that is used for obtaining the first codeword 619 of FIG. 6), a second subset of the plurality of information bits based at least in part on identifying a second failure of the second wireless device to decode the codeword to obtain the plurality of information bits (Xu [Para. 0066] and [FIG. 6], First information block 611 may be shown to include CRC bits 612, sub-block A 614, sub-block B 616, and/or frozen bits 618. The first information block 611 may be encoded using polar codes to obtain a codeword 619. Xu [Para. 0067], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620). Xu [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, so that the subset of information bits are retransmitted in a codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). The references further teach wherein the second subset of the plurality of information bits are selected based at least in part on the order of the likelihood of error, the subset of the plurality of information bits, or a combination thereof (Li720 [Para. 0077], That the transmit device needs to perform the mth data transmission means that after the (m−1)th data transmission is performed, the transmit device needs to perform the mth data transmission after a receive device fails to decode data transmitted during the (m−1)th transmission. Li720 [Para. 0109], If the order of the information bits that need to be transmitted during the first transmission is u1, u2, . . . , and u12, an order of information bits that need to be transmitted during the second transmission is u7, u8, u9, u10, u11, and u12, an order of information bits that need to be transmitted during the third transmission is u5, u6, u11, and u12. [Examiner’s Note: u5 and u6 are based on the first transmission and u11 and u12 are based on the second transmission]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li and Moriya, so that the sending device may retransmit the second subset of bits after failure that are based on the order of reliability of initial bit channels and the second subset, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). For claim 23, Li teaches an apparatus for wireless communication at a first wireless device ([Para. 0148] and [FIG. 14], device 1405 an encoding device such as a base station 105 or a UE 115), comprising: one or more processors ([FIG. 14], processor 1420); one or more memories coupled with the one or more processors ([FIG. 14], memory 1425); and instructions stored in the one or more memories and executable by the one or more processors to cause the apparatus to ([Para. 0149], Processor 1420 may be configured to execute computer-readable instructions stored in a memory): transmit, via a channel between the first wireless device and a second wireless device ([Para. 0095] and [FIG. 6], at 615, the encoding device (e.g., UE 115-b) may transmit the first set of encoded bits to a device (e.g., a decoding device, such as base station 105-b) over a wireless channel), a codeword corresponding to a plurality of information bits encoded using a polar code ([Para. 0094], at 605, an encoding device (e.g., UE 115-b) may determine a first set of parity check bits based on an information bit vector. At 610, the encoding device may generate a first set of encoded bits for transmission. The encoding device may map the information vector to a first set of polarized bit channels of a first polar code. [Para. [0088], the transmitting device generates a codeword of the block length M). Although teach transmitting codeword encoded using a polar code and retransmitting a subset of information bits based on identifying a failure of the initial transmission ([Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful. [Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. The second set of bits may include a second bit vector 420-a. The additional part of this bit vector (i.e., bit vector 420-a) may include one or more copied information bits 435 from the bit vector 415-a), Li does not explicitly disclose and transmit, via the channel and independently of the polar code, a subset of the plurality of information bits based at least in part on identifying a failure of the second wireless device to decode the codeword to obtain the plurality of information bits. Xu is directed to providing techniques for a hybrid automatic repeat request (harq) mechanism with polar codes. More specifically, Xu teaches and transmit, via the channel and independently of the polar code, a subset of the plurality of information bits based at least in part on identifying a failure of the second wireless device to decode the codeword to obtain the plurality of information bits ([Para. 0057], The information bits are transmitted on the best sub-channels and the frozen bits are transmitted in the worst sub-channels. [Para. 0065], To take advantage of the Reed-Muller codes, it is possible to select the rows for polar codes by considering both the bit error probability and minimum Hamming distance, referred to as “enhanced” polar codes. [Para. 0066] and [FIG. 6], UE 104 may transmit a first information block 611 to a receiver (e.g., base station 102) [Examiner’s Note: Transmission is the channel between the UE and base station which is the same channel as Li]. First information block 611 may be shown to include CRC bits 612, sub-block A 614, sub-block B 616, and/or frozen bits 618. The first information block 611 may be encoded using polar codes to obtain a codeword 619 [Examiner’s Note: Sub-block A 614, sub-block B 616 are information bits]. [Para. 0067], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620). [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission]. It should be noted that second codeword 629 is different from first codeword 619. Additionally, second codeword 629 is an enhanced polar code, e.g., first enhanced polar code 629, instead of a polar code used that is used for obtaining the first codeword 619 of FIG. 6. [Para. 0069], Further, the size of sub-block B 622 of second information block 621 may be smaller than the size of the information bits transmitted in the first transmission 610 [Examiner’s Note: The second polar code is an enhanced polar code considering both the bit error probability and minimum Hamming distance, resulting in different generator matrix. It is independent of the first polar code with a different generator matrix]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li, so that the subset of information bits are retransmitted in a codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). Although teaching transmitting a subset of the plurality of information bits, Li and Xu do not explicitly disclose wherein a quantity of the subset of the plurality of information bits is determined based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel. Moriya is directed to providing encoding and decoding method, decoding method, apparatuses therefor and program. More specifically, Moriya teaches wherein a quantity of the subset of the plurality of information bits is determined based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel ([Para. 0036] and [FIG. 2], the coding section 212-m obtains a monaural code that is a code representing a mixed signal of digital sound signals of two channels, and an extension code that can represent the input digital sound signals of two channels when the extension code is used in addition to the monaural code. Specifically, the extension code obtained by the coding section 212-m is the code whereby any of the decoded digital sound signals of the two channels cannot be obtained when only the extension code is used. [Para. 0042] and [FIG. 1-2], the coding scheme, whose bit rate of the extension code is equal to or smaller than a value obtained by subtracting the bit rate of the monaural code from the communication capacity of the fixed transmission path 400-m, is required to be used for the coding sections 212-m of all sound signal fixed transmission side units 210-m as the coding scheme [Examiner’s Note: The monaural code represents the quantity of information bits and the extension code the additional information bits. The relationship between monaural code and extension code represents code rate. The bit rate of monaural code is required to be equal to or smaller than a value obtained by subtracting the bit rate of the extension code from the communication capacity. The monaural code needs to meet the requirement]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li and Xu, so that the quantity of the essential information bits is required to meet such condition that the sum of the bit rates of the essential information bits and additional information bits is equal to or less than the channel capacity, as taught by Moriya. The modification would have reduced the degradation of the signal quality (Moriya [Para. 0007]). Although teach transmitting a set of information bits in a polar code and retransmitting a subset of the information bits in determined quantity based on failure of decoding by the receiving device, and determining the quantity of the information bits of the subset, Li, Xu and Moriya do not explicitly disclose wherein the subset of the plurality of information bits are selected according to the quantity and an order of a likelihood of error associated with a plurality of bit-channels used for encoding the plurality of information bits according to the polar code. Li720 is directed to providing polar code retransmission method and apparatus. More specifically, Li720 teaches wherein the subset of the plurality of information bits are selected according to the quantity and an order of a likelihood of error associated with a plurality of bit-channels used for encoding the plurality of information bits according to the polar code ([Para. 0072], the transmit device determines a quantity Km of information bits that need to be transmitted, and then selects corresponding Km information bits to perform transmission. [Examiner’s Note: The information bits for the m-th retransmission are selected based on the quantity of information bits]. [Para. 0101], during each retransmission, the Km information bits may be mapped to the Km polar channels ranked in descending order of reliability. [Para. 0102], FIG. 3 is a schematic flowchart of another polar code retransmission method. [Para. 0103], before the first data transmission, the transmit device may separately calculate reliability of 16 polar channels, and sort the 16 polar channels from left to right in descending order of reliability. [Para. 0104], during the first data transmission, the transmit device may determine 12 information bits, ... add sequence numbers corresponding to 12 polar channels that have highest reliability rankings into a set A1. [Para. 0105], during the second data transmission, the transmit device may add sequence numbers corresponding to six polar channels that have highest reliability rankings into a set A2, and further determine information bits mapped to A1\A2={ai|ai∈A1, ai∉A2} channels during the first data transmission, that is, u7, u8, u9, u10, u11, and u12. … for transmission [Examiner’s Note: The bits that are transmitted in the channels ordered with the lowest reliabilities in the first transmission are selected in the first retransmission]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li, Xu and Moriya, so that the sending device may select information bits for retransmission according to the order of reliability for the first transmission, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). Claims 24 and 26 are directed to apparatus claims and they do not teach or further define over the limitations recited in claims 2 and 6. Therefore, claims 24 and 26 are also rejected for similar reasons set forth in claims 2 and 6. Claims 3 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li) in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Li et al. (US20190207720A1, hereinafter Li720), and further in view of Abewardana Jayawickrama et al. (US20230089213A1, hereinafter Abewardana Jayawickrama). For claim 3, Li, Xu, Moriya and Li720 teach the method of claim 1. The references further teach wherein identifying the failure is based at least in part on identifying that a capacity of the channel is less than the encoding rate of the codeword transmitted over the channel (Li720 [Para. 0119], the feedback information may include a CQI or an SINR. The CQI is used as an example. There is a mapping table between a CQI and a code rate, so that the code rate may be determined by using the CQI. In other words, an actually allowed code rate on a channel during a previous transmission can be determined from the received feedback information [Examiner’s Note: SINR corresponds to the code rate allowed by channel capacity]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu and Moriya, so that channel capacity is determined by SINR, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). Although teaching SINR and CQI corresponding to the channel capacity, the references do not explicitly disclose wherein identifying the failure is based at least in part on identifying that the capacity of the channel is less than the encoding rate of the codeword transmitted over the channel. Abewardana Jayawickrama is directed to providing radio link adaptation at a transmit and receive point. More specifically, Abewardana Jayawickrama teaches wherein identifying the failure is based at least in part on identifying that the capacity of the channel is less than the encoding rate of the codeword transmitted over the channel ([Para. 0057], the information decoder could be any of: a polar code decoder. [Para. 0059], a cyclic redundancy check (CRC) checksum is calculated. An ACK will be issued when the CRC checksum is a pass, and otherwise (i.e., when the CRC checksum is a fail) a NACK will be issued. [Para. 0066], If the CRC checksum is a fail, the CRC checksum calculator 320 sends an indicator to NACK trigger module 330 to trigger a NACK to be sent and the SINR estimate and MCS to be decremented. [Examiner’s Note: As Li720 teaches, correct SINR corresponds to code rate allowed by channel capacity. Decrementing SINR indicates the code rate is higher than the channel capacity. NACK indicates decrementing SINR. Therefore, NACK indicates that the code rate is higher than the channel capacity]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Moriya and Li720, so that NACK indicates channel capacity being less than the code rate, as taught by Abewardana Jayawickrama. The modification would have allowed the system to avoid lower MCS being picked than what the wireless channel conditions permit at the time of the transmission and is not suitable for transmissions (Abewardana Jayawickrama [Para. 0007 and 0009]). For claim 25 is directed to apparatus claim and it does not teach or further define over the limitations recited in claim 3. Therefore, claim 25 is also rejected for similar reasons set forth in claim 3. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li) in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Li et al. (US20190207720A1, hereinafter Li720) and Abewardana Jayawickrama et al. (US20230089213A1, hereinafter Abewardana Jayawickrama), and further in view of Bin Sediq et al. (US20230239026A1, hereinafter Bin Sediq). For claim 4, Li, Xu, Moriya, Li720 and Abewardana Jayawickrama teach the method of claim 3. The references further teach further comprising: receiving, from the second wireless device, signaling indicating a value of the difference between the capacity of the channel and the rate of the codeword (Li720 [Para. 0119], the feedback information may include a CQI or an SINR. The CQI is used as an example. There is a mapping table between a CQI and a code rate, so that the code rate may be determined by using the CQI. In other words, an actually allowed code rate on a channel during a previous transmission can be determined from the received feedback information [Examiner’s Note: The actually allowed code rate indicates channel capacity. Therefore, SINR is mapped to channel capacity]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu Moriya, and Abewardana Jayawickrama, so that channel capacity is determined by SINR, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). Although teaching SINR and CQI corresponding to the channel capacity, the references do not explicitly disclose further comprising: receiving, from the second wireless device, signaling indicating a value of the difference between the capacity of the channel and the rate of the codeword. Bin Sediq is directed to providing fast outer loop link adaptation. More specifically, Bin Sediq teaches further comprising: receiving, from the second wireless device, signaling indicating a value of the difference between the capacity of the channel and the rate of the codeword ([Para. 0016], If a more aggressive MCS is chosen than what the channel can support, there is a high chance the transmission is not decoded successfully at the wireless device, and the wireless device then reports a negative acknowledgment (NACK). [Para. 0019], an outerloop can be implemented as: SINRest=SINRreported+OLLA, where OLLA is the outerloop correction term update upon reception of HARQ feedbacks (ACK/NACK) [Examiner’s Note: OLLA is the difference between the SINR (SINRreported) to be corrected and correct SINR (SINRest). The SINR to be corrected corresponds to the aggressive MCS. The correct SINR corresponds to the MCS that channel capacity allows. Therefore, the difference in SINR indicates the difference in MCS. The NACK indicates the difference in SINR in outer loop link adaption. Based on the mapping between SINR and code rate in Li720, it is obvious that NACK can indicate the difference in SINR and the difference in SINR indicates the value of difference between code rate and channel capacity]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya Li720, and Abewardana Jayawickrama, so that NACK indicates the difference between coding rate and channel capacity through OLLA mechanism, as taught by Bin Sediq. The modification would have addressed the biased SINR problem (Bin Sediq [Para. 0018 and 0019]). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li) in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Li et al. (US20190207720A1, hereinafter Li720) and Abewardana Jayawickrama et al. (US20230089213A1, hereinafter Abewardana Jayawickrama), and further in view of Chen et al. (US20210099213A1, hereinafter Chen). For claim 5, Li, Xu, Moriya, Li720, and Abewardana Jayawickrama teach the method of claim 3. Although teaching transmitting a set of information bits in a polar code and retransmitting a subset of the information bits based on failure of decoding by the receiving device, Li, Xu, Moriya Li720, and Abewardana Jayawickrama do not explicitly disclose further comprising: receiving, from the second wireless device, signaling indicating an estimation of the channel, wherein identifying the failure is based at least in part on the capacity of the channel corresponding to the estimation of the channel being less than the encoding rate of the codeword. Chen is directed to providing polar coded harq scheme over time-varying channel. More specifically, Chen teaches further comprising: receiving, from the second wireless device ([Para. 0132], a channel estimate described as being obtained by the transmitting device may in some cases be based on a measurement performed by the receiving device, which measurement is then communicated to the transmitting device), signaling indicating an estimation of the channel ([Para. 0132], a channel estimate described as being obtained by the transmitting device may in some cases be based on a measurement performed by the receiving device, which measurement is then communicated to the transmitting device), wherein identifying the failure is based at least in part on the capacity of the channel corresponding to the estimation of the channel being less than the encoding rate of the codeword ([Para. 0134], the receiving device may obtain second channel estimate 720 based on failing to decode the first transmission (e.g., and may communicate the second estimate to the transmitting device). The receiving device may be triggered to analyze one or more channel reference signals based on failing to decode first transmission 715, and may report the updated channel conditions prior to second transmission 725 (e.g., within a message including a NACK for the first transmission). [Para. 0135], a receiving device may communicate a difference between the channel estimate obtained at 710 and the channel estimate obtained at 720 [Examiner’s Note: The difference between the first and second estimates indicates that the second estimated capacity is lower than the first estimated capacity. The encoding rate of the first transmission is based on the first estimated capacity. Thus, the encoding rate of the first transmission may be higher than the second (current) estimated capacity causing the failure of the first transmission]. Second transmission 725 may be based at least in part on second channel estimate 720. [Para. 0130] and [FIG. 6], Encoded bits 640 may undergo rate matching at rate matching 645-b [Examiner’s Note: Rate matching reduces the encoding rate based on the current estimated capacity being less than the encoding rate of the first transmission]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya, Li720, and Abewardana Jayawickrama, so that the channel estimate is signaled to the transmitting device that indicates the channel capacity is less than the transmission rate, as taught by Chen. The modification would have allowed the system to compensate for or prevent the performance loss when there is a large bit SNR difference between transmissions (Chen [Para. 0063]). Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li) in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya) and Li et al. (US20190207720A1, hereinafter Li720), and further in view of Bae et al. (US20230370190A1, hereinafter Bae). For claim 7, Li, Xu, Moriya and Li720 teach the method of claim 6. The references further teach wherein transmitting the second codeword is based at least in part on transmitting the signaling (Li [Para. 0099], at 635, ... the encoding device may map the second set of parity check bits to bit channels of the second set of polarized bit channels of a second polar code. Li [Para. 0100], at 640, the encoding device (e.g., UE 115-b) may transmit the second set of encoded bits to the decoding device (e.g., base station 105-b) over the wireless channel). Although teaching transmitting a set of information bits in a polar code and retransmitting a subset of the information bits based on failure of decoding by the receiving device, and selecting information bits for retransmission according to the order of reliability for the first transmission, Li, Xu, Moriya and Li720 do not explicitly disclose further comprising: transmitting, to the first wireless device, signaling indicating one or more parameters associated with the second code, wherein transmitting the second codeword is based at least in part on transmitting the signaling. Bae is directed to providing method and apparatus for transmitting and receiving of adaptive polar coding configuration. More specifically, Bae teaches further comprising: transmitting, to the first wireless device ([Para. 0133], When the polar coding configuration is determined, the base station … may transmit determined polar decoder configuration information to the UE in operation S320), signaling indicating one or more parameters associated with the second code ([Para. 0017], the configuration information includes information on at least one of a length of a polar code ... or a polar sequence), wherein transmitting the second codeword is based at least in part on transmitting the signaling ([Para. 0157], The UE may decode a signal, based on the polar coding configuration information in operation S940. [Examiner’s Note: The polar coding configuration must be received prior to the transmission of the second codeword so that it can be decoded based on the configuration]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Li720, so that coding parameters for decoding are transmitted to the decoding device before the codeword is transmitted, as taught by Bae. The modification would have allowed the system to avoid decoding high power consumption in decoding if the same parameters are used due to a high computation complexity (Bae [Para. 0009]). For claim 8, Li, Xu, Moriya, Li720 and Bae teach the method of claim 7. The references further teach wherein the one or more parameters comprise a quantity of information bits associated with the second code, a rate of the second code, or both (Li720 [0113], Specifically, the preset coding parameter may be agreed on by the transmit device and the receive device in advance. the preset coding parameter is fixed or is determined according to a specific rule. Li720 [0117], The coding parameter includes one or more parameters of a code length, a code rate, and a quantity of information bits). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Bae, so that coding parameters further include code rate and quantity of information bits, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). Claims 11-12, 15, 18, 21-22 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li), in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Yang et al. (US20210135783A1, hereinafter Yang) and Li et al. (US20190207720A1, hereinafter Li720). For claim 11, Li teaches a method for wireless communication at a first wireless device ([Para. 0005], improved methods, devices that support hybrid automatic repeat request (HARQ) processing of polar codes with parity check bits; base station 105-b is equated as a first wireless device), comprising: receiving, via a channel between the first wireless device and a second wireless device ([Para. 0095], the encoding device (e.g., UE 115-b) may transmit the first set of encoded bits to a device (e.g., a decoding device, such as base station 105-b) over a wireless channel. The decoding device may receive the first set of encoded bits over the channel), a codeword corresponding to a plurality of information bits ([Para. 0094], at 605, an encoding device (e.g., UE 115-b) may determine a first set of parity check bits based on an information bit vector. At 610, the encoding device may generate a first set of encoded bits for transmission. The encoding device may map the information vector to a first set of polarized bit channels of a first polar code); obtaining a first plurality of log likelihood ratios (LLRs) associated with the plurality of information bits based at least in part on performing a first decoding operation on the codeword using a polar code ([Para. 0096], at 620, the decoding device (e.g., base station 105-b) may perform a first decoding operation on the first set of encoded bits according to the first polar code. [Para. 0067], a UE 115 or base station 105 may receive a transmission including a codeword at receiver 315 and may send the transmission to the SCL decoder. The SCL decoder may determine input logarithmic-likelihood ratios (LLRs) for the bit channels of the received codeword. During decoding, the SCL decoder may determine decoded LLR where the decoded LLRs correspond to each bit channel of the polar code. [Examiner's Note: LLRs for the first set are obtained from the transmission of 615 as described in [Para. 0067]]); and performing, on the codeword, a second decoding operation using the polar code and a combination of the first plurality of LLRs and the second plurality of LLRs ([Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. [Para. 0100], The decoding device may receive the second set of encoded bits and may perform a second decoding operation at 645. the decoding operation may involve combining the LLRs for the first set of encoded bits (e.g., received at 615) with the subset of the LLRs for the second set of encoded bits (e.g., received at 640) corresponding to the first set of polarized bit channels). Although teach receiving LLRs of the first codeword and LLRs of the subset of information bits in the second codeword based on identifying a failure of the initial decoding (Li [Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. Li [Para. 0067], a UE 115 or base station 105 may send the received codeword to the SCL decoder. The SCL decoder may determine input logarithmic-likelihood ratios (LLRs) for the bit channels of the received codeword. During decoding, the SCL decoder may determine decoded LLRs where the decoded LLRs correspond to each bit channel of the polar code), Li does not explicitly disclose receiving, via the channel and based at least in part on a failure of the first wireless device to decode the codeword to obtain the plurality of information bits, a second plurality of LLRs corresponding to a subset of the plurality of information bits, the second plurality of LLRs being received independent of the polar code. Xu is directed to providing techniques for a hybrid automatic repeat request (harq) mechanism with polar codes. More specifically, Xu teaches receiving, via the channel and based at least in part on a failure of the first wireless device to decode the codeword to obtain the plurality of information bits ([Para. 0057], The information bits are transmitted on the best sub-channels and the frozen bits are transmitted in the worst sub-channels. [Para. 0066] and [FIG. 6], UE 104 may transmit a first information block 611 to a receiver (e.g., base station 102) [Examiner’s Note: Transmission is the channel between the UE and base station which is the same channel as Li]. First information block 611 may be shown to include CRC bits 612, sub-block A 614, sub-block B 616, and/or frozen bits 618. The first information block 611 may be encoded using polar codes to obtain a codeword 619 [Examiner’s Note: Sub-block A 614, sub-block B 616 are information bits]. [Para. 0067], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620)), a second plurality of LLRs corresponding to a subset of the plurality of information bits ([Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission. As Li teaches in [Para. 0067], the receiver may send the received codeword to the SCL decoder. The SCL decoder may determine input logarithmic-likelihood ratios (LLRs) for the bit channels of the received codeword. During decoding, the SCL decoder may determine decoded LLR where the decoded LLRs correspond to each bit channel of the polar code]), the second plurality of LLRs being received independent of the polar code ([Para. 0065], To take advantage of the Reed-Muller codes, it is possible to select the rows for polar codes by considering both the bit error probability and minimum Hamming distance, referred to as “enhanced” polar codes. [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission]. It should be noted that second codeword 629 is different from first codeword 619. Additionally, second codeword 629 is an enhanced polar code, e.g., first enhanced polar code 629, instead of a polar code used that is used for obtaining the first codeword 619 of FIG. 6. [Para. 0069], Further, the size of sub-block B 622 of second information block 621 may be smaller than the size of the information bits transmitted in the first transmission 610 [Examiner’s Note: The second polar code is an enhanced polar code considering both the bit error probability and minimum Hamming distance, resulting in different generator matrix. It is independent of the first polar code with a different generator matrix. The LLRs obtained as Li teaches in [Para. 0067] from the second codeword using the second polar code is also independent of the first polar code]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, so that the subset of information bits are retransmitted in a codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). Although teach receiving a set of information bits in a polar code and a subset of the information bits in retransmission based on failure of decoding by the receiving device, Li and Xu do not explicitly disclose wherein a quantity of the subset of the plurality of information bits is based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel. Moriya is directed to providing encoding and decoding method, decoding method, apparatuses therefor and program. More specifically, Moriya teaches wherein a quantity of the subset of the plurality of information bits is based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel ([Para. 0036] and [FIG. 2], the coding section 212-m obtains a monaural code that is a code representing a mixed signal of digital sound signals of two channels, and an extension code that can represent the input digital sound signals of two channels when the extension code is used in addition to the monaural code. Specifically, the extension code obtained by the coding section 212-m is the code whereby any of the decoded digital sound signals of the two channels cannot be obtained when only the extension code is used. [Para. 0042] and [FIG. 1-2], the coding scheme, whose bit rate of the extension code is equal to or smaller than a value obtained by subtracting the bit rate of the monaural code from the communication capacity of the fixed transmission path 400-m, is required to be used for the coding sections 212-m of all sound signal fixed transmission side units 210-m as the coding scheme [Examiner’s Note: The monaural code represents the quantity of information bits and the extension code the additional information bits. The relationship between monaural code and extension code represents code rate. The bit rate of monaural code is required to be equal to or smaller than a value obtained by subtracting the bit rate of the extension code from the communication capacity. The monaural code needs to meet the requirement]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li and Xu, so that the quantity of the essential information bits is required to meet such condition that the sum of the bit rates of the essential information bits and additional information bits is equal to or less than the channel capacity, as taught by Moriya. The modification would have reduced the degradation of the signal quality (Moriya [Para. 0007]). Although teach receiving a set of information bits in a polar code and a subset of the information bits in determined quantity in retransmission based on failure of decoding by the receiving device, Li, Xu and Moriya do not explicitly disclose and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code. Yang is directed to providing mutual information based polar code construction. More specifically, Yang teaches and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code ([Para. 0080], the decoder 210 may identify a set of bit locations of the polar code corresponding to information bits of an encoded information bit vector. In some cases, the set of bit locations may be determined based at least in part on a reliability order of the bit locations of the polar code. The decoder 210 may decode the received codeword to obtain the information bit vector at the set of bit locations). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu and Moriya, so that the receiving device may identify the bit locations of the polar code for the corresponding information bits based on the order of reliability associated the bit locations of the polar code in decoding, as taught by Yang. The modification would have enabled the system to efficiently identify the bit locations (Yang [Para. 0115]). Although teach receiving a set of information bits in a polar code and a subset of the information bits in determined quantity in retransmission based on failure of decoding by the receiving device, and identifying the information bits in the subset by the order of reliability, Li, Xu, Moriya and Yang do not explicitly disclose and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code. Li720 is directed to providing polar code retransmission method and apparatus. More specifically, Li720 teaches and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code ([Para. 0103], before the first data transmission, the transmit device may separately calculate reliability of 16 polar channels, and sort the 16 polar channels from left to right in descending order of reliability. [Para. 0128], during each data transmission, Km polar channels are directly determined by using the same polar channel sequence, and received data is directly decoded on the Km polar channels, without recalculating reliability of the polar channels before each reception of data retransmitted by a transmit device). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Yang, so that the same order of reliability is used for decoding retransmission, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). For claim 12, Li, Xu, Moriya, Yang and Li720 teach the method of claim 11. The references further teach further comprising: transmitting, to the second wireless device, (Li [Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful), signaling indicating the failure of the first wireless device to decode the codeword (Li [para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful. This indication may be an example of a NACK. The encoding device may receive the NACK and may determine to retransmit the encoded information bit vector based on the HARQ operation), wherein receiving the second plurality of LLRs is based at least in part on transmitting the signaling (Li [Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful. This indication may be an example of a NACK. Li [Para. 0100], at 640, the encoding device (e.g., UE 115-b) may transmit the second set of encoded bits to the decoding device (e.g., base station 105-b) over the wireless channel. Li [Para. 0067], During decoding, the SCL decoder may determine decoded LLRs…where the decoded LLRs correspond to each bit channel of the polar code. Li [Para. 0100], The decoding device may receive the second set of encoded bits and may perform a second decoding operation at 645. The decoding operation may involve combining the LLRs for the first set of encoded bits (e.g., received at 615) with the subset of the LLRs for the second set of encoded bits (e.g., received at 640) corresponding to the first set of polarized bit channels). For claim 15, Li, Xu, Moriya, Yang and Li720 teach the method of claim 11. The references further teach further comprising: decoding, using a second code that is different from the polar code (Xu [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624. It should be noted that second codeword 629 is different from first codeword 619. Additionally, second codeword 629 is an enhanced polar code, e.g., first enhanced polar code 629, instead of a polar code used that is used for obtaining the first codeword 619 of FIG. 6), a second codeword to obtain the second plurality of LLRs (Li [Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. Li [Para. 0100], The decoding device may receive the second set of encoded bits and may perform a second decoding operation at 645. Li [Para. 0067], During decoding, the SCL decoder may determine decoded LLRs where the decoded LLRs correspond to each bit channel of the polar code), wherein receiving the second plurality of LLRs further comprises receiving the second codeword (Li [Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. Li [Para. 0100], The decoding device may receive the second set of encoded bits and may perform a second decoding operation at 645. Li [Para. 0067], During decoding, the SCL decoder may determine decoded LLRs where the decoded LLRs correspond to each bit channel of the polar code). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Moriya, Yang and Li720, so that the subset of information bits are retransmitted in a codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). For claim 18, Li, Xu, Moriya, Yang and Li720 teach the method of claim 11. The references further teach further comprising: combining the second plurality of LLRs with a subset of the first plurality of LLRs to obtain a third plurality of LLRs (Li [Para. 0100], the decoding operation may involve combining the LLRs for the first set of encoded bits (e.g., received at 615) with the subset of the LLRs for the second set of encoded bits (e.g., received at 640) corresponding to the first set of polarized bit channels [Examiner’s Note: Combining the two LLRs form the third LLRs]), wherein each LLR in the subset of the first plurality of LLRs corresponds to an information bit in the subset of the plurality of information bits (Li [0094], At 610, the encoding device may generate a first set of encoded bits for transmission. The encoding device may map the information vector to a first set of polarized bit channels of a first polar code. Li [0067], During decoding, the SCL decoder may determine decoded LLRs..., where the decoded LLRs correspond to each bit channel of the polar code), and wherein performing the second decoding operation is based at least in part on the combining (Li [Para. 0100], the decoding operation may involve combining the LLRs for the first set of encoded bits (e.g., received at 615) with the subset of the LLRs for the second set of encoded bits (e.g., received at 640) corresponding to the first set of polarized bit channels). Claim 21 is directed to apparatus claim and it does not teach or further define over the limitations recited in claim 9. Therefore, claim 21 is also rejected for similar reasons set forth in claim 9. For claim 22, Li, Xu, Moriya, Yang and Li720 teach the method of claim 11. The references further teach further comprising: receiving, after receiving the subset of the plurality of information bits and based at least in part on a second failure of the first wireless device to decode the codeword to obtain the plurality of information bits (Xu [Para. 0070], On the receiving end, the receiver (e.g., base station 102) may decode the second codeword 629. If the receiver is not able to successfully decode the second codeword 629 or the first codeword 619, UE 104 may receive a NACK message from the receiver, and the UE 104 may attempt a re-transmission by sending another transmission, e.g., a third transmission 630), a second subset of the plurality of information bits corresponding to a respective third plurality of LLRs that are independent of the polar code (Xu [Para. 0071] and [FIG. 6], In a third transmission 630, a third information block 631 encoded as a third codeword 639, a second enhanced polar code 639, is shown to include sub-block C 632 and frozen bits 634. Third information block 631 is transmitted as one information block 631 or enhanced polar code 639, they are shown to separately include sub-block C 632 and frozen bits 634, etc. It should be noted that the third codeword 639 is different from first codeword 619 and/or second codeword 629. Additionally, the third codeword 639 is an enhanced polar code. Further, the size of sub-block C 632 of third information block 631 is smaller than the size of the sub-block B 622 of the second information block 621. Li [Para. 0067], a UE 115 or base station 105 may receive a transmission including a codeword at receiver 315 and may send the transmission to the SCL decoder. During decoding, the SCL decoder may determine decoded LLRs). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li, Moriya, Yang and Li720, so that the subset of information bits are retransmitted in the third codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). The references further teach wherein a second index associated with each information bit in the second subset of the plurality of information bits is identified based at least in part on the order of the likelihood of error, the subset of the plurality of information bits, or a combination thereof (Li720 [Para. 0109], If the order of the information bits that need to be transmitted during the first transmission is u1, u2, . . . , and u12, an order of information bits that need to be transmitted during the second transmission is u7, u8, u9, u10, u11, and u12, an order of information bits that need to be transmitted during the third transmission is u5, u6, u11, and u12. [Examiner’s Note: u5 and u6 are based on the first transmission and u11 and u12 are based on the second transmission]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Yang, so that the sending device may retransmit the second subset of bits after failure that are based on the order of reliability of initial bit channels and the second subset, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). The references further teach wherein a second index associated with each information bit in the second subset of the plurality of information bits is identified based at least in part on the order of the likelihood of error, the subset of the plurality of information bits, or a combination thereof (Yang [Para. 0080], the decoder 210 may identify a set of bit locations of the polar code corresponding to information bits of an encoded information bit vector. In some cases, the set of bit locations may be determined based at least in part on a reliability order of the bit locations of the polar code. The decoder 210 may decode the received codeword to obtain the information bit vector at the set of bit locations). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Li720, so that the receiving device may identify the bit locations of the polar code for the corresponding information bits based on the order of reliability associated the bit locations of the polar code in decoding, as taught by Yang. The modification would have enabled the system to efficiently identify the bit locations (Yang [Para. 0115]). For claim 27, Li teaches an apparatus for wireless communication at a first wireless device ([Para. 0120] and [FIG. 10], device 1005, wireless device 805 or a decoding device), comprising: one or more processors ([FIG. 10], processor 1020); one or more memories coupled with the one or more processors ([FIG. 10], memory 1025); and instructions stored in the one or more memories and executable by the one or more processors to cause the apparatus to ([Para. 0122], The memory 1025 may store computer-readable, computer-executable software 1030 including instructions that, when executed, cause the processor to perform): receive, via a channel between the first wireless device and a second wireless device ([Para. 0095], the encoding device (e.g., UE 115-b) may transmit the first set of encoded bits to a device (e.g., a decoding device, such as base station 105-b) over a wireless channel. The decoding device may receive the first set of encoded bits over the channel), a codeword corresponding to a plurality of information bits ([Para. 0094], at 605, an encoding device (e.g., UE 115-b) may determine a first set of parity check bits based on an information bit vector. At 610, the encoding device may generate a first set of encoded bits for transmission. The encoding device may map the information vector to a first set of polarized bit channels of a first polar code); obtain a first plurality of log likelihood ratios (LLRs) associated with the plurality of information bits based at least in part on performing a first decoding operation on the codeword using a polar code ([Para. 0096], at 620, the decoding device (e.g., base station 105-b) may perform a first decoding operation on the first set of encoded bits according to the first polar code. [Para. 0067], a UE 115 or base station 105 may receive a transmission including a codeword at receiver 315 and may send the transmission to the SCL decoder. The SCL decoder may determine input logarithmic-likelihood ratios (LLRs) for the bit channels of the received codeword. During decoding, the SCL decoder may determine decoded LLRs…where the decoded LLRs correspond to each bit channel of the polar code. [Examiner's Note: LLRs for the first set are obtained from the transmission of 615 as described in [Para. 0067]]); and perform, on the codeword, a second decoding operation using the polar code and a combination of the first plurality of LLRs and the second plurality of LLRs ([Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. [Para. 0100], The decoding device may receive the second set of encoded bits and may perform a second decoding operation at 645. the decoding operation may involve combining the LLRs for the first set of encoded bits (e.g., received at 615) with the subset of the LLRs for the second set of encoded bits (e.g., received at 640) corresponding to the first set of polarized bit channels) Although teach receiving LLRs of the first codeword and LLRs of the subset of information bits in the second codeword based on identifying a failure of the initial decoding (Li [Para. 0077], If the first transmission is not successfully decoded by the decoding device, the encoding device may encode a second set of U-domain bits for retransmission. Li [Para. 0067], a UE 115 or base station 105 may send the received codeword to the SCL decoder. The SCL decoder may determine input logarithmic-likelihood ratios (LLRs) for the bit channels of the received codeword. During decoding, the SCL decoder may determine decoded LLRs where the decoded LLRs correspond to each bit channel of the polar code), Li does not explicitly disclose receive, via the channel and based at least in part on a failure of the first wireless device to decode the codeword to obtain the plurality of information bits, a second plurality of LLRs corresponding to a subset of the plurality of information bits, the second plurality of LLRs being received independent of the polar code. Xu is directed to providing techniques for a hybrid automatic repeat request (harq) mechanism with polar codes. More specifically, Xu teaches receive, via the channel and based at least in part on a failure of the first wireless device to decode the codeword to obtain the plurality of information bits ([Para. 0057], The information bits are transmitted on the best sub-channels and the frozen bits are transmitted in the worst sub-channels. [Para. 0066] and [FIG. 6], UE 104 may transmit a first information block 611 to a receiver (e.g., base station 102) [Examiner’s Note: Transmission is the channel between the UE and base station which is the same channel as Li]. First information block 611 may be shown to include CRC bits 612, sub-block A 614, sub-block B 616, and/or frozen bits 618. The first information block 611 may be encoded using polar codes to obtain a codeword 619 [Examiner’s Note: Sub-block A 614, sub-block B 616 are information bits]. [Para. 0067], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620)), a second plurality of LLRs corresponding to a subset of the plurality of information bits ([Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission. As Li teaches in [Para. 0067], the receiver may send the received codeword to the SCL decoder. The SCL decoder may determine input logarithmic-likelihood ratios (LLRs) for the bit channels of the received codeword. During decoding, the SCL decoder may determine decoded LLR where the decoded LLRs correspond to each bit channel of the polar code]), the second plurality of LLRs being received independent of the polar code ([Para. 0065], To take advantage of the Reed-Muller codes, it is possible to select the rows for polar codes by considering both the bit error probability and minimum Hamming distance, referred to as “enhanced” polar codes. [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624. second information block 621 is shown to separately include sub-block B 622 and frozen bits 624 [Examiner’s Note: Sub-block B 622 s a subset of information bits in the initial transmission]. It should be noted that second codeword 629 is different from first codeword 619. Additionally, second codeword 629 is an enhanced polar code, e.g., first enhanced polar code 629, instead of a polar code used that is used for obtaining the first codeword 619 of FIG. 6. [Para. 0069], Further, the size of sub-block B 622 of second information block 621 may be smaller than the size of the information bits transmitted in the first transmission 610 [Examiner’s Note: The second polar code is an enhanced polar code considering both the bit error probability and minimum Hamming distance, resulting in different generator matrix. It is independent of the first polar code with a different generator matrix. The LLRs obtained as Li teaches in [Para. 0067] from the second codeword using the second polar code is also independent of the first polar code]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li, so that the subset of information bits are retransmitted in a codeword encoded using an enhanced polar code independent of the polar code of the initial transmission, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]). Although teaching receiving a set of information bits in a polar code and a subset of the information bits in retransmission based on failure of decoding by the receiving device, Li and Xu do not explicitly disclose wherein a quantity of the subset of the plurality of information bits is based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel. Moriya is directed to providing encoding and decoding method, decoding method, apparatuses therefor and program. More specifically, Moriya teaches wherein a quantity of the subset of the plurality of information bits is based at least in part on a difference between an encoding rate of the codeword and a capacity of the channel ([Para. 0036] and [FIG. 2], the coding section 212-m obtains a monaural code that is a code representing a mixed signal of digital sound signals of two channels, and an extension code that can represent the input digital sound signals of two channels when the extension code is used in addition to the monaural code. Specifically, the extension code obtained by the coding section 212-m is the code whereby any of the decoded digital sound signals of the two channels cannot be obtained when only the extension code is used. [Para. 0042] and [FIG. 1-2], the coding scheme, whose bit rate of the extension code is equal to or smaller than a value obtained by subtracting the bit rate of the monaural code from the communication capacity of the fixed transmission path 400-m, is required to be used for the coding sections 212-m of all sound signal fixed transmission side units 210-m as the coding scheme [Examiner’s Note: The monaural code represents the quantity of information bits and the extension code the additional information bits. The relationship between monaural code and extension code represents code rate. The bit rate of monaural code is required to be equal to or smaller than a value obtained by subtracting the bit rate of the extension code from the communication capacity. The monaural code needs to meet the requirement]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li and Xu, so that the quantity of the essential information bits is required to meet such condition that the sum of the bit rates of the essential information bits and additional information bits is equal to or less than the channel capacity, as taught by Moriya. The modification would have reduced the degradation of the signal quality (Moriya [Para. 0007]). Although teaching receiving a set of information bits in a polar code and a subset of the information bits in determined quantity in retransmission based on failure of decoding by the receiving device, Li, Xu and Moriya do not explicitly disclose and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code. Yang is directed to providing mutual information based polar code construction. More specifically, Yang teaches and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code ([Para. 0080], the decoder 210 may identify a set of bit locations of the polar code corresponding to information bits of an encoded information bit vector. In some cases, the set of bit locations may be determined based at least in part on a reliability order of the bit locations of the polar code. The decoder 210 may decode the received codeword to obtain the information bit vector at the set of bit locations). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li, Xu and Moriya, so that the receiving device may identify the bit locations of the polar code for the corresponding information bits based on the order of reliability associated the bit locations of the polar code in decoding, as taught by Yang. The modification would have enabled the system to efficiently identify the bit locations (Yang [Para. 0115]). Although teach receiving a set of information bits in a polar code and a subset of the information bits in determined quantity in retransmission based on failure of decoding by the receiving device, and identifying the information bits in the subset by the order of reliability, Li, Xu, Moriya and Yang do not explicitly disclose and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code. Li720 is directed to providing polar code retransmission method and apparatus. More specifically, Li720 teaches and wherein an index associated with each information bit in the subset of the plurality of information bits is identified based at least in part on an order of a likelihood of error associated with a plurality of bit-channels used for decoding the codeword using the polar code ([Para. 0103], before the first data transmission, the transmit device may separately calculate reliability of 16 polar channels, and sort the 16 polar channels from left to right in descending order of reliability. [Para. 0128], during each data transmission, Km polar channels are directly determined by using the same polar channel sequence, and received data is directly decoded on the Km polar channels, without recalculating reliability of the polar channels before each reception of data retransmitted by a transmit device). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Li, Xu, Moriya and Yang, so that the same order of reliability is used for decoding retransmission, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). For claim 28 is directed to apparatus claim and it does not teach or further define over the limitations recited in claim 12. Therefore, claim 28 is also rejected for similar reasons set forth in claim 12. Claims 13 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li) in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Yang et al. (US20210135783A1, hereinafter Yang) and Li et al. (US20190207720A1, hereinafter Li720), and further in view of Abewardana Jayawickrama et al. (US20230089213A1, hereinafter Abewardana Jayawickrama). For claim 13, Li, Xu, Moriya, Yang and Li720 teach the method of claim 11. The references further teach wherein receiving the second plurality of LLRs is based at least in part on transmitting the signaling (Li [Para. 0097], at 625, the decoding device may transmit, to the encoding device, an indication that the first decoding operation was unsuccessful. This indication may be an example of a NACK. Li [Para. 0067], During decoding, the SCL decoder may determine decoded LLRs…where the decoded LLRs correspond to each bit channel of the polar code. Li [Para. 0100], The decoding device may receive the second set of encoded bits and may perform a second decoding operation at 645. [Para. 0100], the decoding operation may involve combining the LLRs for the first set of encoded bits (e.g., received at 615) with the subset of the LLRs for the second set of encoded bits (e.g., received at 640) corresponding to the first set of polarized bit channels). The references further teach further comprising: transmitting, to the second wireless device, signaling indicating the difference between the capacity of the channel and the encoding rate of the codeword transmitted over the channel (Li720 [Para. 0119], the feedback information may include a CQI or an SINR. The CQI is used as an example. There is a mapping table between a CQI and a code rate, so that the code rate may be determined by using the CQI. In other words, an actually allowed code rate on a channel during a previous transmission can be determined from the received feedback information [Examiner’s Note: SINR corresponds to the code rate allowed by channel capacity]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Yang, so that channel capacity is determined by SINR, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). Although teach Although teach receiving a set of information bits in a polar code and a subset of the information bits based on failure of decoding by the receiving device, Li, Xu, Moriya, Yang and Li720 do not explicitly disclose further comprising: transmitting, to the second wireless device, signaling indicating the difference between the capacity of the channel and the encoding rate of the codeword transmitted over the channel. Abewardana Jayawickrama is directed to providing radio link adaptation at a transmit and receive point. More specifically, Abewardana Jayawickrama teaches further comprising: transmitting, to the second wireless device ([Para. 0066], If the CRC checksum is a fail, the CRC checksum calculator 320 sends an indicator to NACK trigger module 330 to trigger a NACK to be sent), signaling indicating the difference between the capacity of the channel and the encoding rate of the codeword transmitted over the channel ([Para. 0059], an ACK will be issued when the CRC checksum is a pass, and otherwise (i.e., when the CRC checksum is a fail) a NACK will be issued. [Para. 0066], If the CRC checksum is a fail, the CRC checksum calculator 320 sends an indicator to NACK trigger module 330 to trigger a NACK to be sent and the SINR estimate and MCS to be decremented [Examiner’s Note: As Li720 teaches, correct SINR corresponds to code rate allowed by channel capacity. Decrementing SINR indicates the code rate is higher than the channel capacity. NACK indicates decrementing SINR. Therefore, NACK indicates that the code rate is higher than the channel capacity]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya, Yang and Li720, so that CRC failure is identified indicating channel capacity being less than the rate of transmission, as taught by Abewardana Jayawickrama. The modification would have allowed the system to avoid lower MCS being picked than what the wireless channel conditions permit at the time of the transmission and is not suitable for transmissions (Abewardana Jayawickrama [Para. 0007 and 0009]). For claim 29 is directed to apparatus claim and it does not teach or further define over the limitations recited in claim 13. Therefore, claim 29 is also rejected for similar reasons set forth in claim 13. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li), Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Yang et al. (US20210135783A1, hereinafter Yang) and Li et al. (US20190207720A1, hereinafter Li720), and further in view of Chen et al. (US20210099213A1, hereinafter Chen). For claim 14, Li, Xu, Moriya, Yang and Li720 teach the method of claim 11. The references further teach wherein receiving the second plurality of LLRs is based at least in part on transmitting the signaling (Li [Para. 0100], at 640, the encoding device (e.g., UE 115-b) may transmit the second set of encoded bits to the decoding device (e.g., base station 105-b) over the wireless channel. Li [Para. 0067], During decoding, the SCL decoder may determine decoded LLRs…where the decoded LLRs correspond to each bit channel of the polar code). Although teaching receiving a set of information bits in a polar code, a subset of the information bits based on failure of decoding by the receiving device, and obtaining the second LLRs by the decoding device, Li, Xu, Moriya, Yang and Li720 do not explicitly disclose further comprising: transmitting, to the second wireless device, signaling indicating an estimation of the channel, wherein receiving the second plurality of LLRs is based at least in part on transmitting the signaling. Chen is directed to providing polar coded harq scheme over time-varying channel. More specifically, Chen teaches further comprising: transmitting, to the second wireless device ([Para. 0132], a channel estimate described as being obtained by the transmitting device may in some cases be based on a measurement performed by the receiving device, which measurement is then communicated to the transmitting device), signaling indicating an estimation of the channel ([Para. 0132], a channel estimate described as being obtained by the transmitting device may in some cases be based on a measurement performed by the receiving device, which measurement is then communicated to the transmitting device), wherein receiving the second plurality of LLRs is based at least in part on transmitting the signaling ([Para. 0134], the receiving device may obtain second channel estimate 720 based on failing to decode the first transmission (e.g., and may communicate the second estimate to the transmitting device). The receiving device may be triggered to analyze one or more channel reference signals based on failing to decode first transmission 715, and may report the updated channel conditions prior to second transmission 725 (e.g., within a message including a NACK for the first transmission). [Para. 0135], second transmission 725 may be based at least in part on second channel estimate 720). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya, Yang and Li720, so that the channel estimate is signaled to the transmitting device and the retransmission is based on the channel estimate, as taught by Chen. The modification would have allowed the system to compensate for or prevent the performance loss when there is a large bit SNR difference between transmissions (Chen [Para. 0063]). Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li), in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Yang et al. (US20210135783A1, hereinafter Yang) and Li et al. (US20190207720A1, hereinafter Li720), and further in view of Bae et al. (US20230370190A1, hereinafter Bae). For claim 16, Li, Xu, Moriya, Yang and Li720 teach the method of claim 15. The references further teach wherein receiving the second codeword is based at least in part on receiving the signaling wherein transmitting the second codeword is based at least in part on transmitting the signaling (Li [Para. 0100], The decoding device may receive the second set of encoded bits and may perform a second decoding operation at 645). Although teaching receiving a set of information bits in a polar code and a subset of the information bits based on failure of decoding by the receiving device, Li, Xu, Moriya, Yang and Li720 do not explicitly disclose further comprising: receiving, from the second wireless device, signaling indicating one or more parameters associated with the second code, wherein receiving the second codeword is based at least in part on receiving the signaling. Bae is directed to providing method and apparatus for transmitting and receiving of adaptive polar coding configuration. More specifically, Bae teaches further comprising: receiving, from the second wireless device ([Para. 0133], When the polar coding configuration is determined, the base station … may transmit determined polar decoder configuration information to the UE in operation S320), signaling indicating one or more parameters associated with the second code ([Para. 0017], the configuration information includes information on at least one of a length of a polar code ... or a polar sequence), wherein receiving the second codeword is based at least in part on receiving the signaling ([Para. 0157], The UE may decode a signal, based on the polar coding configuration information in operation S940. [Examiner’s Note: The polar coding configuration must be received prior to the transmission of the second codeword so that it can be decoded based on the configuration]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya, Yang and Li720, so that coding parameters for decoding are transmitted to the decoding device before the codeword is transmitted, as taught by Bae. The modification would have allowed the system to avoid decoding high power consumption in decoding if the same parameters are used due to a high computation complexity (Bae [Para. 0009]). For claim 17, Li, Xu, Moriya, Yang, Li720 and Bae teach the method of claim 16. The references further teach wherein the one or more parameters comprise a quantity of information bits associated with the second code, a rate of the second code, or both (Li720 [0113], Specifically, the preset coding parameter may be agreed on by the transmit device and the receive device in advance. the preset coding parameter is fixed or is determined according to a specific rule. Li720 [0117], The coding parameter includes one or more parameters of a code length, a code rate, and a quantity of information bits). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya, Yang and Bae, so that coding parameters further include code rate and quantity of information bits, as taught by Li720. The modification would have allowed the system to reduce retransmission complexity and improve transmission performance (Li720 [Para. 0007]). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li), in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya), Yang et al. (US20210135783A1, hereinafter Yang) and Li et al. (US20190207720A1, hereinafter Li720), and further in view of Sakurada et al. (US20110083060A1, hereinafter Sakurada). For claim 19, Li, Xu, Moriya, Yang and Li720 teach the method of claim 18. Although teach Although teach receiving a set of information bits in a polar code and a subset of the information bits based on failure of decoding by the receiving device, Li, Moriya, Yang and Li720 do not explicitly disclose wherein performing the second decoding operation is based at least in part on a first sign of at least one LLR in the third plurality of LLRs being different from a second sign of at least one corresponding LLR in the subset of the first plurality of LLRs. Sakurada is directed to providing memory system and control method for the same. More specifically, Sakurada teaches wherein performing the second decoding operation is based at least in part on a first sign of at least one LLR in the third plurality of LLRs being different from a second sign of at least one corresponding LLR in the subset of the first plurality of LLRs ([Para. 0071], a storage section configured to store a first LLR table that consists of normal LLR data ... and a second LLR table that consists of LLR data such that absolute values of two LLRs at each location corresponding to each location in the first LLR table at which a sign is inverted between two adjacent LLRs are different from absolute values of the respective LLRs in the first LLR table). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya, Yang and Li720, so that so that signs of some adjacent LLRs are different, as taught by Sakurada. The modification would have allowed the system to realize high error correction ability (Sakurada [Para. 0053]). Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US20210152290A1, hereinafter Li) in view of Xu et al. (US20190123860A1, hereinafter Xu), Moriya et al. (US20220101862A1, hereinafter Moriya) and Li et al. (US20190207720A1, hereinafter Li720), and further in view of Khoshnevisan et al. (US20210410155A1, hereinafter Khoshnevisan). For claim 31, Li, Xu, Moriya and Li720 teach the apparatus of claim 23. The references further teach wherein the instructions to transmit the subset of the plurality of information bits are executable by the one or more processors (Li [FIG. 14], processor 1420. Li [Para. 0149], Processor 1420 may be configured to execute computer-readable instructions stored in a memory) to cause the apparatus to (Li [Para. 0097], The encoding device may receive the NACK and may determine to retransmit the encoded information bit vector), transmit the subset of the plurality of information bits using a second code that comprises a convolutional code (Xu [Para. 0067], if the receiver is not able to successfully decode the first codeword 619, UE 104 may receive a negative acknowledge (NACK) message from the receiver, and UE 104 may attempt a re-transmission (e.g., a second transmission 620). Xu [Para. 0068], In a second transmission 620, a second information block 621 encoded as a second codeword 629, e.g., a first enhanced polar code 629, is shown to include sub-block B 622 and frozen bits 624). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Moriya, and Li720, so that the subset of information bits are retransmitted in a encoded codeword, as taught by Xu. The modification would have provided HARQ mechanism that uses polar and/or enhanced polar codes to efficiently decode the polar and/or enhanced polar codes at a receiver (Xu [Para. 0005]).. Although teaching transmitting a subset of the plurality of information bits in encoded codeword, Li, Xu, Moriya and Li720 do not explicitly disclose transmit the subset of the plurality of information bits using a second code that comprises a convolutional code. Khoshnevisan is directed to providing management of single-shot harq-ack codebooks along with harq-ack codebooks with set priority levels. More specifically, Khoshnevisan teaches transmit the subset of the plurality of information bits using a second code that comprises a convolutional code ([Para. 0057], Control information is coded using polar coding. [Para. 0059], However, even with the best error correcting codes, if the communication channel experiences a very large amount of noise, or experiences a deep fade or other issue, the bit error rate may exceed what can be compensated. Accordingly, many wireless communication networks utilize a hybrid automatic repeat request (HARQ) scheme to further improve data reliability. In a HARQ algorithm, the transmitting device (e.g., a base station or UE) may retransmit code blocks (e.g., encoded using convolutional) if the first transmission is not decoded correctly at the receiving device). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Li, Xu, Moriya and Li720, so that the initial transmission is encoded in polar coding and retransmission is encoded in convolutional coding, as taught by Khoshnevisan. The modification would have further improved data reliability (Khoshnevisan [Para. 0059]). Allowable Subject Matter Claim 20 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 SHU LIU whose telephone number is (571)272-5186. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 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, REBECCA E SONG can be reached at (571)270-3667. 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. /S.L./Examiner, Art Unit 2417 /REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
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Prosecution Timeline

Mar 14, 2023
Application Filed
Jun 05, 2025
Non-Final Rejection mailed — §103
Aug 15, 2025
Response Filed
Nov 19, 2025
Final Rejection mailed — §103
Jan 16, 2026
Response after Non-Final Action
Feb 11, 2026
Request for Continued Examination
Feb 24, 2026
Response after Non-Final Action
May 07, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 2 resolved cases by this examiner. Grant probability derived from career allowance rate.

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