Prosecution Insights
Last updated: April 19, 2026
Application No. 18/290,946

DATA PROCESSING METHOD, AND ELECTRONIC DEVICE AND COMPUTER-READABLE STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jan 22, 2024
Examiner
SEYMOUR, JAMES PAUL
Art Unit
2419
Tech Center
2400 — Computer Networks
Assignee
ZTE CORPORATION
OA Round
1 (Non-Final)
25%
Grant Probability
At Risk
1-2
OA Rounds
2y 9m
To Grant
-8%
With Interview

Examiner Intelligence

Grants only 25% of cases
25%
Career Allow Rate
1 granted / 4 resolved
-33.0% vs TC avg
Minimal -33% lift
Without
With
+-33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
56 currently pending
Career history
60
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
57.3%
+17.3% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 4 resolved cases

Office Action

§102 §103
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 . This Office Action is in response to communications filed on 1/22/2024 Claims 1-8, 10-21 are pending and presented for examination. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 202110859608.X, filed on 7/28/2021. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 1/22/2024, 12/4/2024 & 1/16/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, these information disclosure statements are being considered by the examiner. Claim Objections Claims 1-4, 7, 10, 11, 15, 18 & 19 objected to because of the following informalities: these claims recite limitations using the terms “punctured” or “punched” interchangeably to have the same meaning. For clarity, one term should be selected and used throughout the claims. Appropriate correction is required. Claim Interpretation Claims 1-4, 7, 10, 11, 15, 18 & 19 use the terms “punctured” or “punched” interchangeably to have the same meaning. For the purpose of this review, examiner is interpreting “punctured” as having the same meaning as “punched”. Several of the claims in the present application recite Markush groups in the format of “at least one of A, B or C” (see MPEP §2117). For the purpose of this review, the examiner is interpreting these Markush claims as a single element selection from a closed group of elements consisting of alternatives A, B or C. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, 4, 6-8, 10, 11, 15, 17-19 & 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung et al. (US 20190364563)(herein after “Jung”). Regarding claims 1, 10 & 11, Jung discloses a data processing method ([0001] discloses a method for transmitting and receiving information to provide a plurality of services.); or an electronic device (Fig 14 & [0178] discloses a UE), comprising: at least one processor (Fig 14, [0179] & [0182] disclose the UE may include a controller 1430 that may include at least one processor); and a memory communicably connected to the at least one processor, wherein: the memory stores an instruction executable by the at least one processor which, when executed by the at least one processor, causes the at least one processor to carry out a data processing method ([0031] disclose memory storing computer program instructions that can be executed via a processor of the computer to perform functions specified in flowchart blocks discloses in the invention (e.g. the processor in controller 1430 of Fig 14 may execute instructions stored in a memory that cause the processor to perform methods as disclosed by flowcharts such as in fig 9).); or A non-transitory computer-readable storage medium, storing a computer program which, when executed by a processor, causes the processor to carry out a data processing method ([0033] discloses a storage medium, that may store “units” such as an FPGA or ASIC (i.e. a non-transitory computer -readable storage medium) that include program code and can reproduce CPUs 9i.e. processors) that may execute the program code (e.g. to carry out flowchart blocks such as in fig 9 as discussed in the previous paragraph above).); wherein the method is, or wherein the memory storing instructions executable by the at least one processor or the non-transitory computer-readable storage medium storing a computer program, which when executed by the at least one processor, causes the at least one processor to carry out a data processing method, comprising; acquiring, in response to detecting that received target data is punctured, feature information representing a decoding difficulty of the target data (Fig 9 & (0120]-[0122] disclose a UE, receiving data about an eMBB service (i.e. target data) and identification information (i.e. feature information) about resource allocation for a URLLC service. Fig 7 & [0085]-[0087] disclose that the identification information about resource allocation for a URLLC may be pre-indicated (referenced by number 750 in fig 7) by downlink control channel 712 and may indicate puncturing applies to a resource, such as allocating resource region 714 within symbols 1-4 of slot n through puncturing the eMBB service in resource region 714. Fig 7 & [0085]-[0087] and Fig 9 & [0124] disclose that the UE, in response to receiving the identification information with pre-indication 750 and detecting that eMBB data is punctured in resource region 714, acquires at least one piece of information indicating a high possibility of failure in decoding CBs within a buffered TB (i.e. acquires a decoding difficulty of the target data); determining according to the feature information representing the decoding difficulty whether to decode the target data (Fig 9 & [0124] discloses the UE may decode CBs in the buffered TB, or determine to not perform decoding based on the at least one piece of information indicating a high possibility of failure to decode CBs in the buffered TB.); and decoding the target data and sending information indicating whether the decoding is successful to a transmit end of the target data, in response to determining to decode the target data (Fig 8 & [0107] and Fig 9 & [0124] & [0126] disclose that the UE may determine to decode the CBs (i.e. the target data) in the buffered TB and may transmit a HARQ ACK/NACK to a base station.). Regarding claim 2, Jung discloses wherein the feature information representing the decoding difficulty comprises at least one of: a proportion of the target data being punched (Fig 9 & [0124] discloses that the identification information may contain at least one piece of information indicating a high possibility of failure to decode CBs, and specifically the one piece of information may be that a large portion of eMBB resources (i.e. target data) are punctured for URLCC service.), a modulation and coding scheme (MCS) of the target data (Fig 3 & [0064] and [0040]-[0043] disclose that a DCI, as part of downlink control channel transmission, may contain MCS for data transmission in a TB.), a received signal strength of the target data (optional), or a received signal-to-noise ratio of the target data (optional). Regarding claims 4, 15 & 19, Jung discloses wherein the feature information representing the decoding difficulty comprises the proportion of the target data being punched (Fig 9 & [0124] discloses that the identification information may contain at least one piece of information indicating a high possibility of failure to decode CBs, and specifically the one piece of information may be that a large portion of eMBB resources (i.e. target data) are punctured for URLCC service.), and acquiring the proportion of the target data being punched comprises: acquiring a total quantity of time-frequency resource elements (REs) occupied by the target data from received physical resource occupation information of the target data (Fig 7 & [0083]-[0085] disclose a UE receiving downlink control channel information (i.e. identification information) transmitted by a base station indicating an eMBB service region 716 consisting of symbols 1-4 of slot n. Fig 1 & [0036] discloses that the eMBB service region 716 may be part of a physical resource block (PRB) spanning 12 subcarriers, and that a resource element (RE) consists of one symbol over one subcarrier. Thus disclosed is a UE being provided identification information (i.e. received physical resource occupation information) through downlink control channel information to determine (i.e. acquire) an eMBB service region 716 consisting of a total quantity of 4 symbols x 12 subcarriers = 48 REs.); acquiring a quantity of REs occupied by a punched portion of the target data from received resource occupation information of the punched portion of the target data (Fig 7 & [0083]-[0085] disclose a UE receiving downlink control channel information (i.e. identification information) transmitted by a base station indicating a URLLC service region 714. Fig 7 & [0086] discloses that a region 714 for transmitting information for providing a URLLC service may be allocated in symbols 1 to 4 of slot n. [0078] discloses that the URLLC service region may include a portion of one symbol. A broadest reasonable interpretation of fig 7 is that the shown URLLC region 714 spans a portion comprising 4 of the 12 subcarriers over 2 symbols. Thus discloses is a UE being provided identification information (i.e. received physical resource occupation information) through downlink control channel information to determine (i.e. acquire) a URLLC service region 714 consisting of a quantity of 2 symbols x 4 subcarriers = 8 REs.); and calculating the proportion of the target data being punched according to the quantity of REs occupied by the punched portion of the target data and the total quantity of REs occupied by the target data (Fig 9 & [0124] discloses a UE not performing decoding when a large proportion of resources is punctured for providing URLLC service. A broadest reasonable interpretation is that the UE calculates the proportion of resources being punctured for URLLC service to be based the quantity of REs occupied by the URLLC service region 714 (i.e. the punctured portion of the eMBB service region 716) being 8 REs, and the total quantity of REs occupied by the eMBB service region 716 being 48 REs, providing a proportion of 8/48 or 1/6.). Regarding claims 6, 17 & 21, Jung discloses wherein decoding the target data and sending information indicating whether the decoding is successful to a transmit end of the target data comprises: decoding the target data, and in response to the decoding being unsuccessful, sending information indicating that the decoding is unsuccessful to the transmit end of the target data (Fig 8 & [0109] and Fig 9 & [0124] & [0126] disclose that the UE may determine to decode the CBs (i.e. the target data) in the buffered TB and in response to at least one CB of the buffered TB failing to decode, may transmit information to a base station indicating CBs that have failed to be decoded.); and after decoding the target data, and in response to the decoding being unsuccessful, sending information indicating that the decoding is unsuccessful to the transmit end of the target data, the method further comprises: receiving, from the transmit end of the target data, check information obtained based on an adaptive retransmission algorithm, wherein the check information is sent by the transmit end of the target data after receiving the information indicating that the decoding is unsuccessful (Fig 8 & [0109] discloses that after receiving the transmission from the UE indicating which CBs have failed to decode, the base station may perform retransmission (i.e. retransmit check information based on an adaptive retransmission algorithm) which is received by the UE in step 810.); and re-decoding the target data according to the check information and sending information indicating whether the re-decoding is successful to the transmit end of the target data (Fig 11 & [0150] disclose that the UE may perform decoding based on retransmitted data and transmit ACK/NACK according to the decoding result.). Regarding claims 7 & 18, Jung discloses wherein detecting that received target data is punctured comprises: receiving resource occupation information of the punched portion of the target data in a process of receiving the target data, wherein the resource occupation information of the punched portion of the target data is generated by the transmit end of the target data before punching the target data, and sent to a receive end of the target data (Fig 7 and [0082] & [0085]-[0087] disclose that the identification information about resource allocation for a URLLC service (i.e. resource occupation information) may be pre-indicated (referenced by number 750 in fig 7) by downlink control channel 712 (i.e. generated before the URLLC region 714 punctures the eMBB region 716), as part of an eMBB transmission in slot n, and sent to the UE through DL control channel 712.). Regarding claim 8, Jung discloses wherein after determining according to the feature information representing the decoding difficulty whether to decode the target data, the method further comprises: discarding the target data in response to determining not to decode the target data (Fig 9 & [0124] discloses that when a UE determines not perform decoding because decoding is likely to fail, the UE may discard the buffered TB or some CBs (i.e. the target data).). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 3, 5, 12-14, 16 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 20190364563)(herein after “Jung”) in view of Kilinc et al. (US 20190379491)(herein after “Kilinc”). Regarding claim 3, Jung discloses the data processing method of claim 2. Jung discloses wherein the feature information representing the decoding difficulty comprises the proportion of the target data being punched and the MCS of the target data (Fig 9 & [0124] discloses that the identification information may contain at least one piece of information indicating a high possibility of failure to decode CBs, and specifically the one piece of information may be that a large portion of eMBB resources (i.e. target data) are punctured for URLCC service.). Fig 3 & [0064] and [0040]-[0043] disclose that a DCI, as part of downlink control channel transmission, may contain MCS for data transmission in a TB.). Jung fails to disclose wherein the feature information representing the decoding difficulty comprises the signal strength of the target data. However, Kilinc teaches wherein the feature information representing the decoding difficulty comprises the signal strength of the target data ([0063] discloses that the probability that the receiver cannot decode punctured eMBB data may depend on a signal-to-noise ratio of the transmission. A signal-to-noise ratio represents a signal strength relative to a noise level.). Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the data processing method of claim 2, wherein the feature information representing the decoding difficulty comprises the proportion of the target data being punched and the MCS of the target data, as disclosed by Jung, wherein the feature information representing the decoding difficulty comprises the signal strength of the target data, as taught by Kilinc. The motivation to do so would have been to have a processing method wherein a UE receives identification information from a base station that indicates a probability of decoding code blocks (CBs) in a transport block (TB) comprising the proportion of eMBB data being punctured for URLLC data, MCS of the eMBB data and signal-to-noise ratio of the eMBB data so that the UE can use all three pieces of information to determine the probability of decoding CBs of the TB through a formula or look-up table, so that the UE can decide whether to attempt to decode the CBs of the TB or wait for the base station to send a retransmission of the punctured eMBB data before attempting to decode the CBs of the TB. Regarding claims 5, 12, 14, 16 & 20 Jung discloses the data processing method of claims 1, 2 & 4 respectively, or the electronic device of claim 10, or the non-transitory computer-readable storage medium of claim 11. Jung discloses wherein determining according to the feature information representing the decoding difficulty whether to decode the target data comprises: acquiring a decoding decision corresponding to the feature information representing the decoding difficulty of the target data, wherein the decoding decision is decoding or not decoding (Fig 7 & [0085]-[0087] and Fig 9 & [0124] disclose that the UE, in response to receiving the identification information with pre-indication 750 and detecting that eMBB data is punctured in resource region 714, acquires at least one piece of information indicating a high possibility of failure in decoding CBs within a buffered TB. Fig 9 & [0124] disclose the UE may decode CBs in the buffered TB, or determine to not perform decoding (i.e. UE acquires a decoding decision wherein the coding decision is decoding or not decoding) based on the at least one piece of information indicating a high possibility of failure to decode CBs in the buffered TB.); and determining to decode the target data in response to the decoding decision being decoding, or determining not to decode the target data in response to the decoding decision being not decoding (Fig 9 & [0124] disclose the UE may decode CBs in the buffered TB (i.e. UE determines to decode the target data in response to a decoding decision being decoding), or determine to not perform decoding (i.e. UE determines not to decode the target data in response to the decoding decision being not decoding) based on the at least one piece of information indicating a high possibility of failure to decode CBs in the buffered TB.). Jung fails to disclose wherein the acquiring of the decoding decision corresponding to the feature information representing the decoding difficulty of the target data is according to a preset correspondence between the feature information representing the decoding difficulty and the decoding decision. However, Kilinc teaches wherein the acquiring of the decoding decision corresponding to the feature information representing the decoding difficulty of the target data is according to a preset correspondence between the feature information representing the decoding difficulty and the decoding decision ([0063] discloses a UE may estimate the probability of decoding failure through a look up table indexed according to one or more of the decoding factors (i.e. a preset look up table mapping decoding factors, or feature information, to probability of decoding failure, or decoding difficulty).). Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the data processing method of claims 1, 2 & 4, or the device of claim 10, or the non-transitory computer-readable storage medium of claim 11, wherein determining according to the feature information representing the decoding difficulty whether to decode the target data comprises: acquiring a decoding decision corresponding to the feature information representing the decoding difficulty of the target data, wherein the decoding decision is decoding or not decoding; and determining to decode the target data in response to the decoding decision being decoding, or determining not to decode the target data in response to the decoding decision being not decoding, as disclosed by Jung, wherein the acquiring of the decoding decision corresponding to the feature information representing the decoding difficulty of the target data is according to a preset correspondence between the feature information representing the decoding difficulty and the decoding decision, as taught by Kilinc. The motivation to do so would have been to have a processing method, or an electronic device, or a non-transitory computer-readable storage medium, wherein a UE makes a decoding decision to decode or not to decode CBs of a TB based on received identification information from a base station that indicates a probability of decoding failure for the CBs in the TB, wherein the identification information may include a proportion of the target data being punctured based on a total quantity of REs occupied by an eMBB services and a quantity of REs occupied by a punctured portion for a URLLC service or a modulation and coding scheme (MCS) of the eMBB data, and using a preset look up table to map the identification information to a decoding decision so that all UEs in the network make consistent decoding decisions based on the preset look up table (e.g. that may be defined in a standards document) and the received identification information. Regarding claim 13, Jung in view of Kilinc disclose the data processing method of claim 3. Jung discloses wherein determining according to the feature information representing the decoding difficulty whether to decode the target data comprises: acquiring a decoding decision corresponding to the feature information representing the decoding difficulty of the target data, wherein the decoding decision is decoding or not decoding (Fig 7 & [0085]-[0087] and Fig 9 & [0124] disclose that the UE, in response to receiving the identification information with pre-indication 750 and detecting that eMBB data is punctured in resource region 714, acquires at least one piece of information indicating a high possibility of failure in decoding CBs within a buffered TB. Fig 9 & [0124] disclose the UE may decode CBs in the buffered TB, or determine to not perform decoding (i.e. UE acquires a decoding decision wherein the coding decision is decoding or not decoding) based on the at least one piece of information indicating a high possibility of failure to decode CBs in the buffered TB.); and determining to decode the target data in response to the decoding decision being decoding, or determining not to decode the target data in response to the decoding decision being not decoding (Fig 9 & [0124] disclose the UE may decode CBs in the buffered TB (i.e. UE determines to decode the target data in response to a decoding decision being decoding), or determine to not perform decoding (i.e. UE determines not to decode the target data in response to the decoding decision being not decoding) based on the at least one piece of information indicating a high possibility of failure to decode CBs in the buffered TB.). Jung fails to disclose wherein the acquiring of the decoding decision corresponding to the feature information representing the decoding difficulty of the target data is according to a preset correspondence between the feature information representing the decoding difficulty and the decoding decision. However, Kilinc teaches wherein the acquiring of the decoding decision corresponding to the feature information representing the decoding difficulty of the target data is according to a preset correspondence between the feature information representing the decoding difficulty and the decoding decision ([0063] discloses a UE may estimate the probability of decoding failure through a look up table indexed according to one or more of the decoding factors (i.e. a preset look up table mapping decoding factors, or feature information, to probability of decoding failure, or decoding difficulty).). Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the data processing method of claim 3 , wherein determining according to the feature information representing the decoding difficulty whether to decode the target data comprises: acquiring a decoding decision corresponding to the feature information representing the decoding difficulty of the target data, wherein the decoding decision is decoding or not decoding; and determining to decode the target data in response to the decoding decision being decoding, or determining not to decode the target data in response to the decoding decision being not decoding, as disclosed by Jung in view of Kilinc, wherein the acquiring of the decoding decision corresponding to the feature information representing the decoding difficulty of the target data is according to a preset correspondence between the feature information representing the decoding difficulty and the decoding decision, as taught by Kilinc. The motivation to do so would have been to have a processing method wherein a UE makes a decoding decision to decode or not to decode CBs of a TB based on received identification information from a base station that indicates a probability of decoding failure for the CBs in the TB, wherein the identification information may include a proportion of the target data being punctured and a modulation and coding scheme (MCS) of the eMBB data and a signal-to-noise ratio of a transmission of the eMBB data, and using a preset look up table to map the identification information to a decoding decision so that all UEs in the network make consistent decoding decisions based on the preset look up table (e.g. that may be defined in a standards document) and the received identification information. Conclusion The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Firoiu et al. (US 9209943) discloses Control Over Network Coding for Enhanced Radio Transport Optimization. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES P SEYMOUR whose telephone number is (571)272-7654. The examiner can normally be reached M-F 8-5 EST. 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, Nishant Divecha can be reached at 571-270-3125. 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. /JAMES P SEYMOUR/Examiner, Art Unit 2419 /Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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Prosecution Timeline

Jan 22, 2024
Application Filed
Feb 10, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

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Prosecution Projections

1-2
Expected OA Rounds
25%
Grant Probability
-8%
With Interview (-33.3%)
2y 9m
Median Time to Grant
Low
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