Prosecution Insights
Last updated: April 19, 2026
Application No. 18/292,769

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §103§112
Filed
Jan 26, 2024
Examiner
KRUEGER, KENT K
Art Unit
2474
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
94%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
389 granted / 445 resolved
+29.4% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
463
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 445 resolved cases

Office Action

§103 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . A preliminary amendment received on 7/26/2024 canceling claims 1-23 and adding claims 24-38 has been entered by the examiner. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 1/26/2024 and 8/12/2025 have been entered and considered by the examiner. 35 USC 112 CLAIM REJECTIONS The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claim 29 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Regarding claim 29, it recites “receiving, from a network device, the first HARQ-ACK codebook”. Therefore, it is not clear to the Examiner how the network device listed in the preamble of the claim is to receive the first HARQ-ACK codebook from itself. It would appear that this claim needs to be amended so the codebook is received from a terminal device since it is the opposite end of the communication between the terminal device and the network device as shown in the other independent claims. Claim 24 shows the opposite direction of communications to that of claim 29 and this communications is with a terminal device. Fig. 1 shows the communications between a network device 120 and a terminal device and Fig. 7 and para. 0062 of the published application show that the terminal device transmits the HARQ feedback to the network device at step 730, thus the network device receives the HARQ codebook from the terminal device and not the same or different network device. For purposes of examination, Examiner interprets the claims to read “receiving, from a terminal device, the first HARQ-ACK codebook”. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 24-38 are rejected under 35 U.S.C. 103 as being unpatentable over Islam et al (US2020/0228248 A1) in view of NTT (NTT DOCOMO, INC , "Discussion on HARQ-ACK feedback enhancements for Rel 17 URLLC", 3GPP TSG RAN WG1 #104-e, e-Meeting, January 25-Feb 5, 2021, R1-2101612, pages 1-9 (11 pages total)) IDS submitted by Applicant. Regarding claims 24 and 34, Islam teaches a method/ terminal device, performed by a terminal device (Abstract), the method comprising: a processor configured to cause the terminal device to (Para. 0165): determining a first physical uplink control channel (PUCCH) resource for transmitting a first Hybrid Automatic Repeat Request acknowledgement (HARQ-ACK) codebook (Figs. 1-3; Paras. 0039 and 0197-0199; receiving first UL resource information that includes an indication of a first UL resource in a serving cell of a first hybrid automatic repeat request-acknowledgement (HARQ-ACK), the first HARQ-ACK associated with a first HARQ codebook); determining a second PUCCH resource for transmitting the first HARQ-ACK codebook (Figs. 1-3; Paras. 0039 and 0197-0199; receiving second UL resource information that includes an indication of a second UL resource in a serving cell of a second HARQ-ACK, the second HARQ-ACK associated with a second HARQ codebook); and transmitting, to a network device, the first HARQ-ACK codebook with a first HARQ-ACK feedback on the second PUCCH resource (Figs. 1-3; Paras. 0039 and 0197-0199; at 120, based on the first UL resource information and the second UL resource information, performing the second HARQ-ACK transmission using the second resource); wherein: a second HARQ-ACK codebook with a second HARQ-ACK feedback is multiplexed on the second PUCCH resource, a priority of the first HARQ-ACK feedback is the same as a priority of the second HARQ-ACK feedback (Figs. 1-3; Paras. 0037-0039 and 0197-0199; In one embodiment, if the UE is not configured or indicated with any associated priority or cannot resolve the priority levels (or if indicated/configured with same priority level) of the two HARQ-ACKs for which the UL resources overlap). However, while Islam teaches the last symbol of resulting PUCCH resource is L1 and L2 symbols after the last symbols of original PUCCH resource for first and second HARQ-ACK (Fig. 4B; Para. 0038), he does not specifically disclose the first HARQ-ACK codebook is placed after the second HARQ-ACK codebook. NTT teaches required Physical Layer feedback enhancements for meeting URLLC requirements (Introduction). He further teaches the first HARQ-ACK codebook is placed after the second HARQ-ACK codebook (Sec. 2.1, page 4; Deferred SPS HARQ-ACK bits are appended after non-deferred HARQ-ACK bits; i.e. the SPS HARQ-ACK reads on first HARQ-ACK and non-deferred HARQ-ACK reads on second HARQ-ACK). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in NTT with the teachings as in Islam. The motivation for doing so would have been to provide Physical Layer feedback enhancements for meeting URLLC requirements (NTT at Introduction). Regarding claims 25, 30, and 35, the combination of references Islam and NTT teach the limitations of the previous claims. Islam further teaches wherein the second PUCCH resource is determined based on downlink control information (DCI) (Figs. 1-3; Paras. 0023, 0037-0039, and 0197-0199; UE would multiplex dynamic HARQ-ACK and/or SR and/or one or more CSI in a resource which is indicated by a PUCCH resource indication field in the DCI scheduling a PDSCH reception). Regarding claims 26, 31, and 36, the combination of references Islam and NTT teach the limitations of the previous claims. NTT further teaches wherein: the second PUCCH resource is determined based on semi-persistent scheduling (SPS) HARQ-ACK deferral information, and the second PUCCH resource is determined as a next available PUCCH resource, in a case where the first PUCCH resource overlaps with a downlink symbol (Sec. 2.1, page 2; For the definition of “next available PUCCH resource”, at least TDD collision and latency limitation need to be considered). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in NTT with the teachings as in Islam. The motivation for doing so would have been to provide Physical Layer feedback enhancements for meeting URLLC requirements (NTT at Introduction). Regarding claims 27, 32, and 37, the combination of references Islam and NTT teach the limitations of the previous claims. Islam further teaches wherein: the second PUCCH resource is determined based on downlink control information (DCI), in a case where both semi-persistent scheduling (SPS) HARQ-ACK deferral information for determining the second PUCCH resource is configured and the DCI indicating the second PUCCH resource is received (Figs. 1-3; Paras. 0023, 0037-0039, and 0197-0199; UE would multiplex dynamic HARQ-ACK and/or SR and/or one or more CSI in a resource which is indicated by a PUCCH resource indication field in the DCI scheduling a PDSCH reception). Regarding claims 28, 33, and 38, the combination of references Islam and NTT teach the limitations of the previous claims. NTT further teaches wherein the first HARQ-ACK feedback is for a semi-persistent scheduling (SPS) physical downlink shared channel (PDSCH) (Sec. 2.1, page 4; Deferred SPS HARQ-ACK bits are appended after non-deferred HARQ-ACK bits; i.e. the SPS HARQ-ACK reads on first HARQ-ACK and non-deferred HARQ-ACK reads on second HARQ-ACK). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in NTT with the teachings as in Islam. The motivation for doing so would have been to provide Physical Layer feedback enhancements for meeting URLLC requirements (NTT at Introduction). Regarding claim 29, Islam teaches a method, performed by a network device (Abstract), the method comprising: determining a first physical uplink control channel (PUCCH) resource for a first Hybrid Automatic Repeat Request acknowledgement (HARQ-ACK) codebook (Figs. 1-3; Paras. 0039 and 0197-0199; receiving first UL resource information that includes an indication of a first UL resource in a serving cell of a first hybrid automatic repeat request-acknowledgement (HARQ-ACK), the first HARQ-ACK associated with a first HARQ codebook); determining a second PUCCH resource for the first HARQ-ACK codebook (Figs. 1-3; Paras. 0039 and 0197-0199; receiving second UL resource information that includes an indication of a second UL resource in a serving cell of a second HARQ-ACK, the second HARQ-ACK associated with a second HARQ codebook); and receiving, from a network device, the first HARQ-ACK codebook with a first HARQ-ACK feedback on the second PUCCH resource (Figs. 1-3; Paras. 0039 and 0197-0199; at 120, based on the first UL resource information and the second UL resource information, performing the second HARQ-ACK transmission using the second resource); wherein: a second HARQ-ACK codebook with a second HARQ-ACK feedback is multiplexed on the second PUCCH resource, a priority of the first HARQ-ACK feedback is the same as a priority of the second HARQ-ACK feedback (Figs. 1-3; Paras. 0037-0039 and 0197-0199; In one embodiment, if the UE is not configured or indicated with any associated priority or cannot resolve the priority levels (or if indicated/configured with same priority level) of the two HARQ-ACKs for which the UL resources overlap). However, while Islam teaches the last symbol of resulting PUCCH resource is L1 and L2 symbols after the last symbols of original PUCCH resource for first and second HARQ-ACK (Fig. 4B; Para. 0038), he does not specifically disclose the first HARQ-ACK codebook is placed after the second HARQ-ACK codebook. NTT teaches required Physical Layer feedback enhancements for meeting URLLC requirements (Introduction). He further teaches the first HARQ-ACK codebook is placed after the second HARQ-ACK codebook (Sec. 2.1, page 4; Deferred SPS HARQ-ACK bits are appended after non-deferred HARQ-ACK bits; i.e. the SPS HARQ-ACK reads on first HARQ-ACK and non-deferred HARQ-ACK reads on second HARQ-ACK). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in NTT with the teachings as in Islam. The motivation for doing so would have been to provide Physical Layer feedback enhancements for meeting URLLC requirements (NTT at Introduction). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT KRUEGER whose telephone number is (303)297-4238. The examiner can normally be reached on M-F 8:00-5:00 MT. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached on (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KENT KRUEGER/Primary Examiner, Art Unit 2474
Read full office action

Prosecution Timeline

Jan 26, 2024
Application Filed
Jan 26, 2024
Response after Non-Final Action
Jul 26, 2024
Response after Non-Final Action
Jan 02, 2026
Non-Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604314
CHANNEL STATE INFORMATION (CSI) PROCESSING FOR UE INITIATED CSI AND DOWNLINK GRANT CSI
2y 5m to grant Granted Apr 14, 2026
Patent 12598598
SCHEDULING FOR ACTIVE BANDWIDTH PARTS
2y 5m to grant Granted Apr 07, 2026
Patent 12593323
HYBRID AUTOMATIC REPEAT REQUEST (HARQ)-ACKNOWLEDGMENT (ACK) ENHANCEMENT FOR SEMI-PERSISTENT SCHEDULED (SPS) PHYSICAL DOWNLINK SHARED CHANNEL (PDSCH) IN AN UNLICENSED NEW RADIO SPECTRUM (NR-U)
2y 5m to grant Granted Mar 31, 2026
Patent 12593344
SIDELINK RESOURCE CONFLICT INDICATION
2y 5m to grant Granted Mar 31, 2026
Patent 12587243
APPARATUS AND METHOD FOR TRANSMITTING AND RECEIVING SIGNAL ACCORDING TO CHANNEL STATE IN WIRELESS COMMUNICATION SYSTEM
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
94%
With Interview (+6.6%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 445 resolved cases by this examiner. Grant probability derived from career allow rate.

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