Prosecution Insights
Last updated: August 17, 2026
Application No. 18/293,741

METHOD AND APPARATUS FOR HYBRID AUTOMATIC REPEAT REQUEST FEEDBACK

Final Rejection §102
Filed
Jan 30, 2024
Priority
Jul 30, 2021 — nonprovisional of PCTCN2021109822
Examiner
HUYNH, NAM TRUNG
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
473 granted / 632 resolved
+12.8% vs TC avg
Moderate +11% lift
Without
With
+11.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
18 currently pending
Career history
652
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 632 resolved cases

Office Action

§102
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 . Response to Amendment This office action is in response to amendment filed on 4/7/26. Claims 1, 4-13, 17, and 19-26 are currently pending. 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. Claim(s) 1, 4-13, 17, and 19-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TCL COMMUNICATION "UE feedback enhancements for HARQ-ACK" 3GPP TSG RAN WG1 Meeting #104bis-e, R1-2102922, April 2021, 6 pages (hereinafter “TCL”). Regarding claim 1, TCL teaches a method for hybrid automatic repeat request (HARQ) feedback, performed by a terminal device, comprising: determining an initial slot where a hybrid automatic repeat request acknowledgement (HARQ-ACK) transmission (SPS HARQ-ACK) is located (see “…for SPS HARQ-ACK deferral, to determine valid symbols in the initial slot/sub-slot a collision with semi-static OL symbols, SSB and CORESET#0 is regarded as "invalid' or 'no symbols for UL transmission'” [p.3, section 2.1.1, Proposal 3]); determining that a first physical uplink control channel (PUCCH) resource on the initial slot is invalid (see “…for SPS HARQ-ACK deferral, to determine valid symbols in the initial slot/sub-slot a collision with semi-static OL symbols, SSB and CORESET#0 is regarded as ‘invalid' or 'no symbols for UL transmission'” [p.3, section 2.1.1, Proposal 3]), determining a valid second PUCCH resource (next (e.g., first) available PUCCH) (see “Option 1: Deferring HARQ-ACK until a next (e.g., first) available PUCCH)” [p.2, section 2.1, Agreements]), and sending the HARQ-ACK through the second PUCCH resource (see “For example, the first instance in time of a scheduled PUCCH that does not collide with any invalid or downlink symbols after the conflict occurs is selected to transmit the deferred HARQ-ACK feedback” [p. 3, section 2.1.1, Proposal 1]), wherein a slot where the second PUCCH resource is located is a slot after the initial slot (see “Option 1: Deferring HARQ-ACK until a next (e.g., first) available PUCCH)” [p.2, section 2.1, Agreements]) and no later than a last delay feedback slot (slot corresponding to k1def,max/maximum K1 value) for the HARQ-ACK (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= k1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6]); wherein the last delay feedback slot is determined based on the initial slot (k1) and a maximum delay feedback slot offset value (k1def) (see “Considering the HARQ-ACK feedback also requires a certain real-time performance and cannot allow an indefinite delay. Limitation on the maximum deferral in the time domain is required. The deferral limitation should be given in the total POSCH to HARQ-ACK delay/offset, i.e., k1eff = k1+k1def <= K1def,max” [p.3, section 2.1.1, Proposal 6] which suggests the claimed “maximum delay feedback slot offset value” when the value of k1def is the largest value that is less than or equal to k1def,max), the last delay feedback slot is determined from more than one candidate last delay feedback slot (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” and “In order to minimize the specification impact, we propose that the value of k1eff should be limited to one of the existing k1 values in the configured K1 set” [p. 3, section 2.1.1, Proposal 6] which suggests the slot corresponding to k1def,max, or the “the last delay feedback slot”, may be determined to be the maximum k1 value or one of the existing k1 values in the configured K1 set which reads on the claimed “more than one candidate last delay feedback slot”), or the last delay feedback slot is determined based on a time-domain resource allocation (TDRA) table; or the last delay feedback slot corresponds to the first PUCCH resource. Regarding claim 4, TCL teaches the method according to claim 1, further comprising at least one of: determining the maximum delay feedback slot offset value for the HARQ-ACK based on a protocol agreement (SPS configuration) (see “The SPS HARQ-ACK deferral is configured per SPS configuration” [p. 2, section 2.1.1, Agreements]); determining more than one candidate maximum delay feedback slot offset value (K1 set) for the HARQ-ACK based on a protocol agreement, and determining the maximum delay feedback slot offset value (maximum k1 value) from the more than one candidate maximum delay feedback slot offset value (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6] which suggests maximum k1 value is determined from “more than one candidate” k1 values of the configured K1 set); expanding a time-domain resource allocation (TDRA) table based on a protocol agreement, and acquiring a corresponding slot offset value from the TDRA table, and determining the slot offset value as the maximum delay feedback slot offset value; or acquiring a slot offset value corresponding to the first PUCCH resource based on a protocol agreement, and determining the slot offset value as the maximum delay feedback slot offset value. Regarding claim 5, TCL teaches the method according to claim 1, further comprising: acquiring a maximum K1 value among more than one initial slot K1 configured for the HARQ-ACK (configured K1 set); and determining the maximum delay feedback slot offset value based on the maximum K1 value (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6]). Regarding claim 6, TCL teaches the method according to claim 5, wherein determining the maximum delay feedback slot offset value based on the maximum K1 value comprises: determining the maximum K1 value as the maximum delay feedback slot offset value (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6]); or performing an operation on the maximum K1 value according to a preset operation rule, and determining a value obtained from the operation as the maximum delay feedback slot offset value. Regarding claim 7, TCL teaches the method according to claim 1, further comprising: determining a maximum number of delayable times for the initial slot; and determining the maximum delay feedback slot offset value based on the maximum number of delayable times (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6] wherein the number of k1 values of the configured K1 set reads on the claimed “maximum number of delayable times” since they are candidates for the maximum k1 value). Regarding claim 8, TCL teaches the method according to claim 1, further comprising: determining the maximum delay feedback slot offset value for the HARQ-ACK based on a transmission cycle (periodicity) of a semi-persistent scheduling (SPS) physical downlink shared channel (PDSCH) (see “For different traffic types with different latency requirements, it may configure a specific SPS configuration with different periodicities” [p. 2, section 2.1.1] which suggests the claimed “transmission cycle of a SPS PDSCH” because specific SPS configurations, which include maximum k1 value(s), are used for PDSCH of different periodicities); or determining the maximum delay feedback slot offset value for the HARQ-ACK based on a grouping binding size or a time window length of the SPS PDSCH (see “Considering the transmission reliability and less specification impact, it is feasible to use logical 'OR' to bundle SPS HARQ-ACK of N bits into a single bit. In this case, a time window or bundling bit size needs to be specified” [p.5, section 2.2, Proposal 9]). Regarding claim 9, TCL teaches the method according to claim 1, further comprising: receiving a first configuration instruction sent by a network device, wherein the first configuration instruction is configured to indicate the maximum delay feedback slot offset value (see “The SPS HARQ-ACK deferral is configured per SPS configuration” [p. 2, section 2.1.1, Agreements]). Regarding claim 10, TCL teaches the method according to claim 1, further comprising: receiving a second configuration instruction sent by a network device, and receiving an indication instruction sent by the network device, determining, based on the indication instruction, one slot offset value among more than one candidate maximum delay feedback slot offset value indicated by the second configuration instruction, and determining the determined slot offset value as the maximum delay feedback slot offset value (see “The SPS HARQ-ACK deferral is configured per SPS configuration” [p. 2, section 2.1.1, Agreements] and “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6] which suggests that a second SPS configuration may be received by the UE with another maximum k1 value). Regarding claim 11, TCL teaches a method for hybrid automatic repeat request (HARQ) feedback, performed by a network device, comprising: receiving a hybrid automatic repeat request acknowledgement (HARQ-ACK) sent by a terminal device on a valid physical uplink control channel (PUCCH) resource (see “For example, the first instance in time of a scheduled PUCCH that does not collide with any invalid or downlink symbols after the conflict occurs is selected to transmit the deferred HARQ-ACK feedback” [p. 3, section 2.1.1, Proposal 1]), wherein a slot where the PUCCH resource is located is a slot after an initial slot where the HARQ-ACK is located (see “Option 1: Deferring HARQ-ACK until a next (e.g., first) available PUCCH)” [p.2, section 2.1, Agreements]) and no later than a last delay feedback slot (maximum k1 value) (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6]); wherein the last delay feedback slot is determined based on the initial slot (k1) and a maximum delay feedback slot offset value (k1eff), or the last delay feedback slot is determined from more than one candidate last delay feedback slot (see “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6] which suggests maximum k1 value “is determined from more than one candidate” k1 values of the configured K1 set), or the last delay feedback slot is determined based on a time-domain resource allocation (TDRA) table; or the last delay feedback slot corresponds to a first PUCCH resource. Regarding claim 12, TCL teaches 1 the method according to claim 11, further comprising: sending a first configuration instruction to the terminal device, wherein the first configuration instruction is configured to indicate the maximum delay feedback slot offset value (see “The SPS HARQ-ACK deferral is configured per SPS configuration” [p. 2, section 2.1.1, Agreements]). Regarding claim 13, TCL teaches the method according to claim 11, further comprising: sending a second configuration instruction to the terminal device, and sending an indication instruction to the terminal device, wherein the second configuration instruction comprises more than one candidate maximum delay feedback slot offset value, the indication instruction is configured to indicate one slot offset value among the more than one candidate maximum delay feedback slot offset value (see “The SPS HARQ-ACK deferral is configured per SPS configuration” [p. 2, section 2.1.1, Agreements] and “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= K1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 3, section 2.1.1, Proposal 6] which suggests that a second SPS configuration may be transmitted to the UE with another maximum k1 value). Claim 19 recites subject matter similar to claim 1 and is therefore rejected on the same basis. Claims 20 and 21 recite subject matter similar to claim 11 and are therefore rejected on the same basis. Claim 22 recites subject matter similar to claim 4 and is therefore rejected on the same basis. Claim 23 recites subject matter similar to claim 5 and is therefore rejected on the same basis. Claim 24 recites subject matter similar to claim 7 and is therefore rejected on the same basis. Claim 25 recites subject matter similar to claim 8 and is therefore rejected on the same basis. Claim 26 recites subject matter similar to claim 10 and is therefore rejected on the same basis. Response to Arguments Applicant's arguments filed 4/7/26 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that TCL does not teach or suggest (i) wherein a slot where the second PUCCH resource is located is a slot after the initial slot and no later than a last delay feedback slot for the HARQ-ACK and (ii) wherein the last delay feedback slot is determined based on the initial slot and a maximum delay feedback slot offset value for which the Examiner respectfully disagrees. Regarding limitation (i), TCL discloses “The deferral limitation should be given in the total PDSCH to HARQ-ACK delay/offset, i.e. k1eff = k1+k1def <= k1def,max and the k1def,max should be the maximum k1 value of the configured K1 set” [p. 4, section 2.1.1, Proposal 6]). In this disclosure, k1eff reads on the claimed “slot where the second PUCCH resource is located” because it is the effective slot for the deferred HARQ as defined. The slot corresponding to k1def,max reads on the claimed “last delay feedback slot” because it is a slot corresponding to the maximum offset for the deferred PUCCH/HARQ transmission. When k1def,max is the maximum k1 value of the configured K1 set, the maximum k1 value reads on the claimed “last delay feedback slot” because it is the last slot configured for the UE. Limitation (i) is therefore taught by this disclosure because k1eff must be less than or equal to a slot corresponding to k1def,max , or the maximum k1 value of the configured K1 set. Regarding limitation (ii), TCL further discloses “Considering the HARQ-ACK feedback also requires a certain real-time performance and cannot allow an indefinite delay. Limitation on the maximum deferral in the time domain is required. The deferral limitation should be given in the total POSCH to HARQ-ACK delay/offset, i.e., k1eff = k1+k1def <= k1def,max” [p.3, section 2.1.1, Proposal 6]. In this disclosure K1def reads on the claimed “delay feedback slot offset value” because it is the slot offset between the initial, dropped PUCCH/HARQ and the slot of the deferred PUCCH/HARQ transmission. TCL further discloses that the delay may be indefinite which suggests that the value of K1def is not fixed. Therefore it is within the scope of TCL for the value of K1def to be the maximum value that does not exceed k1def,max. Limitation (ii) is therefore taught in the case when the slot corresponding to k1def,max is determined from k1, or the “initial slot”, and the value of k1def is the largest value that does not exceed k1def,max, which reads on the claimed “maximum delay feedback slot offset value”. Aside from these arguments, the Examiner submits that TCL also teaches “the last delay feedback slot is determined from more than one candidate last delay feedback slot” which was not addressed by Applicant. TCL discloses “In order to minimize the specification impact, we propose that the value of k1eff should be limited to one of the existing k1 values in the configured K1 set” [p.4, section 2.1.1, Proposal 6]. This disclosure in addition to the disclosures above suggest that the slot corresponding to k1def,max, or the “the last delay feedback slot”, may be determined to be the maximum k1 value or one of the existing k1 values in the configured K1 set which reads on the claimed “more than one candidate last delay feedback slot” and satisfies the requirements of the claim. For these reasons, TCL teaches all the limitations of claim 1 including at least “wherein a slot where the second PUCCH resource is located is a slot after the initial slot and no later than a last delay feedback slot for the HARQ-ACK; wherein the last delay feedback slot is determined based on the initial slot and a maximum delay feedback slot offset value, or the last delay feedback slot is determined from more than one candidate last delay feedback slot” and the ground(s) of rejection from the previous office action have been maintained. Independent claims 11 and 17 are within the same scope and are not patentable over TCL for the same reasons. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nam T Huynh whose telephone number is (571)272-5970. The examiner can normally be reached 9am-5pm. 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, Alison Slater can be reached at 571-270-0375. 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. /NAM T HUYNH/Primary Examiner, Art Unit 2647
Read full office action

Prosecution Timeline

Jan 30, 2024
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §102
Apr 07, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12706651
METHOD, TRANSMISSION DEVICE, PROCESSING APPARATUS, AND STORAGE MEDIUM FOR TRANSMITTING CHANNEL STATE INFORMATION, AND METHOD AND RECEPTION DEVICE FOR RECEIVING CHANNEL STATE INFORMATION
2y 2m to grant Granted Aug 11, 2026
Patent 12701627
BASE STATIONS FOR DATA BEARER HANDLING ASSOCIATED WITH SMALL DATA TRANSMISSION
3y 1m to grant Granted Aug 04, 2026
Patent 12689953
FLEXIBLE VOICE OVER WIFI (VoWiFi) HANDOVER TO CELLULAR
4y 11m to grant Granted Jul 21, 2026
Patent 12665960
FLEXIBLE DISPLAY DEVICE
3y 8m to grant Granted Jun 23, 2026
Patent 12641500
USER EQUIPMENT-CENTRIC INTER-CELL MOBILITY
3y 9m to grant Granted May 26, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
86%
With Interview (+11.3%)
2y 11m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 632 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month