Prosecution Insights
Last updated: May 29, 2026
Application No. 18/363,863

DATA TRANSMISSION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Aug 02, 2023
Priority
Feb 03, 2021 — continuation of PCTCN2021075003
Examiner
BEYEN, ZEWDU A
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
702 granted / 842 resolved
+25.4% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
877
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
88.2%
+48.2% vs TC avg
§102
8.1%
-31.9% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 842 resolved cases

Office Action

§102 §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 . Response to Amendment Applicant’s amendment filled on 11/14/2025 has been entered. Claims 1-20 are pending. Response to Arguments Applicant arguments filed on 11/14/2025 have been fully considered and but are not persuasive. Applicant argues that “Bai do not explicitly or inherently disclose “wherein the first information is useable by the terminal device to divide first data into at least two data blocks” of claim 1.” And “While another portion of paragraph 0065 of Bai describes that different aggregated slots or mini-slots correspond to different redundant versions (RVs) of a transport block (TB) of the payload information, the different RVs of the TB of the payload information are redundant versions of the same payload information. In other words, the different RVs of the TB are copies of redundant data from the payload data. Thus, the payload information is not divided into different data portions. Therefore, the copying of data of Bai cannot reasonably correspond to dividing data of claim 1.” Examiner respectfully disagrees; first and foremost, applicant is reminded that claims are given the broadest reasonable interpretations. As such, the limitation “wherein the first information is useable by the terminal device to divide first data into at least two data blocks” is interpreted accordingly. Without further information in claim how the first information is used to create at least two data blocks from a first data, examiner maintains the teaching of Bai, in Fig. 7 par. [0065]and [0076]-[0079], wherein the first data is a transport block which is divided into different redundancy versions, e.g. RV1, RV2 and RV3 constituting three data blocks, based on base station signaling and beamforming configuration, met the requirement of claimed limitation. Second, if the intention is to create a first portion of the first data and a second portion of the first data by applying the received first information, a specific language to that effect should be stated in claim. Therefore, examiner maintains rejection(s). 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) 1,5-6,10-11,15-16,20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bai to (US20190373486) Regarding claims 1,11 Bai teaches a transmission method, wherein the method comprises: receiving, by a terminal device, first information from a first network device,( [0042] Referring again to FIG. 1, in certain aspects, UE 104 may include a determination component 198 configured to receive an indication of a beamforming configuration from a base station for communicating using aggregated transmission intervals. In some aspects, the beamforming configuration may comprise multiple beamformed channels) wherein the first information is useable by the terminal device to divide first data into at least two data blocks, (see Fig. 7 par. [0065]and [0076]-[0079], wherein the first data is a transport block which is divided into different redundancy versions, e.g. RV1, RV2 and RV3 constituting three data blocks, based on base station signaling and beamforming configuration) the first data is to-be-transmitted data between the first network device and the terminal device, a quantity of slots occupied by the first data is greater than 1, and each data block of the at least two data blocks is mapped to a different corresponding time-domain position;( [0044]discloses a frame (10 ms) may be divided into 10 equally sized subframes (1 ms). Each subframe may include one or more time slots. Subframes may also include mini-slots, which may include 7, 4, or 2 symbols [0042] configured to identify the beamforming configuration based on the indication. Moreover, the determination component 198 may be configured to communicate with the base station across the aggregated transmission intervals based on the beamforming configuration. Additionally, the base station 102/180 may include a determination component 199 configured to determine a beamforming configuration for communicating with a UE using aggregated transmission intervals. In some aspects, the beamforming configuration may comprise multiple beamformed channels. The determination component 199 may also be configured to indicate the beamforming configuration to the UE. Further, the determination component 199 may be configured to communicate with the UE across the aggregated transmission intervals based on the beamforming configuration) receiving, by the terminal device, second information from the first network device, wherein the second information is useable to indicate at least two modulation and coding schemes (MCSs) useable for transmitting the at least two data blocks, and the at least two MCSs are different from one another;( "wherein the multiple modulation and coding schemes are indicated from the base station with the beamforming configuration", wherein each slot has a different MCS see par. [0068], [0072]-[0073], such that the different sub-blocks of the TB will be transmitted with different MCSs across the slots) and transmitting, by the terminal device, the first data to the first network device based on the first information and the second information( [0044]discloses a frame (10 ms) may be divided into 10 equally sized subframes (1 ms). Each subframe may include one or more time slots. Subframes may also include mini-slots, which may include 7, 4, or 2 symbols [0042] configured to identify the beamforming configuration based on the indication. Moreover, the determination component 198 may be configured to communicate with the base station across the aggregated transmission intervals based on the beamforming configuration. Additionally, the base station 102/180 may include a determination component 199 configured to determine a beamforming configuration for communicating with a UE using aggregated transmission intervals. In some aspects, the beamforming configuration may comprise multiple beamformed channels. The determination component 199 may also be configured to indicate the beamforming configuration to the UE. Further, the determination component 199 may be configured to communicate with the UE across the aggregated transmission intervals based on the beamforming configuration). Regarding claims 6,16 Bai teaches A transmission method, wherein the method comprises: sending, by a first network device, first information to a terminal device, ,( [0042] Referring again to FIG. 1, in certain aspects, UE 104 may include a determination component 198 configured to receive an indication of a beamforming configuration from a base station for communicating using aggregated transmission intervals. In some aspects, the beamforming configuration may comprise multiple beamformed channels) wherein the first information is useable by the terminal device to divide first data into at least two data blocks, (see Fig. 7 par. [0065]and [0076]-[0079], wherein the first data is a transport block which is divided into different redundancy versions, e.g. RV1, RV2 and RV3 constituting three data blocks, based on base station signaling and beamforming configuration) the first data is to-be-transmitted data between the first network device and the terminal device, a quantity of slots occupied by the first data is greater than 1, and each data block of the at least two data blocks is mapped to a different corresponding time-domain position; ( [0044]discloses a frame (10 ms) may be divided into 10 equally sized subframes (1 ms). Each subframe may include one or more time slots. Subframes may also include mini-slots, which may include 7, 4, or 2 symbols [0042] configured to identify the beamforming configuration based on the indication. Moreover, the determination component 198 may be configured to communicate with the base station across the aggregated transmission intervals based on the beamforming configuration. Additionally, the base station 102/180 may include a determination component 199 configured to determine a beamforming configuration for communicating with a UE using aggregated transmission intervals. In some aspects, the beamforming configuration may comprise multiple beamformed channels. The determination component 199 may also be configured to indicate the beamforming configuration to the UE. Further, the determination component 199 may be configured to communicate with the UE across the aggregated transmission intervals based on the beamforming configuration) sending, by the first network device, second information to the terminal device, wherein the second information is useable to indicate at least two modulation and coding schemes (MCSs) for transmitting the at least two data blocks, and the at least two MCSs are different from one another; ( "wherein the multiple modulation and coding schemes are indicated from the base station with the beamforming configuration", wherein each slot has a different MCS see par. [0068], [0072]-[0073], such that the different sub-blocks of the TB will be transmitted with different MCSs across the slots) and transmitting, by the first network device, the first data to the terminal device based on the first information and the second information( [0044]discloses a frame (10 ms) may be divided into 10 equally sized subframes (1 ms). Each subframe may include one or more time slots. Subframes may also include mini-slots, which may include 7, 4, or 2 symbols [0042] configured to identify the beamforming configuration based on the indication. Moreover, the determination component 198 may be configured to communicate with the base station across the aggregated transmission intervals based on the beamforming configuration. Additionally, the base station 102/180 may include a determination component 199 configured to determine a beamforming configuration for communicating with a UE using aggregated transmission intervals. In some aspects, the beamforming configuration may comprise multiple beamformed channels. The determination component 199 may also be configured to indicate the beamforming configuration to the UE. Further, the determination component 199 may be configured to communicate with the UE across the aggregated transmission intervals based on the beamforming configuration). Regarding claims 5,10,15,20 Bai teaches wherein the first information comprises information of a frame structure of a second network device, and transmission of the first data is interfered with by data transmitted by the second network device; or the first information comprises first indication information and second indication information, the first indication information indicates is useable to indicate a manner of dividing the first data, and the second indication information indicates is useable to indicate a boundary between two adjacent data blocks in the first data([0077]-[0080] disclosing the signaling of how the transport block is divided). Claim Rejections - 35 USC § 103 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. 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. Claim(s) 2-4,7-9,12-14,17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bai to (US20190373486) in view of Chakraborty to (US20200235971) Regarding claims 2,7,12,17 Bai does not explicitly teach wherein the method further comprises: obtaining, by the terminal device, a transport block size (TBS) corresponding to the first data, and performing code block (CB) segmentation on a transport block (TB) However, Chakraborty teaches obtaining, by the terminal device, a transport block size (TBS) corresponding to the first data, and performing code block (CB) segmentation on a transport block (TB)( [0078]-[0080] disclosing the TB segmentation into two code blocks of length N1 and N2, wherein the TB size is necessarily determined at the transmitting UE prior to segmentation) Therefor; it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Bai to include obtaining, by the terminal device, a transport block size (TBS) corresponding to the first data, and performing code block (CB) segmentation on a transport block (TB), as suggested by Chakraborty. This modification would benefit the system to efficiently utilize the available network resources. Regarding claims 3,8,13,18 Bai and Chakraborty teaches wherein each data block of the at least two data blocks comprises a different corresponding code block (CB), and the at least two data blocks are comprised in one transport block (TB); or each of the at least two data blocks comprises at least one TB, and each data block of the at least two data blocks comprises a different TB(Chakraborty [0078]-[0080] discloses the MCS index 642 corresponds to MCS index 4 (16-QAM with a code rate of ¾) and the MCS index 644 corresponds to MCS index 5 (64-QAM with a code rate of ⅔) in the table 300. The channel coding and rate matching unit 624 generates N1 coded bits from a portion of the TB or the data packet 610 based on a ¾ code rate and the constellation mapping unit 626 maps the N1 code bits to 16-QAM modulation symbols. The 16-QAM modulation symbols are carried by the first K OFDM symbols (e.g., in the duration 602). The channel coding and rate matching unit 624 generates N2 coded bits from a remaining portion of the TB or the data packet 610 based on a ⅔ code rate and the constellation mapping unit 626 maps the N2 code bits to 64-QAM modulation symbols). Regarding claims 4,9,14,19 Bai and Chakraborty teaches wherein the at least two data blocks are obtained through division in a first unit of a first slot; or the at least two data blocks are obtained through division in a second unit of a symbol in a second slot(Chakraborty [0078]-[0080] discloses the MCS index 642 corresponds to MCS index 4 (16-QAM with a code rate of ¾) and the MCS index 644 corresponds to MCS index 5 (64-QAM with a code rate of ⅔) in the table 300. The channel coding and rate matching unit 624 generates N1 coded bits from a portion of the TB or the data packet 610 based on a ¾ code rate and the constellation mapping unit 626 maps the N1 code bits to 16-QAM modulation symbols. The 16-QAM modulation symbols are carried by the first K OFDM symbols (e.g., in the duration 602). The channel coding and rate matching unit 624 generates N2 coded bits from a remaining portion of the TB or the data packet 610 based on a ⅔ code rate and the constellation mapping unit 626 maps the N2 code bits to 64-QAM modulation symbols). 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 ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00. 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, Huy D Vu can be reached at 571-272-3155. 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. /ZEWDU A BEYEN/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Aug 02, 2023
Application Filed
Aug 15, 2025
Non-Final Rejection mailed — §102, §103
Nov 14, 2025
Response Filed
Dec 17, 2025
Final Rejection mailed — §102, §103
Mar 16, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
83%
Grant Probability
98%
With Interview (+14.7%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 842 resolved cases by this examiner. Grant probability derived from career allowance rate.

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