Prosecution Insights
Last updated: October 01, 2026
Application No. 18/365,619

TRANSMISSION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102§112
Filed
Aug 04, 2023
Priority
Feb 08, 2021 — CN PCT/CN2021/076004 +1 more
Examiner
CHRISS, ANDREW W
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
170 granted / 232 resolved
+15.3% vs TC avg
Strong +25% interview lift
Without
With
+25.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
38 currently pending
Career history
286
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
41.4%
+1.4% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
26.6%
-13.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 232 resolved cases

Office Action

§102 §112
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 20 April 2026 has been entered. Response to Amendment Applicant’s amendment, filed 20 April 2026, has been entered and carefully considered. Claims 1, 6, 11 and 16 are amended. Claims 2, 7, 12, 17 and 21-24 are canceled. Claims 25-28 are newly added. Claims 1, 3-6, 8-11, 13-16, 18-20 and 25-28 are currently pending. Response to Arguments Applicant's arguments filed 20 April 2026 have been fully considered but they are not persuasive. Applicant states “Deng does not teach determining a repetition count N1 based on N, N2 and a preset condition, as recited in the independent claims)” and “In Deng's mechanism, the device simply receives a codepoint and retrieves the corresponding pair of values. The device in Deng does not determine the value of N1 based on N, N2, and a preset condition.” The Office respectfully disagrees with Applicant’s position. The claim language in the independent claims indicates “determining a value of N1 based on N, N2 and a preset condition” followed by descriptions of what the variables represent and a condition that the variables respectively meet. The claim language is silent as to how the value of N1 is actually determined (i.e., active steps undertaken in order to determine the value of N1). Rather, the claim language sets forth conditions that the value of N1 meets (greater than or equal to 1, N1*N2≤N), but not that an explicit calculation is performed in order to determine N1. The Office further notes that N1 is claimed as being “a maximum quantity of repetitions allowed when the data is repeatedly transmitted by using the TBoMS”, rather than the “repetition count” stated by Applicant. To this end, the Office submits that Deng, as presented below, meets the broadest reasonable interpretation of the claim language, as currently drafted. For these reasons, the rejection of Claims 1, 6, 11 and 16 under 35 U.S.C. 102(a)(2) is maintained. Claim Rejections - 35 USC § 112 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 25-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Each of these claims recites (emphasis added by the Office) “N is a maximum quantity of repetitions allowed when data is repeatedly transmitted based on transmission of a transport block over a single slot.” However, independent Claims 1, 6, 11 and 16, upon which these claims respectively depend, recite (emphasis added by the Office) “when the data is repeatedly transmitted by using the TBoMS.” Therefore, it is not clear whether the data in Claims 25-28 is the same data transmitted in the independent claims. Turning to Applicant’s specification, paragraph 0251 describes transmitting a TB in a single slot, as compared to transmitting using the TBoMS; however, this paragraph does not describe transmitting the same data using both TBoMS and in a single slot, as now recited in Claims 25-28. Therefore, these claims are indefinite. For examination and search purposes, these claims will be treated as best understood by the Office. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 3-6, 8-11, 13-16 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Deng et al (United States Pre-Grant Publication 2023/0345432), hereinafter Deng. Regarding Claim 11, Deng discloses a communication apparatus, comprising: at least one processor (Figure 21 and paragraph 0252, the radio station (UE) comprises processor 210) configured to: determine a value of N1 based on N, N2 and a preset condition, when data is transmitted by using a transport block over multiple slots (TBoMS) (Figure 4A and paragraphs 0088-0089 – transmission of a transport block over multiple slots; Figure 14 at steps 1410-1430, the user device determines availability of transport block processing over multiple slots that satisfy given constraints), wherein the preset condition is: N1*N2≤N (paragraph 0085 at Table 1 - multiple values can be configured such that the number of slots is not larger than the number of repetitions; paragraph 0089 – parameters for the transmission, including repetitions, number of slots, and numbers of consecutive slots are configured), N1 is a maximum quantity of repetitions allowed when the data is repeatedly transmitted by using the TBoMS, N1≥1, N1 is an integer (paragraphs 0088-0089 – the number of repetitions is 4, which is an integer and greater than or equal to 1), N2 indicates a quantity of slots occupied by one transport block (TB) when the data is transmitted by using the TBoMS, N2≥2, N2 is an integer (paragraphs 0088-0089 – number of slots for the transmission is set to 2, which is an integer and greater than or equal to 2), N is a preset value, and N is a positive integer (paragraph 0085 at Table 1 – utilizing a codepoint, the number of repetitions and number of slots is configured); and perform a repeated transmission of the data based on the value of N1 (Figure 4A, configuration of repeated transmission of the transport block over multiple slots; Figure 14 at step 1440 – perform transmission based on the determined parameters). Claim 1 is a method claim comprising the same steps as claimed as being performed by the communication apparatus in Claim 11. Therefore, Claim 1 is rejected using the same reasons as presented above for Claim 11. Regarding Claims 3 and 13, Deng discloses N=32 (paragraph 0085 at Table 1 – the number of repetitions is 8 and the number of slots is 4, therefore N would equal 32). Regarding Claims 4 and 14, Deng discloses: receiving a first message from a network device, wherein the first message indicates to transmit the data by using the TBoMS (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots); and receiving a second message from the network device, wherein the second message indicates a value of N2 (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots (N2)). Regarding Claims 5 and 15, Deng discloses: receiving a message from a network device, wherein the message comprises a value of N2 (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots (N2)); and determining, based on the value of N2, to use the TBoMS to transmit the data (Figure 14 at step 1440 – perform transmission based on the determined parameters). Regarding Claim 16, Deng discloses a communication apparatus, comprising: at least one processor (Figure 21 and paragraph 0252, the radio station (base station) comprises processor 210) configured to: determine a value of N1 based on N, N2 and a preset condition, when data is transmitted by using a transport block over multiple slots (TBoMS) (Figure 4A and paragraphs 0088-0089 – transmission of a transport block over multiple slots; Figure 14 at steps 1410-1430, the user device determines availability of transport block processing over multiple slots that satisfy given constraints), wherein the preset condition is: N1*N2≤N (paragraph 0085 at Table 1 - multiple values can be configured such that the number of slots is not larger than the number of repetitions; paragraph 0089 – parameters for the transmission, including repetitions, number of slots, and numbers of consecutive slots are configured), N1 is a maximum quantity of repetitions allowed when the data is repeatedly transmitted by using the TBoMS, N1≥1, N1 is an integer (paragraphs 0088-0089 – the number of repetitions is 4, which is an integer and greater than or equal to 1), N2 indicates a quantity of slots occupied by one transport block (TB) when the data is transmitted by using the TBoMS, N2≥2, N2 is an integer (paragraphs 0088-0089 – number of slots for the transmission is set to 2, which is an integer and greater than or equal to 2), N is a preset value, and N is a positive integer (paragraph 0085 at Table 1 – utilizing a codepoint, the number of repetitions and number of slots is configured); and receive a repeated transmission of the data based on the value of N1 (Figure 4A, configuration of repeated transmission of the transport block over multiple slots; Figure 14 at step 1440 – the user device performs transmission based on the determined parameters). Claim 6 is a method claim comprising the same steps as claimed as being performed by the communication apparatus in Claim 16. Therefore, Claim 6 is rejected using the same reasons as presented above for Claim 16. Regarding Claims 8 and 18, Deng discloses N=32 (paragraph 0085 at Table 1 – the number of repetitions is 8 and the number of slots is 4, therefore N would equal 32). Regarding Claim 9, Deng discloses: sending a first message to a terminal device, wherein the first message directs the terminal device to transmit the data by using the TBoMS (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots); and sending a second message to the terminal device, wherein the second message indicates a value of N2 (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots (N2)). Regarding Claims 10 and 20, Deng discloses: sending a message to a terminal device, wherein the message comprises the value of N2 and the value of N2 indicates to the terminal device to transmit the data by using the TBoMS (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots (N2); Figure 14 at step 1440 – the user device performs transmission based on the determined parameters). Regarding Claim 19, Deng discloses: send a first message to a terminal device, wherein the first message indicates to transmit the data by using the TBoMS (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots); and send a second message to the terminal device, wherein the second message indicates device of a value of N2 (paragraph 0084 – RRC signaling is used to indicate a set of values for number of slots (N2)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW W. CHRISS whose telephone number is (571)272-1774. The examiner can normally be reached Monday-Friday, 8am-4pm ET. 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, Kevin Bates can be reached at (571) 272-3980. 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. /ANDREW W CHRISS/Primary Examiner, Art Unit 2472
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Prosecution Timeline

Aug 04, 2023
Application Filed
Nov 09, 2023
Response after Non-Final Action
Aug 06, 2025
Non-Final Rejection mailed — §102, §112
Oct 31, 2025
Response Filed
Jan 21, 2026
Final Rejection mailed — §102, §112
Apr 20, 2026
Request for Continued Examination
Apr 30, 2026
Response after Non-Final Action
Aug 17, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
98%
With Interview (+25.1%)
4y 0m (~10m remaining)
Median Time to Grant
High
PTA Risk
Based on 232 resolved cases by this examiner. Grant probability derived from career allowance rate.

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