Prosecution Insights
Last updated: April 19, 2026
Application No. 18/399,870

POLAR CODE CONSTRUCTION METHOD AND APPARATUS

Non-Final OA §101
Filed
Dec 29, 2023
Examiner
PANWALKAR, VINEETA S
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
570 granted / 625 resolved
+29.2% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
14 currently pending
Career history
639
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
42.3%
+2.3% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
15.6%
-24.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 625 resolved cases

Office Action

§101
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 . Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 14-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. In the specification, although statutory (non-transitory) embodiments of a computer readable medium are disclosed, non-statutory (transitory) embodiments are not explicitly excluded. The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. Therefore, the claims are rejected as being drawn to non-statutory subject matter. Allowable Subject Matter Claims 1-13 are allowed. The following is an examiner’s statement of reasons for allowance: Claims 1 and 7 are drawn to a polar code construction method and corresponding communication apparatus, comprising: obtaining, by the communication apparatus, a reliability weight sequence; determining, by the communication apparatus, a first threshold, wherein the first threshold indicates a weight of lowest reliability of a subchannel corresponding to an information bit; determining, by the communication apparatus, the subchannel corresponding to the information bit based on the first threshold, wherein the subchannel corresponding to the information bit is a non-pre-frozen subchannel corresponding to a content value greater than or equal to the first threshold in the reliability weight sequence; and performing, by the communication apparatus, polar coding on the information bit based on the subchannel corresponding to the information bit. Closest prior art of record is as follows: Li et al. (US 20220286144 A1) discloses performing polar code encoding and using reliability weights compared with a threshold. Palgy et al. (US 20180323803 A1) discloses polar code generation and transmitting data on channels having the highest reliability based on a threshold. However, prior art of record fails to disclose the first threshold indicates a weight of lowest reliability of a subchannel corresponding to an information bit; determining, by the communication apparatus, the subchannel corresponding to the information bit based on the first threshold, wherein the subchannel corresponding to the information bit is a non-pre-frozen subchannel corresponding to a content value greater than or equal to the first threshold in the reliability weight sequence; and performing polar coding, in combination with each and every other limitation of the claims, rendering them and their dependents allowable. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINEETA S PANWALKAR whose telephone number is (571)272-8561. The examiner can normally be reached M-F 9:00am-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, David C. Payne can be reached at 571-272-3024. 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. /VINEETA S PANWALKAR/Primary Examiner, Art Unit 2635
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Prosecution Timeline

Dec 29, 2023
Application Filed
Jan 20, 2026
Non-Final Rejection — §101
Apr 08, 2026
Response Filed

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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
91%
Grant Probability
99%
With Interview (+8.5%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 625 resolved cases by this examiner. Grant probability derived from career allow rate.

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