Prosecution Insights
Last updated: April 19, 2026
Application No. 18/406,250

COMMUNICATION METHOD, APPARATUS, AND DEVICE, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jan 08, 2024
Examiner
MAK, RODRICK
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
183 granted / 242 resolved
+17.6% vs TC avg
Strong +27% interview lift
Without
With
+26.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
50 currently pending
Career history
292
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
63.6%
+23.6% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 242 resolved cases

Office Action

§102 §103
DETAILED ACTION This office action is a response to the application filed 8 January 2024, as a continuation of PCT/CN2021/105619 filed 9 July 2021, wherein claims 1-20 are pending and ready for examination. 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 . 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. Information Disclosure Statement The information disclosure statements (IDS) submitted on 30 September 2024 and 15 January 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Communication Method for Improving Transmission Efficiency Involves Using Transmission Indication Information for Indicating Length of First Transport Block or Position of First Coding Block Group in First Transport Block. Claim Rejections - 35 USC § 102 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. Claims 1-4, 8, 11-14, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20180115220 A1. A machine translation of KR 20180115220 A1 is provided and hereby referred as Park. Regarding claim 1, Park teaches a communication method, comprising: sending, by a first communication device, first information to a second communication device, wherein the first information comprises transmission indication information and at least one first code block group (CBG) of a first transport block (TB), and the transmission indication information indicates a length of the first TB and/or a location of the at least one first CBG in the first TB (Park, Fig. 3, p. 24; the base station can transmit information indicating the maximum number of code block groups per transport block to the UE through an upper layer signaling, e.g. RRC signaling. The base station may transmit DCI including scheduling information on the data channel to the terminal, where the DCI may include transmission indication information for a code block group for retransmission of a data channel). Regarding claim 11, Park teaches a communication method, comprising: receiving, by a second communication device, first information sent by a first communication device, wherein the first information comprises transmission indication information and at least one first CBG of a TB, and the transmission indication information indicates a length of the TB and/or a location of the at least one first CBG in the TB (Park, Fig. 3, p. 24; the base station can transmit information indicating the maximum number of code block groups per transport block to the UE through an upper layer signaling, e.g. RRC signaling. The base station may transmit DCI including scheduling information on the data channel to the terminal, where the DCI may include transmission indication information for a code block group for retransmission of a data channel). Regarding claim 20, Park teaches a communication apparatus, comprising a processor and a memory, the memory is configured to store a computer program, and the processor is configured to execute the computer program stored in the memory, to enable the communication apparatus (Park, p. 24; Park teaches a base station is performing the step below. The examiner contends that a processor, a memory, and a computer program that are recited above amounts to general elements of a computer and are inherent in a base station) to: send first information to a second communication device, wherein the first information comprises transmission indication information and at least one first code block group (CBG) of a transport block (TB), and the transmission indication information indicates a length of the TB and/or a location of the at least one CBG in the TB (Park, Fig. 3, p. 24; the base station can transmit information indicating the maximum number of code block groups per transport block to the UE through an upper layer signaling, e.g. RRC signaling. The base station may transmit DCI including scheduling information on the data channel to the terminal, where the DCI may include transmission indication information for a code block group for retransmission of a data channel). Regarding claims 2 and 12, Park teaches the method according to claim 1 and the method according to claim 11 above. Further, Park teaches wherein the transmission indication information comprises information indicating that the at least one first CBG is all or a part of CBGs of the first TB (Park, Fig. 3, p. 24; the transmission indication information for the code block group may be indicated by a bitmap consisting of bits as many as the maximum number of code block groups per TB, where how each bit of the bitmap is set such that a code block group indicated by the bit set to 0 indicates the code block group is not transmitted through the data channel). Regarding claims 3 and 13, Park teaches the method according to claim 1 and the method according to claim 11 above. Further, Park teaches wherein when the at least one first CBG is all CBGs of the first TB, the transmission indication information comprises information that indicates the length of the first TB and/or modulation and coding scheme information (Park, Fig. 3, p. 24; the base station can transmit information indicating the maximum number of code block groups per transport block to the UE through an upper layer signaling, e.g. RRC signaling. The base station may transmit DCI including scheduling information on the data channel to the terminal, where the DCI may include transmission indication information for a code block group for retransmission of a data channel); or when the at least one first CBG is a part of the CBGs of the first TB, the transmission indication information comprises information about the location of the at least one first CBG in the first TB. Regarding claims 4 and 14, Park teaches the method according to claim 1 and the method according to claim 11 above. Further, Park teaches wherein the transmission indication information comprises a first bitmap, bits in the first bitmap are in a one-to-one correspondence with CBGs comprised in the first TB, and the bits in the first bitmap indicate whether the corresponding CBGs in the first TB are comprised in the at least one first CBG (Park, Fig. 3, p. 24; the transmission indication information for the code block group may be indicated by a bitmap consisting of bits as many as the maximum number of code block groups per TB, where how each bit of the bitmap is set such that a code block group indicated by the bit set to 0 indicates the code block group is not transmitted through the data channel). Regarding claims 8 and 18, Park teaches the method according to claim 1 and the method according to claim 11 above. Further, Park teaches wherein when the at least one first CBG is a part of CBGs of the first TB, the at least one first CBG is a retransmitted CBG, and a length of a TB and/or a modulation and coding scheme corresponding to the at least one first CBG are/is the same as a length of the first TB and/or a modulation and coding scheme that indicated during initial transmission of the first TB (Park, Fig. 3, p. 24; the base station can transmit information indicating the maximum number of code block groups per transport block to the UE through an upper layer signaling, e.g. RRC signaling. The base station may transmit DCI including scheduling information on the data channel to the terminal, where the DCI may include transmission indication information for a code block group for retransmission of a data channel). 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. Claims 5-7, 9, 10, 15-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claims 1 and 11 above, and further in view of LG Electronics: “Considerations on CBG retransmission for NR, 3GPP Draft; R1-1717967 NR CBG Retransmission_final, 3GPP, Mobile Competence Centre; vol. RAN WG1, no. Prague, CZ; 20171009-20171013 8 October 2017, hereafter referred LG. LG was cited by applicant’s IDS filed 30 September 2024. Regarding claims 5 and 15, Park teaches the method according to claim 1 and the method according to claim 11 above. Park does not expressly teach wherein the transmission indication information comprises a first field; and when the first field is a first value, the at least one first CBG is a part of CBGs of the first TB; or when the first field is any value in a preset value set, the at least one first CBG is all the CBGs of the first TB, wherein the preset value set does not comprise the first value. However, LG teaches wherein the transmission indication information comprises a first field; and when the first field is a first value, the at least one first CBG is a part of CBGs of the first TB; or when the first field is any value in a preset value set, the at least one first CBG is all the CBGs of the first TB, wherein the preset value set does not comprise the first value (LG, p. 2, lines 13-29; on the CBG mode 1, firstly 1-bit flag (denoted as TB/CBG flag) is included in the DCI for indication of whether whole TB is (re)transmitted or partial TB (in CBG level) is retransmitted via the scheduled PDSCH). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Park to include the above recited limitations as taught by LG in order to reduce DCI overhead (LG, p. 2, lines 13-29). Regarding claims 6 and 16, Park in view of LG teaches the method according to claim 5 and the method according to claim 15 above. Park does not expressly teach wherein when the first field is any value in the preset value set, the first field indicates corresponding modulation and coding scheme information. However, LG teaches wherein when the first field is any value in the preset value set, the first field indicates corresponding modulation and coding scheme information (LG, p.2, lines 13-29; in case when the TB/CBG-flag in the DCI indicates whole TB transmission, function or interpretation of NDI, MCS/TBS, and other DCI fields (e.g. RV, HARQ process ID, resource allocation) is the same with the case not configured with CBG based retransmission (i.e. TB level scheduling), and neither CBGTI nor CBG FI is included in the DCI in this case and the NDI represents the sequence number). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Park to include the above recited limitations as taught by LG in order to reduce DCI overhead (LG, p. 2, lines 13-29). Regarding claims 7 and 17, Park in view of LG teaches the method according to claim 5 and the method according to claim 15 above. Park does not expressly teach wherein the transmission indication information further comprises a second field; and when the first field is the first value, the second field indicates the location of the at least one first CBG in the first TB; or when the first field is any value in the preset value set, the second field indicates the length of the first TB. However, LG teaches wherein the transmission indication information further comprises a second field; and when the first field is the first value, the second field indicates the location of the at least one first CBG in the first TB; or when the first field is any value in the preset value set, the second field indicates the length of the first TB (LG, p.2, lines 13-29; in case when the TB/CBG-flag in the DCI indicates whole TB transmission, function or interpretation of NDI, MCS/TBS, and other DCI fields (e.g. RV, HARQ process ID, resource allocation) is the same with the case not configured with CBG based retransmission (i.e. TB level scheduling), and neither CBGTI nor CBG FI is included in the DCI in this case and the NDI represents the sequence number). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Park to include the above recited limitations as taught by LG in order to reduce DCI overhead (LG, p. 2, lines 13-29). Regarding claim 9, Park teaches the method according to claim 1 above. Park does not expressly teach wherein the first information further comprises CBG feedback information indicating whether a CBG in a second TB previously sent by the second communication device is correctly received. However, LG teaches wherein the first information further comprises CBG feedback information indicating whether a CBG in a second TB previously sent by the second communication device is correctly received (LG, p. 2, lines 13-29; on the CBG mode 1, firstly, 1-bit flag (denoted as TB/CBG-flag) is included in the DCI for indication of whether whole TB is (re)transmitted or partial TB (in CBG level) is retransmitted via the scheduled PDSCH). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Park to include the above recited limitations as taught by LG in order to reduce DCI overhead (LG, p. 2, lines 13-29). Regarding claims 10 and 19, Park teaches the method according to claim 1 and the method according to claim 11 above. Park does not expressly teach wherein the first information further comprises a sequence number of the first TB, and the sequence number of the first TB indicates whether the first TB is the same as or different from a third TB previously sent by the first communication device to the second communication device. However, LG teaches wherein the first information further comprises a sequence number of the first TB, and the sequence number of the first TB indicates whether the first TB is the same as or different from a third TB previously sent by the first communication device to the second communication device (LG, p.2, lines 13-29; in case when the TB/CBG-flag in the DCI indicates whole TB transmission, function or interpretation of NDI, MCS/TBS, and other DCI fields (e.g. RV, HARQ process ID, resource allocation) is the same with the case not configured with CBG based retransmission (i.e. TB level scheduling), and neither CBGTI nor CBGFI is included in the DCI in this case. On the other hand, in case when TB/CBG-flag indicates partial TB retransmission, following approach is used for reduction of unnecessary DCI overhead: 1) 1-bit NDI field is used as 1-0bit CBGFI, 2) L-bit MCS/TBS field is split with two parts: Part 1 (M-bit) is used to indicate the modulation order while Part 2 (K-bit) is used as CBGTI where L=M+K and TBS indication is not necessary in this case since TBS can be provided to the UE in advance by the DCI with TB/CBG-flag indicating whole TB transmission). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Park to include the above recited limitations as taught by LG in order to reduce DCI overhead (LG, p. 2, lines 13-29). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODRICK MAK whose telephone number is (571)270-0284. The examiner can normally be reached Monday - Friday 9:30 am - 5:30 pm. 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, Noel Beharry can be reached at 571-270-5630. 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. /R.M./Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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Prosecution Timeline

Jan 08, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+26.6%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 242 resolved cases by this examiner. Grant probability derived from career allow rate.

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