Prosecution Insights
Last updated: August 16, 2026
Application No. 18/408,578

METHOD AND DEVICE IN NODES USED FOR WIRELESS COMMUNICATION

Non-Final OA §102
Filed
Jan 10, 2024
Priority
Jul 18, 2021 — CN 202110810123.1 +1 more
Examiner
ASRES, HERMON
Art Unit
2449
Tech Center
2400 — Computer Networks
Assignee
Apogee Networks LLC
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
302 granted / 376 resolved
+22.3% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
26 currently pending
Career history
397
Total Applications
across all art units

Statute-Specific Performance

§101
13.5%
-26.5% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 376 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/11/2024 and 08/05/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lei et al. (US Patent 11,101,936). As per claim 1, Lei teaches a first node for wireless communications, (Lei, see column 3 line 51-52, a Node-B, an enhanced Node B (eNB)) characterized in comprising: a first receiver, receiving Q1 bit blocks, (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit) Q1 being a positive integer greater than 1 (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers) and a first transmitter, transmitting a first message and a first bit block; wherein the first message is used for indicating an associated bit block set of each bit in the first bit block, and the associated bit block set of each bit in the first bit block comprises at least one bit block among the Q1 bit blocks (Lei, see column 4 line 51-57, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH). A maximum of two TBs can be transmitted in one PDSCH in one serving cell and in one sub-frame. One TB includes a plurality of code blocks, several code blocks in a TB are grouped into one code block group (C3G), and each code block within a code block group is independently decodable) and each bit in the first bit block is used for indicating whether a corresponding associated bit block set is correctly decoded (Lei, see column 5 line 3-5, When all the code blocks within one CBG are correctly decoded, the HARQ-ACK for the CBG is set to “ACK.). As per claim 2, Lei teaches the first node according to claim 1, characterized in that the first bit block consists of Q2 bit(s), Q2 being a positive integer less than Q1; the associated bit block set of each bit of the Q2 bit(s) consists of one or multiple bit blocks among the Q1 bit blocks; any of the Q1 bit blocks is associated with only one bit of the Q2 bit(s) (Lei, see column 10 line 15-19, The remote unit can signal the difference ΔMCS=MCS.sub.T−MCS.sub.R between the remote unit and the base unit using the available number of bits, e.g., the (N−M) redundant bits in the HARQ-ACK codebook.). As per claim 3, Lei teaches the first node according to claim 1, characterized in that any of the Q1 bit blocks belongs to only one bit block group of Q3 bit block groups; any bit in the first bit block belongs to only one bit sub-block of Q3 bit sub-blocks; the Q3 bit sub-blocks respectively indicate whether bit blocks in the Q3 bit block groups are correctly decoded, (Lei, see column 5 line 3-5, When all the code blocks within one CBG are correctly decoded, the HARQ-ACK for the CBG is set to “ACK.) the Q3 bit sub-blocks respectively corresponding to the Q3 bit block groups; for any of the Q3 bit sub-blocks, the first message is used for indicating an associated bit block set of each bit from a corresponding bit block group; Q3 is a positive integer greater than 1 and less than Q1 (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers). As per claim 4, Lei teaches the first node according to claim 1, characterized in that a second bit block consists of Q4 bits, and each bit block among the Q1 bit blocks corresponds to one bit among the Q4 bits, Q4 being a positive integer greater than 1; (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers) the first message is used for indicating an associated bit set of each bit in the first bit block, the associated bit set of each bit in the first bit block comprising at least one bit among the Q4 bits; an associated bit block set of a given bit in the first bit block comprises all bit block(s) among the Q1 bit blocks that corresponds/correspond to any bit in an associated bit set of the given bit in the first bit block (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit). As per claim 5, Lei teaches the first node according to claim 1, characterized in comprising: the first receiver, receiving a first signaling; wherein the first signaling is used for indicating L1 association methods, and the first message is used for indicating a first association method among the L1 association methods, (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit). the first association method being used to determine bit block(s) associated with each bit in the first bit block among the Q1 bit blocks; L1 is a positive integer greater than 1. (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers). As per claim 6, Lei teaches the first node according to claim 1, characterized in that the first message and the first bit block are transmitted on a same physical layer channel. (Lei see column 4 line 50-53, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH)). As per claim 7, Lei teaches the first node according to claim 1, characterized in that the first message and the first bit block are transmitted respectively on two physical layer channels (Lei see column 4 line 50-53, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH)). As per claim 8, Lei teaches a second node for wireless communications, (Lei, see column 3 line 51-52, a Node-B, an enhanced Node B (eNB)) characterized in comprising: a second transmitter, (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit) transmitting Q1 bit blocks, Q1 being a positive integer greater than 1; (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers) and a second receiver, receiving a first message and a first bit block; wherein the first message is used for indicating an associated bit block set of each bit in the first bit block, and the associated bit block set of each bit in the first bit block comprises at least one bit block among the Q1 bit blocks, (Lei, see column 4 line 51-57, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH). A maximum of two TBs can be transmitted in one PDSCH in one serving cell and in one sub-frame. One TB includes a plurality of code blocks, several code blocks in a TB are grouped into one code block group (C3G), and each code block within a code block group is independently decodable) and each bit in the first bit block is used for indicating whether a corresponding associated bit block set is correctly decoded. (Lei, see column 5 line 3-5, When all the code blocks within one CBG are correctly decoded, the HARQ-ACK for the CBG is set to “ACK.). As per claim 9, Lei teaches the second node according to claim 8, characterized in that the first bit block consists of Q2 bit(s), Q2 being a positive integer less than Q1; the associated bit block set of each bit of the Q2 bit(s) consists of one or multiple bit blocks among the Q1 bit blocks; any of the Q1 bit blocks is associated with only one bit of the Q2 bit(s). (Lei, see column 10 line 15-19, The remote unit can signal the difference ΔMCS=MCS.sub.T−MCS.sub.R between the remote unit and the base unit using the available number of bits, e.g., the (N−M) redundant bits in the HARQ-ACK codebook.). As per claim 10, Lei teaches the second node according to claim 8, characterized in that any of the Q1 bit blocks belongs to only one bit block group of Q3 bit block groups; any bit in the first bit block belongs to only one bit sub-block of Q3 bit sub-blocks; the Q3 bit sub-blocks respectively indicate whether bit blocks in the Q3 bit block groups are correctly decoded, (Lei, see column 5 line 3-5, When all the code blocks within one CBG are correctly decoded, the HARQ-ACK for the CBG is set to “ACK.) the Q3 bit sub-blocks respectively corresponding to the Q3 bit block groups; for any of the Q3 bit sub-blocks, the first message is used for indicating an associated bit block set of each bit from a corresponding bit block group; Q3 is a positive integer greater than 1 and less than Q1. (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers). As per claim 11, Lei teaches the second node according to claim 8, characterized in that a second bit block consists of Q4 bits, and each bit block among the Q1 bit blocks corresponds to one bit among the Q4 bits, Q4 being a positive integer greater than 1; (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers) the first message is used for indicating an associated bit set of each bit in the first bit block, the associated bit set of each bit in the first bit block comprising at least one bit among the Q4 bits; an associated bit block set of a given bit in the first bit block comprises all bit block(s) among the Q1 bit blocks that corresponds/correspond to any bit in an associated bit set of the given bit in the first bit block. (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit). As per claim 12, Lei teaches the second node according to claim 8, characterized in comprising: the second transmitter, transmitting a first signaling; wherein the first signaling is used for indicating L1 association methods, (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit). and the first message is used for indicating a first association method among the L1 association methods, the first association method being used to determine bit block(s) associated with each bit in the first bit block among the Q1 bit blocks; L1 is a positive integer greater than 1. (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers). As per claim 13, Lei teaches the second node according to claim 8, characterized in that the first message and the first bit block are transmitted on a same physical layer channel. (Lei see column 4 line 50-53, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH)). As per claim 14, Lei teaches a method in a first node for wireless communications, (Lei, see column 3 line 51-52, a Node-B, an enhanced Node B (eNB)) characterized in comprising: receiving Q1 bit blocks, Q1 being a positive integer greater than 1; and transmitting a first message and a first bit block; (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit) wherein the first message is used for indicating an associated bit block set of each bit in the first bit block, and the associated bit block set of each bit in the first bit block comprises at least one bit block among the Q1 bit blocks, (Lei, see column 4 line 51-57, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH). A maximum of two TBs can be transmitted in one PDSCH in one serving cell and in one sub-frame. One TB includes a plurality of code blocks, several code blocks in a TB are grouped into one code block group (C3G), and each code block within a code block group is independently decodable) and each bit in the first bit block is used for indicating whether a corresponding associated bit block set is correctly decoded (Lei, see column 5 line 3-5, When all the code blocks within one CBG are correctly decoded, the HARQ-ACK for the CBG is set to “ACK.). As per claim 15, Lei teaches the method in the first node according to claim 14, characterized in that the first bit block consists of Q2 bit(s), Q2 being a positive integer less than Q1; the associated bit block set of each bit of the Q2 bit(s) consists of one or multiple bit blocks among the Q1 bit blocks; any of the Q1 bit blocks is associated with only one bit of the Q2 bit(s). (Lei, see column 10 line 15-19, The remote unit can signal the difference ΔMCS=MCS.sub.T−MCS.sub.R between the remote unit and the base unit using the available number of bits, e.g., the (N−M) redundant bits in the HARQ-ACK codebook.). As per claim 16, Lei teaches the method in the first node according to claim 14, characterized in that any of the Q1 bit blocks belongs to only one bit block group of Q3 bit block groups; any bit in the first bit block belongs to only one bit sub-block of Q3 bit sub-blocks; the Q3 bit sub-blocks respectively indicate whether bit blocks in the Q3 bit block groups are correctly decoded, (Lei, see column 5 line 3-5, When all the code blocks within one CBG are correctly decoded, the HARQ-ACK for the CBG is set to “ACK.) the Q3 bit sub-blocks respectively corresponding to the Q3 bit block groups; for any of the Q3 bit sub-blocks, the first message is used for indicating an associated bit block set of each bit from a corresponding bit block group; Q3 is a positive integer greater than 1 and less than Q1. (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers). As per claim 17, Lei teaches the method in the first node according to claim 14, characterized in that a second bit block consists of Q4 bits, and each bit block among the Q1 bit blocks corresponds to one bit among the Q4 bits, Q4 being a positive integer greater than 1; (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers) the first message is used for indicating an associated bit set of each bit in the first bit block, the associated bit set of each bit in the first bit block comprising at least one bit among the Q4 bits; an associated bit block set of a given bit in the first bit block comprises all bit block(s) among the Q1 bit blocks that corresponds/correspond to any bit in an associated bit set of the given bit in the first bit block. (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit). As per claim 18, Lei teaches the method in the first node according to claim 14, characterized in comprising: receiving a first signaling; wherein the first signaling is used for indicating L1 association methods, (Lei, see column 2 line 3-9, wherein each code block within a code block group is independently decodable; a hybrid automatic repeat request acknowledgement (HARQ-ACK) codebook size corresponding to the first number of code block groups is determined; and a HARQ-ACK codebook is received from the remote unit) and the first message is used for indicating a first association method among the L1 association methods, the first association method being used to determine bit block(s) associated with each bit in the first bit block among the Q1 bit blocks; L1 is a positive integer greater than 1. (Lei, see column 10 line 51-55, For example, the parameters {a1, a2, b2, . . . } are positive integers). As per claim 19, Lei teaches the method in the first node according to claim 14, characterized in that the first message and the first bit block are transmitted on a same physical layer channel. (Lei see column 4 line 50-53, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH)). As per claim 20, Lei teaches the method in the first node according to claim 14, characterized in that the first message and the first bit block are transmitted respectively on two physical layer channels. (Lei see column 4 line 50-53, downlink (DL) transport blocks (TBs) are carried on the Physical Downlink Shared Channel (PDSCH)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HERMON ASRES whose telephone number is (571)272-4257. The examiner can normally be reached Monday to Friday 9AM to 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, Vivek Srivastava can be reached at (571)272-7304. 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. /HERMON ASRES/Primary Examiner, Art Unit 2449
Read full office action

Prosecution Timeline

Jan 10, 2024
Application Filed
May 13, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707423
FALLBACK BEHAVIOR FOR SOUNDING REFERENCE SIGNAL TRANSMISSIONS
2y 2m to grant Granted Aug 11, 2026
Patent 12689583
VIRTUAL ROUTER FUNCTION SHARDING FOR SCALABLE MULTI-TENANT ROUTING
3y 1m to grant Granted Jul 21, 2026
Patent 12684411
Congestion Control for Sidelink Transmissions
3y 0m to grant Granted Jul 14, 2026
Patent 12677300
SIGNALING RESOURCE INFORMATION FOR SIDELINK RELIABILITY
2y 6m to grant Granted Jul 07, 2026
Patent 12670034
CLUSTER COMPUTING
1y 5m to grant Granted Jun 30, 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

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+19.0%)
3y 0m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 376 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