Prosecution Insights
Last updated: July 17, 2026
Application No. 18/454,029

DATA TRANSMISSION METHOD AND APPARATUS

Non-Final OA §103
Filed
Aug 22, 2023
Priority
Mar 23, 2021 — CN 202110310540.X +1 more
Examiner
BEYEN, ZEWDU A
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
708 granted / 850 resolved
+25.3% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
20 currently pending
Career history
881
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
88.5%
+48.5% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 850 resolved cases

Office Action

§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 . Claim Rejections - 35 USC § 103 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 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. Claim(s) 1-2, 5,10-11,15-17,20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo to (US20200037317A1) in view of Huang to (US 20210266886 A1) Regarding claims 1,16 Guo teaches a data transmission method, comprising: determining a transport block size, wherein the transport block size is related to a first parameter including at least one of the following: ([0043] discloses …DCI may include a plurality of transmission parameters related to the transport blocks to be transmitted. Based on the plurality of transmission parameters, the UE may determine a transport block size (TBS) for transmission of the transport blocks) a modulation and coding scheme (MCS), ([0104] discloses… obtained transmission parameters Q.sub.m, R, ν, Y and N.sup.XL.sub.PRB, determine the value of β based on the number of PRBs and the MCS order ) configuration information of a transmission resource, ([0058] discloses a total quantity of resource elements for transmission of the transport blocks, which is a product of the quantity of physical resource blocks and the quantity of resource elements per physical resource block) a quantized intermediate value N′.sub.info([0058] discloses …calculating an intermediate transport block size (TBS), and to the transport block size modifier 224 for modifying the intermediate TBS to generate a modified TBS) and sending or receiving data on the transmission resource based on the transport block size([0043] discloses DCI may include a plurality of transmission parameters related to the transport blocks to be transmitted. Based on the plurality of transmission parameters, the UE may determine a transport block size (TBS) for transmission of the transport blocks. .. the TBS determination may be performed by the BS and/or the UE, and may be applied to downlink and/or uplink TB transmissions) Guo does not explicitly teach including at least one of the following: an upper limit value N.sub.RE.sup.Th of the quantity of resources to which the transport block is mapped, an upper limit value T.sub.tb.sup.Th of the transport block size, or an upper limit value N′.sub.info.sup.Th of the quantized intermediate value However, Huang teaches an upper limit value N.sub.RE.sup.Th of the quantity of resources to which the transport block is mapped, an upper limit value T.sub.tb.sup.Th of the transport block size, or an upper limit value N′.sub.info.sup.Th of the quantized intermediate value([0165]… it may be useful to use the upper limit of the second stage 325 to determine the resource selection rather than the actual size of the additional feedback information 340 in the second stage 325…[0166]… using an upper limit for the total size of the feedback information 310 and the third option for using an upper limit for the size of the second stage 325, the determination of the quantity of resource blocks used to transmit the first stage 320 and the second stage 325 in the selected PUCCH resource…UE transmits nine resource blocks based on the upper limit for the second stage 325 being four (4) bits) Therefore; 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 Guo include an upper limit value N.sub.RE.sup.Th of the quantity of resources to which the transport block is mapped, an upper limit value T.sub.tb.sup.Th of the transport block size, or an upper limit value N′.sub.info.sup.Th of the quantized intermediate value, as suggested by Huang. This modification would benefit the system to conserve energy utilization. Regarding claims 2,17 Guo teaches wherein the quantity N.sub.RE of resources to which the transport block is mapped satisfies the following condition: N.sub.RE=min(N.sub.RE*, N.sub.RE.sup.Th); or N.sub.RE=N.sub.RE*, wherein min represents a function of taking a minimum value; and N.sub.RE* is a quantity that is determined based on the transmission resource and that is of resources to which the transport block can be mapped([0116]-[0117] discloses resources to which the transport block is mapped). Regarding claims 5,20 Guo teaches wherein the transport block size satisfies the following condition: TBS=min(TBS*, T.sub.tb.sup.Th); TBS represents the transport block size, TBS* represents a maximum value that is in a preset candidate transport block size set and that is less than N'info, and the preset candidate transport block size set comprises values of a plurality of transport block sizes ([0114] … when the total number of REs is small and the MCS modulation order is low, the total number of REs is set to be the minimum value or any other value of the RE set after quantization…[0112] discloses TBS calculation) Regarding claims 10, Guo teaches wherein a value of T.sub.tb.sup.Th is any one of 3744, 3752, 3776, 3824, 3848, 8192, 8216, and 8424, and/or a value of N′.sub.info.sup.Th is any one of 3744, 3776, 3808, 8192, and 8424(See, [0110], table 6C, “3808”). Regarding claims 11, Guo and Huang teaches wherein the upper limit value T.sub.tb.sup.Th of the transport block size is related to the target code rate corresponding to the MCS(Huang [0166] discloses the payload of the second stage 325 may be encoded with lower code rate, which may fill up the remaining resource blocks). Regarding claims 15, Guo teaches before the transport block size is determined, obtaining a message indicating a quantity of slots to which the transport block is mapped, wherein the message comprises an uplink grant message, a downlink grant message, a radio resource control (RRC) message, or a medium access control-control element (MAC-CE) message([0043] discloses …DCI may include a plurality of transmission parameters related to the transport blocks to be transmitted. Based on the plurality of transmission parameters, the UE may determine a transport block size (TBS) for transmission of the transport blocks). Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo to (US20200037317A1) in view of Huang to (US 20210266886 A1) further in view of Nimbalker to (US 20130308504 A1) Regarding claim 12, Guo and Huang does not explicitly teach when the target code rate corresponding to the MCS is less than 0.3, the value of TTh is 3752 However, Nimbalker teaches when the target code rate corresponding to the MCS is less than 0.3, the value of TTh is 3752([0071], table 2, “3752”) Therefore; 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 Guo and Huang include when the target code rate corresponding to the MCS is less than 0.3, the value of TTh is 3752, as suggested by Nimbalker. This modification would benefit the system to conserve energy utilization. Regarding claim 13, Guo and Huang does not explicitly teach wherein the transmission resource comprises one or more slots, and the quantity of slots comprised in the transmission resource is related to at least one of a parameter of the MCS, the configuration information of the transmission resource, or a quantity of scheduled RBs However, Nimbalker teaches wherein the transmission resource comprises one or more slots, and the quantity of slots comprised in the transmission resource is related to at least one of a parameter of the MCS, the configuration information of the transmission resource, or a quantity of scheduled RBs([0023] discloses the downlink pilot time slot (DwPTS) region for time division duplex (TDD) within each of the assigned RBs. With this simplicity, rather than adjusting TBS for every configuration, the 3GPP LTE specification allows the TBS to be fixed, but the coding rate (defined as (TBS+associated CRC overhead)/(modulation order*number of available REs used for PDSCH)) varies based on the dynamic configuration) Therefore; 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 Guo and Huang include wherein the transmission resource comprises one or more slots, and the quantity of slots comprised in the transmission resource is related to at least one of a parameter of the MCS, the configuration information of the transmission resource, or a quantity of scheduled RBs, as suggested by Nimbalker. This modification would benefit the system to conserve energy utilization. Regarding claim 14, Guo and Huang does not explicitly teach wherein the configuration information of the transmission resource comprises information indicating a transport block mapping manner, and the transport block mapping manner comprises mapping a transport block to a plurality of slots However, Nimbalker teaches wherein the configuration information of the transmission resource comprises information indicating a transport block mapping manner, and the transport block mapping manner comprises mapping a transport block to a plurality of slots([0069] The scaling or adjustment may be applied instead to the transport block look-up after reading the TBS table. For instance, a baseline TBS_L1 is taken from the (I.sub.TBS, N.sub.PRB) entry of Table 7.1.7.2.1-1 of the Rel-8/9/10 one layer transport block lookup, which is then translated into TBS_enhanced using a mapping as shown in a Table) Therefore; 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 Guo and Huang include wherein the configuration information of the transmission resource comprises information indicating a transport block mapping manner, and the transport block mapping manner comprises mapping a transport block to a plurality of slots, as suggested by Nimbalker. This modification would benefit the system to conserve energy utilization. Allowable Subject Matter Claims 3-4,6-9,18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 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 22, 2023
Application Filed
May 08, 2026
Non-Final Rejection mailed — §103 (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

1-2
Expected OA Rounds
83%
Grant Probability
98%
With Interview (+15.0%)
2y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 850 resolved cases by this examiner. Grant probability derived from career allowance rate.

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