Prosecution Insights
Last updated: July 17, 2026
Application No. 18/474,457

MODULATION AND CODING DETERMINING METHOD AND RELATED DEVICE

Non-Final OA §103
Filed
Sep 26, 2023
Priority
Mar 29, 2021 — continuation of PCTCN2021083666
Examiner
BAIG, ADNAN
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Non-Final)
69%
Grant Probability
Favorable
2-3
OA Rounds
7m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
387 granted / 563 resolved
+10.7% vs TC avg
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
36 currently pending
Career history
622
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
92.5%
+52.5% vs TC avg
§102
2.6%
-37.4% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 563 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 . Response to Arguments Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection set forth. 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. Claims 1, 9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), and further in view of Shaik et al. US (2015/0309828). Regarding Claim 1, Nimbalker discloses a modulation and coding determining method, applied to a terminal device (see Figures 1A-1B i.e., UE 102), the modulation and coding determining method comprising: receiving scheduling information sent by a network device, (see Para’s [0110] i.e., the gNB 105 may encode, for transmission to the UE 102, DCI that includes a scheduled MCS and a scheduled bandwidth & [0146] i.e., The operations may further configure the processing circuitry to encode, for transmission to the UE, downlink control information (DCI) that includes a scheduled modulation and coding scheme (MCS) and a scheduled bandwidth) wherein the scheduling information comprises a modulation and coding scheme (MCS} index and an actual scheduled bandwidth, (see Para’s [0087] i.e., comparison between a scheduled MCS (i.e., includes an MCS value or “MCS index”) and a plurality of MCS thresholds , [0091-0093] i.e., range of MCS-0 through MCS-28 (i.e., “MCS index”), [0117] i.e., scheduled MCS index, [0135] i.e., The processing circuitry may be further configured to determine a code rate and a modulation order based on the scheduled MCS indicated in the DCI (i.e., scheduled MCS is an MCS index which is used to determine the corresponding code rate and modulation order), & [0146] i.e., The operations may further configure the processing circuitry to encode, for transmission to the UE, downlink control information (DCI) that includes a scheduled modulation and coding scheme (MCS) and a scheduled bandwidth) determining a modulation mode based on the MCS index; (see Para’s [0125] i.e., the PT-RS time domain pattern may be determined by the equivalent MCS, which can be determined by the modulation order as well as the equivalent coding rate…MCS with the same modulation order (i.e., “modulation mode”), [0129], [0135] i.e., The processing circuitry may be further configured to determine a code rate and a modulation order based on the scheduled MCS indicated in the DCI (i.e., scheduled MCS is an MCS index which is used to determine the corresponding code rate and modulation order)) determining a coding parameter based on the modulation mode and the actual scheduled bandwidth; (see Para’s [0087] i.e., the UE may determine the time density and frequency density of the PT-RS based on the scheduled MCS and scheduled bandwidth & [0125] i.e., the PT-RS time domain pattern may be determined by the equivalent MCS, which can be determined by the modulation order as well as the equivalent coding rate (i.e., “coding parameter”) & [0135] i.e., The processing circuitry may be further configured to determine a code rate (i.e., “coding parameter”) and a modulation order based on the scheduled MCS indicated in the DCI) and performing channel coding on a signal based on the coding parameter, to obtain a coded signal, (see Para’s [0086-0087] the UE 102 may encode the PT-RS for transmission in accordance with the determined time density and the determined frequency density, [0125] i.e., channel coding is performed for the PT-RS transmission (i.e., “coded signal”) based on the determined coding rate, [0135] i.e., The processing circuitry may be further configured to determine a code rate (i.e., “coding parameter”) and a modulation order based on the scheduled MCS indicated in the DCI, & [0146]) Nimbalker does not disclose the claim feature of determining a bandwidth adjustment factor based on the modulation mode. However the claim feature would be rendered obvious in view of Cao et al. US (2015/0282008). Cao discloses a terminal determining a bandwidth adjustment factor based on the modulation mode (see Para’s [0058] i.e., the transmission characteristics, e.g., bandwidth allocation and/or MCS, may inform the MTD information about the signal waveform to be used by the MTD, as well as a MCS level to be used for the transmission…Alternatively, the transmission characteristics may be received after the eNB adjusts the bandwidth and/or MCS level of the signal waveform to meet changing communication system load, [0065] i.e., the signal waveforms are associated with a variety of MCS levels and bandwidth choices…MCS levels are associated with a modulation mode such as QPSK and 16-QAM modulation and an associated code rate & [0071] i.e., Adjusting unit 826 is configured to adjust transmission parameters, e.g., bandwidth and/or MCS level, of MTD. Adjusting unit 826 is configured to consider communication system load, as well as channel condition (e.g., SINR, SNR, and the like), as it adjusts the bandwidth and/or MCS level. Adjusting unit 826 is configured to generate signaling to inform MTDs regarding any adjustments in their bandwidth (i.e., “bandwidth adjustment factor”) and/or MCS level) (i.e., the terminal determines a new modulation mode from the updated MCS level and calculates the bandwidth adjustment factor required to process the data signal transmission)). (Cao suggests the adjusting unit 826 in the base station (see Fig. 8) adjusts the bandwidth and/or MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission (see Para [0065]) based on considering system load and channel conditions (e.g., SINR, SNR) for adapting the transmission characteristics to meet changing communications system load, (see Para [0058])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the channel coding performed on the signal performed by the terminal based on the modulation mode and the scheduled bandwidth as disclosed in Nimbalker to include determining a bandwidth adjustment factor based on the modulation mode as disclosed in the teachings of Cao, because the motivation lies in Cao that an adjusting unit in the base station adjusts the bandwidth and MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission based on considering system load and channel conditions such as SINR, SNR for adapting the transmission characteristics to meet changing communications system load. The combination of Nimbalker in view of Cao does not disclose the claim feature of wherein the bandwidth adjustment factor corresponds to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth. However the claim feature would be rendered obvious in view of Shaik et al. US (2015/0309828). Shaik discloses wherein a bandwidth adjustment factor corresponds to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth (see Fig. 8 & Para [0052] i.e., For example, a bandwidth of 10 MBs may be set for the virtual connection 804A (i.e., “actual scheduled bandwidth”) and later updated to 12 Mbps & [0054-0055] i.e., In another embodiment, if not enough bandwidth is available to satisfy all virtual machines, then the network tools 810 may increase the bandwidth of virtual machines by an incremental bandwidth amount (i.e., “bandwidth adjustment factor”) equal to (an actual bandwidth required by the virtual machine) (i.e., the actual bandwidth required by the VM may be equal to its actual scheduled bandwidth) divided by (i.e., “division threshold”) (a total bandwidth required by all virtual machines) (i.e., total bandwidth required by all VMs may equate to a virtual scheduled “bandwidth”) multiplied by a total free available bandwidth at the network connection 820 & [0056-0057] i.e., Additional incremental bandwidth (i.e., “bandwidth adjustment factor”)). (Shaik suggests the bandwidth for the virtual machines may be increased (i.e., “adjusted”) by the incremental bandwidth amount (i.e., “bandwidth adjustment factor”) if there is not enough available bandwidth available to satisfy the bandwidth requirement of virtual machines by properly allocating required bandwidth for traffic of VMs based on network utilization of the VMs and for properly sharing the free available bandwidth (see Para’s [0054-0057])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the bandwidth adjustment factor determined for the terminal for transmission of data traffic as disclosed in Nimbalker in view of Cao to correspond to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth according to the bandwidth adjustment factor as disclosed in the teachings of Shaik, because the motivation lies in Shaik that the bandwidth for the virtual machines may be increased (i.e., “adjusted”) by the incremental bandwidth amount (i.e., “bandwidth adjustment factor”) if there is not enough available bandwidth available to satisfy the bandwidth requirement of virtual machines by properly allocating required bandwidth for traffic of VMs based on network utilization of the VMs and for properly sharing the free available bandwidth. Regarding Claim 9, Nimbalker discloses a modulation and coding determining method, applied to a network device (see Fig. 1A i.e., eNB & Fig. 4 i.e., base station 400 & Para [0047]), the modulation and coding determining method comprising: determining scheduling information, (see Para’s [0110] i.e., the gNB 105 may encode, for transmission to the UE 102, DCI that includes a scheduled MCS and a scheduled bandwidth & [0146] i.e., The operations may further configure the processing circuitry to encode, for transmission to the UE, downlink control information (DCI) that includes a scheduled modulation and coding scheme (MCS) and a scheduled bandwidth) wherein the scheduling information comprises a modulation and coding scheme (MCS} index and an actual scheduled bandwidth; (see Para’s [0087] i.e., comparison between a scheduled MCS (i.e., includes an MCS value or “MCS index”) and a plurality of MCS thresholds , [0091-0093] i.e., range of MCS-0 through MCS-28 (i.e., “MCS index”), [0117] i.e., scheduled MCS index, [0135] i.e., The processing circuitry may be further configured to determine a code rate and a modulation order based on the scheduled MCS indicated in the DCI (i.e., scheduled MCS is an MCS index which is used to determine the corresponding code rate and modulation order), & [0146] i.e., The operations may further configure the processing circuitry to encode, for transmission to the UE, downlink control information (DCI) that includes a scheduled modulation and coding scheme (MCS) and a scheduled bandwidth) and sending the scheduling information (see Para’s [0110] & [0146]), wherein the scheduling information is used to indicate a terminal device to perform channel coding, (see Para’s [0087] i.e., the UE may encode the PT-RS for transmission, [0110], [0125] i.e., the PT-RS time domain pattern may be determined by the equivalent MCS, which can be determined by the modulation order as well as the equivalent coding rate…equivalent MCS coding rate can be used & [0135] i.e., The processing circuitry may be further configured to determine a code rate and a modulation order based on the scheduled MCS indicated in the DCI (i.e., the terminal determines to perform channel coding by determining a code rate based on the received scheduled MCS in the scheduling information), & [0146] i.e., DCI that includes a scheduled MCS and a scheduled bandwidth (i.e., the scheduling information including scheduled MCS is used to indicate to the terminal to perform channel coding based on the terminal determining an associate code rate and modulation order based on the scheduled MCS)) Nimbalker does not disclose the claim feature of determining a bandwidth adjustment factor based on the modulation mode. However the claim feature would be rendered obvious in view of Cao et al. US (2015/0282008). Cao discloses a terminal determining a bandwidth adjustment factor based on the modulation mode (see Para’s [0058] i.e., the transmission characteristics, e.g., bandwidth allocation and/or MCS, may inform the MTD information about the signal waveform to be used by the MTD, as well as a MCS level to be used for the transmission…Alternatively, the transmission characteristics may be received after the eNB adjusts the bandwidth and/or MCS level of the signal waveform to meet changing communication system load, [0065] i.e., the signal waveforms are associated with a variety of MCS levels and bandwidth choices…MCS levels are associated with a modulation mode such as QPSK and 16-QAM modulation and an associated code rate & [0071] i.e., Adjusting unit 826 is configured to adjust transmission parameters, e.g., bandwidth and/or MCS level, of MTD. Adjusting unit 826 is configured to consider communication system load, as well as channel condition (e.g., SINR, SNR, and the like), as it adjusts the bandwidth and/or MCS level. Adjusting unit 826 is configured to generate signaling to inform MTDs regarding any adjustments in their bandwidth (i.e., “bandwidth adjustment factor”) and/or MCS level) (i.e., the terminal determines a new modulation mode from the updated MCS level and calculates the bandwidth adjustment factor required to process the data signal transmission)). (Cao suggests the adjusting unit 826 in the base station (see Fig. 8) adjusts the bandwidth and/or MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission (see Para [0065]) based on considering system load and channel conditions (e.g., SINR, SNR) for adapting the transmission characteristics to meet changing communications system load, (see Para [0058])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the channel coding performed on the signal performed by the terminal based on the modulation mode and the scheduled bandwidth as disclosed in Nimbalker to include determining a bandwidth adjustment factor based on the modulation mode as disclosed in the teachings of Cao, because the motivation lies in Cao that an adjusting unit in the base station adjusts the bandwidth and MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission based on considering system load and channel conditions such as SINR, SNR for adapting the transmission characteristics to meet changing communications system load. The combination of Nimbalker in view of Cao does not disclose the claim feature of wherein the bandwidth adjustment factor corresponds to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth. However the claim feature would be rendered obvious in view of Shaik et al. US (2015/0309828). Shaik discloses wherein a bandwidth adjustment factor corresponds to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth (see Fig. 8 & Para [0052] i.e., For example, a bandwidth of 10 MBs may be set for the virtual connection 804A (i.e., “actual scheduled bandwidth”) and later updated to 12 Mbps & [0054-0055] i.e., In another embodiment, if not enough bandwidth is available to satisfy all virtual machines, then the network tools 810 may increase the bandwidth of virtual machines by an incremental bandwidth amount (i.e., “bandwidth adjustment factor”) equal to (an actual bandwidth required by the virtual machine) (i.e., the actual bandwidth required by the VM may be equal to its actual scheduled bandwidth) divided by (i.e., “division threshold”) (a total bandwidth required by all virtual machines) (i.e., total bandwidth required by all VMs may equate to a virtual scheduled “bandwidth”) multiplied by a total free available bandwidth at the network connection 820 & [0056-0057] i.e., Additional incremental bandwidth (i.e., “bandwidth adjustment factor”)). (Shaik suggests the bandwidth for the virtual machines may be increased (i.e., “adjusted”) by the incremental bandwidth amount (i.e., “bandwidth adjustment factor”) if there is not enough available bandwidth available to satisfy the bandwidth requirement of virtual machines by properly allocating required bandwidth for traffic of VMs based on network utilization of the VMs and for properly sharing the free available bandwidth (see Para’s [0054-0057])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the bandwidth adjustment factor determined for the terminal for transmission of data traffic as disclosed in Nimbalker in view of Cao to correspond to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth according to the bandwidth adjustment factor as disclosed in the teachings of Shaik, because the motivation lies in Shaik that the bandwidth for the virtual machines may be increased (i.e., “adjusted”) by the incremental bandwidth amount (i.e., “bandwidth adjustment factor”) if there is not enough available bandwidth available to satisfy the bandwidth requirement of virtual machines by properly allocating required bandwidth for traffic of VMs based on network utilization of the VMs and for properly sharing the free available bandwidth. Regarding Claim 15, Nimbalker discloses a device (see Figures 1A-1B i.e., UE 102 & Fig. 2 & Para [0036] i.e., the machine 200 may be a UE), comprising: a processor (see Fig. 2 i.e., processor 202); and a non-transitory computer-readable storage medium storing a program to be executed by the processor (see Para’s [0040-0042] i.e., machine readable medium on which is stored one or more sets of data structures or instructions 224 (e.g., software) (i.e., “program”) executed by the machine 200…the machine readable medium may include a non-transitory computer-readable storage medium, [0035], & [0066]), the program including instructions to: receive scheduling information sent by a network device, (see Para’s [0110] i.e., the gNB 105 may encode, for transmission to the UE 102, DCI that includes a scheduled MCS and a scheduled bandwidth & [0146] i.e., The operations may further configure the processing circuitry to encode, for transmission to the UE, downlink control information (DCI) that includes a scheduled modulation and coding scheme (MCS) and a scheduled bandwidth) wherein the scheduling information comprises a modulation and coding scheme (MCS} index and an actual scheduled bandwidth, (see Para’s [0087] i.e., comparison between a scheduled MCS (i.e., includes an MCS value or “MCS index”) and a plurality of MCS thresholds, [0091-0093] i.e., range of MCS-0 through MCS-28 (i.e., “MCS index”), [0117] i.e., scheduled MCS index, [0135] i.e., The processing circuitry may be further configured to determine a code rate and a modulation order based on the scheduled MCS indicated in the DCI (i.e., scheduled MCS is an MCS index which is used to determine the corresponding code rate and modulation order), & [0146] i.e., The operations may further configure the processing circuitry to encode, for transmission to the UE, downlink control information (DCI) that includes a scheduled modulation and coding scheme (MCS) and a scheduled bandwidth) determine a modulation mode based on the MCS index; (see Para’s [0125] i.e., the PT-RS time domain pattern may be determined by the equivalent MCS, which can be determined by the modulation order as well as the equivalent coding rate…MCS with the same modulation order (i.e., “modulation mode”), [0129], [0135] i.e., The processing circuitry may be further configured to determine a code rate and a modulation order based on the scheduled MCS indicated in the DCI (i.e., scheduled MCS is an MCS index which is used to determine the corresponding code rate and modulation order)) determine a coding parameter based on the modulation mode and the actual scheduled bandwidth, (see Para’s [0087] i.e., the UE may determine the time density and frequency density of the PT-RS based on the scheduled MCS and scheduled bandwidth & [0125] i.e., the PT-RS time domain pattern may be determined by the equivalent MCS, which can be determined by the modulation order as well as the equivalent coding rate (i.e., “coding parameter”) & [0135] i.e., The processing circuitry may be further configured to determine a code rate (i.e., “coding parameter”) and a modulation order based on the scheduled MCS indicated in the DCI) and perform channel coding on a signal based on the coding parameter, to obtain a coded signal, (see Para’s [0086-0087] the UE 102 may encode the PT-RS for transmission in accordance with the determined time density and the determined frequency density, [0125] i.e., channel coding is performed for the PT-RS transmission (i.e., “coded signal”) based on the determined coding rate, [0135] i.e., The processing circuitry may be further configured to determine a code rate (i.e., “coding parameter”) and a modulation order based on the scheduled MCS indicated in the DCI, & [0146]) Nimbalker does not disclose the claim feature of determining a bandwidth adjustment factor based on the modulation mode. However the claim feature would be rendered obvious in view of Cao et al. US (2015/0282008). Cao discloses a terminal determining a bandwidth adjustment factor based on the modulation mode (see Para’s [0058] i.e., the transmission characteristics, e.g., bandwidth allocation and/or MCS, may inform the MTD information about the signal waveform to be used by the MTD, as well as a MCS level to be used for the transmission…Alternatively, the transmission characteristics may be received after the eNB adjusts the bandwidth and/or MCS level of the signal waveform to meet changing communication system load, [0065] i.e., the signal waveforms are associated with a variety of MCS levels and bandwidth choices…MCS levels are associated with a modulation mode such as QPSK and 16-QAM modulation and an associated code rate & [0071] i.e., Adjusting unit 826 is configured to adjust transmission parameters, e.g., bandwidth and/or MCS level, of MTD. Adjusting unit 826 is configured to consider communication system load, as well as channel condition (e.g., SINR, SNR, and the like), as it adjusts the bandwidth and/or MCS level. Adjusting unit 826 is configured to generate signaling to inform MTDs regarding any adjustments in their bandwidth (i.e., “bandwidth adjustment factor”) and/or MCS level) (i.e., the terminal determines a new modulation mode from the updated MCS level and calculates the bandwidth adjustment factor required to process the data signal transmission)). (Cao suggests the adjusting unit 826 in the base station (see Fig. 8) adjusts the bandwidth and/or MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission (see Para [0065]) based on considering system load and channel conditions (e.g., SINR, SNR) for adapting the transmission characteristics to meet changing communications system load, (see Para [0058])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the channel coding performed on the signal performed by the terminal based on the modulation mode and the scheduled bandwidth as disclosed in Nimbalker to include determining a bandwidth adjustment factor based on the modulation mode as disclosed in the teachings of Cao, because the motivation lies in Cao that an adjusting unit in the base station adjusts the bandwidth and MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission based on considering system load and channel conditions such as SINR, SNR for adapting the transmission characteristics to meet changing communications system load. The combination of Nimbalker in view of Cao does not disclose the claim feature of wherein the bandwidth adjustment factor corresponds to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth. However the claim feature would be rendered obvious in view of Shaik et al. US (2015/0309828). Shaik discloses wherein a bandwidth adjustment factor corresponds to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth (see Fig. 8 & Para [0052] i.e., For example, a bandwidth of 10 MBs may be set for the virtual connection 804A (i.e., “actual scheduled bandwidth”) and later updated to 12 Mbps & [0054-0055] i.e., In another embodiment, if not enough bandwidth is available to satisfy all virtual machines, then the network tools 810 may increase the bandwidth of virtual machines by an incremental bandwidth amount (i.e., “bandwidth adjustment factor”) equal to (an actual bandwidth required by the virtual machine) (i.e., the actual bandwidth required by the VM may be equal to its actual scheduled bandwidth) divided by (i.e., “division threshold”) (a total bandwidth required by all virtual machines) (i.e., total bandwidth required by all VMs may equate to a virtual scheduled “bandwidth”) multiplied by a total free available bandwidth at the network connection 820 & [0056-0057] i.e., Additional incremental bandwidth (i.e., “bandwidth adjustment factor”)). (Shaik suggests the bandwidth for the virtual machines may be increased (i.e., “adjusted”) by the incremental bandwidth amount (i.e., “bandwidth adjustment factor”) if there is not enough available bandwidth available to satisfy the bandwidth requirement of virtual machines by properly allocating required bandwidth for traffic of VMs based on network utilization of the VMs and for properly sharing the free available bandwidth (see Para’s [0054-0057])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the bandwidth adjustment factor determined for the terminal for transmission of data traffic as disclosed in Nimbalker in view of Cao to correspond to a division threshold as a function of a virtual scheduled bandwidth and the actual scheduled bandwidth according to the bandwidth adjustment factor as disclosed in the teachings of Shaik, because the motivation lies in Shaik that the bandwidth for the virtual machines may be increased (i.e., “adjusted”) by the incremental bandwidth amount (i.e., “bandwidth adjustment factor”) if there is not enough available bandwidth available to satisfy the bandwidth requirement of virtual machines by properly allocating required bandwidth for traffic of VMs based on network utilization of the VMs and for properly sharing the free available bandwidth. Claims 2-3 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), and further in view of Shaik et al. US (2015/0309828) as applied to claims 1 and 15, further in view of Oh et al. US (2021/0105774), and further in view of Takeda et al. US (2020/0154309). Regarding Claims 2 and 16, the combination of Nimbalker in view of Cao, and further in view of Shaik discloses the modulation and coding determining method and device according to claims 1 and 15, including wherein the coding parameter comprises at least an adjusted code rate (Cao, see Para’s [0058], [0065] i.e., MCS level associated with modulation order with code rate, & [0071] i.e., adjusted MCS level corresponds to an adjusted code rate) and the determining a coding parameter based on the modulation mode comprises: determining the adjusted code rate based on the modulation mode and a bandwidth adjustment factor (Cao, see Para’s [0058], [0065] i.e., MCS level associated with modulation order and code rate (i.e., adjusted code rate (i.e., “coding parameter”) is based on adjusted MCS and bandwidth), & [0071] i.e., adjusted bandwidth (i.e., “bandwidth adjustment factor”) and/or MCS level corresponds to an adjusted code rate) wherein the coding parameter comprises an adjusted code rate (Cao, see Para’s [0058], [0065] i.e., MCS level associated with modulation order and code rate (i.e., adjusted code rate (i.e., “coding parameter”) is based on adjusted MCS and bandwidth), & [0071]) The combination of Nimbalker in view of Cao, and further in view of Shaik does not disclose the claim features of wherein the coding parameter comprises at least a transport block size, determining the virtual scheduled bandwidth based on the bandwidth adjustment factor and the actual scheduled bandwidth and determining the transport block size based on the adjusted code rate and the virtual scheduled bandwidth. However the claim feature would be rendered obvious in view of Oh et al. US (2021/0105774). Oh discloses determining a virtual scheduled bandwidth based on a determined bandwidth adjustment and an actual scheduled bandwidth (In light of the applicants specification in Para’s [00108] & [00114], the determined “virtual scheduled bandwidth” is a bandwidth for performing DFT by the terminal device which may be a resource block (RB) quantity. (see Oh, Para [0191] i.e., Specifically, for example, on an occasion when a terminal uses DFT-s-OFDM based waveforms for UL/DL transmission or reception scheduled through a higher signal or DCI from a BS but the number of PRBs allocated (i.e., “actual scheduled bandwidth”) for the UL/DL transmission or reception is not represented by a combination of products of 2, 3, or 5, the disclosure provides a method of allowing a terminal to perform UL/DL transmission or reception, e.g., a method including adjusting (i.e., “bandwidth adjustment”) or re-evaluating the number of PRBs (i.e., “virtual scheduling bandwidth”) allocated for the UL/DL transmission or reception to a value represented by a combination of products of 2, 3, or 5)) and determining a transport block size based on a code rate used for the transmission and the virtual scheduled bandwidth, (see Para’s [0096] i.e., channel encoding using at least one of LDPC codes, convolution codes, or polar codes may be used, [0128] i.e., the TBS corresponds to the size of a TB before channel coding or error correction is applied (i.e., “code rate”), [0191] & [0214] i.e., it is possible to select a TBS (i.e., “transport block size”) based on the resource or bandwidth for the UL/DL transmission). (Oh suggests the method includes adjusting the number of PRBs allocated for the UL/DL transmission for determining a sufficient virtual scheduling bandwidth in order for the terminal to properly support and generate DFT-s-OFDM based waveforms for the UL transmission, (see Para [0191])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the virtual scheduled bandwidth included in the bandwidth adjustment factor of the bandwidth adjustment for determining the adjusted coding rate as disclosed in Nimbalker in view of Cao, and further in view of Shaik to be determined by the terminal based on the determined bandwidth adjustment and an actual scheduled bandwidth and determining a transport block size based on the code rate used for the transmission and the determined virtual scheduled bandwidth as disclosed in the teachings of Oh, because the motivation lies in Oh that the method includes adjusting the number of PRBs allocated for the UL/DL transmission for determining a sufficient virtual scheduling bandwidth in order for the terminal to properly support and generate DFT-s-OFDM based waveforms for the UL transmission. The combination of Nimbalker in view of Cao, further in view of Shaik, and further in view of Oh does not explicitly disclose the claim feature of determining the transport block size based on the adjusted code rate. However the claim feature would be rendered obvious in view of Takeda et al. US (2020/0154309). Takeda discloses determining the transport block size based on the adjusted code rate (see Para [0003] i.e., in existing LTE systems, adaptive modulation and coding (AMC), in which at least one of the modulation schemes, the transport block size (TBS) and the coding rate is changed adaptively, is executed for link adaptation (i.e., a transport block size will be determined based on the changed or adjusted coding rate for the link), [0030-0031], [0162] i.e., channel coding, & [0189]). (Takeda suggests the transport block size is determined based on the adjusted code rate for performing link adaptation and for performing channel coding on the transport block according to the coding rate for sufficiently performing error detection and correction at the receiver, (see Para’s [0003], [0030-0031], & [0166])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the transport block size determined for the transmission according to the adjusted code rate as disclosed in Nimbalker in view of Cao, further in view of Shaik, and further in view of Oh to determine the transport block size based on the adjusted code rate as disclosed in the teachings of Takeda, because the motivation lies in Takeda that the transport block size is determined based on the adjusted code rate for performing link adaptation and for performing channel coding on the transport block according to the adjusted coding rate for sufficiently performing error detection and correction at the receiver. Regarding Claims 3 and 17, the combination of Nimbalker in view of Shaik, further in view of Oh, and further in view of Takeda discloses the modulation and coding determining method and device according to claims 2 and 16, but does not disclose the claim features of wherein determining the adjusted code rate based on the modulation mode and the bandwidth adjustment factor further comprises: determining an original code rate based on the modulation mode; and determining the adjusted code rate based on the original code rate and the bandwidth adjustment factor. However the claim feature would be rendered obvious in view of Cao et al. US (2015/0282008). Cao discloses wherein determining the adjusted code rate based on the modulation mode and the bandwidth adjustment factor further comprises: determining an original code rate based on the modulation mode; (see Para’s [0065] i.e., original code rate is determined based on the initial MCS level and its associated modulation mode & [0071]) and determining the adjusted code rate based on the original code rate and the bandwidth adjustment factor (see Para’s [0065] i.e., adjusted code rate will be determined based on adjusted MCS level and bandwidth adjustment from the original code rate & [0071] i.e., Adjusting unit 826 is configured to generate signaling to inform MTDs regarding any adjustments in their bandwidth (i.e., “bandwidth adjustment factor”) and/or MCS level)) (Cao suggests the adjusting unit 826 in the base station (see Fig. 8) adjusts the bandwidth and/or MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission (see Para [0065]) based on considering system load and channel conditions (e.g., SINR, SNR) for adapting the transmission characteristics to meet changing communications system load, (see Para [0058])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the original code rate determined in Nimbalker in view of Shaik, further in view of Oh, and further in view of Takeda to include determining an adjusted code rate based on the original code rate and the bandwidth adjustment factor as disclosed in the teachings of Cao, because the motivation lies in Cao that the adjusting unit in the base station adjusts the bandwidth and/or MCS level for the MTD (i.e., “terminal”) in order to determine by the MTD a coding rate for the signal transmission based on considering system load and channel conditions (e.g., SINR, SNR) for adapting the transmission characteristics to meet changing communications system load. Claims 4 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), and further in view of Shaik et al. US (2015/0309828) as applied to claims 1 and 15 above, and further in view of Chandrasekhar US (2020/0382361). Regarding Claims 4 and 18, Nimbalker discloses the modulation and coding determining method and device according to claim 1 and 15, including wherein determining the modulation mode based on the MCS index further comprises: determining an index interval in which the MCS index is located, (see Para’s [0087-0088] i.e., comparison between the scheduled MCS and a plurality of MCS thresholds (i.e., index interval) & [0092] i.e., MCS thresholds range) and determining the modulation mode based on the index interval, (see Para’s [0087-0088], [0125], & [0135] i.e., the modulation order is determined based on the scheduled MCS according to its location in the MCS thresholds) The combination of Nimbalker in view of Cao, and further in view of Shaik does not explicitly disclose determining the modulation mode based on the index interval. However the claim feature would be rendered obvious in view of Chandrasekhar US (2020/0382361). Chandrasekhar discloses determining an index interval in which the MCS index is located, (see Para’s [0166] i.e., i.e., PUSCH may be received with MCS values lying between 0 and 5 & [0215] i.e., MCS values in the range between 0 and 5) Chandrasekhar discloses a modulation mode may be determined based on an MCS index interval (see Para’s [0166] i.e., PUSCH may be received with MCS values lying between 0 and 5 (i.e., modulation mode may be determined ) & [0219] i.e., MCS values in the range between 0 and 5 (corresponding to QPSK modulation with low coding rates). (Chandrasekhar suggests an MCS may be determined for PUSCH according to a MCS determined from the MCS range 0-5 which is associated with a QPSK modulation with low coding rate for achieving efficient error correction at the receiver based on channel coding, (see Para’s [0053-0054], [0163], [0166], & [0219])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the MCS determined to be in the MCS index interval for determining the modulation mode as disclosed in Nimbalker in view of Cao, and further in view of Shaik to be implemented according to the MCS range disclosed in Chandrasekhar who discloses a certain MCS range or interval corresponds to a certain modulation mode determined for the transmission of PUSCH, because the motivation lies in Chandrasekhar that an MCS may be determined for PUSCH according to a MCS determined from the MCS range 0-5 which is associated with a QPSK modulation with low coding rate for achieving efficient error correction at the receiver based on channel coding. Claims 5, 13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), and further in view of Shaik et al. US (2015/0309828) as applied to claims 1, 9, and 15, further in view of Park et al. US (2021/0028845), and further in view of Chen (2020/0067630). Regarding Claims 5 and 19, Nimbalker in view of Cao, and further in view of Shaik discloses the modulation and coding determining method and device according to claims 1 and 15, but does not disclose the claim feature of further comprising: sending a first MCS index to the network device. However the claim feature would be rendered obvious in view of Park et al. US (2021/0028845). Park discloses a UE sending a first MCS index to the network device (see Para [0053] i.e., the terminal 24 may transmit the MCS index corresponding to a maximally supportable modulation order and target code rate, as the feedback information to the base station 22). (Park suggests the terminal transmits the MCS index to the base station as feedback information for indicating to the base station a maximally supportable modulation order and target code rate supported by the UE in order to efficiently perform communications based on estimated channel conditions (see Para [0053])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the scheduled MCS index determined for the UE as disclosed in Nimbalker in view of Cao, and further in view of Shaik to be determined based on receiving the MCS index from the UE indicating to the base station a maximally supportable modulation order and target code rate supported by the UE as disclosed in the teachings of Park, because the motivation lies in Park the terminal transmits the MCS index to the base station as feedback information for indicating to the base station a maximally supportable modulation order and target code rate supported by the UE in order to efficiently perform communications based on estimated channel conditions. The combination of Nimbalker in view of Cao, further in view of Shaik, and further in view of Park does not disclose wherein the first MCS index is a highest MCS index of pi/2-BPSK used by the terminal device for transmission. However the claim feature would be rendered obvious in view of Chen et al. US (2020/0067630). Chen discloses the highest MCS index of pi/2-BPSK is indicated in a table used by the UE for transmission (see table 1 i.e., MCS index N1 may be the highest MCS for pi/2 BPSK & Para’s [0069-0071] i.e., As shown in table 1, the MCS indexes 0 to N1 correspond to the modulation order 1, and may correspond to a modulation and coding scheme: BPSK or pi/2 BPSK modulation) (Chen suggests the UE uses a table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a DFT-s-OFDM data waveform which provides a low PAPR, (see Para’s [0068-0071])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first MCS index sent to the network device as disclosed in Nimbalker in view of Cao, further in view of Shaik, and further in view of Park to include the highest MCS index of pi/2-BPSK used by the terminal device for transmission as disclosed in the teachings of Chen, because the motivation lies in Chen that the UE uses a table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a DFT-s-OFDM data waveform which provides a low PAPR. Regarding Claim 13, the claim is directed towards a method performed by the network device which performs the same claim steps as claim 5 with respect to transmitting by the network device side. Therefore claim 13 is rejected as obvious over the combination of Nimbalker in view of Cao, further in view of Shaik, further in view of Park, and further in view of Chen as in claim 5. Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), further in view of Shaik et al. US (2015/0309828) as applied to claims 1 and 15 above, and further in view of Baldemair et al. US (2020/0259693). Regarding Claims 6 and 20, the combination of Nimbalker in view of Cao, further in view of Shaik discloses the modulation and coding determining method and device according to claims 1 and 15, but does not disclose the claim features of further comprising: determining a type of a DMRS based on the modulation mode; and determining a sequence length of the DMRS based on the actual scheduled bandwidth. However the claim features would be rendered obvious in view of Baldemair et al. US (2020/0259693). Baldemair discloses determining a type of a DMRS based on the modulation mode, (see Para [0008] i.e., Depending on the scheduling bandwidth, DM-RS sequences for DFTS-OFDM PUSCH based on QPSK or QAM (i.e., “modulation mode”) are either based on Zadoff-Chu sequences (cyclic extended or truncated to obtain the required length) and determining a sequence length of the DMRS based on the actual scheduled bandwidth (see Para [0008] i.e., Depending on the scheduling bandwidth, DM-RS sequences for DFTS-OFDM PUSCH based on QPSK or QAM are either based on Zadoff-Chu sequences (cyclic extended or truncated to obtain the required length (i.e., “sequence length”)). (Baldemair suggests the DMRS type is a Zadoff-Chu sequence which results in having good PAPR properties (see Para [0011])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the transmission performed by the UE based on the determined modulation mode as disclosed in Nimbalker in view of Cao, further in view of Shaik to include the DMRS sequence determined for transmission as disclosed in Baldemair who discloses determining a type of a DMRS based on the modulation mode; and determining a sequence length of the DMRS based on the actual scheduled bandwidth, because the motivation lies in Baldemair that the DMRS type is a Zadoff-Chu sequence which results in having good PAPR properties. Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), further in view of Shaik et al. US (2015/0309828) as applied to claims 1 and 9 above, further in view of Lee et al. US (2020/0374911), and further in view of Chen et al. US (2020/0067630). Regarding Claim 7, the combination of Nimbalker in view of Cao, and further in view of Shaik discloses the modulation and coding determining method according to claim 1, but does not disclose the claim feature of further comprising: receiving first index information sent by the network device, wherein the first index information is used to indicate the highest MCS index of pi/2-BPSK used by the terminal device for transmission. However the claim feature would be rendered obvious in view of Lee et al. US (2020/0374911). Lee discloses receiving first index information sent by the network device, (see Para’s [0231] i.e., the information indicating an MCS table to be used to identify an MCS table. Information indicating a different MCS table depending on whether…pi/2 BPSK is used may be transmitted UE-specifically by higher-layer signaling (i.e., table includes MCS index for pi/2 BPSK) & [0235] i.e., The sets of MCS values (i.e., MCS indexes may include first MCS index information for pi/2 BPSK) may be configured for the UE by physical layer signaling or higher layer signaling) wherein the first index information is used to indicate the MCS index of pi/2-BPSK used by the terminal device for transmission (see Para’s [0231] i.e., the information indicating an MCS table to be used to identify an MCS table. Information indicating a different MCS table depending on whether…pi/2 BPSK is used may be transmitted UE-specifically by higher-layer signaling (i.e., table includes MCS index for pi/2 BPSK), [0235] i.e., The sets of MCS values (i.e., MCS indexes may include first MCS index information for pi/2 BPSK) may be configured for the UE by physical layer signaling or higher layer signaling, & [0237] i.e., the UE may be configured with the plurality of MCS tables by higher-later signaling (i.e., first index information included in the table may be indicated to the UE)). (Lee suggests indicating to the UE the MCS index values or the plurality of tables including the MCS index through higher-layer signaling for indicating the modulation of pi/2 BPSK in order for the UE to efficiently perform the transmission according to the determined modulation mode indicated by the network, (see Para’s [0231], [0235], & [0237])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the UE which determines a modulation mode for the transmission based on the received MCS index as disclosed in Nimbalker in view of Cao, and further in view of Shaik discloses to include receiving the first index information from the network device which is used to indicate the MCS index of pi/2-BPSK used by the terminal device for transmission as disclosed in the teachings of Lee, because the motivation lies in Lee for indicating to the UE the MCS index values or the plurality of tables including the MCS index through higher-layer signaling for indicating the modulation of pi/2 BPSK in order for the UE to efficiently perform the transmission according to the determined modulation mode indicated by the network. The combination of Nimbalker in view of Cao, further in view of Shaik, and further in view of Lee does not disclose the highest MCS index of pi/2-BPSK is indicated in the table. However the claim feature would be rendered obvious in view of Chen et al. US (2020/0067630). Chen discloses the highest MCS index of pi/2-BPSK is indicated in a table used by the UE for transmission (see table 1 i.e., MCS index N1 may be the highest MCS for pi/2 BPSK & Para’s [0069-0071] i.e., As shown in table 1, the MCS indexes 0 to N1 correspond to the modulation order 1, and may correspond to a modulation and coding scheme: BPSK or pi/2 BPSK modulation) (Chen suggests the UE uses the table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a data waveform based on the determined modulation order, (see Para’s [0068-0071])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the table including an MCS index of pi/2-BPSK which is indicated to the UE from the network device as disclosed in Nimbalker in view of Cao, further in view of Shaik, further in view of Lee to include the table indicating the highest MCS index of pi/2-BPSK as disclosed in Chen, because the motivation lies in Chen that the UE uses the table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a data waveform based on the determined modulation order. Regarding Claim 10, the claim is directed towards a method performed by the network device which performs the same claim steps as claim 7 with respect to transmitting by the network device side. Therefore claim 10 is rejected as obvious over the combination of Nimbalker in view of Cao, further in view of Shaik, further in view of Lee, and further in view of Chen as in claim 7. Claims 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), and further in view of Shaik et al. US (2015/0309828) as applied to claims 1 and 9 above, and further in view of Wigren et al. US (2015/0215733). Regarding Claim 8, the combination of Nimbalker in view of Cao, and further in view of Shaik discloses the modulation and coding determining method according to claim 1, but does not disclose the claim feature of further comprising: receiving a bandwidth adjustment factor sent by the network device. However the claim feature would be rendered obvious in view of Wigren et al. US (2015/0215733). Wigren discloses receiving a bandwidth adjustment factor sent by the network device (see Fig. 12 i.e., receiver 20 & Para’s [0040] i.e., the UE performs certain position related measurements like the UE RxTx type 1 measurement & [0096] i.e., the bandwidth reduction information can comprise for example a subset of a Boolean indication that bandwidth reduction is applied, the value of the bandwidth reduction (i.e., may be a “bandwidth adjustment factor”)…correction values (i.e., may be a “bandwidth adjustment factor”)…for different allowed bandwidth reductions. The bandwidth reduction information consequently serves both to indicate that bandwidth reduction is present and to what extent the bandwidth has been reduced & [0115] i.e., apparatus (i.e., may be a UE which performs the measurement as disclosed in Para [0040]) for performing UE RxTx type 1 measurement. The apparatus may comprise a BW reduction information retriever unit 20). (Wigren suggests the bandwidth reduction information is used for indicating the bandwidth reduction is applied for operators to use a part of the WCDMA spectrum for other traffic and to enable a more efficient use of existing spectrum, (see Para’s [0003], [0028], & [0032])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the UE which received bandwidth scheduling information as disclosed in Nimbalker in view of Cao, and further in view of Shaik to receive a bandwidth adjustment factor sent by the network device as disclosed in Wigren for operating according to a reduced bandwidth, because the motivation lies in Wigren that the bandwidth reduction information is used for indicating that bandwidth reduction is applied for operators to use a part of the WCDMA spectrum for other traffic and to enable a more efficient use of existing spectrum. Regarding Claim 12, the claim is directed towards a method performed by the network device which performs the same claim steps as claim 8 with respect to transmitting by the network device side. Therefore claim 12 is rejected as obvious over the combination of Nimbalker in view of Cao, further in view of Shaik, and further in view of Wigren as in claim 8. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), and further in view of Shaik et al. US (2015/0309828) as applied to claim 9 above, further in view of Lee et al. US (2020/0374911), further in view of Chen et al. US (2020/0067630), and further in view of Pajukoski et al. US (2023/0188396). Regarding Claim 11, the combination of Nimbalker in view of Cao, and further in view of Shaik discloses the modulation and coding determining method according to claim 9, but does not disclose the claim feature of further comprising: sending second index information to the terminal device, wherein the second index information is used to indicate a highest MCS index of pi/2-BPSK used by the terminal device for transmission. However the claim feature would be rendered obvious in view of Lee et al. US (2020/0374911). Lee discloses sending second index information to the terminal device, (see Para’s [0231] i.e., the information indicating an MCS table to be used to identify an MCS table. Information indicating a different MCS table depending on whether…pi/2 BPSK is used may be transmitted UE-specifically by higher-layer signaling (i.e., table includes MCS index for pi/2 BPSK) & [0235] i.e., The sets of MCS values (i.e., MCS indexes may include first MCS index information for pi/2 BPSK) may be configured for the UE by physical layer signaling or higher layer signaling) wherein the second index information is used to indicate the MCS index of pi/2-BPSK used by the terminal device for transmission (see Para’s [0231] i.e., the information indicating an MCS table to be used to identify an MCS table. Information indicating a different MCS table depending on whether…pi/2 BPSK is used may be transmitted UE-specifically by higher-layer signaling (i.e., table includes MCS index for pi/2 BPSK), [0235] i.e., The sets of MCS values (i.e., MCS indexes may include first MCS index information for pi/2 BPSK) may be configured for the UE by physical layer signaling or higher layer signaling, & [0237] i.e., the UE may be configured with the plurality of MCS tables by higher-later signaling (i.e., first index information included in the table may be indicated to the UE)). (Lee suggests indicating to the UE the MCS index values or the plurality of tables including the MCS index through higher-layer signaling for indicating the modulation of pi/2 BPSK in order for the UE to efficiently perform the transmission according to the determined modulation mode indicated by the network, (see Para’s [0231], [0235], & [0237])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the UE which determines a modulation mode for the transmission based on the received MCS index as disclosed in Nimbalker in view of Cao, and further in view of Shaik to include receiving the second index information from the network device which is used to indicate the MCS index of pi/2-BPSK used by the terminal device for transmission as disclosed in the teachings of Lee, because the motivation lies in Lee for indicating to the UE the MCS index values or the plurality of tables including the MCS index through higher-layer signaling for indicating the modulation of pi/2 BPSK in order for the UE to efficiently perform the transmission according to the determined modulation mode indicated by the network. The combination of Nimbalker in view of Cao, further in view of Shaik, and further in view of Lee does not disclose the highest MCS index of pi/2-BPSK is indicated in the table. However the claim feature would be rendered obvious in view of Chen et al. US (2020/0067630). Chen discloses the highest MCS index of pi/2-BPSK is indicated in a table used by the UE for transmission (see table 1 i.e., MCS index N1 may be the highest MCS for pi/2 BPSK & Para’s [0069-0071] i.e., As shown in table 1, the MCS indexes 0 to N1 correspond to the modulation order 1, and may correspond to a modulation and coding scheme: BPSK or pi/2 BPSK modulation) (Chen suggests the UE uses the table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a data waveform based on the determined modulation order, (see Para’s [0068-0071])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the table including an MCS index of pi/2-BPSK which is indicated to the UE from the network device as disclosed in Nimbalker in view of Cao, further in view of Shaik and further in view of Lee to include the table indicating the highest MCS index of pi/2-BPSK as disclosed in Chen, because the motivation lies in Chen that the UE uses the table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a data waveform based on the determined modulation order. The combination of Nimbalker in view of Cao, further in view of Shaik, further in view of Lee, and further in view of Chen does not disclose using FT-pi/2-BPSK. However the claim feature would be rendered obvious in view of Pajukoski et al. US (2023/0188396). In light of the applicants specification in Para [0068], the acronym for FT refers to “frequency truncating”. Pajukoski discloses for uplink communications, applying frequency domain spectral shaping (FDSS) for pi/2 BPSK modulation (i.e., FT-pi/2-BPSK) for the data, (see Para’s [0028] & [0030] i.e., spectrum shaping may include a truncated filter (i.e., “frequency truncating”)). (Pajukoski suggests spectrum shaping including FDSS is a PAPR reduction technique that can be performed in the frequency domain including using a truncated filter in order to reduce PAPR for a transmitted signal (see Para [0030])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the MCS index information sent to the UE such as the highest MCS index of pi/2-BPSK as disclosed in Nimbalker in view of Cao, further in view of Shaik, further in view of Lee, and further in view of Chen to be configured for FT-pi/2-BPSK based on the teachings of Pajukoski who discloses for uplink communications, applying FT-pi/2 BPSK modulation to the data, because the motivation lies in Pajukoski that spectrum shaping including FDSS is a PAPR reduction technique that can be performed in the frequency domain including using a truncated filter in order to reduce PAPR for a transmitted signal. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Nimbalker et al. US (2019/0166615) in view of Cao et al. US (2015/0282008), and further in view of Shaik et al. US (2015/0309828) as applied to claim 13 above, further in view of Park et al. US (2021/0028845), further in view of Chen (2020/0067630), and further in view of Pajukoski et al. US (2023/0188396). Regarding Claim 14, the combination of Nimbalker in view of Cao, and further in view of Shaik discloses the modulation and coding determining method according to claim 13, but does not disclose the claim feature of further comprising: receiving a second MCS index. However the claim feature would be rendered obvious in view of Park et al. US (2021/0028845). Park discloses a network device receiving a MCS index from the UE, (see Para [0053] i.e., the terminal 24 may transmit the MCS index corresponding to a maximally supportable modulation order and target code rate, as the feedback information to the base station 22). (Park suggests the terminal transmits the MCS index to the base station as feedback information for indicating to the base station a maximally supportable modulation order and target code rate supported by the UE in order to efficiently perform communications based on estimated channel conditions (see Para [0053])) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the scheduled MCS index determined for the UE as disclosed in Nimbalker in view of Cao, and further in view of Shaik to be determined based on receiving the MCS index from the UE indicating to the base station a maximally supportable modulation order and target code rate supported by the UE as disclosed in the teachings of Park, because the motivation lies in Park the terminal transmits the MCS index to the base station as feedback information for indicating to the base station a maximally supportable modulation order and target code rate supported by the UE in order to efficiently perform communications based on estimated channel conditions. The combination of Nimbalker in view of Cao, further in view of Shaik, and further in view of Park does not disclose wherein the second MCS index is a highest MCS index of pi/2-BPSK used by the terminal device for transmission. However the claim feature would be rendered obvious in view of Chen et al. US (2020/0067630). Chen discloses the highest MCS index of pi/2-BPSK is indicated in a table used by the UE for transmission (see table 1 i.e., MCS index N1 may be the highest MCS for pi/2 BPSK & Para’s [0069-0071] i.e., As shown in table 1, the MCS indexes 0 to N1 correspond to the modulation order 1, and may correspond to a modulation and coding scheme: BPSK or pi/2 BPSK modulation) (Chen suggests the UE uses a table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a DFT-s-OFDM data waveform which provides a low PAPR, (see Para’s [0068-0071])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first MCS index sent to the network device as disclosed in Nimbalker in view of Cao, further in view of Shaik, and further in view of Park to include the highest MCS index of pi/2-BPSK used by the terminal device for transmission as disclosed in the teachings of Chen, because the motivation lies in Chen that the UE uses a table in order to determine a preset correspondence between an MCS index and a modulation order for transmitting a DFT-s-OFDM data waveform which provides a low PAPR. The combination of Nimbalker in view of Cao, further in view of Shaik, and further in view of Chen does not disclose using FT-pi/2-BPSK. However the claim feature would be rendered obvious in view of Pajukoski et al. US (2023/0188396). In light of the applicants specification in Para [0068], the acronym for FT refers to “frequency truncating”. Pajukoski discloses for uplink communications, applying frequency domain spectral shaping (FDSS) for pi/2 BPSK modulation (i.e., FT-pi/2-BPSK) for the data, (see Para’s [0028] & [0030] i.e., spectrum shaping may include a truncated filter (i.e., “frequency truncating”)). (Pajukoski suggests spectrum shaping including FDSS is a PAPR reduction technique that can be performed in the frequency domain including using a truncated filter in order to reduce PAPR for a transmitted signal (see Para [0030])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the second MCS index received from the UE such as the highest MCS index of pi/2-BPSK as disclosed in Nimbalker in view of Cao, further in view of Shaik, and further in view of Chen to be configured for FT-pi/2-BPSK based on the teachings of Pajukoski who discloses for uplink communications, applying FT-pi/2 BPSK modulation to the data, because the motivation lies in Pajukoski that spectrum shaping including FDSS is a PAPR reduction technique that can be performed in the frequency domain including using a truncated filter in order to reduce PAPR for a transmitted signal. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADNAN A BAIG whose telephone number is (571)270-7511. The examiner can normally be reached M-F 9:00am-5:00pm. 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 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. /ADNAN BAIG/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Sep 26, 2023
Application Filed
Nov 07, 2023
Response after Non-Final Action
Jan 02, 2026
Non-Final Rejection mailed — §103
Mar 02, 2026
Response Filed
May 29, 2026
Final Rejection mailed — §103
Jun 16, 2026
Response after Non-Final Action

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

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Prosecution Projections

2-3
Expected OA Rounds
69%
Grant Probability
94%
With Interview (+25.3%)
3y 4m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 563 resolved cases by this examiner. Grant probability derived from career allowance rate.

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