Prosecution Insights
Last updated: April 19, 2026
Application No. 18/545,012

METHOD AND APPARATUS FOR DETERMINING MODULATION AND CODING SCHEME MCS TABLE

Non-Final OA §103
Filed
Dec 19, 2023
Examiner
WEBB, MARGARET G
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
88%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
402 granted / 503 resolved
+17.9% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
46 currently pending
Career history
549
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
25.4%
-14.6% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 503 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/17/2024 has been fully considered by examiner and made of record. 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Goto et al (US 2021/0243784), in view of Park (US 2019/0215095). Regarding Claim 1, Goto teaches a method for determining a modulation and coding scheme (MCS) table (Figs. 8-10), comprising: when a discrete fourier transform spread orthogonal frequency division multiplexing (DFT-s-OFDM) waveform is used for transmission of a physical uplink shared channel (PUSCH) ([0045], uplink control information includes a Scheduling Request (SR) used to request a PUSCH (Uplink-Shared Channel (UL-SCH)) resource), receiving, by a terminal device, first information from a network device, wherein the first information indicates a quantity of transmission layers of the PUSCH ([0046], uplink control information includes downlink Channel State Information (CSI). The downlink channel state information includes a Rank Indicator (RI) indicating a preferable spatial multiplexing order (the number of layers), a Precoding Matrix Indicator (PMI) indicating a preferable precoder, a Channel Quality Indicator (CQI) specifying a preferable transmission rate, and the like. The PMI indicates a codebook determined by the terminal apparatus. The codebook is related to precoding of the physical downlink shared channel. The CQI can use an index (CQI index) indicative of a preferable modulation scheme (for example, QPSK, 16QAM, 64QAM, 256QAM, or the like), a preferable coding rate, and a preferable frequency utilization efficiency in a prescribed band); and determining, by the terminal device based on the first information, an MCS table used for transmission of the PUSCH ([0065], MCS for the PDSCH/PUSCH can use an index (MCS index) for indicating a modulation order of the PDSCH/PUSCH and a target coding rate. The communication system 1 (base station apparatus 10 and terminal apparatus 20) shares the method of calculating the transport block size by the MCS, the target coding rate, and the number of resource elements allocated for the PDSCH/PUSCH transmission (number of resource blocks, [0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment). Although the formatting discussed in Goto is sometimes regarding the PUCCH, instead of the PUSCH, Park further teaches “The UL and the DL i) transmit/receive control information through one or more control channels, such as a physical DL control channel (PDCCH), a physical UL control channel (PUCCH), and the like and ii) transmit/receive data through one or more data channels, such as a physical DL shared channel (PDSCH), a physical UL shared channel (PUSCH), and the like. Hereinafter, the transmission/reception of a signal through the PUCCH, the PUSCH, the PDCCH, or the PDSCH, may be described as the transmission/reception of the PUCCH, the PUSCH, the PDCCH, or the PDSCH” ([0041]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the PUSCH for the PUCCH, as taught in Park, in the system of Goto, since they are recognized equivalents, to yield predictable results. Regarding Claim 2, Goto and Park teach the method according to claim 1, Goto further teaches wherein the method further comprises: receiving, by the terminal device, second information from the network device, wherein the second information indicates an MCS table; and determining, by the terminal device based on the first information and the second information, the MCS table used for transmission of the PUSCH ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used). Regarding Claim 3, Goto and Park teach the method according to claim 2, Goto further teaches wherein the determining, by the terminal device based on the first information and the second information, the MCS table used for transmission of the PUSCH comprises: when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, determining, by the terminal device, that a second MCS table is used for transmission of the PUSCH, wherein the second MCS table is as follows: PNG media_image1.png 483 339 media_image1.png Greyscale ([0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment. FIG. 10(a) is an example of a table of MCS for use in the data transmission of the eMBB. There are 32 types of indexes, and indexes 0 and 1 are specified by control information for q=1 (BPSK) and 2 (QPSK). FIG. 10(a) is an example of using the indexes 28 to 31 for retransmission. In the example of FIG. 10(a), the lowest frequency utilization efficiency (Spectral efficiency (SE)) is 0.2344, and the highest frequency utilization efficiency is 5.5547) Regarding Claim 4, Goto and Park teach the method according to claim 2, Goto further teaches wherein the determining, by the terminal device based on the first information and the second information, the MCS table used for transmission of the PUSCH comprises: when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, determining, by the terminal device, that a third MCS table is used for transmission of the PUSCH, wherein the third MCS table is as follows: PNG media_image2.png 441 337 media_image2.png Greyscale ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB). Regarding Claim 5, Goto and Park teach the method according to claim 2, Goto further teaches wherein the method further comprises: when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, determining, by the terminal device, that the first MCS table is used for transmission of the PUSCH ([0157], Fig. 10); receiving, by the terminal device, third information and fourth information from the network device, wherein the third information indicates an MCS index, the fourth information indicates an offset value M, and M is an integer greater than or equal to 0 ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used); and determining, by the terminal device based on the MCS index and the offset value M, an MCS in the first MCS table used for transmission of the PUSCH ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB). Regarding Claim 6, Goto teaches a method for determining a modulation and coding scheme (MCS) table (Figs. 8-10), comprising: determining, by a network device, that a terminal device uses a discrete fourier transform spread orthogonal frequency division multiplexing (DFT-s-OFDM) waveform for transmission of a physical uplink shared channel (PUSCH) ([0045], uplink control information includes a Scheduling Request (SR) used to request a PUSCH (Uplink-Shared Channel (UL-SCH)) resource); and sending, by the network device, first information to the terminal device, wherein the first information indicates a quantity of transmission layers of the PUSCH ([0046], uplink control information includes downlink Channel State Information (CSI). The downlink channel state information includes a Rank Indicator (RI) indicating a preferable spatial multiplexing order (the number of layers), a Precoding Matrix Indicator (PMI) indicating a preferable precoder, a Channel Quality Indicator (CQI) specifying a preferable transmission rate, and the like. The PMI indicates a codebook determined by the terminal apparatus. The codebook is related to precoding of the physical downlink shared channel. The CQI can use an index (CQI index) indicative of a preferable modulation scheme (for example, QPSK, 16QAM, 64QAM, 256QAM, or the like), a preferable coding rate, and a preferable frequency utilization efficiency in a prescribed band), and the quantity of transmission layers of the PUSCH is used to determine an MCS table used for transmission of the PUSCH ([0065], MCS for the PDSCH/PUSCH can use an index (MCS index) for indicating a modulation order of the PDSCH/PUSCH and a target coding rate. The communication system 1 (base station apparatus 10 and terminal apparatus 20) shares the method of calculating the transport block size by the MCS, the target coding rate, and the number of resource elements allocated for the PDSCH/PUSCH transmission (number of resource blocks, [0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment). Although the formatting discussed in Goto is sometimes regarding the PUCCH, instead of the PUSCH, Park teaches “The UL and the DL i) transmit/receive control information through one or more control channels, such as a physical DL control channel (PDCCH), a physical UL control channel (PUCCH), and the like and ii) transmit/receive data through one or more data channels, such as a physical DL shared channel (PDSCH), a physical UL shared channel (PUSCH), and the like. Hereinafter, the transmission/reception of a signal through the PUCCH, the PUSCH, the PDCCH, or the PDSCH, may be described as the transmission/reception of the PUCCH, the PUSCH, the PDCCH, or the PDSCH” ([0041]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the PUSCH for the PUCCH, as taught in Park, in the system of Goto, since they are recognized equivalents, to yield predictable results. Regarding Claim 7, Goto and Park teach the method according to claim 6, Goto further teaches wherein the method further comprises: sending, by the network device, second information to the terminal device, wherein the second information indicates an MCS table, and the first information and the second information are used to determine the MCS table used for transmission of the PUSCH ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used). Regarding Claim 8, Goto and Park teach the method according to claim 7, Goto further teaches wherein when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, a second MCS table is used for transmission of the PUSCH, wherein the second MCS table is as follows: PNG media_image1.png 483 339 media_image1.png Greyscale ([0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment. FIG. 10(a) is an example of a table of MCS for use in the data transmission of the eMBB. There are 32 types of indexes, and indexes 0 and 1 are specified by control information for q=1 (BPSK) and 2 (QPSK). FIG. 10(a) is an example of using the indexes 28 to 31 for retransmission. In the example of FIG. 10(a), the lowest frequency utilization efficiency (Spectral efficiency (SE)) is 0.2344, and the highest frequency utilization efficiency is 5.5547) Regarding Claim 9, Goto and Park teach the method according to claim 7, Goto further teaches wherein when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, a third MCS table is used for transmission of the PUSCH, wherein the third MCS table is as follows: PNG media_image2.png 441 337 media_image2.png Greyscale ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB) Regarding Claim 10, Goto and Park teach the method according to claim 7, Goto further teaches wherein when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, the first MCS table is used for transmission of the PUSCH ([0157], Fig. 10); and the method further comprises: sending, by the network device, third information and fourth information to the terminal device, wherein the third information indicates an MCS index, the fourth information indicates an offset value M, the MCS index and the offset value M are used to determine an MCS in the first MCS table used for transmission of the PUSCH ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB), and M is an integer greater than or equal to 0 ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used). Regarding Claim 11, Goto teaches a communication apparatus, comprising a memory and a processor, wherein the memory is configured to store a computer program; and the processor is configured to execute the computer program stored in the memory ([0173-0176]), to enable the communication apparatus to perform a method (Figs. 8-10), the method comprising: when a discrete fourier transform spread orthogonal frequency division multiplexing (DFT-s-OFDM) waveform is used for transmission of a physical uplink shared channel (PUSCH) ([0045], uplink control information includes a Scheduling Request (SR) used to request a PUSCH (Uplink-Shared Channel (UL-SCH)) resource), receiving, by a terminal device, first information from a network device, wherein the first information indicates a quantity of transmission layers of the PUSCH ([0046], uplink control information includes downlink Channel State Information (CSI). The downlink channel state information includes a Rank Indicator (RI) indicating a preferable spatial multiplexing order (the number of layers), a Precoding Matrix Indicator (PMI) indicating a preferable precoder, a Channel Quality Indicator (CQI) specifying a preferable transmission rate, and the like. The PMI indicates a codebook determined by the terminal apparatus. The codebook is related to precoding of the physical downlink shared channel. The CQI can use an index (CQI index) indicative of a preferable modulation scheme (for example, QPSK, 16QAM, 64QAM, 256QAM, or the like), a preferable coding rate, and a preferable frequency utilization efficiency in a prescribed band); and determining, by the terminal device based on the first information, an MCS table used for transmission of the PUSCH ([0065], MCS for the PDSCH/PUSCH can use an index (MCS index) for indicating a modulation order of the PDSCH/PUSCH and a target coding rate. The communication system 1 (base station apparatus 10 and terminal apparatus 20) shares the method of calculating the transport block size by the MCS, the target coding rate, and the number of resource elements allocated for the PDSCH/PUSCH transmission (number of resource blocks, [0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment). Although the formatting discussed in Goto is sometimes regarding the PUCCH, instead of the PUSCH, Park teaches “The UL and the DL i) transmit/receive control information through one or more control channels, such as a physical DL control channel (PDCCH), a physical UL control channel (PUCCH), and the like and ii) transmit/receive data through one or more data channels, such as a physical DL shared channel (PDSCH), a physical UL shared channel (PUSCH), and the like. Hereinafter, the transmission/reception of a signal through the PUCCH, the PUSCH, the PDCCH, or the PDSCH, may be described as the transmission/reception of the PUCCH, the PUSCH, the PDCCH, or the PDSCH” ([0041]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the PUSCH for the PUCCH, as taught in Park, in the system of Goto, since they are recognized equivalents, to yield predictable results. Regarding Claim 12, Goto and Park teach the apparatus according to claim 11, Goto further teaches wherein the method further comprises: receiving, by the terminal device, second information from the network device, wherein the second information indicates an MCS table; and determining, by the terminal device based on the first information and the second information, the MCS table used for transmission of the PUSCH ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used). Regarding Claim 13, Goto and Park teach the apparatus according to claim 12, Goto further teaches wherein the determining, by the terminal device based on the first information and the second information, the MCS table used for transmission of the PUSCH comprises: when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, determining, by the terminal device, that a second MCS table is used for transmission of the PUSCH, wherein the second MCS table is as follows: PNG media_image1.png 483 339 media_image1.png Greyscale ([0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment. FIG. 10(a) is an example of a table of MCS for use in the data transmission of the eMBB. There are 32 types of indexes, and indexes 0 and 1 are specified by control information for q=1 (BPSK) and 2 (QPSK). FIG. 10(a) is an example of using the indexes 28 to 31 for retransmission. In the example of FIG. 10(a), the lowest frequency utilization efficiency (Spectral efficiency (SE)) is 0.2344, and the highest frequency utilization efficiency is 5.5547) Regarding Claim 14, Goto and Park teach the apparatus according to claim 12, Goto further teaches wherein the determining, by the terminal device based on the first information and the second information, the MCS table used for transmission of the PUSCH comprises: when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, determining, by the terminal device, that a third MCS table is used for transmission of the PUSCH, wherein the third MCS table is as follows: PNG media_image2.png 441 337 media_image2.png Greyscale ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB) Regarding Claim 15, Goto and Park teach the apparatus according to claim 12, Goto further teaches wherein the method further comprises: when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, determining, by the terminal device, that the first MCS table is used for transmission of the PUSCH ([0157], Fig. 10); receiving, by the terminal device, third information and fourth information from the network device, wherein the third information indicates an MCS index, the fourth information indicates an offset value M, and M is an integer greater than or equal to 0 ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used); and determining, by the terminal device based on the MCS index and the offset value M, an MCS in the first MCS table used for transmission of the PUSCH ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB). Regarding Claim 16, Goto teaches a communication apparatus, comprising a memory and a processor, wherein the memory is configured to store a computer program; and the processor is configured to execute the computer program stored in the memory ([0173-0176]), to enable the communication apparatus to perform a method (Figs. 8-10), the method comprising: determining, by a network device, that a terminal device uses a discrete fourier transform spread orthogonal frequency division multiplexing (DFT-s-OFDM) waveform for transmission of a physical uplink shared channel (PUSCH) ([0045], uplink control information includes a Scheduling Request (SR) used to request a PUSCH (Uplink-Shared Channel (UL-SCH)) resource); and sending, by the network device, first information to the terminal device, wherein the first information indicates a quantity of transmission layers of the PUSCH ([0046], uplink control information includes downlink Channel State Information (CSI). The downlink channel state information includes a Rank Indicator (RI) indicating a preferable spatial multiplexing order (the number of layers), a Precoding Matrix Indicator (PMI) indicating a preferable precoder, a Channel Quality Indicator (CQI) specifying a preferable transmission rate, and the like. The PMI indicates a codebook determined by the terminal apparatus. The codebook is related to precoding of the physical downlink shared channel. The CQI can use an index (CQI index) indicative of a preferable modulation scheme (for example, QPSK, 16QAM, 64QAM, 256QAM, or the like), a preferable coding rate, and a preferable frequency utilization efficiency in a prescribed band), and the quantity of transmission layers of the PUSCH is used to determine an MCS table used for transmission of the PUSCH ([0065], MCS for the PDSCH/PUSCH can use an index (MCS index) for indicating a modulation order of the PDSCH/PUSCH and a target coding rate. The communication system 1 (base station apparatus 10 and terminal apparatus 20) shares the method of calculating the transport block size by the MCS, the target coding rate, and the number of resource elements allocated for the PDSCH/PUSCH transmission (number of resource blocks, [0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment). Although the formatting discussed in Goto is sometimes regarding the PUCCH, instead of the PUSCH, Park teaches “The UL and the DL i) transmit/receive control information through one or more control channels, such as a physical DL control channel (PDCCH), a physical UL control channel (PUCCH), and the like and ii) transmit/receive data through one or more data channels, such as a physical DL shared channel (PDSCH), a physical UL shared channel (PUSCH), and the like. Hereinafter, the transmission/reception of a signal through the PUCCH, the PUSCH, the PDCCH, or the PDSCH, may be described as the transmission/reception of the PUCCH, the PUSCH, the PDCCH, or the PDSCH” ([0041]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the PUSCH for the PUCCH, as taught in Park, in the system of Goto, since they are recognized equivalents, to yield predictable results. Regarding Claim 17, Goto and Park teach the apparatus according to claim 16, Goto further teaches wherein the method further comprises: sending, by the network device, second information to the terminal device, wherein the second information indicates an MCS table, and the first information and the second information are used to determine the MCS table used for transmission of the PUSCH ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used). Regarding Claim 18, Goto and Park teach the apparatus according to claim 17, Goto further teaches wherein when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, a second MCS table is used for transmission of the PUSCH, wherein the second MCS table is as follows: PNG media_image1.png 483 339 media_image1.png Greyscale ([0157], FIG. 10 is a diagram illustrating an example of an MCS table for the data transmission of the uplink according to the first embodiment. FIG. 10(a) is an example of a table of MCS for use in the data transmission of the eMBB. There are 32 types of indexes, and indexes 0 and 1 are specified by control information for q=1 (BPSK) and 2 (QPSK). FIG. 10(a) is an example of using the indexes 28 to 31 for retransmission. In the example of FIG. 10(a), the lowest frequency utilization efficiency (Spectral efficiency (SE)) is 0.2344, and the highest frequency utilization efficiency is 5.5547) Regarding Claim 19, Goto and Park teach the apparatus according to claim 17, Goto further teaches wherein when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, a third MCS table is used for transmission of the PUSCH, wherein the third MCS table is as follows: PNG media_image2.png 441 337 media_image2.png Greyscale ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB) Regarding Claim 20, Goto and Park teach the apparatus according to claim 17, Goto further teaches wherein when the MCS table indicated by the second information is a first MCS table, and the quantity of transmission layers of the PUSCH indicated by the first information is greater than 1, the first MCS table is used for transmission of the PUSCH ([0157], Fig. 10); and the method further comprises: sending, by the network device, third information and fourth information to the terminal device, wherein the third information indicates an MCS index, the fourth information indicates an offset value M, the MCS index and the offset value M are used to determine an MCS in the first MCS table used for transmission of the PUSCH ([0157], FIG. 10(b) is an example of a table of MCS for use in the data transmission of the URLLC. In the example of FIG. 10(b), there are 16 types of indexes, but a different value may be used as long as the number of indexes is less than or equal to the number of indexes of the MCS table used for the data transmission of the eMBB. In the example of FIG. 10(b), the lowest frequency utilization efficiency is 0.0586, but a different value may be used as long as the lowest frequency utilization efficiency is lower than the lowest frequency utilization efficiency of the MCS table used for the data transmission of the eMBB), and M is an integer greater than or equal to 0 ([0150], base station apparatus 10 transmits two types of the configuration information of the scheduling request (SR) to request radio resources for the uplink data transmission to each of the terminal apparatuses 20 by using the RRC messages, the SIB, or the like (S303). Here, the SR configuration can configure multiple of the PUCCH format (0 or 1) used, the resource of the PUCCH, the period of the transmission prohibit timer after transmission of the SR, the maximum number of SR transmissions, the transmittable periodicity of SR, and the offset of SR, but corresponds to multiple serving cells, BWPs, and PUCCH formats to be used). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Yoshimoto et al (US 2020/0204289) discloses FIG. 9 is a diagram illustrating a flow of MCS index configuration example in SPS according to the present embodiment. The higher layer processing unit 102 selects an MCS table, based on configuration information of “CQI table selection” (S101). Next, MCS restriction information, which indicates a region of the MCS table selected in S101, is configured (S102). Next, an MCS index is configured from the region indicated by the MCS restriction information, in consideration of a CSI index included in a CSI report (S104). Then, DCI (downlink assignment/uplink grant) including the MCS index is generated. Furthermore, a PDCCH including the DCI to which a CRC scrambled with an SPS C-RNTI is added is transmitted (S104). After transmission of the PDCCH, PDSCH transmission or PUSCH reception is periodically performed at a transmission interval indicated by SPS configuration information (S105). ([0105]); Yeo et al (US 2021/0321291) discloses the specific value W may be determined according to a higher layer parameter mcs-Table value included in a configuration related to PDSCH transmission, PUSCH transmission, or SPS transmission. ([0327]) Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Appiah can be reached at (571) 272-7904. 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. /MARGARET G WEBB/Primary Examiner, Art Unit 2641
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Prosecution Timeline

Dec 19, 2023
Application Filed
Mar 05, 2024
Response after Non-Final Action
Feb 21, 2026
Non-Final Rejection — §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
80%
Grant Probability
88%
With Interview (+8.0%)
2y 7m
Median Time to Grant
Low
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