Prosecution Insights
Last updated: April 19, 2026
Application No. 18/575,543

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §103
Filed
Dec 29, 2023
Examiner
ZHAO, WEI
Art Unit
2479
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
953 granted / 1067 resolved
+31.3% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
25 currently pending
Career history
1092
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
42.4%
+2.4% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1067 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 2 . Acknowledgment is made of the present application is the continuation of the international patent application No. PCT/CN202 1 /1 04378 , fled on July 2 ,202 1 . Examiner's Notes 3 . Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf ) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only : (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Preliminary Amendment 4 . Acknowledgment is made of Applicant’s submission of the preliminary amendment on August 2 6 , 202 5 . Claims 1- 30 have been canceled ; claims 31 - 38 are new . Upon entering the amendment, claims 3 1- 38 are pending. This communication is considered fully responsive and sets forth below . Information Disclosure Statement 5 . Acknowledgment is made of Applicant’s submission of information disclosure statement (IDS), dated on December 29 , 2023 and September 10 , 202 5 . The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification 6. The title of the invention is not descriptive. The title of this application is “METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION.” The examiner objects the usage of this title as it is not clearly indicative of the invention to which the claims are directed. A substitution of a new title is anticipated. Claim Rejections - 35 USC § 10 3 7 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 8 . 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 of this title, 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. 9 . Claims 31, 33, 35, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US 202 1 /0 297197 ) in view of Si et al. (US 202 2 /0 272734 ). Regarding claim 31 , Zhou et al. teach the method, performed by a terminal device ( paragraphs [0 020 ] lines 1- 1 4 & [0 072 ] lines 1-1 2 ; Examiner’s Notes: both UE 106 depicted in FIG. 1 and UE 400 depicted in FIG. 4 of the prior art teaches the limitation of “ a terminal device ” in the instant application ) , the method comprising: receiving, from a network device, a downlink control information (DCI) scheduling a plurality of data transmissions ( paragraph [00 8 9] lines 1- 1 9; Examiner’s Notes: base station 1 0 8 depicted in FIG. 1 of the prior art teaches the limitation of “ a network device ;” in fact, receiving , from base station 108, a DCI scheduling data transmissions, e.g., in uplink/downlink transmissions, as illustrated in FIG. 1 of the prior art teaches the limitation of “ receiving, from a network device, a downlink control information (DCI) scheduling a plurality of data transmissions ” in the instant application ) ; and transmitting, to the network device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions ( paragraph [00 97 ] lines 1- 7 ; Examiner’s Notes: the HARQ ACK information codebook in the prior art teaches the limitation of “ a codebook for a hybrid automatic repeat request (HARQ) feedback ;” in fact, transmitting, to base station 108, the HARQ ACK information codebook regards to the data transmissions as illustrated in FIG. 1 of the prior art teaches the limitation of “ transmitting, to the network device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions ” in the instant application ) , the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol ( paragraph [00 69 ] lines 1- 13 ; Examiner’s Notes: co l liding with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “ is collided with a configured uplink symbol ;” in fact, the HARQ NACK for the data transmission in a plurality of PDSCHs that is co l lid ed with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “ the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol ” in the instant application ) . Zhou et al. teach the method without explicitly teaching implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission . Si et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission (paragraph s [0053] lines 1-5 & [02 0 4 ] lines 1- 6 ; Examiner’s Notes: the bit number /position of the HARQ-ACK in the prior art teaches the limitation of “ a HARQ-acknowledgement (HARQ-ACK) bit position ;” in fact, the feedback codebook including the NACK in the bit number/position of the HARQ-ACK corresponding to a scheduled position for the data transmission, e.g., in PDSCH, in the prior art teaches the limitation of “ wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission ” in the instant application ). Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Si et al. in the system of Zhou et al. The motivation for implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission , is to further enhance the mechanism for a n HARQ-ACK feedback method, wherein t he method includes: when a HARQ-ACK of a PDSCH is required to be transmitted on a PUSCH scheduled by uplink DCI in a multiplexing mode, if the uplink DCI includes a Downlink Assignment Index ( DAI) , determining an HARQ-ACK feedback codebook transmitted on the PUSCH, based on at least one of a judgement result of whether the PDSCH scheduled before the uplink DCI is required to transmit the HARQ-ACK on the PUSCH in a multiplexing mode or the DAI, and a maximum quantity of PDSCHs capable of being transmitted after the uplink DC I . Regarding claim 3 3 , Zhou et al. teach the method , performed by a network device ( paragraphs [0020] lines 1-14; Examiner’s Notes: base station 108 depicted in FIG. 1 of the prior art teaches the limitation of “a network device” in the instant application ) , the method comprising: transmitting, to a terminal device, a downlink control information (DCI) scheduling a plurality of data transmissions ( paragraph [0089] lines 1-19; Examiner’s Notes: UE106 depicted in FIG. 1 of the prior art teaches the limitation of “a terminal device;” in fact, transmitting , to UE 10 6 , a DCI scheduling data transmissions, e.g., in uplink/downlink transmissions, as illustrated in FIG. 1 of the prior art teaches the limitation of “ transmitting, to a terminal device, a downlink control information (DCI) scheduling a plurality of data transmissions” in the instant application ) ; and receiving, from the terminal device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions ( paragraph [0097] lines 1-7; Examiner’s Notes: the HARQ ACK information codebook in the prior art teaches the limitation of “a codebook for a hybrid automatic repeat request (HARQ) feedback;” in fact, receiving , from UE 10 6 , the HARQ ACK information codebook regards to the data transmissions as illustrated in FIG. 1 of the prior art teaches the limitation of “ receiving, from the terminal device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions” in the instant application ) , the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol ( paragraph [0069] lines 1-13; Examiner’s Notes: colliding with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “is collided with a configured uplink symbol;” in fact, the HARQ NACK for the data transmission in a plurality of PDSCHs that is collided with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol” in the instant application ). Zhou et al. teach the method without explicitly teaching implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission. Si et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission (paragraphs [0053] lines 1-5 & [0204] lines 1-6; Examiner’s Notes: the bit number/position of the HARQ-ACK in the prior art teaches the limitation of “a HARQ-acknowledgement (HARQ-ACK) bit position;” in fact, the feedback codebook including the NACK in the bit number/position of the HARQ-ACK corresponding to a scheduled position for the data transmission, e.g., in PDSCH, in the prior art teaches the limitation of “wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission” in the instant application ). Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Si et al. in the system of Zhou et al. The motivation for implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission, is to further enhance the mechanism for an HARQ-ACK feedback method, wherein the method includes: when a HARQ-ACK of a PDSCH is required to be transmitted on a PUSCH scheduled by uplink DCI in a multiplexing mode, if the uplink DCI includes a Downlink Assignment Index ( DAI) , determining an HARQ-ACK feedback codebook transmitted on the PUSCH, based on at least one of a judgement result of whether the PDSCH scheduled before the uplink DCI is required to transmit the HARQ-ACK on the PUSCH in a multiplexing mode or the DAI, and a maximum quantity of PDSCHs capable of being transmitted after the uplink DCI . Regarding claim 3 5 , Zhou et al. teach the terminal device ( paragraphs [0020] lines 1-14 & [0072] lines 1-12; Examiner’s Notes: both UE106 depicted in FIG. 1 and UE400 depicted in FIG. 4 of the prior art teaches the limitation of “a terminal device” in the instant application ) , comprising a processor ( paragraph [0072] lines 1-12; Examiner’s Notes: processor404 in UE400 depicted in FIG. 4 of the prior art teaches the limitation of “a processor ” in the instant application ) configured to cause the terminal device to: receiv e , from a network device, a downlink control information (DCI) scheduling a plurality of data transmissions ( paragraph [0089] lines 1-19; Examiner’s Notes: base station 108 depicted in FIG. 1 of the prior art teaches the limitation of “a network device;” in fact, receiving, from base station 108, a DCI scheduling data transmissions, e.g., in uplink/downlink transmissions, as illustrated in FIG. 1 of the prior art teaches the limitation of “receiv e , from a network device, a downlink control information (DCI) scheduling a plurality of data transmissions” in the instant application ); and transmit, to the network device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions ( paragraph [0097] lines 1-7; Examiner’s Notes: the HARQ ACK information codebook in the prior art teaches the limitation of “a codebook for a hybrid automatic repeat request (HARQ) feedback;” in fact, transmitting, to base station 108, the HARQ ACK information codebook regards to the data transmissions as illustrated in FIG. 1 of the prior art teaches the limitation of “transmit, to the network device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions” in the instant application ), the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol ( paragraph [0069] lines 1-13; Examiner’s Notes: colliding with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “is collided with a configured uplink symbol;” in fact, the HARQ NACK for the data transmission in a plurality of PDSCHs that is collided with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol” in the instant application ). Zhou et al. teach the terminal device without explicitly teaching implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission. Si et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission (paragraphs [0053] lines 1-5 & [0204] lines 1-6; Examiner’s Notes: the bit number/position of the HARQ-ACK in the prior art teaches the limitation of “a HARQ-acknowledgement (HARQ-ACK) bit position;” in fact, the feedback codebook including the NACK in the bit number/position of the HARQ-ACK corresponding to a scheduled position for the data transmission, e.g., in PDSCH, in the prior art teaches the limitation of “wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission” in the instant application ). Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Si et al. in the system of Zhou et al. The motivation for implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission, is to further enhance the mechanism for an HARQ-ACK feedback method, wherein the method includes: when a HARQ-ACK of a PDSCH is required to be transmitted on a PUSCH scheduled by uplink DCI in a multiplexing mode, if the uplink DCI includes a Downlink Assignment Index ( DAI) , determining an HARQ-ACK feedback codebook transmitted on the PUSCH, based on at least one of a judgement result of whether the PDSCH scheduled before the uplink DCI is required to transmit the HARQ-ACK on the PUSCH in a multiplexing mode or the DAI, and a maximum quantity of PDSCHs capable of being transmitted after the uplink DCI . Regarding claim 3 7 , Zhou et al. teach the network device ( paragraphs [0020] lines 1-14; Examiner’s Notes: base station 108 depicted in FIG. 1 of the prior art teaches the limitation of “a network device” in the instant application ) , comprising a processor (paragraph [0020] lines 1-16; Examiner’s Notes: a processor is an inherent characteristic within base station 108 ) configured to cause the network device to: transmit, to a terminal device, a downlink control information (DCI) scheduling a plurality of data transmissions ( paragraph [0089] lines 1-19; Examiner’s Notes: UE106 depicted in FIG. 1 of the prior art teaches the limitation of “a terminal device;” in fact, transmitting, to UE 106, a DCI scheduling data transmissions, e.g., in uplink/downlink transmissions, as illustrated in FIG. 1 of the prior art teaches the limitation of “transmit, to a terminal device, a downlink control information (DCI) scheduling a plurality of data transmissions” in the instant application ); and receiv e , from the terminal device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions ( paragraph [0097] lines 1-7; Examiner’s Notes: the HARQ ACK information codebook in the prior art teaches the limitation of “a codebook for a hybrid automatic repeat request (HARQ) feedback;” in fact, receiving, from UE 106, the HARQ ACK information codebook regards to the data transmissions as illustrated in FIG. 1 of the prior art teaches the limitation of “receiv e , from the terminal device, a codebook for a hybrid automatic repeat request (HARQ) feedback for the plurality of data transmissions” in the instant application ), the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol ( paragraph [0069] lines 1-13; Examiner’s Notes: colliding with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “is collided with a configured uplink symbol;” in fact, the HARQ NACK for the data transmission in a plurality of PDSCHs that is collided with a symbol configured by a higher layer as an uplink symbol in the prior art teaches the limitation of “the HARQ feedback comprising a negative acknowledgement (NACK) for a data transmission in the plurality of data transmissions that is collided with a configured uplink symbol” in the instant application ). Zhou et al. teach the network device without explicitly teaching implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission. Si et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission (paragraphs [0053] lines 1-5 & [0204] lines 1-6; Examiner’s Notes: the bit number/position of the HARQ-ACK in the prior art teaches the limitation of “a HARQ-acknowledgement (HARQ-ACK) bit position;” in fact, the feedback codebook including the NACK in the bit number/position of the HARQ-ACK corresponding to a scheduled position for the data transmission, e.g., in PDSCH, in the prior art teaches the limitation of “wherein the codebook comprises the negative acknowledgement in a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission” in the instant application ). Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Si et al. in the system of Zhou et al. The motivation for implementing a HARQ-acknowledgement (HARQ-ACK) bit position corresponding to a scheduled position for the data transmission, is to further enhance the mechanism for an HARQ-ACK feedback method, wherein the method includes: when a HARQ-ACK of a PDSCH is required to be transmitted on a PUSCH scheduled by uplink DCI in a multiplexing mode, if the uplink DCI includes a Downlink Assignment Index ( DAI) , determining an HARQ-ACK feedback codebook transmitted on the PUSCH, based on at least one of a judgement result of whether the PDSCH scheduled before the uplink DCI is required to transmit the HARQ-ACK on the PUSCH in a multiplexing mode or the DAI, and a maximum quantity of PDSCHs capable of being transmitted after the uplink DCI . Allowable Subject Matter 1 0 . Claims 3 2, 34, 36 , and 38 are objected to as being dependent upon a rejected base claim 3 1 , 33, 35, or 37 , but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claim(s). Regarding claim 3 2 , the prior art in single or in combination fails to teach " wherein: the plurality of data transmissions comprises a number of groups, and the number of groups is determined based on a maximum number among a plurality of numbers of groups for a plurality of serving cells ,” in combination with other limitation of the claim(s). Similar limitations are included in claim s 34, 36, and 38 . Conclusion 1 1 . The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhang et al. (US 2023/0 155773) is cited to show the method for determining a quasi -co-located assumption for aperiodic channel state information reference signals for multi-transmission-reception-point operation in a wireless communication system, wherein a wireless device establishes wireless links with multiple transmission-reception-points of a cellular network, receives downlink control information, the wireless device determines a quasi-co-located assumption for aperiodic channel state information reference signals for the downlink control information, and signals received according to the quasi-co-located assumption for aperiodic channel state information reference signals are buffered by the wireless device if a scheduling offset for the downlink control information is below a scheduling offset; He et al. (US 11,071,172) is cited for the technology for a user equipment (UE) configured for bandwidth adaptation (BWA), wherein the UE decodes resource allocation information for a first radio frequency (RF) bandwidth including a primary subband available to the UE for data communication, the UE decodes resource allocation information for a second RF bandwidth, wherein the second RF bandwidth comprises the first RF bandwidth and at least one secondary subband available to the UE for data communication, the UE encodes data for transmission to a next generation NodeB (gNB) using resources allocated for the second RF bandwidth in the primary subband and the secondary subband, and then the UE has a memory interface configured to send to a memory the resource allocation information for the first RF bandwidth and the second RF bandwidth . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Enter examiner's name" \* MERGEFORMAT WEI ZHAO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5672 . The examiner can normally be reached from 8:00AM to 5:00PM Monday through Friday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang B. Yao can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 5712723182 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WEI ZHAO/ Primary Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Dec 29, 2023
Application Filed
Dec 08, 2025
Examiner Interview (Telephonic)
Dec 19, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+15.4%)
2y 7m
Median Time to Grant
Low
PTA Risk
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