Prosecution Insights
Last updated: April 19, 2026
Application No. 18/600,588

DATA TRANSMISSION METHOD AND APPARATUS

Non-Final OA §103
Filed
Mar 08, 2024
Examiner
CHOWDHURY, MOHAMMED SHAMSUL
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
288 granted / 344 resolved
+25.7% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
50 currently pending
Career history
394
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 344 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/12/2025 and 06/18/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 1, 8 and 15 are objected to because of the following informalities: Claims 1, 8 and 15 in lines 6-7, “wherein number M of the one or more TBs is an integer greater than 0 and less than N.”, should be replaced by “wherein number M of the one or more TBs is an integer greater than 0 and less than the N”. Appropriate correction is required. 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. In 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3, 8-10 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Talarico et al. (2022/0191864 as submitted in IDS), Talarico hereinafter, in view of Wang et al. (2023/0039648), Wang hereinafter. Re. claims 1, 8 and 15, Talarico teaches a communication method (Fig. 1-14 & ¶0047-¶0048/¶0080-¶0081), a non-transitory computer readable medium (Fig. 17, 1720) storing instructions that are executable (Fig. 17, ¶0164-¶0165) by a computer of a first communication apparatus (Fig. 1, UE 108/Fig.17), and the instructions comprise instructions for (Fig. 17, ¶0164-¶0165), and an apparatus, comprising: one or more processors (Fig. 1, 120/Fig. 17, 1705) to execute instructions (Fig. 17, ¶0164-¶0165) causing the apparatus to: receive configured grant (CG) information from a network device (Fig. 1-14 & ¶0047 - the gNB 104 may configure the UE 108 with a Type 1 CG allocation or a Type 2 CG allocation. Type 1 CG allocation may be fully configured and released using RRC signaling. …. With a Type 2 CG allocation, the resource allocation may be partially configured using RRC signaling, but may be subsequently activated or deactivated using PDCCH transmissions. Fig. 1-14 & ¶0048 - configuration messages 128 may configure the UE 108 with time-domain allocations using parameters similar to parameters used in the NR Release 15 CG design. These parameters include: periodicity of a CG; time-domain offset (for example, slot offset) of a resource; starting symbol and length indicator value (SLIV) used to deduce both a resource allocation starting symbol (S) and a number of consecutive symbols belonging to the resource allocation (L); and repK to indicate a number of transmissions of a transport block (TB) within a bundle of the configured uplink grant……. enhancing or replacing the Release 15 time-domain allocation may include the use of a bitmap. The bitmap may be designed to preserve the functions of the Release 15 time-domain allocation, while improving the efficiency of the ability of the UE 108 to use the time resources. Embodiments describe how this bitmap may be interpreted when the PUSCH repetition is larger or equal to the length of this bitmap. Another issue addressed by various embodiments is that if a bitmap of fixed length is defined for any desired CG periodicity of P units, the bitmap length of X units may have to be an integer multiple of P, for example, X may need to satisfy the formulae X mod P=0 when X>P, or vice-versa when X<P. This may imply that a choice of the fixed length bitmap of length X may need further enhancement in order to support an allocation of periodic time-domain resources of the supported Release 15 values of P.); obtain a configured quantity N of transport blocks (TBs) in a CG periodicity based on the CG information, wherein the configured quantity N of TBs is a maximum quantity of TBs transmittable in the CG periodicity, and N is an integer greater than 1 (Fig. 1-14 & ¶0048 - configuration messages 128 may configure the UE 108 with time-domain allocations using parameters similar to parameters used in the NR Release 15 CG design. These parameters include: periodicity of a CG; time-domain offset (for example, slot offset) of a resource; starting symbol and length indicator value (SLIV) used to deduce both a resource allocation starting symbol (S) and a number of consecutive symbols belonging to the resource allocation (L); and repK to indicate a number of transmissions of a transport block (TB) within a bundle of the configured uplink grant……. enhancing or replacing the Release 15 time-domain allocation may include the use of a bitmap. The bitmap may be designed to preserve the functions of the Release 15 time-domain allocation, while improving the efficiency of the ability of the UE 108 to use the time resources. Embodiments describe how this bitmap may be interpreted when the PUSCH repetition is larger or equal to the length of this bitmap. Another issue addressed by various embodiments is that if a bitmap of fixed length is defined for any desired CG periodicity of P units, the bitmap length of X units may have to be an integer multiple of P, for example, X may need to satisfy the formulae X mod P=0 when X>P, or vice-versa when X<P. This may imply that a choice of the fixed length bitmap of length X may need further enhancement in order to support an allocation of periodic time-domain resources of the supported Release 15 values of P. Fig. 1-14 & ¶0080 - parameters {periodicity, slot offset, SLIV, and repK} of the Release 15 time-domain allocation approach can be enhanced by either reinterpreting some of these parameters or enabling new parameters to make for a more efficient time-domain allocation for the CG in NR-U operation …. embodiments may provide the UE 108 with access to the channel at multiple slot offsets. Furthermore, for each offset, the configuration may enable multiple contiguous slots, depending on the available resources and periodicity. Fig. 1-14 & ¶0081 - UE 108 may be configured with a plurality of slot offsets in the same manner similar to that used in the Release 15 allocation. There may be a maximum number of slot offsets N, and the UE 108 may be configured with n slot offsets (K.sub.2,1, . . . , K.sub.2,n), n=1, . . . , N, where K.sub.2,i∈{0, . . . , 5119}, i=1, . . . n. The value K.sub.2,i may not be greater than the periodicity P (P in units of slots). The duration of contiguous resources (for example, slots/mini-slots) configured per offset may be given by parameter z, where z<Z, where Z is the maximum allowable resource (for example, slot/mini-slot) transmission duration: for example, Z≤8 to allow the maximum configurable TB repetitions or allow 8 TB transmissions. In one embodiment, if the configured offsets in the periodicity are n, each with resource (for example, slot/mini-slot) duration r, then nz<P, so that there may always be resource (for example, slot/mini-slot) gaps between transmissions within a periodicity. In one embodiment, n and z may be defined as new parameters, or can be accommodated by reinterpreting existing fields. In one embodiment, when the system operates on the unlicensed band, n or z can be signaled by reinterpreting one or more of the following parameters periodicity, slot offset, SLIV, and repK); and Yet, Talarico does not expressly teach send, to the network device in the CG periodicity, uplink data corresponding to one or more TBs, wherein the number M of the one or more TBs is an integer greater than 0 and less than N. However, in the analogous art, Wang explicitly discloses send, to the network device in the CG periodicity, uplink data corresponding to one or more TBs, wherein the number M of the one or more TBs is an integer greater than 0 and less than N. (Fig. 6 & ¶0188:¶0190 - in sub-block 662, the UE can determine whether any of the following conditions have been fulfilled: a maximum number of repetitions of the TB, including the initial TB transmission, has been reached, and/or expiration of a timer corresponding to a maximum number of autonomous retransmissions for an HARQ process associated with the initial TB transmission. . selecting the second resources is based on determining that none of the above conditions have been fulfilled. In some embodiments, the conditions tested by the UE in sub-blocks 661 and 662 can be combined, such that the UE only selects the second resources when it is determined that none of the information has been received (in sub-block 661) and that none of the conditions have been met (in sub-block 662). Fig. 6 & ¶0200 - the operations of block 670, where the UE can transmit, to the network node, the subsequent TB repetition using the second resources associated with the second CG (e.g., as selected in block 660). In some embodiments, the first CG includes a first redundancy version (RV) sequence for a plurality of TB repetitions. In such embodiments, transmitting the subsequent TB repetition (e.g., in block 670) can be further based on the first RV sequence of the first CG. Also, see claims 30 & 32). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Talarico’s invention of a system and a method for time-domain resource allocation for configured grant transmissions in New Radio (NR) systems to include Wang’s invention of transport block repetition with multiple uplink configured grant configurations in a 5G/NR (New Radio) wireless communication system, because it provides an efficient mechanism and flexible techniques for allocating UL (uplink) configured grants and other semi-persistent resources to UEs (User Equipment), e.g. operating in a cell, while avoiding excess UE complexity and energy consumption operating in the 5G/NR (New Radio) wireless communication system. (¶0018-¶0019, Wang) Re. Claims 2, 9 and 16, Talarico and Wang teach claims 1, 8 and 15. Talarico further teaches wherein the CG information comprises information indicating the configured quantity N. (Fig. 1-14 & ¶0081 - UE 108 may be configured with a plurality of slot offsets in the same manner similar to that used in the Release 15 allocation. There may be a maximum number of slot offsets N, and the UE 108 may be configured with n slot offsets (K.sub.2,1, . . . , K.sub.2,n), n=1, . . . , N, where K.sub.2,i∈{0, . . . , 5119}, i=1, . . . n. The value K.sub.2,i may not be greater than the periodicity P (P in units of slots). The duration of contiguous resources (for example, slots/mini-slots) configured per offset may be given by parameter z, where z<Z, where Z is the maximum allowable resource (for example, slot/mini-slot) transmission duration: for example, Z≤8 to allow the maximum configurable TB repetitions or allow 8 TB transmissions. …. when the system operates on the unlicensed band, n or z can be signaled by reinterpreting one or more of the following parameters periodicity, slot offset, SLIV, and repK). Re. Claims 3, 10 and 17, Talarico and Wang teach claims 1, 8 and 15. Talarico further teaches wherein the CG information comprises configuration information of repeated transmission and quantity information of repeated transmissions; and the obtaining the configured quantity N of TBs in the CG periodicity based on the CG information comprises: obtaining the configured quantity N of TBs based on the configuration information of repeated transmission and the quantity information of repeated transmissions. (Fig. 1-14 & ¶0048 - configuration messages 128 may configure the UE 108 with time-domain allocations using parameters similar to parameters used in the NR Release 15 CG design. These parameters include: periodicity of a CG; time-domain offset (for example, slot offset) of a resource; starting symbol and length indicator value (SLIV) used to deduce both a resource allocation starting symbol (S) and a number of consecutive symbols belonging to the resource allocation (L); and repK to indicate a number of transmissions of a transport block (TB) within a bundle of the configured uplink grant……. enhancing or replacing the Release 15 time-domain allocation may include the use of a bitmap. The bitmap may be designed to preserve the functions of the Release 15 time-domain allocation, while improving the efficiency of the ability of the UE 108 to use the time resources. Embodiments describe how this bitmap may be interpreted when the PUSCH repetition is larger or equal to the length of this bitmap. Another issue addressed by various embodiments is that if a bitmap of fixed length is defined for any desired CG periodicity of P units, the bitmap length of X units may have to be an integer multiple of P, for example, X may need to satisfy the formulae X mod P=0 when X>P, or vice-versa when X<P. This may imply that a choice of the fixed length bitmap of length X may need further enhancement in order to support an allocation of periodic time-domain resources of the supported Release 15 values of P. Fig. 1-14 & ¶0080 - parameters {periodicity, slot offset, SLIV, and repK} of the Release 15 time-domain allocation approach can be enhanced by either reinterpreting some of these parameters or enabling new parameters to make for a more efficient time-domain allocation for the CG in NR-U operation …. embodiments may provide the UE 108 with access to the channel at multiple slot offsets. Furthermore, for each offset, the configuration may enable multiple contiguous slots, depending on the available resources and periodicity. Fig. 1-14 & ¶0081 - UE 108 may be configured with a plurality of slot offsets in the same manner similar to that used in the Release 15 allocation. There may be a maximum number of slot offsets N, and the UE 108 may be configured with n slot offsets (K.sub.2,1, . . . , K.sub.2,n), n=1, . . . , N, where K.sub.2,i∈{0, . . . , 5119}, i=1, . . . n. The value K.sub.2,i may not be greater than the periodicity P (P in units of slots). The duration of contiguous resources (for example, slots/mini-slots) configured per offset may be given by parameter z, where z<Z, where Z is the maximum allowable resource (for example, slot/mini-slot) transmission duration: for example, Z≤8 to allow the maximum configurable TB repetitions or allow 8 TB transmissions. In one embodiment, if the configured offsets in the periodicity are n, each with resource (for example, slot/mini-slot) duration r, then nz<P, so that there may always be resource (for example, slot/mini-slot) gaps between transmissions within a periodicity. In one embodiment, n and z may be defined as new parameters, or can be accommodated by reinterpreting existing fields. In one embodiment, when the system operates on the unlicensed band, n or z can be signaled by reinterpreting one or more of the following parameters periodicity, slot offset, SLIV, and repK) Claims 4,11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Talarico, in view of Wang, further in view of Liu et al. (2022/0272738), Liu hereinafter. Re. Claims 4,11 and 18, Talarico and Wang teach claims 3, 10 and 17. Talarico further teaches wherein the obtaining the configured quantity N of TBs based on the configuration information of repeated transmission and the quantity information of repeated transmissions (Fig. 1-14 & ¶0048 - configuration messages 128 may configure the UE 108 with time-domain allocations using parameters similar to parameters used in the NR Release 15 CG design. These parameters include: periodicity of a CG; time-domain offset (for example, slot offset) of a resource; starting symbol and length indicator value (SLIV) used to deduce both a resource allocation starting symbol (S) and a number of consecutive symbols belonging to the resource allocation (L); and repK to indicate a number of transmissions of a transport block (TB) within a bundle of the configured uplink grant……. enhancing or replacing the Release 15 time-domain allocation may include the use of a bitmap. The bitmap may be designed to preserve the functions of the Release 15 time-domain allocation, while improving the efficiency of the ability of the UE 108 to use the time resources. Embodiments describe how this bitmap may be interpreted when the PUSCH repetition is larger or equal to the length of this bitmap. Another issue addressed by various embodiments is that if a bitmap of fixed length is defined for any desired CG periodicity of P units, the bitmap length of X units may have to be an integer multiple of P, for example, X may need to satisfy the formulae X mod P=0 when X>P, or vice-versa when X<P. This may imply that a choice of the fixed length bitmap of length X may need further enhancement in order to support an allocation of periodic time-domain resources of the supported Release 15 values of P. Fig. 1-14 & ¶0080 - parameters {periodicity, slot offset, SLIV, and repK} of the Release 15 time-domain allocation approach can be enhanced by either reinterpreting some of these parameters or enabling new parameters to make for a more efficient time-domain allocation for the CG in NR-U operation …. embodiments may provide the UE 108 with access to the channel at multiple slot offsets. Furthermore, for each offset, the configuration may enable multiple contiguous slots, depending on the available resources and periodicity. Fig. 1-14 & ¶0081 - UE 108 may be configured with a plurality of slot offsets in the same manner similar to that used in the Release 15 allocation. There may be a maximum number of slot offsets N, and the UE 108 may be configured with n slot offsets (K.sub.2,1, . . . , K.sub.2,n), n=1, . . . , N, where K.sub.2,i∈{0, . . . , 5119}, i=1, . . . n. The value K.sub.2,i may not be greater than the periodicity P (P in units of slots). The duration of contiguous resources (for example, slots/mini-slots) configured per offset may be given by parameter z, where z<Z, where Z is the maximum allowable resource (for example, slot/mini-slot) transmission duration: for example, Z≤8 to allow the maximum configurable TB repetitions or allow 8 TB transmissions. In one embodiment, if the configured offsets in the periodicity are n, each with resource (for example, slot/mini-slot) duration r, then nz<P, so that there may always be resource (for example, slot/mini-slot) gaps between transmissions within a periodicity. In one embodiment, n and z may be defined as new parameters, or can be accommodated by reinterpreting existing fields. In one embodiment, when the system operates on the unlicensed band, n or z can be signaled by reinterpreting one or more of the following parameters periodicity, slot offset, SLIV, and repK) Yet, Talarico and Wang do not expressly teach when the configuration information of repeated transmission is set to a preset value, obtaining the configured quantity N of TBs based on the quantity information of repeated transmissions. However, in the analogous art, Liu explicitly discloses when the configuration information of repeated transmission is set to a preset value, obtaining the configured quantity N of TBs based on the quantity information of repeated transmissions. (Fig. 1-5 & ¶0013 - a first aspect of the disclosure, there is provided a method in a terminal device. The method may comprise transmitting a transport block (TB) to a network node with a first configured grant. The method may further comprise retransmitting the TB to the network node autonomously with a second configured grant. Fig. 1-5 & ¶0016 - the second configured grant may belong to a first configured grant configuration. The method may further comprise retransmitting the TB to the network node autonomously with a third configured grant belonging to the first configured grant configuration. Fig. 1-5 & ¶0029 - the autonomous retransmission of the TB may stop when a predetermined maximum number of transmission attempts is reached or a predetermined maximum time period has elapsed. Fig. 1-5 & ¶0030 - the predetermined maximum number of transmission attempts or the predetermined maximum time period may be based on a latency requirement of related service data or related one or more logical channels. Fig. 1-5 & ¶0131 - when the predetermined maximum time period is to elapse or the predetermined maximum number of transmission attempts is to be reached, the autonomous retransmission of the TB may be performed proactively. For example, the autonomous retransmission of the TB may be performed without waiting a feedback for the TB or without waiting an expiration of a configured grant retransmission timer. The expiration of the configured grant retransmission timer may be used to trigger an autonomous retransmission using a configured grant. See claim 1 & 17-18). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Talarico’s invention of a system and a method for time-domain resource allocation for configured grant transmissions in New Radio (NR) systems and Wang’s invention of transport block repetition with multiple uplink configured grant configurations in a 5G/NR (New Radio) wireless communication system to include Liu’s invention of a system and a method for uplink transmission in a 5G/NR (New Radio) wireless communication system, because it provides an efficient mechanism in enhancing autonomous uplink HARQ retransmission performance, in turns, improves latency requirements for ultra-low latency critical communications (ULLCC) application for uplink transmission operating in the 5G/NR (New Radio) wireless communication system. (¶0001-¶0012/¶0119, Liu) Allowable Subject Matter Claims 5-7, 12-14 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The Examiner has conducted a search of Patent and Non-Patent Literature and was unable to find any prior art which solely or in combination with another reference teaches the limitation of: Claim 5 – sending uplink control information (UCI) to the network device, wherein the UCI comprises an active TB bitmap having one or more "0" bits, the number of "0" bits is equal to M. Claim 6 – Depends on claim 5. Claim 7 – Depends on claim 5. Claim 12 – wherein the apparatus is further caused to send uplink control information (UCI) to the network device, wherein the UCI comprises an active TB bitmap having one or more "0" bits, the number of the one or more "0" bits is equal to M. Claim 13 – Depends on claim 12. Claim 14 – Depends on claim 12. Claim 19 – sending uplink control information (UCI) to the network device, wherein the UCI comprises an active TB bitmap having one or more "0" bits, the number of the one or more "0" bits is equal to M. Claim 20 – Depends on claim 19. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Karaki et al. (2022/0377766); See ¶0041-¶0058, ¶0064, ¶0068-¶0084, ¶0115-¶0142, ¶0168-¶0175 along with Fig. 3-5, 7-8. Wang et al. (2023/0088550); See Abstract, ¶0012-¶0022, ¶0043-¶0063, ¶0073-¶0084, ¶0090-¶0109 along with Fig. 1-9. 3GPP TSG-RAN WG1 Meeting #97; R1-1907457; Source: Ericsson; Title: Configured grant enhancement; Reno, NV, USA, May 13th – 17th, 2019. See §2.1-§2.7, §3. 3GPP TSG-RAN WG1 Meeting #99; R1-1912712; Source: Ericsson; Title: Configured grant enhancement; Reno, USA, November 18th – 22nd, 2019. See §2.1-§2.6, §3. 3GPP TSG RAN WG1 #97; R1-1906133; Source: vivo; Title: Discussion on the enhancements to configured grants; Reno, USA, May 13th-17th, 2019. See §2.1-§2.5, §3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUL CHOWDHURY whose telephone number is (571)272-0485. The examiner can normally be reached on Monday-Thursday 9 AM- 6 PM EST (Friday Var.). 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, Hassan Phillips can be reached on 571-272-3940. 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. /MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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Prosecution Timeline

Mar 08, 2024
Application Filed
Feb 28, 2026
Non-Final Rejection — §103 (current)

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Expected OA Rounds
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Grant Probability
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2y 8m
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