Prosecution Insights
Last updated: October 02, 2026
Application No. 18/621,912

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103
Filed
Mar 29, 2024
Priority
Sep 30, 2021 — CN 202111162151.3 +1 more
Examiner
FUQUA, CHRISTINE DUONG
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
560 granted / 676 resolved
+24.8% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
27 currently pending
Career history
703
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
60.7%
+20.7% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 676 resolved cases

Office Action

§103
DETAILED ACTION This is in response to the Applicant's arguments and amendments filed on 08 June 2026 in which claims 1-26 are currently pending. 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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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 1-2, 8-9, 15, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Papasakellariou (PG Pub US 2020/0259625 A1) in view of Dai et al. (PG Pub US 2023/0379915 A1). Regarding claims 1, 8, 15, 21 Papasakellariou discloses a communication method, a communication method, a communication apparatus, and a communication apparatus. determining a quantity of coded modulation symbols of first uplink control information (UCI) (“a number of coded modulation symbols per layer for HARQ-ACK multiplexing, denoted as Q′.sub.ACK, can be determined” [0119], [0133], “Q′.sub.ACK is the number of coded modulation symbols per layer for HARQ-ACK transmitted on the PUSCH if number of HARQ-ACK information bits is more than 2” [0134]); and receiving/sending the first UCI (“For a HARQ-ACK multiplexing in PUSCH transmission” [0119], “the UE 116 can transmit the UCI” [0143]), the first UCI is carried on a first channel (“A UE can transmit data information or UCI through a respective physical UL shared channel (PUSCH) or a physical UL control channel (PUCCH)” [0078]), a quantity of time units occupied by the first channel is N, at least one of N and K is used to determine the quantity of coded modulation symbols of the first UCI, N is an integer greater than 1, and K is an integer greater than 1, and K is equal to N (“the UE 116 transmits a PUSCH that includes a total of N.sub.PUSCH.sup.repeat repetitions that would multiplex UCI in N.sup.UCI.sub.PUSCH repetitions. Then, in operation 1620, the UE 116 determines a number of REs (or a number of coded modulation symbols) for multiplexing the UCI in each N.sup.UCI.sub.PUSCH repetition of the PUSCH transmission as a product of ┌N.sup.repeat.sub.PUSCH/N.sup.UCI.sub.PUSCH┐ and a number of UCI REs in the case of no PUSCH repetitions. More particularly, the UE 116 determines a number of REs for multiplexing the UCI in each N.sup.UCI.sub.PUSCH repetition by scaling by ┌N.sup.repeat.sub.PUSCH/N.sup.UCI.sub.PUSCH┐ a number of REs (or a number of coded modulation symbols) corresponding to N.sup.repeat.sub.PUSCH=1 repetitions (i.e. no repetitions) of the PUSCH transmission. For example, for N.sup.UCI.sub.PUSCH=1, the UE 116 can scale a number of REs for UCI multiplexing, or equivalently a number of UCI coded modulation symbols, by N.sup.repeat.sub.PUSCH. In operation 1630, the UE 116 multiplexes the UCI over the determined number of REs in each of the N.sup.UCI.sub.PUSCH repetitions and transmits the N.sup.UCI.sub.PUSCH repetitions. For example, using Equation 2, a number of coded modulation symbols per layer for HARQ-ACK transmission” [0202]). However, Papasakellariou does not explicitly disclose a scaling factor of a transport block carried on the first channel is K. Nevertheless, Dai discloses “TBS or MCS scaling may be implemented for multi-slot PUSCH. In an example, a code rate or TBS may be scaled up for a four-slot PUSCH (e.g., scaled by a factor of 2 or 4)” [0024]. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have a scaling factor of a transport block carried on the first channel because it will allow “for system capacity improvement” [0024]. Regarding claims 2, 9, Papasakellariou, Dai discloses everything claimed as applied above. In addition the determining a quantity of coded modulation symbols of first UCI comprises: determining the quantity of coded modulation symbols of the first UCI based on a quantity of first symbols in one transmission occasion, wherein the quantity of first symbols in one transmission occasion is determined based on L or based on L and N, the first symbol is a symbol occupied by the first channel in a time unit, L is a length of the first symbols, and L is a positive integer (“Q′.sub.ACK is the number of coded modulation symbols per layer for HARQ-ACK transmitted on the PUSCH if number of HARQ-ACK information bits is more than 2” [0138], “C.sub.UL-SCH is the number of code blocks for the transport block of the PUSCH transmission; [0125] K.sub.r is the r-th code block size for transport of the PUSCH transmission; [0126] M.sup.PUSCH.sub.sc is the scheduled bandwidth of the PUSCH transmission, expressed as a number of subcarriers; [0127] M.sup.PT-RS.sub.sc (l) is the number of subcarriers in OFDM symbol l that carries phase-tracking RS (PTRS), in the PUSCH transmission” [0120]). Further, Dai discloses “a code rate or TBS may be scaled up for a four-slot PUSCH (e.g., scaled by a factor of 2 or 4)” [0024]. Allowable Subject Matter Claims 3-7, 10-14, 16-20, 22-26 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. Response to Arguments Applicant's arguments have been fully considered but they are not persuasive. Applicants have argued regarding claim 1 that “Papasakellariou's repetition-based processing concerns how UCI is multiplexed in repeated uplink transmissions. Papasakellariou does not teach setting a transport block scaling factor equal to the number of time units occupied by the same uplink channel” and “Dai, however, fails to disclose setting a transport block scaling factor equal to the number of time units occupied by the same uplink channel” (pages 23-24). In response to Applicants’ argument, the examiner respectfully disagrees. Papasakellariou discloses a scaling factor that could be the same value as a quantity of time units where N and K are positive integer numbers and could be equal to each other (“for a field that includes 2 bits for scaling N.sub.PUCCH.sup.repeat,ref, values of ƒ can be 0.5, 1, 2, 4. It is also possible that instead of a scaling of a reference number of repetitions, the field in the DCI format instead directly provides the actual number of repetitions for a PUCCH transmission or an index to a set of a configured number of repetitions for a PUSCH transmission. Then, for example for a field that includes 2 bits, values off can be 1, 2, 4, 8. For example, for a set of numbers of repetitions of a PUCCH transmissions that is provided by higher layers and includes four values {N.sub.PUCCH.sup.repeat,1, N.sub.PUCCH.sup.repeat,2, N.sub.PUCCH.sup.repeat,3, N.sub.PUCCH.sup.repeat,4}, a field that includes 2 bits can indicate one of the four values from the set” [0102], “the UE 116 determines a number of REs (or a number of coded modulation symbols) for multiplexing the UCI in each N.sup.UCI.sub.PUSCH repetition of the PUSCH transmission as a product of ┌N.sup.repeat.sub.PUSCH/N.sup.UCI.sub.PUSCH┐ and a number of UCI REs in the case of no PUSCH repetitions. More particularly, the UE 116 determines a number of REs for multiplexing the UCI in each N.sup.UCI.sub.PUSCH repetition by scaling by ┌N.sup.repeat.sub.PUSCH/N.sup.UCI.sub.PUSCH┐ a number of REs (or a number of coded modulation symbols) corresponding to N.sup.repeat.sub.PUSCH=1 repetitions (i.e. no repetitions) of the PUSCH transmission. For example, for N.sup.UCI.sub.PUSCH=1, the UE 116 can scale a number of REs for UCI multiplexing, or equivalently a number of UCI coded modulation symbols, by N.sup.repeat.sub.PUSCH” [0202]). Further, the secondary reference is used to show a relationship between a scaling factor and a transport block (“TBS or MCS scaling may be implemented for multi-slot PUSCH. In an example, a code rate or TBS may be scaled up for a four-slot PUSCH (e.g., scaled by a factor of 2 or 4)” [0024], “For the case of a scaling rate (γ) equaling 2, a first scenario 522 and second scenario 524 may include the UCI multiplexed on the remaining slots of the PUSCH transmission as shown. For the case of a scaling rate (γ) equaling 4, a third scenario 526 and fourth scenario 528 may include the UCI multiplexed on the remaining slots of the PUSCH transmission” [0065]). Therefore, a combination of Papasakellariou and Dai discloses the limitations of claim 1. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE D FUQUA whose telephone number is (571)270-1664. The examiner can normally be reached Monday - Friday 8 AM - 6 PM EST with every other Friday off. 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, Yemane Mesfin can be reached at (571)272-3927. 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. CHRISTINE DUONG FUQUA Primary Examiner Art Unit 2462 /CHRISTINE T DUONG/Primary Examiner, Art Unit 2462 08/10/2026
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Prosecution Timeline

Mar 29, 2024
Application Filed
May 15, 2024
Response after Non-Final Action
Mar 10, 2026
Non-Final Rejection mailed — §103
Jun 08, 2026
Response Filed
Aug 13, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+19.1%)
2y 11m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 676 resolved cases by this examiner. Grant probability derived from career allowance rate.

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