Prosecution Insights
Last updated: April 19, 2026
Application No. 18/621,912

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Mar 29, 2024
Examiner
FUQUA, CHRISTINE DUONG
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
541 granted / 654 resolved
+24.7% vs TC avg
Strong +19% interview lift
Without
With
+19.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
29 currently pending
Career history
683
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 654 resolved cases

Office Action

§103
DETAILED ACTION This is in response to the Applicant's arguments and amendments filed on 15 May 2024 in which claims 1-20 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 . Information Disclosure Statement The references listed in the Information Disclosure Statement, filed on 29 January 2025, 18 June 2025, 20 August 2025, have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B forms). Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 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, Papasakellariou discloses a communication method, a communication method, 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 (“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, K is equal to N, and wherein 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 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. Conclusion 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 03/04/2026
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Prosecution Timeline

Mar 29, 2024
Application Filed
May 15, 2024
Response after Non-Final Action
Mar 04, 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
83%
Grant Probability
99%
With Interview (+19.3%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 654 resolved cases by this examiner. Grant probability derived from career allow rate.

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