Prosecution Insights
Last updated: April 19, 2026
Application No. 18/656,088

TECHNIQUES FOR APPLYING SYSTEMATIC POLAR CODES FOR JOINT SOURCE AND CHANNEL CODING (JSCC)

Final Rejection §102§103§112§DP
Filed
May 06, 2024
Examiner
ALSHACK, OSMAN M
Art Unit
2112
Tech Center
2100 — Computer Architecture & Software
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
445 granted / 517 resolved
+31.1% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
33 currently pending
Career history
550
Total Applications
across all art units

Statute-Specific Performance

§101
13.0%
-27.0% vs TC avg
§103
44.7%
+4.7% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 517 resolved cases

Office Action

§102 §103 §112 §DP
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 . Status of Claims 2. Claims 1-20 are presented for examination. Claim Rejections - 35 USC § 112 3. The rejection of claims 1-20 under 35 U.S.C. § 112, second paragraph, is withdrawn in view of applicant's amendments/remarks. Response to Arguments For Double Patenting: 4. Examiner maintains the double patenting rejection because there is no terminal disclaimer has been filed and/or claims not amended in such a way to overcome the double patenting rejection. For Claim Rejections - 35 USC § 102: 5. Applicant’s arguments filed on 12/29/2025 with respect to claims 1, 9, and 20 have been considered but are moot in view of the new ground(s) of rejection. In addition to, the Examiner maintained the reference of Xu et al. (US 2020/0021309 A1) since there is no further argument/s regarding to this reference. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 6. Claims 1, 9, and 20 are a provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 23, 27, and 1 respectively of Co-pending Application No. 18/467,365 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 9, and 20 of the present application are substantially equivalent to claims 23, 27, and 1 of the reference application as shown in the chart and explanation below. Instant Application No. 18/656,088 U.S Co-pending Application No. 18/467,365 Claim 1: A first wireless device, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first wireless device to: communicate, with a second wireless device, a control signal indicating a systematic polar code configuration, the systematic polar code configuration indicating for the first wireless device to perform systematic polar encoding on a first plurality of bits associated with a non-uniform bit distribution; wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit; apply a systematic polar code to the first plurality of bits to generate a systematic polar codeword based at least in part on the systematic polar code configuration, the systematic polar codeword comprising a plurality of parity bits and a plurality of systematic bits; and transmit at least the plurality of parity bits of the systematic polar codeword. Claim 23: An apparatus for wireless communication at a first wireless device, comprising: one or more processors; one or more memories coupled with the one or more processors; and instructions stored in the one or more memories and executable by the one or more processors individually or collectively to cause the apparatus to: transmit, via a channel between the first wireless device and a second wireless device, a codeword associated with a plurality of encoder input bits encoded using a systematic polar code, wherein the plurality of encoder input bits is associated with a plurality of information bits different from the plurality of encoder input bits; and transmit, via the channel, a subset of the plurality of encoder input bits based at least in part on identifying a failure of the second wireless device to decode one or more information bits of the plurality of information bits, wherein the subset of the plurality of encoder input bits are selected according to an order of log likelihood ratios (LLRs) associated with a plurality of bit-channels used for encoding the plurality of encoder input bits according to the systematic polar code, and wherein a quantity of bits in the subset of the plurality of encoder input bits is based on a difference between a capacity of the channel and a rate of the codeword transmitted over the channel. Claim 9: A second wireless device, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the second wireless device to: communicate, with a first wireless device, a control signal indicating a systematic polar code configuration, the systematic polar code configuration indicating for the first wireless device to perform systematic polar encoding on a first plurality of bits associated with a non-uniform bit distribution; wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit; receive at least a plurality of parity bits of a systematic polar codeword, wherein the plurality of parity bits are based at least in part on the first plurality of bits associated with the non-uniform bit distribution; and decode the plurality of parity bits to identify the first plurality of bits of the systematic polar codeword. Claim 27: An apparatus for wireless communication at a first wireless device, comprising: one or more processors; one or more memories coupled with the one or more processors; and instructions stored in the memory and executable by the one or more processors to cause the apparatus to: receive, via a channel between the first wireless device and a second wireless device, a codeword associated with a plurality of information bits encoded according to a systematic polar code into a plurality of encoder output bits; obtain a first plurality of log likelihood ratios (LLRs) associated with the plurality of encoder output bits based at least in part on performing a first decoding operation on the codeword using the systematic polar code; receive, via the channel and based at least in part on a failure of the first wireless device to decode one or more information bits of the plurality of encoder output bits, a second plurality of LLRs corresponding to a subset of the plurality of encoder output bits, the second plurality of LLRs being received independent of the systematic polar code, wherein an index associated with each information bit in the subset of the plurality of encoder output bits is identified based at least in part on an order of at least one of the first plurality of LLRs or the second plurality of LLRs, and wherein a quantity of bits in the subset of the plurality of encoder output bits is based on a difference between a capacity of the channel and a rate of the codeword transmitted over the channel; and perform, on the codeword, a second decoding operation using the systematic polar code and a combination of the first plurality of LLRs and the second plurality of LLRs. Claim 20: A method for wireless communications at a first wireless device, comprising: communicating, with a second wireless device, a control signal indicating a systematic polar code configuration, the systematic polar code configuration indicating for the first wireless device to perform systematic polar encoding on a first plurality of bits associated with a non-uniform bit distribution; wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit; applying a systematic polar code to the first plurality of bits to generate a systematic polar codeword based at least in part on the systematic polar code configuration, the systematic polar codeword comprising a plurality of parity bits and a plurality of systematic bits; and transmitting at least the plurality of parity bits of the systematic polar codeword. Claim 1: A method for wireless communication at a first wireless device, comprising: transmitting, via a channel between the first wireless device and a second wireless device, a codeword associated with a plurality of encoder input bits encoded using a systematic polar code, wherein the plurality of encoder input bits is associated with a plurality of information bits different from the plurality of encoder input bits; and transmitting, via the channel, a subset of the plurality of encoder input bits based at least in part on identifying a failure of the second wireless device to decode one or more information bits of the plurality of information bits, wherein the subset of the plurality of encoder input bits are selected according to an order of log likelihood ratios (LLRs) associated with a plurality of bit-channels used for encoding the plurality of encoder input bits according to the systematic polar code, and wherein a quantity of bits in the subset of the plurality of encoder input bits is based on a difference between a capacity of the channel and a rate of the codeword transmitted over the channel. From the table above, claims 23, 27, and 1 of the reference application contain every limitation of claims 1, 9, and 20 of the instant application except the feature of “one or more memories storing processor-executable code, the systematic polar codeword comprising a plurality of parity bits and a plurality of systematic bits, and wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit” However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the wireless communication system of the instant application with the reference application by including one or more memories storing processor-executable code the systematic polar codeword comprising a plurality of parity bits and a plurality of systematic bits. This modification would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, because one of ordinary skill in the art would have recognized that one or more memories storing processor-executable code the systematic polar codeword comprising a plurality of parity bits and a plurality of systematic bits would have improved the wireless communication system performance. Thus, claims 1, 9, and 20 of the instant application are not patentably distinct over the patent application because both applications contain substantially the same limitations performing the same function. This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have been not been patented. 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. The factual inquiries 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. 7. Claims 1-4, 8-14, 19, and 20 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Xu et al. (US 2020/0021309 A1) "herein after as Xu" in view of Iscan et al. (US 2022/0263694 A1) "herein after as Iscan." As per claims 1 and 20: Xu substantially teaches or discloses a first wireless device, comprising (see Fig. 2, first wireless communication device 202): one or more memories storing processor-executable code (see paragraph [0017], herein a non-transitory computer-readable medium storing computer-executable code); and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first wireless device to (see paragraph [0014], herein the disclosure provides an apparatus configured for communication that includes a memory and a processor coupled to the memory, and paragraph [0087], herein programming stored by the storage medium 1004, when executed by the processing circuit 1010, causes the processing circuit 1010 to perform one or more of the various functions and/or process operations described herein): communicate, with a second wireless device, a control signal indicating a systematic polar code configuration (see paragraph [0047], herein the first wireless communication device 202 transmits a message over a communication channel 206 (e.g., a wireless channel) to the second wireless communication device 204), the systematic polar code configuration indicating for the first wireless device to perform systematic polar encoding on a first plurality of bits (see paragraph [0048], herein Block codes or error correcting codes are frequently used to provide reliable transmission of messages over noisy channels. In a typical block code, an information message or sequence from an information source 210 at the first (transmitting) wireless communication device 202 is split up into blocks, each block having a length of K bits)) associated with a non-uniform bit distribution (see paragraph [0056], herein A typical encoder structure 300 of Polar codes is depicted in FIG. 3. The Polar code sub-channels are allocated into two subsets, best sub-channels and worst sub-channels, based on the corresponding error probability associated with each sub-channel. The information bits 302 are then put on the best sub-channels while frozen bits 304 (with zero values) are put on the worst sub-channels. A bit-reversal permutation 306 is used to provide the output bits of the decoder in a desired sequence, and Fig. 3); apply a systematic polar code to the first plurality of bits to generate a systematic polar codeword based at least in part on the systematic polar code configuration, the systematic polar codeword comprising a plurality of parity bits and a plurality of systematic bits (see paragraph [0048], herein an encoder 212 mathematically adds redundancy to the information message, resulting in codewords having a length of N, where N>K. Here, the code rate R is the ratio between the message length and the block length (i.e., R=K/N)); and transmit at least the plurality of parity bits of the systematic polar codeword (see paragraph [0048], herein Exploitation of this redundancy in the encoded information message is a key to reliably receiving the transmitted message at the second (receiving) wireless communication device 204). Xu does not explicitly teach wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit. However, Iscan in the same the field of endeavor teaches wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit (see paragraph [0010], herein an example of the resulting probability distribution is given in FIG. 5. It can be observed that symbols near origin (which have low energy) have a higher probability than the symbols that are away from the origin (which have a high energy), and paragraphs [0016], [0027], and Figs. 5 & 8). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Xu with the teachings of Iscan by including the first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit. This modification would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, because one of ordinary skill in the art would have recognized the first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit would have improved apparatus and method for encoding an input message into symbols (see paragraph [0015] of Iscan). As per claim 2: Xu teaches that wherein, to transmit at least the first plurality of bits, the one or more processors are individually or collectively operable to execute the code to cause the first wireless device to: transmit the systematic polar codeword comprising the plurality of parity bits and the plurality of systematic bits (see paragraph [0048], herein An encoder 212 mathematically adds redundancy to the information message, resulting in codewords having a length of N, where N>K. Here, the code rate R is the ratio between the message length and the block length (i.e., R=K/N)). As per claim 3: Xu teaches that wherein the systematic polar code configuration further indicates for the first wireless device to puncture a first subset of the plurality of systematic bits of the systematic polar codeword, and the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: puncture the first subset of the plurality of systematic bits from the systematic polar codeword based at least in part on the systematic polar code configuration, wherein the plurality of parity bits and a second subset of the plurality of systematic bits of the systematic polar codeword are transmitted based at least in part on the first subset of the plurality of systematic bits being punctured from the systematic polar codeword (see paragraph [0072], herein Systematic Polar encoding 904 of these bits creates a so-called mother code 906 that includes a block denoted as D (encoded data) and a block denoted as P 908 (encoded parity check bits). Thus, the mother code 906 is a systematic Polar code in this example. Coding and CRC 908 are then applied to provide a set of bits for a first transmission 910. Based on the selected coding rate, some of the bits of the mother code 906 are punctured. The resulting first transmission 910 thus corresponds to the first transmission (1TX) described in FIG. 8). As per claim 4: Xu teaches that wherein the systematic polar code configuration indicates for the first wireless device to puncture all of the plurality of systematic bits, and wherein the plurality of parity bits are transmitted based at least in part on the plurality of systematic bits being punctured from the systematic polar codeword in accordance with the systematic polar code configuration (see paragraph [0072], herein Systematic Polar encoding 904 of these bits creates a so-called mother code 906 that includes a block denoted as D (encoded data) and a block denoted as P 908 (encoded parity check bits). Thus, the mother code 906 is a systematic Polar code in this example. Coding and CRC 908 are then applied to provide a set of bits for a first transmission 910. Based on the selected coding rate, some of the bits of the mother code 906 are punctured. The resulting first transmission 910 thus corresponds to the first transmission (1TX) described in FIG. 8). As per claim 8: Xu teaches that wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: communicate a second control signal indicating the non-uniform bit distribution associated with the first plurality of bits (see paragraph [0048], herein Block codes or error correcting codes are frequently used to provide reliable transmission of messages over noisy channels, and Figs. 2&3). As per claim 9: Xu teaches or discloses a second wireless device (see Fig. 2, a second wireless communication device 204), comprising: one or more memories storing processor-executable code (see paragraph [0009], herein a non-transitory computer-readable medium storing computer-executable code); and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the second wireless device to (see paragraph [0006], herein the disclosure provides an apparatus configured for communication that includes a memory and a processor coupled to the memory, and paragraph [0087], herein programming stored by the storage medium 1004, when executed by the processing circuit 1010, causes the processing circuit 1010 to perform one or more of the various functions and/or process operations described herein): communicate, with a first wireless device, a control signal indicating a systematic polar code configuration (see paragraph [0047], herein the first wireless communication device 202 transmits a message over a communication channel 206 (e.g., a wireless channel) to the second wireless communication device 204), the systematic polar code configuration indicating for the first wireless device to perform systematic polar encoding on a first plurality of bits (see paragraph [0048], herein Block codes or error correcting codes are frequently used to provide reliable transmission of messages over noisy channels. In a typical block code, an information message or sequence from an information source 210 at the first (transmitting) wireless communication device 202 is split up into blocks, each block having a length of K bits)) associated with a non-uniform bit distribution (see paragraph [0056], herein A typical encoder structure 300 of Polar codes is depicted in FIG. 3. The Polar code sub-channels are allocated into two subsets, best sub-channels and worst sub-channels, based on the corresponding error probability associated with each sub-channel. The information bits 302 are then put on the best sub-channels while frozen bits 304 (with zero values) are put on the worst sub-channels. A bit-reversal permutation 306 is used to provide the output bits of the decoder in a desired sequence, and Fig. 3); receive at least a plurality of parity bits of a systematic polar codeword, wherein the plurality of parity bits are based at least in part on the first plurality of bits (see paragraph [0048], herein Exploitation of this redundancy in the encoded information message is a key to reliably receiving the transmitted message at the second (receiving) wireless communication device 204) associated with the non-uniform bit distribution (see paragraph [0056], herein A typical encoder structure 300 of Polar codes is depicted in FIG. 3. The Polar code sub-channels are allocated into two subsets, best sub-channels and worst sub-channels, based on the corresponding error probability associated with each sub-channel. The information bits 302 are then put on the best sub-channels while frozen bits 304 (with zero values) are put on the worst sub-channels. A bit-reversal permutation 306 is used to provide the output bits of the decoder in a desired sequence, and Fig. 3); and decode the plurality of parity bits to identify the first plurality of bits of the systematic polar codeword (see paragraph [0048. Herein a decoder 214 at the second (receiving) wireless communication device 204 can take advantage of the redundancy to reliably recover the information message provided to an information sink 216 even though bit errors may occur, in part, due to the addition of the noise 208 in the channel 206). Xu does not explicitly teach wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit. However, Iscan in the same the field of endeavor teaches wherein, in accordance with the non-uniform bit distribution, a first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit (see paragraph [0010], herein an example of the resulting probability distribution is given in FIG. 5. It can be observed that symbols near origin (which have low energy) have a higher probability than the symbols that are away from the origin (which have a high energy), and paragraphs [0016], [0027], and Figs. 5 & 8). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Xu with the teachings of Iscan by including the first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit. This modification would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, because one of ordinary skill in the art would have recognized the first value of a bit of the first plurality of bits is associated with a higher probability of occurrence than a second value of the bit would have improved apparatus and method for encoding an input message into symbols (see paragraph [0015] of Iscan). As per claim 10: Xu teaches that wherein decoding the systematic polar codeword is based at least in part on a first log likelihood ratio associated with the plurality of parity bits and a second log likelihood ratio associated with at least a first subset of a plurality of systematic bits, the at least first subset of the plurality of systematic bits based at least in part on the systematic polar code configuration (see paragraph [0070], herein Because a systematic code is generated in both the first transmission and the second transmission, the decoder 700 can use soft-combining 722 of the log-likelihood ratio (LLR) of the bits in block B of both the first transmission (block B 704) and the second transmission (block B 704′). The decoder 700 uses SCL decoding 714 to decode the combined received signal for the second transmission (after the soft-combining)). As per claim 11: Xu teaches that wherein the first log likelihood ratio associated with the plurality of parity bits is based at least in part on a channel log likelihood ratio of a channel used to receive the systematic polar codeword (see paragraph [0070], herein Because a systematic code is generated in both the first transmission and the second transmission, the decoder 700 can use soft-combining 722 of the log-likelihood ratio (LLR) of the bits in block B of both the first transmission (block B 704) and the second transmission (block B 704′). The decoder 700 uses SCL decoding 714 to decode the combined received signal for the second transmission (after the soft-combining)). As per claim 12: Xu teaches that wherein, to receive at least the first plurality of bits, the one or more processors are individually or collectively operable to execute the code to cause the second wireless device to: receive the systematic polar codeword comprising the plurality of parity bits and a plurality of systematic bits (see paragraph [0048], herein An encoder 212 mathematically adds redundancy to the information message, resulting in codewords having a length of N, where N>K. Here, the code rate R is the ratio between the message length and the block length (i.e., R=K/N)). As per claim 13: Xu teaches that wherein, to decode the systematic polar codeword, the one or more processors are individually or collectively operable to execute the code to cause the second wireless device to: decode the systematic polar codeword to identify the first plurality of bits based at least in part on a first log likelihood ratio associated with the plurality of parity bits and a second log likelihood ratio associated with the plurality of systematic bits (see paragraph [0070], herein the decoder 700 can use soft-combining 722 of the log-likelihood ratio (LLR) of the bits in block B of both the first transmission (block B 704) and the second transmission (block B 704′). The decoder 700 uses SCL decoding 714 to decode the combined received signal for the second transmission (after the soft-combining)). As per claim 14: Xu teaches that wherein the systematic polar code configuration further indicates for the first wireless device to puncture a plurality of systematic bits, wherein the plurality of systematic bits are based at least in part on the systematic polar code configuration, and wherein decoding the systematic polar codeword is based at least in part on a first log likelihood ratio associated with the plurality of parity bits and a second log likelihood ratio associated with the plurality of systematic bits (see paragraph [0070], herein the decoder 700 can use soft-combining 722 of the log-likelihood ratio (LLR) of the bits in block B of both the first transmission (block B 704) and the second transmission (block B 704′). The decoder 700 uses SCL decoding 714 to decode the combined received signal for the second transmission (after the soft-combining)). As per claim 19: Xu teaches that wherein the one or more processors are individually or collectively further operable to execute the code to cause the second wireless device to: communicate a second control signal indicating the non-uniform bit distribution associated with the first plurality of bits (see paragraph [0048], herein Block codes or error correcting codes are frequently used to provide reliable transmission of messages over noisy channels, and Figs. 2&3). 8. Claims 5-7 and 15-18 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Xu et al. (US 2020/0021309 A1) "herein after as Xu" in view of Iscan et al. (US 2022/0263694 A1) "herein after as Iscan” in further view of Hong et al. (US 2020/0092048 A1) "herein after as Hong." As per claims 5 and 15: Xu-Iscan as combined does not explicitly teach wherein the systematic polar code configuration further indicates for the first wireless device to puncture the first subset of the plurality of systematic bits associated with a first level of non-uniform bit distribution satisfying a threshold level of non-uniform bit distribution, wherein the plurality of parity bits and a second subset of the plurality of systematic bits are transmitted based at least in part on the first subset of the plurality of systematic bits being punctured from the systematic polar codeword in accordance with the systematic polar code configuration, and wherein the second subset of the plurality of systematic bits are associated with a second level of non-uniform bit distribution that does not satisfy the threshold level of non-uniform bit distribution. However, Hong in the same the field of endeavor teaches wherein the systematic polar code configuration further indicates for the first wireless device to puncture the first subset of the plurality of systematic bits associated with a first level of non-uniform bit distribution satisfying a threshold level of non-uniform bit distribution (see paragraph [0108], herein The shortening procedure for polar codes may correspond to excluding some predetermined number N−M of the output coded bits in the transmission. When the code rate is larger than a specific value (for example the same threshold value as used in the puncturing procedure), the shortening procedure may provide a better BLER performance than the puncturing procedure. The input bits with the same index as the index of shortened output bits may be set to zero as frozen bits in the encoding process and the LLR values of punctured bits may be set to infinity in the decoding of the shortened polar code block), wherein the plurality of parity bits and a second subset of the plurality of systematic bits are transmitted based at least in part on the first subset of the plurality of systematic bits being punctured from the systematic polar codeword in accordance with the systematic polar code configuration, and wherein the second subset of the plurality of systematic bits are associated with a second level of non-uniform bit distribution that does not satisfy the threshold level of non-uniform bit distribution (see paragraph [0107], herein The puncturing procedures for polar codes may correspond to excluding some predetermined number N−M of output coded bits in the transmission, for example where M may be the number of bits after ratematching and N>M may be set and/or necessary in case of puncturing. A specific pattern for indexing punctured bits may be defined and the pattern may be shared with shortening and/or repetition based on the structure of a circular buffer. When the code rate is less than a specific threshold value, a puncturing procedure may provide a better BLER performance than a shortening procedure). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the system of Xu-Iscan as combined with the teachings of Hong by puncturing the first subset of the plurality of systematic bits associated with a first level of non-uniform bit distribution satisfying a threshold level of non-uniform bit distribution, wherein the plurality of parity bits and a second subset of the plurality of systematic bits are transmitted based at least in part on the first subset of the plurality of systematic bits being punctured from the systematic polar codeword in accordance with the systematic polar code configuration, and wherein the second subset of the plurality of systematic bits are associated with a second level of non-uniform bit distribution that does not satisfy the threshold level of non-uniform bit distribution. This modification would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, because one of ordinary skill in the art would have recognized the puncture the first subset of the plurality of systematic bits associated with a first level of non-uniform bit distribution satisfying a threshold level of non-uniform bit distribution, wherein the plurality of parity bits and a second subset of the plurality of systematic bits are transmitted based at least in part on the first subset of the plurality of systematic bits being punctured from the systematic polar codeword in accordance with the systematic polar code configuration, and wherein the second subset of the plurality of systematic bits are associated with a second level of non-uniform bit distribution that does not satisfy the threshold level of non-uniform bit distribution would have improved systematic polar code performance. As per claim 6: Hong teaches that wherein the first subset of the plurality of systematic bits are associated with control information (see paragraph [0266], herein n certain representative embodiments, the TN 102/180 may receive from the RN 102/180, an acknowledgment (ACK) or a negative ACK (NACK) associated with the data or the control information). As per claim 7: Hong teaches that wherein the systematic polar code configuration further indicates one or more fields of control information, a type of control information, or both, to puncture, and wherein the first subset of the plurality of systematic bits are associated with the one or more fields, the type of control information, or both (see paragraph [0277], herein the TN 102/180 may receive from a RN 102/180, an acknowledgment (ACK) or a negative ACK (NACK) associated with data or control information of the first transmission. For example, the selecting of the code generating operation may be further based on whether the NACK is a first NACK associated with the data or the control information). As per claim 16: Hong teaches that wherein decoding the systematic polar codeword is based at least in part on a first log likelihood ratio associated with the plurality of parity bits and a second log likelihood ratio associated with the first subset of the plurality of systematic bits (see paragraph [0208], herein The LLR values for a part of the unfrozen bits in the first decoding may be exchanged with the LLR values of unfrozen bits in the second decoding. Exchanging of the LLR values may be done (e.g., completed) for certain iterations (e.g., each iteration and/or each half iteration), for example in a case of belief propagation decoding). As per claim 17: Hong teaches that wherein the first subset of the plurality of systematic bits are associated with control information (see paragraph [0266], herein n certain representative embodiments, the TN 102/180 may receive from the RN 102/180, an acknowledgment (ACK) or a negative ACK (NACK) associated with the data or the control information). As per claim 18: Hong teaches that wherein the systematic polar code configuration further indicates one or more fields of control information, a type of control information, or both, to puncture, and wherein the first subset of the plurality of systematic bits are associated with the one or more fields, the type of control information, or both (see paragraph [0277], herein the TN 102/180 may receive from a RN 102/180, an acknowledgment (ACK) or a negative ACK (NACK) associated with data or control information of the first transmission. For example, the selecting of the code generating operation may be further based on whether the NACK is a first NACK associated with the data or the control information). Examiner Notes 9. When amending the claims, applicants are respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. Prior Art 10. The prior art of record, considered pertinent to the applicant’s disclosure, is listed in the attached PTO-892 form. Conclusion 11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSMAN ALSHACK whose telephone number is (571)272-2069. The examiner can normally be reached on MON-FRI 8:30 AM-5:00 PM EST, also please fax interview request to (571) 273- 2069. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALBERT DECADY can be reached on 5712723819. 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. /OSMAN ALSHACK/ Examiner, Art Unit 2112 /ALBERT DECADY/Supervisory Patent Examiner, Art Unit 2112
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Prosecution Timeline

May 06, 2024
Application Filed
Sep 19, 2025
Non-Final Rejection — §102, §103, §112
Dec 29, 2025
Response Filed
Feb 19, 2026
Final Rejection — §102, §103, §112 (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

3-4
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+14.4%)
2y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 517 resolved cases by this examiner. Grant probability derived from career allow rate.

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