Prosecution Insights
Last updated: April 19, 2026
Application No. 18/681,785

METHODS, DEVICES, AND COMPUTER READABLE MEDIUM FOR COMMUNICATION

Non-Final OA §102§103
Filed
Feb 06, 2024
Examiner
SHIVERS, ASHLEY L
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
527 granted / 607 resolved
+28.8% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
18 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 607 resolved cases

Office Action

§102 §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 . Claim Objections Claims 16-19, 25-28 and 32-34 are objected to because of the following informalities: --In claims 16-19, 25-28 and 32-34, please indicate what HARQ-ACK is. --In claims 17, 26 and 33, please indicate what CC is. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 13-15, 22-24, 29-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (U.S. PGPub 2020/0389873), hereinafter referred to as Liu. Regarding claim 13, Liu discloses a communication method, comprising: receiving, at a terminal device (terminal apparatus; See Fig. 20, #1) and from a network device (base station apparatus; See Fig. 21, #3), control information indicating a number of code block groups (CBGs) (a terminal apparatus receives RRC information indicating a maximum number of CBGs; See [0009]) for a semi-persistent scheduling data channel per periodicity of a semi-persistent scheduling configuration (N.sup.received_CBG.sub.c,0 may indicate the maximum number of CBGs X per transport block indicated by RRC information. Here, the maximum number of CBGs X may be a maximum number of CBGs per transport block for PDSCH transmission for semi-persistent scheduling; See [0312]). Regarding claim 14, Liu further discloses the method of claim 13, wherein receiving the control information comprises: receiving the control information in a radio resource control (RRC) configuration (a terminal apparatus receives RRC information indicating a maximum number of CBGs; See [0009]), and wherein the number of CBGs are common for the semi-persistent scheduling data channel and a dynamic scheduling data channel; or the number of CBGs are configured per semi-persistent scheduling data channel for all semi-persistent scheduling configurations (N.sup.received_CBG.sub.c,0 may indicate the maximum number of CBGs X per transport block indicated by RRC information. Here, the maximum number of CBGs X may be a maximum number of CBGs per transport block for PDSCH transmission for semi-persistent scheduling; See [0312]); or the number of CBGs are configured per semi-persistent scheduling data channel for each semi-persistent scheduling configuration. Regarding claim 15, Liu further discloses the method of claim 13, wherein receiving the control information comprises: receiving the control information in downlink control information (DCI) which comprises a field indicating information associated with the number of CBGs (The information for indicating the transmission of the CBG may be a bitmap given at least based on the number of CBGs N.sub.CBG included in a transport block included in the PDSCH and/or the PUSCH scheduled by the downlink control information including the information for indicating the transmission of the CBG, and/or the number of CBGs (maximum number of CBGs) X included in the transport block; See [0141]). Regarding claim 22, Liu discloses a communication method, comprising: transmitting, at a network device (base station apparatus; See Fig. 21, #3) and to a terminal device (terminal apparatus; See Fig. 20, #1), control information indicating a number of code block groups (CBGs) (a terminal apparatus receives RRC information indicating a maximum number of CBGs; See [0009]) for a semi-persistent scheduling data channel per periodicity of a semi-persistent scheduling configuration (N.sup.received_CBG.sub.c,0 may indicate the maximum number of CBGs X per transport block indicated by RRC information. Here, the maximum number of CBGs X may be a maximum number of CBGs per transport block for PDSCH transmission for semi-persistent scheduling; See [0312]). Regarding claim 23, Liu further discloses the method of claim 22, wherein transmitting the control information comprises: transmitting the control information in a radio resource control (RRC) configuration (a terminal apparatus receives RRC information indicating a maximum number of CBGs; See [0009]), and wherein the number of CBGs are common for the semi-persistent scheduling data channel and a dynamic scheduling data channel; or the number of CBGs are common for the semi-persistent scheduling data channel for all semi-persistent scheduling configurations (N.sup.received_CBG.sub.c,0 may indicate the maximum number of CBGs X per transport block indicated by RRC information. Here, the maximum number of CBGs X may be a maximum number of CBGs per transport block for PDSCH transmission for semi-persistent scheduling; See [0312]); or the number of CBGs are configured per semi-persistent scheduling data channel for each semi-persistent scheduling configuration. Regarding claim 24, Liu further discloses the method of claim 22, wherein transmitting the control information comprises: transmitting the control information in downlink control information (DCI) which comprises a field indicating information associated with the number of CBGs (The information for indicating the transmission of the CBG may be a bitmap given at least based on the number of CBGs N.sub.CBG included in a transport block included in the PDSCH and/or the PUSCH scheduled by the downlink control information including the information for indicating the transmission of the CBG, and/or the number of CBGs (maximum number of CBGs) X included in the transport block; See [0141]). Regarding claim 29, Liu discloses a terminal device (terminal apparatus; See Fig. 20, #1) comprising: a processor (higher layer processing unit; See Fig. 20, #101); and a memory (See [0374]) coupled to the processor and storing instructions thereon, the instructions, when executed by the processor, causing the terminal device to: receive, from a network device, control information indicating a number of code block groups (CBGs) (a terminal apparatus receives RRC information indicating a maximum number of CBGs; See [0009]) for a semi-persistent scheduling data channel per periodicity of a semi-persistent scheduling configuration (N.sup.received_CBG.sub.c,0 may indicate the maximum number of CBGs X per transport block indicated by RRC information. Here, the maximum number of CBGs X may be a maximum number of CBGs per transport block for PDSCH transmission for semi-persistent scheduling; See [0312]). Regarding claim 30, Liu further discloses the terminal device claim 29, wherein receiving the control information comprises: receiving the control information in a radio resource control (RRC) configuration (a terminal apparatus receives RRC information indicating a maximum number of CBGs; See [0009]), and wherein the number of CBGs are common for the semi-persistent scheduling data channel and a dynamic scheduling data channel; or the number of CBGs are common for the semi-persistent scheduling data channel for all semi-persistent scheduling configurations (N.sup.received_CBG.sub.c,0 may indicate the maximum number of CBGs X per transport block indicated by RRC information. Here, the maximum number of CBGs X may be a maximum number of CBGs per transport block for PDSCH transmission for semi-persistent scheduling; See [0312]); or the number of CBGs are configured per semi-persistent scheduling data channel for each semi-persistent scheduling configuration. Regarding claim 31, Liu further discloses the terminal device claim 29, wherein receiving the control information comprises: receiving the control information in downlink control information (DCI) which comprises a field indicating information associated with the number of CBGs (The information for indicating the transmission of the CBG may be a bitmap given at least based on the number of CBGs N.sub.CBG included in a transport block included in the PDSCH and/or the PUSCH scheduled by the downlink control information including the information for indicating the transmission of the CBG, and/or the number of CBGs (maximum number of CBGs) X included in the transport block; See [0141]). 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 16, 25 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claims 13, 22 and 29 above, and further in view of Matsumura et al. (U.S. PGPub 2024/0064768), hereinafter referred to as Matsumura. Regarding claim 16, Liu further teaches the method of claim 13, wherein the semi-persistent scheduling data channel is a semi-persistent scheduling physical downlink shared channel (SPS PDSCH) (PDSCH transmission for semi-persistent scheduling), but fails to teach and wherein the method comprises: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), constructing a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH. Matsumura teaches wherein the method comprises: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), constructing a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH (In the case that an HARQ-ACK feedback for one or more SPS PDSCH receptions without a corresponding PCCCH is multiplexed with an HARQ-ACK feedback for at least one of a dynamically scheduled PDSCH and a SPS PDSCH release, HARQ-ACK bits for one or more SPS PDSCH receptions without a corresponding PCCCH are appended after HARQ-ACK bits for at least one of the dynamically scheduled PDSCH and the SPS PDSCH release; See [0150]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu to include wherein the method comprises: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), constructing a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH taught by Matsumura in order to optimize communication. Regarding claim 25, Liu further teaches the method of claim 22, wherein the semi-persistent scheduling data channel is a semi-persistent scheduling physical downlink shared channel (SPS PDSCH) (PDSCH transmission for semi-persistent scheduling), but fails to teach wherein the method comprises: receiving, from the terminal device, a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and dynamic scheduled PDSCH (DG PDSCH). Matsumura teaches wherein the method comprises: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), constructing a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH (In the case that an HARQ-ACK feedback for one or more SPS PDSCH receptions without a corresponding PCCCH is multiplexed with an HARQ-ACK feedback for at least one of a dynamically scheduled PDSCH and a SPS PDSCH release, HARQ-ACK bits for one or more SPS PDSCH receptions without a corresponding PCCCH are appended after HARQ-ACK bits for at least one of the dynamically scheduled PDSCH and the SPS PDSCH release; See [0150]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu to include wherein the method comprises: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), constructing a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH taught by Matsumura in order to optimize communication. Regarding claim 32, Liu further teaches the terminal device claim 29, wherein the semi-persistent scheduling data channel is a semi-persistent scheduling physical downlink shared channel (SPS PDSCH) (PDSCH transmission for semi-persistent scheduling), but fails to teach wherein the terminal device is further caused to: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), construct a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH. Matsumura teaches wherein the terminal device is further caused to: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), construct a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH (In the case that an HARQ-ACK feedback for one or more SPS PDSCH receptions without a corresponding PCCCH is multiplexed with an HARQ-ACK feedback for at least one of a dynamically scheduled PDSCH and a SPS PDSCH release, HARQ-ACK bits for one or more SPS PDSCH receptions without a corresponding PCCCH are appended after HARQ-ACK bits for at least one of the dynamically scheduled PDSCH and the SPS PDSCH release; See [0150]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Liu to include wherein the terminal device is further caused to: in accordance with a determination that HARQ-ACK for the SPS PDSCH is multiplexed with HARQ-ACK for dynamic scheduled PDSCH (DG PDSCH), construct a HARQ-ACK codebook comprising HARQ-ACK positions for the SPS PDSCH and DG PDSCH taught by Matsumura in order to optimize communication. Allowable Subject Matter Claims 17-18, 26-27 and 33-34 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 prior art of Gao et al. (U.S. PGPub 2022/0399978) teaches In n+2: if a HARQ-ACK of a PDSCH with corresponding PDCCH (referred to as dynamic HARQ-ACK) overlaps with PUCCH resource 1, the HARQ-ACK of the SPS PDSCH in slot n is multiplexed with the dynamic HARQ-ACK and transmitted. Specifically, a PUCCH resource set is determined based on a total number of bits of HARQ-ACK of the SPS PDSCH and dynamic HARQ-ACK in slot n, a PUCCH resource is selected in the determined PUCCH resource set based on PUCCH resource indication field in the PDCCH, the HARQ-ACK of the SPS PDSCH in slot n and dynamic HARQ-ACK are transmitted on the determined PUCCH resource (See [0176]). The prior art of Gerami et al. (U.S. PGPub 2023/0239077) teaches If the UE is configured with more than one SPS PDSCH configurations, and for type-1 HARQ-ACK codebook construction, For cases where HARQ-ACK feedback for one or more SPS PDSCH receptions without a corresponding PDCCH is multiplexed with HARQ-ACK feedback for dynamic scheduled PDSCH and/or for SPS PDSCH release, or, For cases where HARQ-ACK feedback for SPS PDSCH release is multiplexed with HARQ-ACK feedback for dynamic scheduled PDSCH, or, For cases where only HARQ-ACK feedback for SPS PDSCH release shall be reported, HARQ-ACK bit location for SPS PDSCH reception is derived by reusing Rel-15 mechanism (i.e., based on the TDRA table row index and K1 indicated in the activation DCI), HARQ-ACK bit location for SPS PDSCH release with a separate release DCI is derived by reusing Rel-15 mechanism (i.e., based on the TDRA table row index indicated in the activation DCI and K1 indicated in the release DCI), HARQ-ACK bit location for SPS PDSCH release with a joint release DCI is derived based on the TDRA table row index indicated in the activation DCI for SPS PDSCH with the lowest SPS configuration index among the jointly released configurations and K1 indicated in the release DCI (See [0035]-[0041]) Claim 17 appears to be novel and inventive because prior art fails to show or teach the method of claim 16, wherein the number of HARQ-ACK positions in a CC configured with CBG based transmission is determined based on a larger one between the number of CBGs for the SPS PDSCH and the number of CBGs for the DG PDSCH. Claim 18 appears to be novel and inventive because prior art fails to show or teach the method of claim 16, wherein the number of HARQ-ACK positions for the SPS PDSCH without physical downlink control channel (PDCCH) is determined based on the number of CBGs for the SPS PDSCH, and wherein the number of HARQ-ACK positions for the SPS PDSCH with the PDCCH is determined based on the number of CBGs for the DG PDSCH. Claim 19 appears to be novel and inventive because prior art fails to show or teach the method of claim 16, wherein the HARQ-ACK codebook comprises a HARQ-ACK position for PDCCH activating the SPS PDSCH; wherein the number of HARQ-ACK positions for the SPS PDSCH with the PDCCH is determined based on a decoding result of the PDCCH and the number of CBGs for the SPS PDSCH; and wherein the number of HARQ-ACK positions for the SPS PDSCH without PDCCH is determined based on the number of CBGs for the SPS PDSCH. Claims 27 and 34 appear to be novel and inventive for reasons similar to claim 18 above. Claim 28 appears to be novel and inventive for reasons similar to claim 19 above. Claims 26 and 33 appear to be novel and inventive for reasons similar to claim 17 above. Conclusion Any response to this action should be mailed to: Commissioner for Patents, P.O. Box 1450 Alexandria, VA 22313-1450 Hand delivered responses should be brought to: Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22314 Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY L SHIVERS whose telephone number is (571)270-3523. The examiner can normally be reached Monday-Friday 9:00am-5:00pm. 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, Chirag Shah can be reached at 571-272-3144. 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. /ASHLEY SHIVERS/Primary Examiner, Art Unit 2477 3/7/2026
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
Mar 07, 2026
Non-Final Rejection — §102, §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
87%
Grant Probability
99%
With Interview (+14.7%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 607 resolved cases by this examiner. Grant probability derived from career allow rate.

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