Prosecution Insights
Last updated: May 29, 2026
Application No. 18/687,031

LINK ADAPTATION

Non-Final OA §102§103§112
Filed
Feb 27, 2024
Priority
Aug 27, 2021 — nonprovisional of PCTEP2021073716
Examiner
RAHMAN, M MOSTAZIR
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
Nokia Solutions and Networks Oy
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
216 granted / 315 resolved
+10.6% vs TC avg
Strong +40% interview lift
Without
With
+40.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
19 currently pending
Career history
370
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
91.0%
+51.0% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 315 resolved cases

Office Action

§102 §103 §112
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 . Preliminary Amendment Preliminary Amendment that was filed on 02/27/2024 is entered. Information Disclosure Statement The information disclosure statements (IDS) submitted on 02/27/2024 IDS Considered have been placed in record and considered by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-10, 12-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 1, which draws to (all emphases below added by examiner) …… “identifying, for each transmitting channel, one or more modulation and coding schemes for which the predicted metric meets a target error rate criterion, wherein each modulation and coding scheme comprises a modulation order and a code rate of a channel code ….”. This part of the claim has indefiniteness issues: regarding “the predicted metric” (line 11) above, it appears to have inadequate antecedent basis, as it’s unclear where it refers back to “a predicted metric” . Under Broadest Reasonable Interpretation (BRI) and in the context of the whole claim, the examiner believes Line 11 refers should read as “a predicted metric”. For examining purpose, the examiner will interpret as best underwood by the examiner. Regarding claim 12, which draws to (all emphases below added by examiner) …… “identifying, for each transmitting channel, one or more modulation and coding schemes for which the predicted metric meets a target error rate criterion, wherein each modulation and coding scheme comprises a modulation order and a code rate of a channel code ….”. This part of the claim has indefiniteness issues: regarding “the predicted metric” (line 8) above, it appears to have inadequate antecedent basis, as it’s unclear where it refers back to “a predicted metric” . Under Broadest Reasonable Interpretation (BRI) and in the context of the whole claim, the examiner believes Line 8 refers should read as “a predicted metric”. For examining purpose, the examiner will interpret as best underwood by the examiner. Regarding claim 15, which draws to (all emphases below added by examiner) …… “identifying, for each transmitting channel, one or more modulation and coding schemes for which the predicted metric meets a target error rate criterion, wherein each modulation and coding scheme comprises a modulation order and a code rate of a channel code ….”. This part of the claim has indefiniteness issues: (1) regarding “the predicted metric” (line 11) above, it appears to have inadequate antecedent basis, as it’s unclear where it refers back to “a predicted metric” . Under Broadest Reasonable Interpretation (BRI) and in the context of the whole claim, the examiner believes Line 11 refers should read as “a predicted metric”. For examining purpose, the examiner will interpret as best underwood by the examiner. Dependent claims which depend on the above rejected independent claims are also interpreted and rejected for the same reason as set forth for their respective independent claims above. 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 4-10, 12, 14-15 are rejected under 35 U.S.C. 102 (a)(2) ) as being anticipated by are rejected under 35 U.S.C. 103 as being unpatentable over VUHA et al. ( “ “Joint Radio Resource Management and Link Adaptation for Multicasting 802.11ax-Based WLAN Systems”, Vu Nguyen Ha , Member, IEEE, Georges Kaddoum , Senior Member, IEEE, and Gwenael Poitau , Member, IEEE”; IEEE TRANSACTIONS ON WIRELESS COMMUNICATIONS, IEE SERVICE CENTER, PISCATAWAY, NJ, US, Vol 20, no 9, 16 April 2021 (2021-04-06); pages 6122-6138, XP011876822, iSSN: 1536-1276; DOI: 10.1109/TWC. 2021.3072051 [Retrieved on 2021-09-08]) ”; hereinafter as “VUHA”; provided in IDS). Examiner’s note: in what follows, references are drawn to VUHA unless otherwise mentioned. Regarding claim 1, VUHA teaches, An apparatus (== MU-MIMO AP: Section II and abstract ) comprising at least one memory configured to store computer program code and at lest one processor configured to execute the computer program code and cause the apparatus (Aforesaid MU-MIMO AP must have memories and processor with computer program code to function: AP is a MU-MIMO. “AP knows all the information about the users at the begin of the transmission time slot which includes the users’ data and the channel state information (CSI). The channel State Information (CSI) can be estimated by the AP based on the uplink signals from the users”: Section II) to perform: estimating a channel of a multi-user multiple-input-multiple-output mobile communication system (aforesaid MU-MIMO AP estimates channel state information (CSI) using uplink signals from the users : “AP knows all the information about the users at the begin of the transmission time slot which includes the users’ data and the channel state information (CSI). The CSI can be estimated by the AP based on the uplink signals from the users during the channel sounding phase [3]” “ , it decides the channelization, the RU assignment, the precoding vectors, and the MCS selections for MGs/UUs’ transmission. Then, the AP sends a multi-user request-to-send (MU-RTS) frame - an extended trigger frame”: Section II: SYSTEM MODEL, 1st Paragraph, ); determining, based on the estimated channel, a metric for each of a plurality of available modulation orders for each of a plurality of transmitting channels of said communication system (aforesaid MU-MIMO AP assign /determin Resource Users (RUs) to scheduled every user to be served : SECTION II, Page 4, left column, last paragraph,; “ Together with forward error correction (FEC) codes, the specific MCS table for 802.11ax-based WLAN, given in Table II, has been updated [4] . Let cc(m) and rcr(m) be the modulated bits per symbol and the channel coding rate corresponding to MCS index m, and mv be the MCS index selected for the transmission corresponding to UU/MG v.”: ” Section II]; LINK Adaptation: based on MCS equation 3 calculation or determining of throughput (==each of plurality of transmitting channels ) of Users for each MCS: “ the channel coding rate corresponding to MCS index m, and mv be the MCS index selected for the transmission corresponding to UU/MG v.”: [Section II,:B); identifying, for each transmitting channel, one or more modulation and coding schemes for which the predicted metric meets a target error rate criterion, wherein each modulation and coding scheme comprises a modulation order and a code rate of a channel code (see TABLE II, MCS Table shows MCS Index with Coding Rate and bits rating; ; “ With forward error correction (FEC)(==predicted metrics)) MCS table updated : SECTION II, LINK Adaptation; See equation 3 where FEC along with block error rate (BLER ) is used to calculate throughput of transmission channel to the user; [SECTION II; LINK ADAPTATION ]; For MCS Index M, calculate or identify transmission channel throughput for each user x using MCS Index M value is calculated using equation 3 which request Block Error Rate (BLER) corresponding to data transmission ; Section II, LINK Adaptation ]); and selecting a modulation and coding scheme for each of said transmitting channels from said identified modulation and coding schemes (See TABLE II, Selecting MCS Index for transmitting channels with Identified Modulation and Coding Schemes; “”: Section II, D : Join Link Adaptation and Resource Allocation : “ jointly optimizing the channelization, RU assignment, precoding vector design, and MCS selection for all UUs/MGs in 802.11ax-based WLAN supporting coexisting unicast and multicast users to maximize the network throughput under a constraint on the AP transmit power budge”: [Section II, D]; “ MCS selection solutions of the JRRMLA problem while the beamforming solution corresponding to user x over tone t of RU(_, i) can be estimated as” using Equation 23 : [Section III; last few lines above Equation 23). Regarding claim 4, VUHA teaches, The apparatus as claimed in claim 1, wherein said one or more modulation and coding schemes are identified using a lookup table (See TABLE II; MCS with different value along with Index Number, Type of Modulation, Bits/Symbol , Coding Rate, etc in lookup table : {SECTION II]). Regarding claim 5, VUHA teaches, The apparatus as claimed in claim 1, wherein the modulation and coding schemes are selected jointly for said transmitting channels ( “ MCS selection jointly for IEEE 802.11ax-based WLANs”:[abstract]; “ jointly optimizing the channelization, RU assignment, precoding vector design, and MCS selection for all UUs/MGs in 802.11ax-based WLAN supporting coexisting unicast and multicast users to maximize the network throughput under a constraint on the AP transmit power budge”: SECTION II: D]). Regarding claim 6, VUHA teaches, The apparatus as claimed in claim 1, wherein the modulation and coding schemes are selected based on an optimization of spectral efficiency across the transmitting channels “ jointly optimizing the channelization, RU assignment, precoding vector design, and MCS selection for all UUs/MGs in 802.11ax-based WLAN supporting coexisting unicast and multicast users to maximize the network throughput under a constraint on the AP transmit power budge”: SECTION II: D]). Regarding claim 7, VUHA teaches, The apparatus as claimed in claim 1, wherein said available modulation orders comprise all modulation orders of a communications standard being implemented by the communication system (See TABLE II, All modulation are IEEE WiFI 802.11AX Standard). Regarding claim 8, VUHA teaches, -wherein the transmitting channels relate to transmitter user devices of the communication system (“MCS selection for all UUs/MGs in 802.11ax-based WLAN supporting coexisting unicast and multicast users to maximize the network throughput under a constraint on the AP transmit power budget”: SECTION II: D). Regarding claim 9, VUHA teaches, wherein the target error rate criterion comprises a codeword error rate criterion or a block error rate criterion (TABLE II: Also “BLER (mv, γx ) is the block error rate (BLER) corresponding to the data transmission with packet length Lv for given MCS index mv and SNR γx .” i.”: Section II: B). Regarding claim 10, VUHA teaches, wherein the multi-user multiple-input-multiple-output mobile communication system comprises a non-linear detector (nonlinear curve for every MCS: SECTION VI; “allocation, beamforming design, and MCS selection jointly for IEEE 802.11ax-based WLANs. In this paper, this technical requirement is formulated as a mixed-integer non-linear programming problem maximizing the total system throughput for the WLANs consisting of unicast users with multicast groups ”: [abstract]). Regarding claim 12, VUHA teaches, A method (AP is a MU-MIMO. “AP knows all the information about the users at the begin of the transmission time slot which includes the users’ data and the channel state information (CSI). The channel State Information (CSI) can be estimated by the AP based on the uplink signals from the users”: Section II) comprising: estimating a channel of a multi-user multiple-input-multiple-output mobile communication system aforesaid MU-MIMO AP estimates channel state information (CSI) using uplink signals from the users : Section II); determining, based on the estimated channel, a metric for each of a plurality of available modulation orders for each of a plurality of transmitting channels of said communication system ( “After having the right to access the channel, AP (==MU-MIMO AP) decides the channelization, the RU assignment, the precoding vectors, and the MCS selections for MGs/UUs’ transmission. Then, the AP sends a multi-user request-to-send (MU-RTS) frame - an extended trigger frame - which consists of an RU assignment map and per-user content fields indicating the assigned RU index (==a metric), the selected modulation and coding rate to the users [3],”:[ Section II]; “ After having the right to access the channel, it decides the channelization, the RU assignment, the precoding vectors, and the MCS selections for MGs/UUs’ transmission. Then, the AP sends a multi-user request-to-send (MU-RTS) frame - an extended trigger frame - which consists of an RU assignment map and per-user content fields indicating the assigned RU index, the selected modulation and coding rate to the users [3],”[Section II]; : LINK Adaptation: equation 3 calculation or determining of throughput (==each of plurality of transmitting channels ) of Users for each MCS: “ the channel coding rate corresponding to MCS index m, and mv be the MCS index selected for the transmission corresponding to UU/MG v.”: [Section II: :B); identifying, for each transmitting channel, one or more modulation and coding schemes for which the predicted metric meets a target error rate criterion, wherein each modulation and coding scheme comprises a modulation order and a code rate of a channel code (see TABLE II, MCS Table Employed in WiFi 802.11AX systems; “ Together with forward error correction (FEC) codes, the specific MCS table for 802.11ax-based WLAN, given in Table II, has been updated [4]. Let cc(m) and rcr(m) be the modulated bits per symbol and the channel coding rate corresponding to MCS index m, and mv be the MCS index selected for the transmission corresponding to UU/MG v. ”: [Section II]); and selecting a modulation and coding scheme for each of said transmitting channels from said identified modulation and coding schemes (See TABLE II, Selecting MCS Index for transmitting channels with Identified Modulation and Coding Schemes; “”: Section II, D : Join Link0Adaptation and Resource Allocation : “ jointly optimizing the channelization, RU assignment, precoding vector design, and MCS selection for all UUs/MGs in 802.11ax-based WLAN supporting coexisting unicast and multicast users to maximize the network throughput under a constraint on the AP transmit power budge”: [Section II, D]; “ MCS selection solutions of the JRRMLA problem while the beamforming solution corresponding to user x over tone t of RU(_, i) can be estimated as” using Equation 23 : [Section III; last few lines above Equation 23). Regarding claim 14, VUHA teaches, The method as claimed in claim 12, wherein: wherein: the modulation and coding schemes are selected jointly for said transmitting channels ( “ MCS selection jointly for IEEE 802.11ax-based WLANs”:[abstract]; “ jointly optimizing the channelization, RU assignment, precoding vector design, and MCS selection for all UUs/MGs in 802.11ax-based WLAN supporting coexisting unicast and multicast users to maximize the network throughput under a constraint on the AP transmit power budge”: SECTION II: D]); and/or the modulation and coding schemes are selected based on an optimization of spectral efficiency across the transmitting channels (“ jointly optimizing the channelization, RU assignment, precoding vector design, and MCS selection for all UUs/MGs in 802.11ax-based WLAN supporting coexisting unicast and multicast users to maximize the network throughput under a constraint on the AP transmit power budge”: SECTION II: D]). Regarding claim 15, VUHA teaches, A non -transitory computer-readable medium storing computer program code, which when executed by a processor, cause an apparatus including the processor to perform: estimating a channel of a multi-user multiple-input-multiple-output mobile communication system; determining, based on the estimated channel, a metric for each of a plurality of available modulation orders for each of a plurality of transmitting channels of said communication system; identifying, for each transmitting channel, one or more modulation and coding schemes for which the predicted metric meets a target error rate criterion, wherein each modulation and coding scheme comprises a modulation order and a code rate of a channel code; and selecting a modulation and coding scheme for each of said transmitting channels from said identified modulation and coding schemes (Regarding claim 15, the claim is interpreted and rejected for the same reason as set forth in claim 1). 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 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 2-3, 13 are rejected under 35 U.S.C. 103 as being unpatentable over VUHA et al. ( “ “Joint Radio Resource Management and Link Adaptation for Multicasting 802.11ax-Based WLAN Systems”, Vu Nguyen Ha , Member, IEEE, Georges Kaddoum , Senior Member, IEEE, and Gwenael Poitau , Member, IEEE”; IEEE TRANSACTIONS ON WIRELESS COMMUNICATIONS, IEE SERVICE CENTER, PISCATAWAY, NJ, US, Vol 20, no 9, 16 April 2021 (2021-04-06); pages 6122-6138, XP011876822, iSSN: 1536-1276; DOI: 10.1109/TWC. 2021.3072051 [Retrieved on 2021-09-08]) ”; hereinafter as “VUHA”; provided in IDS) in view of GOUTAY et al. (TIte: “Machine ·Learning for MLJ-MIMO Receive Processing in (OFDM Systems, IEEE: JOURNAL ON SELECTED AREAS IN COMMUNICATIONS, IEEE SERVICE CENTER, PISCATAWAY, US, Vol. 39, No. 8, 18, June 2021 (2021-06-08), Pages 2318-2342, XP011866776, ISSN: 0733-8716, DOI: 10.1109/JSAC. 2021.3087224 [Retrieved on 2-21-07-14]; hereinafter as “GOUTAY”, provided in IDS). Regarding claim 2, VUHA teaches the invention of claim 1 as set forth above. Further, VUHA does not expressively teaches, The apparatus as claimed in claim 1, wherein said metrics comprise bit metric decoding rates or metrics having a one-to-one relationship with bit-metric decoding rates. GOUTAY, in the same field of endeavor, discloses: The apparatus as claimed in claim 1, wherein said metrics comprise bit metric decoding rates or metrics having a one-to-one relationship with bit-metric decoding rates ( MU-MIMO with Machine learning (ML): [abstract]; See Equation 25 where maximum information rate/ channel rate can be achieved assuming an idea bit-metric decoding : SECITON A: Last Paragraphs.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of VUHA to include the above recited limitations as taught by GOUTAY. The suggestion/motivation would be to improve BER performance : (GOUTAY; [Section A: Last Paragraph]). Regarding claim 3, VUHA teaches the invention of claim 1 as set forth above. Further, VUHA does not expressively teaches, The apparatus as claimed in claim 1, wherein the metrics are determined using a machine learning model. GOUTAY, in the same field of endeavor, discloses: The apparatus as claimed in claim 1, wherein the metrics are determined using a machine learning model (Section B: ML-Enchanted Channel Estimate ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of VUHA to include the above recited limitations as taught by GOUTAY. The suggestion/motivation would be to improve BER performance : (GOUTAY; [Section A: Last Paragraph]). Regarding claim 13, the invention of claim 12 as set forth above. Further, VUHA does not expressively teaches, the method as claimed in claim 12, wherein: the metrics are determined using a machine learning model; and/or said one or more modulation and coding schemes are identified using a lookup table GOUTAY, in the same field of endeavor, discloses: The method as claimed in claim 12, wherein: the metrics are determined using a machine learning model table (Section B: ML-Enchanted Channel Estimate ) and/or said one or more modulation and coding schemes are identified using a lookup table ( NOTE: THIs is an OR function and does not needs to be addressed) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of VUHA to include the above recited limitations as taught by GOUTAY. The suggestion/motivation would be to improve BER performance : (GOUTAY; [Section A: Last Paragraph]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to M MOSTAZIR RAHMAN whose telephone number is (571)272-4785. The examiner can normally be reached 8:30am-5:00pm PST. 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, Derrick Ferris can be reached at 571-272-3123. 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. /M Mostazir Rahman/Examiner, Art Unit 2411 /BRANDON M RENNER/Primary Examiner, Art Unit 2411
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Prosecution Timeline

Feb 27, 2024
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+40.5%)
3y 6m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 315 resolved cases by this examiner. Grant probability derived from career allowance rate.

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