Prosecution Insights
Last updated: October 01, 2026
Application No. 18/752,631

RECEPTION AND TRANSMISSION IN NEW RADIO (NR) BASED ON SUBCARRIER SPACING

Non-Final OA §102§103
Filed
Jun 24, 2024
Priority
Oct 08, 2020 — nonprovisional of PCTCN2020119867 +1 more
Examiner
HAILU, KIBROM T
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
703 granted / 876 resolved
+22.3% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
27 currently pending
Career history
906
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
19.7%
-20.3% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 876 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 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 1, 4, 14, 16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2019/0215790 A1). Regarding claim 1, Kim disclose a method comprising: determining a timing associated with a hybrid automatic repeat request (HARQ) transmission on a physical uplink channel for a data reception on a physical downlink channel (e.g. paragraph [0082]-[0083], illustrating the determining the scheduling of slots associated with ACK/NACK or HARQ transmission on uplink for data or PDSCH); determining a first number of symbols associated with a time to process the data reception, the first number of symbols determined based on a first subcarrier spacing of the physical downlink channel (figs. 22-29; paragraph [0124]-[0130]; [0158]-[0182]; and so on, explaining determining symbols according to 120 KHz subcarrier spacing), the first subcarrier spacing being larger than a second subcarrier spacing by a factor, the second subcarrier spacing being 120 KHz and associated with a second number of symbols, the first number of symbols being larger than the second number of symbols by the factor (figs. 22-29; paragraph [0158]-[0182]; and etc., describing 240 KHz subcarrier spacing is greater than 120KHz subcarrier spacing, and the number of symbols associated with the 240 KHz subcarrier spacing is larger than the number of symbols associated with the 120 KHz subcarrier spacing by factor 2); determining, based on the timing and the first number of symbols, a physical uplink resource of the physical uplink channel for the HARQ transmission (paragraph [0083]; [0050]-[0051], the uplink resources for HARQ or ACK/NACK is determined according to the time or slot and the number of symbols related to the 120 KHz subcarrier spacing); and causing the HARQ transmission using the physical uplink resource (e.g. paragraph [0051]; [0082]-[0083], illustrating the transmission of ACK/NACK or HARQ to the base station form wireless device). Regarding claim 4, Kim discloses wherein the first number of symbols is linearly valued from the second number of symbols correspondingly to the first subcarrier spacing being linearly value from the second subcarrier spacing (figs. 22-29). Regarding claim 14, a base station (3300) comprising: one or more processors (3310); and one or more memories (3320) storing instructions that, upon execution by the one or more processors, configure the base station to: send, to a user equipment (UE), information indicating a timing associated with a hybrid automatic repeat request (HARQ) transmission on a physical uplink channel for a data reception on a physical downlink channel (e.g. paragraph [0082]-[0083]; [0038]); send, to the UE, data on the physical downlink channel (paragraph [0048]-[0050]; [0061]-[0062]; [0082]-[0085]; and so on); and receive, from the UE, the HARQ transmission on a physical uplink resource of the physical uplink channel (paragraph [0051]; [0082]-[0083]), wherein: the HARQ transmission is received after the data is sent based on the timing and a first number of symbols (figs. 4, 22-29; paragraph [0082]-[0083]; and etc.), the first number of symbols is based on a first subcarrier spacing of the physical downlink channel, the first subcarrier spacing is larger than a second subcarrier spacing by a factor, the second subcarrier spacing is 120 KHz and is associated with a second number of symbols, and the first number of symbols is larger than the second number of symbols by the factor (figs. 22-29; paragraph [0158]-[0182]; and etc.). Regarding claim 16, Kim discloses wherein the information is included in downlink control information (DCDI) or a radio resource control (RRC) configuration (paragraph [0038]; [0050]; [0082]; [0044]). Regarding claim 18, the claim includes features identical to the subject matter mentioned in the rejection to claim 1 above. The claim is a mere reformulation of claim 1 in order to define the corresponding apparatus, and the rejection to claim 1 is applied hereto. 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. Claims 2-3, 5-12, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Lei (US 2023/0413285 A1). Regarding claim 2, as applied above, Kim discloses wherein the first subcarrier spacing is larger than the second subcarrier spacing, and wherein the first number of symbols is larger than the second number of symbols. Kim does not explicitly disclose wherein the first subcarrier spacing is four times larger than the second subcarrier spacing, and wherein the first number of symbols is four times larger than the second number of symbols. Lei teaches wherein the first subcarrier spacing is four times larger than the second subcarrier spacing, and wherein the first number of symbols is four times larger than the second number of symbols (paragraphs [0031]; [0034]; [0042]; [0069]; [0071]; [0075]; [0078]-[0079]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the first subcarrier spacing is four times larger than the second subcarrier spacing, and wherein the first number of symbols is four times larger than the second number of symbols as taught by Lei into Kim in order to improve reliability and quality of communication. Regarding claim 3, as applied above, Kim discloses wherein the first subcarrier spacing is larger than the second subcarrier spacing, and wherein the first number of symbols is larger than the second number of symbols. Kim does not explicitly disclose wherein the first subcarrier spacing is eight times larger than the second subcarrier spacing, and wherein the first number of symbols is eight times larger than the second number of symbols. Lei teaches wherein the first subcarrier spacing is eight times larger than the second subcarrier spacing, and wherein the first number of symbols is eight times larger than the second number of symbols (paragraph [0031]-[0032]; [0034]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the first subcarrier spacing is eight times larger than the second subcarrier spacing, and wherein the first number of symbols is eight times larger than the second number of symbols as taught by Lei into Kim in order to improve reliability and quality of communication. Regarding claim 5, Kim discloses wherein the timing is determined based on downlink control information (DCI) (paragraph [0038]; [0050]; [0082]-[0083]). Kim does not explicitly disclose wherein the DCI indicates a timing indicator that is based on the first subcarrier spacing being larger than 120 KHz. Lei teaches wherein the DCI indicates a timing indicator that is based on the first subcarrier spacing being larger than 120 KHz (paragraph [0041]-[0042]; [0078]-[0080]; and etc.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the DCI indicates a timing indicator that is based on the first subcarrier spacing being larger than 120 KHz as taught by Lei into Kim in order to improve reliability and quality of communication. Regarding claim 6-7, as applied above, Kim discloses wherein the timing indicator. However, Kim does not disclose the timing indicator is indicated by “m” bits of the DCI, wherein “m” is based on the first subcarrier spacing being larger than 120 KHz, and wherein “m” is equal to or larger than four. Lei teaches the timing indicator is indicated by “m” bits of the DCI, wherein “m” is based on the first subcarrier spacing being larger than 120 KHz, and wherein “m” is equal to or larger than four (paragraph [0075]; [0079]; and so on). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the timing indicator is indicated by “m” bits of the DCI, wherein “m” is based on the first subcarrier spacing being larger than 120 KHz, and wherein “m” is equal to or larger than four as taught by Lei into Kim in order to reduce interference and congestion. Regarding claim 8-9, Kim discloses wherein the timing indicator has a first value associated with a second value of the first subcarrier spacing, wherein the second value is larger than 120 KHz, and wherein a value of the timing indicator is within a range, wherein the range is based on the first subcarrier spacing being larger than 120 KHz (e.g. figs. 22, 24-25, 29). Regarding claim 10, as applied above, Kim discloses DCI and RRC. Kim does not explicitly disclose wherein the timing is determined based on downlink control information (DCI), wherein the DCI indicates a timing indicator that is associated with a radio resource control (RRC) configuration, and wherein the RRC configuration is based on the first subcarrier spacing being larger than 120 KHz. Lei teaches wherein the timing is determined based on downlink control information (DCI), wherein the DCI indicates a timing indicator that is associated with a radio resource control (RRC) configuration, and wherein the RRC configuration is based on the first subcarrier spacing being larger than 120 KHz (paragraph [0009]-[0011]; [0035]; [0048]; [0061]; [0066]; [0077]; [0079]; and so on). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the timing is determined based on downlink control information (DCI), wherein the DCI indicates a timing indicator that is associated with a radio resource control (RRC) configuration, and wherein the RRC configuration is based on the first subcarrier spacing being larger than 120 KHz as taught by Lei into Kim in order to improve resource utilization. Regarding claim 11, Kim discloses RRC (paragraph [0044]; [0207]) and wherein the number of slots is based on the first subcarrier spacing being larger than 120 KHz (e.g. figs. 22, 24-25, and 29). However, Kim does not disclose wherein the RRC configuration indicates a number of slots between the data reception and the HARQ transmission. Lei teaches wherein the RRC configuration indicates a number of slots between the data reception and the HARQ transmission (paragraph [0082]; [0085]; [0095]; [0100]-[0101]; and etc.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the RRC configuration indicates a number of slots between the data reception and the HARQ transmission as taught by Lei into Kim in order to improve resource utilization. Regarding claim 12, Kim discloses wherein the number of slots is indicated by a parameter of the RRC configuration, and wherein a size of the parameter increases with an increase to a value of the first subcarrier spacing (figs. 22-29). Regarding claim 17, as applied above, Kim discloses HARQ transmission and first subcarrier spacing larger than 120 KHz. However, Kim does not disclose wherein the information indicates a slot offset between the data reception and the HARQ transmission, wherein the slot offset is based on the first subcarrier spacing being larger than 120 KHz. Lei teaches wherein the information indicates a slot offset between the data reception and the HARQ transmission, wherein the slot offset is based on the first subcarrier spacing being larger than 120 KHz (paragraph [0008]; [0010]; [0035]-[0036]; [0039]-[0042]; [0045]-[0046]; and so on). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the information indicates a slot offset between the data reception and the HARQ transmission, wherein the slot offset is based on the first subcarrier spacing being larger than 120 KHz as taught by Lei into Kim in order to improve resource utilization and to reduce overhead. Regarding claim 19, Kim discloses wherein the timing is determined from information sent by a base station (paragraph [0038]; [0050]; [0082]-[0083]). Kim does not explicitly disclose wherein the information indicates a slot offset between the data reception and the HARQ transmission, wherein the slot offset is based on the first subcarrier spacing being larger than 120 KHz. Lei teaches wherein the information indicates a slot offset between the data reception and the HARQ transmission, wherein the slot offset is based on the first subcarrier spacing being larger than 120 KHz (paragraph [0008]; [0010]; [0035]-[0036]; [0039]-[0042]; [0045]-[0046]; and so on). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the information indicates a slot offset between the data reception and the HARQ transmission, wherein the slot offset is based on the first subcarrier spacing being larger than 120 KHz as taught by Lei into Kim in order to improve resource utilization and to reduce overhead. Regarding claim 20, Kim discloses wherein the slot offset is determined based on downlink control information (DCI) or a radio resource control (RRC) configuration (paragraph [0038]; [0050]; [0082]; [0044]). Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Fu (US 2023/0246748 A1). Regarding claim 13, Kim discloses wherein the time to process the data reception is defined for the first subcarrier spacing being larger than 120 KHz (e.g. figs. 22, 24-25, and 29). the time to process the data reception dependently on a processing capability of a user equipment. Fu teaches the time to process the data reception dependently on a processing capability of a user equipment (paragraph [0019]; [0052]-[0054]; [0056]; [0058]; [0070]; [0076]; and so on). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the time to process the data reception dependently on a processing capability of a user equipment as taught by Fu into Kim in order to reduce dropping or losing data. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Yoshioka et al. (US 2022/0321272 A1). Regarding claim 15, as applied above, Kim discloses the physical downlink channel. However, Kim does not explicitly disclose wherein the physical downlink channel has a frequency larger than 52.6 gigaHertz (GHz), and wherein the information is included in downlink control information (DCI) that has at least one of: format 1_0, format 1_1, or format 1_2. Yoshioka teaches wherein the physical downlink channel has a frequency larger than 52.6 gigaHertz (GHz) (paragraph [0024]), and wherein the information is included in downlink control information (DCI) that has at least one of: format 1_0, format 1_1, or format 1_2 (paragraph [0030]-[0033]; [0041]; [0046]; [0059]; [0061]; [0063]; and so on). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use wherein the physical downlink channel has a frequency larger than 52.6 gigaHertz (GHz), and wherein the information is included in downlink control information (DCI) that has at least one of: format 1_0, format 1_1, or format 1_2 as taught by Yoshioka into Kim in order to meet bandwidth demands. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIBROM T HAILU whose telephone number is (571)270-1209. The examiner can normally be reached M-F 8:00 AM to 5:30 PM. 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, HUY D VU can be reached at (571)272-3155. 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. /KIBROM T HAILU/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Jun 24, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
87%
With Interview (+6.8%)
2y 10m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 876 resolved cases by this examiner. Grant probability derived from career allowance rate.

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