Prosecution Insights
Last updated: July 17, 2026
Application No. 18/805,637

OPEN LOOP HARQ IN WIRELESS SYSTEMS

Non-Final OA §DP
Filed
Aug 15, 2024
Priority
Apr 30, 2019 — provisional 62/840,987 +3 more
Examiner
TRUONG, LAN-HUONG
Art Unit
Tech Center
Assignee
InterDigital Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
555 granted / 611 resolved
+30.8% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
15 currently pending
Career history
622
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
79.4%
+39.4% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 611 resolved cases

Office Action

§DP
CTNF 18/805,637 CTNF 89658 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This action is response to the application filed on 04/30/2022. Claims 1-20 are pending and herein considered. Oath/Declaration The receipt of oath/declaration is acknowledged. Drawings 06-37 AIA The drawings were received on 04/30/2024 . These drawings are reviewed and accepted by the Examiner . Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Information Disclosure Statement The information disclosure statement (IDS), submitted on 01/11/2024 (which documents listed have been submitted in the U.S Application No. 17/606,967 filed 11/21/2023, 03/20/2024 and 07/16/2024), 06/27/2025 and 10/27/2025 are in compliance with the provisions of 37 CRR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms . The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) 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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp . Claim(s) 1-8 is/are rejected on the ground of non-statutory double patenting as being unpatentable over claim(s) 1-12 of U.S. Patent No. 12,119,937 (Application no. 17/606,967). Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application merely broaden the scope of the claims of U.S. Patent No. 12,119,937 (Application no. 17/606,967), in which the ordering of some limitations is changed, the wording is slightly modified, or slight changes in the limitations that would have been obvious to one of ordinary skill in the art have been made. It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson , 136 USPQ 184 (CCPA). Also note Ex parte Rainu , 168 USPQ 375 (Bd.App.1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art and where the patent and the application are directed relates generally to performed by a base station for constructing, for a wireless device, a semi-static Hybrid Automatic Repeat Request, HARQ, codebook for each of multiple Physical Uplink Control Channel, PUCCH, resources in an uplink slot, each of the multiple PUCCH resources carrying HARQ feedback for Physical Downlink Shared Channel, PDSCH, transmissions within a certain downlink time interval, the method comprising: based on a Time Domain Resource Allocation, TDRA, table comprising a list of TDRA entries configured for the wireless device, determining a sub-TDRA table for each downlink time interval comprising entries of the TDRA table with a TDRA ending in the downlink time interval; pruning each sub-TDRA table to remove entries with overlapping TDRAs; constructing a semi-static HARQ codebook for each pruned sub-TDRA table based on the remaining entries in the pruned sub-TDRA tables; and using the semi-static HARQ codebooks for receiving HARQ feedback in the uplink slot . Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify claims 12,119,937 (Application no. 17/606,967) to teach the invention of the claims 1-20 of the current application. Instant Application 18/805,637 U.S. Patent No. 12,119,937 For claim 1 : 1. (Currently Amended) A wireless transmit/receive unit (WTRU) comprising: a processor, configured to: receive configuration information comprising a first hybrid automatic repeat request (HARQ) behavior associated with a first HARQ identifier (ID) and comprising a second HARQ behavior associated with a second HARQ ID; receive a downlink (DL) grant that indicates a HARQ ID, wherein the HARQ ID is the first HARQ ID or the second HARQ ID; determine a HARQ behavior based on the indicated HARQ ID, wherein the HARQ behavior is determined to be the first HARQ behavior if the HARQ ID is the first HARQ ID, and wherein the HARQ behavior is determined to be the second HARQ behavior if the HARQ ID is the second HARQ ID; on a condition that the HARQ behavior is determined to be the first HARQ behavior, send a transmission that comprises HARQ feedback[[,]]; and on a condition that the HARQ behavior is determined to be the second HARQ behavior, refrain from transmitting HARQ feedback. For claim 3 : 3. The method of claim 1 further comprising: reserving multiple bits in the semi-static HARQ codebook based on multiple Transport Blocks, TBs, and Code-Block Groups, CBGs. For claim 4 : 4. The method of claim 1 wherein pruning each sub-TDRA table comprises: for the downlink slots that are only overlapped by one DL time interval, the TDRA table pruning algorithm as in Rel-15 can be applied pruning each sub-TDRA table. For claim 5 : 5. The method of claim 1 wherein constructing each semi-static HARQ codebook comprises constructing each semi-static HARQ codebook based on the PDSCH correspondence to the multiple PUCCH transmissions in the slot. For claim 6 : 6. The method of claim 1 wherein constructing each semi-static HARQ codebook further comprises dividing the PDSCHs that can be acknowledged within the slot into multiple groups each corresponding to one uplink sub-slot for a PUCCH transmission that is used to carry the corresponding HARQ feedback. For claim 7 : 7. A method performed by a wireless device for enabling feedback for multiple Physical Downlink Shared Channel, PDSCH, transmissions, the method comprising: constructing a semi-static Hybrid Automatic Repeat Request, HARQ, codebook for each of multiple Physical Uplink Control Channel, PUCCH, resources in an uplink slot, each of the multiple PUCCH resources carrying HARQ feedback for Physical Downlink Shared Channel, PDSCH, transmissions within a certain downlink time interval, wherein each semi-static HARQ codebook is constructed based on remaining entries in a pruned sub-Time Domain Resource Allocation, TDRA, table, the sub-TDRA table being determined for one of the downlink time intervals to comprise entries of a TDRA table with a TDRA ending in the downlink time interval, the TDRA table being configured for the wireless device; and the pruned sub-TDRA table being pruned to remove entries with overlapping TDRAs; and transmitting, to the base station, feedback for multiple PDSCH transmissions based on the semi-static HARQ codebooks. For claim 8 : 8. The method of claim 7 wherein each semi-static HARQ codebook is constructed by reserving one bit in the semi-static HARQ codebook for each remaining entry of the pruned sub-TDRA table. For claim 9 : 9. The method of claim 7 wherein each semi-static HARQ codebook is constructed by reserving multiple bits in the semi-static HARQ codebook based on multiple Transport Blocks, TBs, and Code-Block Groups, CBGs. For claim 10 : 10. The method of claim 7 wherein, for the downlink slots that are only overlapped by one downlink time interval, the TDRA table pruning algorithm as in Rel-15 is applied to each sub-TDRA table. For claim 11 : 11. The method of claim 7 wherein each semi-static HARQ codebook is constructed based on the PDSCH correspondence to the multiple PUCCH transmissions in the slot. For claim 12 : 12. The method of claim 7 wherein the each semi-static HARQ codebook further comprises: the PDSCHs that can be acknowledged within a slot are divided into multiple groups each corresponding to one Uplink sub-slot for a PUCCH transmission that is used to carry the corresponding HARQ feedback. For claim 13 : 13. A base station for constructing, for a wireless device, a semi-static Hybrid Automatic Repeat Request, HARQ, codebook for each of multiple Physical Uplink Control Channel, PUCCH, resources in an uplink slot, each of the multiple PUCCH resources carrying HARQ feedback for Physical Downlink Shared Channel, PDSCH, transmissions within a certain downlink time interval, the base station comprising: one or more processors; and memory comprising instructions to cause the base station to: based on a Time Domain Resource Allocation, TDRA, table comprising a list of TDRA entries configured for the wireless device, determine a sub-TDRA table for each downlink time interval comprising entries of the TDRA table with a TDRA ending in the downlink time interval; prune each sub-TDRA table to remove entries with overlapping TDRAs; construct a semi-static HARQ codebook for each pruned sub-TDRA table based on the remaining entries in the pruned sub-TDRA tables; and using the semi-static HARQ codebooks for HARQ feedback in the uplink slot. For claim 17 : 17. A wireless device for enabling feedback for multiple Physical Downlink Shared Channel, PDSCH, channels, the wireless device comprising: one or more processors; and memory storing instructions executable by the one or more processors, whereby the wireless device is operable to: constructing a semi-static Hybrid Automatic Repeat Request, HARQ, codebook for each of multiple Physical Uplink Control Channel, PUCCH, resources in an uplink slot, each of the multiple PUCCH resources carrying HARQ feedback for Physical Downlink Shared Channel, PDSCH, transmissions within a certain downlink time interval; where each semi-static HARQ codebook is constructed based on remaining entries in a pruned sub-Time Domain Resource Allocation, TDRA, table, the sub-TDRA table being determined for one of the downlink time intervals to comprise entries of a TDRA table with a TDRA ending in the downlink time interval, the TDRA table being configured for the wireless device; and the pruned sub-TDRA table being pruned to remove entries with overlapping TDRAs; and transmit, to the base station, feedback for multiple data channels based on the semi-static HARQ codebooks. For claim 18 : 18. The wireless device of claim 17 wherein each semi-static HARQ codebook is constructed by reserving one bit in the semi-static HARQ codebook for each remaining entry of the pruned sub-TDRA table. For claim 19 : 19. The wireless device of claim 17 wherein each semi-static HARQ codebook is constructed by reserving multiple bits in the semi-static HARQ codebook based on multiple Transport Blocks, TBs, and Code-Block Groups, CBGs. For claim 20 : 20. The wireless device of claim 17 wherein, for the downlink slots that are only overlapped by one downlink time interval, the TDRA table pruning algorithm as in Rel- 15 is applied to each sub-TDRA table. For claim 1 : 1. A wireless transmit/receive unit (WTRU) comprising: a processor, configured to: receive an indication of an association between a first hybrid automatic repeat request (HARQ) process identifier (ID) and a first HARQ processing type and between a second HARQ process ID and a second HARQ processing type; receive an indication of an association between a first logical channel and the first HARQ processing type and between a second logical channel and the second HARQ processing type; receive an uplink (UL) grant that indicates a HARQ process ID; determine a HARQ processing type associated with the HARQ process ID, wherein the determined HARQ processing type is the first HARQ processing type or the second HARQ processing type; on a condition that the HARQ processing type is determined to be the first HARQ processing type, select the first logical channel to use for a transmission associated with the UL grant; on a condition that the HARQ processing type is determined to be the second HARQ processing type, select the second logical channel to use for the transmission associated with the UL grant; and send the transmission using the UL grant. For claim 3 : 3. The method of claim 1 further comprising: reserving multiple bits in the semi-static HARQ codebook based on multiple Transport Blocks, TB s, and Code-Block Groups, CBGs. For claim 4 : 4. The method of claim 1 wherein pruning each sub-TDRA table comprises: for the downlink slots that are only overlapped by one DL time interval, the TDRA table pruning algorithm as in Rel-15 can be applied pruning each sub-TDRA table. For claim 5 : 5. The method of claim 1 wherein constructing each semi-static HARQ codebook comprises constructing each semi-static HARQ codebook based on the PDSCH correspondence to the multiple PUCCH transmissions in the slot. For claim 6 : 6. The method of claim 1 wherein constructing each semi-static HARQ codebook further comprises dividing the PDSCHs that can be acknowledged within the slot into multiple groups each corresponding to one uplink sub-slot for a PUCCH transmission that is used to carry the corresponding HARQ feedback. For claim 7 : 7. A method performed by a wireless device for enabling feedback for multiple Physical Downlink Shared Channel, PDSCH, transmissions, the method comprising: receiving, from a base station, a semi-static Hybrid Automatic Repeat Request, HARQ, codebook for each of multiple Physical Uplink Control Channel, PUCCH, resources in an uplink slot, each of the multiple PUCCH resources carrying HARQ feedback for Physical Downlink Shared Channel, PDSCH, transmissions within a certain downlink time interval, wherein each semi-static HARQ codebook is constructed based on remaining entries in a pruned sub-Time Domain Resource Allocation, TDRA, table, the sub-TDRA table being determined for one of the downlink time intervals to comprise entries of a TDRA table with a TDRA ending in the downlink time interval, the TDRA table being configured for the wireless device; and the pruned sub-TDRA table being pruned to remove entries with overlapping TDRAs; and transmitting, to the base station, feedback for multiple PDSCH transmissions based on the received semi-static HARQ codebooks. For claim 8 : 8. The method of claim 7 wherein each semi-static HARQ codebook is constructed by reserving one bit in the semi-static HARQ codebook for each remaining entry of the pruned sub-TDRA table. For claim 9 : 9. The method of claim 7 wherein each semi-static HARQ codebook is constructed by reserving multiple bits in the semi-static HARQ codebook based on multiple Transport Blocks, TBs, and Code-Block Groups, CBGs. For claim 10 : 10. The method of claim 7 wherein, for the downlink slots that are only overlapped by one downlink time interval, the TDRA table pruning algorithm as in Rel-15 is applied to each sub-TDRA table. For claim 11 : 11. The method of claim 7 wherein each semi-static HARQ codebook is constructed based on the PDSCH correspondence to the multiple PUCCH transmissions in the slot. For claim 12 : 12. The method of claim 7 wherein the each semi-static HARQ codebook further comprises: the PDSCHs that can be acknowledged within a slot are divided into multiple groups each corresponding to one Uplink sub-slot for a PUCCH transmission that is used to carry the corresponding HARQ feedback. For claim 13 : 13. A base station for constructing, for a wireless device, a semi-static Hybrid Automatic Repeat Request, HARQ, codebook for each of multiple Physical Uplink Control Channel, PUCCH, resources in an uplink slot, each of the multiple PUCCH resources carrying HARQ feedback for Physical Downlink Shared Channel, PDSCH, transmissions within a certain downlink time interval, the base station comprising: one or more processors; and memory comprising instructions to cause the base station to: based on a Time Domain Resource Allocation, TDRA, table comprising a list of TDRA entries configured for the wireless device, determine a sub-TDRA table for each downlink time interval comprising entries of the TDRA table with a TDRA ending in the downlink time interval; prune each sub-TDRA table to remove entries with overlapping TDRAs; construct a semi-static HARQ codebook for each pruned sub-TDRA table based on the remaining entries in the pruned sub-TDRA tables; and transmit the semi-static HARQ codebooks to the wireless device. For claim 14 : 14. A wireless device for enabling feedback for multiple Physical Downlink Shared Channel, PDSCH, channels, the wireless device comprising: one or more processors; and memory storing instructions executable by the one or more processors, whereby the wireless device is operable to: receive, from a base station, a semi-static Hybrid Automatic Repeat Request, HARQ, codebook for each of multiple Physical Uplink Control Channel, PUCCH, resources in an uplink slot, each of the multiple PUCCH resources carrying HARQ feedback for Physical Downlink Shared Channel, PDSCH, transmissions within a certain downlink time interval; where each semi-static HARQ codebook is constructed based on remaining entries in a pruned sub-Time Domain Resource Allocation, TDRA, table, the sub-TDRA table being determined for one of the downlink time intervals to comprise entries of a TDRA table with a TDRA ending in the downlink time interval, the TDRA table being configured for the wireless device; and the pruned sub-TDRA table being pruned to remove entries with overlapping TDRAs; and transmit, to the base station, feedback for multiple data channels based on the semi-static HARQ codebook. For claim 15 : 15. The wireless device of claim 14 wherein each semi-static HARQ codebook is constructed by reserving one bit in the semi-static HARQ codebook for each remaining entry of the pruned sub-TDRA table. For claim 16 : 16. The wireless device of claim 14 wherein each semi-static HARQ codebook is constructed by reserving multiple bits in the semi-static HARQ codebook based on multiple Transport Blocks, TBs, and Code-Block Groups, CBGs. For claim 17 : 17. The wireless device of claim 14 wherein, for the downlink slots that are only overlapped by one downlink time interval, the TDRA table pruning algorithm as in Rel-15 is applied to each sub-TDRA table. Allowable Subject Matter Claims 1-8 would be allowable if a proper terminal disclaimer filed to overcome the double patenting rejection(s), set forth in this Office action. References cited but not used The prior arts made or record and not relied upon are considered pertinent to applicant's disclosures. A relevant prior art reference, Lee et at. (U.S 11,160,106), discloses receiving a first uplink grant (UL grant) from a base station; transmitting a first item of uplink data (UL data) to the base station on the basis of the first uplink grant; receiving, from the base station, a HARQ response to the first item of uplink data. Another relevant prior art reference, Lee et al. (U.S 2018/0192434), discloses when transmitting retransmission data, an eNB that receives NACK transmits the data by setting NDI in a DL grant (DCI format 1) as a bit that represents a retransmission. In this case, the NDI includes HARQ process ID. Another relevant prior art reference, NPL-3rd Generation Partnership Project (3GPP), R2-1904519, "On Switching Off HARQ for NTN", Ericsson, 3GPP TSG-RAN WG2 #105Bis, Xi'an, China, April 08-12, 2019, 5 pages, discloses gNB configures the UE informing one or a set of HARQ process IDs associated with a HARQ processing type for with HARQ will be switched off, the remaining HARQ process IDs are associated with a HARQ processing and gNB configures the UE informing one or a set of HARQ process IDs associated with a HARQ processing type for with HARQ will be switched off, the remaining HARQ process IDs are associated with a HARQ processing type for HARQ is enabled. Another relevant prior art reference, Quan et al. (WO-2014/179936A1), discloses transmitting, on a process corresponding to the HARQ process number, data on a first logical channel element and a second logical channel element, and data on the first logical channel element and the second logical channel element are respectively transmitted on the process corresponding to the first HARQ process ID and the second HARQ process ID. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAN HUONG TRUONG whose telephone number is (571) 270-5829. The examiner can normally be reached on Mon-Fri (7:30AM-5:00PM). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RICKY NGO can be reached on 571-272-3139. 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. /Lan-Huong Truong/ Primary Examiner, Art Unit: 2464 06/13/2026 Application/Control Number: 18/805,637 Page 2 Art Unit: 2464
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Prosecution Timeline

Aug 15, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+10.4%)
2y 2m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 611 resolved cases by this examiner. Grant probability derived from career allowance rate.

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