Prosecution Insights
Last updated: August 18, 2026
Application No. 18/854,652

METHOD AND APPARATUS FOR CBG-BASED HARQ-ACK FEEDBACK FOR VARIABLE SIZE DATA TRANSMISSION

Non-Final OA §102§103
Filed
Oct 07, 2024
Priority
Apr 08, 2022 — nonprovisional of PCTCN2022085868
Examiner
CROMPTON, CHRISTOPHER R
Art Unit
Tech Center
Assignee
Lenovo (United States) Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
486 granted / 606 resolved
+20.2% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
18 currently pending
Career history
614
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
44.8%
+4.8% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
12.5%
-27.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 606 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 § 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Peng et al. (US 20200213044) [R1] or, in the alternative, under 35 U.S.C. 103 as obvious over Peng et al. (US 20200213044) [R1]. For claim 1, R1 discloses at least one memory (paragraphs 40-42, 86-226, Fig 4-18, steps S701,702, particularly 40-42, 187); and the at least one processor coupled with the at least one memory and configured to cause the UE to (paragraphs 40-42, 86-226, Fig 4-18, steps S701,702, particularly 40-42, 187): receive, from a base station (BS), a plurality of downlink control information (DCI) formats for scheduling a plurality of physical downlink shared channel (PDSCH) transmissions on one or more carriers associated with the UE, wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge (HARQ-ACK) codebook (paragraphs 86-226, Fig 4-18, steps S701,702); divide, based on a presence and value of a first indicator in each DCI format, the plurality of DCI formats into two sets, wherein a first set of the two sets comprises all first type DCI formats of the plurality of DCI formats and a second set of the two sets comprises all second type DCI formats of the plurality of DCI formats, wherein downlink assignment indicators (DAIs) of the first type DCI formats are counted separately from those of the second type DCI formats codebook (paragraphs 86-226, Fig 4-18, steps S701,702); generate a first HARQ-ACK sub-codebook comprising HARQ-ACK information bits for DCI formats in the first set according to the DAIs of the DCI formats in the first set codebook (paragraphs 86-226, Fig 4-18, steps S701,702); generate a second HARQ-ACK sub-codebook comprising HARQ- ACK information bits for DCI formats in the second set according to the DAIs of the DCI formats in the second set codebook (paragraphs 86-226, Fig 4-18, S701,702); and transmit, to the BS, the HARQ-ACK codebook comprising the first HARQ-ACK sub-codebook and the second HARQ-ACK sub-codebook codebook (paras 86-226, Fig 4-18, S701,702). Or, in the alternative, Examiner takes Official Notice that the use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge was common and well known in the art prior to the effective filing date. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge. The technical reasoning to combine would be for more efficient transmissions, to use a standard method of transmission increasing marketability, and design choice. For claims 2 and 17, R1 discloses the first indicator indicates whether code block group (CBG)-based HARQ-ACK feedback is enabled or disabled (paragraphs 86-226, Fig 4-18, steps S701,702, see particularly 88). For claims 3 and 18, R1 discloses the first type DCI format is from a group including one or more of the following: a fallback DCI format; a non-fallback DCI format transmitted on a carrier not configured with a CBG-based (re)transmission; a non-fallback DCI format without presence of the first indicator; or a non-fallback DCI format with the first indicator indicating a disabled CBG- based (re)transmission; and wherein the second type DCI format is a non-fallback DCI format with the first indicator indicating an enabled CBG-based (re)transmission (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 4, R1 discloses the second HARQ- ACK sub-codebook comprises CBG-based HARQ-ACK information bits with every M consecutive bits corresponding to a respective DCI format in the second set, and M is a maximum number of CBGs per transport block (TB); or wherein the second HARQ-ACK sub-codebook comprises a first part comprising TB-based HARQ-ACK feedback for TBs scheduled by DCI formats in the second set, and a second part comprising one of the following: CBG-based HARQ-ACK feedback for a first TB among TB(s) scheduled by DCI formats in the second set and incorrectly decoded by the UE; or CBG-based HARQ-ACK feedback for first Z TBs among TB(s) scheduled by DCI formats in the second set and incorrectly decoded by the UE, wherein a value of Z is configured by the BS or is indicated by at least one of the plurality of DCI formats (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 5, R1 discloses the second HARQ- ACK sub-codebook comprises: a first part comprising transport block (TB)-based HARQ-ACK feedback for TBs scheduled by DCI formats in the second set (paragraphs 86-226, Fig 4-18, S701,702); and a second part comprising CBG-based HARQ-ACK feedback for one or more TBs scheduled by DCI formats in the second set and incorrectly decoded by the UE, wherein each bit of the second part corresponds to CBGs with a same CBG index among the one or more TBs scheduled by DCI formats in the second set and incorrectly decoded by the UE (paragraphs 86-226, Fig 4-18,S701,702). For claim 6, R1 discloses to generate the second HARQ-ACK sub-codebook, the at least one processor is configured to cause the UE to: generate CBG-level HARQ-ACK information bits for the one or more TBs scheduled by DCI formats in the second set and incorrectly decoded by the UE; perform HARQ-ACK bundling among the generated CBG-level HARQ- ACK information bits associated with the same CBG index to obtain a bundled bit; and in response to a number of bundled bits being smaller than a maximum number of CBGs per TB, perform HARQ-ACK padding to align the number of bundled bits with the maximum number of CBGs per TB (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 7, R1 discloses the second HARQ- ACK sub-codebook comprises: a first part comprising transport block (TB)-based HARQ-ACK feedback for one or more TBs scheduled by the DCI formats in the second set (paragraphs 86-226, Fig 4-18, steps S701,702); and a second part comprising at least one bit field, wherein each of the at least one bit field corresponds to a respective TB of the one or more TBs scheduled by the DCI formats in the second set and incorrectly decoded by the UE (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 8, R1 discloses to generate the second HARQ-ACK sub-codebook, the at least one processor is configured to cause the UE to generate a bit field by: generating CBG-level HARQ-ACK information bits for the respective TB (paragraphs 86-226, Fig 4-18, steps S701,702); and in response to the generated CBG-level HARQ-ACK information bits being greater than a number of bits for a bit field, performing HARQ-ACK bundling to align the generated CBG-level HARQ-ACK information bits with the number of bits for the bit field (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 9, R1 discloses a number of bits for the bit field is based on a maximum number of CBGs per transport block (TB) and a number of TBs scheduled by the DCI formats in the second set and incorrectly decoded by the UE (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 10, R1 discloses the first indicator indicates a number of code block groups (CBGs) or a number of HARQ-ACK information bits for a TB scheduled by a corresponding DCI (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 11, R1 discloses the first type DCI format is from a group including one or more of the following: a fallback DCI format; a non-fallback DCI format transmitted on a carrier not configured with a CBG-based (re)transmission; a non-fallback DCI format without a presence of the first indicator; or a non-fallback DCI format with the first indicator indicating a single CBG per scheduled TB or a single HARQ-ACK information bit per scheduled TB; and wherein the second type DCI format is a non-fallback DCI format with the first indicator indicating two or more CBGs per scheduled TB or two or more HARQ-ACK information bits per scheduled TB (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 12, R1 discloses each second type DCI format in the second set corresponds to a unified number of HARQ-ACK information bits in the second HARQ-ACK sub-codebook (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 13, R1 discloses each HARQ-ACK information bit in the first HARQ-ACK sub-codebook corresponds to a respective DCI format in the first set, and every unified number of consecutive HARQ-ACK information bits in the second HARQ-ACK sub-codebook corresponds to a respective DCI format in the second set (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 14, R1 discloses at least one memory(paragraphs 40-42, 86-226, Fig 4-18, steps S701,702); and a processor coupled to the transceiver, wherein the at least one processor coupled with the at least one memory and configured to cause the BS to (paragraphs 40-42, 86-226, Fig 4-18, steps S701,702): transmit, to a user equipment (UE), a plurality of downlink control information (DCI) formats for scheduling a plurality of physical downlink shared channel (PDSCH) transmissions on one or more carriers associated with the UE, wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge (HARQ-ACK) codebook (paragraphs 86-226, Fig 4-18, steps S701,702); and receive, from the UE, the HARQ-ACK codebook comprising a first HARQ-ACK sub-codebook and a second HARQ-ACK sub-codebook, wherein (paragraphs 86-226, Fig 4-18, steps S701,702): wherein the plurality of DCI formats is divided into two sets based on a presence and value of a first indicator in each DCI format, wherein a first set of the two sets comprises all first type DCI formats of the plurality of DCI formats and a second set of the two sets comprises all second type DCI formats of the plurality of DCI formats, and wherein downlink assignment indicators (DAIs) of the first type DCI formats are counted separately from those of the second type DCI formats (paragraphs 86-226, Fig 4-18, steps S701,702); wherein the first HARQ-ACK sub-codebook comprises HARQ-ACK information bits for DCI formats in the first set (paragraphs 86-226, Fig 4-18, steps S701,702); and wherein the second HARQ-ACK sub-codebook comprises HARQ- ACK information bits for DCI formats in the second set (paragraphs 86-226, Fig 4-18, steps S701,702). Or, in the alternative, Examiner takes Official Notice that the use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge was common and well known in the art prior to the effective filing date. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge. The technical reasoning to combine would be for more efficient transmissions, to use a standard method of transmission increasing marketability, and design choice. For claim 15, R1 discloses receiving, from a base station (BS), a plurality of downlink control information (DCI) formats for scheduling a plurality of physical downlink shared channel (PDSCH) transmissions on one or more carriers associated with the UE, wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge (HARQ-ACK) codebook (paragraphs 86-226, Fig 4-18, steps S701,702); dividing, based on a presence and value of a first indicator in each DCI format, the plurality of DCI formats into two sets, wherein a first set of the two sets comprises all first type DCI formats of the plurality of DCI formats and a second set of the two sets comprises all second type DCI formats of the plurality of DCI formats, wherein downlink assignment indicators (DAIs) of the first type DCI formats are counted separately from those of the second type DCI formats (paragraphs 86-226, Fig 4-18, steps S701,702); generating a first HARQ-ACK sub-codebook comprising HARQ-ACK information bits for DCI formats in the first set according to the DAIs of the DCI formats in the first set (paragraphs 86-226, Fig 4-18, steps S701,702); generating a second HARQ-ACK sub-codebook comprising HARQ-ACK information bits for DCI formats in the second set according to the DAIs of the DCI formats in the second set (paragraphs 86-226, Fig 4-18, steps S701,702); and transmitting, to the BS, the HARQ-ACK codebook comprising the first HARQ-ACK sub-codebook and the second HARQ-ACK sub-codebook (paragraphs 86-226, Fig 4-18, steps S701,702). Or, in the alternative, Examiner takes Official Notice that the use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge was common and well known in the art prior to the effective filing date. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge. The technical reasoning to combine would be for more efficient transmissions, to use a standard method of transmission increasing marketability, and design choice. For claim 16, R1 discloses at least one controller coupled with at least one memory and configured to cause the processor to (paragraphs 40-42, 86-226, Fig 4-18, steps S701,702): receive, from a base station (BS), a plurality of downlink control information (DCI) formats for scheduling a plurality of physical downlink shared channel (PDSCH) transmissions on one or more carriers associated with the UE, wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge (HARQ-ACK) codebook (paragraphs 86-226, Fig 4-18, steps S701,702); divide, based on a presence and value of a first indicator in each DCI format, the plurality of DCI formats into two sets, wherein a first set of the two sets comprises all first type DCI formats of the plurality of DCI formats and a second set of the two sets comprises all second type DCI formats of the plurality of DCI formats, wherein downlink assignment indicators (DAIs) of the first type DCI formats are counted separately from those of the second type DCI formats (paragraphs 86-226, Fig 4-18, steps S701,702); generate a first HARQ-ACK sub-codebook comprising HARQ-ACK information bits for DCI formats in the first set according to the DAIs of the DCI formats in the first set (paragraphs 86-226, Fig 4-18, steps S701,702); generate a second HARQ-ACK sub-codebook comprising HARQ- ACK information bits for DCI formats in the second set according to the DAIs of the DCI formats in the second set (paragraphs 86-226, Fig 4-18, steps S701,702); and transmit, to the BS, the HARQ-ACK codebook comprising the first HARQ-ACK sub-codebook and the second HARQ-ACK sub-codebook (paragraphs 86-226, Fig 4-18, steps S701,702). Or, in the alternative, Examiner takes Official Notice that the use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge was common and well known in the art prior to the effective filing date. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use wherein the plurality of DCI formats indicates a same slot for transmitting a hybrid automatic repeat request acknowledge. The technical reasoning to combine would be for more efficient transmissions, to use a standard method of transmission increasing marketability, and design choice. For claim 19, R1 discloses the second HARQ-ACK sub-codebook comprises CBG-based HARQ-ACK information bits with every M consecutive bits corresponding to a respective DCI format in the second set, and M is a maximum number of CBGs per transport block (TB); or wherein the second HARQ-ACK sub-codebook comprises a first part comprising TB-based HARQ-ACK feedback for TBs scheduled by DCI formats in the second set, and a second part comprising one of: CBG-based HARQ-ACK feedback for a first TB among TB(s) scheduled by DCI formats in the second set and incorrectly decoded by the UE; or CBG-based HARQ-ACK feedback for first Z TBs among TB(s) scheduled by DCI formats in the second set and incorrectly decoded by the UE, wherein a value of Z is configured by the BS or is indicated by at least one of the plurality of DCI formats (paragraphs 86-226, Fig 4-18, steps S701,702). For claim 20, R1 discloses the second HARQ-ACK sub-codebook comprises: a first part comprising transport block (TB)-based HARQ-ACK feedback for TBs scheduled by DCI formats in the second set; and a second part comprising CBG-based HARQ-ACK feedback for one or more TBs scheduled by DCI formats in the second set and incorrectly decoded by the UE, wherein each bit of the second part corresponds to CBGs with a same CBG index among the one or more TBs scheduled by DCI formats in the second set and incorrectly decoded by the UE (paragraphs 86-226, Fig 4-18, steps S701,702). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Papasakellariou (US 2018/0019843) discloses a plurality of DCI formats indicating a same slot for transmitting a hybrid automatic repeat request acknowledge. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R CROMPTON whose telephone number is (571)270-3678. The examiner can normally be reached 10AM-4PM ET M-Th. 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, Asad Nawaz can be reached at (571)272-3988. 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. /CHRISTOPHER R CROMPTON/Primary Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Oct 07, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707488
RESOURCE ALLOCATION FOR VARIABLE-SIZE DATA BURSTS
3y 10m to grant Granted Aug 11, 2026
Patent 12707322
COMMUNICATION CONTROL METHOD AND RELAY NODE
2y 3m to grant Granted Aug 11, 2026
Patent 12701624
METHOD AND APPARATUS FOR TRANSMITTING BEAM FAILURE RECOVERY INFORMATION BY USER EQUIPMENT IN WIRELESS COMMUNICATION SYSTEM
3y 11m to grant Granted Aug 04, 2026
Patent 12701570
METHOD PERFORMED BY TERMINAL AND BASE STATION IN WIRELESS COMMUNICATION SYSTEM
2y 10m to grant Granted Aug 04, 2026
Patent 12690062
SCHEDULED AND RANDOM ACCESS UPLINK RESOURCE UNIT ALLOCATION
2y 11m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
97%
With Interview (+16.5%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 606 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month