Prosecution Insights
Last updated: October 02, 2026
Application No. 18/861,847

POWER SCALING FACTOR SELECTION TECHNIQUES FOR PROBABILISTICALLY SHAPED SYSTEMS

Non-Final OA §102
Filed
Oct 30, 2024
Priority
Jun 30, 2022 — nonprovisional of PCTCN2022102653
Examiner
THIEU, BENJAMIN M
Art Unit
2453
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
528 granted / 626 resolved
+26.3% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
11 currently pending
Career history
639
Total Applications
across all art units

Statute-Specific Performance

§101
14.6%
-25.4% vs TC avg
§103
40.6%
+0.6% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 626 resolved cases

Office Action

§102
DETAILED ACTION This Office Action is in response to the original filing of October 30, 2024. Claim(s) 1-30 is/are pending and have been considered as follows. 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 . 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on October 30, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 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)(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. Claim(s) 1, 4-5, 14-16, 19, 21, 24, 27 and 30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Van Nee et al. (US 10,742,472 B2, hereinafter Van Nee). As to Claim 1, Van Nee discloses an apparatus for wireless communication at a wireless device, comprising: a processing system configured to (Van Nee; Fig. 4): select, according to a coded modulation scheme associated with a data message and a probabilistic shaping scheme associated with information bits of the data message, a power scaling factor corresponding to the data message ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for messages, i.e. data packet.); and an interface configured to (Van Nee; Fig. 5): output the data message according to the coded modulation scheme, including encoding the information bits according to the probabilistic shaping scheme and applying a power scaling to the data message according to the power scaling factor ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67; [col. 32, lines 46 - 60]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for sending data messages, i.e. data packet.). As to Claim 4, Van Nee discloses the apparatus of claim 1, wherein, to select the power scaling factor, the processing system is further configured to: calculate the power scaling factor in accordance with one or more shaping parameters associated with the probabilistic shaping scheme, wherein the one or more shaping parameters include at least one of a probability distribution scaling factor, a shaping rate, or an entropy value associated with one or more modulation symbols used for the data message ((Van Nee; Fig. 6; [col. 27, lines 27 – 44; col. 28, lines 10-23; col. 32, lines 46-60]), where Van Nee discloses applying a power scaling factor.). As to Claim 5, Van Nee discloses the apparatus of claim 1, wherein the interface is further configured to: output a demodulation reference signal associated with the data message in accordance with the power scaling factor (Van Nee; Figs. 10-11; [col. 29, line 65 – col. 30, line 65]). As to Claim 14, Van Nee discloses the apparatus of claim 1, wherein the interface is further configured to: output, to a second wireless device, an indication of the power scaling factor (Van Nee; Fig. 6; [col. 27, line 62 – col. 28, line 24; col. 32, lines 46-60]). As to Claim 15, Van Nee discloses the apparatus of claim 1, wherein, to select the power scaling factor, the interface is further configured to: obtain, from a second wireless device, an indication of the power scaling factor (Van Nee; Fig. 6; [col. 27, line 62 – col. 28, line 24; col. 32, lines 46-60]). As to Claim 16, Van Nee discloses an apparatus for wireless communication at a wireless device, comprising: a processing system configured to (Van Nee; Fig. 4): select, according to a coded modulation scheme associated with a data message and a probabilistic shaping scheme associated with information bits of the data message, a power scaling factor corresponding to the data message ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for messages, i.e. data packet.); and an interface configured to (Van Nee; Fig. 4): obtain the data message according to the coded modulation scheme, including decoding the information bits according to the probabilistic shaping scheme and accounting for a power scaling of the data message according to the power scaling factor ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67; [col. 32, lines 46 - 60]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for sending data messages, i.e. data packet.). As to Claim 19, Van Nee discloses the apparatus of claim 16, wherein, to select the power scaling factor, the processing system is further configured to: calculate the power scaling factor in accordance with one or more shaping parameters associated with the probabilistic shaping scheme, wherein the one or more shaping parameters include at least one of a probability distribution scaling factor, a shaping rate, or an entropy value associated with one or more modulation symbols used for the data message ((Van Nee; Fig. 6; [col. 27, lines 27 – 44; col. 28, lines 10-23; col. 32, lines 46-60]), where Van Nee discloses applying a power scaling factor.). As to Claim 21, Van Nee discloses a method for wireless communication at a wireless device, comprising: selecting, according to a coded modulation scheme associated with a data message and a probabilistic shaping scheme associated with information bits of the data message, a power scaling factor corresponding to the data message ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for messages, i.e. data packet.); and transmitting the data message according to the coded modulation scheme, including encoding the information bits according to the probabilistic shaping scheme and applying a power scaling to the data message according to the power scaling factor ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67; [col. 32, lines 46 - 60]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for sending data messages, i.e. data packet.). As to Claim 24, Van Nee discloses the method of claim 21, wherein selecting the power scaling factor comprises: calculating the power scaling factor in accordance with one or more shaping parameters associated with the probabilistic shaping scheme, wherein the one or more shaping parameters include at least one of a probability distribution scaling factor, a shaping rate, or an entropy value associated with one or more modulation symbols used for the data message ((Van Nee; Fig. 6; [col. 27, lines 27 – 44; col. 28, lines 10-23; col. 32, lines 46-60]), where Van Nee discloses applying a power scaling factor.). As to Claim 27, Van Nee discloses a method for wireless communication at a wireless device, comprising: selecting, according to a coded modulation scheme associated with a data message and a probabilistic shaping scheme associated with information bits of the data message, a power scaling factor corresponding to the data message ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for messages, i.e. data packet.); and receiving the data message according to the coded modulation scheme, including decoding the information bits according to the probabilistic shaping scheme and accounting for a power scaling of the data message according to the power scaling factor ((Van Nee; Figs. 6-12; [col. 15, lines 28 – col. 16, lines 67; col. 27, lines 27-44; col 28, line 24-67; [col. 32, lines 46 - 60]), where Van Nee discloses utilizing a modulation scheme, probabilistic scheme and power scaling for sending data messages, i.e. data packet.). As to Claim 30, Van Nee discloses the method of claim 27, wherein selecting the power scaling factor comprises: calculating the power scaling factor in accordance with one or more shaping parameters associated with the probabilistic shaping scheme, wherein the one or more shaping parameters include at least one of a probability distribution scaling factor, a shaping rate, or an entropy value associated with one or more modulation symbols used for the data message ((Van Nee; Fig. 6; [col. 27, lines 27 – 44; col. 28, lines 10-23; col. 32, lines 46-60]), where Van Nee discloses applying a power scaling factor.). Allowable Subject Matter Claim(s) 2-3, 6-13, 17-18, 20, 22-23, 25-26, and 28-29 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. The examiner also requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application. When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c). Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M THIEU whose telephone number is (571) 270-7475 and fax number is (571) 270-8475. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM EST. 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, Kamal Divecha can be reached at 571-272-5863. 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. /BENJAMIN M THIEU/Primary Examiner, Art Unit 2453 8.19.2026
Read full office action

Prosecution Timeline

Oct 30, 2024
Application Filed
Aug 21, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+15.3%)
2y 6m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 626 resolved cases by this examiner. Grant probability derived from career allowance rate.

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