Prosecution Insights
Last updated: October 02, 2026
Application No. 18/909,877

SYSTEMS AND METHODS FOR PROVIDING MULTIPLE CODE RATES ACROSS RESOURCE UNITS IN COMMUNICATION SYSTEMS

Final Rejection §103§DP
Filed
Oct 08, 2024
Priority
May 24, 2024 — provisional 63/651,710
Examiner
ALHWAMDEH, KAREEM FUAD
Art Unit
2112
Tech Center
2100 — Computer Architecture & Software
Assignee
Avago Technologies International Sales Pte. Limited
OA Round
2 (Final)
100%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
10 granted / 10 resolved
+45.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
17 currently pending
Career history
26
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
88.1%
+48.1% vs TC avg
§102
1.5%
-38.5% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 10 resolved cases

Office Action

§103 §DP
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 . Claims 1-20 are pending and are under examination. This office action is FINAL. Response to Arguments Regarding 35 U.S.C. 103, Applicant’s arguments with respect to claim(s) [ 1-20 ] have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Regarding double patenting, the provisional non-statutory rejection is maintained. Regarding 35 U.S.C 112(b), Applicant's amendment to "The method of claim 9" overcomes the indefiniteness rejection. The rejection is withdrawn. Double Patenting 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer. Claims [ 1-20 ] provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims [ 1-20 ] of copending Application No. [ 18909879 ] (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant Application: 18909877 Co-pending Application: 18909879 1. An apparatus comprising: a transmitter and one or more processors, wherein the one or more processors are configured to: identify a plurality of resource units (RUs) used for transmitting respective data streams within one or more wireless channels; determine, based at least on a difference of values in signal quality between transmissions across the plurality of RUs, respective target code rates for the plurality of RUs, wherein the respective target code rates are different from each other and different from a base code rate of a low density parity check (LDPC) code; and encode, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates; and wherein the transmitter is configured to transmit the respective encoded data streams using the plurality of respective RUs. 1. An apparatus comprising: a plurality of transmitters and one or more processors, wherein the one or more processors are configured to: identify a plurality of wireless channels corresponding to the plurality of transmitters for transmitting respective data streams; based at least on a difference in values of signal quality between the plurality of wireless channels, respective target code rates for the plurality of wireless channels, wherein the respective target code rates are different from each other and different from a base code rate of a low density parity check (LDPC) code; and encode, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates; and wherein the plurality of transmitters are configured to transmit the respective encoded data streams via respective wireless channels. 2. The apparatus of claim 1, wherein the difference in signal quality between the plurality of RUs is a difference in signal-to-noise ratio (SNR) between the transmissions across the plurality of RUs. 2. The apparatus of claim 1, wherein the difference in signal quality between the plurality of wireless channels is the difference in signal-to-noise ratio (SNR) between the plurality of wireless channels. 3. The apparatus of claim 1, wherein the one or more processors are further configured to: receive a data stream; determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different data types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams. 3. The apparatus of claim 1, wherein the one or more processors are further configured to: receive a data stream; determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different traffic types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams. 4. The apparatus of claim 1, wherein the one or more processors are further configured to: select, based at least on the respective target code rates and the base code rate, respective sizes of information bits for the plurality of RUs. 4. The apparatus of claim 1, wherein the one or more processors are further configured to: select, based at least on the respective target code rates and the base code rate, respective sizes of information bits for encoding for the plurality of wireless channels. 5. The apparatus of claim 4, wherein the one or more processors are further configured to: based at least on the respective sizes of information bits, split, by a physical (PHY) layer, a data stream into the respective data streams; and add, by the PHY layer, respective data to the respective data streams according to the selected respective sizes of information bits 5. The apparatus of claim 4, wherein the one or more processors are further configured to: based at least on the respective sizes of information bits, split, by a physical (PHY) layer, a data stream into the respective data streams; and add, by the PHY layer, respective data to the respective data streams according to the selected respective sizes of information bits 6. The apparatus of claim 4, wherein in encoding the respective data streams, the one or more processors are further configured to: determine a base size of information bits corresponding to the base code rate; generate, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits; encode, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data; and generate the respective encoded data stream by concatenating the second set of information bits and the parity data. 6. The apparatus of claim 4, wherein in encoding the respective data streams, the one or more processors are further configured to: determine a base size of information bits corresponding to the base code rate; generate, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits; encode, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data; and generate the respective encoded data stream by concatenating the second set of information bits and the parity data. 7. The apparatus of claim 1, wherein the one or more processors are further configured to encode the respective data streams serially or in parallel. 7. The apparatus of claim 1, wherein the one or more processors are further configured to encode the respective data streams serially or in parallel. 8. The apparatus of claim 1, wherein the one or more processors are further configured to multiplex the respective encoded data streams to perform a stream-wise modulation. 8. The apparatus of claim 1, wherein the one or more processors are further configured to multiplex the respective encoded data streams to perform a stream-wise modulation. 9. A method comprising: identifying, by one or more processors, a plurality of resource units (RUs) used for transmitting respective data streams within one or more wireless channels; determining, by the one or more processors based at least on a difference of values in signal quality between transmissions across the plurality of RUs, respective target code rates for the plurality of RUs, wherein the respective target code rates are different from each other and different from a base code rate of a low density parity check (LDPC) code; encoding, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates; and transmitting, by a transmitter, the respective encoded data streams using respective RUs. 9. A method comprising: identifying, by one or more processors, a plurality of wireless channels corresponding to a plurality of transmitters for transmitting respective data streams; determining, by the one or more processors based at least on a difference in values of signal quality between the plurality of wireless channels, respective target code rates for the plurality of wireless channels, wherein the respective target code rates are different from each other and different from a base code rate of a low density parity check (LDPC) code; encoding, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates; and transmitting, by the plurality of transmitters, the respective encoded data streams via respective wireless channels. 10. The method of claim 9, wherein the difference in signal quality between the plurality of RUs is a difference in signal-to-noise ratio (SNR) between the transmissions across the plurality of RUs. 10. The method of claim 9, wherein the difference in signal quality between the plurality of wireless channels is a difference in signal-to-noise ratio (SNR) between the plurality of wireless channels. 11. The method of claim 9, further comprising: receiving a data stream; determining, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different data types, the different levels of priority or the different levels of QoS, splitting, by the MAC layer, the data stream into the respective data streams. 11. The method of claim 9, further comprising: receiving a data stream; determining, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different traffic types, the different levels of priority or the different levels of QoS, splitting, by the MAC layer, the data stream into the respective data streams. 12. The method of claim 9, further comprising: selecting, based at least on the respective target code rates and the base code rate, respective sizes of information bits for the plurality of RUs. 12. The method of claim 9, further comprising: selecting, based at least on the respective target code rates and the base code rate, respective sizes of information bits for encoding for the plurality of wireless channels. 13. The method of claim 12, further comprising: based at least on the respective sizes of information bits, splitting, by a physical (PHY) layer, a data stream into the respective data streams; and adding, by the PHY layer, respective data to the respective data streams according to the selected respective sizes of information bits. 13. The method of claim 12, further comprising: based at least on the respective sizes of information bits, splitting, by a physical (PHY) layer, a data stream into the respective data streams; and adding, by the PHY layer, respective data to the respective data streams according to the selected respective sizes of information bits. 14. The method of claim 12, wherein encoding the respective data streams comprises: determining a base size of information bits corresponding to the base code rate; generating, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits; encoding, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data; and generating the respective encoded data stream by concatenating the second set of information bits and the parity data. 14. The method of claim 12, wherein encoding the respective data streams comprises: determining a base size of information bits corresponding to the base code rate; generating, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits; encoding, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data; and generating the respective encoded data stream by concatenating the second set of information bits and the parity data. 15. The method of claim 9, wherein encoding the respective data streams comprises: encoding the respective data streams serially or in parallel. 15. The method of claim 9, wherein encoding the respective data streams comprises: encoding the respective data streams serially or in parallel. 16. The apparatus of claim 9, further comprising: multiplexing the respective encoded data streams to perform a stream-wise modulation. 16. The method of claim 9, further comprising: multiplexing the respective encoded data streams to perform a stream-wise modulation. 17. An apparatus comprising: a transmitter and one or more processors, wherein the one or more processors are configured to: identify a plurality of resource units (RUs) used for transmitting respective data streams within one or more wireless channels; determine, based at least on a difference of values in signal quality between transmissions across the plurality of RUs, respective numbers of bits for the plurality of RUs, wherein the respective numbers of bits are different from each other; and modulate, using the respective numbers of bits, the respective data streams to generate respective modulated data streams, wherein the transmitter is configured to transmit the respective modulated data streams using respective RUs. 17. An apparatus comprising: a plurality of transmitters and one or more processors, wherein the one or more processors are configured to: identify a plurality of wireless channels corresponding to the plurality of transmitters for transmitting respective data streams; determine, based on the difference in values of signal quality between the plurality of wireless channels, respective numbers of bits for the plurality of wireless channels, wherein the respective numbers of bits are different from each other; and modulate, using the respective numbers of bits, the respective data streams to generate respective modulated data streams; and wherein the plurality of transmitters are configured to transmit the respective encoded data streams via respective wireless channels. 18. The apparatus of claim 17, wherein the difference in signal quality between the plurality of RUs is a difference in signal-to-noise ratio (SNR) between the transmissions across the plurality of RUs. 18. The apparatus of claim 17, wherein the difference in signal quality between the plurality of wireless channels is a difference in signal-to-noise ratio (SNR) between the plurality of wireless channels. 19. The apparatus of claim 17, wherein in modulating the respective data streams, the one or more processors are configured to perform, for each RU, a quadrature amplitude modulation (QAM) using the respective number of bits as a number of bits per symbol. 19. The apparatus of claim 17, wherein in modulating the respective data streams, the one or more processors are configured to perform, for each wireless channel, a quadrature amplitude modulation (QAM) using the respective number of bits as a number of bits per symbol. 20. The apparatus of claim 17, wherein the one or more processors are configured to: receive a data stream; determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different data types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams. 20. The apparatus of claim 17, wherein the one or more processors are configured to: receive a data stream; determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different traffic types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams. Obviousness statement: Claims 1-20 of the co-pending application teach all the claims [1-20] of the instant applications, except for the resource unit which is defined in the specification to be an OFDMA channel, which is a wireless channel (Resource units (RUs) or distributed resource units (dRUs) can be defined, allocated, designed and/or configured for an OFDMA channel. [PP 0076]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the communication system by using resource units, in order to improve encoding/decoding process of a communications system. 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. 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. Claim(s) [ 1-2, 4-10, 12-19 ] are rejected under 35 U.S.C. 103 as being unpatentable over [ Khan et al. (US Pub No. 20070104149), hereinafter "Khan", in view of Andersson et al. (US Pub No. 20230179230), hereinafter "Andersson" ]. As per claim 1, Khan significantly teaches An apparatus comprising :a transmitter and one or more processors (base station 102 comprises controller 625, channel controller 635, transceiver interface (IF) 645, radio frequency (RF) transceiver unit 650, antenna array 655 and adaptive modulation and coding (AMC) unit 660. [Khan PP 0049]), wherein the one or more processors are configured to: identify a plurality of resource units (RUs) used for transmitting respective data streams within one or more wireless channels (In localized transmission mode, a contiguous or localized set of subcarriers is allocated for transmission... In distributed transmission mode, a distributed set of subcarriers is allocated for block transmission. [Khan PP 0060] Subcarriers in OFDM are analogous to RUs.); determine, based at least on a difference of values in signal quality between transmissions across the plurality of RUs, respective target code rates for the plurality of Rus (selecting a type of modulation and a coding rate based on a signal-to-interference-plus-noise ratio (SINR) variance. [Khan PP 0005], SINR variance classifier 665 is operable to classify SINR variances of subscriber stations 111-116 for base station 102 [Khan PP 0054], AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063]), wherein the respective target code rates are different from each other (AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063]) and wherein the transmitter is configured to transmit the respective encoded data streams using the plurality of respective RUs (Antenna array 655 transmits forward channel signals received from RF transceiver unit 650 to subscriber stations 111-116. [Khan PP 0051]). Khan does not explicitly teach “different from a base code rate of a low density parity check (LDPC) code; and encode, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates;” However, Andersson, in an analogous art, teaches different from a base code rate of a low density parity check (LDPC) code (LDPC codes for 802.11n are specified with 12 mother codes (3 different block lengths and 4 different rates). PCMs for all other block lengths and code rates needed are specified through rate matching mechanisms (including shortening, puncturing, and/or repetition) applied to one of the 12 mother codes [Andersson PP 0010], After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx). [Andersson PP 0014]); and encode, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates (The first node generates a codeword vector by encoding the set of information bits with an LDPC code. [Andersson PP 0046], The first node encodes information vector U with the PCM H. The encoding generates a codeword vector C of n bits. [Andersson PP 0064]); Therefore, It would have been obvious to one of ordinary skill in the art to modify the wireless communication system disclosed by Khan to incorporate Andersson's teaching of generating different code rates derived from a base LDPC code, in order to improve coding efficiency and system performance (Together, puncturing, shortening, and repetition change the number of coded bits from n to ntx. After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx). [Andersson PP 0028]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan's invention. As per claim 2, Khan significantly teaches wherein the difference in signal quality between the plurality of RUs is a difference in signal-to-noise ratio (SNR) between the transmissions across the plurality of RUs (The SNR variation in the frequency domain generally occurs due to channel multi-path delay spread, while the time variations are the result of Doppler effects caused by mobility [Khan PP 0041], Variations in SINR may occur due to bursty interference in neighboring cells, in addition to time and frequency fading of the channel [Khan PP 0044]). As per claim 4, Khan significantly teaches wherein the one or more processors are further configured to: select, based at least on the respective target code rates and the base code rate, respective sizes of information bits for the plurality of RUs (AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063] The equation relates coding rate to information block size B, teaching selection of information bits based on coding rate.). As per claim 5, Khan significantly teaches wherein the one or more processors are configured to: based at least on the respective sizes of information bits, split, by a physical (PHY) layer, a data stream into the respective data streams (Serial-to-parallel converter 210 converts (e.g., de-multiplexes) the serial symbols to parallel data, thereby producing N parallel symbol streams. [Khan PP 0036] Khan teaches a PHY layer component (serial-to-parallel converter) that splits a data stream into parallel streams, which inherently involves dividing based on symbol/information bit allocation.); and add, by the PH-Y layer, respective data to the respective data streams according to the selected respective sizes of information bits (Modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. [Khan PP 0036], AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063] Khan teaches that the PHY layer modulator processes information bits and the number of bits per symbol depends on M, which is selected based on coding rate and information block size B.). As per claim 6, Khan does not explicitly teach “wherein in encoding the respective data streams, the one or more processors are further configured to: determine a base size of information bits corresponding to the base code rate; generate, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits; encode, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data; and generate the respective encoded data stream by concatenating the second set of information bits and the parity data.” However, Andersson, in an analogous art, teaches wherein in encoding the respective data streams, the one or more processors are further configured to: determine a base size of information bits corresponding to the base code rate (The code rate (R) of PCM 5 is defined as the number of information bits k divided by the number of coded bits n, R=k/n [Andersson PP 0005]); generate, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits (generating an information vector from the set of information bits may comprise attaching (k−ktx) dummy bits to the set of ktx information bits to make an information vector U of k bits. The dummy bits are usually assigned a known value of “0” [Andersson PP 0062]); encode, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data (The first node encodes information vector U with the PCM H. The encoding generates a codeword vector C of n bits. [Andersson PP 0064], The first node generates a codeword vector by encoding the set of information bits with an LDPC code, wherein the codeword vector is composed of systematic bits and parity bits. [Andersson PP 0046]); and generate the respective encoded data stream by concatenating the second set of information bits and the parity data (Systematic encoding is used so that the codeword vector C is composed of two sets of bits: [systematic bits; parity bits] [Andersson PP 0064]). Therefore, It would have been obvious to one of ordinary skill in the art to modify the wireless communication system disclosed by Khan to incorporate Andersson's teaching of generating different code rates derived from a base LDPC code, in order to improve coding efficiency and system performance (Together, puncturing, shortening, and repetition change the number of coded bits from n to ntx. After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx). [Andersson PP 0028]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan's invention. As per claim 7, Khan significantly teaches wherein the one or more processors are further configured to encode the respective data streams serially or in parallel (modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. Modulator 205 modulates the input bits using modulation and coding that are selected based on SINR variance, as described in more detail below. Serial-to-parallel converter 210 converts (e.g., de-multiplexes) the serial symbols to parallel data, thereby producing N parallel symbol streams (where N is the IFFT/FFT size used in transmitter 200 and receiver 250). IFFT block 215 then performs an IFFT operation on the N parallel symbol streams to produce time-domain output signals. [Khan PP 0036] Khan teaches both serial modulation and parallel processing of multiple symbol streams, inherently supporting encoding respective data streams serially or in parallel.). As per claim 8, Khan significantly teaches wherein the one or more processors are further configured to multiplex the respective encoded data streams to perform a stream-wise modulation (modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. Modulator 205 modulates the input bits using modulation and coding that are selected based on SINR variance, as described in more detail below. Serial-to-parallel converter 210 converts (e.g., de-multiplexes) the serial symbols to parallel data, thereby producing N parallel symbol streams [Khan PP 0036], In localized transmission mode, a contiguous or localized set of subcarriers is allocated for transmission... In distributed transmission mode, a distributed set of subcarriers is allocated for block transmission. [Khan PP 0060]). As per claim 9, Khan significantly teaches a method comprising: identifying, by one or more processors, a plurality of resource units (RUs) used for transmitting respective data streams within one or more wireless channels (In localized transmission mode, a contiguous or localized set of subcarriers is allocated for transmission... In distributed transmission mode, a distributed set of subcarriers is allocated for block transmission. [Khan PP 0060] Subcarriers in OFDM are analogous to RUs.); determining, by the one or more processors based at least on a difference of values in signal quality between transmissions across the plurality of RUs, respective target code rates for the plurality of RUs (selecting a type of modulation and a coding rate based on a signal-to-interference-plus-noise ratio (SINR) variance. [Khan PP 0005], SINR variance classifier 665 is operable to classify SINR variances of subscriber stations 111-116 for base station 102 [Khan PP 0054], AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063]), wherein the respective target code rates are different from each other (AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063]) and transmitting, by a transmitter, the respective encoded data streams using respective RUs (Antenna array 655 transmits forward channel signals received from RF transceiver unit 650 to subscriber stations 111-116. [Khan PP 0051]). Khan does not explicitly teach “different from a base code rate of a low density parity check (LDPC) code; encoding, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates;” However, Andersson, in an analogous art, teaches different from a base code rate of a low density parity check (LDPC) code (LDPC codes for 802.11n are specified with 12 mother codes (3 different block lengths and 4 different rates). PCMs for all other block lengths and code rates needed are specified through rate matching mechanisms (including shortening, puncturing, and/or repetition) applied to one of the 12 mother codes [Andersson PP 0010], After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx). [Andersson PP 0014]); encoding, by an LDPC encoder using the LDPC code with the base code rate, the respective data streams to generate respective encoded data streams at the respective target code rates (The first node generates a codeword vector by encoding the set of information bits with an LDPC code. [Andersson PP 0046], The first node encodes information vector U with the PCM H. The encoding generates a codeword vector C of n bits. [Andersson PP 0064]); Therefore, It would have been obvious to one of ordinary skill in the art to modify the wireless communication system disclosed by Khan to incorporate Andersson's teaching of generating different code rates derived from a base LDPC code, in order to improve coding efficiency and system performance (Together, puncturing, shortening, and repetition change the number of coded bits from n to ntx. After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx). [Andersson PP 0028]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan's invention. As per claim 10, Khan significantly teaches wherein the difference in signal quality between the plurality of RUs is a difference in signal-to-noise ratio (SNR) between the transmissions across the plurality of RUs (The SNR variation in the frequency domain generally occurs due to channel multi-path delay spread, while the time variations are the result of Doppler effects caused by mobility [Khan PP 0041], Variations in SINR may occur due to bursty interference in neighboring cells, in addition to time and frequency fading of the channel [Khan PP 0044]). As per claim 12, Khan significantly teaches further comprising: selecting, based at least on the respective target code rates and the base code rate, respective sizes of information bits for the plurality of RUs (AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063] The equation relates coding rate to information block size B, teaching selection of information bits based on coding rate.). As per claim 13, Khan significantly teaches further comprising: based at least on the respective sizes of information bits, splitting, by a physical (PHY) layer, a data stream into the respective data streams (Serial-to-parallel converter 210 converts (e.g., de-multiplexes) the serial symbols to parallel data, thereby producing N parallel symbol streams. [Khan PP 0036] Khan teaches a PHY layer component (serial-to-parallel converter) that splits a data stream into parallel streams, which inherently involves dividing based on symbol/information bit allocation.); and adding, by the PHY layer, respective data to the respective data streams according to the selected respective sizes of information bits (Modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. [Khan PP 0036], AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063] Khan teaches that the PHY layer modulator processes information bits and the number of bits per symbol depends on M, which is selected based on coding rate and information block size B.). As per claim 14, Khan does not explicitly teach “wherein encoding the respective data streams comprises: determining a base size of information bits corresponding to the base code rate; generating, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits; encoding, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data; and generating the respective encoded data stream by concatenating the second set of information bits and the parity data.” However, Andersson, in an analogous art, teaches wherein encoding the respective data streams comprises: determining a base size of information bits corresponding to the base code rate (The code rate (R) of PCM 5 is defined as the number of information bits k divided by the number of coded bits n, R=k/n [Andersson PP 0005]); generating, from each respective data stream, a second set of information bits to include a first set of information bits corresponding to the selected respective size of information bits and one or more bits to increase a size of the second set of information to correspond to the base size of information bits (generating an information vector from the set of information bits may comprise attaching (k−ktx) dummy bits to the set of ktx information bits to make an information vector U of k bits. The dummy bits are usually assigned a known value of “0” [Andersson PP 0062]); encoding, by the LDPC encoder using the base code rate, the second set of information bits to generate parity data (The first node encodes information vector U with the PCM H. The encoding generates a codeword vector C of n bits. [Andersson PP 0064], The first node generates a codeword vector by encoding the set of information bits with an LDPC code, wherein the codeword vector is composed of systematic bits and parity bits. [Andersson PP 0046]); and generating the respective encoded data stream by concatenating the second set of information bits and the parity data (Systematic encoding is used so that the codeword vector C is composed of two sets of bits: [systematic bits; parity bits] [Andersson PP 0064]). Therefore, It would have been obvious to one of ordinary skill in the art to modify the wireless communication system disclosed by Khan to incorporate Andersson's teaching of generating different code rates derived from a base LDPC code, in order to improve coding efficiency and system performance (Together, puncturing, shortening, and repetition change the number of coded bits from n to ntx. After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx). [Andersson PP 0028]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan's invention. As per claim 15, Khan significantly teaches wherein encoding the respective data streams comprises: encoding the respective data streams serially or in parallel (modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. Modulator 205 modulates the input bits using modulation and coding that are selected based on SINR variance, as described in more detail below. Serial-to-parallel converter 210 converts (e.g., de-multiplexes) the serial symbols to parallel data, thereby producing N parallel symbol streams (where N is the IFFT/FFT size used in transmitter 200 and receiver 250). IFFT block 215 then performs an IFFT operation on the N parallel symbol streams to produce time-domain output signals. [Khan PP 0036] Khan teaches both serial modulation and parallel processing of multiple symbol streams, inherently supporting encoding respective data streams serially or in parallel.). As per claim 16, Khan significantly teaches further comprising: multiplexing the respective encoded data streams to perform a stream-wise modulation (modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. Modulator 205 modulates the input bits using modulation and coding that are selected based on SINR variance, as described in more detail below. Serial-to-parallel converter 210 converts (e.g., de-multiplexes) the serial symbols to parallel data, thereby producing N parallel symbol streams [Khan PP 0036], In localized transmission mode, a contiguous or localized set of subcarriers is allocated for transmission... In distributed transmission mode, a distributed set of subcarriers is allocated for block transmission. [Khan PP 0060]). As per claim 17, Khan significantly teaches An apparatus comprising: a transmitter and one or more processors (base station 102 comprises controller 625, channel controller 635, transceiver interface (IF) 645, radio frequency (RF) transceiver unit 650, antenna array 655 and adaptive modulation and coding (AMC) unit 660. [Khan PP 0049]), wherein the one or more processors are configured to: identify a plurality of resource units (RUs) used for transmitting respective data streams within one or more wireless channels (In localized transmission mode, a contiguous or localized set of subcarriers is allocated for transmission … In distributed transmission mode, a distributed set of subcarriers is allocated for block transmission [Khan PP 0060]); determine, based at least on a difference of values in signal quality between transmissions across the plurality of RUs, respective numbers of bits for the plurality of RUs (selecting a type of modulation and a coding rate based on a signal-to-interference-plus-noise ratio (SINR) variance. [Khan PP 0005], SINR variance classifier 665 is operable to classify SINR variances of subscriber stations 111-116 for base station 102 [Khan PP 0054], AMC unit 660 is operable to determine the coding rate based on the following equation: [mathematical formula - see original document] where B is the information block size in bits, M is the modulation order, and Nsymb is the available modulation symbols to transmit the B bits [Khan PP 0063]) and modulate, using the respective numbers of bits, the respective data streams to generate respective modulated data streams (modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. [Khan PP 0036], For one embodiment, modulator 205 comprises a quadrature amplitude modulation (QAM) modulator [Khan PP 0033]), wherein the transmitter is configured to transmit the respective modulated data streams using respective RUs (Antenna array 655 transmits forward channel signals received from RF transceiver unit 650 to subscriber stations 111-116 [Khan PP 0051]). Khan does not explicitly teach “wherein the respective numbers of bits are different from each other;” However, Andersson, in an analogous art, teaches wherein the respective numbers of bits are different from each other (Together, puncturing, shortening, and repetition change the number of coded bits from n to ntx. After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx) [Andersson PP 0014]); Therefore, It would have been obvious to one of ordinary skill in the art to modify the wireless communication system disclosed by Khan to incorporate Andersson's teaching of generating different code rates derived from a base LDPC code, in order to improve coding efficiency and system performance (Together, puncturing, shortening, and repetition change the number of coded bits from n to ntx. After rate matching is applied, the native code size (k, n) defined by the PCM is modified to an actual code size (ktx, ntx). [Andersson PP 0028]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan's invention. As per claim 18, Khan significantly teaches wherein the difference in signal quality between the plurality of RUs is a difference in signal-to-noise ratio (SNR) between the transmissions across the plurality of RUs (The SNR variation in the frequency domain generally occurs due to channel multi-path delay spread, while the time variations are the result of Doppler effects caused by mobility [Khan PP 0041], Variations in SINR may occur due to bursty interference in neighboring cells, in addition to time and frequency fading of the channel [Khan PP 0044]). As per claim 19, Khan significantly teaches wherein in modulating the respective data streams, the one or more processors are configured to perform, for each RU, a quadrature amplitude modulation (QAM) using the respective number of bits as a number of bits per symbol (modulator 205 receives a set of information bits and modulates the input bits to produce a sequence of frequency-domain modulation symbols. [Khan PP 0036], For one embodiment, modulator 205 comprises a quadrature amplitude modulation (QAM) modulator [Khan PP 0033] Khan teaches QAM modulation where the modulator maps bits to modulation symbols. The number of bits per symbol is inherently determined by the modulation order, which is selected based on channel conditions). Claim(s) [ 3, 11, 20 ] are rejected under 35 U.S.C. 103 as being unpatentable over [ Khan, in view of Andersson, in further view of Han et al. (EP 3461209), hereinafter "Han" ]. As per claim 3, Khan in view of Andersson do not explicitly teach “wherein the one or more processors are further configured to: receive a data stream; determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different data types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams.” However, Han, in an analogous art, teaches wherein the one or more processors are further configured to: receive a data stream (The terminal device has functions such as data sending, data reception, and measurement [Han PP 0073]); determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream (A MAC layer has a priority-based scheduling function and logical channel multiplexing and demultiplexing functions [Han PP 0004], The QCI indicates one or more of counters such as a priority, a delay, and a packet loss rate. [Han PP 0217]); based at least on the different data types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams (The MAC layer performs scheduling and multiplexing on data of a plurality of logical channels LCHs to obtain a Media Access Control protocol data unit MAC PDU [Han PP 0180], Different flows are differentiated from each other [Han PP 0182]). Therefore It would have been obvious to one of ordinary skill in the art to modify the system disclosed by Khan and Andersson to incorporate Han's teaching of QoS-based MAC layer splitting, in order to improve data stream differentiation and prioritization (The MAC layer performs scheduling and multiplexing on data of a plurality of logical channels LCHs to obtain a Media Access Control protocol data unit MAC PDU. [Han PP 0182]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan and Andersson's invention. As per claim 11, Khan in view of Andersson do not explicitly teach “further comprising: receiving a data stream; determining, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different data types, the different levels of priority or the different levels of QoS, splitting, by the MAC layer, the data stream into the respective data streams.” However, Han, in an analogous art, teaches further comprising: receiving a data stream (The terminal device has functions such as data sending, data reception, and measurement [Han PP 0073]); determining, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream (A MAC layer has a priority-based scheduling function and logical channel multiplexing and demultiplexing functions [Han PP 0004], The QCI indicates one or more of counters such as a priority, a delay, and a packet loss rate. [Han PP 0217]); based at least on the different data types, the different levels of priority or the different levels of QoS, splitting, by the MAC layer, the data stream into the respective data streams (The MAC layer performs scheduling and multiplexing on data of a plurality of logical channels LCHs to obtain a Media Access Control protocol data unit MAC PDU [Han PP 0180], Different flows are differentiated from each other [Han PP 0182]). Therefore It would have been obvious to one of ordinary skill in the art to modify the system disclosed by Khan and Andersson to incorporate Han's teaching of QoS-based MAC layer splitting, in order to improve data stream differentiation and prioritization (The MAC layer performs scheduling and multiplexing on data of a plurality of logical channels LCHs to obtain a Media Access Control protocol data unit MAC PDU. [Han PP 0182]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan and Andersson's invention. As per claim 20, Khan in view of Andersson do not explicitly teach “wherein the one or more processors are configured to: receive a data stream; determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream; based at least on the different data types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams.” However, Han, in an analogous art, teaches wherein the one or more processors are configured to: receive a data stream (The terminal device has functions such as data sending, data reception, and measurement [Han PP 0073]); determine, by a medium access control (MAC) layer, (1) different traffic types of the data stream, (2) different levels of priority of the data stream or (3) different levels of quality of service (QoS) of the data stream (A MAC layer has a priority-based scheduling function and logical channel multiplexing and demultiplexing functions [Han PP 0004], The QCI indicates one or more of counters such as a priority, a delay, and a packet loss rate. [Han PP 0217]); based at least on the different data types, the different levels of priority or the different levels of QoS, split, by the MAC layer, the data stream into the respective data streams (The MAC layer performs scheduling and multiplexing on data of a plurality of logical channels LCHs to obtain a Media Access Control protocol data unit MAC PDU [Han PP 0180], Different flows are differentiated from each other [Han PP 0182]). Therefore It would have been obvious to one of ordinary skill in the art to modify the system disclosed by Khan and Andersson to incorporate Han's teaching of QoS-based MAC layer splitting, in order to improve data stream differentiation and prioritization (The MAC layer performs scheduling and multiplexing on data of a plurality of logical channels LCHs to obtain a Media Access Control protocol data unit MAC PDU. [Han PP 0182]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Khan and Andersson's invention. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEM FUAD ALHWAMDEH whose telephone number is (571)272-5501. The examiner can normally be reached Mon-Fri 7:30-5:00. 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, Albert Decady can be reached at (571) 272-3819. 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. /KAREEM FUAD ALHWAMDEH/Examiner, Art Unit 2112 /ALBERT DECADY/Supervisory Patent Examiner, Art Unit 2112
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Prosecution Timeline

Oct 08, 2024
Application Filed
Feb 11, 2026
Non-Final Rejection mailed — §103, §DP
May 08, 2026
Applicant Interview (Telephonic)
May 08, 2026
Examiner Interview Summary
May 11, 2026
Response Filed
Aug 13, 2026
Final Rejection mailed — §103, §DP (current)

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100%
Grant Probability
99%
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1y 10m (~0m remaining)
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