Prosecution Insights
Last updated: October 01, 2026
Application No. 19/064,016

Polar Code Segment Encoding Method and Communication Device

Final Rejection §DP
Filed
Feb 26, 2025
Priority
Sep 27, 2019 — CN 201910927225.4 +3 more
Examiner
MALEK, LEILA
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
1y 3m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
566 granted / 708 resolved
+19.9% vs TC avg
Moderate +8% lift
Without
With
+7.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
15 currently pending
Career history
724
Total Applications
across all art units

Statute-Specific Performance

§101
9.3%
-30.7% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 708 resolved cases

Office Action

§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 . Terminal Disclaimer The terminal disclaimer filed on 07/10/2026 has been reviewed and is accepted. The terminal disclaimer has been recorded. No Terminal disclaimer has been filed to overcome the double patenting rejection over claims 1 and 20 of U.S. Patent No. 11,888,614. Therefore, this double patenting rejection is maintained. 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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 20 of U.S. Patent No. 11,888,614. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 20 of U.S. Patent No. 11,888,614 disclose all the subject matters claimed in claims 1, 5, 7, 8, 12, 14, 15, 18, and 20 of the instant application except for expressly disclosing performing segmentation of to-be-encoded information bits. However, this limitation is implicitly disclosed in claims 1 and 20 of Patent No. 11,888,614 (see claims 1 and 20, especially the last limitation). Furthermore, even though claims 1 and 20 of U.S. Patent No. 11,888,614 do not expressly disclose that the respective quantities of the different types of segments are determined based on the code rate, this limitation has been implicitly disclosed from claims 1 and 20, because claims 1 and 20 disclose determining the code length based on the code rate and then disclose determining the segment quantity based on the code length. Therefore, the segment quantity has been derived based on the code rate (see the table below that shows the comparison between claims 1, 5, and 7 of the instant application and claim 1 of U.S. Patent No. 11,888,614). The same comparison applies to claims 8, 12, 14, 15, 18, and 20 of the instant application and claim 20 of U.S. Patent No. 11,888,614. Claims 1 and 20 of U.S. Patent No. 11,888,614 do not expressly disclose the subject matters claimed in claims 2, 6, 9, 13, 16, and 19 of the instant application. However, since claims 1 and 20 of U.S. Patent No. 11,888,614 disclose that a and b are positive integers, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention was made, to try to modify the teachings of claims 1 and 20 of U.S. Patent No. 11,888,614 and choose the values of a and b in a way that the maximum segment code length is equal to 1024 and (b – a + 1) types of segment code lengths comprise: 1024, 512, 256, and 128 in order to meet the design requirements of the system and increase the performance of the communication system. Claims 1 and 20 of U.S. Patent No. 11,888,614 do not expressly disclose the subject matters disclosed in claims 3, 4, 10, 11, and 17 of the instant application. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 1 and 20 of U.S. Patent No. 11,888,614 and choose “0” as the quantity of the maximum or minimum length segments in order to meet the design requirements of the system and increase the performance of the communication system. Instant Application 11,888,614 1. A polar code segment encoding method, comprising: performing segmentation of to-be-encoded information bits into respective quantities of different types of segments, wherein: the different types of segments are among (b - a + 1) types of segments that correspond to (b - a + 1) different segment code lengths, wherein: a and b are positive integers, the (b - a + 1) types of segments comprise a minimum-length segment that has the minimum segment code length of 2^a among the (b - a + 1) types of segment code lengths, and a maximum-length segment that has the maximum segment code length of 2^b among the (b - a + 1) types of segment code lengths, the respective quantities of the different types of segments are determined based on a length of the to-be-encoded information bits and a code rate, wherein the respective quantities of the different types of segments are determined by firstly determining a quantity of the maximum- length segments and lastly determining a quantity of the minimum-length segments, and performing polar code encoding on the respective quantities of the different types of segments of the to-be-encoded information bits to obtain encoded output bits. 2. The method according to claim 1, wherein the maximum-length segment that has the maximum segment code length of 2^b is 1024. 3. The method according to claim 1, wherein the quantity of the maximum-length segments is 0. 4. The method according to claim 1, wherein the quantity of the minimum-length segments is 0. 5. The method according to claim 1, wherein the (b - a + 1) types of segments comprise a segment that has a segment code length of 2^c among the (b - a + 1) types of segment code lengths, and a ≤ c ≤b,c is a positive integer. 6. The method according to claim 1, wherein the (b - a + 1) types of segment code lengths comprise: 1024, 512, 256, and 128. 7. The method according to claim 1, wherein the respective quantities of the different types of segments are determined by firstly determining the quantity of the maximum-length segments and lastly determining the quantity of the minimum-length segments, and: after firstly determining the quantity of the maximum-length segments and before lastly determining the quantity of the minimum-length segments, determining a quantity of a segment that is not the maximum-length segment or the minimum-length segment among the (b - a + 1) types of segments. 8. A communication device, comprising at least one memory and at least one processor, wherein the at least one memory is coupled to the at least one processor and storing programming instructions for execution by the at least one processor to perform operations comprising: performing segmentation of to-be-encoded information bits of a length N into respective quantities of different types of segments, wherein: the different types of segments are among (b - a + 1) types of segments that correspond to (b - a + 1) different segment code lengths, wherein: a and b are positive integers, the (b - a + 1) types of segments comprise a minimum-length segment that has the minimum segment code length of 2^a among the (b - a + 1) types of segment code lengths, and a maximum-length segment that has the maximum segment code length of 2^b among the (b - a + 1) types of segment code lengths, and the respective quantities of the different types of segments are determined based on the length N of the to-be-encoded information bits and a code rate, wherein the respective quantities of the different types of segments are determined by firstly determining a quantity of the maximum-length segments and lastly determining a quantity of the minimum-length segments, and performing polar code encoding on the respective quantities of the different types of segments of the to-be-encoded information bits to obtain encoded output bits. 9. The communication device according to claim 8, wherein the maximum-length segment that has the maximum segment code length of 2^b is 1024. 10. The communication device according to claim 8, wherein the quantity of the maximum- length segments is 0. 11. The communication device according to claim 8, wherein the quantity of the minimum- length segments is 0. 12. The communication device according to claim 8, wherein the (b - a + 1) types of segments comprise a segment that has a segment code length of 2^c among the (b - a + 1) types of segment code lengths, and a ≤ c ≤ b, c is a positive integer. 13. The communication device according to claim 8, wherein the (b - a + 1) types of segment code lengths comprise: 1024, 512, 256, and 128. 14. The communication device according to claim 8, wherein the respective quantities of the different types of segments are determined by firstly determining the quantity of the maximum- length segments and lastly determining the quantity of the minimum-length segments, and after firstly determining the quantity of the maximum-length segments and before lastly determining the quantity of the minimum-length segments, determining a quantity of a segment that is not the maximum-length segment or the minimum-length segment among the (b - a + 1) types of segments. 15. A non-transitory computer-readable storage medium comprising instructions which, when executed by an apparatus, cause the apparatus to perform operations comprising: performing segmentation of to-be-encoded information bits of a length N into respective quantities of different types of segments, wherein: the different types of segments are among (b - a + 1) types of segments that correspond to (b - a + 1) different segment code lengths, wherein: a, b, and N are positive integers, the (b - a + 1) types of segments comprise a minimum-length segment that has the minimum segment code length of 2^a the (b - a + 1) types of segment code lengths, and a maximum-length segment that has the maximum segment code length of 2^b among the (b - a + 1) types of segment code lengths, and the respective quantities of the different types of segments are determined based on the length N of the to-be-encoded information bits and a code rate, wherein the respective quantities of the different types of segments are determined by firstly determining a quantity of the maximum-length segments and lastly determining a quantity of the minimum-length segments, and performing polar code encoding on the respective quantities of the different types of segments of the to-be-encoded information bits to obtain encoded output bits. 16. The non-transitory computer-readable storage medium according to claim 15, wherein the maximum-length segment that has the maximum segment code length of 2^b is 1024. 17. The non-transitory computer-readable storage medium according to claim 15, wherein the quantity of the maximum-length segments is 0 or the quantity of the minimum-length segments is 0. 18. The non-transitory computer-readable storage medium according to claim 15, wherein the (b - a + 1) types of segments comprise a segment that has a segment code length of 2^c among the (b - a + 1) types of segment code lengths, and a ≤ c ≤b, c is a positive integer. 19. The non-transitory computer-readable storage medium according to claim 15, wherein the (b - a + 1) types of segment code lengths comprise: 1024, 512, 256, and 128. 20. The non-transitory computer-readable storage medium according to claim 15, wherein the respective quantities of the different types of segments are determined by firstly determining the quantity of the maximum-length segments and lastly determining the quantity of the minimum- length segments, and after firstly determining the quantity of the maximum-length segments and before lastly determining the quantity of the minimum-length segments, determining a quantity of a segment that is not the maximum-length segment or the minimum-length segment among the (b - a + 1) types of segments. 1. A polar code segment encoding method, comprising: determining, based on a length of to-be-encoded information bits and a code rate, a code length N after encoding the to-be-encoded information bits, wherein N is a positive integer; determining, based on N, a minimum segment code length, a maximum segment code length, a reserved segment quantity of each type of segments in segments of b-a+1 types of segment code lengths and a reserved code length corresponding to N, wherein a value of the minimum segment code length is 2^a, a value of the maximum segment code length is 2^b, the b-a+1 types of segment code lengths of the segments are 2^c, a, b, and c are positive integers, a<b, and a≤c≤b; determining a segment quantity of each type of segments based on N, the reserved code length, a segment code length of each type of segments, the reserved segment quantity of each type of segments and the segment code lengths from a largest to a smallest, wherein a sum of segment quantities of all types of segments is equal to S, N corresponds to S segments, and a first segment code length of an ith segment in the S segments is greater than or equal to a second segment code length of an (i+1)th segment in the S segments; determining a target information bit length of each segment based on the code rate and the segment code length of each segment in the S segments; and performing polar code encoding on the to-be-encoded information bits based on the target information bit length of each segment. 20. A communication device, comprising: a memory configured to store instructions; and a processor coupled to the memory, wherein when executed by the processor, the instructions cause the communication device to: determine, based on a length of to-be-encoded information bits and a code rate, a code length N after encoding, wherein N is a positive integer; determine, based on N, a minimum segment code length, a maximum segment code length, a reserved segment quantity of each type of segments in segments of b−a+1 types of segment code lengths and a reserved code length corresponding to N, wherein a value of the minimum segment code length is 2^a, a value of the maximum segment code length is 2^b, the b−a+1 types of segment code lengths of the segments are 2^c, a, b, and c are positive integers, a<b, and a≤c≤b; determine a segment quantity of each type of segments based on N, the reserved code length, a segment code length of each type of segments, the reserved segment quantity of each type of segments and the segment code lengths from a largest to a smallest, wherein a sum of segment quantities of all types of segments is equal to S, N corresponds to S segments, and a first segment code length of an i.sup.th segment in the S segments is greater than or equal to a second segment code length of an (i+1).sup.th segment in the S segments; determine a target information bit length of each segment based on the code rate and the segment code length of each segment in the S segments; and perform polar code encoding on the to-be-encoded information bits based on the target information bit length of each segment. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEILA MALEK whose telephone number is (571)272-8731. The examiner can normally be reached Monday-Friday 8:30am-4:30pm. 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, Chieh Fan can be reached on 571-272-3042. 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. LEILA . MALEK Examiner Art Unit 2632 /LEILA MALEK/Primary Examiner, Art Unit 2632
Read full office action

Prosecution Timeline

Feb 26, 2025
Application Filed
May 08, 2026
Non-Final Rejection mailed — §DP
Jul 10, 2026
Response Filed
Sep 10, 2026
Final Rejection mailed — §DP (current)

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
88%
With Interview (+7.6%)
2y 10m (~1y 3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 708 resolved cases by this examiner. Grant probability derived from career allowance rate.

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