Prosecution Insights
Last updated: April 19, 2026
Application No. 17/634,510

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Feb 10, 2022
Examiner
DECKER, CASSANDRA L
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
5 (Non-Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
3y 1m
To Grant
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
346 granted / 479 resolved
+14.2% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
27 currently pending
Career history
506
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
31.2%
-8.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 479 resolved cases

Office Action

§103
DETAILED ACTION This Office action is in response to the RCE of 18 December 2025 and supplemental amendment filed 3 February 2026. Claims 13, 15, 17, 21, 23, 25, 27, 31, 32, 34-36, 38-40, and 42-46 are pending in this application. 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 December 2025 and 3 February 2026 has been entered. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 13, 21, 27, 31-32, 34-36, 38-40, and 42-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hakola et al. (US 2022/0232611) in view of Fu et al. (US 2023/0079660). For Claims 13 and 21, Hakola teaches a communication method, and a communication apparatus comprising a non-transitory memory storage comprising instructions; and one or more processors in communication with the memory storage (see paragraph 59: hardware), the method comprising: receiving bandwidth part (BWP) switching indication information in a slot n, wherein the BWP switching indication information comprises a first value and a minimum value of a first slot difference, wherein the first value is an interval between a first target slot and the slot n, the first target slot is a slot in which first data is transmitted, and the first data is scheduled by the BWP switching indication information (see paragraphs 71-73, 80, 92-93: scheduling, slot, minimum value; see paragraphs 83: BWP), wherein in response to the first data being downlink data, the first slot difference is K0 indicating an interval between a slot in which a physical downlink control channel (PDCCH) is received and a slot in which a physical downlink shared channel (PDSCH) scheduled by the PDCCH is transmitted (see paragraphs 72-73, 79), or in response to the first data being uplink data, the first slot difference is K2 indicating an interval between a slot in which a PDCCH is received and a slot in which a physical uplink shared channel (PUSCH) scheduled by the PDCCH is transmitted (see paragraphs 72-73, 79); determining the first target slot based on the first value and the slot n (see paragraphs 76, 78); and applying the minimum value of the first slot difference in a start position of the first target slot, wherein after the minimum value of the first slot difference is applied, a new interval between a slot in which new scheduling information is received and a slot in which a data scheduled by the new scheduling information is transmitted is no less than the minimum value of the first slot difference (see paragraphs 91-92: minimum slot offset). Hakola as applied above is not explicit as to, but Fu teaches the BWP switching indication information indicating both a minimum value of a first slot difference (see paragraphs 520-522) and indicating to a terminal device to switch an active BWP among a plurality of BWPs configured for the terminal device, each BWP being a subset of a system bandwidth configured by a network device for communication with the terminal device (see paragraphs 40, 526-528: UE configured with multiple BWPs, switching indication indicates switching active BWP). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to control BWP switching as in Fu when managing resources as in Hakola. The motivation would be to improve transmission performance and timing (see Fu, paragraph 125). For Claims 27 and 43, Hakola teaches a communication apparatus, comprising: a non-transitory memory storage comprising instructions; and one or more processors in communication with the memory storage (see paragraph 59, 62: hardware), wherein the instructions, when executed by the one or more processors, cause the apparatus to execute a method, the method comprising: determine bandwidth part (BWP) switching indication information, wherein the BWP switching indication information comprises a first value and a minimum value of a first slot difference, wherein the first value is an interval between a first target slot and a slot n, the first target slot is a slot in which first data is transmitted, and the first data is scheduled by the BWP switching indication (see paragraphs 71-73, 80, 92-93; abstract: network configures UE; paragraph 83: BWP), wherein in response to the first data being downlink data, the first slot difference is KO indicating an interval between a slot in which a physical downlink control channel (PDCCH) is received and a slot in which a physical downlink shared channel (PDSCH) scheduled by the PDCCH is transmitted (see paragraphs 72-73, 79), or in response to the first data being uplink data, the first slot difference is K2 indicating an interval between a slot in which a PDCCH is received and a slot in which a physical uplink shared channel (PUSCH) scheduled by the PDCCH is transmitted (see paragraphs 72-73, 79); and send the BWP switching indication information to a terminal device in the slot n (see paragraphs 76, 78; see abstract), wherein after the minimum value of the first slot difference is applied, and a new interval between a slot in which new scheduling information is received and a slot in which a data scheduled by the new scheduling information is transmitted is no less than the minimum value of the first slot difference (see paragraphs 91-92: minimum slot offset). Hakola as applied above is not explicit as to, but Fu teaches the BWP switching indication information indicating both a minimum value of a first slot difference (see paragraphs 520-522) and indicating to a terminal device to switch an active BWP among a plurality of BWPs configured for the terminal device, each BWP being a subset of a system bandwidth configured by a network device for communication with the terminal device (see paragraphs 40, 526-528: UE configured with multiple BWPs, switching indication indicates switching active BWP). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to control BWP switching as in Fu when managing resources as in Hakola. The motivation would be to improve transmission performance and timing (see Fu, paragraph 125). For Claims 31, 35, 39, and 44, Hakola further teaches the method, wherein the BWP switching indication information is used to indicate to perform BWP switching (see paragraph 83). For Claims 32, 36, 40, and 45, Hakola further teaches the method, wherein the first target slot is an effective timeslot of BWP switching (see paragraphs 83, 72-73: slot offset). For Claims 34, 38, 42, and 46, Hakola further teaches the method, wherein the BWP switching indication information is downlink control information (DCI) (see paragraphs 72-73). Claim(s) 15, 17, 23, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hakola et al. (US 2022/0232611) and Fu et al. (US2023/0079660) as applied to claims 13 and 21 above, and further in view of R1-1808887 (“Text proposal for DLUL data scheduling and HARQ procedure”, August 2018). For Claims 15 and 23, Hakola as applied above is not explicit as to, but R1-1808887 teaches the method comprising: determining the first target slot based on the first value and the slot n according to the following equation: A=floor(n dot 2^μ.sub.PDSCH / 2^μ.sub.PDCCH)+X, wherein the first data is downlink data, A is an index value of the first target slot, X is the first value, μ.sub.PDSCH is a numerology of a BWP on which the first data is located, and μ.sub.PDCCH is a numerology of a BWP on which the BWP switching indication information is located (see section 5.1.2.1). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to employ the equations for resource allocation as in the technical specification when implementing the method of Hakola. The motivation would be to accommodate the possibility of multi-slot scheduling. For Claims 17 and 25, Hakola as applied above is not explicit as to, but R1-1808887 teaches the method, comprising: determining the first target slot based on the first value and the slot n according to the following equation: A=floor(n dot 2^μ.sub.PUSCH / 2^μ.sub.PDCCH)+X, wherein the first data is uplink data, A is an index value of the first target slot, X is the first value, μ.sub.PUSCH is a numerology of a BWP on which the first data is located, and μ.sub.PDCCH is a numerology of a BWP on which the BWP switching indication information is located (see section 6.1.2.1). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to employ the equations for resource allocation as in the technical specification when implementing the method of Hakola. The motivation would be to accommodate the possibility of multi-slot scheduling. Response to Arguments The submissions of 18 December 2025 and 3 February 2026 have been entered. Applicant’s arguments with respect to rejections under 35 USC 103 have been fully considered, but are either not persuasive or moot in view of the new grounds of rejection introduced herein. The claims remain rejected under 35 USC 103. With regards to applying the minimum value of the first slot difference in a start position of the first target slot, please note that the cited paragraphs 91-92 do have this teaching, especially when taken in combination with other cited paragraphs (76, for example) relating to determining the first target slot. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liao et al. (US 2019/0103953) teaches a system in which a DCI indicates to a UE to switch an active BWP. Wang et al. (US 2023/0106098) teaches dynamic switching of an activated BWP by a UE. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA L DECKER whose telephone number is (571)270-3946. The examiner can normally be reached 7:30 am - 4:00 pm. 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, Faruk Hamza can be reached at 571-272-7969. 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. /CASSANDRA L DECKER/Examiner, Art Unit 2466 2/5/2026 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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Prosecution Timeline

Feb 10, 2022
Application Filed
Apr 03, 2024
Non-Final Rejection — §103
Jul 10, 2024
Response Filed
Aug 22, 2024
Final Rejection — §103
Oct 17, 2024
Applicant Interview (Telephonic)
Oct 18, 2024
Examiner Interview Summary
Nov 15, 2024
Response after Non-Final Action
Dec 05, 2024
Examiner Interview (Telephonic)
Dec 05, 2024
Response after Non-Final Action
Dec 30, 2024
Request for Continued Examination
Jan 13, 2025
Response after Non-Final Action
Mar 06, 2025
Non-Final Rejection — §103
Jun 17, 2025
Response Filed
Aug 12, 2025
Final Rejection — §103
Nov 18, 2025
Response after Non-Final Action
Dec 18, 2025
Request for Continued Examination
Dec 31, 2025
Response after Non-Final Action
Jan 08, 2026
Applicant Interview (Telephonic)
Jan 09, 2026
Examiner Interview Summary
Feb 11, 2026
Non-Final Rejection — §103 (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

5-6
Expected OA Rounds
72%
Grant Probability
88%
With Interview (+15.7%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 479 resolved cases by this examiner. Grant probability derived from career allow rate.

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