Prosecution Insights
Last updated: May 29, 2026
Application No. 17/738,489

Communications Method and Apparatus, and Device

Non-Final OA §103
Filed
May 06, 2022
Priority
Nov 07, 2019 — CN 201911084273.8 +1 more
Examiner
MANOHARAN, MUTHUSWAMY GANAPATHY
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
4 (Non-Final)
65%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
412 granted / 630 resolved
+3.4% vs TC avg
Strong +17% interview lift
Without
With
+16.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
30 currently pending
Career history
675
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
94.0%
+54.0% vs TC avg
§102
4.7%
-35.3% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 630 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 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. Claim(s) 6, 7, 9, 10-11, 17, 20-27, 28, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo (hereinafter Guo)(CN 110035401)(also translation in US 2020/0389811) in view of Patra et al. (hereinafter Patra)(US 2020/0213814) and Anchan et al. (hereinafter Anehan)((9628935). Regarding claim 6, Guo teaches a communications method implemented by a network device, wherein the communications method comprises: receiving, using a policy session corresponding to a second multicast session of a multicast service, an updated policy and charging control (PCC) rule of the multicast service(fig. 3, item 303, send the at least one PCC rule; also Fig. 11; also Page 7, MBMS session PCF entity determines to modify the QoS rule of the PDU session; PCF entity generates one PCC rule and PCC rule transmitted to the SMF entity); based on the updated PCC rule(Page 7, PCF entity determines the QoS rule to modify PCF entity generates PCC rule). Guo did not teach specifically sending, to a first base station corresponding to a first multicast session of the multicast service, first update information of the first multicast session based on the updated rule, wherein the second multicast session comprises the first multicast session, and wherein the policy session is in a one-to-one correspondence with the second multicast session. However, Patra teaches in an analogous art sending, to a first base station corresponding to a first multicast session of the multicast service, first update information of the first multicast session based on the updated rule, wherein the second multicast session comprises the first multicast session, and wherein the policy session is in a one-to-one correspondence with the second multicast session(Fig. 8, 818, 822, 824, MBMS session update; also Fig. 9, 10, item 1006, MBMS update; P[0110], updates the QoS parameters and forwarding the MBMS session update message to eNB). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the method of sending, to a first base station corresponding to a first multicast session of the multicast service, first update information of the first multicast session based on the updated rule, wherein the second multicast session comprises the first multicast session, and wherein the policy session is in a one-to-one correspondence with the second multicast session in order to have efficient management of Quality of service. The combination of Guo and Patra did not teach specifically receiving from the first base station when the first multicast session fails to successfully update, receiving, from the first base station, second indication information indicating that the first multicast session has failed to update, wherein the first multicast session fails to update when the data of the first multicast session is sent to the terminal device in a unicast form, a unicast resource fails to be allocated to the terminal device, and the terminal device is not configured to receive the first multicast session in a multicast form. However, Anchan teaches in an analogous art receiving from the first base station when the first multicast session fails to successfully update, second indication information indicating that the first multicast session has failed to update, wherein the first multicast session fails to update when the data of the first multicast session is sent to the terminal device in a unicast form, a unicast resource fails to be allocated to the terminal device, and the terminal device is not configured to receive the first multicast session in a multicast form (claims 1-3; (claims 1-3; claim 1, loss of multicast coverage and therefore the first multicast session has failed and the terminal is not configured to receive the first multicast session in a multicast form and no update took place because of loss of coverage; sending information to server in reserving resources for the second unicast service…implies the first unicast failed to be allocated to the terminal device; server is notified via base station). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the method receiving from the first base station when the first multicast session fails to successfully update, second indication information indicating that the first multicast session has failed to update, wherein the first multicast session fails to update when the data of the first multicast session is sent to the terminal device in a unicast form, a unicast resource fails to be allocated to the terminal device, and the terminal device is not configured to receive the first multicast session in a multicast form in order to provide efficient update. Regarding claim 7, Guo in view of Patra teaches wherein the first multicast session corresponds to a plurality of base stations comprising the first base station, and wherein the communications method further comprises sending, to a second base station of the base stations, the first update information(Fig. 10, 200a, 200b, s00c are base stations; MBMS update to second base station). Regarding claim 9, Guo in view of Patra teaches, to a third base station corresponding to a third multicast session of the multicast service, second update information of the third multicast session, wherein the second multicast session further comprises the third multicast session(Figs 9-10; plurality of base stations; MBMS update) Regarding claim 10, Guo in view of Patra teaches the communications method of claim 6, wherein the network device is a session management function (SMF) network element or a multicast control function (MCF) network element(Guo: Figs 1-11, SMF; Patra: MCE in fig. 10) Regarding claim 11, Guo in view of Patra teaches wherein the network device is a session management function (SMF) network element, and wherein the communications method further comprises: receiving, from the first base station when the first multicast session successfully updates, first indication information indicating that the first multicast session has successfully updated(Patra: Figs. 9-10; session update response). Regarding claim 17, Guo teaches a communications system comprising a network device configured to: receive, using a policy session corresponding to a second multicast session of a multicast service, an updated policy and charging control (PCC) rule of the multicast service(fig. 3, item 303, send the at least one PCC rule; also Fig. 11; also Page 7, MBMS session PCF entity determines to modify the QoS rule of the PDU session; PCF entity generates one PCC rule and PCC rule transmitted to the SMF entity); based on the updated PCC rule(Page 7, PCF entity determines the QoS rule to modify PCF entity generates PCC rule). Guo did not teach specifically, wherein the second multicast session comprises the first multicast session, and wherein the policy session is in a one-to-one correspondence with the second multicast session; and a base station communicatively coupled to the network device and configured to: receive the update information; and send, based on the update information and to a terminal device joining the first multicast session, radio bearer information to receive data of the first multicast session in a multicast form. However, Patra teaches in an analogous art wherein the second multicast session comprises the first multicast session, and wherein the policy session is in a one-to-one correspondence with the second multicast session; and a base station communicatively coupled to the network device and configured to: receive the update information; and send, based on the update information and to a terminal device joining the first multicast session, radio bearer information to receive data of the first multicast session in a multicast form (Fig. 8, 818, 822, 824, MBMS session update; also Fig. 9, 10, item 1006, MBMS update; P[0110], updates the QoS parameters and forwarding the MBMS session update message to eNB; P[0069, 0112], modifying the QoS parameters of the access network(radio access) associated with the UE, according to an embodiment as disclosed herein. The proposed method can be used to update the QoS parameters at the access network.). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the system, wherein the second multicast session comprises the first multicast session, and wherein the policy session is in a one-to-one correspondence with the second multicast session; and a base station communicatively coupled to the network device and configured to: receive the update information; and send, based on the update information and to a terminal device joining the first multicast session, radio bearer information to receive data of the first multicast session in a multicast form in order to have efficient management of Quality of service. Claims 20, 28, 31 are rejected for the same reason as set forth in claims 10, 17, 10 respectively., Regarding claim 21-22, Patra teaches, wherein the communications method further comprises: sending, to the first base station, an instruction to send data based on the first update information of the first multicast session to a terminal device in a multicast form when a strength of a radio signal received by the terminal device meets a threshold strength; and sending, to the first base station, an instruction to send the data based on the first update information of the first multicast session to the terminal device in a unicast form when a strength of the radio signal received by the terminal device does not meet the threshold strength(P[0048, 0054], QoS parameters such as high popularity index of MBMS service, packet loss, bit rate, etc; identified based on low QoS value; one of the QoS parameters below threshold value; report includes RSSI data and popularity index is determined). Claims 23-26 are rejected for the same reason as set forth in claims 6-10 respectively. Regarding claim 27, Guo in view of Patra teaches the communications method of claim, wherein the network device is a session management function (SMF) network element, and wherein the communications method further comprises: receiving, from the first base station, when the first multicast session successfully updates, first indication information indicating that the first multicast session has successfully updated(Fig. 9-10; update response). Claim(s) 18, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over (hereinafter Guo)(CN 110035401)(also translation in US 2020/0389811) in view of Patra et al. (hereinafter Patra)(US 2020/0213814), Anchan et al. (hereinafter Anehan)((9628935) and Walker et al. (hereinafter Walker)(US 2012/0269110). Regarding claim 18, 29 Guo in view of Patra and Anchan teaches all the particulars of the claim except , wherein the update information comprises one or more of first quality of service (QoS) information of a first multicast QoS flow that is newly added to the multicast session and a first identifier of the first multicast QoS flow; a second identifier of a second multicast QoS flow that is deleted from the multicast session; or second QoS information of an updated multicast QoS flow in the multicast session and a third identifier of the updated multicast QoS flow. However, Walker teaches in an analogous art , wherein the update information comprises one or more of first quality of service (QoS) information of a first multicast QoS flow that is newly added to the multicast session and a first identifier of the first multicast QoS flow; a second identifier of a second multicast QoS flow that is deleted from the multicast session; or second QoS information of an updated multicast QoS flow in the multicast session and a third identifier of the updated multicast QoS flow(Fig. 8A, 8B; multicast transmission using the updated QoS to a mobile entity; also P[0073]; P0075], QoS class identifier). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the system, wherein the update information comprises one or more of first quality of service (QoS) information of a first multicast QoS flow that is newly added to the multicast session and a first identifier of the first multicast QoS flow; a second identifier of a second multicast QoS flow that is deleted from the multicast session; or second QoS information of an updated multicast QoS flow in the multicast session and a third identifier of the updated multicast QoS flow in order to provide efficient update. Claim(s) 19, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo (hereinafter Guo)(CN 110035401)(also translation in US 2020/0389811) in view of Patra et al. (hereinafter Patra)(US 2020/0213814), Anchan et al. (hereinafter Anehan)((9628935) and Sun et al. (hereinafter Sun)(WO 2004/045165) Regarding claim 19, 30, Guo in view of Patra and Anchan teaches all the particulars of the claim except wherein the base station is further configured to: determine a context of the terminal device based on an identifier of the terminal device; and further send the radio bearer information to the terminal device based on the context. However, Sun teaches in an analogous art wherein the base station is further configured to: determine a context of the terminal device based on an identifier of the terminal device; and further send the radio bearer information to the terminal device based on the context(col 8. Lines 10-23; MBMS context update request; context message includes UE ID; informs the UE of the radio bearer specifically for the service). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the system wherein the base station is further configured to: determine a context of the terminal device based on an identifier of the terminal device; and further send the radio bearer information to the terminal device based on the context in order to provide efficient update. Applicant's arguments filed 9/17/2025 have been fully considered but they are not persuasive. In response to applicant’s argument examiner respectfully submits the following: Claims are part of the specification and the prior art by Anchan et al. published on April, 18, 2017. The priority date for the instant application is Nov 7, 2019. Anchan teaches receiving from the first base station when the first multicast session fails to successfully update, second indication information indicating that the first multicast session has failed to update, wherein the first multicast session fails to update when the data of the first multicast session is sent to the terminal device in a unicast form, a unicast resource fails to be allocated to the terminal device, and the terminal device is not configured to receive the first multicast session in a multicast form (claims 1-3; claim 1, loss of multicast coverage and therefore the first multicast session has failed and the terminal is not configured to receive the first multicast session in a multicast form and no update took place because of loss of coverage; sending information to server in reserving resources for the second unicast service…implies the first unicast failed to be allocated to the terminal device; server is notified by the UE via base station). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MUTHUSWAMY GANAPATHY MANOHARAN whose telephone number is (571)272-5515. The examiner can normally be reached 6:30am-3:00pm. 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, Alison T Slater can be reached on 571-270-0375. 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. /MUTHUSWAMY G MANOHARAN/ Primary Examiner, Art Unit 2647
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Prosecution Timeline

Show 7 earlier events
Jun 16, 2025
Request for Continued Examination
Jun 17, 2025
Response after Non-Final Action
Jul 14, 2025
Non-Final Rejection mailed — §103
Sep 15, 2025
Response Filed
Nov 13, 2025
Final Rejection mailed — §103
Jan 22, 2026
Interview Requested
Feb 09, 2026
Response after Non-Final Action
Feb 12, 2026
Applicant Interview (Telephonic)

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

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Prosecution Projections

4-5
Expected OA Rounds
65%
Grant Probability
82%
With Interview (+16.6%)
3y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 630 resolved cases by this examiner. Grant probability derived from career allowance rate.

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