Prosecution Insights
Last updated: April 19, 2026
Application No. 17/984,600

SWITCHING METHOD AND APPARATUS

Non-Final OA §103
Filed
Nov 10, 2022
Examiner
ACOLATSE, KODZOVI
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
761 granted / 913 resolved
+25.4% vs TC avg
Strong +22% interview lift
Without
With
+22.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
63 currently pending
Career history
976
Total Applications
across all art units

Statute-Specific Performance

§101
5.0%
-35.0% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 913 resolved cases

Office Action

§103
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/17/2026 has been entered. 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 in this office action. Claims 1. 2, 7, 8, 11, 12, 17 and 18 have been amended. Response to Arguments Applicant’s arguments with respect to the amendment filed 02/17/2026 have been considered but are moot in view of new grounds of rejection. 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. Claims 1, 2, 4-8, 10-12, 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nam et al (US 2020/0245304 A1) in view of Jung et al (US 2023/0180199 A1). Regarding claim 1, Nam teaches a switching method, wherein the method comprises: receiving, by a first terminal device, bandwidth unit configuration information, wherein the bandwidth unit configuration information includes configuration information of a first bandwidth unit and configuration information of a second bandwidth unit (Nam: Figs. 9-11; [0098]-[0100], [0115]-[0117], terminal configured with groups of BWPs, Group 1/first bandwidth unit and Group 2/second bandwidth unit); and determining, by the first terminal device, to switch from the first bandwidth unit to the second bandwidth unit, wherein a switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit includes a first delay, the first delay being less than a second delay usable by a second terminal device to perform bandwidth unit switching (Nam: Figs. 9-11; [0107] UE switching between BWPs in the same group with a first switching delay that is less than the switching delay between BWPs form different groups). Nam does not explicitly disclose wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching. Jung teaches wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal (Jung: [0148], reduced capability UE having a bandwidth part switching delay relaxed/smaller than NR UEs/legacy UEs); the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching (Jung: [0142], Table 8.6.2-1; terminal device with different capabilities having plurality (N=4 in this case) BWP switch delay). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nam wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching as disclosed by Jung to provide a system for selective decoding of physical downlink control candidates (Jung: Abstract). Regarding claim 7, Nam teaches a switching method, comprising: sending, by a network device, bandwidth unit configuration information to a first terminal device, wherein the bandwidth unit configuration information includes configuration information of a first bandwidth unit and configuration information of a second bandwidth unit (Nam: Figs. 9-11; [0098]-[0100], [0115]-[0117], terminal configured with groups of BWPs, Group 1/first bandwidth unit and Group 2/second bandwidth unit); and scheduling, by the network device, data of the first terminal device based on a switching delay, wherein the switching delay is-includes a delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit, the switching delay is-being a first delay, the first delay being less than a second delay usable by a second terminal device to perform bandwidth unit switching (Nam: Figs. 9-11; [0107] UE switching between BWPs in the same group with a first switching delay that is less than the switching delay between BWPs form different groups). Nam does not explicitly disclose wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching. Jung teaches wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal (Jung: [0148], reduced capability UE having a bandwidth part switching delay relaxed/smaller than NR UEs/legacy UEs); the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching (Jung: [0142], Table 8.6.2-1; terminal device with different capabilities having plurality (N=4 in this case) BWP switch delay). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nam wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching as disclosed by Jung to provide a system for selective decoding of physical downlink control candidates (Jung: Abstract). Regarding claim 11, Nam teaches a communication apparatus, wherein the apparatus comprises: a receiver, configured to receive bandwidth unit configuration information, wherein the bandwidth unit configuration information includes configuration information of a first bandwidth unit and configuration information of a second bandwidth unit (Nam: Figs. 9-11; [0098]-[0100], [0115]-[0117], terminal configured with groups of BWPs, Group 1/first bandwidth unit and Group 2/second bandwidth unit); and a processor, configured to switch from the first bandwidth unit to the second bandwidth unit, wherein a switching delay of the processor switching from the first bandwidth unit to the second bandwidth unit includes a first delay, the first delay being less than a second delay usable by a second terminal device to perform bandwidth unit switching (Nam: Figs. 9-11; [0107] UE switching between BWPs in the same group with a first switching delay that is less than the switching delay between BWPs form different groups). Nam does not explicitly disclose wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching. Jung teaches wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal (Jung: [0148], reduced capability UE having a bandwidth part switching delay relaxed/smaller than NR UEs/legacy UEs); the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching (Jung: [0142], Table 8.6.2-1; terminal device with different capabilities having plurality (N=4 in this case) BWP switch delay). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nam wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching as disclosed by Jung to provide a system for selective decoding of physical downlink control candidates (Jung: Abstract). Regarding claim 17, Nam teaches a switching apparatus, comprising: a transmitter, configured to send bandwidth unit configuration information to a first terminal device, wherein the bandwidth unit configuration information includes configuration information of a first bandwidth unit and configuration information of a second bandwidth unit (Nam: Figs. 9-11; [0098]-[0100], [0115]-[0117], terminal configured with groups of BWPs, Group 1/first bandwidth unit and Group 2/second bandwidth unit); and a processor, configured to schedule data of the first terminal device based on a switching delay, wherein the switching delay includes a first delay, the first delay being less than a second delay usable by a second terminal device to perform bandwidth unit switching (Nam: Figs. 9-11; [0107] UE switching between BWPs in the same group with a first switching delay that is less than the switching delay between BWPs form different groups). Nam does not explicitly disclose wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching. Jung teaches wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal (Jung: [0148], reduced capability UE having a bandwidth part switching delay relaxed/smaller than NR UEs/legacy UEs); the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching (Jung: [0142], Table 8.6.2-1; terminal device with different capabilities having plurality (N=4 in this case) BWP switch delay). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nam wherein the first terminal device is a reduced capability terminal device and the second terminal device being a legacy terminal or the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes one of N delays, the N delays are switching delays being supported by the first terminal device, N is an integer greater than or equal to 2, and the N delays comprise includes a first delay, the second delay being usable by the second terminal device to perform the bandwidth unit switching as disclosed by Jung to provide a system for selective decoding of physical downlink control candidates (Jung: Abstract). Regarding claims 2, 8, 12 and 18, Nam teaches wherein the second terminal device is includes a legacy terminal device in a new radio (NR) system (Nam: Fig. 9, [0067]). Regarding claims 4, 10, 14 and 20, Nam teaches wherein a frequency resource position of the first bandwidth unit is different from a frequency resource position of the second bandwidth unit, the first bandwidth unit and the second bandwidth unit correspond to different BWP identifiers, and the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes a delay other than the first delay of the N delays (Nam: Fig. 11; [0107], BWPS in different groups have larger switching delays/delay other than the first delay). Regarding claims 5 and 15, Nam teaches wherein the first bandwidth unit and the second bandwidth unit correspond to different BWP identifiers, the first bandwidth unit correlating with the second bandwidth unit, and the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit 4sincludes the first delay (Nam: Fig. 11; [0107], BWPS in same group/correlated have low switching delay/ first delay). Regarding claims 6 and 16, Nam teaches wherein the first bandwidth unit and the second bandwidth unit correspond to different BWP identifiers, the first bandwidth unit not correlated correlating with the second bandwidth unit, and the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes a delay other than the first delay of the N delays (Nam: Fig. 11; [0107], BWPS in different groups have larger switching delays/delay other than the first delay). Claims 3, 9, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nam et al (US 2020/0245304 A1) in view of Jung et al (US 2023/0180199 A1) in further view of Li et al (WO 2018/228416 A1) (US 2022/0345281 A1) used as the English translation). Regarding claims 3, 9, 13 and 19, Nam teaches. (Currently Amended) The method according to claim 1, and the switching delay of the first terminal device switching from the first bandwidth unit to the second bandwidth unit is-includes the first delay (Nam: Fig. 11; [0107], BWPS in the same group have switch delay/first delay lower than inter-group switching delay). Nam does not explicitly disclose wherein a frequency resource position of the first bandwidth unit is different from a frequency resource position of the second bandwidth unit, the first bandwidth unit and the second bandwidth unit correspond to a same bandwidth part (BWP) identifier. Li teaches wherein a frequency resource position of the first bandwidth unit is different from a frequency resource position of the second bandwidth unit, the first bandwidth unit and the second bandwidth unit correspond to a same bandwidth part (BWP) identifier (Li: Fig. 5; [0122], BWP group with the group being identified by an ID). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nam wherein a frequency resource position of the first bandwidth unit is different from a frequency resource position of the second bandwidth unit, the first bandwidth unit and the second bandwidth unit correspond to a same bandwidth part (BWP) identifier as disclosed by Li to provide a system for configuring bandwidth parts in a wireless communication system (Li: Abstract). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KODZOVI ACOLATSE whose telephone number is (571)270-1999. The examiner can normally be reached Monday to Friday 10 am to 6pm. 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, Avellino Joseph can be reached at (571) 272-3905. 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. /KODZOVI ACOLATSE/Primary Examiner, Art Unit 2478
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Prosecution Timeline

Nov 10, 2022
Application Filed
Jan 10, 2023
Response after Non-Final Action
May 15, 2025
Non-Final Rejection — §103
Aug 18, 2025
Response Filed
Oct 14, 2025
Final Rejection — §103
Jan 14, 2026
Response after Non-Final Action
Feb 17, 2026
Request for Continued Examination
Feb 26, 2026
Response after Non-Final Action
Mar 16, 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

3-4
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+22.3%)
2y 8m
Median Time to Grant
High
PTA Risk
Based on 913 resolved cases by this examiner. Grant probability derived from career allow rate.

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