Prosecution Insights
Last updated: May 29, 2026
Application No. 18/012,133

INFORMATION COMMUNICATION METHOD AND APPARATUS, COMMUNICATION DEVICE AND STORAGE MEDIUM

Non-Final OA §103
Filed
Dec 21, 2022
Priority
Jul 14, 2020 — nonprovisional of PCTCN2020101977
Examiner
LUGO, DAVID B
Art Unit
2631
Tech Center
2600 — Communications
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
4 (Non-Final)
79%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
565 granted / 715 resolved
+17.0% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
15 currently pending
Career history
737
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
80.5%
+40.5% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 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 . Response to Amendment/Arguments With the reply filed 9/26/25, Applicant has amended claim 1 to include the limitations of claim 11 (now canceled), with claims 63 and 64 similarly amended, and claims 72-74 newly added. Applicant argues that the cited references to Kim and Kakishima fail to disclose the limitations of: “receiving the first message sent by the base station for identifying at least two antenna combinations and corresponding reception quality parameters comprises: receiving the first message in a current cell; and determining the antenna combinations for the wireless communication according to the first message comprises: determining antenna combinations for wireless communication for the current cell according to the first message in the current cell.” The Examiner respectfully disagrees. Kim discloses that, when a UE newly enters a cell, it acquires information pertaining to the cell (¶¶ [0048], [0050], [0096]-[0100]). Accordingly, one skilled in the art would recognize that configuration information, such as CSI-RS information would be included in messages sent by a base station to a UE newly entering a cell. It would also be apparent to a skilled artisan that configuration information sent by a base station to a UE would pertain to the cell governed by that base station (i.e. a “current cell” – see ¶ [0180]). Further, as Kim indicates that multiple configurations are used within a single cell (¶ [0100]), configuration information transmitted to the UE would pertain to one of the configurations of the cell. Therefore, Kim suggests that antenna configuration parameters for wireless communication for a current cell (¶ [0181]) would be based on the first message, and the rejection is maintained. 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, 3, 4, 7, 8, 12, 63-66, 69 and 71-73 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. U.S. Pat. App. Pub. No. 2015/0049824 in view of Kakishima et al. U.S. Pat. App. Pub. No. 2019/0173563. Regarding claim 1, Kim discloses an information communication method, applied to a user equipment (UE), comprising: receiving multi-antenna selection information sent by a base station, as a base station commands the UE to feedback corresponding port index information by selecting N number of antenna ports (¶¶ [0129], [0181], Fig. 11 – 2nd step); wherein receiving the multi-antenna selection reference information sent by the base station comprises: receiving a first message (i.e. CSI-RS configuration information) sent by the base station for identifying antennas and corresponding reception quality parameters (see ¶¶ [0180]-[0181]), wherein determining the antennas for the wireless communication based on the multi-antenna selection reference information comprises: determining the antennas for the wireless communication according to the first message (¶ [0181]); and Kim further discloses that receiving the first message sent by the base station comprises receiving the first message in a current cell, as Kim indicates that when a UE newly enters a cell, it acquires information pertaining to the cell and performs channel estimation (¶¶ [0048]-[0050], [0096]-[0100]), and determining the antenna combinations for wireless communication according to the first message comprises determining antenna combinations for wireless communication for the current cell (¶¶ [0145], [0180]-[0181]). Kim does not expressly disclose that the antenna selection reference information identifies at least two antenna combinations which are determined by the UE. Kakishima discloses providing antenna selection reference information to a UE for identifying antenna combinations and corresponding quality parameters, as reference signals are provided for reception resource selection (¶ [0039]), where reception resources include a group of multiple antennas based on measured reception quality (¶¶ [0036], [0041]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide antenna selection reference information to a UE for identifying antenna combinations and quality parameters, as suggested by Kakishima in the method of Kim, to provide for optimal antenna selection. Regarding claim 3, in the proposed combination, Kim discloses that receiving the antenna selection reference information sent by the base station comprises receiving system information carrying the multi-antenna selection reference information sent by the base station, as control information is received which includes resource allocation/CSI-RS configuration information and system information (¶¶ [0067]-[0068], [0194]), and Kakishima further discloses that a UE is notified of control information (system information) for communication in the cell via higher layer signaling (¶ [0091]). Regarding claim 4, in the proposed combination, Kakishima further discloses that a UE may transmit the request to the BS, and the BS may transmit the RS based on the request (¶ [0040]). Regarding claim 7, in the proposed combination, Kakishima further discloses that the UE requests for RS transmission from the BS, and the BS may transmit the RS based on the request, where the RS requested is a cell-specific reference signal (CRS) (¶ [0040]). Regarding claim 8, in the proposed combination, Kim discloses that sending the second message comprises sending one or more second messages obtained by measurements (¶ [0128]). Regarding claim 12, in the proposed combination, Kim discloses that the reception parameters comprise a reference signal received power (RSRP) (¶ [0128]). Regarding claims 63 and 64, Kim discloses a communication device (UE – 200, Fig. 19), comprising: a processor 201; and a memory 202 for storing executable programs capable of being run by the processor, where the processor is configured to: receive multi-antenna selection information sent by a base station, as a base station may command the user equipment to feedback corresponding port index by selecting N number of antenna ports (¶¶ [0129], [0181], Fig. 11 – 2nd step); and the processor is configured to receive multi-antenna selection reference information sent by the base station by: receiving a first message (i.e. CSI-RS configuration information), sent by the base station for identifying antennas and corresponding reception quality parameters (see ¶¶ [0180]-[0181]), and the processor determines antennas for the wireless communication based on the multi-antenna selection reference information by: determining the antennas for the wireless communication according to the first message (¶ [0181]); and Kim further discloses that receiving the first message sent by the base station comprises receiving the first message in a current cell, as Kim indicates that when a UE newly enters a cell, it acquires information pertaining to the cell and performs channel estimation (¶¶ [0048]-[0050], [0096]-[0100]), and determining the antenna combinations for wireless communication according to the first message comprises determining antenna combinations for wireless communication for the current cell (¶¶ [0145], [0180]-[0181]). Kim does not expressly disclose that the antenna selection reference information identifies at least two antenna combinations which are determined by the UE. Kakishima discloses providing antenna selection reference information to a UE for identifying antenna combinations and corresponding quality parameters, as reference signals are provided for reception resource selection (¶ [0039]), where reception resources include a group of multiple antennas based on measured reception quality (¶¶ [0036], [0041]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide antenna selection reference information to a UE for identifying antenna combinations and quality parameters, as suggested by Kakishima in the device of Kim, to provide for optimal antenna selection. Regarding claim 65, in the proposed combination, Kim discloses that receiving the antenna selection reference information sent by the base station comprises receiving system information carrying the multi-antenna selection reference information sent by the base station, as control information is received which includes resource allocation/CSI-RS configuration information and system information (¶¶ [0067]-[0068], [0194]), and Kakishima further discloses that a UE is notified of control information (system information) for communication in the cell via higher layer signaling (¶ [0091]). Regarding claim 66, Kakishima further discloses that a UE may transmit to the BS the request to the BS, and the BS may transmit the RS based on the request (¶ [0040]). Regarding claim 69, in the proposed combination, Kim discloses that sending the second message comprises sending one or more second messages obtained by measurements (¶ [0128]). Regarding claim 71, in the proposed combination, Kakishima discloses that antennas in any two different antenna combinations are not completely the same or are completely different, as they include different antenna panels with different groups of antennas (see Fig. 2, ¶ [0036]). Regarding claims 72 and 73, in the proposed combination with Kakishima, Kim discloses determining reception quality parameters of the antennas (i.e. CQI, ¶¶ [0077], [0181]); and sending a second message for identifying the antennas and the reception quality parameters determined to the base station; wherein the second message is configured to determine the first message, as Kim discloses that in an initial step, N1 beams are selected and feedback provided (i.e. the second message), and in a repetition step, the transmitter transmits by considering information on the beam received in a previous step (¶ [0130]). Claims 9 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. in view of Kakishima et al. as applied to claims 1 and 63 above, and further in view of Nan et al. U.S. Pat. App. Pub. No. 2017/0013643. Regarding clams 9 and 70, Kim in combination with Kakishima disclose an information communication method and device, as described above, where Kim discloses receiving the first message sent by the base station for identifying at least two antenna combinations and corresponding reception quality parameters, as the UE generates quality parameters associated with determined sets of receive antenna ports based on received reference signals (¶¶ [0077], [0180]-[0181]), but Kim and Kakishima do not expressly disclose that the reception quality parameters have associated index values, wherein any two different quality parameter index values represent different ranges of the reception quality parameters. Nan discloses that a channel quality indicator may be divided into multiple ranges, and a range index is used for representation (¶ [0358]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to employ a range index to represent quality information as suggested by Nan, in the method/apparatus of Kim and Kakishima, as it provides for quantization of feedback information, thereby reducing overhead. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. in view of Kakishima et al. and Nan et al., as applied to claim 9 above, and further in view of Ktenas et al. U.S. Pat. App. Pub. No. 2012/0008698. Regarding claim 10, Kim in combination with Kakishima and Nan disclose an information communication method where different channel quality index values represent ranges of channel quality values, as described above, but do not expressly disclose that the reception quality parameter index values are obtained by rounding quotients that are obtained by dividing the reception quality parameters by a predetermined quantization constant. Ktenas discloses a method for reporting a transmission channel quality including quantization of a quality indicator by dividing by a predetermined constant C and performing a rounding operation (see ¶ [0014]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to report a transmission channel quality obtained by rounding quotients obtained by dividing the reception quality parameter by a predetermined quantization constant, as suggested by Ktenas, in the method of Kim, Kakishima and Nan, as it is a known way of performing CQI quantization, yielding predictable results (MPEP § 2143.I.A). Claim 74 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. in view of Kakishima et al., as applied to claim 73 above, and further in view of Park et al. U.S. Pat. App. Pub. No. 2013/0315197. Regarding claim 74, Kim in combination with Kakishima disclose an information communication method where a second message (i.e. feedback) is sent, as described above, but do not expressly disclose that cell identification is used to identify the second message. Park discloses that feedback information including antenna configuration information may include a cell ID for identification (see ¶ [0228]), where one skilled in the art would further recognize that a cell would be identified based on the cell ID information. It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide feedback information including cell identification information, as suggested by Park, in the method of Kim and Kakishima, to allow the base station to distinguish for which cell the feedback information is intended. 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 David B. Lugo whose telephone number is 571-272-3043. The examiner can normally be reached M-F, 9-6. Examiner interviews are available via telephone 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, Hannah Wang can be reached at 571-272-9018. 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. /DAVID B LUGO/Primary Examiner, Art Unit 2631 12/5/2025
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Prosecution Timeline

Show 4 earlier events
Feb 20, 2025
Final Rejection mailed — §103
Apr 23, 2025
Response after Non-Final Action
May 21, 2025
Request for Continued Examination
May 22, 2025
Response after Non-Final Action
Jun 30, 2025
Non-Final Rejection mailed — §103
Sep 26, 2025
Response Filed
Dec 10, 2025
Final Rejection mailed — §103
Feb 09, 2026
Response after Non-Final Action

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Prosecution Projections

4-5
Expected OA Rounds
79%
Grant Probability
80%
With Interview (+1.3%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allowance rate.

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