Prosecution Insights
Last updated: April 19, 2026
Application No. 18/158,082

INFORMATION SENDING METHOD AND APPARATUS, AND INFORMATION RECEIVING METHOD AND APPARATUS

Final Rejection §102§103
Filed
Jan 23, 2023
Examiner
GUADALUPE CRUZ, AIXA AMYR
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3y 9m
To Grant
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
368 granted / 505 resolved
+14.9% vs TC avg
Strong +19% interview lift
Without
With
+19.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
42 currently pending
Career history
547
Total Applications
across all art units

Statute-Specific Performance

§101
5.0%
-35.0% vs TC avg
§103
47.1%
+7.1% vs TC avg
§102
31.2%
-8.8% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 505 resolved cases

Office Action

§102 §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 . Responsive to amendments filed 10/29/2025. Claims 1-20 remain pending. Response to Arguments The claim objections have been overcome by the corrections made to the ordering to the claims. The objections to the title are hereby maintained. Applicant argues that the current title is “clearly indicative of the invention to which the claims are directed”. The current title is “Information sending method and apparatus, and information receiving method and apparatus”. The broad language of “sending/receiving method/apparatus” fails to even connect the title to multiplexing/wireless networking subject matter, let alone it reflecting the claimed invention. The title should reflect the concepts of random access, or uplink carrier switching, or other concepts that are claimed and described in the specification. With regards to the prior art rejections, Applicant argues that the cited references fail to teach “receiving, by the terminal device, first information, wherein the first information comprises carrier indication information, the carrier indication information is useable to indicate a second uplink carrier by a message 3 in a random access process, and the second uplink carrier is different from the first uplink carrier”. The Examiner respectfully disagrees. Namely, Applicant argues that “Chakraborty describes that a BS 105 transmits a MSG 2 which includes an UL grant. However, in Chakraborty, the UL grant is an indication to the UE 115 to select a frequency band different from the first frequency band, and to switch to the selected frequency band for transmission of the MSG 3. Thus, the UL grant of Chakraborty does not include carrier indication information ... useable to indicate a second uplink carrier, and the UE 115 selects the carrier frequency, and not the BS 105. In fact, the UL grant of Chakraborty does not indicate carrier information.” (page 8 of the Remarks). As is well known in the art, an uplink grant sent in a MSG 2 of a random access procedure indicates the resources to be used on the uplink for a MSG 3, including indications of time and frequency resources – thus, including carrier (i.e. frequency) information. With the claim language necessitating carrier indication information used to indicate a second uplink carrier by a message 3, the UL grant described in the Chakraborty reference providing uplink information resources that the UE uses to identify an uplink carrier through which a MSG3 will be sent, is believed to meet the limitation of claim 1 (and corresponding limitation in the other independent claims). Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Namely, the described invention relates to a user equipment, with the capability to do so, switching an uplink carrier for message 3 transmission in a random access procedure, as needed or required. The title should better reflect that concept. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 3, 5-10, 12-13, and 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chakraborty et al. (US Patent Application Publication 2020/0037361; hereinafter Chakraborty). Regarding claim 1 Chakraborty discloses a method, wherein the method comprises: sending, by a terminal device, a random access preamble on a first uplink carrier (paragraph 0125; the UE sending a MSG1 to a base station, i.e. a preamble for random access, in a first frequency band); receiving, by the terminal device, first information, wherein the first information comprises carrier indication information, the carrier indication information is useable to indicate a second uplink carrier by a message 3 in a random access process, and the second uplink carrier is different from the first uplink carrier (paragraph 0126; the base station sends a MSG2 to a UE, the message comprising UL grant information for a MSG3, the UL frequency band for MSG3 being different to the UL band used to transmit a MSG1); and sending, by the terminal device, the message 3 in the random access process on the second uplink carrier (paragraph 0129; the UE sending a MSG3 to the base station via the second UL band). Regarding claim 3 Chakraborty discloses the method according to claim 2, wherein before the receiving, by the terminal device, the first information, the method further comprises: sending, by the terminal device, a transmission of the message 3 on a third uplink carrier, wherein the third uplink carrier is different from at least one of the first uplink carrier or the second uplink carrier, the transmission of the message 3 on the third uplink carrier is prior to the sending the message 3 in the random access process on the second uplink carrier (paragraph 0133; wherein the UE can change the UL band for MSG3 transmission after failed attempts to use a different band). Regarding claim 5 Chakraborty discloses the method according to claim 2, wherein before the receiving, by the terminal device, first information, the method further comprises: receiving, by the terminal device, a random access response uplink grant, wherein the random access response uplink grant is useable to indicate that the terminal device is configured to send the message 3 on a third uplink carrier (paragraph 0126; MSG2 comprising an uplink grant), and the third uplink carrier is different from at least one of the first uplink carrier or the second uplink carrier (paragraph 0133; the attempts being at least different to the first band). Regarding claim 6 Chakraborty discloses the method according to claim 1, wherein the first information includes a random access response uplink grant (paragraph 0126; RAR with UL grant included). Regarding claim 7 Chakraborty discloses the method according to claim 1, further comprising: indicating, by the terminal device to a network device, that the terminal device is configured to support an uplink carrier useable to include the message 3, the uplink carrier is different from the first uplink carrier (paragraphs 0141-0142; the UE 115 uses the MSG 1 to indicate a desire to switch from a first band to a second band). Regarding claim 8 Chakraborty discloses the method according to claim 1, wherein cell identifiers of serving cells in which the first uplink carrier and the second uplink carrier are located are the same (paragraph 0036, 0051-0052; adaptive uplink/downlink that may be flexibly configured on a per-cell basis to dynamically switch between); or the first uplink carrier and the second uplink carrier are configured by System Information Block Type1 (SIB1) (paragraph 0057; SIBs broadcasted by base station, but note that the claim’s “or” only requires one option to be met). Regarding claim 9 Chakraborty discloses the method according to claim 1, wherein the terminal device skips sending uplink transmission on the first uplink carrier and the second uplink carrier within a predetermined time interval before the sending the message 3 in the random access process on the second uplink carrier (paragraph 0132; time domain resource allocation between the first and second frequency bands may have an offset). Regarding claim 10 Chakraborty discloses a method (fig. 10), wherein the method comprises: receiving, by a network device, a random access preamble on a first uplink carrier (paragraph 0125; the UE sending a MSG1 to a base station, i.e. a preamble for random access, in a first frequency band); sending, by the network device, first information, wherein the first information comprises carrier indication information, the carrier indication information is useable to indicate a second uplink carrier by a message 3 in a random access process, and the second uplink carrier is different from the first uplink carrier (paragraph 0126; the base station sends a MSG2 to a UE, the message comprising UL grant information for a MSG3; the UL frequency band for MSG3 being different to the UL band used to transmit a MSG1); and receiving, by the network device, the message 3 in the random access process on the second uplink carrier (paragraph 0129; the UE sending a MSG3 to the base station via the second UL band). Regarding claim 12 Chakraborty discloses the method according to claim 10, wherein the first information includes a random access response uplink grant (paragraph 0126; RAR with UL grant included). Regarding claim 13 Chakraborty discloses the method according to claim 10, wherein before the sending, by the network device, the first information, the method further comprises: receiving, by the network device, the message 3 on a third uplink carrier, wherein the third uplink carrier is different from at least one of the first uplink carrier or the second uplink carrier (paragraph 0133; wherein the UE can change the UL band for MSG3 transmission after failed attempts to use a different band). Regarding claim 15 Chakraborty discloses the method according to claim 10, wherein before the sending, by the network device, the first information, the method further comprises: sending, by the network device, a random access response uplink grant to a terminal device, wherein the random access response uplink grant is useable to indicate that the terminal device is configured to send the message 3 on a third uplink carrier (paragraph 0126; MSG2 comprising an uplink grant), and the third uplink carrier is different from at least one of the first uplink carrier or the second uplink carrier (paragraph 0133; the attempts being at least different to the first band). Regarding claim 16 Chakraborty discloses the method according to claim 10, further comprising: obtaining, by the network device, an indication from the terminal device that the terminal device is configured to support the second uplink carrier useable to include the message 3, the uplink carrier is different from the first uplink carrier (paragraphs 0141-0142; the UE 115 uses the MSG 1 to indicate a desire to switch from a first band to a second band). Regarding claim 17 Chakraborty discloses the method according to claim 10, wherein cell identifiers of serving cells in which the first uplink carrier and the second uplink carrier are located are the same (paragraph 0036, 0051-0052; adaptive uplink/downlink that may be flexibly configured on a per-cell basis to dynamically switch between); or the first uplink carrier and the second uplink carrier are configured by System Information Block Type1 (SIB1) (paragraph 0057; SIBs broadcasted by base station, but note that the claim’s “or” only requires one option to be met). Regarding claim 18 Chakraborty discloses the method according to claim 10, wherein the network device skips receiving uplink transmission of a terminal device on the first uplink carrier and the second uplink carrier within a predetermined time interval before the receiving the message 3 in the random access process on the second uplink carrier (paragraph 0132; time domain resource allocation between the first and second frequency bands may have an offset). Regarding claim 19 Chakraborty discloses an apparatus (fig. 9), comprising a processor and an interface circuit (processor 902, transceiver 910), wherein the processor is configured to communicate with a network device by the interface circuit, and the interface circuit is configured to perform a method comprising: sending a random access preamble on a first uplink carrier (paragraph 0125; the UE sending a MSG1 to a base station, i.e. a preamble for random access, in a first frequency band); receiving first information, wherein the first information comprises carrier indication information, the carrier indication information is useable to indicate a second uplink carrier by a message 3 in a random access process, and the second uplink carrier is different from the first uplink carrier (paragraph 0126; the base station sends a MSG2 to a UE, the message comprising UL grant information for a MSG3, the UL frequency band for MSG3 being different to the UL band used to transmit a MSG1); and sending the message 3 in the random access process on the second uplink carrier (paragraph 0129; the UE sending a MSG3 to the base station via the second UL band). Regarding claim 20 Chakraborty discloses an apparatus (fig. 8), comprising a processor and an interface circuit (processor 802, transceiver 810), wherein the processor is configured to communicate with a terminal device by the interface circuit, and the interface circuit is configured to perform a method comprising: receiving a random access preamble on a first uplink carrier(paragraph 0125; the UE sending a MSG1 to a base station, i.e. a preamble for random access, in a first frequency band); sending first information, wherein the first information comprises carrier indication information, the carrier indication information is useable to indicate a second uplink carrier by a message 3 in a random access process, and the second uplink carrier is different from the first uplink carrier (paragraph 0126; the base station sends a MSG2 to a UE, the message comprising UL grant information for a MSG3, the UL frequency band for MSG3 being different to the UL band used to transmit a MSG1); and receiving the message 3 in the random access process on the second uplink carrier (paragraph 0129; the UE sending a MSG3 to the base station via the second UL band). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 2, 4, 11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chakraborty in view of Lei et al. (US Patent Application Publication 2021/0359832; hereinafter Lei). Regarding claim 2 Chakraborty discloses the method according to claim 1. Chakraborty fails to explicitly disclose, but Lei in the same field of endeavor related to uplink carrier switching, discloses wherein the first information includes downlink control information (DCI), and a format of the DCI is 0_0 (fig. 11, paragraph 0134; DCI format 0_0 for scheduling PUSCH, as defined by the standards). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Chakraborty with the teachings of Lei, in order to improve efficiency (Lei: paragraph 0056). Regarding claim 4 Chakraborty discloses the method according to claim 3. Chakraborty fails to explicitly disclose, but Lei in the same field of endeavor related to uplink carrier switching, discloses wherein the carrier indication information is a last m valid bits in the DCI format 0_0, wherein m is a positive integer, and m≥2; or the carrier indication information is a last nth to (n–m)th valid bits in the DCI format 0_0, wherein n≥2, m≥1, n>m, and n and m are positive integers (fig. 11, paragraph 0134; carrier indicator having more than one bit); and valid bits fail to comprise a zero filling bit in the DCI (fig. 11, paragraph 0134; no padding bits). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Chakraborty with the teachings of Lei, in order to improve efficiency (Lei: paragraph 0056). Regarding claim 11 Chakraborty discloses the method according to claim 10. Chakraborty fails to explicitly disclose, but Lei in the same field of endeavor related to uplink carrier switching, discloses wherein the first information includes downlink control information (DCI), and a format of the DCI is 0_0 (fig. 11, paragraph 0134; DCI format 0_0 for scheduling PUSCH, as defined by the standards). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Chakraborty with the teachings of Lei, in order to improve efficiency (Lei: paragraph 0056). Regarding claim 14 Chakraborty discloses the method according to claim 13. Chakraborty fails to explicitly disclose, but Lei in the same field of endeavor related to uplink carrier switching, discloses wherein the first information includes downlink control information (DCI), and the carrier indication information is a last m valid bits in a DCI format 0_0, wherein m is a positive integer, and m≥2; or the carrier indication information is a last nth to (n–m)th valid bits in the DCI format 0_0, wherein n≥2, m≥1, n>m, and n and m are positive integers (fig. 11, paragraph 0134; carrier indicator having more than one bit); and valid bits fail to comprise a zero filling bit in the DCI (fig. 11, paragraph 0134; no padding bits). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Chakraborty with the teachings of Lei, in order to improve efficiency (Lei: paragraph 0056). Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PGPUB 2020/0100170 to Babaei et al. – that discloses operation of uplink carrier or bandwidth part switching. Embodiments of the technology disclosed herein may be employed in the technical field of multicarrier communication systems. More particularly, the embodiments of the technology disclosed herein may relate to uplink carrier or bandwidth part switching in multicarrier communication systems. 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 Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM. 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, 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. /Aixa Guadalupe-Cruz/ Examiner Art Unit 2466 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
Read full office action

Prosecution Timeline

Jan 23, 2023
Application Filed
May 01, 2025
Non-Final Rejection — §102, §103
Aug 11, 2025
Response after Non-Final Action
Aug 11, 2025
Response Filed
Oct 29, 2025
Response Filed
Feb 25, 2026
Final Rejection — §102, §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
73%
Grant Probability
92%
With Interview (+19.4%)
3y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 505 resolved cases by this examiner. Grant probability derived from career allow rate.

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