Prosecution Insights
Last updated: April 19, 2026
Application No. 18/160,039

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §112
Filed
Jan 26, 2023
Examiner
WEISSBERGER, LUNA T
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
159 granted / 212 resolved
+17.0% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
37 currently pending
Career history
249
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
70.8%
+30.8% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 212 resolved cases

Office Action

§112
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 . The Examiner thanks the Applicant for the well-prepared amendment. The Examiner appreciates the Applicant’s effort to carefully analyze the Office action, and make appropriate arguments and amendments. The Examiner left voice message with concierge about examiner’s amendment of independent claims on March 6th 2026. No response is received. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 02 2026 has been entered. Status of Claims Claims 1, 3, 6-7, 11, 13, 16-17 and 21-44 responded on February 02 2026 are pending, claims 1, 6, 11, and 16 are amended, claims 21-36 are canceled and claims 37-44 are new. Response to Arguments Applicant’s arguments, see pg. 15-17, filed February 02 2026, with respect to claim have been fully considered but they are Not persuasive. Claims 1, 6, 11 and 16 do not positively recite Wf(0), Wf(1), Wf(2), Wf(3), Wt(0), Wt(1) in the table. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. the claims recite Wf(0), Wf(1), Wf(2), Wf(3) is frequency domain OCC, Wt(0), Wt(1) is time domain OCC, but Wf and Wt are omitted in the table. Claims 3, 7, 13, 17 and 37-44 are similarly rejected based upon claim dependency to claims 1, 6, 11 and 16. Allowable Subject Matter Claims 1, 3, 6-7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claims 1 and are potentially allowable over the prior art of record Zhou (CN 111416692 A, hereinafter "Zhou") in view of Muruganathan et al. (US 11,979,865 B2, hereinafter "Muruganathan"). Regarding claims 1 and 11, Zhou (CN 111416692 A) discloses a communication method and apparatus, comprising: Sending indication information to a terminal device, wherein the indication information indicates a first demodulation reference signal (DMRS) port index in [0073-81]; the first DMRS port index is among a first table, wherein the first table includes the following mapping relationships among a DMRS port index, a frequency domain orthogonal cover code (OCC), a code division multiplexing (CDM) group index, and a time domain OCC, wherein P is a DMRS port index, λ is a CDM group index, Δ is a CDM group frequency domain location offset, Wf(0), Wf(1), Wf(2), Wf(3) is frequency domain OCC, Wt(0), Wt(1) is time domain OCC in [0091]. Muruganathan et al. (US 11,979,865 B2) discloses wherein P is a DMRS port index from 0-11 with frequency domain OCC in table 5, but does not explicitly port 12-23 with time domain OCC in table. Zhou in view of Muruganathan fails to teach alone or in combination " PNG media_image1.png 450 626 media_image1.png Greyscale ". Claims 6 and 16 are potentially allowable over the prior art of record Zhou (CN 111416692 A, hereinafter "Zhou") in view of Muruganathan et al. (US 11,979,865 B2, hereinafter "Muruganathan"). Regarding claims 1 and 11, Zhou (CN 111416692 A) discloses a communication method and apparatus, comprising: receiving indication information, wherein the indication information indicates a first demodulation reference signal (DMRS) port index in [0073-81]; the first DMRS port index is among a first table, wherein the first table includes the following mapping relationships among a DMRS port index, a frequency domain orthogonal cover code (OCC), a code division multiplexing (CDM) group index, and a time domain OCC, wherein P is a DMRS port index, λ is a CDM group index, Δ is a CDM group frequency domain location offset, Wf(0), Wf(1), Wf(2), Wf(3) is frequency domain OCC, Wt(0), Wt(1) is time domain OCC in [0091]. Muruganathan et al. (US 11,979,865 B2) discloses wherein P is a DMRS port index from 0-11 with frequency domain OCC in table 5, but does not explicitly port 12-23 with time domain OCC in table. Zhou in view of Muruganathan fails to teach alone or in combination " PNG media_image1.png 450 626 media_image1.png Greyscale ". Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUNA WEISSBERGER whose telephone number is (571)272-3315. The examiner can normally be reached Monday-Friday 8:00am-5:30pm. 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, Jeffrey Rutkowski can be reached at (571)270-1215. 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. /LUNA WEISSBERGER/ Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Jan 26, 2023
Application Filed
Mar 03, 2023
Response after Non-Final Action
Apr 08, 2025
Non-Final Rejection — §112
Aug 13, 2025
Response Filed
Sep 29, 2025
Final Rejection — §112
Dec 31, 2025
Response after Non-Final Action
Feb 02, 2026
Request for Continued Examination
Feb 15, 2026
Response after Non-Final Action
Mar 10, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

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Patent 12542636
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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
75%
Grant Probability
99%
With Interview (+25.5%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 212 resolved cases by this examiner. Grant probability derived from career allow rate.

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