Prosecution Insights
Last updated: May 29, 2026
Application No. 18/162,153

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Jan 31, 2023
Priority
Jul 31, 2020 — continuation of PCT/CN2020/106454 +1 more
Examiner
PHUNKULH, BOB A
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
842 granted / 942 resolved
+31.4% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
21 currently pending
Career history
966
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
64.2%
+24.2% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 942 resolved cases

Office Action

§103
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 . DETAILED ACTION Request for Continued Examination The request filed on 04/10/2026 for a Request for Continued Examination (RCE) under 37 CFR 1.114 based on parent Application No. 18/162453 is acceptable and a RCE has been established. An action on the RCE follows. This communication is in response to applicant’s 04/10/2026 amendment or response in the application of LIU et al. for “COMMUNICATION METHOD AND COMMUNICATION APPARATUS” filed 01/31/2023. The amendments/response to the claims have been entered. No claims have been canceled. No claim have been added. Claims 1-20 are now pending. 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) 1-2, 5-6, 9-10, 13-14, is/are rejected under 35 U.S.C. 103 as being unpatentable over RUNYON (US 2015/0061930 A1) in view of RUNYON. Regarding claim 1, RUNYON discloses a communication method performed by a satellite or a chip in a satellite, comprising: determining a first link resource, wherein the first link resource is used for sending information to a first terminal (the link between satellite 105 and ground station 115, see ¶ 0028-0029) by the satellite (satellite 105, see ¶ 0032); and determining a second link resource, wherein the second link resource is used for receiving information from the terminal by the satellite (any of the user terminal 130-1… 130-2, see figure 1 and ¶ 0028-0029), wherein the first link resource has a same frequency resource as the second link resource (communication links between gateway terminal 115 and satellite 105 may use the same, overlapping, or different frequencies as communication links between satellite 105 and user terminals 130. Gateway terminal 115 may also be located remotely from user terminals 130 to enable frequency reuse, see ¶ 0029); the satellite and the ground station belong to a first communication system (the satellite 105 and the ground station 115 are considered as the first communication system, see figure 1 and ¶ 0029); and the terminal is in communication with satellite (the terminal 130 communicate with the satellite via uplink 145-1 or 145-2, see figure 1 and ¶ 0037). RUNYON fails to explicitly disclose receiving, by using a third link resource, information from the ground station, wherein the third link resource has a different frequency resource from the first link resource, wherein a fourth link resource used by a base station to send information to a second terminal has the same frequency resource as the third link resource; the base station and the second terminal belong to a second communication system, the second communication system being a cellular communication system, and the terminal is in communication with the satellite. In the same field of endeavor, MIYAGAWA discloses mobile communication systems and base station control apparatuses are provided, by which a spectral efficiency can be improved while preventing interference between a terrestrial cellular mobile communication system and a satellite mobile communication system, and mobile communication services using mobile station apparatuses can be provided more surely in an emergent condition in which a failure occurs in a part of terrestrial cellular base stations. A same frequency band is used for radio communications between a mobile station apparatus 10 and each of terrestrial cellular base stations 20 and a communication relay apparatus 41 of artificial satellite 40. A radio resource used in the terrestrial cellular base stations 20 and a radio resource used in a satellite base station 30 in a common area where the terrestrial cellular mobile communication system and the satellite mobile communication system are available are allocated so as not to overlap with each other, and the radio resource allocated for the satellite base station is increased in the emergent condition in which a failure occurs in a part of the terrestrial cellular base stations so as to be more than that in a normal condition (see abstract and ¶ 0006). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement MIYAGAWA’s teaching in the network taught by RUNYON for dynamically providing integrated mobile communication system that uses a same frequency band between the terrestrial cellular mobile communication system and the satellite mobile communication system used in a common area, or a frequency-separating type of integrated mobile communication system that separates frequency bands used in the terrestrial cellular mobile communication system and the satellite mobile communication system based on the network’s requirement. Regarding claim 2, RUNYON discloses wherein the determining a second link resource comprises: determining whether the second link resource is available, or selecting a link resource that is available as the second link resource (a multi-frequency time division multiple access (MF-TDMA) scheme is used for upstream links 140 and 145, allowing efficient streaming of traffic while maintaining flexibility and allocating capacity among each of the user terminals 130. In these embodiments, a number frequency channels are allocated statically or dynamically, see ¶ 0036). Regarding claim 5, RUNYON discloses a communication method performed by a terminal or a chip in the terminal, comprising: determining a second link resource, wherein the second link resource has a same frequency resource as a first link resource, and the first link resource is used for sending information to a ground station by the satellite (communication links between gateway terminal 115 and satellite 105 may use the same, overlapping, or different frequencies as communication links between satellite 105 and user terminals 130. Gateway terminal 115 may also be located remotely from user terminals 130 to enable frequency reuse, see ¶ 0029); and sending information to the satellite by using the second link resource, wherein the first device belongs to a first communication system (the User Terminal 130 communicate with satellite 105 via link 145, see ¶ 0029 and figure 1; the satellite 105 and the ground station 115 are considered as the first communication system, see figure 1 and ¶ 0029); and the terminal is in communication with satellite (the terminal 130 communicate with the satellite via uplink 145-1 or 145-2, see figure 1 and ¶ 0037). RUNYON fails to explicitly disclose receiving, by using a third link resource, information from the ground station, wherein the third link resource has a different frequency resource from the first link resource, wherein a fourth link resource used by a base station to send information to a second terminal has the same frequency resource as the third link resource; the base station and the second terminal belong to a second communication system, the second communication system being a cellular communication system, and the terminal is in communication with the satellite. In the same field of endeavor, MIYAGAWA discloses mobile communication systems and base station control apparatuses are provided, by which a spectral efficiency can be improved while preventing interference between a terrestrial cellular mobile communication system and a satellite mobile communication system, and mobile communication services using mobile station apparatuses can be provided more surely in an emergent condition in which a failure occurs in a part of terrestrial cellular base stations. A same frequency band is used for radio communications between a mobile station apparatus 10 and each of terrestrial cellular base stations 20 and a communication relay apparatus 41 of artificial satellite 40. A radio resource used in the terrestrial cellular base stations 20 and a radio resource used in a satellite base station 30 in a common area where the terrestrial cellular mobile communication system and the satellite mobile communication system are available are allocated so as not to overlap with each other, and the radio resource allocated for the satellite base station is increased in the emergent condition in which a failure occurs in a part of the terrestrial cellular base stations so as to be more than that in a normal condition (see abstract and ¶ 0006). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement MIYAGAWA’s teaching in the network taught by RUNYON for dynamically providing integrated mobile communication system that uses a same frequency band between the terrestrial cellular mobile communication system and the satellite mobile communication system used in a common area, or a frequency-separating type of integrated mobile communication system that separates frequency bands used in the terrestrial cellular mobile communication system and the satellite mobile communication system based on the network’s requirement. Regarding claim 6, RUNYON discloses wherein the determining a second link resource comprises: determining whether the second link resource is available, or selecting a link resource that is available as the second link resource (a multi-frequency time division multiple access (MF-TDMA) scheme is used for upstream links 140 and 145, allowing efficient streaming of traffic while maintaining flexibility and allocating capacity among each of the user terminals 130. In these embodiments, a number frequency channels are allocated statically or dynamically, see ¶ 0036). Regarding claim 9, RUNYON discloses A communication apparatus, comprising: a memory storage storing instructions; and one or more processors in communication with the memory storage, wherein the instructions, when executed by the one or more processors, cause the apparatus to: determine a first link resource, wherein the first link resource is used for sending information to a first terminal (the link between satellite 105 and ground station 115, see ¶ 0028-0029) by the satellite (satellite 105, see ¶ 0032); and determine a second link resource, wherein the second link resource is used for receiving information from the terminal by the satellite (any of the user terminal 130-1… 130-2, see figure 1 and ¶ 0028-0029), wherein the first link resource has a same frequency resource as the second link resource (communication links between gateway terminal 115 and satellite 105 may use the same, overlapping, or different frequencies as communication links between satellite 105 and user terminals 130. Gateway terminal 115 may also be located remotely from user terminals 130 to enable frequency reuse, see ¶ 0029); the satellite and the ground station belong to a first communication system (the satellite 105 and the ground station 115 are considered as the first communication system, see figure 1 and ¶ 0029); and the terminal is in communication with satellite (the terminal 130 communicate with the satellite via uplink 145-1 or 145-2, see figure 1 and ¶ 0037). RUNYON fails to explicitly disclose receiving, by using a third link resource, information from the ground station, wherein the third link resource has a different frequency resource from the first link resource, wherein a fourth link resource used by a base station to send information to a second terminal has the same frequency resource as the third link resource; the base station and the second terminal belong to a second communication system, the second communication system being a cellular communication system, and the terminal is in communication with the satellite. In the same field of endeavor, MIYAGAWA discloses mobile communication systems and base station control apparatuses are provided, by which a spectral efficiency can be improved while preventing interference between a terrestrial cellular mobile communication system and a satellite mobile communication system, and mobile communication services using mobile station apparatuses can be provided more surely in an emergent condition in which a failure occurs in a part of terrestrial cellular base stations. A same frequency band is used for radio communications between a mobile station apparatus 10 and each of terrestrial cellular base stations 20 and a communication relay apparatus 41 of artificial satellite 40. A radio resource used in the terrestrial cellular base stations 20 and a radio resource used in a satellite base station 30 in a common area where the terrestrial cellular mobile communication system and the satellite mobile communication system are available are allocated so as not to overlap with each other, and the radio resource allocated for the satellite base station is increased in the emergent condition in which a failure occurs in a part of the terrestrial cellular base stations so as to be more than that in a normal condition (see abstract and ¶ 0006). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement MIYAGAWA’s teaching in the network taught by RUNYON for dynamically providing integrated mobile communication system that uses a same frequency band between the terrestrial cellular mobile communication system and the satellite mobile communication system used in a common area, or a frequency-separating type of integrated mobile communication system that separates frequency bands used in the terrestrial cellular mobile communication system and the satellite mobile communication system based on the network’s requirement. Regarding claim 10, RUNYON discloses wherein the determining a second link resource comprises: determining whether the second link resource is available, or selecting a link resource that is available as the second link resource (a multi-frequency time division multiple access (MF-TDMA) scheme is used for upstream links 140 and 145, allowing efficient streaming of traffic while maintaining flexibility and allocating capacity among each of the user terminals 130. In these embodiments, a number frequency channels are allocated statically or dynamically, see ¶ 0036). Regarding claim 13, RUNYON discloses a communication apparatus, comprising: a memory storage comprising instructions; and one or more processors in communication with the memory storage, wherein the instructions, when executed by the one or more processors, cause the apparatus to: determine a second link resource, wherein the second link resource has a same frequency resource as a first link resource, and the first link resource is used for sending information to a ground station by the satellite (communication links between gateway terminal 115 and satellite 105 may use the same, overlapping, or different frequencies as communication links between satellite 105 and user terminals 130. Gateway terminal 115 may also be located remotely from user terminals 130 to enable frequency reuse, see ¶ 0029); and send information to the satellite by using the second link resource, wherein the first device belongs to a first communication system (the User Terminal 130 communicate with satellite 105 via link 145, see ¶ 0029 and figure 1; the satellite 105 and the ground station 115 are considered as the first communication system, see figure 1 and ¶ 0029); and the terminal is in communication with satellite (the terminal 130 communicate with the satellite via uplink 145-1 or 145-2, see figure 1 and ¶ 0037). RUNYON fails to explicitly disclose receiving, by using a third link resource, information from the ground station, wherein the third link resource has a different frequency resource from the first link resource, wherein a fourth link resource used by a base station to send information to a second terminal has the same frequency resource as the third link resource; the base station and the second terminal belong to a second communication system, the second communication system being a cellular communication system, and the terminal is in communication with the satellite. In the same field of endeavor, MIYAGAWA discloses mobile communication systems and base station control apparatuses are provided, by which a spectral efficiency can be improved while preventing interference between a terrestrial cellular mobile communication system and a satellite mobile communication system, and mobile communication services using mobile station apparatuses can be provided more surely in an emergent condition in which a failure occurs in a part of terrestrial cellular base stations. A same frequency band is used for radio communications between a mobile station apparatus 10 and each of terrestrial cellular base stations 20 and a communication relay apparatus 41 of artificial satellite 40. A radio resource used in the terrestrial cellular base stations 20 and a radio resource used in a satellite base station 30 in a common area where the terrestrial cellular mobile communication system and the satellite mobile communication system are available are allocated so as not to overlap with each other, and the radio resource allocated for the satellite base station is increased in the emergent condition in which a failure occurs in a part of the terrestrial cellular base stations so as to be more than that in a normal condition (see abstract and ¶ 0006). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement MIYAGAWA’s teaching in the network taught by RUNYON for dynamically providing integrated mobile communication system that uses a same frequency band between the terrestrial cellular mobile communication system and the satellite mobile communication system used in a common area, or a frequency-separating type of integrated mobile communication system that separates frequency bands used in the terrestrial cellular mobile communication system and the satellite mobile communication system based on the network’s requirement. Regarding claim 14, RUNYON discloses wherein the determining a second link resource comprises: determining whether the second link resource is available, or selecting a link resource that is available as the second link resource (a multi-frequency time division multiple access (MF-TDMA) scheme is used for upstream links 140 and 145, allowing efficient streaming of traffic while maintaining flexibility and allocating capacity among each of the user terminals 130. In these embodiments, a number frequency channels are allocated statically or dynamically, see ¶ 0036). Claim(s) 3, 7, 11, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of RUNYON-MIYAGAWA in view of FREEDMAN et al. (US 8,427,369 B1), hereinafter FREEDMAN. Regarding claims 3, 7, 11, and 15 the combination of RUNYON-MIYAGAWA fails to explicitly disclose determining, based on measurement information, whether the second link resource is available, or selecting a link resource that is available as the second link resource based on measurement information. In the same field of endeavor, FREEDMAN discloses the CESs 115a and 115b may transmit signals to the gateway 110 over the satellite return links 150b and 155b, respectively. The gain and/or phase of the return link signals may be measured by the gateway 110 and the corresponding measurement data may be used to enable calibration and/or pointing correction for reverse GBBF via the satellite 105. The service links 150 and 155 may operate, for example, in the L-band or the S-Band. Signals received at the satellite 105 from the CESs 115a and 115b in the L-band or S-Band may, for example, be retransmitted to the gateway 110 in the Ku-Band using the feeder link 145b (see col. 4 lines 43-53). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement FREEDMAN’s teaching in the network taught by the combination of RUNYON-MIYAGAWA for providing network’s efficiency by adjusting bands based on the link current condition. Claim(s) 4, 8, 12, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of RUNYON-MIYAGAWA in view of KARABINIS et al. (US 2009/0131046 A1), hereinafter KARABINIS ‘046. Regarding claims 4, 8, 12, 16, the combination of RUNYON-MIYAGAWA fails to disclose wherein the determining whether the second link resource is available, and/or selecting a link resource that is available is based on indication information from a first satellite in the first communication system, a mobility management entity, a resource management center, a terminal served by the first device, or a network device in a second communication system. In the same field of endeavor, KARABINIS ‘046 discloses the present invention uses a MSC to coordinate frequency assignment and/or use between the satellite and terrestrial components. The MSC determines which of the channels are currently being used, and where. In this embodiment, the MSC is operatively communicable with, for example, a base station controller (BSC) which, in turn, informs one or more BTSs which channels are currently in use by the satellite component. When a channel goes in use on a satellite while the channel is being used terrestrially, a determination is made whether a handoff should be made to a channel having a weaker signal (see ¶ 0044). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement KARABINIS ‘046 teaching in the network taught by the combination of RUNYON-MIYAGAWA to make sure the uplink channel is available for the terminal to transmit data to the satellite. Claim(s) 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of RUNYON-MIYAGAWA in view of KARABINIS et al. (US 2002/0041575 A1), hereinafter KARABINIS. Regarding claims 17, and 19, the combination of RUNYON-MIYAGAWA fails to disclose that the second link resource is also determined by the terminal. In the same field of endeavor, KARABINIS If interference is acceptable, then the terminal preferably camps on the satellite at step 2336, preferably for a pre-specified period of time before another request to hand-off to a transition channel is made. If interference is not acceptable, discloses the terminal preferably determines if another satellite channel is available for use at decision step 2346. If not, then the terminal preferably camps on the channel at step 2336. If so, the terminal is preferably re-assigned to a new satellite channel at step 2348, which it camps on at step 2336, preferably for a pre-specified period of time before another request to hand-off to a transition channel is made at step 2318 (see ¶ 0176). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement KARABINIS’s teaching in the network taught by the combination of RUNYON-MIYAGAWA allowing the terminal to select channel optimizes performance by the terminal actively seek out and switch to less congested or interference channel(s). Claim(s) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of RUNYON-MIYAGAWA in view of REGULINSKI et al. (US 2002/0041575 A1), hereinafter REGULINSKI. Regarding claim 18, and 20, the combination of RUNYON-MIYAGAWA fails to explicitly disclose that the second link resource is also determined by the satellite. In the same field of endeavor, REGULINSKI discloses that the controller in satellite determine available channels to use in the satellite uplink and downlink bands for communication between at least one of the user terminals and the satellite (see claim 51). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement REGULINSKI’s teaching in the network taught by the combination of RUNYON-MIYAGAWA to provide scalability and flexibility by allowing the satellite to allocate channels based on satellite’s current environment. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any response to this action should be mailed to: The following address mail to be delivered by the United States Postal Service (USPS) only: Mail Stop _____________ Commissioner for Patents P. O. Box 1450 Alexandria, VA 22313-1450 or faxed to: (571) 273-8300, (for formal communications intended for entry) Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob A. Phunkulh whose telephone number is (571) 272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M. to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-week). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor CHARLES C. JIANG can be reach on (571) 270-7191. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Jan 31, 2023
Application Filed
Jul 24, 2025
Non-Final Rejection mailed — §103
Oct 20, 2025
Response Filed
Dec 18, 2025
Final Rejection mailed — §103
Mar 17, 2026
Response after Non-Final Action
Apr 10, 2026
Request for Continued Examination
Apr 18, 2026
Response after Non-Final Action
May 02, 2026
Non-Final Rejection (signed) — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+9.3%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 942 resolved cases by this examiner. Grant probability derived from career allowance rate.

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