Prosecution Insights
Last updated: April 19, 2026
Application No. 18/181,337

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Mar 09, 2023
Examiner
PASIA, REDENTOR M
Art Unit
2413
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
530 granted / 668 resolved
+21.3% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
43 currently pending
Career history
711
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
53.9%
+13.9% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 668 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 3-7, 9-15 and 17-21 have been considered but are moot based on new grounds of rejections. 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. 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) 1, 3, 7-9, 12-15 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2023/0239784; hereinafter Zhang) in view of Xia et al. (US 2013/0058269; hereinafter Xia). Regarding claim 1, Zhang shows a communication apparatus (Figure 16 shows a base station performing in part the method shown in Figure 5.), comprising a processor, coupled with a memory, wherein the processor is configured to execute instructions stored in the memory to cause the apparatus (Figure 16 shows software stored in memory and executed by a processor to perform the disclosed energy-saving method.) to perform the following: sending data to an artificial intelligence (AI) device (Figures 5 and 14; Par. 0040, 0090, 0102, 0213; each base station reports energy-consumption influencing factor data of a target cell to the control unit. Control unit/energy-saving apparatus includes at least a prediction module 42 that is implemented as a machine learning prediction model.), wherein the data comprises coverage information of the cell (Par. 0035; energy-consumption influencing factor data corresponding to each time granularity (i.e. time information) of the target cell in a past period of time (for example, one month) may be collected, and the load trend of the target cell in the future may be predicted through a machine learning prediction model or the like.) and common configuration information of cell (Par. 0093; base station collects the energy-consumption influencing factor data and may determine the load factors that need to be predicted. For example, the energy-consumption influencing factor data includes a variety of load information, the cell network planning information, and the information about the non-network factor in the preceding embodiment.); and receiving an energy saving policy from the AI device (Figure 5; Par. 0105; the energy-saving strategy and the effective time are received at one or more base stations from the control unit.), wherein the energy saving policy is determined by the AI device at least based on the coverage information of the cell and the common configuration information of cell (Figure 5; Par. 0103-0104; an energy-saving strategy of the target cell and effective time corresponding to the energy-saving strategy are determined according to the load trend. The load trend of the target cell is predicted according to the energy-consumption influencing factor data.) and the energy saving policy comprises at least one of the following: an energy saving area (ESA) to which a cell served by a network device belongs (Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area that the control unit is responsible for, may predict a load trend (may also determine an energy-saving strategy) for target cells of each base station, and then may indicate the load trend (or the energy-saving strategy) to a respective base station. Each base station manages the target cells in its coverage range according to the energy-saving strategy, thereby implementing energy-saving control.) wherein an area of the ESA is larger than an area of the cell served by the network device (Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area that the control unit is responsible for. In this instance, the area which the control unit is responsible for is larger than area of the cell served by the control unit as the area includes the coverage ranges of all the base stations.); or an energy saving priority of each cell in the ESA. Zhang does not specifically show an identifier of an energy saving area. However, the above-mentioned claim limitations are well-established in the art as evidenced by Xia. Specifically, Xia shows identifier of an energy saving area (Par. 0053; When the identifier of the energy saving entity is a group identifier of multiple energy saving base stations or a group identifier of multiple energy saving cells, the IRPAgent parses the group identifier of multiple energy saving base stations to obtain identifiers of the energy saving base stations, or parses the group identifier of multiple energy saving cells to obtain identifiers of the multiple energy saving cells. Optionally, the identifier of the coverage backup entity for energy saving may further include: geographic area identifier, tracking area identifier, group identifier of multiple geographic areas, or group identifier of multiple tracking areas.). In view of the above, having the system of Zhang, then given the well-established teaching of Xia, it would have been obvious before the effective filing date of the claimed invention to modify the system of Zhang as taught by Xia, in order to provide motivation to satisfy energy saving management requirements in different network deployment scenarios (Par. 0009 of Xia). Regarding claim 3, modified Zhang shows wherein the coverage information of the cell comprises at least one of the following: position information of a terminal device in the cell, beam information measured by the terminal device, cell quality information measured by the terminal device, time information (Examiner elects this limitation for prosecution. Zhang: Par. 0035; energy-consumption influencing factor data corresponding to each time granularity (i.e. time information) of the target cell in a past period of time (for example, one month) may be collected, and the load trend of the target cell in the future may be predicted through a machine learning prediction model or the like.), or cell identity information. Regarding claim 7, Zhang shows a communication apparatus (Figure 17 shows the control unit performing in part the method shown in Figure 5.), comprising a processor, coupled with a memory, wherein the processor is configured to execute instructions stored in the memory to cause the apparatus (Figure 17 shows software stored in memory and executed by a processor to perform the disclosed energy-saving method.) to perform the following: receiving data from a network device (Figure 5; Par. 0040, 0090, 0102; collecting energy- consumption influencing factor data of a target cell as reported by each base station under the control unit.), wherein the data comprises coverage information of the cell (Par. 0035; energy-consumption influencing factor data corresponding to each time granularity (i.e. time information) of the target cell in a past period of time (for example, one month) may be collected, and the load trend of the target cell in the future may be predicted through a machine learning prediction model or the like.) and common configuration information of cell (Par. 0093; base station collects the energy-consumption influencing factor data and may determine the load factors that need to be predicted. For example, the energy-consumption influencing factor data includes a variety of load information, the cell network planning information, and the information about the non-network factor in the preceding embodiment.); and determining an energy saving policy at least based on the coverage information of the cell and the common configuration information of cell (Figure 5; Par. 0103-0104; an energy-saving strategy of the target cell and effective time corresponding to the energy-saving strategy are determined according to the load trend. The load trend of the target cell is predicted according to the energy-consumption influencing factor data.); and sending the energy saving policy to the network device (Figure 5; Par. 0105; the energy-saving strategy and the effective time are indicated to a base station.), wherein the energy saving policy comprises at least one of the following: an energy saving area (ESA) to which a cell served by the network device belongs (Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area that the control unit is responsible for, may predict a load trend (may also determine an energy-saving strategy) for target cells of each base station, and then may indicate the load trend (or the energy-saving strategy) to a respective base station. Each base station manages the target cells in its coverage range according to the energy-saving strategy, thereby implementing energy-saving control.) wherein an area of the ESA is larger than an area of the cell served by the network device (Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area that the control unit is responsible for. In this instance, the area which the control unit is responsible for is larger than area of the cell served by the control unit as the area includes the coverage ranges of all the base stations.); or an energy saving priority of each cell in the ESA. Zhang does not specifically show an identifier of an energy saving area. However, the above-mentioned claim limitations are well-established in the art as evidenced by Xia. Specifically, Xia shows identifier of an energy saving area (Par. 0053; When the identifier of the energy saving entity is a group identifier of multiple energy saving base stations or a group identifier of multiple energy saving cells, the IRPAgent parses the group identifier of multiple energy saving base stations to obtain identifiers of the energy saving base stations, or parses the group identifier of multiple energy saving cells to obtain identifiers of the multiple energy saving cells. Optionally, the identifier of the coverage backup entity for energy saving may further include: geographic area identifier, tracking area identifier, group identifier of multiple geographic areas, or group identifier of multiple tracking areas.). In view of the above, having the system of Zhang, then given the well-established teaching of Xia, it would have been obvious before the effective filing date of the claimed invention to modify the system of Zhang as taught by Xia, in order to provide motivation to satisfy energy saving management requirements in different network deployment scenarios (Par. 0009 of Xia). Regarding claim 8, modified Zhang shows wherein the data comprises at least one of the following: coverage information of the cell (Examiner elects this limitation for prosecution. Zhang: Par. 0035; energy-consumption influencing factor data corresponding to each time granularity (i.e. time information) of the target cell in a past period of time (for example, one month) may be collected, and the load trend of the target cell in the future may be predicted through a machine learning prediction model or the like.), or common configuration information of the cell. Regarding claim 9, modified Zhang shows wherein the coverage information of the cell comprises at least one of the following: position information of a terminal device in the cell, beam information measured by the terminal device, cell quality information measured by the terminal device, time information (Examiner elects this limitation for prosecution. Zhang: Par. 0035; energy-consumption influencing factor data corresponding to each time granularity (i.e. time information) of the target cell in a past period of time (for example, one month) may be collected, and the load trend of the target cell in the future may be predicted through a machine learning prediction model or the like.), or cell identity information. Regarding claim 12, Zhang shows communication apparatus (Figure 17 shows the control unit performing in part the method shown in Figure 5.), comprising a processor coupled with a memory, wherein the processor is configured to execute instructions stored in the memory (Figure 17 shows software stored in memory and executed by a processor to perform the disclosed energy-saving method.) to cause the apparatus perform the following: receiving coverage information of a cell served by a network device (Figure 5; Par. 0040, 0090, 0102; collecting energy-consumption influencing factor data of a target cell as reported by each base station under the control unit.); and determining an energy saving policy based on the coverage information of the cell (Figure 5; Par. 0103-0104; an energy-saving strategy of the target cell and effective time corresponding to the energy-saving strategy are determined according to the load trend. The load trend of the target cell is predicted according to the energy-consumption influencing factor data.) and common configuration information of the cell (Par. 0093; base station collects the energy-consumption influencing factor data and may determine the load factors that need to be predicted. For example, the energy-consumption influencing factor data includes a variety of load information, the cell network planning information, and the information about the non-network factor in the preceding embodiment.), wherein the energy saving policy indicates at least one of the following: an energy saving area (ESA) to which the cell served by the network device belongs (Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area that the control unit is responsible for, may predict a load trend (may also determine an energy-saving strategy) for target cells of each base station, and then may indicate the load trend (or the energy-saving strategy) to a respective base station. Each base station manages the target cells in its coverage range according to the energy-saving strategy, thereby implementing energy-saving control.) wherein an area of the ESA is larger than an area of the cell served by the network device (Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area that the control unit is responsible for. In this instance, the area which the control unit is responsible for is larger than area of the cell served by the control unit as the area includes the coverage ranges of all the base stations.); or an energy saving priority of each cell in the ESA. Zhang shows all of the elements including the step of receiving coverage information of a cell served by a network device, as discussed above. Zhang does not specifically show an identifier of an energy saving area. However, the above-mentioned claim limitations are well-established in the art as evidenced by Xia. Specifically, Xia shows identifier of an energy saving area (Par. 0053; When the identifier of the energy saving entity is a group identifier of multiple energy saving base stations or a group identifier of multiple energy saving cells, the IRPAgent parses the group identifier of multiple energy saving base stations to obtain identifiers of the energy saving base stations, or parses the group identifier of multiple energy saving cells to obtain identifiers of the multiple energy saving cells. Optionally, the identifier of the coverage backup entity for energy saving may further include: geographic area identifier, tracking area identifier, group identifier of multiple geographic areas, or group identifier of multiple tracking areas.). In view of the above, having the system of Zhang, then given the well-established teaching of Xia, it would have been obvious before the effective filing date of the claimed invention to modify the system of Zhang as taught by Xia, in order to provide motivation to satisfy energy saving management requirements in different network deployment scenarios (Par. 0009 of Xia). Regarding claim 13, this claim is rejected based on the same reasoning as presented in the rejection of claim 3. Regarding claim 14, modified Zhang shows wherein the processor is further configured to determine energy consumption information of the cell based on the coverage information, wherein the energy saving policy is determined based on the energy consumption information (Zhang: Figure 5; Par. 0103-0104; an energy-saving strategy of the target cell and effective time corresponding to the energy-saving strategy are determined according to the load trend. The load trend of the target cell is predicted according to the energy-consumption influencing factor data.). Regarding claim 15, modified Zhang shows wherein the energy saving policy includes at least one of the following: slot shutdown, power amplifier shutdown, carrier shutdown (Zhang: Par. 0084; Table 4 shows energy-saving strategy includes carrier shutdown), cell shutdown, cell coverage adjustment, or load migration. Regarding claim 18, modified Zhang shows wherein the energy saving policy includes at least one of the following: slot shutdown, power amplifier shutdown, carrier shutdown (Zhang: Par. 0084; Table 4 shows energy-saving strategy includes carrier shutdown), cell shutdown, cell coverage adjustment, or load migration. Regarding claim 19, modified Zhang shows wherein the data sent to the AI device includes at least one of the following: configuration information of a channel state information-reference signal CSI-RS in the cell; a maximum quantity of terminal devices in a connected state supported in the cell; a current quantity of terminal devices in a connected state in the cell; quantity distribution of terminal devices in the cell; spectral efficiency of the cell; a throughput of the cell (Zhang: Par. 0042; energy-consumption influencing factor data includes a throughput of a cell.); a load level of the cell (Zhang: Par. 0042; the energy-consumption influencing factor data includes a variety of load information of the target cell.); usage of an uplink physical resource block or a downlink physical resource block in the cell (Zhang: Par. 0042; the energy-consumption influencing factor data includes a variety of load information of the target cell such as an uplink physical resource block (PRB) utilization rate or a downlink PRB utilization rate.); information about a slice supported by the cell; or usage of a beam resource in the cell. Regarding claim 20, modified Zhang shows wherein at least two cells are associated with the identifier of the ESA (Zhang: Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area (as identified by the combination of Zhang in view of Xia per Par. 0053 of Xia) that the control unit is responsible for.). Regarding claim 21, modified Zhang shows wherein at least two cells are associated with the identifier of the ESA (Zhang: Par. 0040; the control unit may collect data of target cells in coverage ranges of all base stations in an area (as identified by the combination of Zhang in view of Xia per Par. 0053 of Xia) that the control unit is responsible for.). Claim(s) 4-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Xia and Moshfeghi (US 2013/0094439; hereinafter Moshfeghi). Regarding claim 4, modified Zhang shows all of the elements including the common configuration information of the cell, as discussed above. Moshfeghi does not specifically show wherein the common configuration information of the cell comprises first common configuration information, and the first common configuration information comprises at least one of the following: a period of a synchronization signal/physical broadcast channel block (SSB); a period of a master information block (MIB); a period of a system message block 1 (SIB 1) or a period of a system message that needs to be broadcast and sent; paging configuration information; configuration information of a random access resource; a quantity of SSB beams of the cell; a quantity of antennas; or a maximum transmit power of the cell. However, the above-mentioned claim limitations are well-established in the art as evidenced by Moshfeghi. Specifically, Moshfeghi shows wherein the common configuration information of the cell comprises first common configuration information, and the first common configuration information comprises at least one of the following: a period of a synchronization signal/physical broadcast channel block (SSB); a period of a master information block (MIB); a period of a system message block 1 (SIB 1) or a period of a system message that needs to be broadcast and sent; paging configuration information; configuration information of a random access resource; a quantity of SSB beams of the cell; a quantity of antennas (Par. 0029; the network management engine 120 in the master application device 111 may be enabled to monitor and collect corresponding communication environment information including at least a number of transceivers and a number of antennas per transceiver.); or a maximum transmit power of the cell. In view of the above, having the system of Zhang, then given the well-established teaching of Moshfeghi, it would have been obvious before the effective filing date of the claimed invention to modify the system of Zhang as taught by Moshfeghi, in order to provide motivation to an efficient network monitoring and configuration based on collected data (Par. 0029 of Moshfeghi). Regarding claim 5, modified Zhang shows all of the elements including the common configuration information of the cell, as discussed above. Moshfeghi does not specifically show wherein the common configuration information of the cell comprises second common configuration information, and the second common configuration information comprises at least one of the following: a subcarrier spacing supported by the cell; or a slice type supported by the cell. However, the above-mentioned claim limitations are well-established in the art as evidenced by Moshfeghi. Specifically, Moshfeghi shows wherein the common configuration information of the cell comprises second common configuration information, and the second common configuration information comprises at least one of the following: a subcarrier spacing supported by the cell; or a slice type supported by the cell (Par. 0029; the network management engine 120 in the master application device 111 may be enabled to monitor and collect corresponding communication environment information including at least service types, service classes and/or service requirements.). In view of the above, having the system of Zhang, then given the well-established teaching of Moshfeghi, it would have been obvious before the effective filing date of the claimed invention to modify the system of Zhang as taught by Moshfeghi, in order to provide motivation to an efficient network monitoring and configuration based on collected data (Par. 0029 of Moshfeghi). Regarding claims 10 and 11, these claims are rejected based on the same reasoning as presented in the rejection of claims 4 and 5, respectively. Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Xia and Cheng et al. (US 2022/0046498; hereinafter Cheng). Regarding claim 6, modified Zhang shows all of the elements including the collected coverage information of the cell, as discussed above. Zhang does not specifically show sending a first request to the terminal device, wherein the first request is for requesting the terminal device to collect the coverage information of the cell; and receiving a first response from the terminal device, wherein the first response comprises the coverage information of the cell collected by the terminal device. However, the above-mentioned claim limitations are well-established in the art as evidenced by Cheng. Specifically, Cheng shows determining a target cell based on the received energy saving policy (Par. 0048; the central unit 109A may determine whether the distributed unit 111A is within the geographical area in which the power saving functions may be applied.). In view of the above, having the system of Zhang, then given the well-established teaching of Cheng, it would have been obvious before the effective filing date of the claimed invention to modify the system of Zhang as taught by Cheng, in order to provide motivation to perform proper (and/or accurate) measurements based on the configured reference signals. (Par. 0008 of Cheng). Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Xia and Salmela (US 2019/0387471; hereinafter Salmela). Regarding claim 17, modified Zhang shows all of the elements except determining a target cell based on the received energy saving policy. However, the above-mentioned claim limitations are well-established in the art as evidenced by Salmela. Specifically, Salmela shows determining a target cell based on the received energy saving policy (Par. 0048; the central unit 109A may determine whether the distributed unit 111A is within the geographical area in which the power saving functions may be applied.). In view of the above, having the system of Zhang, then given the well-established teaching of Salmela, it would have been obvious before the effective filing date of the claimed invention to modify the system of Zhang as taught by Salmela, in order to provide motivation to reduce power consumption in the geographical area (Par. 0051 of Salmela). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20240422055 A1 - relates to placement and configuration of virtualised network functions and the functional split between functions in a Radio Access Network, RAN. US 20210274361 A1 - related to wireless communication systems, and, for example, to control of wireless communication network traffic. Any inquiry concerning this communication or earlier communications from the examiner should be directed to REDENTOR M PASIA whose telephone number is (571)272-9745. The examiner can normally be reached Mondays-Thursdays - 5am-245pm and Fridays 5am-330pm. 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, Un Cho can be reached at (571)272-7919. 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. /REDENTOR PASIA/Primary Examiner, Art Unit 2413
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Prosecution Timeline

Mar 09, 2023
Application Filed
May 04, 2023
Response after Non-Final Action
May 07, 2025
Non-Final Rejection — §103
Jul 15, 2025
Response Filed
Sep 03, 2025
Final Rejection — §103
Dec 02, 2025
Response after Non-Final Action
Dec 29, 2025
Request for Continued Examination
Jan 24, 2026
Response after Non-Final Action
Feb 28, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
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Grant Probability
99%
With Interview (+23.7%)
3y 3m
Median Time to Grant
High
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