Office Action Predictor
Last updated: April 15, 2026
Application No. 18/191,352

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Mar 28, 2023
Examiner
THAWNG, MANG BOI
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., LTD.
OA Round
2 (Non-Final)
92%
Grant Probability
Favorable
2-3
OA Rounds
2y 10m
To Grant
91%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
62 granted / 67 resolved
+34.5% vs TC avg
Minimal -1% lift
Without
With
+-1.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
24 currently pending
Career history
91
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
23.3%
-16.7% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 67 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 . 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) 1, 6, 11, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0245364 A1) in view of Moderator (China Telecom), “[102-e-NR-CovENnh-03] Email discussion/approval on PUSCH coverage enhancement”, 3GPP TSG RAN WG1 Meeting #102-e, R1-2007404, (IDS submitted on 10/31/2023), hereinafter referred to as NPL1. Regarding claim 1, Kim teaches: A communication method, comprising: receiving, a random access request from a terminal device ( see ¶[0354], The UE transmits the PRACH (also referred to as Msg1) ) ; and sending, a random access response to the terminal device, wherein: the random access response includes scheduling information of a message 3 ( see ¶[0356], Upon receipt of the PRACH (or Msg1), the BS transmits a random access response (or Msg2) to the UE within a predetermined time period. The RAR may include UL transmission timing control information, UL power control information, and scheduling information for a PUSCH that the UE will transmit in response to the RAR, for the UE); and the scheduling information includes first information that includes a request that the terminal device repeatedly transmit the message 3 with a similar transmit power and a similar precoding matrix for each transmission of the message 3 ( see ¶[0358], Upon receipt of the RAR, the UE transmits a PUSCH (or Msg3) at a specific time associated with an RAR reception time according to the scheduling information included in the RAR; ¶[0358], The UE may transmit Msg3 repeatedly in each symbol (e.g., symbol repetition) in the UL data transmission; ¶[0435], the UE may transmit Msg3 with the same power value as that of the PRACH. In other words, the UE may transmit the PRACH and Msg3 based on the same power value). Kim, however, fails to explicitly teach information related to transmit the message 3 with similar precoding matrix. However, NPL 1, in the same or similar field of endeavor discloses PUSCH retransmission using the same precoding matrix, same transmit power, etc., in order to allow joint channel estimation (see NPL1, page 32, last box, Huawei, Hisilicon contribution). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify Kim's teachings with NPL1's above teaching in order to improve uplink coverage (see NPL1, page 32, last box, Huawei, Hisilicon contribution). Regarding claim 6, Kim teaches: A communication method, comprising: receiving, a random access response from a network device that includes scheduling information of a message 3 that includes first information to request repeated transmission of the message 3 at a same transmit power and a same precoding matrix ( see ¶[0356], Upon receipt of the PRACH (or Msg1), the BS transmits a random access response (or Msg2) to the UE within a predetermined time period. The RAR may include UL transmission timing control information, UL power control information, and scheduling information for a PUSCH that the UE will transmit in response to the RAR, for the UE); and repeatedly transmitting, the message 3 based on the first information at the same transmit power and the same precoding matrix for each transmission of the message 3 ( see ¶[0358], Upon receipt of the RAR, the UE transmits a PUSCH (or Msg3) at a specific time associated with an RAR reception time according to the scheduling information included in the RAR; ¶[0358], The UE may transmit Msg3 repeatedly in each symbol (e.g., symbol repetition) in the UL data transmission; ¶[0435], the UE may transmit Msg3 with the same power value as that of the PRACH. In other words, the UE may transmit the PRACH and Msg3 based on the same power value). Kim, however, fails to explicitly teach information related to transmit the message 3 with same precoding matrix. However, NPL 1, in the same or similar field of endeavor discloses PUSCH retransmission using the same precoding matrix, same transmit power, etc., in order to allow joint channel estimation (see NPL1, page 32, last box, Huawei, Hisilicon contribution). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify Kim's teachings with NPL1's above teaching in order to improve uplink coverage (see NPL1, page 32, last box, Huawei, Hisilicon contribution). Regarding claim 11, Kim teaches: A communication apparatus (see Fig. 24, Base Station (100)), comprising: a processing unit (Processor, 140), configured to receive a random access request from a terminal device through a communication unit (Transmitter 110, Receiver, 120; ¶[0354], The UE transmits the PRACH (also referred to as Msg1) ), wherein : the processing unit is configured to send a random access response to the terminal device through the communication unit ( see ¶[0356], Upon receipt of the PRACH (or Msg1), the BS transmits a random access response (or Msg2) to the UE within a predetermined time period. The RAR may include UL transmission timing control information, UL power control information, and scheduling information for a PUSCH that the UE will transmit in response to the RAR, for the UE), wherein: the random access response includes scheduling information of a message 3 that includes first information that requests the terminal device repeatedly transmit the message 3 at a same transmit power and a same precoding matrix for each transmission of the message 3 ( see ¶[0358], Upon receipt of the RAR, the UE transmits a PUSCH (or Msg3) at a specific time associated with an RAR reception time according to the scheduling information included in the RAR; ¶[0358], The UE may transmit Msg3 repeatedly in each symbol (e.g., symbol repetition) in the UL data transmission; ¶[0435], the UE may transmit Msg3 with the same power value as that of the PRACH. In other words, the UE may transmit the PRACH and Msg3 based on the same power value). Kim, however, fails to explicitly teach information related to transmit the message 3 with same precoding matrix. However, NPL 1, in the same or similar field of endeavor discloses PUSCH retransmission using the same precoding matrix, same transmit power, etc., in order to allow joint channel estimation (see NPL1, page 32, last box, Huawei, Hisilicon contribution). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify Kim's teachings with NPL1's above teaching in order to improve uplink coverage (see NPL1, page 32, last box, Huawei, Hisilicon contribution). Regarding claim 16, Kim teaches: A communication apparatus (see Fig. 24, User Equipment (1)), comprising: a communication unit (Transmitter 10, Receiver 20); and a processing unit (Processor 40), configured to receive a random access response from a network device through the communication unit ( see ¶[0356], Upon receipt of the PRACH (or Msg1), the BS transmits a random access response (or Msg2) to the UE within a predetermined time period. The RAR may include UL transmission timing control information, UL power control information, and scheduling information for a PUSCH that the UE will transmit in response to the RAR, for the UE), wherein the random access response includes scheduling information of a message 3 that includes first information that requests repeated transmission of the message 3 at a same transmit power and a same precoding matrix for each transmission of the message 3 ( see ¶[0358], Upon receipt of the RAR, the UE transmits a PUSCH (or Msg3) at a specific time associated with an RAR reception time according to the scheduling information included in the RAR; ¶[0358], The UE may transmit Msg3 repeatedly in each symbol (e.g., symbol repetition) in the UL data transmission; ¶[0435], the UE may transmit Msg3 with the same power value as that of the PRACH. In other words, the UE may transmit the PRACH and Msg3 based on the same power value), wherein: the processing unit is configured to repeatedly transmit the message 3 based on the first information by using the same transmit power and the same precoding matrix through the communication unit ( see ¶[0358], Upon receipt of the RAR, the UE transmits a PUSCH (or Msg3) at a specific time associated with an RAR reception time according to the scheduling information included in the RAR; ¶[0358], The UE may transmit Msg3 repeatedly in each symbol (e.g., symbol repetition) in the UL data transmission; ¶[0435], the UE may transmit Msg3 with the same power value as that of the PRACH. In other words, the UE may transmit the PRACH and Msg3 based on the same power value). Kim, however, fails to explicitly teach information related to transmit the message 3 with same precoding matrix. However, NPL 1, in the same or similar field of endeavor discloses PUSCH retransmission using the same precoding matrix, same transmit power, etc., in order to allow joint channel estimation (see NPL1, page 32, last box, Huawei, Hisilicon contribution). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify Kim's teachings with NPL1's above teaching in order to improve uplink coverage (see NPL1, page 32, last box, Huawei, Hisilicon contribution). Claim(s) 3, 5, 8, 10, 13, 15, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, in view of NPL1, and further in view of Boroujeni et al. ( US 2021/0266955 A1), hereinafter referred to as Boroujeni . Regarding claim 3, the combination teaches the method according to claim 1. Although the combination teaches the BS instructs the UE to perform frequency hopping on Msg3 ( see Kim¶[0430] ), the combination, however, fails to explicitly teach information related to sending, third information to the terminal device that includes a frequency hopping mode for repeatedly transmitting the message 3. However, Boroujeni, in the same or similar field of endeavor teaches: the method according to claim 1, further comprising: sending, third information to the terminal device that includes a frequency hopping mode for repeatedly transmitting the message 3 ( see Boroujeni, FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Boroujeni's above teachings in order to improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ( see Boroujeni, ¶[0031]). Known work in one field of endeavor (Boroujeni prior art) may prompt variations of it for use in either the same field or different one (Kim prior art) based on design incentives ( improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ) or other market forces if the variations are predictable to one or ordinary skill in the art. Regarding claim 5, Kim, NPL1, and Boroujeni combination teaches: The method according to claim 3, wherein the third information is included in the scheduling information (Boroujeni, see FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern ); or the third information is included in a system information block 1 (SIB 1) or other system information. Regarding claim 8, Kim and NPL1 combination teaches the method according to claim 6. Although the combination teaches the BS instructs the UE to perform frequency hopping on Msg3 ( see Kim¶[0430] ), the combination, however, fails to explicitly teach information related to receiving, third information from the network device that includes a frequency hopping mode for repeatedly transmitting the message 3. However, Boroujeni, in the same or similar field of endeavor teaches: the method according to claim 6 further comprising: receiving, third information from the network device that includes a frequency hopping mode for repeatedly transmitting the message 3 ( see Boroujeni, FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern ). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Boroujeni's above teachings in order to improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ( see Boroujeni, ¶[0031]). Known work in one field of endeavor (Boroujeni prior art) may prompt variations of it for use in either the same field or different one (Kim prior art) based on design incentives ( improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ) or other market forces if the variations are predictable to one or ordinary skill in the art. Regarding claim 10, Kim, NPL1, and Boroujeni combination teaches: The method according to claim 8, wherein: the third information is included in the scheduling information (see Boroujeni, FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern ); or the third information is included in a system information block 1 (SIB1) or other system information. Regarding claim 13, Kim and NPL1 teaches the apparatus according to claim 11. Although the combination teaches the BS instructs the UE to perform frequency hopping on Msg3 ( see Kim¶[0430] ), the combination, however, fails to explicitly teach information related to send third information to the terminal device that includes a frequency hopping mode for repeatedly transmitting the message 3. However, Boroujeni, in the same or similar field of endeavor teaches: the apparatus according to claim 11, wherein: the communication unit is further configured to: send third information to the terminal device that includes a frequency hopping mode for repeatedly transmitting the message 3 ( see Boroujeni, FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern ). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Boroujeni's above teachings in order to improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ( see Boroujeni, ¶[0031]). Known work in one field of endeavor (Boroujeni prior art) may prompt variations of it for use in either the same field or different one (Kim prior art) based on design incentives ( improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ) or other market forces if the variations are predictable to one or ordinary skill in the art. Regarding claim 15, Kim, NPL1, and Boroujeni combination teaches: The apparatus according to claim 13, wherein: the third information is included in the scheduling information; or the third information is included in a system information block 1 (SIB1) or other system information ( see Boroujeni, FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern ); or the third information is included in a system information block 1 (SIB 1) or other system information. Regarding claim 18, Kim and NPL1 combination teaches the apparatus according to claim 16. Although the combination teaches the BS instructs the UE to perform frequency hopping on Msg3 ( see Kim¶[0430] ), the combination, however, fails to explicitly teach information related to receive third information from the network device that includes a frequency hopping mode for repeatedly transmitting the message 3. However, Boroujeni, in the same or similar field of endeavor teaches: the apparatus according to claim 16, wherein: the communication unit is further configured to: receive third information from the network device that includes a frequency hopping mode for repeatedly transmitting the message 3 ( see Boroujeni, FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern ). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Boroujeni's above teachings in order to improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ( see Boroujeni, ¶[0031]). Known work in one field of endeavor (Boroujeni prior art) may prompt variations of it for use in either the same field or different one (Kim prior art) based on design incentives ( improve reliability of the RACH procedure, and thus, ensure the establishment of a communication connection between a UE and a base station ) or other market forces if the variations are predictable to one or ordinary skill in the art. Regarding claim 20, Kim, NPL1, and Boroujeni combination teaches: The apparatus according to claim 18, wherein: the third information is included in the scheduling information; or the third information is included in a system information block 1 (SIB1) or other system information ( see Boroujeni, FIG. 6; ¶[0081], receiving, using a first receive beam, a random access message 2 transmitted by a base station using a first transmit beam, the random access message 2 indicating to the UE to transmit a plurality of repetitions of a random access message 3, the random access message 2 further including an indication of a number of repetitions in the plurality of repetitions; ¶[0082], the repetition component 144 to transmit the plurality of repetitions of the random access message 3 based on the random access message 2. The repetition component 144 may repeat the message 3 based on the number of the plurality of repetitions. In an aspect, transmitting the plurality of repetitions of the random access message 3 may include transmitting the plurality of repetitions using a frequency hopping pattern). Allowable Subject Matter Claim(s) 2, 4, 7, 9, 12, 14, 17, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Axnas et al. ( US 2023/0262753 A1), Coverage enhancement of msg3 and msga transmissions on physical uplink shared channel Kato et al. ( US 2017/0359836 A1), Terminal device, base station device, radio communication method, and integrated circuit Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANG BOI THAWNG whose telephone number is (703)756-4751. The examiner can normally be reached M-F 7:30 am - 5:00 pm. 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, Ayaz Sheikh can be reached at (571)272-3795. 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. /MANG BOI THAWNG/Examiner, Art Unit 2476 /PHIRIN SAM/Primary Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Mar 28, 2023
Application Filed
Jul 14, 2025
Non-Final Rejection — §103
Oct 15, 2025
Response Filed
Dec 19, 2025
Non-Final Rejection — §103
Mar 30, 2026
Response Filed

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Prosecution Projections

2-3
Expected OA Rounds
92%
Grant Probability
91%
With Interview (-1.2%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 67 resolved cases by this examiner. Grant probability derived from career allow rate.

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