Prosecution Insights
Last updated: April 19, 2026
Application No. 18/232,234

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Final Rejection §103
Filed
Aug 09, 2023
Examiner
MURILLO GARCIA, FABRICIO R
Art Unit
2633
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
2y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
481 granted / 569 resolved
+22.5% vs TC avg
Strong +57% interview lift
Without
With
+56.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
37 currently pending
Career history
606
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
48.4%
+8.4% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
28.9%
-11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 569 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 . Response to Arguments Following response to arguments is based on Applicant’s arguments filed on 22 January 2026. Regarding Previous Rejection Under 35 USC § 112 Previous rejection of claims 1-20 has been withdrawn in view of the amendment to the rejected claims. Regarding Previous Rejection Under 35 USC § 103 Applicant’s arguments [Pages 8-10] with respect to rejection of claims 1, 10, 12 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference(s). Regarding claim 1, on pages 8-10, Applicant argues that prior art of record fails to teach “wherein a generation of the first network is different from a generation of the second network, and wherein the wireless access information comprises a radio access technology (RAT)/frequency selection priority index or a subscriber profile ID (SPID)”. Newly found reference Lee discloses a system (Fig. 2) where matched access information is provided from a first network with a first generation to a second network with a second generation, where the access information comprises RAT, frequency selection or subscriber IDs [Paragraphs 10, 68, 70, 81, 84, 89, 93, 121]. Regarding claims 10 and 12, these claims have been amended to incorporate similar limitations to those set forth in independent claim 1, and are rejected based on similar reasoning. Therefore, in view of the above reasons, the Examiner maintains the rejections. Claim Status Claims 1-4, 10-12 have been amended. Claims 7 and 18 have been canceled. Thus, claims 1-6, 8-17, 19-20 are presented for examination. 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 of this title, 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. Claims 1-3, 8-10, 12-14, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wifvesson et al. (US Patent Application Publication No. 2022/0338079) in view of Watfa et al. (US Patent Application Publication No. 2019/0223093) and further in view of Lee et al. (Patent Application Publication No. 2020/0374949). Regarding claim 1, Wifvesson teaches a method (Fig. 15), comprising: receiving, by a first access and management network element in a first network, wireless access assistance information from a second network (second network’s core network transmits assistance information to AMF of a first network [Paragraphs 27, 174-175]), wherein the wireless access assistance information comprises wireless access information corresponding to a terminal device (the assistance is related for UE [Paragraphs 27, 174-175]) [ determining, by the first access and management network element based on the wireless access assistance information, the wireless access information that needs to be used by the terminal device (AMF from the first network identifies whether it has the information needed so that the UE slice into the second network [Paragraphs 27, 174-175]); and [. However, Wifvesson does not explicitly mention: a) a matching condition corresponding to the wireless access information… sending, by the first access and management network element, the wireless access information that needs to be used by the terminal device to an access network device in the first network; b) wherein a generation of the first network is different from a generation of the second network, and wherein the wireless access information comprises a radio access technology (RAT)/frequency selection priority index or a subscriber profile ID (SPID). Watfa teaches, in a similar field of endeavor of communication systems, the following: a) a matching condition corresponding to the wireless access information (although a person having ordinary skills in the art would recognize that Wifvesson’s disclosure implicitly refers to matching condition, as it is needed for slicing into a new network, and for the purpose of the examination, Watfa specifies the meeting of conditions to be incorporated in the access information so that the UE slices into a second network [Paragraph 118])… sending, by the first access and management network element, the wireless access information that needs to be used by the terminal device to an access network device in the first network (then, the first network receives the access information with the information needed for slicing [Paragraphs 105-110]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Wifvesson) by disclosing a matching condition and sending the access information (as taught by Watfa) for the purpose of properly selection a second network (Watfa – Paragraph 6). But, the combination of Wifvesson and Watfa does not explicitly mention: b) wherein a generation of the first network is different from a generation of the second network, and wherein the wireless access information comprises a radio access technology (RAT)/frequency selection priority index or a subscriber profile ID (SPID). Lee teaches, in a similar field of endeavor of communication systems, the following: b) wherein a generation of the first network is different from a generation of the second network, and wherein the wireless access information comprises a radio access technology (RAT)/frequency selection priority index or a subscriber profile ID (SPID) (Lee discloses a system (Fig. 2) where matched access information is provided from a first network with a first generation to a second network with a second generation, where the access information comprises RAT, frequency selection or subscriber IDs [Paragraphs 10, 68, 70, 81, 84, 89, 93, 121]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Wifvesson) by disclosing a matching condition and sending the access information (as taught by Watfa) by having two network generations (as taught by Lee) for the purpose of combining two different generation of networks for the UE (Lee – Paragraph 6). Regarding claim 2, Wifvesson further teaches the method according to claim 1, wherein the receiving, by a first access and management network element in a first network, wireless access assistance information from a second network comprises: receiving, by the first access and management network element, the wireless access assistance information of the terminal device from a second access and management network element in the second network (the assistance information is received by second AMF of the second network [Paragraphs 174-175]). Regarding claim 3, Wifvesson further teaches the method according to claim 2, wherein the receiving, by the first access and management network element, the wireless access assistance information of the terminal device from a second access and management network element in the second network comprises: in a mobility management process of the terminal device, receiving, by the first access and management network element, the wireless access assistance information of the terminal device from the second access and management network element (the assistance information is received by second AMF of the second network [Paragraphs 174-175]). Regarding claim 8, Watfa further teaches the method according to claim 1, wherein the matching condition comprises at least one of the following matching information: user type information corresponding to the terminal device ([Paragraph 18-19, 25]), time information ([Paragraphs 94-95]), location information of the terminal device ([Paragraph 38]), service type information used by the terminal device ([Paragraphs 6, 28]), and network load information ([Paragraph 106]). Regarding claim 9, Wifvesson further teaches the method according to claim 1, wherein the first network comprises a 4th generation (4G) network ([Paragraph 84]), and the second network comprises a 5th generation (5G) network ([Paragraph 113]). Regarding claim 10, this claim is rejected as applied to claim 1. Regarding claims 12-14, 19-20, these claims are rejected as applied to claims 1-3, 8-9. Claims 4-6 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wifvesson et al. (US Patent Application Publication No. 2022/0338079) in view of Watfa et al. (US Patent Application Publication No. 2019/0223093) and further in view of Lee et al. (Patent Application Publication No. 2020/0374949) and Tang (US Patent Application Publication No. 2019/0191404). Regarding claim 4, the combination of Wifvesson, Watfa and Lee teaches all the limitations recited in claim 1. However, the combination of Wifvesson and Watfa does not explicitly mention: wherein the wireless access assistance information comprises at least one piece of wireless access information, the matching condition comprises at least one matching condition corresponding to the at least one piece of wireless access information, and the determining, by the first access and management network element based on the wireless access assistance information, wireless access information that needs to be used by the terminal device comprises: determining, by the first access and management network element, that time information of the terminal device meets a first matching condition of the at least one matching condition; and determining, by the first access and management network element, that wireless access information corresponding to the first matching condition is the wireless access information that needs to be used by the terminal device. Tang teaches, in a similar field of endeavor of communication systems, the following: wherein the wireless access assistance information comprises at least one piece of wireless access information ([Paragraphs 19, 21-22, 65-66]), the matching condition comprises at least one matching condition corresponding to the at least one piece of wireless access information ([Paragraphs 19, 21-22, 65-66]), and the determining, by the first access and management network element based on the wireless access assistance information, wireless access information that needs to be used by the terminal device comprises: determining, by the first access and management network element, that time information of the terminal device meets a first matching condition of the at least one matching condition (time information of the terminal devices meets the condition for the connection to a different network [Paragraphs 10-11, 33-34, 93-94]); and determining, by the first access and management network element, that wireless access information corresponding to the first matching condition is the wireless access information that needs to be used by the terminal device (the wireless access information correspond to the information needed by the terminal device [Paragraphs 4, 18-20, 66, 80, 113-114]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Wifvesson) by disclosing a matching condition and sending the access information (as taught by Watfa) by having two network generations (as taught by Lee) by determining wireless access information (as taught by Tang) for the purpose of avoiding delays in the communication (Tang – Paragraph 2). Regarding claim 5, Tang further teaches the method according to claim 4, wherein the at least one matching condition comprises a matching condition corresponding to the first network, and the wireless access information that needs to be used by the terminal device is used to assist the terminal device in preferentially camping on the first network (for the terminal device to move to a different network, access information meets the conditions [Paragraphs 4, 18-20, 66, 80, 113-114]). Regarding claim 6, Tang further teaches the method according to claim 5, wherein the matching condition corresponding to the first network comprises a first time condition ([Paragraphs 11-12]), and the wireless access information that needs to be used by the terminal device ([Paragraphs 127-128]) is used to assist the terminal device in preferentially camping on the first network under the first time condition ([Paragraphs 25-26]). Regarding claims 15-17, these claims are rejected as applied to claims 4-6. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wifvesson et al. (US Patent Application Publication No. 2022/0338079) in view of Watfa et al. (US Patent Application Publication No. 2019/0223093) and further in view of Lee et al. (Patent Application Publication No. 2020/0374949) and Ke (US Patent Application Publication No. 2021/0153005). Regarding claim 11, the combination of Wifvesson, Watfa and Lee teaches all the limitations recited in claim 10. However, the combination of Wifvesson and Watfa does not explicitly mention: wherein the obtaining, by a second access and management network element in a second network, wireless access assistance information of a terminal device comprises: obtaining, from a policy control function network element by the second access and management network element, the wireless access assistance information; or obtaining, from a unified data management center network element by the second access and management network element, the wireless access assistance information. Ke teaches, in a similar field of endeavor of communication systems, the following: wherein the obtaining, by a second access and management network element in a second network, wireless access assistance information of a terminal device comprises: obtaining, from a policy control function network element by the second access and management network element, the wireless access assistance information; or obtaining, from a unified data management center network element by the second access and management network element, the wireless access assistance information (PCF is used for obtaining the assistance information [Paragraphs 71, 82-85, 164, 232]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Wifvesson) by disclosing a matching condition and sending the access information (as taught by Watfa) by having two network generations (as taught by Lee) by implementing PCF (as taught by Ke) for the purpose of optimizing terminal capabilities (Ke – Paragraph 4). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FABRICIO R MURILLO GARCIA whose telephone number is (571)270-5708. The examiner can normally be reached 9-5pm. 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, Sam K Ahn can be reached at 5712723044. 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. March 25, 2026 /FABRICIO R MURILLO GARCIA/Primary Examiner, Art Unit 2633
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Prosecution Timeline

Aug 09, 2023
Application Filed
Oct 18, 2025
Non-Final Rejection — §103
Jan 22, 2026
Response Filed
Mar 25, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+56.9%)
2y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 569 resolved cases by this examiner. Grant probability derived from career allow rate.

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