Prosecution Insights
Last updated: May 29, 2026
Application No. 18/303,886

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Apr 20, 2023
Priority
Oct 23, 2020 — continuation of PCTCN2020123342
Examiner
CARDONE, JASON D
Art Unit
2458
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Non-Final)
89%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
33 granted / 37 resolved
+31.2% vs TC avg
Minimal -14% lift
Without
With
+-14.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
24 currently pending
Career history
56
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
93.0%
+53.0% vs TC avg
§102
2.3%
-37.7% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 37 resolved cases

Office Action

§102 §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 Applicant's arguments, filed 09/17/2025, have been fully considered but they are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “Relay data is forwarded by a layer below a packet data convergence protocol (PDCP) layer” and “providing unique relay identifiers, a protocol layer above an RLC layer may identify a data packet sent by a protocol layer below the RLC layer to the relay device or data received from the relay device, thereby improving the communication quality”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The layer of the “adaptation layer” is not distinctly described in the instant specification to show a specific layer within the OSI model. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited. Further, they do not show how the amendments avoid such references or objections, only conclusionary statements. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-9 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zang et al. ("Zang") [PGPUB 2023/0139318]. Regarding claim 1, the Zhang reference discloses a method comprising: receiving, in a second terminal device, a first message from a first relay device, wherein the first message comprises an identifier of a first terminal device, and the identifier of the first terminal device is an adaptation layer identifier of the first terminal device [the “adaptation layer” can be broadly read as the application layer or IP layer or “PDCP (Packet Data Convergence Protocol) / Adaptation layer”, since the description of the terminology does not specifically limit the “adaptation layer” in the OSI Model to a specific layer (ie. layer 3), within the Instant Specification; Zhang; para 0034-0035 and 0086], and communicating with the first terminal device based on the identifier of the first terminal device [Zhang; fig 4A-B and 5; para 0034-0036 and 0050], and sending messages to a plurality of relay devices, wherein each relay device has a unique relay identifier [ie. one or more relay UEs and each UE has their own id [Zhang; fig 3; para 0007, 0035, and 0038-0039]. Regarding claim 2, the Zhang reference further discloses sending a second message to the first relay device of the plurality of relay devices, wherein the second message comprises an identifier of the second terminal device, wherein the identifier of the second terminal device is an adaptation layer identifier of the second terminal device [Zhang; para 0034-0035 and 0086]. Regarding claim 3, the Zhang reference further discloses the first message or the second message is either a unicast connection establishment request message or a unicast connection establishment accept message [ie. sidelink unicast link Direct Communication Request message; Zhang; para 0005 and 0052]. Regarding claim 4, the Zhang reference further discloses obtaining, by a first protocol layer, first data, wherein the first data is data sent by the second terminal device to the first terminal device through a first relay device of the plurality of relay devices, and the first data is associated with the identifier of the second terminal device and the identifier of the first terminal device [ie. PHY layer; Zhang; para 0007, 0026, and 0035]. Regarding claim 5, the Zhang reference further discloses determining, by the first protocol layer, second data based on the first data, wherein the second data is data sent by the second terminal device to the first terminal device through the first relay device, and the second data is associated with the identifier of the second terminal device and a second identifier of the first relay device [ie. exchange identifiers; Zhang; para 0041-0042 and 0052]. Regarding claim 6, the Zhang reference further discloses the first protocol layer is an adaptation layer [Zhang; para 0034-0035 and 0086]. Regarding claim 7, the Zhang reference further discloses obtaining, by a second protocol layer, third data, wherein the third data is data received by the second terminal device from the first terminal device through a first relay device of the plurality of relay devices, and the third data is associated with a first identifier of the first relay device and the identifier of the second terminal device [Zhang; para 0004-0005, 0041-0042 and 0052]. Regarding claim 8, the Zhang reference further discloses determining, by the second protocol layer, fourth data based on the third data, wherein the fourth data is data received by the second terminal device from the first terminal device through the first relay device, and the fourth data is associated with the identifier of the first terminal device and the identifier of the second terminal device [Zhang; para 0004-0005, 0041-0042 and 0052]. Regarding claim 9, the Zhang reference further discloses the second protocol layer is an adaptation layer [Zhang; para 0034-0035 and 0086]. Regarding claim 18, the Zhang reference discloses a method comprising sending a first message to a second terminal device, wherein the first message comprises an identifier of a first terminal device, the identifier of the first terminal device is a an adaptation layer identifier of the first terminal device, and the identifier of the first terminal device is used by the second terminal device to communicate with the first terminal device based on the identifier of the first terminal device [the “adaptation layer” can be broadly read as the application layer or IP layer or “PDCP (Packet Data Convergence Protocol) / Adaptation layer”, since the description of the terminology does not specifically limit the “adaptation layer” in the OSI Model to a specific layer (ie. layer 3), within the Instant Specification; Zhang; para 0034-0035, 0037, and 0086]; sending messages to a plurality of relay devices, wherein each relay device has a unique relay identifier [ie. one or more relay UEs and each UE has their own id [Zhang; fig 3; para 0007, 0035, and 0038-0039].; and sending a second message to the first terminal device, wherein the second message comprises an identifier of the second terminal device, the identifier of the second terminal device is an adaptation layer identifier of the second terminal device, and the identifier of the second terminal device is used by the first terminal device to communicate with the second terminal device based on the identifier of the second terminal device [Zhang; para 0034-0035 and 0086]. Regarding claim 19, the Zhang reference further discloses sending a third message to a second relay device of the plurality of relay devices, wherein the third message comprises the identifier of the first terminal device, and the second relay device provides a relay service for the second terminal device and the first terminal device [Zhang; para 0039 and 0042]. Regarding claim 20, the Zhang reference further discloses the first message or the second message is either a unicast connection establishment request message or a unicast connection establishment accept message [ie. sidelink unicast link Direct Communication Request message; Zhang; para 0005 and 0052]. 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zang in view of Kazmi et al. ("Kazmi") [PGPUB 2022/0312242]. Regarding claim 10, the Zhang reference further discloses an access network device [Zhang; para 0030], multiple sidelink QoS flows/radio bearers [Zhang; para 0004], and Layer 2 ID [Zhang; para 0004] but does not specifically disclose sending a first request message to an access network device, wherein the first request message requests first radio bearer configuration information corresponding to the first terminal device, the first request message comprises first quality of service (QoS) information and the identifier of the first terminal device, and the first QoS information is QoS information corresponding to the first terminal device. However, in the same field of endeavor, Kazmi discloses sending a first request message to an access network device, wherein the first request message requests first radio bearer configuration information corresponding to the first terminal device, the first request message comprises first quality of service (QoS) information and the identifier of the first terminal device, and the first QoS information is QoS information corresponding to the first terminal device [Kazmi; fig 7; para 0018 and 0065-0066]. The Zhang and Kazmi references are analogous art, since they have similar problem solving area in being able to control communications with a relay device. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of the unicast messaging, taught by Kazmi, into the system, taught by Zhang. The motivation for doing so would have been to maintain sidelink operations between devices. Claims 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kazmi et al. ("Kazmi") [PGPUB 2022/0312242] in view of Zang et al. ("Zang") [PGPUB 2023/0139318]. Regarding claim 11, Kazmi discloses a method, comprising: sending messages to a plurality of relay devices, wherein each relay device has a unique relay identifier [ie. relay stations; Kazmi; fig 10; para 0124 and 0158]; determining, in a second terminal device, a second request message, wherein the second request message comprises first quality of service (QoS) information ["QoS Flow#"], a second identifier of a first relay device of the plurality of relay devices, and first information, the first QoS information is QoS information corresponding to a first terminal device, there is a correspondence between the first information and the first QoS information, and there is a correspondence between the first information and the second identifier [Kazmi; fig 7; para 0065-0072]; and sending the second request message to an access network device [Kazmi; fig 7; para 0065]. Kazmi does disclose a second identifier but does not specifically disclose the second identifier of the first relay device is used by the second terminal device to communicate with the first relay device. However, in the same field of endeavor, Zhang discloses the second identifier of the first relay device is used by the second terminal device to communicate with the first relay device [Zhang; fig 1 A and 1 B; para 0035-0036, 0041, and 0067]. The Kazmi and Zhang references are analogous art, since they have similar problem solving area in being able to control communications with a relay device. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of the Layer 2 identification, taught by Zhang, into the system, taught by Kazmi. The motivation for doing so would have been to keep high reliability of NR sidelink communication. Regarding claim 12, the combination of Kazmi-Zhang further discloses the first terminal device comprises N third terminal devices, the first QoS information comprises M pieces of second QoS information, and the first information comprises N pieces of second information, wherein N is a positive integer, and M is a positive integer greater than or equal to N; and the second QoS information is QoS information corresponding to the third terminal device, and there is a correspondence between the second information and the second QoS information [ie. M and N can equal one; Kazmi; fig 7; para 0065-0066] [Zhang; fig 1 A and 1 B; para 0026, 0037, and 0067]. Regarding claim 13, the combination of Kazmi-Zhang further discloses receiving a second response message from the access network device, wherein the second response message comprises radio bearer configuration information corresponding to the first terminal device; and communicating with the first terminal device through the first relay device on a radio bearer corresponding to the first terminal device [Kazmi; fig 7; para 0018 and 0065-0066] [Zhang; para 0004]. Regarding claim 14, the combination of Kazmi-Zhang further discloses the radio bearer configuration information corresponding to the first terminal device comprises X pieces of third radio bearer configuration information, wherein X is a positive integer less than or equal to N; and communicating with a corresponding third terminal device through the first relay device on a third radio bearer [Kazmi; fig 7; para 0018 and 0065-0066] [Zhang; para 0004]. Regarding claim 15, the combination of Kazmi-Zhang further discloses the first QoS information comprises a first QoS identifier, and the first QoS identifier is not corresponding to the first information; and the second response message further comprises the first QoS identifier and the first information [ie. different QoS flow identifiers; Kazmi; fig 7; para 0063-0066] [Zhang; fig 1A; para 0004]. Regarding claim 16, the combination of Kazmi-Zhang further discloses the first QoS information comprises a first QoS identifier, and the first QoS identifier is corresponding to the first information; and the second response message further comprises the first QoS identifier [ie. same QoS flow identifiers; Kazmi; fig 7; para 0063-0066] [Zhang; fig 1 A; para 0004]. Regarding claim 17, the combination of Kazmi-Zhang further discloses the first information is a unique identifier of the adaptation layer of the first terminal device [Kazmi; fig 7; para 0065-0066] [Zhang; fig 1A; para 0004 and 0086]. 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 JASON D CARDONE whose telephone number is (571)272-3933. The examiner can normally be reached Mon-Fri. 8am-4pmEST. 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, Umar Cheema can be reached at 571-270-3037. 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. /JASON D CARDONE/Primary Examiner, Art Unit 2458
Read full office action

Prosecution Timeline

Apr 20, 2023
Application Filed
Jul 03, 2025
Non-Final Rejection mailed — §102, §103
Sep 17, 2025
Response Filed
Oct 14, 2025
Final Rejection mailed — §102, §103
Nov 18, 2025
Response after Non-Final Action
May 07, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12641017
INCREASING REPLICATION CAPABILITY IN A BROADCAST DOMAIN
1y 12m to grant Granted May 26, 2026
Patent 12634159
Methods, Entities, and Computer Readable Media for Error Handling
3y 0m to grant Granted May 19, 2026
Patent 12634163
AUTOMATION FOR INSERTING MEETING CONTENT IN A SCREEN-SHARED APPLICATION FILE
1y 11m to grant Granted May 19, 2026
Patent 12627963
METHOD AND APPARATUS FOR DATA TRANSMISSION
2y 9m to grant Granted May 12, 2026
Patent 12603696
WIRELESS COMMUNICATION TECHNIQUE OF REDUCING INFLUENCE OF AN INTERFERENCE SIGNAL ON A RADIO SIGNAL
2y 9m to grant Granted Apr 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
89%
Grant Probability
75%
With Interview (-14.0%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 37 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month