Prosecution Insights
Last updated: May 29, 2026
Application No. 18/309,378

COMMUNICATION METHOD AND APPARATUS FOR CONFIGURING COMMUNICATION MODE

Non-Final OA §102§103
Filed
Apr 28, 2023
Priority
Oct 31, 2020 — CN 202011198963.9 +1 more
Examiner
AFSHAR, KAMRAN
Art Unit
2125
Tech Center
2100 — Computer Architecture & Software
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
188 granted / 279 resolved
+12.4% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
4 currently pending
Career history
291
Total Applications
across all art units

Statute-Specific Performance

§101
8.3%
-31.7% vs TC avg
§103
61.3%
+21.3% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
3.4%
-36.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 279 resolved cases

Office Action

§102 §103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/113/2026 has been entered. Response to Amendment Applicant amendment filed on 1/27/2026. Claims 1-20 are pending. Claims 1, 7, are amended. Claim Rejections - 35 USC § 102 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. (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (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. Claim(s) 1-3, 8-11, 14-15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 20190254121) hereinafter Yang. With respect to claims 1,14, Yang discloses A method, wherein the method comprises: receiving, by a terminal device (See e.g. [0007], a method for switching a communication mode is provided, which includes: receiving, by a terminal device, first indication information (or reconfiguration signaling sent by the network device, See e.g. [0008]) sent by a network device), configuration information from an access network device (See e.g. [0008], reconfiguration signaling sent by the network device) , wherein the configuration information is used to configure a communication mode of the terminal device (See e.g. 500 of Fig. 5 & [0049]) the communication mode is determined based on a type of the terminal device (See e.g. [0015]-[0016]), Service information of the terminal device), and the communication mode comprises a first mode; and in response to receiving the configuration information from the access network device, communicating, by the terminal device, with the access network device (See e.g. 600 of Fig. 6& [0050]) in the first mode ( See e.g. [000], the current communication mode is one of the first communication mode and the second communication mode, and the target communication mode is another one, other than the current communication mode, of the first communication mode and the second communication mode, and receiving, by the terminal device, the first indication information sent by the network device, includes: receiving, by the terminal device, reconfiguration signaling sent by the network device, the reconfiguration signaling includes the first indication information, and the reconfiguration signaling is used for instructing the terminal device to switch the communication mode to the target communication mode according to the first indication information while maintaining a control connection between the terminal device and the network device.). Regarding claims 2, 15, Yang discloses the first mode (See e.g. [0007] first communication mode, second, third and connected mode) is an idle state, an inactive state, or a connected state (See e.g. [0072], idle state or connected state ); or the first mode is having a radio resource control (RRC) connection or having no RRCconnection (See e.g. [0023] the reconfiguration signaling is one of the following signaling: Radio Resource Control (RRC) reconfiguration signaling, Media Access Control Control Element (MAC CE), and physical layer signaling). Regarding claim 3, Yang discloses the communicating with an access network device in the first mode comprises: communicating with the access network device based on a radio resource control (RRC) state of the first mode ( See e.g. [0009], the reconfiguration signaling is one of the following signaling: Radio Resource Control (RRC) reconfiguration signaling). Regarding claims 8, 20, Yang discloses the communication mode further comprises a second mode, and the second mode is different from the first mode ( See e.g. [0010], the current communication mode is one of the first communication mode and the second communication mode, and the target communication mode is another one, other than the current communication mode). Regarding claims 9, Yang discloses the method further comprises: determining that a mode switching condition is met , wherein mode switching is switching from the first mode to the second mode or from the second mode to the first mode; and performing the mode switching (See e.g. [0018], the terminal device to switch from the current communication mode to the target communication mode when the occupancy status of the communication resource in the current communication mode satisfies a condition indicated by the second indication information). Regarding claims 10, Yang discloses the configuration information further comprises the condition for switching between the first mode and the second mode (See e.g. [0018], the terminal device to switch from the current communication mode to the target communication mode when the occupancy status of the communication resource in the current communication mode satisfies a condition indicated by the second indication information). Regarding claims 11, Yang discloses receiving a first message sent by the access network device, wherein the first message indicates (See e.g. Figs. 1-2 to perform mode switching; and performing the mode switching, wherein the mode switching is switching from the first mode to the second mode or from the second mode to the first mode (See e.g. [0021], a method for switching a communication mode is provided and includes: generating, by a network device, first indication information, wherein the first indication information is used for instructing a terminal device to switch from a current communication mode to a target communication mode, wherein the current communication mode and the target communication mode are any two of a first communication mode, a second communication mode, and a third communication mode, …; and sending, by the network device, the first indication information to the terminal device). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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) 4-6, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Kim (US 20210044956 A1) hereinafter Kim-956. Regarding claims 4, 6 and 16, while Yang further teaches i.e. the first indication information sent by the network device, the method further includes: sending, by the terminal device, resource occupancy information to the network device, wherein the resource occupancy information is used for indicating an occupancy status of a communication resource in the current communication mode (See e.g. [0013]). But, Yang does not explicitly teach the configuration information comprises at least one piece of the following information in the first mode: a function set, a function parameter, or a resource parameter. In the same file endeavor, Kim-956 teaches configuration information comprises (or executing) at least one piece of the following information in the first mode: a function set , a function parameter (See e.g. [0172]to support MIMO functions, configuration information of maximum supportable MIMO functions, transmission power class information, information on whether to support beamforming functions and related TCI configuration information, and/or information on a type of the terminal. Here, the information on the type of the terminal may mean information identifying whether the terminal is a terminal installed in a vehicle, a normal user terminal, an IoT terminal, an MTC terminal, a fixed terminal, or an RSU device), or a resource parameter (See e.g. Kim-956 the terminal may be in the idle state ( or 1st mode) (e.g., RRC idle state) without establishing a connection with the base station , and may operate in a state of being camped on the base station. That is, the terminal may identify resource pool configuration information included in system information received from the base station or resource pool configuration information ( or resource parameter) pre-configured from the base station, and be in a state of being capable of performing direct communication. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang by Reference Kim-956 by a method / a system for receiving configuration information of a radio resource pool, wherein the sensing signal or the sidelink discovery signal is transmitted through a radio resource selected from the radio resource pool to determine a cast type for the peer terminal, and establishing a PC5-radio resource control (RRC) connection with the peer terminal when the cast type is determined to be a unicast scheme or groupcast scheme; and performing direct communication with the peer termina as suggested by (See Kim-956, [0007]-[0008]). Regarding claim 5, Kim-965 teaches the function set comprises at least one of the following functions (See e.g. Kim-965 , [0172]to support MIMO functions, configuration information of maximum supportable MIMO functions, transmission power class information, information on whether to support beamforming functions and related TCI configuration information, and/or information on a type of the terminal. Here, the information on the type of the terminal may mean information identifying whether the terminal is a terminal installed in a vehicle, a normal user terminal, an IoT terminal, an MTC terminal, a fixed terminal, or an RSU device): ( See e.g. Kim-965 , [0176], configuration information transmitted through an RRC and/or PC5-RRC control message may include information ) downlink scheduling (see e.g. Kim-965, [0083), [0089]), a downlink channel state information (CSI) feedback, uplink scheduling (see e.g. Kim-965, [0083], [0089]) , uplink sounding reference signal (SRS) transmission (see e.g. Kim-965, [0079] ) , timing advance (TA} synchronization (See e.g. Kim-965 TA and synchronization, [0176]), power headroom report (PHR} reporting, a random access channel (RACH), a logical channel priority (LCP}, a hybrid automatic repeat request (HARQ} feedback (see e.g. Kim-965, [0176], HARQ feedback information), terminal context storage, mobility, a dual active protocol stack (DAPS), conditional handover (CHO), a high rate, energy saving, an industrial internet of things (jIIoT}(See e.g. Kim-965 [0191],Internet of Thing (IoT) device) , reliability, uplink coverage enhancement, small data transmission, service isolation, multicast (See e.g. Kim-965 [0023], the cast type is determined to be a unicast scheme or groupcast scheme; and perform direct communication with the peer terminal.), a non-terrestrial network (NTN}, a self-optimization network (SON) /minimization of drive test (MDT}, and vehicle-to-V2X) (See e.g. Kim-956, [0053], UE 130-5 may perform the D2D or V2X services under coordination). Claims 7, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Park (US 20190124572A1) hereinafter Park. Regarding claims 7, 18, Yang does not explicitly teach limitations of claims 7 and 18. However, in the same file endeavor, Park teaches before the receiving configuration information (see e.g. Park, [0293], [0293] At step 2907, the core network entity may send a PDU session configuration request message associated with the wireless device 2920 to the base station 2930. The PDU session configuration request message may comprise one or more configuration information to establish a second PDU session associated with the second data network connection. The second PDU session may be Ethernet type. The PDU session configuration request message may be sent to request, to the base station 2930, establishment of one or more PDU sessions of Ethernet type (e.g., Ethernet type data network connection, Ethernet type PDU session, Ethernet type QoS flow, Ethernet type bearer, Ethernet frame transmission flow, etc.) for the wireless device 2920. The PDU session configuration request message may be sent via a direct interface between the core network entity and the base station (e.g., NG interface, N2 interface, S1 interface, N3 interface, etc.). , the method further comprises: reporting the type of a terminal device, wherein the type of the terminal device is: a type obtained through classification based on a service feature of the terminal device (See e.g. Park , [0268], The wireless device capability information may comprise a MAC address of the wireless device for an Ethernet type service (e.g., Ethernet type PDU session, Ethernet type data connection, Ethernet type bearer, Ethernet type QoS flow, etc.). The MAC address may be associated with a certain PDU session of Ethernet type, which may be established and/or will be established for the wireless device.); or a type obtained through classification based on a quality of service (QoS} level of a service of the terminal device (see Park , [0285], The network feature support information may comprise a MAC address of an end node (source or destination node, e.g., opposite side node of the wireless device) for an Ethernet type service (e.g., Ethernet type PDU session, Ethernet type data connection, Ethernet type bearer, Ethernet type QoS flow, etc.). The MAC address may be associated with a certain PDU session of Ethernet type, which may be established and/or will be established for the wireless device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu by Reference Park to provide Systems, apparatuses, and methods are described for communications associated with Ethernet type packet data unit sessions. A base station may transmit, to a wireless device, a request for capability information, which may include a capability of the wireless device conducting an Ethernet type packet data unit session. The wireless device may transmit, to the base station, the capability information. The base station may transmit the capability information to an access and mobility management function. Based on the capability information, the base station and/or the access and mobility management function may determine to instantiate an Ethernet type packet data unit session between the wireless device and the base station. The base station may facilitate a handover of the wireless device to a target base station. The Ethernet type packet data unit session may utilize compressed headers based on instructions from the base station and/or the access and mobility management function as suggested by (See e.g. Park, [0004]). Regarding claim 19, Park teaches the obtaining a type of a terminal device comprises: receiving the type reported by the terminal device; receiving the type of the terminal device sent by a core network device (See e.g. [0048], 5GC Core Network, 1301 of Fig 13A, 1310 of Fig. 13B, ); or determining the type of the terminal device (i.e. capability information) based on a historical communication record of the terminal device ( See e.g. Park, [0074], A wireless device may send its radio access capability information which may be static. A base station may request what capabilities for a wireless device to report based on band information. If allowed by a network, a temporary capability restriction request may be sent by the wireless device to signal the limited availability of some capabilities (e.g. due to hardware sharing, interference or overheating) to the base station. The base station may confirm or reject the request. The temporary capability restriction may be transparent to 5GC (e.g., static capabilities may be stored in 5GC). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Kim (US 20210044956 A1) hereinafter Kim-956. . Regarding claim 17, Yang does not explicitly teach claim 17. In the same field of endeavor, Kim-965 teaches the function set comprises at least one of the following functions (See e.g. Kim-965 , [0172]to support MIMO functions, configuration information of maximum supportable MIMO functions, transmission power class information, information on whether to support beamforming functions and related TCI configuration information, and/or information on a type of the terminal. Here, the information on the type of the terminal may mean information identifying whether the terminal is a terminal installed in a vehicle, a normal user terminal, an IoT terminal, an MTC terminal, a fixed terminal, or an RSU device): ( See e.g. Kim-965 , [0176], configuration information transmitted through an RRC and/or PC5-RRC control message may include information ) downlink scheduling (see e.g. Kim-965, [0083), [0089]), a downlink channel state information (CSI) feedback, uplink scheduling (see e.g. Kim-965, [0083], [0089]) , uplink sounding reference signal (SRS) transmission (see e.g. Kim-965, [0079] ) , timing advance (TA} synchronization (See e.g. Kim-965 TA and synchronization, [0176]), power headroom report (PHR} reporting, a random access channel (RACH), a logical channel priority (LCP}, a hybrid automatic repeat request (HARQ} feedback (see e.g. Kim-965, [0176], HARQ feedback information), terminal context storage, mobility, a dual active protocol stack (DAPS), conditional handover (CHO), a high rate, energy saving, an industrial internet of things (jIIoT}(See e.g. Kim-965 [0191],Internet of Thing (IoT) device) , reliability, uplink coverage enhancement, small data transmission, service isolation, multicast (See e.g. Kim-965 [0023], the cast type is determined to be a unicast scheme or groupcast scheme; and perform direct communication with the peer terminal.), a non-terrestrial network (NTN}, a self-optimization network (SON) /minimization of drive test (MDT}, and vehicle-to-V2X) (See e.g. Kim-956, [0053], UE 130-5 may perform the D2D or V2X services under coordination). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu and Park by Reference Kim-956 providing a method / a system for receiving configuration information of a radio resource pool, wherein the sensing signal or the sidelink discovery signal is transmitted through a radio resource selected from the radio resource pool to determine a cast type for the peer terminal, and establishing a PC5-radio resource control (RRC) connection with the peer terminal when the cast type is determined to be a unicast scheme or groupcast scheme; and performing direct communication with the peer termina as suggested by (See Kim-956, [0007]-[0008]). Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ying (US 20210120624 A1), method, including: An access network device receives indication information from an access and mobility management network element. The indication information is used to indicate that the access and mobility management network element is overloaded. When a first terminal is in a radio resource control (RRC) connected mode or an RRC inactive mode, the access network device triggers, based on the indication information and characteristic information of the first terminal, setting the first terminal to be in an RRC idle mode; or when a first terminal is in an RRC connected mode, etc. (See e.g. Par [0005]) Lyn, (US 20190230694 A1), mod switching, terminal type and RRC etc. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN AFSHAR whose telephone number is 571-272-7796. The examiner can normally be reached 5:30 AM to 3:00 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. 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. /KAMRAN AFSHAR/ Supervisory Patent Examiner, Art Unit 2125
Read full office action

Prosecution Timeline

Show 1 earlier event
Jun 09, 2023
Response after Non-Final Action
Jun 10, 2025
Non-Final Rejection mailed — §102, §103
Sep 03, 2025
Response Filed
Nov 05, 2025
Final Rejection mailed — §102, §103
Jan 27, 2026
Response after Non-Final Action
Feb 13, 2026
Request for Continued Examination
Feb 25, 2026
Response after Non-Final Action
May 20, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
80%
With Interview (+12.1%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 279 resolved cases by this examiner. Grant probability derived from career allowance rate.

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