Office Action Predictor
Last updated: April 15, 2026
Application No. 18/343,315

COMMUNICATION METHOD AND APPARATUS

Final Rejection §102
Filed
Jun 28, 2023
Examiner
TRAN, CONGVAN
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., LTD.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
95%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
1033 granted / 1156 resolved
+27.4% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
34 currently pending
Career history
1190
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
24.0%
-16.0% vs TC avg
§102
60.0%
+20.0% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1156 resolved cases

Office Action

§102
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 . This office action is in response to Amendment and Remarks filed on Nov. 25, 2025. Claims 1, 6, 11 and 16 have been amended. 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 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yiu et al. (2021/0360729). Regarding claim 11, Yiu discloses an apparatus (UE) (see fig.2, element 201, paragraph [0028] and its description), comprising: one or more processors configured to receive a first message from a network device, wherein the first message comprises first indication information, and the first indication information indicates to allow a request to adjust a capability mode of a terminal device to one capability mode in M capability modes, wherein the first message includes the M capability modes (see fig.2, elements 205, 250, fig.3, elements 310, 320, step 354, paragraphs [0028-0030], [0042] and its description); and the one capability mode in the M capability modes corresponds to a group of capability information sets, and M is an integer greater than 0 (see paragraph [0029]); and determine the M capability modes based on the first message (see paragraphs [0029], [0042]). Regarding claim 12, Yiu further discloses wherein before receiving the first message from the network device, the one or more processors is configured to: send a second message to the network device, wherein the second message comprises second indication information fig.3, element 310, 320 steps 356, paragraphs [0042] and its description); and the second indication information indicates N capability modes, one capability mode in the N capability modes corresponds to a group of capability information sets, the M capability modes are included in the N capability modes, and N is an integer greater than or equal to M (see fig.3, element 310, 320 steps 356, paragraphs [0042-0043] and its description). Regarding claim 13, Yiu further discloses wherein the allowing a request comprises: allowing the terminal device to send an indication message or a request message to the network device, wherein the indication message or the request message indicates to adjust the capability mode of the terminal device to one capability mode in the M capability modes (see paragraph [0029]). Regarding claim 14, Yiu further discloses wherein the one or more processors is further configured to: send a third message to the network device, wherein the third message comprises third indication information, the third indication information indicates a first capability mode, and the first capability mode is one capability mode in the M capability modes (see fig.3, element 310, 320 step 360, paragraphs [0026], [0042], [0044] and its description); and the third message indicates to adjust the capability mode of the terminal device to the first capability mode (see fig.3, element 310, 320 step 360, paragraphs [0026], [0044] and its description). Regarding claim 15, Yiu further discloses wherein the third message further comprises fourth indication information, and the fourth indication information indicates an adjustment reason or an adjustment purpose of the first capability mode (see paragraph [0029]). Regarding claim 16, Yiu discloses an apparatus (see fig.2, element 250, paragraph [0031] and its description), comprising: one or more processors configured to determine a first message (see fig.2, element 255, paragraphs [0031-0032] and its description); and send the first message to a terminal device, wherein the first message comprises first indication information, and the first indication information indicates to allow a request to adjust a capability mode of the terminal device to one capability mode in M capability modes, wherein the first message includes the M capability modes (see fig.2, elements 205, 250, fig.3, elements 310, 320, step 354, paragraphs [0028-0030], [0042] and its description); the M capability modes are some or all of included in N capability modes, and M is an integer greater than 0 and less than or equal to N (see paragraphs [0028-0029], [0042] and its description). Regarding claim 17, Yiu further discloses, wherein the one or more processors is further configured to: receive a second message from the terminal device, wherein the second message comprises second indication information (see fig.3, element 310, 320 steps 356, paragraphs [0042] and its description); and the second indication information indicates the N capability modes, one capability mode in the N capability modes corresponds to a group of capability information sets fig.3, element 310, 320 steps 356, paragraphs [0029], [0042-0043] and its description). Regarding claim 18, Yiu further discloses wherein the allowing a request comprises: allowing the terminal device to send an indication message or a request message, wherein the indication message or the request message indicates to adjust the capability mode of the terminal device to one capability mode in the M capability modes (see paragraph [0029], [0042]). Regarding claim 19, Yiu further discloses wherein the one or more processors is further configured to: receive a third message from the terminal device, wherein the third message comprises third indication information, the third indication information indicates a first capability mode, and the first capability mode is one capability mode in the M capability modes (see fig.3, element 310, 320 step 360, paragraphs [0026], [0042], [0044] and its description); and the third message indicates to adjust the capability mode of the terminal device to the first capability mode(see fig.3, element 310, 320 step 360, paragraphs [0026], [0044] and its description). Regarding claim 20, Yiu further discloses wherein the third message further comprises fourth indication information, and the fourth indication information indicates an adjustment reason or an adjustment purpose of the first capability mode (see paragraph [0029]). Regarding claims 1-10 recite limitations substantially similar to the claims 11-20. Therefore, these claims were rejected for similar reasons as stated above. Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. When responding to this Office Action, Applicant is advised to 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 or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c). 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. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20210329608-A1 US-20180343689-A1 US-20170215065-A1 Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th. 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, Alison Slater can be reached on (571) 270-0375. 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. PNG media_image1.png 125 125 media_image1.png Greyscale UNITED STATES PATENT AND TRADEMARK OFFICE /CONGVAN TRAN/Primary Examiner, Art Unit 2647 L54-2/4 Yiu et al. (2021/0360729) Regarding claim 11, Yiu discloses an 11. (Currently Amended) An apparatus (UE) (see fig.2, element 201, paragraph [0028] and its description), comprising: one or more processors configured to receive a first message from a network device, wherein the first message comprises first indication information, and the first indication information indicates to allow a request to adjust a capability mode of a terminal device to one capability mode in M capability modes, wherein the first message includes the M capability modes (see fig.2, elements 205, 250, fig.3, elements 310, 320, step 354, paragraphs [0028-0030], [0042] and its description); and the one capability mode in the M capability modes corresponds to a group of capability information sets, and M is an integer greater than 0 (see paragraph [0029]); and determine the M capability modes based on the first message (see paragraphs [0029], [0042]). Regarding claim 12, Yiu further discloses 12. The apparatus according to claim 11, wherein before receiving the first message from the network device, the one or more processors is configured to: send a second message to the network device, wherein the second message comprises second indication information (see paragraph [0042]); and the second indication information indicates N capability modes, one capability mode in the N capability modes corresponds to a group of capability information sets, the M capability modes are included in the N capability modes, and N is an integer greater than or equal to M (see fig.3, element 310, 320 steps 356, paragraphs [0042-0043] and its description). Regarding claim 13, Yiu further discloses 13. The apparatus according to claim 11, wherein the allowing a request comprises: allowing the terminal device to send an indication message or a request message to the network device, wherein the indication message or the request message indicates to adjust the capability mode of the terminal device to one capability mode in the M capability modes (see paragraph [0029]). Regarding claim 14, Yiu further discloses 14. The apparatus according to claim 11, wherein the one or more processors is further configured to: send a third message to the network device, wherein the third message comprises third indication information, the third indication information indicates a first capability mode, and the first capability mode is one capability mode in the M capability modes; and the third message indicates to adjust the capability mode of the terminal device to the first capability mode ((see fig.3, element 310, 320 step 360, paragraphs [0026], [0044] and its description). Regarding claim 15, Yiu further discloses 15. The apparatus according to claim 14, wherein the third message further comprises fourth indication information, and the fourth indication information indicates an adjustment reason or an adjustment purpose of the first capability mode (see paragraph [0029]).
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Prosecution Timeline

Jun 28, 2023
Application Filed
Sep 05, 2025
Non-Final Rejection — §102
Nov 25, 2025
Response Filed
Feb 10, 2026
Final Rejection — §102
Apr 07, 2026
Response after Non-Final Action

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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
89%
Grant Probability
95%
With Interview (+5.7%)
2y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 1156 resolved cases by this examiner. Grant probability derived from career allow rate.

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