Prosecution Insights
Last updated: May 29, 2026
Application No. 18/345,889

COMMUNICATION METHOD AND APPARATUS, AND COMPUTER-READABLE STORAGE MEDIUM

Final Rejection §102
Filed
Jun 30, 2023
Priority
Dec 31, 2020 — CN 202011635867.6 +1 more
Examiner
SIDDIQUI, KASHIF
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1122 granted / 1276 resolved
+29.9% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
21 currently pending
Career history
1295
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
72.2%
+32.2% vs TC avg
§102
10.9%
-29.1% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1276 resolved cases

Office Action

§102
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 . DETAILED ACTION Response to Arguments Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive. Applicant asserts: That Baek fails to disclose at least "based on determining that a data frame of a low-latency service is transmitted through the TXOP, continuing, by the AP, the TXOP when the restricted service period arrives" as required by amended claims 1, 7, and 13. In contrast, Baek describes continuing a TXOP for less predictable latency traffic that is more delay sensitive than low-latency traffic to be transmitted in a restricted target wake time (TWT). See Baek, paragraph [0184]-[0185]. The Examiner notes that although Baek does disclose continuing a TXOP for traffic that is more delay sensitive than low-latency traffic to be transmitted in a restricted target wake time (TWT), this is not the only condition or scenario disclosed by Baek. Baek discloses [0187] (previously cited in the rejection of now cancelled claim 3) that when data transmitted by a regular STA during the TXOP is not data for one of TIDs (Traffic Identifiers) classified as latency traffic, the regular STA may terminate the TXOP and stop corresponding data transmission. That is, when data transmitted during the TXOP is data for one of TIDs classified as latency traffic, the corresponding STA may continue to transmit the corresponding data without terminating the TXOP. Baek further discloses [0203] that STAs/terminals may not terminate the currently ongoing TXOP before the start of the restricted TWT SP. Additional restrictions may be added here. For example, only when the corresponding restricted TWT SP is set to inter-BSS, STAs/terminals can continue to transmit and receive data without terminating the TXOP. For example, the additional restriction may be applied only when data transmitted during the TXOP is data for one of TIDs classified as latency traffic, or when traffic or data transmitted during the TXOP has a higher priority than latency traffic specified in the restricted TWT SP (or when the traffic or data is AC_VO or AC_VI). If it is configured by intra-BSS, or if the data transmitted during TXOP is AC_VO or AC_VI, traffic or data having a higher priority than the latency traffic specified in the restricted TWT SP, STAs/terminal can continue transmitting and receiving without terminating the TXOP before starting the restricted TWT SP. In other words, Baek discloses that data to be transmitted during a TXOP may continue to be transmitted irrespective of a restricted TWT SP in the case that the data to be transmitted during the TXOP is either of higher priority or is also latency traffic. Therefore, in the case that the data to be transmitted during the TXOP is classified as latency traffic, the TXOP would continue and said latency traffic would be transmitted even upon the arrival of the restricted TWT SP. Thus, the limitations of the claims have been addressed and the action herein is made FINAL. 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)(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, 4-7, 10-13, 16-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20230403739 A1 to Baek; Sunhee et al. Re: Claim(s) 1, 7, 13 Baek discloses a communication method, comprising: (Fig. 19) obtaining, by an access point (AP) a transmit opportunity (TXOP) before a restricted service period arrives (Fig. 19 and 0234-0235 - Referring to FIG. 19, the regular STA receives a signal including information on the restricted TWT SP from the AP (S1910). Here, the signal including information on the restricted TWT SP may be configured in a beacon frame format, a probe response frame format, or other frame formats. Thereafter, the regular STA obtains a TXOP through a backoff operation (S1920). The Examiner notes that S1920 occurs prior to the start (i.e. arrival) of the restricted TWT SP. 0042 – STA may serve as an AP); and based on determining that a frame of a low-latency service is transmitted through the TXOP, continuing, by the AP, the TXOP when the restricted service period arrives (Fig. 19 and 0236-0237 - In step S1930, when the data to be transmitted by the regular STA is more urgent data than the data of the low-latency STA, the regular STA maintains the obtained TXOP (S1940)). 0187 - when data transmitted by a regular STA during the TXOP is not data for one of TIDs (Traffic Identifiers) classified as latency traffic, the regular STA may terminate the TXOP and stop corresponding data transmission. That is, when data transmitted during the TXOP is data for one of TIDs classified as latency traffic, the corresponding STA may continue to transmit the corresponding data without terminating the TXOP. 0203 - that STAs/terminals may not terminate the currently ongoing TXOP before the start of the restricted TWT SP. Additional restrictions may be added here. For example, only when the corresponding restricted TWT SP is set to inter-BSS, STAs/terminals can continue to transmit and receive data without terminating the TXOP. For example, the additional restriction may be applied only when data transmitted during the TXOP is data for one of TIDs classified as latency traffic, or when traffic or data transmitted during the TXOP has a higher priority than latency traffic specified in the restricted TWT SP (or when the traffic or data is AC_VO or AC_VI). If it is configured by intra-BSS, or if the data transmitted during TXOP is AC_VO or AC_VI, traffic or data having a higher priority than the latency traffic specified in the restricted TWT SP, STAs/terminal can continue transmitting and receiving without terminating the TXOP before starting the restricted TWT SP. The Examiner notes that in other words, Baek discloses that data to be transmitted during a TXOP may continue to be transmitted irrespective of a restricted TWT SP in the case that the data to be transmitted during the TXOP is either of higher priority or is also latency traffic. Therefore, in the case that the data to be transmitted during the TXOP is classified as latency traffic, the TXOP would continue and said latency traffic would be transmitted even upon the arrival of the restricted TWT SP). Baek further discloses: A communication apparatus comprising a processor (Fig. 1 – 110 comprises 111. 0041 – 110 may also be an access point (AP)) as required by claim 8; A non-transitory computer-readable storage medium (Fig. 1 – 112 and 0052) as required by claim 13. Re: Claim(s) 4, 10, 16 Baek discloses wherein the first service is a service with a preset traffic identifier (0187 - when data transmitted during the TXOP is data for one of TIDs classified as latency traffic, the corresponding STA may continue to transmit the corresponding data without terminating the TXOP). Re: Claim(s) 5, 11, 17 Baek discloses wherein the preset traffic identifier is comprised in a target wake time (TWT) element (0176 - the AP may define a frame including TWT scheduling information through a beacon frame. 0178 - the latency-sensitive data may be data to which a predefined traffic identifier (TID) is assigned. 0208 - Information on the TID of latency-sensitive data to be transmitted within the restricted TWT SP may be included in a beacon that announces restricted TWT scheduling information). Re: Claim(s) 6, 12, 18 Baek discloses wherein the restricted service period is a period of time, and the period of time services a low-latency service (Fig. 18 – Restricted TWT SP relates to a time interval. 0007 - transmission and reception of data sensitive to latency, which may be restricted due to the configurations of the restricted TWT, can be guaranteed). Conclusion THIS ACTION IS MADE FINAL. 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 KASHIF SIDDIQUI whose telephone number is (571)270-3188. The examiner can normally be reached on M-R 6:00 EST to 16:00 EST. 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, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KASHIF SIDDIQUI/Primary Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Jun 30, 2023
Application Filed
Aug 18, 2023
Response after Non-Final Action
Oct 31, 2025
Non-Final Rejection mailed — §102
Feb 02, 2026
Response Filed
Feb 27, 2026
Final Rejection mailed — §102
Apr 28, 2026
Interview Requested
May 05, 2026
Examiner Interview Summary
May 05, 2026
Applicant Interview (Telephonic)

Precedent Cases

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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
88%
Grant Probability
97%
With Interview (+8.7%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1276 resolved cases by this examiner. Grant probability derived from career allowance rate.

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