Prosecution Insights
Last updated: August 17, 2026
Application No. 18/408,676

COMMUNICATION METHOD AND APPARATUS

Final Rejection §102§103
Filed
Jan 10, 2024
Priority
Jul 13, 2021 — CN 202110790658.7 +2 more
Examiner
HO, HUY C
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
618 granted / 798 resolved
+15.4% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
22 currently pending
Career history
824
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
30.4%
-9.6% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 798 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 on 05/22/2026 have been fully considered but they are moot and not persuasive for the following reasons. Moot: because claims 1-2, 4-5, 7, 12-13, 15 and 19 are currently amended with the new features and limitations and new set of claims 21-31, thus it necessitates a new ground of rejection. Not persuasive: because Liu teaches the followings: receiving a first signal (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); receiving a second signal based on the first signal, wherein the second signal is a wake-up signal (WUS) (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); and in response to not receiving the first signal in a first time period, receiving a third signal, wherein the third signal is any one of a paging early indication (PEI) or a paging physical downlink control channel (PDCCH) (Liu, Fig. 3, pp [83]-[85]: in regarding of a missed WUS 325, the UE wakes up from a sleep state to receive paging information 320-a). Liu teaches from Figure 2, pp [75]-[76] that a base station send data and information messages to a UE in a downlink control channel via paging occasions Pos in periodic intervals. The messages comprise wake-up signals WUS that may serve to optimize power consumption at the UE before wakes up from sleep mode to receive paging messages. The base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance (Liu, Figure 2, pp [76]). Therefore, Liu teaches and suggests of the argued limitations and features, i.e., “receiving a first signal, receiving a second signal based on the first signal, wherein the second signal is a wake-up signal (WUS)” Liu further teaches from Figure 3, pp [83]-[85], that the UE is configured to monitor in the downlink channel PDCCH or PDSCH for wake-up signals 315 and paging information 320. Liu clearly teaches the situation where the UE however may miss detecting the wake-up signal WUS 325, the UE still proceed to wake up from a sleep state to receive a paging information 320-a (Liu, Fig. 3, pp [85]). Therefore, Liu teaches and discloses the argued limitations and features above, i.e., “in response to not receiving the first signal in a first time period, receiving a third signal, wherein the third signal is any one of a paging early indication (PEI) or a paging physical downlink control channel (PDCCH)”. As such, the argued features and limitations were written such that they read upon the cited reference Liu as explained in the above. 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)(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) 1-2, 4, 7, 12-13, 21-24 and 26-31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu et al. (Pub. No. US 2019/0150094). Regarding claim 1, (Currently Amended) Liu teaches a communication method (Liu, the Abstract), comprising: receiving a first signal (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); receiving a second signal based on the first signal, wherein the second signal is a wake-up signal (WUS) (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); and in response to not receiving the first signal in a first time period, receiving a third signal, wherein the third signal is any one of a paging early indication (PEI) or a paging physical downlink control channel (PDCCH) (Liu, Fig. 3, pp [83]-[85]: in regarding of a missed WUS 325, the UE wakes up from a sleep state to receive paging information 320-a). Regarding claim 15. (Currently Amended) Liu teaches a communication apparatus (Liu, the Abstract), comprising a processor, configured to execute a computer program or instructions stored in a memory to cause the processor to perform operations (Liu, Fig. 2, pp [16]), comprising: receiving a first signal (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); receiving a second signal based on the first signal, wherein the second signal is a wake-up signal (WUS) (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); and in response to not receiving the first signal in a first time period, receiving a third signal, wherein the third signal is any one of a paging early indication (PEI) or a paging physical downlink control channel (PDCCH) (Liu, Fig. 3, pp [83]-[85]: in regarding of a missed WUS 325, the UE wakes up from a sleep state to receive paging information 320-a). Regarding claim 19. (Currently Amended) Liu teaches a non-transitory computer-readable storage medium, wherein the computer-readable storage medium stores a computer program or instructions, and in response to the computer program or the instructions being run on a computer (Liu, the Abstract), the computer is enabled to perform operations comprising: receiving a first signal (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); receiving a second signal based on the first signal, wherein the second signal is a wake-up signal (WUS) (Liu, Figure 2, pp [75]-[76]: a base station also sends synchronization signals, e.g., primary synchronization signals PSS or secondary synchronization signals SSS, in combination with wake-up signals WUS to ensure sufficient synchronization performance; Fig. 3, pp [83]-[85]: a UE 115 is configured to receive a WUS occasion 303); and in response to not receiving the first signal in a first time period, receiving a third signal, wherein the third signal is any one of a paging early indication (PEI) or a paging physical downlink control channel (PDCCH) (Liu, Fig. 3, pp [83]-[85]: in regarding of a missed WUS 325, the UE wakes up from a sleep state to receive paging information 320-a). Regarding claim 2. (Currently Amended) Liu teaches the method according to claim 1, further comprising: in response to receiving the second signal, receiving the third signal (Liu, Fig. 3, pp [83]-[85]: receiving multiple wake up signals; Fig. 4, pp [86]-[87]). Regarding claim 4. (Currently Amended) Liu teaches the method according to claim 1, wherein: a modulation scheme of the first signal is the same as a modulation scheme of the second signal (Liu, pp [66], [190]). Regarding claim 7. (Currently Amended) Liu teaches the method according to claim 1, wherein: the first signal that is a synchronization signal (Liu, pp [32], [55]-[56], [90]). Regarding claim 12. (Currently Amended) Liu teaches the method according to claim 1, further comprising: in response to signal quality of a serving cell in a fourth time period being greater than or equal to a second threshold (Liu, pp [11], [55]-[56], [90]). Regarding claim 13. (Currently Amended) Liu teaches the method according to claim 1, wherein: the second signal includes information about a terminal devices that need to receive paging, (Liu, Fig. 3, pp [83]-[85]; Fig. 4, pp [86]-[87]). Regarding claim 21. (New) Liu teaches the method according to claim 1, wherein the receiving the third signal in response to not receiving the first signal in the first time period comprises: in response to energy of the first signal in the first time period being less than a first threshold, receiving the third signal (Liu, pp [11], [55]-[56], [90]). Regarding claim 22. (New) Liu teaches the method according to claim 1, wherein the receiving the second signal based on the first signal comprises: in response to energy of the first signal in the first time period being greater than a fourth threshold, receiving the second signal (Liu, pp [11], [55]-[56], [90]). Regarding claim 23. (New) Liu teaches the apparatus according to claim 15, the operations further comprises: in response to receiving the second signal, receiving the third signal (Liu, Figure 2, pp [75]-[76]; and Fig. 3, pp [83]-[85]). Regarding claim 24. (New) Liu teaches the apparatus according to claim 15, wherein a modulation scheme of the first signal is the same as a modulation scheme of the second signal (Liu, pp [66], [190]). Regarding claim 26. (New) The apparatus according to claim 15, wherein the first signal is a synchronization signal (Liu, pp [32], [55]-[56], [90]). Regarding claim 27. (New) Liu teaches the apparatus according to claim 15, the operations further comprise: in response to signal quality of a serving cell in a fourth time period being greater than or equal to a second threshold, receiving the second signal (Liu, pp [11], [55]-[56], [90]). Regarding claim 28. (New) Liu teaches the apparatus according to claim 15 wherein the second signal includes information about a terminal devices that need to receive paging (Liu, Figure 2, pp [75]-[76]). Regarding claim 29. (New) Liu teaches the apparatus according to claim 15, wherein the receiving the third signal in response to not receiving the first signal in the first time period comprises: in response to energy of the first signal in the first time period being less than a first threshold, receiving the third signal (Liu, pp [11], [55]-[56], [90]). Regarding claim 30. (New) Liu teaches the apparatus according to claim 15, wherein the receiving the second signal based on the first signal comprises: in response to energy of the first signal in the first time period being greater than a fourth threshold, receiving the second signal (Liu, pp [11], [55]-[56], [90]). Regarding claim 31. (New) Liu teaches the non-transitory computer-readable storage medium according to claim 19, wherein the first signal is a synchronization signal (Liu, pp [10]-[11], [32], [55]-[56], [90]). Claim Rejections - 35 USC § 103 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. 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) 5 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (Pub. No. US 2019/0150094) and further in view of Iyer et al. (Pub. US No. 2022/0039009). Regarding claim 5. (Currently Amended) Liu does not teach the method according to claim 1, wherein: the modulation scheme of the first signal and the modulation scheme of the second signal are on-off keying OOK. Iyer teaches “the modulation scheme of the first signal and the modulation scheme of the second signal are on-off keying OOK” (Iyer, pp [167]-[169]: wake up signals are under OOK modulation schemed). Therefore, it would have been obvious to a person of ordinary skill in the art before the affective filing date of the claimed invention was made to modify Liu by incorporating teachings of Iyer, method and system for power saving mechanism in new radio network wherein the method applies on-off keying signals as wake-up signal preambles to improve optimal power savings by reducing false wake-up alarms and maximizing bandwidth resources utilization in situation of resources limited with multiple UEs may share the same OOK. Regarding claim 25. (New) Liu does not teach the apparatus according to claim 15, wherein the modulation scheme of the first signal and the modulation scheme of the second signal are on-off keying (OOK). Iyer teaches “the modulation scheme of the first signal and the modulation scheme of the second signal are on-off keying OOK” (Iyer, pp [167]-[169]: wake up signals are under OOK modulation schemed). Therefore, it would have been obvious to a person of ordinary skill in the art before the affective filing date of the claimed invention was made to modify Liu by incorporating teachings of Iyer, method and system for power saving mechanism in new radio network wherein the method applies on-off keying signals as wake-up signal preambles to improve optimal power savings by reducing false wake-up alarms and maximizing bandwidth resources utilization in situation of resources limited with multiple UEs may share the same OOK. 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 HUY C HO whose telephone number is (571)270-1108. The examiner can normally be reached M-F 8AM-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, KATHY WANG-HURST can be reached at (571)270-5371. 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. /HUY C HO/Primary Examiner, Art Unit 2644
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Prosecution Timeline

Jan 10, 2024
Application Filed
Mar 01, 2024
Response after Non-Final Action
Feb 25, 2026
Non-Final Rejection mailed — §102, §103
May 22, 2026
Response Filed
Jul 22, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
98%
With Interview (+20.4%)
3y 1m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 798 resolved cases by this examiner. Grant probability derived from career allowance rate.

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