Prosecution Insights
Last updated: May 04, 2026
Application No. 18/421,924

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103§112
Filed
Jan 24, 2024
Priority
Aug 05, 2021 — CN 202110896815.2 +1 more
Examiner
HSU, BAILOR CHIA-JONG
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
281 granted / 315 resolved
+31.2% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
25 currently pending
Career history
340
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
52.0%
+12.0% vs TC avg
§102
10.4%
-29.6% vs TC avg
§112
29.1%
-10.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 315 resolved cases

Office Action

§103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, it is unclear as to what device or component is performing the recited method, rendering the scope of the claim indefinite. To be more specific, it is unclear as to what device or component is performing the recited steps of “sending first indication information…” and “sending at least one reference signal…” Regarding claims 2-9, the claims are rejected for depending on claim 1. Regarding claim 10, it is unclear as to what device or component is performing the recited method, rendering the scope of the claim indefinite. To be more specific, it is unclear as to what device or component is performing the recited steps of “receiving first indication information…” and “obtaining at least one reference signal…” Regarding claims 11-15, the claims are rejected for depending on claim 10. 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. Claims 1-5, 7, 10-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kutz et al. (US 2022/0360482 A1), hereinafter referred to as Kutz, in view of Lin et al. (US 2018/0124830 A1), hereinafter referred to as Lin. Regarding claim 1, Kutz teaches a method (Kutz – Paragraph [0020], note a method for wireless communication at a base station), comprising: sending first indication information to a first terminal, wherein the first indication information indicates a first group of reference signals, the first group of reference signals belong to a first reference signal set of at least two reference signal sets (Kutz – Fig. 2; Paragraph [0095], note the base station 105-a may transmit a set of downlink transmissions 210 via the communications link 205-a, where the downlink transmissions 210 may include code block groups (CBGs) (indication) in TBs, in response to receiving the downlink transmissions 210, the UE 115-a may transmit a set of uplink reference signals 215 (e.g., SRSs) to the base station 105-a; Paragraph [0099], note the UE 115-a may identify a feedback delay parameter based on receiving a control signaling from the base station 105-a, transmitting the set of uplink reference signals 215 may include transmitting the set of uplink reference signals 215 based on the feedback delay parameter; Paragraph [0116], note each set of uplink reference signals), the at least two reference signal sets occupy a same time-frequency resource and have respective different cyclic shifts respectively (Kutz – Fig. 3; Paragraph [0108], note each set of uplink signals in the sounding signal 315 (e.g., SRS) may be modulated using a number of cyclic shifts, the first cyclic shift of a first sounding signal and the second shift on a second sounding signal may indicate the feedback information (e.g., ACK/NACK feedback) for the first set of CBs (e.g., the CBs in TB0 305-a)); and sending at least one reference signal in the first group of reference signals to the first terminal, or receiving the at least one reference signal in the first group of reference signals from the first terminal (Kutz – Fig. 2; Paragraph [0095], note in response to receiving the downlink transmissions 210, the UE 115-a may transmit a set of uplink reference signals 215 (e.g., SRSs) to the base station 105-a, the uplink reference signals 215 may contain embedded feedback information (e.g., ACK/NACK feedback) for the CBGs on TBs received by the UE 115-a). Kutz does not teach wherein the at least two reference signal sets have respective different minimum cyclic shift intervals. In an analogous art, Lin teaches wherein the at least two preambles have respective different minimum cyclic shift intervals (Lin – Paragraph [0153], note minimum cyclic shift (Ncs) for Zadoff-Chu sequence could be computed based on RTT, delay spread, and speed requirements, the cyclic shift Ncs may be different for multiple preambles). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Lin into Kutz in order to apply minimum cyclic shift to SRS in addition to preambles, allowing for link budget requirements to be adapted for NR PRACH based on delay spread (Lin – Paragraphs [0148] and [0275]). Regarding claim 2, Kutz does not teach wherein the first indication information further indicates a first minimum cyclic shift interval corresponding to the first reference signal set. In an analogous art, Lin teaches wherein the first indication information further indicates a first minimum cyclic shift interval corresponding to the first reference signal set (Lin – Paragraph [0153], note minimum cyclic shift (Ncs) for Zadoff-Chu sequence could be computed based on RTT, delay spread, and speed requirements, the cyclic shift Ncs may be different for multiple preambles). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Lin into Kutz for the same reason as claim 1 above. Regarding claim 3, Kutz does not teach the method further comprising: sending second indication information to the first terminal, wherein the second indication information indicates a first minimum cyclic shift interval corresponding to the first reference signal set. In an analogous art, Lin teaches sending second indication information to the first terminal, wherein the second indication information indicates a first minimum cyclic shift interval corresponding to the first reference signal set (Lin – Paragraph [0153], note minimum cyclic shift (Ncs) for Zadoff-Chu sequence could be computed based on RTT, delay spread, and speed requirements, the cyclic shift Ncs may be different for multiple preambles; Paragraph [0162], note UEs within a group, different cyclic shifts). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Lin into Kutz for the same reason as claim 1 above. Regarding claim 4, the combination of Kutz and Lin, specifically Kutz teaches wherein each reference signal in the at least two reference signal sets corresponds to one cyclic shift value, the first group of reference signals comprise at least two reference signals, and cyclic shift values respectively corresponding to the at least two reference signals are adjacent (Kutz – Fig. 3; Paragraph [0108], note each set of uplink signals in the sounding signal 315 (e.g., SRS) may be modulated using a number of cyclic shifts, the first cyclic shift of a first sounding signal and the second shift on a second sounding signal may indicate the feedback information (e.g., ACK/NACK feedback) for the first set of CBs (e.g., the CBs in TB0 305-a)). Regarding claim 5, the combination of Kutz and Lin, specifically Kutz teaches wherein that cyclic shift values respectively corresponding to the at least two reference signals are adjacent comprises: indexes of the cyclic shift values respectively corresponding to the at least two reference signals are consecutive, wherein the indexes of the cyclic shift values identify the cyclic shift values (Kutz – Fig. 3; Paragraph [0108], note each set of uplink signals in the sounding signal 315 (e.g., SRS) may be modulated using a number of cyclic shifts, the first cyclic shift of a first sounding signal and the second shift on a second sounding signal may indicate the feedback information (e.g., ACK/NACK feedback) for the first set of CBs (e.g., the CBs in TB0 305-a); Paragraph [0112], note shift in the index of all of the sequence pilots (e.g., 0 to 11 for N=12)). Regarding claim 7, the combination of Kutz and Lin, specifically Kutz teaches the method further comprising: sending fourth indication information to a second terminal, wherein the fourth indication information indicates a second group of reference signals, the second group of reference signals belong to a second reference signal set of the at least two reference signal sets, and the second reference signal set is different from the first reference signal set (Kutz – Fig. 2; Paragraph [0095], note the base station 105-a may transmit a set of downlink transmissions 210 via the communications link 205-a, where the downlink transmissions 210 may include code block groups (CBGs) (indication) in TBs, in response to receiving the downlink transmissions 210, the UE 115-a may transmit a set of uplink reference signals 215 (e.g., SRSs) to the base station 105-a; Paragraph [0099], note the UE 115-a may identify a feedback delay parameter based on receiving a control signaling from the base station 105-a, transmitting the set of uplink reference signals 215 may include transmitting the set of uplink reference signals 215 based on the feedback delay parameter; Paragraph [0116], note each set of uplink reference signals). Regarding claim 10, Kutz teaches a method (Kutz – Paragraph [0005], note a method for wireless communication at a user equipment (UE)), comprising: receiving first indication information from a radio access network device, wherein the first indication information indicates a first group of reference signals, the first group of reference signals belong to a first reference signal set of at least two reference signal sets (Kutz – Fig. 2; Paragraph [0095], note the base station 105-a may transmit a set of downlink transmissions 210 via the communications link 205-a, where the downlink transmissions 210 may include code block groups (CBGs) (indication) in TBs, in response to receiving the downlink transmissions 210, the UE 115-a may transmit a set of uplink reference signals 215 (e.g., SRSs) to the base station 105-a; Paragraph [0099], note the UE 115-a may identify a feedback delay parameter based on receiving a control signaling from the base station 105-a, transmitting the set of uplink reference signals 215 may include transmitting the set of uplink reference signals 215 based on the feedback delay parameter; Paragraph [0116], note each set of uplink reference signals), the at least two reference signal sets occupy a same time-frequency resource and have respective different cyclic shifts respectively (Kutz – Fig. 3; Paragraph [0108], note each set of uplink signals in the sounding signal 315 (e.g., SRS) may be modulated using a number of cyclic shifts, the first cyclic shift of a first sounding signal and the second shift on a second sounding signal may indicate the feedback information (e.g., ACK/NACK feedback) for the first set of CBs (e.g., the CBs in TB0 305-a)); and obtaining at least one reference signal in the first group of reference signals based on the first indication information (Kutz – Fig. 2; Paragraph [0095], note in response to receiving the downlink transmissions 210, the UE 115-a may transmit a set of uplink reference signals 215 (e.g., SRSs) to the base station 105-a, the uplink reference signals 215 may contain embedded feedback information (e.g., ACK/NACK feedback) for the CBGs on TBs received by the UE 115-a). Kutz does not teach wherein the at least two reference signal sets have respective different minimum cyclic shift intervals. In an analogous art, Lin teaches wherein the at least two preambles have respective different minimum cyclic shift intervals (Lin – Paragraph [0153], note minimum cyclic shift (Ncs) for Zadoff-Chu sequence could be computed based on RTT, delay spread, and speed requirements, the cyclic shift Ncs may be different for multiple preambles). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Lin into Kutz in order to apply minimum cyclic shift to SRS in addition to preambles, allowing for link budget requirements to be adapted for NR PRACH based on delay spread (Lin – Paragraphs [0148] and [0275]). Regarding claim 11, the claim is interpreted and rejected for the same reason as claim 2 above. Regarding claim 12, the claim is interpreted and rejected for the same reason as claim 3 above. Regarding claim 13, the claim is interpreted and rejected for the same reason as claim 4 above. Regarding claim 14, the claim is interpreted and rejected for the same reason as claim 5 above. Regarding claim 16, Kutz teaches an apparatus (Kutz – Paragraph [0021], note apparatus for wireless communication at a base station), comprising: one or more processors (Kutz – Paragraph [0021], note the apparatus may include a processor); and one or more memories coupled to the one or more processors and storing programming instructions for execution by the one or more processors to cause the apparatus to perform a method (Kutz – Paragraph [0021], note the apparatus may include memory coupled with the processor, and instructions stored in the memory, the instructions may be executable by the processor) comprising: sending first indication information to a first terminal, wherein the first indication information indicates a first group of reference signals, the first group of reference signals belong to a first reference signal set of at least two reference signal sets (Kutz – Fig. 2; Paragraph [0095], note the base station 105-a may transmit a set of downlink transmissions 210 via the communications link 205-a, where the downlink transmissions 210 may include code block groups (CBGs) (indication) in TBs, in response to receiving the downlink transmissions 210, the UE 115-a may transmit a set of uplink reference signals 215 (e.g., SRSs) to the base station 105-a; Paragraph [0099], note the UE 115-a may identify a feedback delay parameter based on receiving a control signaling from the base station 105-a, transmitting the set of uplink reference signals 215 may include transmitting the set of uplink reference signals 215 based on the feedback delay parameter; Paragraph [0116], note each set of uplink reference signals), the at least two reference signal sets occupy a same time-frequency resource and have respective different cyclic shifts respectively (Kutz – Fig. 3; Paragraph [0108], note each set of uplink signals in the sounding signal 315 (e.g., SRS) may be modulated using a number of cyclic shifts, the first cyclic shift of a first sounding signal and the second shift on a second sounding signal may indicate the feedback information (e.g., ACK/NACK feedback) for the first set of CBs (e.g., the CBs in TB0 305-a)); and sending at least one reference signal in the first group of reference signals to the first terminal, or receiving the at least one reference signal in the first group of reference signals from the first terminal (Kutz – Fig. 2; Paragraph [0095], note in response to receiving the downlink transmissions 210, the UE 115-a may transmit a set of uplink reference signals 215 (e.g., SRSs) to the base station 105-a, the uplink reference signals 215 may contain embedded feedback information (e.g., ACK/NACK feedback) for the CBGs on TBs received by the UE 115-a). Kutz does not teach wherein the at least two reference signal sets have respective different minimum cyclic shift intervals. In an analogous art, Lin teaches wherein the at least two preambles have respective different minimum cyclic shift intervals (Lin – Paragraph [0153], note minimum cyclic shift (Ncs) for Zadoff-Chu sequence could be computed based on RTT, delay spread, and speed requirements, the cyclic shift Ncs may be different for multiple preambles). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Lin into Kutz in order to apply minimum cyclic shift to SRS in addition to preambles, allowing for link budget requirements to be adapted for NR PRACH based on delay spread (Lin – Paragraphs [0148] and [0275]). Regarding claim 17, the claim is interpreted and rejected for the same reason as claim 2 above. Regarding claim 18, the claim is interpreted and rejected for the same reason as claim 3 above. Regarding claim 19, the claim is interpreted and rejected for the same reason as claim 4 above. Regarding claim 20, the claim is interpreted and rejected for the same reason as claim 5 above. Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kutz in view of Lin as applied to claims 1 and 10 above, and further in view of Bhattad et al. (US 2021/0044981 A1), hereinafter referred to as Bhattad. Regarding claim 6, the combination of Kutz and Lin does not teach the method further comprising: sending third indication information to the first terminal, wherein the third indication information indicates a cyclic shift segment size of the first group of reference signals. In an analogous art, Bhattad teaches the method further comprising: sending third indication information to the first terminal, wherein the third indication information indicates a cyclic shift segment size of the first group of reference signals (Bhattad – Paragraph [0157], note a BS (e.g., the BSs 105 and 400) may configure a UE to use different cyclic-shift step-size for different subbands 202). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Bhattad into the combination of Kutz and Lin in order to reduce peak-to-average-power-ratio from reference signal repetition (Bhattad – Paragraph [0157]). Regarding claim 15, the claim is interpreted and rejected for the same reason as claim 6 above. Allowable Subject Matter Claims 8-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Applicant’s dependent claims recite sending third indication information to the first terminal, wherein the third indication information indicates a first cyclic shift segment size of the first group of reference signals; and sending fifth indication information to the second terminal, wherein the fifth indication information indicates a second cyclic shift segment size of the second group of reference signals, wherein the first cyclic shift segment size of the first group of reference signals is different from the second cyclic shift segment size of the second group of reference signals; and wherein N reference signals allocated to at least two terminals are in a one-to-one correspondence with N cyclic shift values, the at least two terminals comprise the first terminal and the second terminal, the N reference signals comprise the first group of reference signals and the second group of reference signals, the N cyclic shift values are different from each other, the N cyclic shift values correspond to N cyclic shift intervals, any one of the N cyclic shift intervals indicates an interval that is between two cyclic shift values whose values are adjacent and that is in the N cyclic shift intervals, at least two of the N cyclic shift intervals have different values, and N is an integer greater than 1, which is neither taught nor suggested by the prior art. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Papasakellariou et al. (US 2015/0155994 A1) discloses a UE receiving a cyclic shift indicator indicating a cyclic shift for a sequence and an orthogonal covering code. Ponnuswamy (US 2015/0215025 A1) discloses defining minimum and cyclic shift values to mitigate inter-symbol interference. Lei et al. (US 2020/0252975 A1) discloses selecting cyclic shift step size based on pathloss associated with a UE. Wang et al. (US 2022/0070906 A1) discloses determining valid cyclic shifts based on minimum cyclic shift between sequences. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILOR C HSU whose telephone number is (571)272-1729. The examiner can normally be reached Mon-Fri. 9:00 am - 5:00 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached at (571)-272-3155. 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. /BAILOR C HSU/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Jan 24, 2024
Application Filed
Apr 15, 2026
Non-Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12615129
FRAME STRUCTURES FOR WIRELESS COMMUNICATION
2y 5m to grant Granted Apr 28, 2026
Patent 12609806
DISALLOWED COMMUNICATION DIRECTION FOR FULL-DUPLEX TIME INTERVALS
3y 0m to grant Granted Apr 21, 2026
Patent 12609760
SATELLITE COMMUNICATION SYSTEM WITH GATEWAY DIVERSITY
2y 9m to grant Granted Apr 21, 2026
Patent 12604285
A METHOD FOR HANDLING COMMUNICATION USING PARALLEL DATA STREAMS AND RELATED WIRELESS NODES AND WIRELESS DEVICES
3y 3m to grant Granted Apr 14, 2026
Patent 12603718
ROBUST TIME DISTRIBUTION AND SYNCHRONIZATION IN COMPUTER AND RADIO ACCESS NETWORKS
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

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+4.8%)
2y 7m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 315 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