Prosecution Insights
Last updated: April 19, 2026
Application No. 18/423,976

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Non-Final OA §103
Filed
Jan 26, 2024
Examiner
SOE, KYAW Z
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
311 granted / 348 resolved
+31.4% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
34 currently pending
Career history
382
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
7.7%
-32.3% vs TC avg
§112
15.8%
-24.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 348 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to an application filed on 01/26/2024. Claims 1- 19 are pending for examination. Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The information disclosure statement (IDS) was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application. Drawings The Examiner contends that the drawings submitted on 01/26/2024 are acceptable for examination proceedings. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 non-obviousness. Claims 1- 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20200022194 A1), hereinafter “Wang”; and in further view of Kuang et al. (US 20190364554 A1), hereinafter “Kuang”. Regarding claim 1, Wang teaches A communication method, applied to a first terminal device [Wang: Abstract teaches sending message including configuration information between terminal devices], wherein the method comprises: receiving a first media access control (MAC) protocol data unit (PDU) from a radio access network device, wherein the first MAC PDU includes first information that is usable to identify a second terminal device and control information [Wang: Fig. 13a,b; Par. 200-205 teaches of sending MAC PDU from access network device]; and sending a second MAC PDU to the second terminal device through a sidelink [Wang: Figs. 13a,b ; Par. 206- 2010 sending MAC PDU to the terminal by relay device]. PNG media_image1.png 328 456 media_image1.png Greyscale However, Wang does not teach wherein the second MAC PDU includes second information, and the second information is usable to indicate that the second MAC PDU includes the control information. Nevertheless, Kuang, in the similar filed of endeavor, teaches wherein the second MAC PDU includes second information, and the second information is usable to indicate that the second MAC PDU includes the control information [Kuang: Fig. 2, Par. 374 teaches second message is encapsulated with sidelink control information which further include different type of information for terminal]. PNG media_image2.png 378 416 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Kuang for sending sidelink control information in second message. One of ordinary skill in the art would be motivated to utilize the teachings of Kuang in the Wang system in order to implement rapid scheduling and reduce delay [Kuang: Par. 32]. Regarding claim 2, the combined Wang in view of Kuang teaches all the limitations in the parent claim 1. Wang in view of Kuang further teaches sending the second MAC PDU including a second MAC sub header and a first MAC control element (CE), the second MAC sub header includes the second information, and the second information is usable to indicated that the first MAC CE includes the control information [Wang: See Fig. 13 a, b] Regarding claim 3, the combined Wang in view of Kuang teaches all the limitations in the parent claim 1. Wang in view of Kuang further teaches wherein the receiving the first MAC PDU that includes first information that is usable to identify the control information includes receiving the first MAC PDU that includes first information that is usable to identify information about a recommended bit rate [Kuang: Par. 244 further teaches sending information about identify is arranged with bit]. Regarding claim 4, the combined Wang in view of Kuang teaches all the limitations in the parent claim 1. Wang in view of Kuang further teaches receiving the first MAC PDU including a first MAC control element (CE), and the first MAC CE includes the first information that identifies the second terminal device [Wang: See step 1303]. Regarding claim 5, the combined Wang in view of Kuang teaches all the limitations in the parent claim 4. Wang in view of Kuang further teaches wherein at least one of receiving the first MAC PDU including the first MAC CE or the sending the second MAC PDU that includes a second MAC CE includes respectively receiving or sending third information, and the third information is usable to identity information of a logical channel corresponding to the control information or identity information of a radio bearer corresponding to the control information [Wang: Fig. 6; Par. 155 teaches of receiving and configuring the radio bearer information]. Regarding claim 6, the combined Wang in view of Kuang teaches all the limitations in the parent claim 1. Wang in view of Kuang further teaches determining, based on the first information that identifies the second terminal device, to send the second MAC PDU to the second terminal device through the sidelink [Wang: Fig. 13a]. Regarding claim 7, Wang teaches An apparatus, applied for a first terminal device, comprising: a memory storing instructions [Wang: Fig. 5]; and at least one processor connected to the memory, wherein the processor is configured to execute the instructions to cause the processor to perform operations of [Wang: Abstract teaches sending message including configuration information between terminal devices], wherein the method comprises: receiving a first media access control (MAC) protocol data unit (PDU) from a radio access network device, wherein the first MAC PDU includes first information usable to identify a second terminal device and control information [Wang: Fig. 13a,b; Par. 200-205 teaches of sending MAC PDU from access network device]; and sending a second MAC PDU to the second terminal device through a sidelink, wherein the second MAC PDU includes second information [Wang: Figs. 13a,b ; Par. 206- 2010 sending MAC PDU to the terminal by relay device]. PNG media_image1.png 328 456 media_image1.png Greyscale However, Wang does not teach wherein the second MAC PDU includes second information, and the second information is usable to indicate that the second MAC PDU includes the control information. Nevertheless, Kuang, in the similar filed of endeavor, teaches wherein the second MAC PDU includes second information, and the second information is usable to indicate that the second MAC PDU includes the control information [Kuang: Fig. 2, Par. 374 teaches second message is encapsulated with sidelink control information which further include different type of information for terminal]. PNG media_image2.png 378 416 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Kuang for sending sidelink control information in second message. One of ordinary skill in the art would be motivated to utilize the teachings of Kuang in the Wang system in order to implement rapid scheduling and reduce delay [Kuang: Par. 32]. Regarding claim 8, the claim is interpreted and rejected for the same reason as set forth for claim 2. Regarding claim 9, the combined Wang in view of Kuang teaches all the limitations in the parent claim 8. Wang in view of Kuang further teaches wherein the control information comprises information about a recommended bit rate [Kuang: Par. 244 further teaches sending information about identify is arranged with bit]. Regarding claim 10, the claim is interpreted and rejected for the same reason as set forth for claim 4. Regarding claim 11, the claim is interpreted and rejected for the same reason as set forth for claim 5. Regarding claim 12, the claim is interpreted and rejected for the same reason as set forth for claim 6. Regarding claim 13, Wang teaches A communication method, applied to a first terminal device and comprising [Wang: Fig. 5]; and at least one processor connected to the memory, wherein the processor is configured to execute the instructions to cause the processor to perform operations of [Wang: Abstract teaches sending message including configuration information between terminal devices], wherein the method comprises: receiving a first media access control (MAC) protocol data unit (PDU) from a radio access network device, wherein the first MAC PDU includes first indication information, the first indication information is usable to indicate that the first MAC PDU includes: first information that is usable to identify a second terminal device, second information [Wang: Fig. 13a,b; Par. 200-205 teaches of sending MAC PDU from access network device]; sending a second MAC PDU to the second terminal device through a sidelink, wherein the second MAC PDU includes second indication information, the second indication information is usable to indicate that the second MAC PDU [Wang: Figs. 13a,b ; Par. 206- 2010 sending MAC PDU to the terminal by relay device]. PNG media_image1.png 328 456 media_image1.png Greyscale However, Wang does not teach wherein the second information is usable to indicate that the first MAC PDU includes the control information; and includes: the second information and the control information, and the second information is usable to indicate that the second MAC PDU comprises the control information Nevertheless, Kuang, in the similar filed of endeavor, teaches wherein the second information is usable to indicate that the first MAC PDU includes the control information [Kuang: Fig. 2, Par. 374 teaches second message is encapsulated with sidelink control information which further include different type of information for terminal] includes: the second information and the control information, and the second information is usable to indicate that the second MAC PDU comprises the control information [Kuang: Fig. 2; Par. 205- 210 teaches of sending second message/information which comprise control information from first message and information of UE]. PNG media_image2.png 378 416 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Kuang for sending sidelink control information in second message. One of ordinary skill in the art would be motivated to utilize the teachings of Kuang in the Wang system in order to implement rapid scheduling and reduce delay [Kuang: Par. 32]. Regarding claim 14, the combined Wang in view of Kuang teaches all the limitations in the parent claim 13. Wang in view of Kuang further teaches wherein the receiving the first MAC PDU includes receiving a first MAC subheader and a first MAC control element (CE) [Wang: Par. 72 teaches of adding header to the data which include identifier of the terminal and CE], the first MAC sub header includes the first indication information, and the first MAC CE includes: the first information that is usable to identify the second terminal device, the second information, and the control information. [Wang: See Fig. 13 a, b] Regarding claim 15, the combined Wang in view of Kuang teaches all the limitations in the parent claim 13. Wang in view of Kuang further teaches wherein the sending the second MAC PDU includes sending a second MAC subheader and a first MAC control element (CE), [Wang: Par. 72 teaches of adding header to the data which include identifier of the terminal and CE], the second MAC subheader includes the second indication information, and the second MAC CE includes: the second information and the control information [Kuang; Fig. 7; Par. 296 further teaches of MAC PDU further including of sub headers]. Regarding claim 16, the combined Wang in view of Kuang teaches all the limitations in the parent claim 13. Wang in view of Kuang further teaches wherein the receiving the first MAC PDU that includes the first indication information includes receiving a logical channel identity field value that identifies a MAC CE type on a Uu interface [Wang: Par. 68 included Uu interface]. Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth for claim 9. Regarding claim 18, the claim is interpreted and rejected for the same reason as set forth for claim 11. Regarding claim 19, the claim is interpreted and rejected for the same reason as set forth for claim 12. Conclusion The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure. A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYAW Z SOE whose telephone number is (571)270-0304. The examiner can normally be reached on 9am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached on 5712707191. 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. /KYAW Z SOE/Primary Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Jan 26, 2024
Application Filed
Jan 01, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+10.0%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 348 resolved cases by this examiner. Grant probability derived from career allow rate.

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