Prosecution Insights
Last updated: April 19, 2026
Application No. 18/431,304

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Feb 02, 2024
Examiner
HO, DAO Q
Art Unit
2432
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
565 granted / 679 resolved
+25.2% vs TC avg
Strong +32% interview lift
Without
With
+32.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
710
Total Applications
across all art units

Statute-Specific Performance

§101
11.6%
-28.4% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 679 resolved cases

Office Action

§102 §103
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 This is a reply to the application filed on 2/23/2024, in which, claim(s) 1-17 are pending. Priority Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/19/2024 and 1/16/2025, has been reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner is considering the information disclosure statement. 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. Drawings The drawings filed on 2/2/2024 is/are accepted by The Examiner. 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. 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. Claim(s) 1, 5-7, 10, 12 and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yiu et al. (US 20210127391 A1; hereinafter Yiu). Regarding claims 1 and 12, Yiu discloses a communication method, wherein the method comprises: receiving indication information from a network device, wherein the indication information indicates to report measurement capability information in a first format, and the measurement capability information in the first format comprises information about whether an interrupt is generated during measurement (an enhanced Node B (eNB) comprising circuitry to transmit a carrier aggregation (CA) specific measurement gap capability request to a user equipment (UE), the gap type can be a regular measurement gap, a mini gap, or no gap required, or a subset of these gap types, or a combination thereof. The mini gap, which also may be referred to as a small gap or an interruption gap, indicates there will be downlink transmissions on the serving frequency, and the UE can receive the downlink transmissions on the serving frequency using other RF bands or chains with a smaller value of interruption [Yiu; ¶24, 29, 53]); sending a first message to the network device, wherein the first message carries the measurement capability information of a terminal device, and the measurement capability information indicates whether a measurement gap (MG) is needed and whether the interrupt is generated when a first measurement target is measured (a user equipment (UE) comprises circuitry to connect to a network via a serving cell, indicate to the network a measurement gap capability of the UE, wherein the measurement gap capability includes information if the UE supports a carrier aggregation (CA) specific measurement gap and if the UE has two or more radio-frequency (RF) chains, and receive a CA specific measurement gap configuration from the network based on the two or more RF chains information [Yiu; ¶24, 29, 53], if a band is not required for measurement gap measurements indicate a downlink transmission on a serving frequency of the serving cell and the UE can receive the downlink transmission on the serving frequency without interruption [Yiu; ¶24, 29, 53]); and measuring the first measurement target based on the indication information and the first message (Such measurement gaps configurations are specified and signaled by means of dedicated signaling for the UE such that no downlink or uplink scheduling between the UE and the service cell occurs to allow the UE to perform measurements on the one or more given frequencies… The measurement results obtained by the UE for the one or more neighbors cells allow the eNB1 to determine whether to handover the UE to a new cell or eNB, for example if the signal levels with a neighboring cell are better than the signal levels for the serving cell [Yiu; ¶15-16]); wherein the first message comprises a first information element and a second information element, wherein a state of the first information element is one of the following two states: a first state indicating that the interrupt is generated, or a second state indicating that no interrupt is generated, and a state of the second information element is one of the following two states: a third state indicating that the MG is needed, or a fourth state indicating that no MG is needed; or the first message comprises a third information element, wherein a state of the third information element is one of the following three states: a fifth state indicating that the MG is needed, a sixth state indicating that no MG is needed and no interrupt is generated, or a seventh state indicating that no MG is needed and the interrupt is generated [Yiu; ¶29, 53-54]. Regarding claims 5 and 16, Yiu discloses wherein the measuring the first measurement target based on the indication information and the first message comprises: in a case in which the indication information indicates to report the measurement capability information in the first format, the state of the first information element is the second state, and the state of the second information element is the third state, measuring the first measurement target within a first MG; or in a case in which the indication information indicates to report the measurement capability information in the first format, and the state of the third information element is the fifth state, measuring the first measurement target within a first MG (indicating a measurement gap capability of the UE, wherein the measurement gap capability includes information if the UE supports a carrier aggregation (CA) specific measurement gap and if the UE has two or more radio-frequency (RF) chains, and receive a CA specific measurement gap configuration from the network based on the two or more RF chains information [Yiu; ¶24, 29, 53], if a band is not required for measurement gap measurements indicate a downlink transmission on a serving frequency of the serving cell and the UE can receive the downlink transmission on the serving frequency without interruption [Yiu; ¶24, 29, 53]). Regarding claim 7, Yiu discloses a communication method, wherein the method comprises: sending indication information to a terminal device, wherein the indication information indicates to report measurement capability information in a first format, and the measurement capability information in the first format comprises information about whether an interrupt is generated during measurement (an enhanced Node B (eNB) comprising circuitry to transmit a carrier aggregation (CA) specific measurement gap capability request to a user equipment (UE), the gap type can be a regular measurement gap, a mini gap, or no gap required, or a subset of these gap types, or a combination thereof. The mini gap, which also may be referred to as a small gap or an interruption gap, indicates there will be downlink transmissions on the serving frequency, and the UE can receive the downlink transmissions on the serving frequency using other RF bands or chains with a smaller value of interruption [Yiu; ¶24, 29, 53]); receiving a first message from the terminal device, wherein the first message carries the measurement capability information of the terminal device, and the measurement capability information indicates whether a measurement gap (MG) is needed and whether the interrupt is generated when a first measurement target is measured (a user equipment (UE) comprises circuitry to connect to a network via a serving cell, indicate to the network a measurement gap capability of the UE, wherein the measurement gap capability includes information if the UE supports a carrier aggregation (CA) specific measurement gap and if the UE has two or more radio-frequency (RF) chains, and receive a CA specific measurement gap configuration from the network based on the two or more RF chains information [Yiu; ¶16, 29, 53], if a band is not required for measurement gap measurements indicate a downlink transmission on a serving frequency of the serving cell and the UE can receive the downlink transmission on the serving frequency without interruption [Yiu; ¶16, 29, 53]); and sending, to the terminal device, configuration information for measuring the first measurement target, wherein the configuration information is related to the indication information, and the configuration information is related to the first message (measurement gaps configuration is provided by the network to the UE via the serving cell. In accordance with one or more embodiments, the UE may indicate to the network the radio-frequency (RF) capability and the band capability of the UE [Yiu; ¶16, 29, 53]); wherein the first message comprises a first information element and a second information element, wherein a state of the first information element is one of two states: a first state indicating that the interrupt is generated, or a second state indicating that no interrupt is generated, and a state of the second information element is one of two states: a third state indicating that the MG is needed, or a fourth state indicating that no MG is needed; or the first message comprises a third information element, wherein a state of the third information element is one of the following three states: a fifth state indicating that the MG is needed, a sixth state indicating that no MG is needed and no interrupt is generated, or a seventh state indicating that no MG is needed and the interrupt is generated [Yiu; ¶29, 53-54]. Regarding claim 10, Yiu discloses the method according to claim 7, wherein in a case in which the indication information indicates to report the measurement capability information in the first format, the state of the first information element is the second state, and the state of the second information element is the third state, the configuration information comprises second configuration information, and the second configuration information is used for configuring the MG for the first measurement target; or in a case in which the indication information indicates to report the measurement capability information in the first format, and the state of the third information element is the fifth state, the configuration information comprises second configuration information, and the second configuration information is used for configuring the MG for the first measurement target (indicating a measurement gap capability of the UE, wherein the measurement gap capability includes information if the UE supports a carrier aggregation (CA) specific measurement gap and if the UE has two or more radio-frequency (RF) chains, and receive a CA specific measurement gap configuration from the network based on the two or more RF chains information [Yiu; ¶24, 29, 53], if a band is not required for measurement gap measurements indicate a downlink transmission on a serving frequency of the serving cell and the UE can receive the downlink transmission on the serving frequency without interruption [Yiu; ¶24, 29, 53]). 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. Claim(s) 2-4, 8-9, 11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yiu et al. (US 20210127391 A1; hereinafter Yiu) in view of Li et al. (US 20230180080 A1; hereinafter Li). Regarding claims 2 and 13, Yiu does not explicilty discloses wherein the measuring the first measurement target based on the indication information and the first message comprises: in a case in which the indication information indicates to report the measurement capability information in the first format, and the state of the first information element is the first state, measuring the first measurement target within a first MG or a first network controlled small gap (NCSG); or in a case in which the indication information indicates to report the measurement capability information in the first format, and the state of the third information element is the seventh state, measuring the first measurement target within a first MG or a first NCSG; however, in a related and analogous art, Li teaches this feature. In particular, Li teaches a UE for a 5G system is to perform a measurement during a network controlled small gap (NCSG). The NCSCI includes a first visible interruption length (VIL1), a measurement length (ML), a second visible interruption length (VIL2), and a visible interruption repetition period (VIRP). A UE capability indicates a length of one or both the VIL1 and the VIL2 [Li; Abstract, ¶20-21, 29-33]. It would have been obvious before the effective filing date of the claimed invention to modify Yiu measuring during a NCSG of Li teaching with the motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. The motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. Regarding claims 3 and 14, Yiu-Li combination discloses wherein the method further comprises: receiving configuration information for configuring the first NCSG (configuration to utilized selected NCGS pattern [Li; ¶28-29]). The motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. Regarding claims 4 and 15, Yiu-Li combination discloses wherein the configuration information comprises an offset value relative to a reference time point and a first advance relative to a first time point, wherein the first time point is a time point indicated by the offset value, and candidate values of the first advance comprise a value greater than 0.5; and the method further comprises: determining a start point of the first NCSG as a time point determined based on the first time point and the first advance (a synchronous case and an asynchronous case. in synchronous case, a propagation delay is shown as a timing offset, between a DL timing and UL timing 2 10. In asynchronous case, a delay is also shown because serving cell A timing and serving cell B timing are maintained separately from each other [Li; ¶30-35; Figs. 2-3 and associated texts]). The motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. Regarding claims 6 and 17, Yiu-Li combination discloses wherein the measuring the first measurement target based on the indication information and the first message comprises: in a case in which the indication information indicates to report the measurement capability information in the first format, the state of the first information element is the second state, and the state of the second information element is the fourth state, measuring the first measurement target based on a configuration with no MG and no NCSG, or measuring the first measurement target outside a second MG or a second NCSG, wherein the second MG or the second NCSG is configured by the network device for another measurement target; or in a case in which the indication information indicates to report the measurement capability information in the first format, and the state of the third information element is the sixth state, measuring the first measurement target based on a configuration with no MG and no NCSG, or measuring the first measurement target outside a second MG or a second NCSG, wherein the second MG or the second NCSG is configured by the network device for another measurement target (The first RF chain is configured to handle the data for the first CC. The second RF chain is configured to handle the data for the second CC. Each may include a different NCSG configuration. If a measurement, object is configured for the UE to measure a block outside the CC bandwidth, e.g., outside CC1-RF1 302 [Li; ¶30-35; Figs. 2-3 and associated texts]). The motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. Regarding claim 8, Yiu-Li combination discloses the method according to claim 7, wherein in a case in which the indication information indicates to report the measurement capability information in the first format, and the state of the first information element is the first state, the configuration information comprise first configuration information for configuring a network controlled small gap (NCSG)for the first measurement target, or the configuration information comprises second configuration information for configuring the MG for the first measurement target; or in a case in which the indication information indicates to report the measurement capability information in the first format, and the state of the third information element is the seventh state, the configuration information comprises the first configuration information for configuring the NCSG for the first measurement target, or the configuration information comprises the second configuration information for configuring the MG for the first measurement target a UE for a 5G system is to perform a measurement during a network controlled small gap (NCSG). The NCSCI includes a first visible interruption length (VIL1), a measurement length (ML), a second visible interruption length (VIL2), and a visible interruption repetition period (VIRP). A UE capability indicates a length of one or both the VIL1 and the VIL2 [Li; Abstract, ¶20-21, 29-33]. It would have been obvious before the effective filing date of the claimed invention to modify Yiu measuring during a NCSG of Li teaching with the motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. The motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. Regarding claim 9, Yiu-Li combination discloses the method according to claim 7, wherein the configuration information comprises third information for configuring a start point of a first NCSG, wherein the third information comprises an offset value relative to a reference time point and a first advance for the start point of the first NCSG relative to a first time point, the first time point is a time point indicated by the offset value, and candidate values of the first advance comprise a value greater than 0.5 (a synchronous case and an asynchronous case. in synchronous case, a propagation delay is shown as a timing offset, between a DL timing and UL timing 2 10. In asynchronous case, a delay is also shown because serving cell A timing and serving cell B timing are maintained separately from each other [Li; ¶30-35; Figs. 2-3 and associated texts]). The motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. Regarding claim 11, Yiu-Li combination discloses the method according to claim 7, wherein in a case in which the indication information indicates to report the first message, the state of the first information element is the second state, and the state of the second information element is the fourth state, the configuration information does not comprise information for configuring an NCSG for the first measurement target and information for configuring the MG for the first measurement target; or in a case in which the indication information indicates to report the first message, and the state of the first information element is the sixth state, the configuration information does not comprise information for configuring an NCSG for the first measurement target and information for configuring the MG for the first measurement target (The first RF chain is configured to handle the data for the first CC. The second RF chain is configured to handle the data for the second CC. Each may include a different NCSG configuration. If a measurement, object is configured for the UE to measure a block outside the CC bandwidth, e.g., outside CC1-RF1 302 [Li; ¶30-35; Figs. 2-3 and associated texts]). The motivation that the UE may use additional RF chain to conduct the measurement on the target frequency layer such that the UE can use a different RF chain for the data transmission/reception with the service cell [Li; ¶20]. Internet Communications Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http:ljwww.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang et al. (US 20210306893 A1) teaches a communication method and system for converging a 5th-Generation (5G) communication system for supporting higher data rates beyond a 4th-Generation (4G) system with a technology for Internet of Things (IoT). The present disclosure may be applied to intelligent services based on the 5G communication technology and the IoT-related technology, such as smart home, smart building, smart city, smart car, connected car, health care, digital education, smart retail, security and safety services. The present invention relates to a method for channel measurement and device. Zhang et al. (US 20210127391 A1) teaches a method, device and computer readable medium for new radio management measurement. According to embodiments of the present disclosure, the terminal device may share partially overlapped time slots between the intra-frequency measurement and the measurement gap. In this way, the priority of intra-frequency measurement and the inter-frequency measurement may be controlled by the network device. The network device may also know the terminal device behaviors and the expected measurement performances related to the behaviors. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAO Q HO whose telephone number is (571)270-5998. The examiner can normally be reached on 7:00am - 5:00pm. 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 Nickerson can be reached on (469) 295-9235. 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. /DAO Q HO/Primary Examiner, Art Unit 2432
Read full office action

Prosecution Timeline

Feb 02, 2024
Application Filed
Feb 23, 2024
Response after Non-Final Action
Jan 22, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+32.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 679 resolved cases by this examiner. Grant probability derived from career allow rate.

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