Prosecution Insights
Last updated: July 17, 2026
Application No. 18/432,662

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Final Rejection §102
Filed
Feb 05, 2024
Priority
Aug 06, 2021 — CN 202110904525.8 +1 more
Examiner
MIZRAHI, DIANE D
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
92%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
1257 granted / 1363 resolved
+30.2% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
41 currently pending
Career history
1392
Total Applications
across all art units

Statute-Specific Performance

§101
15.5%
-24.5% vs TC avg
§103
16.1%
-23.9% vs TC avg
§102
38.9%
-1.1% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1363 resolved cases

Office Action

§102
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 . Information Disclosure Statement As required by M.P.E.P. 609(c), the Applicant's submissions of the Information Disclosure Statement is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action. Applicant’s Information Disclosure Statement has been received, entered into the record, and considered. See attached form PTO-1449. Claims 21-40 are presented for examination. Response to Arguments This final office action is in response to the amendment of April 2, 2025, and the arguments are considered not persuasive for reasons infra: Applicant argues that Karjalainen does not disclose, “indication of a resource multiplexing parameter for resource multiplexing of the DU and the MT is specifically received from a parent node that is an IAB donor node or an intermediate IAB node”. Examiner disagrees. This limitation has not specifically and exactly been claimed in the independent claims 21 and 31. Therefore this point is moot. Applicant argues that Karjalainen does not disclose a “resource parameter for resource multiplexing of the DU and the MT”. Examiner formally disagrees. Karjalainen “resource parameter for resource multiplexing of the DU and the MT” as noted below: Karjalainen teaches --wherein the parent node is an IAB donor node or an intermediate IAB node between the first IAB node and the IAB donor node” (i.e., scheduling of resources for uplink data transmission from the user equipment(s) and downlink data transmission to user equipment(s), sending control information to configure one or more user equipment, and the like. These are a few examples of one or more functions that a RAN node or base station may perform. A base station may also be DU (Distributed Unit) part of IAB (Integrated Access and Backhaul) node (a.k.a. a relay node). DU facilitates the access link connection(s) for an IAB node, in particular the relay node) (Col 4, lines 57-67 to Col 5, line 1-48) and “resource multiplexing” (i.e., determining which transmission antenna ports can coherently transmit data and/or control and/or reference signal and/or signals with each other, the user equipment 104 can send an assistance message 202 to the base station 102. The user equipment 104 can send the assistance message 202 to the base station 102 via, for example, an L1 or physical layer, a media access control (MAC) layer, or a radio resource control (RRC) layer. The assistance message 202 can indicate that the transmission antenna ports included in the user equipment 104 are capable of independently and/or jointly transmitting distinct, precoded data and/or control and/or reference signal and/or signals to the base station 104. The assistance message 202 can include coherence information, such as indicating whether the transmission antenna ports included in the user equipment 104 can coherently transmit pre-coded data and/or control and/or reference signal and/or signal with each other) (Col 8, lines 39-67) -- Therefore, this office action is final based on the teaching of Karjalainen, as noted infra; 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 – 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. Claims 21-29 and 31-39 are rejected under 35 U.S.C. 102(e) as being anticipated by Karjalainen et al., (US Patent No. 11843436 B2 and Karjalainen hereinafter). Regarding Claims 21 and 31, Karjalainen teaches comprising: receiving, by a first integrated access and backhaul node (IAB node) (i.e., user equipment when there is data to be delivered to the user equipment, assisting in handover of a user equipment between cells, scheduling of resources for uplink data transmission from the user equipment(s) and downlink data transmission to user equipment(s), sending control information to configure one or more user equipment, and the like. These are a few examples of one or more functions that a RAN node or base station may perform. A base station may also be DU (Distributed Unit) part of IAB (Integrated Access and Backhaul) node (a.k.a. a relay node). DU facilitates the access link connection(s) for an IAB node) (Col 4, lines 57-65 to Col 5, lines 1-29), first indication information from a parent node, wherein the first IAB node comprises a distributed unit (DU) (i.e., distributed unit (DU) in the case of a split BS). At least part of the functionalities of a BS (e.g., access point (AP), base station (BS) or (e) Node B (eNB), BS, RAN node) may also be carried out by any node ) (Col 1, lines 50-56) and a mobile terminal (MT) and (Col 5, lines 30-48), and wherein the first indication information indicates a first parameter during resource multiplexing of the DU and the MT (i.e. mobile stations) (Figure 1, whole figure, infra) (Examiner asserts that multiplexing is known of one of ordinary skill in the art in telecommunications and computer networking.) PNG media_image1.png 530 403 media_image1.png Greyscale ; and transmitting, by the first IAB node (Col 4, lines 57-65 to Col 5, lines 1-29), data based on the first parameter (i.e., The wireless station 900 can include, for example, one or more wireless transceivers 902, which can include multiple transmitters and/or transmission antenna ports to transmit signals and multiple receivers and/or receive antenna ports to receive signals. The wireless station 900 also includes a processor or control unit/entity (controller) 904 to execute instructions or software and control transmission and receptions of signals, and a memory 906 to store data) (Col 15, lines 4-38). In regards to the newly added limitations (Amendment April 2, 2026), --wherein the parent node is an IAB donor node or an intermediate IAB node between the first IAB node and the IAB donor node” -- Karjalainen teaches --wherein the parent node is an IAB donor node or an intermediate IAB node between the first IAB node and the IAB donor node” (i.e., scheduling of resources for uplink data transmission from the user equipment(s) and downlink data transmission to user equipment(s), sending control information to configure one or more user equipment, and the like. These are a few examples of one or more functions that a RAN node or base station may perform. A base station may also be DU (Distributed Unit) part of IAB (Integrated Access and Backhaul) node (a.k.a. a relay node). DU facilitates the access link connection(s) for an IAB node, in particular the relay node) (Col 4, lines 57-67 to Col 5, line 1-48) and “resource multiplexing” (i.e., determining which transmission antenna ports can coherently transmit data and/or control and/or reference signal and/or signals with each other, the user equipment 104 can send an assistance message 202 to the base station 102. The user equipment 104 can send the assistance message 202 to the base station 102 via, for example, an L1 or physical layer, a media access control (MAC) layer, or a radio resource control (RRC) layer. The assistance message 202 can indicate that the transmission antenna ports included in the user equipment 104 are capable of independently and/or jointly transmitting distinct, precoded data and/or control and/or reference signal and/or signals to the base station 104. The assistance message 202 can include coherence information, such as indicating whether the transmission antenna ports included in the user equipment 104 can coherently transmit pre-coded data and/or control and/or reference signal and/or signal with each other) (Col 8, lines 39-67) -- Regarding Claims 22 and 32, Karjalainen teaches transmitting, by the first IAB node, the data based on the first parameter in a first transmission mode, wherein the first transmission mode comprises a transmission mode in which data transmission of the DU and the MT is based on the resource multiplexing (Col 4, lines 57-65 to Col 5, lines 1-29). Regarding Claims 23 and 33, Karjalainen teaches wherein transmitting, by the first IAB node, the data based on the first parameter comprises: transmitting, by the first IAB node, the data based on the first parameter in a second transmission mode, wherein the second transmission mode comprises a transmission mode in which data transmission of the DU and the MT is not based on the resource multiplexing (i.e. (i.e. mobile stations) (Figure 1, whole figure, infra) (Examiner asserts that multiplexing is known of one of ordinary skill in the art in telecommunications and computer networking.) (Examiner asserts that multiplexing and demultiplexing in known in telecommunication and data processing). (i.e. mobile stations) (Figure 1, whole figure, infra) (Examiner asserts that multiplexing is known of one of ordinary skill in the art in telecommunications and computer networking.) (Examiner asserts that multiplexing and demultiplexing in known in telecommunication and data processing). Regarding Claims 24 and 34, Karjalainen teaches further comprising: sending, by the first IAB node, second indication information to the parent node, wherein the second indication information indicates that data transmission of the DU and the MT is not based on the resource multiplexing (i.e. mobile stations) (Figure 1, whole figure, infra) (Examiner asserts that multiplexing is known of one of ordinary skill in the art in telecommunications and computer networking.) (Examiner asserts that multiplexing and demultiplexing in known in telecommunication and data processing) Regarding Claim 25 and 35, Karjalainen teaches comprising: before receiving, by the first IAB node, the first indication information from the parent node: sending, by the first IAB node, third indication information to the parent node, wherein the third indication information indicates at least one parameter required by the DU and the MT when a resource multiplexing mode comprises a first resource multiplexing mode (Figure 1, whole figure, infra) (Examiner asserts that multiplexing is known of one of ordinary skill in the art in telecommunications and computer networking.) (Examiner asserts that multiplexing and demultiplexing in known in telecommunication and data processing) Regarding Claims 26 and 36, Karjalainen teaches wherein the at least one parameter comprises the first parameter (i.e., coherence information (802) indicating whether a first transmission signal to be transmitted via a first transmission port will be coherent with a second transmission signal to be transmitted via a second transmission port, whether the first transmission signal to be transmitted via the first transmission port will be coherent with a third transmission signal to be transmitted via a third transmission port, and whether the second transmission signal to be transmitted via the third transmission port will be coherent with the third transmission signal to be transmitted via the third transmission port. The method 800 can also include generating a transmission indication message (804) based on the coherence information, the transmission indication message assigning resources ) (Col 14, lines 33-59). Regarding Claim 27 and 37, Karjalainen teaches wherein the at least one parameter is different from the first parameter (i.e., coherence information (802) indicating whether a first transmission signal to be transmitted via a first transmission port will be coherent with a second transmission signal to be transmitted via a second transmission port, whether the first transmission signal to be transmitted via the first transmission port will be coherent with a third transmission signal to be transmitted via a third transmission port, and whether the second transmission signal to be transmitted via the third transmission port will be coherent with the third transmission signal to be transmitted via the third transmission port. The method 800 can also include generating a transmission indication message (804) based on the coherence information, the transmission indication message assigning resources ) (Col 14, lines 33-59). Regarding Claims 28 and 38, Karjalainen teaches wherein the first parameter is based on the DU and the MT performing the resource multiplexing, wherein a resource multiplexing mode comprises a second resource multiplexing mode, and wherein the first resource multiplexing mode is different from the second resource multiplexing mode (i.e., coherence information indicating whether a first transmission signal to be transmitted via a first transmission port will be coherent with a second transmission signal to be transmitted via a second transmission port, whether the first transmission signal to be transmitted via the first transmission port will be coherent with a third transmission signal to be transmitted via a third transmission port, and whether the second transmission signal to be transmitted via the third transmission port will be coherent with the third transmission signal to be transmitted via the third transmission port. The method 800 can also include generating a transmission indication message (804) based on the coherence information, the transmission indication message assigning resources) (Col 14, lines 33-59). Regarding Claims 29, 39 and 40, Karjalainen teaches wherein the first parameter is based on the DU and the MT performing resource multiplexing, and wherein a resource multiplexing mode comprises the first resource multiplexing mode (i.e., first transmission signal to be transmitted via a first transmission port will be coherent with a second transmission signal to be transmitted via a second transmission port) (Col 14, lines 33-59). Allowable Subject Matter Claim 30 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Karjalainen et al., (US Patent No. 11843436 B2 and Karjalainen relates to transmitting, by a user equipment to a base station, coherence information indicating, based on precoding to be performed in association with transmission, whether multiple transmission signals to be transmitted via multiple transmission ports will be coherent with each other, receiving, from the base station, a transmission indication message, the transmission indication message assigning uplink transmission resources and coherence information to the multiple transmission ports, and transmitting, to the base station via the assigned uplink transmission resources, the multiple transmission signals via the multiple transmission ports. However, Karjalainen fails to show “before sending, by the first backhaul node node, the third indication information to the parent node: receiving, by the first backhaul node node, first request information from the parent node, wherein the first request information requests capability information of the distributed unit and mobile terminal during the resource multiplexing based on the first request information” … As claimed (supports in Para [0047]; [0052]; [0055]; [0073]; [0081], for example). Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Karjalainen et al., (US Patent No. 11843436 B2), “Assigning Resources To Ports Based On Coherence” (December 12, 2023). Karjalainen et al., discloses transmitting, by a user equipment to a base station, coherence information indicating, based on precoding to be performed in association with transmission, whether multiple transmission signals to be transmitted via multiple transmission ports will be coherent with each other, receiving, from the base station, a transmission indication message, the transmission indication message assigning uplink transmission resources and coherence information to the multiple transmission ports, and transmitting, to the base station via the assigned uplink transmission resources, the multiple transmission signals via the multiple transmission ports. 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. Communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T. Slater can be reached on (571) 270-0375. The fax phone numbers for the organization where this application or proceeding is assigned are (703) 872-9306 for regular communications and for After Final communication. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571) 272-2600. 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.qov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll free). /DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647 Diane.Mizrahi@USPTO.gov
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Prosecution Timeline

Feb 05, 2024
Application Filed
Mar 26, 2024
Response after Non-Final Action
Jan 28, 2026
Non-Final Rejection mailed — §102
Apr 22, 2026
Response Filed
May 21, 2026
Final Rejection mailed — §102 (current)

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Prosecution Projections

3-4
Expected OA Rounds
92%
Grant Probability
98%
With Interview (+5.3%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1363 resolved cases by this examiner. Grant probability derived from career allowance rate.

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