Prosecution Insights
Last updated: July 05, 2026
Application No. 18/436,144

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Feb 08, 2024
Priority
Aug 09, 2021 — CN 202110909362.2 +1 more
Examiner
PEREZ GUTIERREZ, RAFAEL
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
19%
Grant Probability
At Risk
1-2
OA Rounds
1y 7m
Est. Remaining
28%
With Interview

Examiner Intelligence

Grants only 19% of cases
19%
Career Allowance Rate
35 granted / 181 resolved
-42.7% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
37 currently pending
Career history
245
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
85.6%
+45.6% vs TC avg
§102
11.2%
-28.8% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 181 resolved cases

Office Action

§102 §103
DETAILED ACTION Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 6, 8-10, 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhu (US Pub. 2022/0239423). Regarding claim 1, Zhu discloses a communication method comprising: receiving, by a terminal device, a first message from a first network device, wherein the first message comprises handover indication information and identification information of a second network device, and the handover indication information is used to indicate the terminal device to perform processing for cell handover (par.0402 “various TCI state… ……indication for an inter-cell system…. the non-serving cell ……..broadcast…….signaling index values from that of the serving cell”); and performing processing, by the terminal device, for handing over the terminal device from the first network device to the second network device based on the first message (par.0184 during and after hand over when a TCI associated with non-serving cell RS is indicated”). Regarding claim 6, Zhu discloses a communication method comprising: generating, by a first network device, a first message from a first network device, wherein the first message comprises handover indication information and identification information of a second network device (par.0402 “various TCI state… ……indication for an inter-cell system…. the non-serving cell ……..broadcast…….signaling index values from that of the serving cell”), and the handover indication information (par.006 “The BS includes…to transmit, to a UE: a configuration for inter-cell operation; a TCI state”) is used to indicate the terminal device to perform processing for cell handover (par.0184 during and after hand over when a TCI associated with non-serving cell RS is indicated”). Regarding claim 8, Zhu discloses the first message further comprises a transmission configuration indicator (TCI) state index (fig. 14A) and additional information, and the additional information comprises at least one of a preamble, a mask index (consideration is optional), or a synchronization signal block SSB index (par.0128, table 1). Regarding claims 9, 16 and 19, Zhu discloses the first message further comprises a transmission configuration indicator (TCI) state index, and a TCI state indicated by the TCI state index is a TCI state of the second network device (fig. 14A). Regarding claim 10, Zhu discloses everything as claim 1 above. More specifically, Zhu disclose a communication apparatus comprising a processor and a transceiver; the transceiver is configured to receive a first message from a first network device (par.054-056). Regarding claims 17 and 20, Zhu discloses receiving media access control-control element (MAC-CE) signaling from the first network device, where the MAC-CE signaling is used for activating one or more of a plurality of TCI states, and the one or more activated TCI states include a TCI state of the second network device (par.0256). Claim Rejections - 35 USC § 103 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. Claims 2, 5, 7, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US Pub. 2022/0239423) in view of Chin (US Pub. 2020/0383021). Regarding claims 2, 7 and 11, Zhu discloses a TCI state indicated by the TCI state index is a TCI state of the second network device; and the processing performed, by the terminal device, for handing over the terminal device from the first network device to the second network device based on the first message comprises: performing, by the terminal device, beam switching based on the TCI state indicated by the TCI state index (par.117 “switch to a beam associated with another cell”, par.0402 “TCI state/beam indication……associated with…..the non-serving cell”, fig. 14A). However, Zhu fails to teach communicating with the second network device based on the timing indicated by the timing indication information. Chin discloses communicating with the second network device based on the timing indicated by the timing indication information (par.099-100). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Zhu with the above teaching of Chin in order to provide a timing advance value provide in the random access response. The modified Zhu discloses performing, by the terminal device, beam switching based on the TCI state indicated by the TCI state index (Zhu, par.117 “switch to a beam associated with another cell”, par.0402 “TCI state/beam indication……associated with…..the non-serving cell”, fig. 14A), and communicating with the second network device based on the timing indicated by the timing indication information (Chin, par.099-100, “a timing advance value”). Regarding claims 5 and 14, Zhu fails to disclose receiving, by the terminal device, a random access response message, the random access response message includes uplink timing information; wherein the uplink timing information includes at least one of an uplink timing advance or an uplink timing advance offset. Chin discloses receiving, by the terminal device, a random access response message, the random access response message includes uplink timing information; wherein the uplink timing information includes at least one of an uplink timing advance or an uplink timing advance offset (par.096 “a random-access channel preamble”, par. 099-0100 “a timing advance value”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Zhu with the above teaching of Chin in order to provide a timing advance value provide in the random access response. Allowable Subject Matter Claims 3-4, 12-13 and 15 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Tu Nguyen whose telephone number is (571)272-7883. The examiner can normally be reached on 8AM-5PM Eastern Time. 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 Rafael Perez-Gutierrez can be reached on 571-272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300 or mailed to: Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Hand-delivered responses should be brought to Customer Service Window Randolph Building 401 Delany Street Alexandria, VA 22314 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. /TU X NGUYEN/ Primary Examiner, Art Unit 2642
Read full office action

Prosecution Timeline

Feb 08, 2024
Application Filed
Apr 15, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
19%
Grant Probability
28%
With Interview (+8.3%)
4y 0m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 181 resolved cases by this examiner. Grant probability derived from career allowance rate.

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