Prosecution Insights
Last updated: July 17, 2026
Application No. 18/437,423

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Final Rejection §103
Filed
Feb 09, 2024
Priority
Aug 11, 2021 — CN 202110919675.6 +1 more
Examiner
CHOWDHURY, SHARMIN
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
294 granted / 331 resolved
+30.8% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
19 currently pending
Career history
355
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
93.1%
+53.1% vs TC avg
§102
2.3%
-37.7% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 331 resolved cases

Office Action

§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 communication is in response to Applicant's response filed under 37 C.F.R. § 1.111 in response to a Non-Final Office Action. Claims 1, 8-9, and 15 have been amended; No claims have been added; claims 7 and 14 canceled. Claims 1-6, 8-13, and 15-20 are subject to examination. Response to Arguments Applicant's arguments filed 04/07/2026, have been fully considered but they are not persuasive for the following reasons: Applicant's Argument: Applicant argues in substance that "The Examiner's combination of references is a result of hindsight reconstruction using the Applicant's own specification as a roadmap. Accordingly, amended independent claim 1 is not obvious over the combination of Pan, Kumar and Baldemair". Examiner's Response: The Examiner respectfully disagrees. The reference Pan in view of Kumar and Baldemair teaches the limitations "obtaining system information carried by the first PBCH, wherein a quantity of bits of the system information is less than 32". Reference Pan teaches that the PBCH block in FIG. 4B may comprise 216 contiguous subcarriers, which is less than generally used 240 subcarriers. Reference Kumar teaches in Par. 0082 that the payload of PBCH is 32 bits and Fig. 3 shows that the PBCH occupies 240 subcarriers. It is important to note that this 32 bit of PBCH includes system information and system information does not occupy PBCH payload entirely. Kumar also teaches in Par. 0082 that “a PBCH payload may include a number of bits (e.g., 32 bits) and each of the bits may be categorized into one of a static bit, semi-static bit, a dynamic bit, a spare bit, or reserved bit. For example, in accordance with PBCH payload bit assignment 400, bits 0, 7 through 22 may be semi-static (or static) bits, bits 1 through 6, 24 through 28 may be dynamic bits, and bit 23 may be a spare or reserve bit”. It well known in the art that the system information carried by PBCH is less than 32 bits even when PBCH occupies 240 subcarriers. In this regard Examiner would like to cite couple of reference that teaches similar mapping of PBCH: Reference Wu (US 20230353332 A1) teaches in Par. 0090-0091 that “the information carried by the PBCH includes Master Information Block (MIB) information, MIB message type indication information, and PBCH information. The information included in the MIB is shown in Table 4 below, with a total of 23 bits ... the PBCH includes a total of 32 information bits”. Reference LIU et al. (US 20240365259 A1) teaches in Par. 0090-0091 that “the PBCH 530 may be used to transmit the MIB via the broadcast channel (BCH) transport channel and the broadcast control channel (BCCH) logical channel. The MIB may have a size of 24 bits”. The reason for bringing BALDEMAIR reference is to show generally that since there is a 1-1 mapping between size in bits and resource elements, number of bits need to be reduced to fit in smaller size. The claims merely recites “a quantity of bits of the system information is less than 32”, therefore the examiner contends that the system information carried by a 32 bit PBCH is less than 32 bits. The Examiner advises the applicant to further define the “system information” limitation of the claims. By this rationale, Pan in view of Kumar and Baldemair teaches the claimed limitations and therefore the rejection is maintained. See rejection below. Regarding all other arguments presented by Applicant, the arguments are substantially the same as those which have already been addressed above and, in the interest of brevity, the Examiner directs Applicant to those responses above. 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. Claim 1-3, 9-11, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over PAN et al. (PAN hereafter) (WO 2018204351 A1, submitted in IDS) in view of Kumar et al. (Kumar hereafter) (US 20230037028 A1) and in further view of BALDEMAIR et al. (BALDEMAIR hereafter) (US 20230155731 A1). Regarding claim 1 and claim 15, PAN teaches, A communication method, comprising: determining a first physical resource, wherein the first physical resource is a physical resource occupied by a first physical broadcast channel (PBCH) and a first PBCH demodulation reference signal (DMRS) in a first synchronization signal and physical broadcast channel block (SSB) (PAN; Fig. 4B, Table 2; For mapping a PBCH and a DMRS within an SS/PBCH block, a WTRU may assume ... The mapping to resource elements ... within one SS/PBCH block and may be given by Table 1 and Table 2, Par. 0110-0111); and receiving the first PBCH and the first PBCH DMRS on the first physical resource (PAN; Fig. 10 illustrates a flow diagram showing how a WTRU acquires a set of SS/PBCH blocks, Par. 0169), and obtaining system information carried by the first PBCH (PAN; the WTRU decodes the Physical Broadcast Channel (PBCH) ... acquire the Master Information Block (MIB), Par. 0078), wherein the first SSB occupies four symbols in time domain and occupies X subcarriers in frequency domain, wherein X is a positive integer greater than 127 and less than 240 (PAN; Fig. 4B, Table 2; the SS/PBCH blocks in FIG. 4B may also comprise 4 OFDM symbols ... Within the SS/PBCH block, the PSS, the SSS, or the PBCH, which are associated with PBCH-specific DMRS, may occupy different symbols shown in Table 2 below … In the frequency domain, an SS/PBCH block in FIG. 4B may comprise 216 contiguous subcarriers with the subcarriers numbered in increasing order from 0 to 215 within the SS/PBCH block, Par. 0105-0106). PAN fails to explicitly teach, wherein a quantity of bits of the system information is less than 32. However, in the same field of endeavor, Kumar teaches, wherein a quantity of bits of the system information is 32 (Kumar; a PBCH payload may include a number of bits (e.g., 32 bits), Par. 0082 [Note that out of 32 bits, some are system information bits]) 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 PAN to include the use of PBCH payload as taught by Kumar in order to determine number of bits (Kumar; Fig. 4). Although PAN teaches that PBCH of Fig. 4B has less resource elements, but PAN-Kumar fail to explicitly teach, a quantity of bits less than 32. However, in the same field of endeavor, BALDEMAIR teaches, a quantity of bits less than 32 (BALDEMAIR; a 1-1 mapping between size in bits and resource elements, Par. 0015; the number of bits made available for transmission, e.g. based on a modulation scheme and/or modulation and coding scheme, Par. 0013). 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 PAN- Kumar to include the use of 1-1 relationship as taught by BALDEMAIR in order to determine less than 32 bits (BALDEMAIR; Par. 0015). Specifically for claim 15, PAN teaches, A communication apparatus, comprising: one or more processors configured to perform operations comprising (PAN; a WTRU, Par. 0110). Regarding claim 9, PAN teaches, A communication method, comprising: obtaining system information carried by the first PBCH (PAN; the WTRU decodes the Physical Broadcast Channel (PBCH) ... acquire the Master Information Block (MIB), Par. 0078), mapping a first physical broadcast channel (PBCH) and a first PBCH demodulation reference signal (DMRS) to a first physical resource, wherein the first physical resource is a physical resource occupied by the first PBCH and the first PBCH DMRS in a first synchronization signal and physical broadcast channel block (SSB) (PAN; Fig. 4B, Table 2; For mapping a PBCH and a DMRS within an SS/PBCH block, a WTRU may assume ... The mapping to resource elements ... within one SS/PBCH block and may be given by Table 1 and Table 2, Par. 0110-0111); and sending the first PBCH and the first PBCH DMRS, wherein the first PBCH is located in the first physical resource (PAN; Fig. 10 illustrates a flow diagram showing how a WTRU acquires a set of SS/PBCH blocks, Par. 0169), and the first SSB occupies four symbols in time domain and occupies X subcarriers in frequency domain, wherein X is a positive integer greater than 127 and less than 240 (PAN; Fig. 4B, Table 2; the SS/PBCH blocks in FIG. 4B may also comprise 4 OFDM symbols ... Within the SS/PBCH block, the PSS, the SSS, or the PBCH, which are associated with PBCH-specific DMRS, may occupy different symbols shown in Table 2 below … In the frequency domain, an SS/PBCH block in FIG. 4B may comprise 216 contiguous subcarriers with the subcarriers numbered in increasing order from 0 to 215 within the SS/PBCH block, Par. 0105-0106). Regarding claim 7, PAN teaches, The method according to claim 1, wherein after the receiving the first PBCH, the method further comprises. PAN fails to explicitly teach, wherein a quantity of bits of the system information is less than 32. However, in the same field of endeavor, Kumar teaches, wherein a quantity of bits of the system information is 32 (Kumar; a PBCH payload may include a number of bits (e.g., 32 bits), Par. 0082 [Note that out of 32 bits, some are system information bits]) 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 PAN to include the use of PBCH payload as taught by Kumar in order to determine number of bits (Kumar; Fig. 4). Although PAN teaches that PBCH of Fig. 4B has less resource elements, but PAN-Kumar fail to explicitly teach, a quantity of bits less than 32. However, in the same field of endeavor, BALDEMAIR teaches, a quantity of bits less than 32 (BALDEMAIR; a 1-1 mapping between size in bits and resource elements, Par. 0015; the number of bits made available for transmission, e.g. based on a modulation scheme and/or modulation and coding scheme, Par. 0013). 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 PAN- Kumar to include the use of 1-1 relationship as taught by BALDEMAIR in order to determine less than 32 bits (BALDEMAIR; Par. 0015). Regarding claim 2 and claim 16, PAN- Kumar- BALDEMAIR teaches, The method according to claim 1 and The method according to claim 15 respectively, wherein the first physical resource comprises: all resource elements (REs) in a 2nd symbol and a 4th symbol in the four symbols (PAN; Fig. 4B); and Y REs in a 3rd symbol in the four symbols, wherein Y is a positive integer less than 96 (PAN; Table 2 [Note that Table 2 shows Y is 72]); Regarding claim 3 and claim 17, PAN- Kumar- BALDEMAIR teaches, The method according to claim 1 and The method according to claim 15 respectively, wherein X is 144, 150, 180, 192, or 216 (PAN; In the frequency domain, an SS/PBCH block in FIG. 4B may comprise 216 contiguous subcarriers with the subcarriers numbered in increasing order from 0 to 215 within the SS/PBCH block, Par. 0106). Regarding claim 10, PAN- Kumar- BALDEMAIR teaches, The method according to claim 9 respectively, wherein the first physical resource comprises: all resource elements (REs) in a 2nd symbol and a 4th symbol in the four symbols (PAN; Fig. 4B); and Y REs in a 3rd symbol in the four symbols, wherein Y is a positive integer less than 96 (PAN; Table 2 [Note that Table 2 shows Y is 72]); Regarding claim 11, PAN- Kumar- BALDEMAIR teaches, The method according to claim 9, wherein X is 144, 150, 180, 192, or 216 (PAN; In the frequency domain, an SS/PBCH block in FIG. 4B may comprise 216 contiguous subcarriers with the subcarriers numbered in increasing order from 0 to 215 within the SS/PBCH block, Par. 0106). Claim 4-6, 12-13, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over PAN- Kumar- BALDEMAIR in view of Harada et al. (Harada hereafter) (US 20200260299 A1). Regarding claim 4 and claim 18, PAN- Kumar- BALDEMAIR teaches, The method according to claim 1 and The method according to claim 15 respectively, wherein the determining a first physical resource comprises: determining the first physical resource based on a first frequency domain pattern (PAN; FIG. 4B may comprise 216 contiguous subcarriers, Par. 0106), wherein the first frequency domain pattern is a part of patterns comprised in a second frequency domain pattern (PAN; FIG. 4A … may comprise 240 contiguous subcarriers, Par. 0104); and the second frequency domain pattern is a frequency domain resource pattern in a second resource area, and the second resource area occupies four consecutive symbols in time domain and occupies 240 consecutive subcarriers in frequency domain (PAN; FIG. 4A). Although PAN describes Fig. 4A and 4B, but fails to explicitly teach that Fig. 4B pattern is part of Fig. 4A pattern. However, in the same field of endeavor, Harada teaches in Fig. 3 that PBCH bandwidth is reduced from 24 PRB to 18 PRB. 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 PAN- Kumar- BALDEMAIR to include the use of reducing PBCH bandwidth as taught by Harada in order to reduce SS raster (Harada; Par. 0043). Regarding claim 12, PAN- Kumar- BALDEMAIR teaches, The method according to claim 9, wherein the mapping a first PBCH and a first PBCH DMRS to a first physical resource comprises: determining the first physical resource based on a first frequency domain pattern (PAN; FIG. 4B may comprise 216 contiguous subcarriers, Par. 0106), wherein the first frequency domain pattern is a part of patterns comprised in a second frequency domain pattern (PAN; FIG. 4A … may comprise 240 contiguous subcarriers, Par. 0104); and the second frequency domain pattern is a frequency domain resource pattern in a second resource area, and the second resource area occupies four consecutive symbols in time domain and occupies 240 consecutive subcarriers in frequency domain (PAN; FIG. 4A). Although PAN describes Fig. 4A and 4B, but fails to explicitly teach that Fig. 4B pattern is part of Fig. 4A pattern. However, in the same field of endeavor, Harada teaches in Fig. 3 that PBCH bandwidth is reduced from 24 PRB to 18 PRB. 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 PAN- Kumar- BALDEMAIR to include the use of reducing PBCH bandwidth as taught by Harada in order to reduce SS raster (Harada; Par. 0043). Regarding claim 5, claim 13, and claim 19, PAN- Kumar- BALDEMAIR-Harada teaches, The method according to claim 4, The method according to claim 12, and The method according to claim 18 respectively, wherein the second frequency domain pattern comprises: in a 2nd symbol and a 4th symbol in the second resource area, a frequency domain resource is the 240 subcarriers (PAN; FIG. 4A); and in a 3rd symbol in the second resource area, a frequency domain resource is the first 48 subcarriers and the last 48 subcarriers in the 240 subcarriers (PAN; Table 1 & Kumar; Fig. 3). 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 PAN- BALDEMAIR-Harada to include the use of PBCH pattern as taught by Kumar in order to include it in 3 symbols (Kumar; Fig. 3). Regarding claim 6 and claim 20, PAN- Kumar- BALDEMAIR-Harada teaches, The method according to claim 4 and The apparatus according to claim 18 respectively. wherein coded bits of the first PBCH are determined based on the first or second frequency domain pattern (Harada; In PBCH (MIB), the information that is necessary to receive … is set forth using predetermined bits, Par. 0030 & BALDEMAIR; a 1-1 mapping between size in bits and resource elements, Par. 0015; the number of bits made available for transmission, e.g. based on a modulation scheme and/or modulation and coding scheme, Par. 0013). 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 PAN- Kumar- BALDEMAIR to include the use of number of bit of PBCH as taught by Harada in order to send downlink configuration information (Harada; Par. 0030). 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 PAN- Kumar- Harada to include the use of coded bits of PBCH as taught by BALDEMAIR in order to map them on available resources (BALDEMAIR; Par. 0015). Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over PAN- Kumar- BALDEMAIR and in further view of BAKER et al. (BAKER hereafter) (US 20240291613 A1). Regarding claim 8, PAN- Kumar- BALDEMAIR teaches, The method according to claim 1. PAN- Kumar- BALDEMAIR fail to explicitly teach, wherein the system information does not comprise common subcarrier spacing information; a quantity of bits of physical downlink control channel configuration information comprised in the system information is less than 8; or a quantity of bits of physical layer information comprised in the system information is less than 8. However, in the same field of endeavor, BAKER teaches, wherein the system information does not comprise common subcarrier spacing information (BAKER; the information element “subCarrierSpacingCommon” may also be omitted, Par. 0044). 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 PAN- Kumar- BALDEMAIR to include the use of modified payload content of MIB as taught by BAKER in order to exclude common subcarrier spacing (BAKER; Par. 0044). Conclusion THIS ACTION IS MADE FINAL. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARMIN CHOWDHURY whose telephone number is (571)272-6419. The examiner can normally be reached M-F 8:00 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, Noel Beharry can be reached at 5712705630. 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. /SHARMIN CHOWDHURY/Primary Examiner, Art Unit 2416
Read full office action

Prosecution Timeline

Feb 09, 2024
Application Filed
Apr 21, 2025
Response after Non-Final Action
Feb 04, 2026
Non-Final Rejection mailed — §103
Apr 07, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+16.8%)
2y 7m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 331 resolved cases by this examiner. Grant probability derived from career allowance rate.

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