Prosecution Insights
Last updated: August 17, 2026
Application No. 18/463,026

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Final Rejection §103
Filed
Sep 07, 2023
Priority
Mar 09, 2021 — CN 202110254900.9 +1 more
Examiner
LI, GUANG W
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Final)
78%
Grant Probability
Favorable
4-5
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
505 granted / 647 resolved
+20.1% vs TC avg
Strong +24% interview lift
Without
With
+24.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
23 currently pending
Career history
676
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 647 resolved cases

Office Action

§103
DETAILED ACTION It is hereby acknowledged that the following papers have been received and placed of record in the file: Remark date:06/08/2026. Claims 1-17 are presented for examination. Response to Arguments Applicant's arguments with respect to claims 1-17 have been considered but are moot in view of the new ground(s) of rejection. 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. 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 nonobviousness. Claims 1-12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2023/0403185 A1) in view of Kim et al. (US 2018/0324005 A1). Regarding claim 1, Cho teaches a communication method, applied to a first communication apparatus, wherein an operating frequency band of the first communication apparatus is between 30 gigahertz GHz and 300 GHz (frequency range see Cho: ¶[0020]), the method comprising: obtaining a second signal by performing, by the first communication apparatus, frequency domain spectrum shaping (FDSS) processing on a first signal (obtaining a frequency domain spectrum shaped vector a, Lx1 size (corresponding to second signal) after the frequency domain spectrum shaping unit 130 processing on PAM data symbol Mx1 d size see Cho: Fig.1 elements 110-130; ¶[0043-0048]), and sending, by the first communication apparatus, a target signal, wherein the target signal is a signal obtained based on the second signal (sending (N+Nc)x1 signal (corresponding to target signal), where (N+Nc)x1 signal based on Lx1 size signal “The signal generation unit 150 may include an N-point inverse DFT (IDFT) unit 151 and a cyclic prefix (CP) insertion unit 153” see Cho: Fig.1 elements 150-153). Cho does not explicitly teaches wherein the first signal is a signal obtained by performing polar encoding based on a modulation and coding scheme. However, Kim teaches the wherein the first signal is a signal obtained by performing polar encoding based on a modulation and coding scheme (modulation 3025 receive an input bit stream encoded through error correction encoder and scrambler (polar code) and generate complex symbols corresponding to a given modulation type see Fig.3; ¶[0049]; Fig.4 steps 405->410->415->420->425 ->440) in order to enhance mobile communication and a peak-to-average ratio (PAPR) to reducing a drive power a miniaturization of mobile devise and battery limitations (see Kim: ¶[0006]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of Cho to include (or to use, etc.) the wherein the first signal is a signal obtained by performing polar encoding based on a modulation and coding scheme as taught by Kim in order to enhance mobile communication and a peak-to-average ratio (PAPR) to reducing a drive power a miniaturization of mobile devise and battery limitations (see Kim: ¶[0006]). Regarding claim 2, the modified Cho taught the method according to claim 1 as described hereinabove. Cho further teaches wherein the obtaining the second signal by the performing, by the first communication apparatus, the FDSS processing on the first signal comprises: performing, by the first communication apparatus, discrete Fourier transform (DFT) processing on the first signal, to obtain a third signal; and performing, by the first communication apparatus, filtering processing on the third signal, to obtain the second signal (Pruned DFT 120 generate Lx1 c signal based on Mx1 signal and pruned signal on Lx1 c to generate Lx1 a signal see Cho: Fig.1 elements 110-130; ¶[0046]). Regarding claim 3, the modified Cho taught the method according to claim 2 as described hereinabove. Cho further teaches wherein the performing, by the first communication apparatus, the discrete Fourier transform (DFT) processing on the first signal, to obtain the third signal comprises performing processing based on a first DFT point quantity, and the target signal is a signal obtained by performing inverse discrete Fourier transform (IDFT) processing on the second signal based on a second DFT point quantity (The pruned DFT-spread unit 120 may spread the constellation-rotated symbol vector d by using a pruned DFT matrix WL,M to generate a pruned DFT-spread vector c and N-point IDFT 151 see Cho: ¶[0046]; Fig.1 element 120; ¶[0051]). Regarding claim 4, Cho teaches a communication apparatus, wherein an operating frequency band of the communication apparatus is between 30 GHz and 300 GHz (frequency range see Cho: ¶[0020]), and the apparatus comprises: a processor, configured to perform frequency domain spectrum shaping (FDSS) processing on a first signal, to obtain a second signal (corresponding to second signal) after the frequency domain spectrum shaping unit 130 processing on PAM data symbol Mx1 d size see Cho: Fig.1 elements 110-130; ¶[0043-0048]), and a transceiver, configured to send a target signal, wherein the target signal is a signal obtained based on the second signal (sending (N+Nc)x1 signal (corresponding to target signal), where (N+Nc)x1 signal based on Lx1 size signal “The signal generation unit 150 may include an N-point inverse DFT (IDFT) unit 151 and a cyclic prefix (CP) insertion unit 153” see Cho: Fig.1 elements 150-153). Cho does not explicitly teaches wherein the first signal is a signal obtained by performing polar encoding based on a modulation and coding scheme. However, Kim teaches the wherein the first signal is a signal obtained by performing polar encoding based on a modulation and coding scheme (modulation 3025 receive an input bit stream encoded through error correction encoder and scrambler (polar code) and generate complex symbols corresponding to a given modulation type see Fig.3; ¶[0049]; Fig.4 steps 405->410->415->420->425 ->440) in order to enhance mobile communication and a peak-to-average ratio (PAPR) to reducing a drive power a miniaturization of mobile devise and battery limitations (see Kim: ¶[0006]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of Cho to include (or to use, etc.) the wherein the first signal is a signal obtained by performing polar encoding based on a modulation and coding scheme as taught by Kim in order to enhance mobile communication and a peak-to-average ratio (PAPR) to reducing a drive power a miniaturization of mobile devise and battery limitations (see Kim: ¶[0006]). Regarding claim 5, claim 5 is rejected for the same reason as claim 2 as described hereinabove. Regarding claim 6, claim 6 is rejected for the same reason as claim 3 as described hereinabove. Regarding claim 7, Cho teaches a communication method, applied to a second communication apparatus, wherein an operating frequency band of the second communication apparatus is between 30 GHz and 300 GHz (frequency range see Cho: ¶[0020]), and the method comprises: obtaining, by the second communication apparatus, a target signal, wherein the target signal is used to determine a first signal (DFT-spread OFDM receiver 600 receiving (N+Nc)x1 signal at 610 and the (N+Nc)x1 signal is used to determine Mx1 signal see Cho: Fig.6 elements 610-660; ¶[0060-0067]); and performing, by the second communication apparatus, frequency domain spectrum shaping (FDSS) inverse processing on the first signal, to obtain a second signal (The frequency domain reception spectrum shaping unit 630 may the vector ã resulting from cutout of the part corresponding to the subcarrier in the allocated frequency range by a conjugate complex vector of the reception shaping vector s.sub.R to generate a frequency domain reception spectrum shaped vector to obtain Nx1 signal see Cho: Fig.6 element 630; ¶[0064]). Cho does not explicitly teaches wherein the second signal is used to perform polar decoding based on a modulation and coding scheme. However, Kim teaches wherein the second signal is used to perform polar decoding based on a modulation and coding scheme (modulation 3025 receive an input bit stream encoded through error correction encoder and scrambler (polar code) and generate complex symbols corresponding to a given modulation type and restore the received bit stream through demodulation and decoding of the baseband signal see Kim: Fig.3; ¶[0049]; Fig.4 steps 405->410->415->420->425 ->440; ¶[0043]) in order to enhance mobile communication and a peak-to-average ratio (PAPR) to reducing a drive power a miniaturization of mobile devise and battery limitations (see Kim: ¶[0006]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of Cho to include (or to use, etc.) the wherein the first signal is a signal obtained by performing polar encoding based on a modulation and coding scheme as taught by Kim in order to enhance mobile communication and a peak-to-average ratio (PAPR) to reducing a drive power a miniaturization of mobile devise and battery limitations (see Kim: ¶[0006]). Regarding claim 8, the modified Cho taught the method according to claim 7 as described hereinabove. Cho further teaches wherein the performing, by the second communication apparatus, the FDSS inverse processing on the first signal, to obtain theprocessing on the first signal, to obtain a third signal; and performing, by the second communication apparatus, IDFT processing on the Regarding claim 9, the modified Cho taught the method according to claim 7 as described hereinabove. Cho further teaches wherein the performing, by the second communication apparatus, the FDSS inverse processing on the first signal, to obtain the Regarding claim 10, claim 10 is rejected for the same reason as method of claim 3 as described hereinabove. Regarding claim 11, the modified Cho taught the method according to claim 3 as described hereinabove. Cho further teaches wherein a numerical ratio of the first DFT point quantity to the second DFT point quantity is 2 to 3 (ratio M to L and where 1≤i≤L, and 1≤j≤M. see Cho: ¶[0046-0047]; Fig.3). Regarding claim 12, the modified Cho taught the method according to claim 3 as described hereinabove. Cho further teaches wherein a numerical ratio of the first DFT point quantity to the second DFT point quantity is 4 to 5 (ratio M to L and where 1≤i≤L, and 1≤j≤M. see Cho: ¶[0046-0047]; Fig.3). Regarding claim 15, the modified Cho taught the method according to claim 1 as described hereinabove. Cho further teaches wherein a modulation manner of the modulation and coding scheme comprises at least 8-order quadrature amplitude modulation ( constellation rotation unit constellation-rotating a symbol vector b including M pulse amplitude modulation (PAM) symbols by a constellation rotation angle ϕ where M can be more than 8 see Cho: ¶[0008-0009]). Claims 13-14 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2023/0403185 A1) Kim et al. (US 2018/0324005 A1) and further in view of Grant et al. (WO 2008/046163 A1). Regarding claim 13, the modified Cho taught the method according to claim 1 as described hereinabove. The modified Cho does not explicitly teaches wherein a sampling rate of a baseband signal of the apparatus is a positive integer multiple of 30.72 megahertz MHz. However, Grant teaches the wherein a sampling rate of a baseband signal of the apparatus is a positive integer multiple of 30.72 megahertz MHz (oversamping factor L see Grant: Page 11 lines 20-24) in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of the modified Cho to include (or to use, etc.) the wherein a sampling rate of a baseband signal of the apparatus is a positive integer multiple of 30.72 megahertz MHz as taught by Grant in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). Regarding claim 14, the modified Cho taught the method according to claim 1 as described hereinabove. The modified Cho does not explicitly teaches wherein a code rate of the modulation and coding scheme comprises at least 15/16. However, Grant teaches the wherein a code rate of the modulation and coding scheme comprises at least 15/16 (All of the above embodiments include the use of an encoding method. It is to be understood that this includes the use of codes with code rates of 1 and high code rates see Page 27 lines 8-9; Page 59 Section 1.4.1) in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of the modified Cho to include (or to use, etc.) the wherein a code rate of the modulation and coding scheme comprises at least 15/16 as taught by Grant in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). Regarding claim 16, the modified Cho taught the method according to claim 1 as described hereinabove. The modified Cho does not explicitly teaches wherein a subcarrier spacing of the target signal is a positive integer multiple of 1.6 MHz or a positive integer multiple of 1.92 MHz. However, Grant teaches the wherein a subcarrier spacing of the target signal is a positive integer multiple of 1.6 MHz or a positive integer multiple of 1.92 MHz (The N subcarriers possess the frequencies /m, given by: /m = mΔ/, m = 0, l, . . . , iV - l (1.1) where Δ/ = fβ/N and /β denotes entire bandwidth. The subcarriers are made orthogonal to each other by carefully selecting the frequency spacing. In practical OFDM systems, the subcarrier spacing is usually kept small compared to the coherence bandwidth of the channel see Grant: Section 1.2.1) in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of the modified Cho to include (or to use, etc.) the wherein a subcarrier spacing of the target signal is a positive integer multiple of 1.6 MHz or a positive integer multiple of 1.92 MHz as taught by Grant in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). Regarding claim 17, the modified Cho taught the method according to claim 1 as described hereinabove. The modified Cho does not explicitly teaches wherein the target signal further comprises a cyclic prefix CP, and a time length of the CP comprises at least one of the following: 26.04 nanoseconds ns, 104.16 ns, 52.08 ns, and 208.32 ns. However, Grant teaches the wherein the target signal further comprises a cyclic prefix CP, and a time length of the CP comprises at least one of the following: 26.04 nanoseconds ns, 104.16 ns, 52.08 ns, and 208.32 ns (adding cyclic prefix to the time domain signal and time length just design preference see Page 38 lines 8-12) in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of the modified Cho to include (or to use, etc.) the wherein the target signal further comprises a cyclic prefix CP, and a time length of the CP comprises at least one of the following: 26.04 nanoseconds ns, 104.16 ns, 52.08 ns, and 208.32 ns as taught by Grant in order to reduce Peak to average power ratio in OFDM signals (see Grant: Page 1 lines 4-5). 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 GUANG W LI whose telephone number is (571)270-1897. The examiner can normally be reached Monday - Thursday 7AM-5PMET. 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, Joseph Avellino can be reached at (571) 272-3905. 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. GUANG W. LI Primary Examiner Art Unit 2478 June 23, 2026 /GUANG W LI/Primary Examiner, Art Unit 2478
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Prosecution Timeline

Sep 07, 2023
Application Filed
Dec 26, 2023
Response after Non-Final Action
Sep 10, 2025
Non-Final Rejection mailed — §103
Nov 25, 2025
Response Filed
Mar 10, 2026
Final Rejection mailed — §103
Jun 08, 2026
Response after Non-Final Action
Jun 26, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

4-5
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+24.0%)
3y 4m (~5m remaining)
Median Time to Grant
High
PTA Risk
Based on 647 resolved cases by this examiner. Grant probability derived from career allowance rate.

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