Prosecution Insights
Last updated: April 19, 2026
Application No. 18/473,519

COMMUNICATIONS METHOD, COMMUNICATIONS APPARATUS, COMPUTER-READABLE STORAGE MEDIUM, AND CHIP

Non-Final OA §102§103
Filed
Sep 25, 2023
Examiner
HAN, CLEMENCE S
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
96%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1004 granted / 1107 resolved
+32.7% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
34 currently pending
Career history
1141
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
34.2%
-5.8% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1107 resolved cases

Office Action

§102 §103
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 . Claim Objections Claims 4, 10 and 17 are objected to because of the following informalities: “modulation and coding scheme MCS” should be replaced with “modulation and coding scheme (MCS)”. Appropriate correction is required. Claims 6, 12 and 19 are objected to because of the following informalities: “radio resource control RRC message” should be replaced with “radio resource control (RRC) message”. Appropriate correction is required. 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)(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 1-3, 6-9, 12, 14-16 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US Pub. 2022/0232605). Regarding claims 1, 7 and 14, Kim teaches a communications method, comprising: sending, by a terminal device, recommendation information to a network device, wherein the recommendation information indicates a recommendation of the terminal device for performing uplink scheduling by the network device (see “UAI for UL Scheduling” in step 615 in Figure 6); and receiving, by the terminal device, a configuration parameter of uplink scheduling from the network device (see “UL Grant” in step 635 in Figure 6). Regarding claims 2, 8 and 15, Kim teaches he sending the recommendation information includes sending the following for uplink grant-free scheduling (“configured grant” in [0085]): periodicity information or time domain offset information (“the UAI may indicate one or more of a periodicity of uplink traffic, an offset between uplink traffic and a packet arrival” in [0085]). Regarding claims 3, 9 and 16, Kim teaches the sending the recommendation information includes sending the following for uplink grant-based scheduling: periodicity information of physical downlink control channel (PDCCH) monitoring (“Periodicity” 530 in Figure 5) or time domain offset information of PDCCH monitoring (“Time Offset” 510 in Figure 5). Regarding claims 6, 12 and 19, Kim teaches the sending the recommendation information further includes: sending, by the terminal device, a radio resource control RRC message to the network device, wherein the RRC message includes the recommendation information, and the RRC message is one of the following messages: an RRC connection resume complete message, an RRC connection setup complete message, an RRC connection reconfiguration complete message, and an RRC recommendation message (“sending the UAI to the serving base station (e.g., in uplink control information (UCI), in RRC signaling (e.g., in an information element for UAI)” in [0091]). 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 4, 5, 10, 11, 13, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. in view of Lei et al. (US Pub. 2021/0337511). Regarding claims 4, 10 and 17, Kim teaches the limitations in claims 1, 7 and 14 as shown above. Kim, however, does not teach the sending the recommendation information including sending the following for uplink transmission: a number of repetitions, a modulation and coding scheme MCS, or spectral efficiency of an MCS. Lei teaches the sending the recommendation information including sending the following for uplink transmission: a number of repetitions, a modulation and coding scheme MCS, or spectral efficiency of an MCS (“the enhanced UAI 512 may include an indication of the UE preferred bandwidth, modulation and coding scheme (MCS)” in [0086]). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Kim to have the sending the recommendation information including sending the following for uplink transmission: a number of repetitions, a modulation and coding scheme MCS, or spectral efficiency of an MCS as taught by Lei in order to satisfy latency requirements [0086]. Regarding claims 5, 11 and 18, Lei teaches the sending the recommendation information further includes sending: validity time information, probability information, target information, or reward feedback information (“the enhanced UAI indicating a BWP for the target cell” in [0111]). Regarding claim 13, Lei teaches the determining the configuration parameter includes: determining, by the network device, the configuration parameter based on the recommendation information (“the enhanced UAI transmission indicates a preferred BWP” in [0107]) and a load status of the network device (“the BWPs may be configured for load balancing or for a reduced UE capability” in [0076]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLEMENCE S HAN whose telephone number is (571)272-3158. The examiner can normally be reached Monday-Friday 8AM-5PM EST. 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, Edan Orgad can be reached at (571)272-7884. 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. /CLEMENCE S HAN/Primary Examiner, Art Unit 2414
Read full office action

Prosecution Timeline

Sep 25, 2023
Application Filed
Oct 17, 2023
Response after Non-Final Action
Nov 01, 2025
Non-Final Rejection — §102, §103
Feb 04, 2026
Response after Non-Final Action
Feb 04, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

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COMMUNICATION DEVICE AND COMMUNICATION METHOD
2y 5m to grant Granted Apr 14, 2026
Patent 12593340
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Patent 12581388
DYNAMIC PATH SELECTION TECHNIQUES FOR WIRELESS CONNECTIVITY
2y 5m to grant Granted Mar 17, 2026
Patent 12574148
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2y 5m to grant Granted Mar 10, 2026
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
91%
Grant Probability
96%
With Interview (+5.3%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1107 resolved cases by this examiner. Grant probability derived from career allow rate.

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