Prosecution Insights
Last updated: April 19, 2026
Application No. 18/477,074

COMMUNICATION METHOD AND DEVICE

Non-Final OA §102§103§112
Filed
Sep 28, 2023
Examiner
NGUYEN, ANH NGOC M
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
700 granted / 778 resolved
+32.0% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
26 currently pending
Career history
804
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 778 resolved cases

Office Action

§102 §103 §112
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 . Response to Amendment Applicants elect claims 1 – 8 and 11 – 20 dated 12/29/2025 without traverse is acknowledged. Claims 9 and 10 are withdrawn. Claims 1 – 8 and 11 – 20 are pending. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 19 and 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 19 and 20 fail to point out what the symbol of “SCTP” represents in the claims. 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 – Claims 1, 2, 4 – 7, 11, 12, 14, 15, 18 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lagrange et al. (Pub. No.: US 2024/0056940; hereinafter Lagrange). Regarding claim 1, Lagrange discloses a communication apparatus, which is a first donor node or included in the first donor node (see Fig. 1, IAB-donor 120), wherein the communication apparatus comprises: memory, configured to store a computer program; and a processor, coupled to the memory, wherein the processor is configured to execute the computer program stored in the memory, to cause the processor (see Fig. 11, para. 0393 – 0406, communication device 1100 includes a central processing unit 1111 coupled to memory 1107 for storing computer programs to be executed…) to perform operations, comprising: generating a first data packet, wherein the first data packet includes first information, and the first information indicates a network segment to which a destination node of the first data packet belongs (see para. 0120, upper layer packets are encapsulated by the BAP sublayer at the IAB-donor DU, thus forming BAP packets or data units…, Fig. 3, format of a BAP data protocol data unit (PDU) or packet, para. 0126, field 306 carries a path ID identifying the routing BAP path the BAP packet should follow to this destination in the IAB topology), or the first information indicates whether a destination node of the first data packet belongs to a network segment controlled by the first donor node; and sending the first data packet to a first node (see Fig. 1, IAB-donor communicates to IAB station 121). Regarding claim 2, Lagrange discloses wherein the first information is carried in a routing identifier that is in a backhaul adaptation protocol layer (BAP) layer packet header of the first data packet (see Fig. 3, para. 0124, Fields 305 and 306 indicate together the BAP routing ID for the BAP packet and field 306 carries a path ID). Regarding claim 4, Lagrange discloses wherein the first information is located in a first area of a header of the first data packet, the first data packet further includes second information, and the second information indicates that the first data packet comprises the first information (see Fig. 3, the header 30 includes field 306 which carries path ID (ex: first information), para. 0124, BAP path identity field 306, also referred to as PATH field, is located in the rightmost 10 bits). Regarding claim 5, Lagrange discloses wherein the processor is further configured to perform operations including: sending routing configuration to the first node, wherein the routing configuration includes information about the first donor node to which the destination node of the first data packet belongs or information about the network segment to which the destination node of the first data packet belongs (see para. 0143 – 0145, The BAP routing configuration of the IAB-node comprises various routing tables, four of which are shown in FIG. 5… Field 501 defines a BAP Routing ID (concatenation of the PATH and DESTINATION fields mentioned above) while field 502 specifies the next-hop BAP Address, i.e. the BAP address of the next IAB-node along the path corresponding to the Routing ID 501). Regarding claim 6, Lagrange discloses wherein the first information includes an identifier of the first donor node to which the destination node of the first data packet belongs, or an identifier of the network segment to which the destination node of the first data packet belongs (see para. 0126, field 306 carries a path ID identifying the routing BAP path the BAP packet should follow to this destination in the IAB topology). Regarding claim 7, Lagrange discloses wherein the first data packet is generated based on a second data packet, and the processor is further configured to perform operations including: receiving the second data packet, wherein the second data packet includes internet protocol (IP) header information (see Fig. 2, para. 0120, upper layer packets (including IP layer packets with header info) are encapsulated by the BAP sublayer at the IAB-donor DU, thus forming BAP packets or data units); and generating the routing identifier based on the IP header information (see Fig. 3, para. 0120, 0124, format of a BAP data unit with fields 305 and 306 indicate together the BAP routing ID). Regarding claim 11, Lagrange discloses a communication apparatus, which is a first node or included in the first node (see Fig. 1, IAB station 121), wherein the communication apparatus comprises: memory, configured to store a computer program; and a processor, coupled to the memory, wherein the processor is configured to execute the computer program stored in the memory, to cause the processor (see Fig. 11, para. 0393 – 0406, communication device 1100 includes a central processing unit 1111 coupled to memory 1107 for storing computer programs to be executed…) to perform operations, including: generating a first data packet, wherein the first data packet includes first information, and the first information indicates a destination node of the first data packet, or the first information indicates a network segment to which a destination node of the first data packet belongs (see para. 0121, upper layer packets are encapsulated by the BAP sublayer at an initiator IAB-node (which may be an access IAB-node should the upper layer packets come from a UE), thus forming BAP packets or data units, Fig. 3, format of a BAP data protocol data unit (PDU) or packet, para. 0126, field 306 carries a path ID identifying the routing BAP path the BAP packet should follow to this destination in the IAB topology), or the first information indicates whether a destination node of the first data packet belongs to a network segment to which the first node belongs; and sending the first data packet to a second node (see Fig. 1, IAB station 121 communicates to IAB station 122). Regarding claim 12, Lagrange discloses wherein the first information is carried in a routing identifier that is in a backhaul adaptation protocol layer (BAP) layer packet header of the first data packet (see Fig. 3, para. 0124, Fields 305 and 306 indicate together the BAP routing ID for the BAP packet and field 306 carries a path ID). Regarding claim 14, Lagrange discloses wherein the first information is located in a first area of a header of the first data packet, the first data packet further includes second information, and the second information indicates that the first data packet includes the first information (see Fig. 3, the header 30 includes field 306 which carries path ID (ex: first information), para. 0124, BAP path identity field 306, also referred to as PATH field, is located in the rightmost 10 bits). Regarding claim 15, Lagrange discloses wherein the first information includes an identifier of the destination node of the first data packet, or an identifier of the network segment to which the destination node of the first data packet belongs (see para. 0126, field 306 carries a path ID identifying the routing BAP path the BAP packet should follow to this destination in the IAB topology). Regarding claim 18, Lagrange discloses wherein the first data packet is generated based on a second data packet, wherein the processor is further configured to perform operations including: obtaining the second data packet; and generating the routing identifier based on one or more of a control plane F1 message type, a stream control transmission protocol (SCTP) association identifier, a terminal device identifier, an SCTP stream identifier, a non-F1 interface traffic type, and internet protocol (IP) header information that correspond to the second data packet (see Fig. 2, para. 0120, upper layer packets (including IP layer packets with header info) are encapsulated by the BAP sublayer at the IAB-donor DU, thus forming BAP packets or data units, Fig. 3, para. 0120, 0124, format of a BAP data unit with fields 305 and 306 indicate together the BAP routing ID). Regarding claim 19, Lagrange discloses wherein the first data packet is generated based on a second data packet, wherein the processor is further configured to perform operations including: obtaining the second data packet; and generating the first information based on one or more of a control plane F1 message type, an SCTP association identifier, a terminal device identifier, an SCTP stream identifier, a non-F1 interface traffic type, and internet protocol (IP) header information that correspond to the second data packet (see Fig. 2, para. 0120, upper layer packets (including IP layer packets with header info) are encapsulated by the BAP sublayer at the IAB-donor DU, thus forming BAP packets or data units, Fig. 3, para. 0120, 0124, format of a BAP data unit including field 306 for carrying a path ID (ex: first information)). Claim Rejections - 35 USC § 103 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 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 3, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lagrange et al. (Pub. No.: US 2024/0056940; hereinafter Lagrange) in view of Ghanbarinejad et al. (Pub. No.: US 2023/0171745; hereinafter Ghanbarinejad). Lagrange does not disclose the claimed features as recited in claims 3 and 13. Regarding claim 3, Ghanbarinejad discloses wherein the first information is carried in a reserved bit that is in a backhaul adaptation protocol layer (BAP) layer packet header of the first data packet (see Fig. 7, para. 0123, 0125, a BAP control PDU format 700 includes three separate reserved “R” bits that may be used to carry the first information). Regarding claim 13, Ghanbarinejad discloses wherein the first information is carried in a reserved bit that is in a backhaul adaptation protocol layer (BAP) layer packet header of the first data packet (see Fig. 7, para. 0123, 0125, a BAP control PDU format 700 includes three separate reserved “R” bits that may be used to carry the first information). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Lagrange, and have the features, as taught by Ghanbarinejad, where enhanced reliability through DC may facilitate better QoS by reducing connection interruptions and providing seamless connectivity in dynamic environments, as discussed by Ghanbarinejad (para. 0076). Regarding claim 8, Lagrange discloses wherein the first data packet is generated based on a second data packet, wherein the processor is further configured to perform operations including: receiving the second data packet, wherein the second data packet includes internet protocol (IP) header information (see Fig. 2, para. 0120, upper layer packets (including IP layer packets with header info) are encapsulated by the BAP sublayer at the IAB-donor DU, thus forming BAP packets or data units); and generating the first information based on the IP header information (see Fig. 3, para. 0120, 0124, format of a BAP data unit including field 306 for carrying a path ID (ex: first information)). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lagrange et al. (Pub. No.: US 2024/0056940; hereinafter Lagrange) in view of Dutta (Pub. No.: US 2022/0116319; hereinafter Dutta). Lagrange does not disclose the claimed features as recited in claim 20. Regarding claim 20, Dutta discloses wherein the SCTP association identifier is based on one or more of an IP address of the first node, a port number of the first node (see para. 0184, a SCTP packet includes a Source Port field and a Destination Port field… The Source Port is the port number of the sender which is used by the receiver in combination with the source IP address to identify the SCTP association to which this SCTP packet belongs), an IP address of a donor node of the first node, and a port number of the donor node of the first node. It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Lagrange, and have the features, as taught by Dutta, in order to support reliability of an overlay may be configured to support reliable delivery of overlay packets based on a reliable transport layer, as discussed by Dutta (para. 0079). Allowable Subject Matter Claims 16 and 17 are 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 Anh Ngoc M Nguyen whose telephone number is (571) 270-5139. The examiner can normally be reached on Monday to Friday, from 7:30 am to 4:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang Bin Yao can be reached on ((571) 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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 . 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. /ANH NGOC M NGUYEN/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Sep 28, 2023
Application Filed
Feb 18, 2026
Non-Final Rejection — §102, §103, §112 (current)

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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
90%
Grant Probability
99%
With Interview (+8.6%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 778 resolved cases by this examiner. Grant probability derived from career allow rate.

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