Prosecution Insights
Last updated: August 09, 2026
Application No. 18/486,283

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102§103
Filed
Oct 13, 2023
Priority
Apr 16, 2021 — CN 202110414165.3 +1 more
Examiner
WHITAKER, JUSTIN MICHAEL
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Non-Final)
80%
Grant Probability
Favorable
2-3
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
12 granted / 15 resolved
+22.0% vs TC avg
Strong +30% interview lift
Without
With
+30.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
29 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
72.4%
+32.4% vs TC avg
§102
14.8%
-25.2% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 15 resolved cases

Office Action

§102 §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 . Response to Amendment Applicant’s amendment filed on 03/13/2026 has been entered. Independent Claims 1, 7, and 14 have been amended. Dependent claims 5, 11, 13, 18, and 20 have been amended. Claims 2-3, 8-9, and 15-16 have been cancelled. Claims 21-26 are new and have been entered. Claims 1, 4-7, 10-14, and 17-26 are still pending in this application. Response to Arguments Applicant’s arguments/amendments with respect to Claim Objections have been considered and are persuasive. Therefore, the Objections are withdrawn. Applicant’s arguments filed on 03/13/2026 on pages 6-7 of applicant’s remark regarding Claim 1, 7, and 14 under 35 USC § 102. The applicant argues that Zhang is not analogous because step 1602 of Fig. 18 does not teach the second QCL information being based on the first and second received CSI-RS signals. However, the claim language does not have the specificity of the usage of the second QCL information, and the broadest, reasonable, interpretation can be for the status of the QCL information, which is the situation that Fig. 18, step 1602 is describing. Thus, the applicant here fails to patentably distinguish the claimed invention of wherein step 1602 of Fig. 18 measures the second QCL information based on the first and second received CSI-RS signals, from the teachings of Zhang. The applicant’s arguments have been fully considered, but are not persuasive. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (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. Claim(s) 1,4-7,10-14, 17-20, and 24-26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang (Pub.: No.: US 20230028356 A1, hereafter “Zhang”). Regarding Claim 1, Claim 7, and Claim 14 Zhang teaches the method and apparatus comprising receiving (Zhang Fig. 18: 1501) a first indication information (Zhang ¶0101: first CSI-RS), used to configure (Zhang Fig. 18: 1700, sweep algorithm) a first reference signal port (Zhang ¶0100-¶0101: sweeping strategy, e.g. Rx beam sweeping for communicating with antenna ports using the first and second CSI-RS signal including QCL information, see ¶0072-¶0072 for more information) and further used to configure a second reference signal port (Zhang Fig. 18: 1501, receive first CSI-RS and second CSI-RS signal), and the first indication information indicates first quasi co-location (QCL) information (Zhang Fig. 18: 1602, have available QCL information) of the first reference signal port (Zhang ¶0101: sweeping strategy) and further indicates a second QCL information (Zhang Fig. 18: 1501, receive first CSI-RS and second CSI-RS signal) of the second reference signal port (Zhang Fig. 18: 1501, second CSI-RS signal; Zhang teaches receiving a CSI-RS used to adjust the receiving port and contains QCL information and a second CSI-RS); and determining (Zhang Fig. 18: 1602) the first QCL information (Zhang Fig. 18: 1602, first CSE-RS signal has QCL information) based on the first indication information (Zhang ¶0101: first CSI-RS; Zhang teaches a determination based off of the first CSI-RS with the associated QCL information); and determining the second QCL information (Zhang Fig. 18: 1602) based on the first indication information (Zhang Fig. 18: 1602, e.g. checking the second CSI-RS for QCL information; Zhang teaches two QCL information being checked from two CSI-RS), wherein the first QCL information is different from the second QCL information (Zhang Fig. 18: 1602; Zhang teaches a situation where the first CSI-RS has QCL information, but the second CSI-RS does not) . Claim 7 differs by the following limitation, which is also taught by the prior art, Zhang teaches communication apparatus, comprising: at least one processor (Zhang Fig. 5: 512), and one or more memories (Zhang Fig. 5: 516) coupled to the at least one processor and storing programming instructions for execution by the at least one processor to perform operations comprising (Zhang ¶0047: implements part or all of the features described herein; Zhang teaches a processor coupled to memories): determining (Zhang ¶0066: measuring one or more reference signals) first indication information (Zhang ¶0066: CSI-RS signals; Zhang teaches a modem being used to measure for a CSI-RS), Claim 14 differs by the following limitation, which is also taught by the prior art, Zhang teaches communication apparatus, comprising: at least one processor (Zhang Fig. 3: 302), and one or more memories (Zhang Fig. 3: 306) coupled to the at least one processor and storing programming instructions for execution by the at least one processor to perform operations comprising (Zhang ¶0047: implements part or all of the features described herein; Zhang teaches a processor coupled to memories): Regarding Claim 4, Claim 10, and Claim 17 Zhang teaches the method and apparatus as explained above in Claim 1. Zhang further describes wherein the first QCL information comprises first-type QCL information (Zhang Fig. 18: 1501; Zhang teaches the QCL is within a CSI-RS). Regarding Claim 5, Claim 11, and Claim 18 Zhang teaches the method and apparatus as explained above in Claim 1. Zhang further describes wherein the first QCL information comprises a first-type QCL information (Zhang Fig. 18: 1501) and the second QCL information also comprises the first-type QCL information (Zhang Fig. 18: 1501; Zhang teaches the first and second CSI-RS contain QCL information). Regarding Claim 6, Claim 12, and Claim 19 Zhang teaches the method and apparatus as explained above in Claim 5. Zhang further describes wherein the first-type QCL information in the first QCL information is different from the first-type QCL information in the second QCL information (Zhang Fig. 18: 1602; Zhang teaches that the two CSI-RS can contain different amounts of information of QCL information). Regarding Claim 13 and Claim 20 Zhang teaches the method and apparatus as explained above in Claim 7. Zhang further describes wherein the first QCL information is determined by using QCL information of at least one first signal (Zhang Fig. 18: 1501), and the first signal comprises at least one of the following: a channel state information reference signal (CSI-RS) (Zhang Fig. 18: 1501, CSI-RS), a synchronization signal block (SSB) (Not given patentable weight due to non-selective option in the claim), or a demodulation reference signal (DMRS) (Not given patentable weight due to non-selective option in the claim; Zhang teaches the CSI-RS information contains a QCL). Regarding Claim 24, Claim 25, and Claim 26 Zhang teaches the method and apparatus as explained above in Claim 1. Zhang further describes wherein the first reference signal port (Zhang ¶0100-¶0101: sweeping strategy, e.g. Rx beam sweeping for communicating with antenna ports using the first and second CSI-RS signal including QCL information, see ¶0072-¶0073 for more information) and the second reference signal port (Zhang Fig. 18: 1501, receive first CSI-RS and second CSI-RS signal) respectively correspond to different reference signal port groups (Zhang ¶0073: a symbol on one antenna port is conveyed can be inferred from the channel over which a symbol on the other antenna port is conveyed; Zhang teaches where the CSI-RS1 and CSI-RS2 are matched to different antenna ports). 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(s) 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Name1 (Pub. No.: PUBNUMBER1, hereafter “Name1”) in view of Cirik (Pub. No.: US 20200351841 A1, hereafter “Cirik”). Regarding Claim 21, Claim 22, and Claim 23 Zhang teaches the method and apparatus as explained above in Claim 1. Zhang does not explicitly teach further comprising configuring the second reference signal port using the second QCL information. However, Cirik teaches further comprising configuring (Cirik ¶0415: receive DCI) the second reference signal port (Cirik ¶0415: DMRS port) using the second QCL information (Cirik ¶0415: second QCL type; Cirik teaches a wireless device receiving a DCI for scheduling, wherein it includes information for a second, different QCL type for the one or more second DMRS ports). It would have been obvious for one skilled in the art, before the effective filing date of the claimed invention, to modify Zhang by way of Cirik, to include an element that teaches a wireless device receiving a DCI for scheduling, wherein it includes information for a second, different QCL type for the one or more second DMRS ports, as taught by Zhang in ¶0415, to better improve communication systems by allowing dynamic allocation of port systems and reduce downtime for a user, thereby improving the quality of service. 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 JUSTIN MICHAEL WHITAKER whose telephone number is (703)756-4763. The examiner can normally be reached Monday - Thursday 7:30am - 4:00pm. 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, Jeffrey Rutkowski can be reached on (571) 270-1215. 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. /JUSTIN MICHAEL WHITAKER/Examiner, Art Unit 2415 /Sudesh M. Patidar/Primary Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Oct 13, 2023
Application Filed
Dec 01, 2023
Response after Non-Final Action
Dec 29, 2025
Non-Final Rejection mailed — §102, §103
Mar 13, 2026
Response Filed
May 13, 2026
Final Rejection mailed — §102, §103
Jul 21, 2026
Examiner Interview Summary
Jul 21, 2026
Applicant Interview (Telephonic)
Jul 23, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+30.0%)
3y 2m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 15 resolved cases by this examiner. Grant probability derived from career allowance rate.

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