Office Action Predictor
Last updated: April 15, 2026
Application No. 18/492,805

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Oct 24, 2023
Examiner
TANG, KIET G
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., LTD.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
708 granted / 787 resolved
+32.0% vs TC avg
Strong +42% interview lift
Without
With
+41.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
34 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 787 resolved cases

Office Action

§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 . Claims 1-20 are pending. Title Objection 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. The following title is suggested: INITIAL UPLINK BANDWIDTH PART FOR COMMUNICATION METHOD AND APPARATUS. Claim Objections Claims 1-10 are objected to because of the following informalities: Claim 1 is missing a period “.” at the end of the claim. Claims 2-10 are depending on claim 1 and therefore they are also objected. 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 of this title, 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 3, 5-6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO (Pub. No.: US 20220264673 A1), hereinafter ZHAO, in view of ZHOU et al. (Pub. No.: US 20210377812 A1), hereinafter ZHOU. With respect to claim 1, ZHAO teaches A communication method, comprising: sending configuration information of a first initial uplink bandwidth part (BWP) to a first terminal device of a first type ([0048, 0052-0055], base station sends configuration information of a first initial uplink bandwidth part (i.e. first direct connection communication BWP/BWP1) to a first terminal device of a first type (i.e. first device type); [0103], the first device type uses BWP1 to send data); sending configuration information of a second initial uplink BWP to a second terminal device of a second type different from the first type ([0049, 0052-0055], base station sends configuration information of a second initial uplink BWP (i.e. second direct connection communication BWP/BWP2) to a second terminal device of a second type (i.e. second device type) different from the first type; [0103], the second device type uses BWP2 to send data); and wherein a first frequency domain resource of the first initial uplink BWP and is used by the first terminal device for third message (Msg3) transmission (fig. 6, [0066, 0068], a first frequency domain resource ( i.e. lower subcarrier spacing and narrower bandwidth) of the BWP1 and is used by the device 1 for third message (Msg3) transmission ( i.e. synchronization signals, discovery signal, or control signal)), wherein a second frequency domain resource of the second initial uplink BWP and is used by the second terminal device for Msg3 transmission (fig. 6, [0066, 0068], a second frequency domain resource ( i.e. higher subcarrier spacing and wider bandwidth) of the BWP2 and is used by the device 2 for third message (Msg3) transmission ( i.e. synchronization signals, discovery signal, or control signal)). ZHAO does not explicitly teach sending first information to at least one of the first terminal device or the second terminal device, and indicated by the first information is in a frequency domain range. However, ZHOU teaches sending first information to at least one of the first terminal device ([0078], base station sends information (i.e. identifier) to the terminal), and indicated by the first information is in a frequency domain range ([0078],the information (i.e. identifier) indicates a frequency range of the BWP). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, sending first information to at least one of the first terminal device or the second terminal device, and indicated by the first information is in a frequency domain range, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). With respect to claim 3, the combination of ZHAO and ZHOU teaches the method of claim 1. ZHAO teaches receiving a first Msg3 from the first terminal device on the first frequency domain resource (fig. 6, [0066, 0068]). ZHAO does not explicitly teach after sending the first information to the first terminal device. However, ZHOU teaches sending first information to at least one of the first terminal device ([0078]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, sending first information to at least one of the first terminal device, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). With respect to claim 5, the combination of ZHAO and ZHOU teaches the method of claim 1. ZHAO teaches wherein a frequency domain range of the first frequency domain resource is the same as a frequency domain range of the second frequency domain resource ([0080]). With respect to claim 6, the combination of ZHAO and ZHOU teaches the method of claim 1. ZHAO teaches wherein a start location of the first initial uplink BWP is the same as a start location of the second initial uplink BWP ([0080]). With respect to claim 8, the combination of ZHAO and ZHOU teaches the method of claim 1. ZHAO teaches wherein a frequency domain range of the first frequency domain resource is different from a frequency domain range of the second frequency domain resource ([0080]). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over ZHAO, in view of ZHOU, and further in view of Li et al. (Pub. No.: US 20190306861 A1), hereinafter Li. With respect to claim 2, the combination of ZHAO and ZHOU teaches the method of claim 1. ZHAO does not explicitly teach the first information. However, ZHOU teaches the first information ([0078]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, the first information, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO and ZHOU does not explicitly teach a resource indication value (RIV) of a frequency domain resource. However, Li teaches a resource indication value (RIV) of a frequency domain resource ([0052]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Li, the first information, into the teachings of ZHAO and ZHOU, in order to improve the transmission and/or reception of data in wireless communication networks (Li, [0002]). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over ZHAO, in view of ZHOU, and further in view of Ma et al. (Pub. No.: US 20210410122 A1), hereinafter Ma. With respect to claim 4, the combination of ZHAO and ZHOU teaches the method of claim 1. ZHAO teaches for the first terminal device ([0048, 0052-0055]), of the first frequency domain resource and the second initial uplink BWP transmission (fig. 6, [0066, 0068]). ZHAO does not explicitly teach determining the first information. However, ZHOU teaches determining the first information ([0078]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, determining the first information, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO and ZHOU does not explicitly teach based on a start location and a length. However, Ma teaches based on a start location and a length ([00523). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Li, based on a start location and a length, into the teachings of ZHAO and ZHOU, in order to communicate of slot offset information prior to communicating downlink control information, resulting in high-performance wireless transmissions (Li, [0001-0002]). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over ZHAO, in view of ZHOU, and further in view of Sun et al. (Pub. No.: US 20220264589 A1), hereinafter Sun. With respect to claim 10, the combination of ZHAO and ZHOU teaches the method of claim 1. ZHAO does not explicitly teach the first information. However, ZHOU teaches the first information ([0078]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, the first information, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO and ZHOU does not explicitly teach is carried in a downlink control information (DCI) scrambled by using a temporary cell radio network temporary identifier (TC-RNTI). However, Sun is carried in a downlink control information (DCI) scrambled by using a temporary cell radio network temporary identifier (TC-RNTI) ([0204]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Sun, is carried in a downlink control information (DCI) scrambled by using a temporary cell radio network temporary identifier (TC-RNTI), into the teachings of ZHAO and ZHOU, in order for a device to report information, receive messages, and transmit data (Sun, [0002]). Claims 11-12 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO, in view of ZHOU, and further in view of Tang et al. (Pub. No.: US 20180192439 A1), hereinafter Tang. With respect to claim 11, ZHAO teaches A communication method, applicable to a first terminal device or a chip in the first terminal device ([0048, 0052-0055], first device type), and the method comprising: receiving configuration information of a first initial uplink bandwidth part (BWP) of the first terminal device from a network device type ([0048, 0052-0055], first device type receives configuration information of a first initial uplink BWP (i.e. first direct connection communication BWP/BWP1) of the first terminal device (i.e. first device type) from a network device type (i.e. base station)); a first frequency domain resource for sending a third message (Msg3) (fig. 6, [0066, 0068], a first frequency domain resource ( i.e. lower subcarrier spacing and narrower bandwidth) of the BWP1 and is used by the device 1 for third message (Msg3) transmission ( i.e. synchronization signals, discovery signal, or control signal)), wherein the first frequency domain resource is in a frequency of the first initial uplink BWP (fig. 6, [0066, 0068], the first frequency domain resource ( i.e. lower subcarrier spacing and narrower bandwidth) is in a subcarrier spacing and bandwidth of the BWP1); and determining a second initial uplink BWP of a second terminal device ([0049, 0052-0055], determining a second initial uplink BWP (i.e. second direct connection communication BWP/BWP2) of a second terminal device (i.e. second device type)). Although ZHAO teaches a first frequency domain resource for sending a third message (Msg3), and the first initial uplink BWP as set forth above. ZHAO does not explicitly teach receiving first information from the network device, and determining the first frequency domain resource based on the first information, wherein the first frequency domain resource is in a frequency domain range of the first initial uplink BWP. However, ZHOU teaches receiving first information from the network device ([0078], terminal receives first information (i.e. identifier) from the network device), and determining the first frequency domain resource based on the first information ([0078], the first frequency domain resource (i.e. frequency range) based on the first information (i.e. identifier)), wherein the first frequency domain resource is in a frequency domain range of the BWP ([0078], the first frequency domain resource (i.e. identifier) is in a frequency domain range (i.e. frequency range) of the BWP). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, receiving first information from the network device, and determining the first frequency domain resource based on the first information, wherein the first frequency domain resource is in a frequency domain range of the first initial uplink BWP, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO and ZHOU does not explicitly teach in a random access procedure. However, Tang teaches in a random access procedure ([0173], sending the msg3 in a random access procedure). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Tang, in a random access procedure, into the teachings of ZHAO and ZHOU, in order to improve a capability of detecting msg3-s sent by a plurality of UEs on a same time-frequency resource, and further improves a random access success rate (Tang, [0217]). With respect to claim 12, the combination of ZHAO, ZHOU, and Tang teaches the method of claim 11. ZHAO teaches wherein the first frequency domain resource is in a frequency domain range of the second initial uplink BWP ([0080]). With respect to claim 17, ZHAO teaches An apparatus ([0048, 0052-0055], first device type), comprising: one or more processors ([0008], processor); and one or more non-transitory memories coupled to the one or more processors and storing programming instructions that, when executed by the one or more processors ([0008], a memory for storing instructions executable by the processor), cause the apparatus to perform: receiving configuration information of a first initial uplink bandwidth part (BWP) of the first terminal device from a network device type ([0048, 0052-0055], first device type receives configuration information of a first initial uplink BWP (i.e. first direct connection communication BWP/BWP1) of the first terminal device (i.e. first device type) from a network device type (i.e. base station)); a first frequency domain resource for sending a third message (Msg3) (fig. 6, [0066, 0068], a first frequency domain resource ( i.e. lower subcarrier spacing and narrower bandwidth) of the BWP1 and is used by the device 1 for third message (Msg3) transmission ( i.e. synchronization signals, discovery signal, or control signal)), wherein the first frequency domain resource is in a frequency of the first initial uplink BWP (fig. 6, [0066, 0068], the first frequency domain resource ( i.e. lower subcarrier spacing and narrower bandwidth) is in a subcarrier spacing and bandwidth of the BWP1); and determining a second initial uplink BWP of a second terminal device ([0049, 0052-0055], determining a second initial uplink BWP (i.e. second direct connection communication BWP/BWP2) of a second terminal device (i.e. second device type)). Although ZHAO teaches a first frequency domain resource for sending a third message (Msg3), and the first initial uplink BWP as set forth above. ZHAO does not explicitly teach receiving first information from the network device, and determining the first frequency domain resource based on the first information, wherein the first frequency domain resource is in a frequency domain range of the first initial uplink BWP. However, ZHOU teaches receiving first information from the network device ([0078], terminal receives first information (i.e. identifier) from the network device), and determining the first frequency domain resource based on the first information ([0078], the first frequency domain resource (i.e. frequency range) based on the first information (i.e. identifier)), wherein the first frequency domain resource is in a frequency domain range of the BWP ([0078], the first frequency domain resource (i.e. identifier) is in a frequency domain range (i.e. frequency range) of the BWP). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, receiving first information from the network device, and determining the first frequency domain resource based on the first information, wherein the first frequency domain resource is in a frequency domain range of the first initial uplink BWP, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO and ZHOU does not explicitly teach in a random access procedure. However, Tang teaches in a random access procedure ([0173], sending the msg3 in a random access procedure). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Tang, in a random access procedure, into the teachings of ZHAO and ZHOU, in order to improve a capability of detecting msg3-s sent by a plurality of UEs on a same time-frequency resource, and further improves a random access success rate (Tang, [0217]). With respect to claim 18, this claim recites the method of claim 12, and it is rejected for at least the same reasons. Claims 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO, in view of ZHOU, in view of Tang, and further in view of Ma. With respect to claim 13, the combination of ZHAO, ZHOU, and Tang teaches the method of claim 11. ZHAO teaches of the first frequency domain resource (fig. 6, [0066, 0068]) and a size of the second initial uplink BWP ([0049, 0052-0055]). ZHAO does not explicitly teach based on the first information. However, ZHOU teaches the first information ([0078]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, based on the first information, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO, ZHOU, and Tang does not explicitly teach determining a start location and a length. However, Ma teaches determining a start location and a length ([00523). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Li, determining a start location and a length, into the teachings of ZHAO, ZHOU, and Tang, in order to communicate of slot offset information prior to communicating downlink control information, resulting in high-performance wireless transmissions (Li, [0001-0002]). With respect to claim 19, this claim recites the method of claim 13, and it is rejected for at least the same reasons. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over ZHAO, in view of ZHOU, in view of Tang, and further in view of Li. With respect to claim 15, the combination of ZHAO, ZHOU, and Tang teaches the method of claim 11. ZHAO does not explicitly teach the first information. However, ZHOU teaches the first information ([0078]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, the first information, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO, ZHOU, and Tang does not explicitly teach a resource indication value (RIV) of a frequency domain resource. However, Li teaches a resource indication value (RIV) of a frequency domain resource ([0052]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Li, the first information, into the teachings of ZHAO, ZHOU, and Tang, in order to improve the transmission and/or reception of data in wireless communication networks (Li, [0002]). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over ZHAO, in view of ZHOU, in view of Tang, and further in view of Sun. With respect to claim 16, the combination of ZHAO, ZHOU, and Tang teaches the method of claim 11. ZHAO does not explicitly teach the first information. However, ZHOU teaches the first information ([0078]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of ZHOU, the first information, into the teachings of ZHAO, in order for the terminal to acquire control information from the base station, leading to low possibility of getting offline by the terminal (ZHOU, [0062]). The combination of ZHAO, ZHOU, and Tang does not explicitly teach is carried in a downlink control information (DCI) scrambled by using a temporary cell radio network temporary identifier (TC-RNTI). However, Sun is carried in a downlink control information (DCI) scrambled by using a temporary cell radio network temporary identifier (TC-RNTI) ([0204]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Sun, is carried in a downlink control information (DCI) scrambled by using a temporary cell radio network temporary identifier (TC-RNTI), into the teachings of ZHAO, ZHOU, and Tang, in order for a device to report information, receive messages, and transmit data (Sun, [0002]). Allowable Subject Matter Claims 7, 9, 14 and 20 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pub. No.: US 20200280984 A1; “Yi”, ([0078]) Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TANG whose telephone number is (571)270-7193. The examiner can normally be reached on M-F 8:00-5:00. 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, IAN MOORE can be reached on (571) 272-3085. 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. /KIET TANG/ Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Oct 24, 2023
Application Filed
Jan 01, 2026
Non-Final Rejection — §103
Apr 02, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12596167
UE POSITIONING SIGNAL TRANSMISSION DURING UNCONNECTED OR INACTIVE STATE
2y 5m to grant Granted Apr 07, 2026
Patent 12598617
SCHEDULING METHOD, SCHEDULING SYSTEM, AND SCHEDULING APPARATUS
2y 5m to grant Granted Apr 07, 2026
Patent 12581353
UTILIZATION OF VIRTUALIZED DISTRIBUTED UNITS AT CELL SITES
2y 5m to grant Granted Mar 17, 2026
Patent 12574942
METHOD, DEVICE AND COMPUTER READABLE MEDIUM FOR PHYSICAL UPLINK SHARED CHANNEL REPETITION
2y 5m to grant Granted Mar 10, 2026
Patent 12556320
METHOD FOR FEEDING BACK HYBRID AUTOMATIC REPEAT REQUEST ACKNOWLEDGEMENT (HARQ-ACK) AND TERMINAL DEVICE
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+41.6%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 787 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in for Full Analysis

Enter your email to receive a magic link. No password needed.

Free tier: 3 strategy analyses per month