Prosecution Insights
Last updated: July 17, 2026
Application No. 18/495,867

ENERGY SAVING METHOD AND APPARATUS

Final Rejection §102§103
Filed
Oct 27, 2023
Priority
Apr 30, 2021 — CN 202110485078.7 +1 more
Examiner
WELTE, BENJAMIN PETER
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
27 granted / 40 resolved
+9.5% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
90
Total Applications
across all art units

Statute-Specific Performance

§103
98.9%
+58.9% vs TC avg
§102
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 40 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The amendment submitted on 03/09/2026 has been received and considered by the Examiner. Claims 1, 8, and 15 were amended, claims 2 and 9 were cancelled, and claims 20-22 were newly added. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 3-8, and 10-22 have been considered, but although the amendments to the independent claims introduce subject matter not taught by the prior art of record, Wu et al., the claimed invention does not need to include “the scenario type tag” which “indicates energy saving first” or “capacity first” because these elements are part of a larger list of features, and the claimed invention only requires “at least one” feature from this list. The Applicant’s arguments on pages 10-11 of their remarks attempting to differentiate the claimed invention from Huang et al. are therefore moot because they relate to optional features that the claims do not strictly require. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 3-8, and 11-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al. (US 2023/0089513 A1, hereinafter “Wu”). As to Claim 1, 8, and 15: Wu describes a method for using a machine learning model to control cellular loads in a telecommunications network to achieve power savings. Specifically, Wu teaches: Obtaining first data from a first network device and/or a second network device Wu describes a “power saving function” for a network where “each connected cell collects information from UEs attached thereto” and “each connected cell compiles network state information and reports to the power saving function” (Wu, 0012, 0014, 0016). Determining an energy saving policy based on the first data Wu teaches that “the power saving function” accounts for the “operational load” of each cell (Wu, 0018). Outputting the energy saving policy Wu teaches that “the power saving function sends cell load control information” to “each cell” (Wu, 0018). And from the list of: The energy saving policy indicates at least one of the following: A scenario type tag of the second network device or a cell of the second network device; An energy saving operation performed by the second network device or the cell of the second network device; Time information of the energy saving operation performed by the second network device or the cell of the second network device; A corresponding operation of the first network device performed during execution of the energy saving operation by the second network device or the cell of the second network device; Time information of the corresponding operation performed by the first network device; or A condition that the second network device or the cell of the second network device needs to satisfy to execute the energy saving policy Wu at least teaches: The energy saving policy indicates ... An energy saving operation performed by the second device or the cell of the second device The “cell load control information” in Wu specifies an “amount of available radio resources” that should be “activated” by “each cell”, which amounts to “[a]n energy saving operation performed by ... the cell of the second device” (Wu, 0018). And: The energy saving policy indicates ... A corresponding operation of the first network device performed during execution of the energy saving operation by the second network device or the cell of the second network device; Wu teaches that “the power saving function sends cell load control information to each connected cell to adjust its load and corresponding power consumption” (Wu, 0017). Here, “adjust its load and corresponding power consumption” for a “cell” other than the “cell of the second device” corresponds to “a corresponding operation of the first network device performed during execution of the energy saving operation by ... the cell of the second network device”. The first network device and/or the second network device can perform a corresponding energy saving operation based on the indication of the energy saving policy Wu teaches that “the power saving function sends cell load control information to each connected cell to adjust its load and corresponding power consumption” (Wu, 0017). Here, “adjust ... load and corresponding power consumption” corresponds to “a corresponding energy saving operation based on the indication of the energy saving policy”. Because the claimed invention only requires that the energy saving policy “indicates at least one” item from the ensuing list, Claim 1 does not require Wu (or any other reference) to teach: The scenario type tag of the second network device or the cell of the second network device indicates energy saving first or capacity first, The energy saving first indicates that the second network device or the cell of the second network device preferentially executes the energy saving policy, and The capacity first indicates that the second network device or the cell of the second network device preferentially ensures a capacity so as to keep the throughput of the second network device or the cell of the second network device greater than a specified threshold The claims as currently constructed don’t require the claimed invention to include a “scenario type tag”. Claim 8 describes the same subject matter as Claim 1 in the form of an apparatus claim that additionally requires: A processor; and a memory configured to store computer readable instructions that, when executed by the processor, cause the apparatus Paragraph 0082 of Wu describes a network device that includes a processor coupled to a memory (Wu, 0082). Claim 15 describes the same subject matter as Claim 1 but in the form of an apparatus claim from the perspective of an access network node that additionally requires: A processor; and a memory configured to store computer readable instructions that, when executed by the processor, cause the apparatus Paragraph 0082 of Wu describes a network device that includes a processor coupled to a memory (Wu, 0082). And: An artificial intelligence (AI) device Wu teaches that the core network may use “the DCNN Q-learning architecture” or “[o]ther Machine Learning teachniques” as “the intelligence of the power saving function” (Wu, 0058). As to Claim 3 and 8: From the list of: The energy saving operation performed by the second network device or the cell of the second network device comprises at least one of: cell switch-off, symbol switch-off, slot switch-off, subframe switch-off, port switch-off, carrier switch-off, channel switch-off, or transmit power adjustment Wu at least teaches: The energy saving operation performed by the second network device or the cell of the second network device comprises ... transmit power adjustment Wu teaches that “the operational load is controlled by one or more of ... transmission power” (Wu, 0019). Claim 10 requires the same subject matter as Claim 3 in the form of an apparatus claim. As to Claim 4 and 11: Wu teaches: Predicting at least one of network load, network coverage, or a network service type based on the first data Wu teaches that “the power saving function sends cell load control information to each connected cell” which is analogous to “predicting at least one of network load, network coverage, or a network service type” (Wu, 0017). Determining the energy saving policy based on at least one of the predicted network load, the predicted network coverage, or the predicted network service type Wu describes the “power saving function send[ing] cell load control information to each connected cell” to “adjust its load and corresponding power consumption” (Wu, 0017). Claim 11 requires the same subject matter as Claim 4 in the form of an apparatus claim. As to Claim 5 and 12: Wu teaches: Outputting at least one of the predicted network load, the predicted network coverage, or the predicted network service type Wu describes a “power saving function” that “sends cell load control information to each connected cell” which is analogous to “outputting ... predicted network load”. Claim 12 requires the same subject matter as Claim 5 in the form of an apparatus claim. As to Claim 6, 13, and 16: Wu teaches: Outputting query information Wu teaches that “the power saving function instructs each connected cell to report network state information” (Wu, 0012). Obtaining response information, in response to the query information, from the first network device and/or the second network device Wu teaches that “each connected cell compiles network state information and reports to the power saving function” in response to the network’s instruction to report (Wu, 0016). The response information indicates the first data Wu teaches that each cell’s response includes “network state information” (Wu, 0016). Claim 13 requires the same subject matter as Claim 6 in the form of an apparatus claim. Claim 16 requires the same subject matter as Claim 1 in the form of an apparatus claim from the perspective of an access network device. As to Claim 7 and 14: From the list of: Periodically outputting the query information; or Outputting the query information when a condition is satisfied Wu at least teaches: Outputting the query information when a condition is satisfied Wu teaches that a UE receives “capability information” with a “setting” for when to “report NSI” (Wu, 0049, 0066). Claim 14 requires the same subject matter as claim 7 in the form of an apparatus claim. As to Claim 17: From the list of: The query information indicates at least one of: A service type predicted by the AI device supporting AI prediction, Time information of the energy saving policy output by the AI device, Information included in the energy saving policy, The first data required to be provided by the first network device, or The first data required to be provided by the second network device Wu at least teaches: The query information indicates ... the first data required to be provided by the first network device Wu teaches that “the power saving function instructs each connected cell to report network state information to the power saving function” (Wu, 0012). The query information indicates ... the first data required to be provided by the second network device Wu teaches that “the power saving function instructs each connected cell to report network state information to the power saving function” (Wu, 0012). As to Claim 18: From the list of: Output at least one of: Service information of interest to the first network device and/or the second network device, Time information of interest to the first network device and/or the second network device, or Condition information of interest to the first network device and/or the second network device Wu at least teaches: Output ... service information of interest to the first network device and/or the second network device Wu describes the “network state information” reported by “each connected cell” as “one or more of: a network traffic map; a user throughput map; and a cell load” (Wu, 0013-0014). This corresponds to “service information of interest to the first network device and/or the second network device”. Output ... condition information of interest to the first network device and/or the second network device Wu teaches that the “report” sent by “each connected cell” includes “information comprising one or more of channel state information (CSI)” (Wu, 0013, 0015). As to Claim 19: From the list of: The first data indicates at least one of: An operating parameter of the first network device and/or the second network device; Networking information of the first network device and/or the second network device; Scenario information of the first network device and/or the second network device; Cell information of the first network device and/or the second network device; Hardware resource information of the first network device and/or the second network device; An operator policy of the first network device and/or the second network device; An air interface resource of the first network device and/or the second network device; A transport network layer resource of the first network device and/or the second network device; Cell capacity information of the first network device and/or the second network device; Slice capacity information of the first network device and/or the second network device; or Information about a terminal device served by the first network device and/or the second network device Wu at least teaches: The first data indicates ... networking information of the first network device and/or the second network device Wu teaches that the “report” from “each connected cell” includes “a network traffic map” (Wu, 0012-0013). The first data indicates ... cell information of the first network device and/or the second network device Wu teaches that the “report” from “each connected cell” includes “cell load” (Wu, 0012-0013). The first data indicates ... cell capacity information of the first network device and/or the second network device Wu teaches that the “report” from “each connected cell” includes “cell load” (Wu, 0012-0013). The first data indicates ... information about a terminal device served by the first network device and/or the second network device Wu teaches that the “report” from “each connected cell” includes “information from UEs” (Wu, 0012-0013). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 2023/0089513 A1) in view of Yang et al. (US 2022/0060989 A1, hereinafter “Yang”). As to Claim 20: Wu does not explicitly disclose: The service information of interest indicates a service to be supported or run by the first network device and/or the second network device in a time period However, Yang does describe a method to configure a terminal with energy-saving parameters. Specifically, Yang teaches: The service information of interest indicates a service to be supported or run by the first network device and/or the second network device in a time period Yang describes a “terminal device” which outputs a “service request” that can include “the service type” the terminal will execute (Yang, 0147). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yang’s practice of outputting the service a device will execute with Wu’s method for configuring different power saving modes. The type of service being executed will affect power consumption, so this information would be valuable to communicate to the core network’s power saving function. As to Claim 21: Wu does not explicitly disclose: The time information of interest indicates time information for supporting or running the service However, Yang does teach: The time information of interest indicates time information for supporting or running the service Yang describes a “terminal device” which outputs a “service request” that can include “latency” of the service executing on the terminal relative to a “latency threshold” (Yang, 0147). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yang’s practice of outputting the latency of a service executing on a device with Wu’s method for configuring different power saving modes. The time remaining for a service to execute will affect power consumption, so this information would be valuable to communicate to the core network’s power saving function. As to Claim 22: Wu teaches: Information ... indicates a trigger condition of the service Wu teaches that a UE receives “capability information” with a “setting” for when to “report NSI” (Wu, 0049, 0066). This “setting” for NSI reporting is analogous to the claimed “trigger condition”. Wu does not explicitly disclose: The condition information of interest However, Yang does teach: The condition information of interest Yang describes a terminal sending a “service request” which includes “conditions” such as “quality of service” (Yang, 0147). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the reporting trigger condition described in Wu in the service request issued by the terminal in Yang. The trigger condition for a service to execute will affect power consumption, so this information would be valuable to communicate to the core network’s power saving function. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chou et al. (US 2020/0329428 A1) describes different energy saving policies similar to the optional features of Claims 1, 8, and 15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Peter Welte whose telephone number is (703)756-5965. The examiner can normally be reached Monday - Friday, 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, Chirag Shah, can be reached at (571)272-3144. 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. /B.P.W./Examiner, Art Unit 2477 /CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Oct 27, 2023
Application Filed
Dec 10, 2025
Non-Final Rejection mailed — §102, §103
Mar 09, 2026
Response Filed
Apr 16, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
84%
With Interview (+17.0%)
3y 2m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 40 resolved cases by this examiner. Grant probability derived from career allowance rate.

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