Prosecution Insights
Last updated: July 17, 2026
Application No. 18/496,458

COMMUNICATION METHOD AND APPARATUS

Final Rejection §102§103
Filed
Oct 27, 2023
Priority
Apr 30, 2021 — CN 202110484680.9 +1 more
Examiner
KASSIM, KHALED M
Art Unit
2475
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
1y 10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
378 granted / 538 resolved
+12.3% vs TC avg
Strong +38% interview lift
Without
With
+38.4%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
10 currently pending
Career history
553
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
87.8%
+47.8% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 538 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 . DETAILED ACTION Status of the Application This is in response to the amendment file d02/04/2026. Claims 21-23 have been added; claims 3,11 and 19 have been canceled; claims 1, 2, 4-10, 12-18 and 20-23 are presented for examination. 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 . 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 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. 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)(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, 2, 4-6, 10, 12-13, 16-18 and 20-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al US 2024/0056902 A1. Regarding claim 1, Zhang discloses “sending to a secondary radio access network node” (see Zhang figure 7 and ¶ 0139; receiving, by the secondary node (SN), a request), “a first request for the secondary radio access network node to provide a multicast broadcast service for a terminal” (see Zhang figure 7 and ¶ 0139; receiving, by the secondary node (SN), a request, to request SN to provide a MBS service on-going at SN ); “where the first request comprises a first identifier corresponding to the multicast broadcast service” (see Zhang figure 7 and ¶ 0139; The request transmitted include information relating to the MBS service such as a TMGI, a session ID, and/or a MBS service ID). Also, Zhang teaches the claimed feature of “and receiving from the secondary radio access network node” (see Zhang figure 7 and ¶ 0140; upon receiving the MBS service, the SN may either accept or reject the request. If SN accepts the MBS service request, SN generates and provides MRB configuration information for that MBS service and sends to MN); “a first response that indicates that the secondary radio access network node agrees to provide the multicast broadcast service to the terminal device.” (see Zhang figure 7 and ¶ 0140; upon receiving the MBS service, the SN may either accept or reject the request. If SN accepts the MBS service request, SN generates and provides MRB configuration information for that MBS service and sends to MN); “further indicates that: the multicast broadcast service already exists on the secondary radio access network node, or a data transmission channel of the multicast broadcast service is already established on the secondary radio access network node (see Zhang ¶ 0090, ¶ 0091; a MN or a SN initiates a procedure to establish a corresponding MRB and transmits the MBS service data anchored at the SN to a UE due to a MN or a SN realizes that an existing MBS service of a UE's interest is on-going at the SN but not anchored at MN (e.g., the MN is not MBS supportive, or the MN is out of the MBS service area; the above clearly The MRB configuration information sent by the SN is based on the existence of the ongoing MBS service, and thus, the response implicitly indicates that the service already exists or that the channel is established); Also, Fig. 7 and ¶ 0140 discloses that the SN’s response (message 702) to the MN’s request (701). The SN’s response includes MRB configuration information for the requested MBS service. As described in [0140] and [0141], this MRB configuration information is generated specifically for an MBS service that is already ongoing at the SN); ¶ 0150, discloses that the MRB configuration information provided by the SN can be related to inform that the services interested by the UEs are MBS service that already at the SN). Regarding claim 2, claim 1 is incorporated as stated above. In addition, Zhang further discloses “wherein the first response comprises: first interface address of a first interface between the secondary radio access network node and a core network, or second interface address of a second interface between the secondary radio access network node and a master radio access network node.”; (see Zhang ¶ 0140; The SN sends the MRB configuration information to MN, for instance, via a X2 interface message, a Xn interface message). Regarding claim 4, claim 1 is incorporated as stated above. In addition, Zhang further discloses “wherein the first request further comprises at least one of: a reference identifier of the multicast broadcast service, a session identifier of the multicast broadcast service, an access point (AP) identifier of the multicast broadcast service, an access and mobility management function identifier, a session management function identifier, a multicast broadcast-session management function identifier, or a multicast broadcast-function identifier”; (see Zhang figure 7 and ¶ 0139; The request transmitted include information relating to the MBS service such as a TMGI, a session ID, and/or a MBS service ID). Regarding claim 5, claim 1 is incorporated as stated above. In addition, Zhang further discloses “wherein the first request further comprises an Internet Protocol (IP) multicast group address of the multicast broadcast service, and the IP multicast group address is used to receive data of the multicast broadcast service..”; (see Zhang figure 7 and ¶ 0139; The request transmitted include information relating to the MBS service such as a TMGI (temporary mobile group identity), a session ID, and/or a MBS service ID). Regarding claim 6, claim 2 is incorporated as stated above. In addition, Zhang further discloses “wherein the method further comprises: sending a second request to the core network, wherein the second request comprises the first identifier and at least one of the following: the first interface address information or a second identifier corresponding to the secondary radio access network node..”; (see Zhang ¶ 0196; NOTE here that the second message is not specified here. With that being said, Zhang discloses a stop message can be sent to a core network node that include information relevant MBS service information (e.g., a TMGI, a session ID, and/or a MBS service ID) and relevant QoS flow information (e.g., a QoS flow ID)). Regarding claim 9, Zhang discloses “receiving a first request from a master radio access network node” (see Zhang figure 7 and ¶ 0139; receiving, by the secondary node (SN), a request), “wherein the first request requests a secondary radio access network node to provide a multicast broadcast service for a terminal device” (see Zhang figure 7 and ¶ 0139; receiving, by the secondary node (SN), a request, to request SN to provide a MBS service on-going at SN ); “and the first request comprises a first identifier corresponding to the multicast broadcast service” (see Zhang figure 7 and ¶ 0139; The request transmitted include information relating to the MBS service such as a TMGI, a session ID, and/or a MBS service ID). Also, Zhang teaches the claimed feature of “and sending a first response to the master radio access network node based on the first request” (see Zhang figure 7 and ¶ 0140; upon receiving the MBS service, the SN may either accept or reject the request. If SN accepts the MBS service request, SN generates and provides MRB configuration information for that MBS service and sends to MN); “wherein the first response indicates that the secondary radio access network node agrees to provide the multicast broadcast service for the terminal device” (see Zhang figure 7 and ¶ 0140; upon receiving the MBS service, the SN may either accept or reject the request. If SN accepts the MBS service request, SN generates and provides MRB configuration information for that MBS service and sends to MN). Regarding claim 21, Zhang discloses “wherein the method is performed by a master radio access network node or a chip in a master radio access network node” (see Zhang figure 1 and ¶ 0037; MN 102 may refer to a radio access node), “the terminal device is dual-connected to the master radio access network node and the secondary radio access network node;” (see Zhang figure 1 and ¶ 0035; the wireless communication system 100 may be a dual connectivity system 100, including at least one UE 101); “and an NG-U tunnel is established between the secondary radio access network node and the core network, or an Xn-U tunnel is established between the secondary radio access network node and the master radio access network node, or an Xn-U tunnel is established between the secondary radio access network node and another master radio access network node” (NOTE: according to the applicant current specification [¶ 0007], XN-U is an XN-U interface; with that being said; see Zhang figure 1 and ¶ 0036; MN 102 and SN 103 may be connected with each other via a network interface, for example, the Xn interface). Claims 10, 12-13, 16 and 22 contain limitations similar to the limitations presented in the method claim 1,2, 4 – 6 and 21 that have been rejected above. Applicant attention is directed to the rejection of claims 1,2, 4 – 6 and 21. Claims 10, 12-13, 16 and 22 are rejected under the same rational as claims 1,2, 4 – 6 and 21. Claims 17 – 18, 20 and 23 are the apparatus claims corresponding to the method claims 1,2, 4 – 6 and 21 that have been rejected above. Applicant attention is directed to the rejection of claims 1,2, 4 – 6 and 21. Claims 17 – 18, 20 and 23 are rejected under the same rational as claims 1,2, 4 – 6 and 21. 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 7-8 and 14-15 are rejected under 35 USC 103 as being unpatentable over Zhang et al US 2024/0056902 A1 Most of the limitations of claim 7 have been noted in the rejection of claim 2. Applicant’s attention is directed to the rejection of claim 2 above. Zhang does not appear to explicitly disclose a receiving a third request from the secondary radio access network node, wherein the third request comprises at least one of the following: the first identifier, a second identifier corresponding to the secondary radio access network node, or the first interface address information between the secondary radio access network node and the core network; sending a fourth request to the core network, wherein the fourth request comprises at least one of the following: the first identifier, the second identifier, or the first interface address information; receiving a second response from the core network, wherein the second response comprises the first identifier or the second identifier; and sending a third response to the secondary radio access network node, wherein the third response comprises the first identifier or the second identifier. First, the third request, fourth request and the third response as recited in the above limitation are specified and broadly claimed to be interpreted as any communication between primary node, secondary node and a core network element. With that being said, Zhang discloses (see Fig. 01), communication 6d, communication 7 and communication 8. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, having the teachings of Zhang before him or her, to modify the invention of Zhang perform a third request by the secondary node, sending request to a core network and receiving a response from the core network. The suggestion for doing so would have been to improve the performance of the system by improving handling a multicast broadcast service (MBS) at a radio access network (RAN) node (¶ 0001). Most of the limitations of claim 8 have been noted in the rejection of claim -. Applicant’s attention is directed to the rejection of claim 2 above. Zhang does not appear to explicitly disclose a receiving data of the multicast broadcast service from the core network; and forwarding the data to the secondary radio access network node based on the second interface address information. However, Zhang discloses (see Fig. 04 and ¶ s 0074, 0075), sending modify signal for services from the core network and forwarding the confirmation of the modification to the secondary node. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, having the teachings of Zhang before him or her, to modify the invention of Zhang perform sending, by the core network information of MBS data and forwarding such information to the secondary node. The suggestion for doing so would have been to improve the performance of the system by improving handling a multicast broadcast service (MBS) at a radio access network (RAN) node (¶ 0001). Claims 14-15 contain limitations similar to the limitations presented in the method claim 7-8 that have been rejected above. Applicant attention is directed to the rejection of claims 7-8. Claims 14-15 are rejected under the same rational as claims 7-8. Response to Argument(s) Applicant's argument(s) filed on February 04, 2026 have been fully considered but they are not persuasive. Therefore, rejection is maintained. In the remarks, the Applicant argues in substance that: The applicant argues that Zhang fails to teaches or suggest a " hat the first response further indicates that the multicast broadcast service already exists on the secondary radio access network node, or a data transmission channel of the multicast broadcast service is already established on the secondary radio access network node" as recited in Applicant's claim 1 . In response. Examiner respectively disagrees. Applicant is reminded that claims must be given their broadest reasonable interpretation. Zhang (¶ 0090, ¶ 0091) clearly disclose that MN or a SN initiates a procedure to establish a corresponding MRB and transmits the MBS service data anchored at the SN to a UE due to a MN or a SN realizes that an existing MBS service of a UE's interest is on-going at the SN but not anchored at MN (e.g., the MN is not MBS supportive, or the MN is out of the MBS service area. This clearly shows that the MRB configuration information sent by the SN is based on the existence of the ongoing MBS service, and thus, the response implicitly indicates that the service already exists or that the channel is established). Also Zhang( Fig. 7 and ¶ 0140) discloses that the SN’s response (message 702) to the MN’s request (701). The SN’s response includes MRB configuration information for the requested MBS service. As described above in ¶ 0140 and also ¶ 0141, this MRB configuration information is generated specifically for an MBS service that is already ongoing at the SN. In addition, Zhang (¶ 0150) discloses that the MRB configuration information provided by the SN can be related to inform that the services interested by the UEs are MBS service that already at the SN. Thus, Zhang meets the scope of the claimed limitation as currently presented. 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 KHALED M KASSIM whose telephone number is (571)270-3770. The examiner can normally be reached 9:00 am - 5:00 PM. 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. 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. /KHALED M KASSIM/supervisory patent examiner, Art Unit 2475
Read full office action

Prosecution Timeline

Oct 27, 2023
Application Filed
Nov 12, 2025
Non-Final Rejection mailed — §102, §103
Feb 04, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+38.4%)
4y 7m (~1y 10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 538 resolved cases by this examiner. Grant probability derived from career allowance rate.

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