Prosecution Insights
Last updated: October 27, 2026
Application No. 18/496,591

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Non-Final OA §103
Filed
Oct 27, 2023
Priority
Apr 30, 2021 — CN 202110484724.8 +1 more
Examiner
NAVAS JR, EDEMIO
Art Unit
2483
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
413 granted / 573 resolved
+14.1% vs TC avg
Strong +24% interview lift
Without
With
+24.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
603
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
65.6%
+25.6% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 573 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/22/2026 has been entered. Response to Arguments Applicant's arguments with respect to claims 1,4-10,13-18 and 21-26 have been considered but are moot in view of the new ground(s) of rejection. 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) 1, 4, 10, 13, 18 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan et al. (“Kho”) (U.S. PG Publication No. 2020/0336892) in view of Zhou et al. (“Zhou”) (U.S. PG Publication No. 2015/0141028). In regards to claim 1, Kho teaches a method, comprising: obtaining, by a first communication apparatus, first configuration information (“receiving a carrier aggregation configuration indicating component carriers designated for the separate operations; and receiving or transmitting transmissions based on the carrier aggregation configuration,” - ¶0008), wherein the first configuration information indicates to the first communication apparatus to perform carrier aggregation communication on at least two receive carriers, the at least two receive carriers comprise a first receive carrier and a second receive carrier (See ¶0046-0052 and 0091-0101 wherein multiple component carriers may be involved with the reception and transmission of information between devices, particularly “the UE 402 may receive the carrier aggregation configuration from the first TRP 404. For example, the carrier aggregation configuration may assign multiple component carriers to the first TRP 404 and multiple component carriers to the second TRP 406,” - ¶0052, and “the term “cell” can refer to a coverage area of a Node B (NB) and/or a NB subsystem serving this coverage area, depending on the context in which the term is used. In NR systems, the term “cell” and BS, next generation NodeB (gNB or gNodeB), access point (AP), distributed unit (DU), carrier, or transmission reception point (TRP) may be used interchangeably,” - ¶0094); and performing, by the first communication apparatus, carrier aggregation communication on the at least two receive carriers based on the first configuration information (See ¶0008 and 0046-0052, particularly “and receiving or transmitting transmissions based on the carrier aggregation configuration,” - ¶0008); and wherein the first configuration information comprises: Kho, however, fails to teach the first configuration information comprises identification information and standard information of each of the at least two receive carriers, wherein the standard information of each of the at least two receive carriers indicates a communication standard of the receive carrier corresponding to the identification information that corresponds to the respective standard information. In a similar endeavor Zhou teaches the first configuration information comprises identification information and standard information of each of the at least two receive carriers, wherein the standard information of each of the at least two receive carriers indicates a communication standard of the receive carrier corresponding to the identification information that corresponds to the respective standard information (See ¶0050 and 0081 wherein cell identification information is provided for the carrier, as well as it being identified that the carrier is related to the 3GPP standard as such a process is done as per this standard [specified as the related 3GPP standard of the corresponding cell], this is taken in view of Kho’s teaching seen above in ¶0046-0052 and 0091-0101 wherein multiple component carriers may be involved with the reception and transmission of information between devices). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Zhou into Kho because it allows for the cell identification of the corresponding carrier with the specific type as seen in at least ¶0050 and 0081, while also providing such correspondences with the 3GPP standard, thus allowing for proper alignment of data and its identification. In regards to claim 4, Kho teaches the method according to claim 1, further comprising: sending, by the first communication apparatus, capability information of the first communication apparatus, wherein the capability information of the first communication apparatus indicates one or more of the following capabilities: a capability indicating that the first communication apparatus supports inter-radio access technology carrier aggregation (RAT CA) (See ¶0097), a capability indicating that the first communication apparatus supports cross-carrier scheduling of inter-RAT CA (See ¶0097), or a capability indicating that the first communication apparatus supports cross-carrier scheduling between different receive standard carrier groups (See ¶0038, 0040, 0043 and 0103-0104); and wherein the cross-carrier scheduling between different receive standard carrier groups indicates cross-carrier scheduling between at least two receive carriers corresponding to different receive standard carrier groups (See ¶0038, 0040, 0043 and 0103-0104). In regards to claim 10, the claim is rejected under the same basis as claim 1 by Kho in view of Zhou. In regards to claim 13, the claim is rejected under the same basis as claim 4 by Kho in view of Zhou. In regards to claim 18, the claim is rejected under the same basis as claim 1 by Kho in view of Zhou, wherein the transceiver and processor are taught as seen in ¶0012-0013, 0088 and 0109-0116. In regards to claim 25, Kho teaches the first communication apparatus according to claim 18, wherein the at least one processor is further configured to: send capability information of the first communication apparatus, wherein the capability information of the first communication apparatus indicates one or more of the following capabilities: a capability indicating that the first communication apparatus supports inter-radio access technology carrier aggregation (RAT CA) (See ¶0097), a capability indicating that the first communication apparatus supports cross-carrier scheduling of inter-RAT CA (See ¶0097), or a capability indicating that the first communication apparatus supports cross- carrier scheduling between different receive standard carrier groups (See ¶0038, 0040, 0043 and 0103-0104); and wherein the cross-carrier scheduling between different receive standard carrier groups indicates cross-carrier scheduling between at least two receive carriers corresponding to different receive standard carrier groups (See ¶0038, 0040, 0043 and 0103-0104). Claim(s) 5-9, 14-17, 21, 22, 24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan et al. (“Kho”) (U.S. PG Publication No. 2020/0336892) in view of Zhou et al. (“Zhou”) (U.S. PG Publication No. 2015/0141028) and Marinier et al. (“Marin”) (U.S. PG Publication No. 2020/0154436). In regards to claim 5, Kho fails to teach the method according to claim 1, further comprising: obtaining, by the first communication apparatus, second configuration information, wherein the second configuration information comprises one or more of the following information: configuration information of a control resource set corresponding to each of the first communication standard and the second communication standard, or configuration information of a search space corresponding to each of the first communication standard and the second communication standard. In a similar endeavor Marin teaches obtaining, by the first communication apparatus, second configuration information, wherein the second configuration information comprises one or more of the following information: configuration information of a control resource set corresponding to each of the first communication standard and the second communication standard, or configuration information of a search space corresponding to each of the first communication standard and the second communication standard (See ¶0178). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claim 6, Kho fails to teach the method according to claim 5, wherein: the first communication standard corresponds to a first control resource set, and the second communication standard corresponds to a second control resource set; or the first communication standard and the second communication standard correspond to a third control resource set, the first communication standard corresponds to a first search space of the third control resource set, and the second communication standard corresponds to a second search space of the third control resource set; or the first communication standard and the second communication standard correspond to a third search space. In a similar endeavor Marin teaches the first communication standard corresponds to a first control resource set, and the second communication standard corresponds to a second control resource set; or the first communication standard and the second communication standard correspond to a third control resource set, the first communication standard corresponds to a first search space of the third control resource set, and the second communication standard corresponds to a second search space of the third control resource set; or the first communication standard and the second communication standard correspond to a third search space (See ¶0178). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claim 7, Kho fails to teach the method according to claim 5, further comprising: detecting, by the first communication apparatus, control information corresponding to the second communication standard on the first receive carrier based on one or more of the following information corresponding to the first communication standard: a blind detection capability, a control resource set, or a search space, wherein the control information is control information for scheduling data transmission; or detecting, by the first communication apparatus, control information corresponding to the second communication standard on the first receive carrier based on one or more of the following information corresponding to the second communication standard: a blind detection capability, a control resource set, or a search space, wherein the control information is control information for scheduling data transmission; and parsing, by the first communication apparatus, the control information based on the second communication standard. That is, although Kho teaches in ¶0045-0055 that the UE may monitor the PDCCH(s) in one or more CORESETs in multiple groups from one or more TRPs, and in ¶0075-0080 that the UE may proceed to a control information mapping onto or splitting from physical channels on a first TRP or a second TRP, Marin further teaches in ¶0025-0030 and 0175-0185 that the control signaling may be received on the physical data transport channel of the first RAT and the scheduling may be received on the PDCCH of a CC configured by RRC for cross-carrier scheduling of the concerned CC of the second RAT, while also indicating that the Downlink Control Information (DCI) may be used to schedule transmissions and that the DCI format may be received in a WTRU-specific search space of the PDCCH of a CC of the first RAT and a search space may be specific to at least one CC of the second RAT, thus showing how the UE may detect one or more control information (DCI[s]) in a carrier aggregation network. Therefore, in a similar endeavor Marin teaches detecting, by the first communication apparatus, control information corresponding to the second communication standard on the first receive carrier based on one or more of the following information corresponding to the first communication standard: a blind detection capability, a control resource set, or a search space (See ¶0178), wherein the control information is control information for scheduling data transmission (See ¶0177-0179); and parsing, by the first communication apparatus, the control information based on the second communication standard (See ¶0174-0179 in view of ¶0104, 0152, 0157-0158). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claim 8, Kho fails to teach the method according to claim 7, wherein: the first communication standard and the second communication standard correspond to a first control information format; the control information corresponds to the first control information format, the control information comprises first indication information, and the first indication information indicates a corresponding communication standard; and the first communication apparatus parses the control information based on the corresponding communication standard indicated by the first indication information. In a similar endeavor Marin teaches the first communication standard and the second communication standard correspond to a first control information format (See ¶0102, 0104, 0178, 0217-0218 and 0260 wherein the system may select an appropriate transport format and resource for the data to be transmitted); the control information corresponds to the first control information format, the control information comprises first indication information, and the first indication information indicates a corresponding communication standard (See ¶0025-0030 and 0175-0185 as described above, wherein further such standards such as LTE are taken into consideration); and the first communication apparatus parses the control information based on the corresponding communication standard indicated by the first indication information (See ¶0025-0030 and 0175-0185 as described above, also see ¶0003-0004, 0008-0009 and 0016-0017). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claim 9, Kho fails to teach the method according to claim 7, wherein: the first communication standard corresponds to a second control information format, and the second communication standard corresponds to a third control information format. That is, although Kho teaches in ¶0045-0055 that the UE may monitor the PDCCH(s) in one or more CORESETs in multiple groups from one or more TRPs, and in ¶0075-0080 that the UE may proceed to a control information mapping onto or splitting from physical channels on a first TRP or a second TRP, Marin further teaches in ¶0025-0030 and 0175-0185 that the control signaling may be received on the physical data transport channel of the first RAT and the scheduling may be received on the PDCCH of a CC configured by RRC for cross-carrier scheduling of the concerned CC of the second RAT, while also indicating that the Downlink Control Information (DCI) may be used to schedule transmissions and that the DCI format may be received in a WTRU-specific search space of the PDCCH of a CC of the first RAT and a search space may be specific to at least one CC of the second RAT, thus showing how the UE may detect one or more control information (DCI[s]) in a carrier aggregation network. Therefore, in a similar endeavor Marin teaches the first communication standard corresponds to a second control information format, and the second communication standard corresponds to a third control information format (See ¶0025-0030 and 0175-0185 as described above). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claims 14-17, the claims are rejected under the same basis as claims 5-9 by Kho in view of Zhou and Marin. In regards to claim 21, Kho fails to teach detecting, by the first communication apparatus, control information corresponding to the second communication standard on the first receive carrier based on one or more of the following information corresponding to the second communication standard: a blind detection capability, a control resource set, or a search space, wherein the control information is control information for scheduling data transmission; and parsing, by the first communication apparatus, the control information based on the second communication standard. That is, although Kho teaches in ¶0045-0055 that the UE may monitor the PDCCH(s) in one or more CORESETs in multiple groups from one or more TRPs, and in ¶0075-0080 that the UE may proceed to a control information mapping onto or splitting from physical channels on a first TRP or a second TRP, Marin further teaches in ¶0025-0030 and 0175-0185 that the control signaling may be received on the physical data transport channel of the first RAT and the scheduling may be received on the PDCCH of a CC configured by RRC for cross-carrier scheduling of the concerned CC of the second RAT, while also indicating that the Downlink Control Information (DCI) may be used to schedule transmissions and that the DCI format may be received in a WTRU-specific search space of the PDCCH of a CC of the first RAT and a search space may be specific to at least one CC of the second RAT, thus showing how the UE may detect one or more control information (DCI[s]) in a carrier aggregation network. Therefore, in a similar endeavor Marin teaches detecting, by the first communication apparatus, control information corresponding to the second communication standard on the first receive carrier based on one or more of the following information corresponding to the second communication standard: a blind detection capability, a control resource set, or a search space (See ¶0178), wherein the control information is control information for scheduling data transmission (See ¶0177-0179); and parsing, by the first communication apparatus, the control information based on the second communication standard (See ¶0174-0179 in view of ¶0104, 0152, 0157-0158). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claim 22, Kho teaches the method according to claim 9, wherein the second control information format, and the third control information format are different formats. In a similar endeavor Marin teaches wherein the second control information format, and the third control information format are different formats (See ¶0102, 0104, 0178, 0217-0218 and 0260 wherein the system may select an appropriate transport format and resource for the data to be transmitted, and as noted the system may provide differing formats/standards). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claim 24, Kho fails to teach the method according to claim 14, wherein: the first communication standard and the second communication standard correspond to a third search space. In a similar endeavor Marin teaches the first communication standard and the second communication standard correspond to a third search space (See ¶0178). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. In regards to claim 26, Kho teaches the first communication apparatus according to claim i8, wherein the at least one processor is further configured to: obtain second configuration information, wherein the second configuration information comprises one or more of the following information: configuration information of a control resource set corresponding to each of the first communication standard and the second communication standard, or configuration information of a search space corresponding to each of the first communication standard and the second communication standard. In a similar endeavor Marin teaches obtain second configuration information, wherein the second configuration information comprises one or more of the following information: configuration information of a control resource set corresponding to each of the first communication standard and the second communication standard, or configuration information of a search space corresponding to each of the first communication standard and the second communication standard (See ¶0178). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Marin into Kho because it allows for the enhancement of multi-radio technologies carrier aggregation through the use of concurrently allocation information on two carriers using RAT as taught by Marin. Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan et al. (“Kho”) (U.S. PG Publication No. 2020/0336892) in view of Marinier et al. (“Marin”) (U.S. PG Publication No. 2020/0154436) and Marinier et al. (“Marin”) (U.S. PG Publication No. 2020/0154436), in further view of Saber et al. (“Saber”) (U.S. PG Publication No. 2022/0116981). In regards to claim 23, Kho teaches the method according to claim 14, wherein: the first communication standard and the second communication standard correspond to a third control resource set, the first communication standard corresponds to a first search space of the third control resource set, and the second communication standard corresponds to a second search space of the third control resource set. In a similar endeavor Saber teaches the first communication standard and the second communication standard correspond to a third control resource set, the first communication standard corresponds to a first search space of the third control resource set, and the second communication standard corresponds to a second search space of the third control resource set (See ¶0180 in view of 0003 and 0274 wherein a CORESET [control resource set] may correspond to one or more search spaces associated with it, this is taken in view of Marin’s teachings with regards to differing standards for the first and second communication standards). It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Saber into Kho because it allows for one or more search spaces to be associated with one CORESET as described in ¶0180 as one of the settings by which a UE is configured, thus allowing for adaptability in how a UE may be operated. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDEMIO NAVAS JR whose telephone number is (571)270-1067. The examiner can normally be reached M-F, ~ 9 AM -6 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Ustaris can be reached at 5712727383. 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. EDEMIO NAVAS JR Primary Examiner Art Unit 2483 /EDEMIO NAVAS JR/Primary Examiner, Art Unit 2483
Read full office action

Prosecution Timeline

Oct 27, 2023
Application Filed
Oct 28, 2025
Non-Final Rejection mailed — §103
Jan 12, 2026
Response Filed
Jan 30, 2026
Final Rejection mailed — §103
Apr 06, 2026
Response after Non-Final Action
Apr 22, 2026
Request for Continued Examination
May 03, 2026
Response after Non-Final Action
Oct 01, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12771932
SYSTEM AND METHOD FOR CALIBRATING CAMERA POSITION IN A COMPUTER VISION-BASED SELF-SERVICE CHECKOUT TERMINAL
2y 9m to grant Granted Oct 20, 2026
Patent 12771595
COMMUNICATION SYSTEM
2y 2m to grant Granted Oct 20, 2026
Patent 12756859
AFFINE MOTION VECTOR PREDICTOR AND AFFINE MERGED MOTION VECTOR BY USING LOOKAHEAD/LOOKBEHIND MOTION VECTOR
1y 8m to grant Granted Oct 06, 2026
Patent 12739861
METHOD AND APPARATUS FOR CARRYING OUT PARTIAL SENSING ON BASIS OF TRANSMISSION PERIOD OF USER EQUIPMENT IN NR V2X
2y 10m to grant Granted Sep 15, 2026
Patent 12707057
POINT CLOUD DATA TRANSMISSION DEVICE, POINT CLOUD DATA TRANSMISSION METHOD, POINT CLOUD DATA RECEPTION DEVICE, AND POINT CLOUD DATA RECEPTION METHOD
3y 11m to grant Granted Aug 11, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
96%
With Interview (+24.2%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 573 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

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

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month