Prosecution Insights
Last updated: April 19, 2026
Application No. 18/519,973

COMMUNICATION METHOD AND RELATED COMMUNICATION DEVICE

Non-Final OA §102§112
Filed
Nov 27, 2023
Examiner
WILLIAMS, ELTON S
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
87%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
333 granted / 427 resolved
+20.0% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
24 currently pending
Career history
451
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 427 resolved cases

Office Action

§102 §112
DETAILED ACTION This office action is in response to the application filed on 11/27/2023 in which claims 1-3, 9-11, and 35-48 are pending. 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 37, 38, 41, 43, 45, 46, 47, and 48 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 37, 38, 41, 43, 45, 46, 47, and 48 all depend on cancelled claims and it is unclear which remaining claims they should depend on; hereinafter the above claims will depend on claims 1, and 9 respectively. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-3, 9-11, and 35-48 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rico Alvarino et al. (US20200037383A1). As to claims 1, 9, 39, and 44, Alvarino teaches a communication method, comprising: ([0002] Aspects of the present disclosure generally relate to wireless communication and to techniques and apparatuses for carrier switching and antenna switching for Long Term Evolution (LTE) and New Radio (NR) dual connectivity. [0008] In some aspects, a UE for wireless communication may include memory and one or more processors operatively coupled to the memory. [0009] In some aspects, a base station for wireless communication may include memory and one or more processors operatively coupled to the memory.) sending, by a terminal device, a first message to an access network device, wherein the first message comprises a first capability indication, ([0076] As shown by reference number 510, the UE 120 may signal the antenna switching capability and/or the carrier switching capability to a base station 110, as described above in connection with FIG. 4. [0063] As shown by reference number 425, the UE 120 may signal the carrier switching capability to the base station 110. In some aspects, a carrier switching capability of the UE 120 may refer to a capability of the UE 120 to switch from one or more bands to a different band. As shown, the carrier switching capability may indicate an interruption time to at least one of an uplink operation or a downlink operation due to a switch from a source band, of the plurality of bands, to a target band of the plurality of bands.) the first capability indication indicates that the terminal device causes no uplink transmission interruption in a band that does not involve uplink radio frequency chain switching in an uplink radio frequency chain switching period, and the uplink radio frequency chain switching is supported between a band in which uplink switching is performed in the uplink radio frequency chain switching period and the band that does not involve the uplink radio frequency chain switching. ([0078] In some aspects, the antenna switching capability may indicate whether an antenna switch in one RAT, of the first RAT or the second RAT, affects an operation on the other RAT of the first RAT or the second RAT. For example, the antenna switching capability may indicate whether a switch in LTE affects an operation in NR, and/or whether a switch in NR affects an operation in LTE. [0079] Additionally, or alternatively, as shown, the antenna switching capability may indicate whether an antenna switch in at least one of the first RAT (e.g., an LTE RAT), a first frequency range (FR1) of the second RAT (e.g., a sub-6 GHz frequency range of an NR RAT), or a second frequency range (FR2) of the second RAT (e.g., a millimeter wave frequency range of an NR RAT) affects an operation on another one of the first RAT, the first frequency range, or the second frequency range. In this way, signaling may be simplified as compared to indicating antenna switching effects per band. [0081] In some aspects, an interruption to an uplink operation and a downlink operation may be signaled jointly (e.g., using 1 bit or 1 field that indicates an interruption to both uplink and downlink or no interruption to either uplink nor downlink). In some aspects, an interruption to an uplink operation may be signaled separately from an interruption to a downlink operation (e.g., using 2 bits or 2 fields that indicate an interruption or no interruption for the uplink and an interruption or no interruption for the downlink). [0083] In some aspects, the base station 110 may be configured with an indication that antenna switching in NR FR2 does not cause an interruption in LTE and/or NR FR1, and that antenna switching in LTE and/or NR FR1 does not cause an interruption in NR FR2. [0056]; [0066] In some cases, signaling an interruption caused in a source band by a switch from the source band to a target band may not account for interruptions caused in other (e.g., non-source) bands due to the switch (e.g., due to reconfiguring the RF path in the RF architecture). To account for such interruptions in other bands, the carrier switching capability may indicate one or more bands that experience an interruption [0068] In some aspects, the antenna switching capability and/or the carrier switching capability may indicate a switching time and/or an interruption time.) As to claims 2, 10, 42, and 47, Alvarino teaches the method according to claim 1, wherein the first message further comprises indication information of at least three bands, and the at least three bands support the uplink radio frequency chain switching. ([ 0055] As shown by reference number 405, a UE 120 may determine a capability of the UE 120 to switch among a plurality of bands. [0056] As shown by reference number 410, the plurality of bands may include at least one band of a first RAT and at least one band of a second RAT. For example, a first band, shown as BX, may be associated with a first RAT, such as an LTE RAT. As another example, a second band, shown as BY, and a third band, shown as BZ may be associated with a second RAT, such as an NR RAT. the plurality of bands may be included in a band combination (e.g., a list of bands or a band list) signaled by the UE 120 to the base station 110, as described in more detail below.) As to claims 3, 11, 43, and 48, Alvarino teaches the method according to claim 2, wherein the first message further comprises indication information of a first band combination, the first capability indication corresponds to the first band combination, the first band combination is a subset of a set comprising the at least three bands, and the first capability indication indicates that the terminal device causes no uplink transmission interruption in a band in the first band combination in the uplink radio frequency chain switching period when the band in the first band combination does not involve the uplink radio frequency chain switching. ([ 0055] As shown by reference number 405, a UE 120 may determine a capability of the UE 120 to switch among a plurality of bands. [0056] As shown by reference number 410, the plurality of bands may include at least one band of a first RAT and at least one band of a second RAT. For example, a first band, shown as BX, may be associated with a first RAT, such as an LTE RAT. As another example, a second band, shown as BY, and a third band, shown as BZ may be associated with a second RAT, such as an NR RAT. the plurality of bands may be included in a band combination (e.g., a list of bands or a band list) signaled by the UE 120 to the base station 110, as described in more detail below. [0057] For example, a first subset of bands B1-B4 shown in FIG. 3 may be associated with the first RAT, and a second subset of bands B1-B4 shown in FIG. 3 may be associated with the second RAT (and/or one or more frequency ranges of the second RAT). [00058] As shown by reference number 420, the UE 120 may signal the antenna switching capability to the base station 110. In some aspects, an antenna switching capability of the UE 120 may refer to a capability of the UE 120 to switch an antenna for one or more bands. As shown, the antenna switching capability may indicate one or more bands that support antenna switching, one or more bands that are associated with a same switch of the UE 120, one or more bands for which downlink communications are interrupted by a switch in another band, and/or the like. In example 400, for a first band combination (e.g., a first band list), the UE 120 indicates that a first band B1 supports antenna switching (e.g., is capable of switching between antennas, as shown by band B1 in FIG. 3), that a second band B2 switches together with the first band B1 (e.g., when the first band switches to a different antenna, the second band also switches to another antenna, as shown by bands B1 and B2 in FIG. 3), that a third band B3 experiences a downlink interruption by a switch in band B2, that a fourth band B4 does not support antenna switching (e.g., as shown in FIG. 3), and/or the like. These antenna switching capabilities are provided as an example, and other examples are contemplated.) As to claims 35, 37, 40, and 45, Alvarino teaches the method according to claim 1, wherein the first capability indication is reported by using a bitmap, and each bit in the bitmap corresponds to one band. ([0081] In some aspects, an interruption to an uplink operation and a downlink operation may be signaled jointly (e.g., using 1 bit or 1 field that indicates an interruption to both uplink and downlink or no interruption to either uplink nor downlink). In some aspects, an interruption to an uplink operation may be signaled separately from an interruption to a downlink operation (e.g., using 2 bits or 2 fields that indicate an interruption or no interruption for the uplink and an interruption or no interruption for the downlink).) As to claims 36, 38, 41, and 46, Alvarino teaches the method according to claim 2, a value of a bit corresponding to a first band in the bitmap is 1, it indicates that in the uplink radio frequency chain switching period, if the first band does not involve the uplink radio frequency chain switching, no uplink transmission interruption is caused in the first band. ([0081] In some aspects, an interruption to an uplink operation and a downlink operation may be signaled jointly (e.g., using 1 bit or 1 field that indicates an interruption to both uplink and downlink or no interruption to either uplink nor downlink). In some aspects, an interruption to an uplink operation may be signaled separately from an interruption to a downlink operation (e.g., using 2 bits or 2 fields that indicate an interruption or no interruption for the uplink and an interruption or no interruption for the downlink).) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELTON S WILLIAMS whose telephone number is (571)272-9933. The examiner can normally be reached 8-4 Mon-Fri. 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, Gary Mui can be reached at (571) 270-1420. 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. /Elton Williams/Examiner, Art Unit 2465
Read full office action

Prosecution Timeline

Nov 27, 2023
Application Filed
Dec 26, 2025
Non-Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598558
JOINT MPE REPORT FOR SINGLE-PANEL AND MULTI-PANEL TRANSMISSIONS
2y 5m to grant Granted Apr 07, 2026
Patent 12587416
SYSTEM AND METHOD FOR ANGLE OF ARRIVAL (AOA) ESTIMATION
2y 5m to grant Granted Mar 24, 2026
Patent 12574833
AUTO-CONFIGURATION OF PRIVATE MOBILE NETWORK FOR OPERATIONAL TECHNOLOGY (OT) PROCESSING FOR INDUSTRIAL DEVICES
2y 5m to grant Granted Mar 10, 2026
Patent 12574719
METHOD AND DEVICE FOR PRIORITY CONFIGURATION
2y 5m to grant Granted Mar 10, 2026
Patent 12574332
SYSTEMS AND METHODS FOR HOMOMORPHIC ENCRYPTION-BASED DATA CACHING
2y 5m to grant Granted Mar 10, 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
78%
Grant Probability
87%
With Interview (+8.6%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 427 resolved cases by this examiner. Grant probability derived from career allow 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