Prosecution Insights
Last updated: July 17, 2026
Application No. 18/541,186

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Non-Final OA §102§103
Filed
Dec 15, 2023
Priority
Jun 18, 2021 — CN 202110676036.1 +1 more
Examiner
TAYLOR, BARRY W
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
716 granted / 952 resolved
+13.2% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
19 currently pending
Career history
975
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
90.1%
+50.1% vs TC avg
§102
3.6%
-36.4% vs TC avg
§112
0.2%
-39.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 952 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. 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. 1. Claims 1 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fan (2023/0362885). Regarding claim 1. Fan teaches a communication method, applied to a first access network device (0022, figure 1, item 130 first access device which can be eNB or NG-RAN or a next generation radio access base station (gNB)), and comprising: obtaining first information (figure 1, 0022, 0033 wherein first access device 130 receives/obtains first information from UE 110); and transmitting the first information to a core network device through a control plane of a next generation (NG) interface or a general packet radio service tunnelling protocol for the a user plane (GTP-U) tunnel between the first access network device and the core network device (figure 1, 0022, 0033 wherein first access device 130 receives/obtains first information from UE 110 and transmits the first information to a core network device 140 via NG interface), wherein the first information transmitted on the control plane of the NG interface or the GTP-U tunnel passes via a second access network device (figure 1, 0022, 0033 wherein first access device 130 receives/obtains first information from UE 110 and transmits the first information to a core network device 140 via NG interface which passes a second access network device 120). Regarding claim 13. Fan teaches a communication method, applied to a core network device (0022, figure 1, item 140 – core network device), and comprising: transmitting second information to a terminal or a first access network device through a control plane of a next generation (NG) interface or a general packet radio service tunnelling protocol for the user plane (GTP-U) tunnel between the core network device and the first access network device (figure 1, 022, 0033 – core network device 140 transmits a second information to a UE 110 or a first access network 130 via NG interface), wherein the second information transmitted through the control plane of the NG interface or the GTP-U tunnel passes via a second access network device (figure 1, 022, 0033 – core network device 140 transmits a second information to a UE 110 or a first access network 130 via NG interface wherein the second information through the control plane of the NG interface passes via a second access network device 120). Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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. 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. 2. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Albasheir et al (2021/0076260). Regarding claim 2. Fan does not teach wherein the obtaining first information comprises: receiving the first information from a terminal through a Uu interface, wherein the first information comprises at least one of information for requesting registration, information for requesting establishment of a protocol data unit (PDU) session, and an internet protocol (IP) data packet; or generating the first information, wherein the first information comprises information for requesting setup of the NG interface. Albasheir teaches generating the first message comprising information for setting up the N2 interface (0026) which enables the AMF/core network to provide UE authentication, authorization, mobility management, connection management, transmit/receiving security keys during registration/authorization, etc. It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan to include an N2 interface as taught by Albasheir to enable the AMF/core network to provide connection management in a more secure manner. 3. Claims 7-10 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of LI et al (2023/0262642). Regarding claims 7 and 18. Fan does not teach wherein the first information transmitted on the control plane of the NG interface or the GTP-U tunnel further passes through via a gateway. LI teaches UE1 sends first information to a first access network device (see indoor small BS in figures 4, 8 and 9) and sends the first information to the core network (see 5GC in figures 4, 8 and 9) through NG interface (figures 4, 8 and 9, 0057, 0073, 0083, 0159, 0161, 0163) via a second access device (see 5GRN in figures 4, 8, and 9) wherein the first information transmitted on the control plane of the NG interface or the GTP-U tunnel further passes via a gateway (0057, 0073, 0083, 0159, 0161, 0163, figures 4, 8, 9 wherein Residential Gateway (RG) is used as a relay between the first indoor base station (e.g., Indoor Small BS) and second external base station (e.g., 5GRAN) and if the authentication is successful, the RG can forward the initial message to the core network (5GC)). LI teaches the RG can be separate or as part of the small indoor base station (see figures 4, 8, 9 wherein RG is part of the indoor small BS). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan to use a residential gateway (RG) between indoor base station and outdoor base station as taught by LI thereby improving wireless network efficiency and performance (LI at abstract, 0029). Regarding claim 8. Fan does not explicitly teach receiving the IP address of the first access network device and/or the IP address of the core network device from the second access network device, the core network device, or the network management device via the gateway. LI teaches UE1 sends first information to a first access network device (see indoor small BS in figures 4, 8 and 9) and sends the first information to the core network (see 5GC in figures 4, 8 and 9) through NG interface (figures 4, 8 and 9, 0057, 0073, 0083, 0159, 0161, 0163) via a second access device (see 5GRN in figures 4, 8, and 9) wherein the first information transmitted on the control plane of the NG interface or the GTP-U tunnel further passes via a gateway (0057, 0073, 0083, 0159, 0161, 0163, figures 4, 8, 9 wherein Residential Gateway (RG) is used as a relay between the first indoor base station (e.g., Indoor Small BS) and second external base station (e.g., 5GRAN) and if the authentication is successful, the RG can forward the initial message to the core network (5GC)). LI teaches the RG can be separate or as part of the small indoor base station (see figures 4, 8, 9 wherein RG is part of the indoor small BS). LI further teaches the NG interface can be set up through an IP address (0053, 0073, 0083). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan to use a residential gateway (RG) between indoor base station and outdoor base station as taught by LI thereby improving wireless network efficiency and performance (LI at abstract, 0029). Regarding claims 9 and19. Fan does not teach wherein the gateway is located in the first access network device. LI teaches UE1 sends first information to a first access network device (see indoor small BS in figures 4, 8 and 9) and sends the first information to the core network (see 5GC in figures 4, 8 and 9) through NG interface (figures 4, 8 and 9, 0057, 0073, 0083, 0159, 0161, 0163) via a second access device (see 5GRN in figures 4, 8, and 9) wherein the first information transmitted on the control plane of the NG interface or the GTP-U tunnel further passes via a gateway (0057, 0073, 0083, 0159, 0161, 0163, figures 4, 8, 9 wherein Residential Gateway (RG) is used as a relay between the first indoor base station (e.g., Indoor Small BS) and second external base station (e.g., 5GRAN) and if the authentication is successful, the RG can forward the initial message to the core network (5GC)). LI teaches the RG can be separate or as part of the small indoor base station (see figures 4, 8, 9 wherein RG is part of the indoor small BS). LI further teaches the NG interface can be set up through an IP address (0053, 0073, 0083). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan to use a residential gateway (RG) between indoor base station and outdoor base station as taught by LI thereby improving wireless network efficiency and performance (LI at abstract, 0029). Regarding claim 10. Fan teaches a communication method, obtaining a first message (figure 1, 0022, 0033 wherein first access device 130 receives/obtains first information from UE 110), wherein the first message carries first information transmitted on a control plane of a next generation (NG) interface or a general packet radio service tunnelling protocol for the user plane (GTP-U) tunnel between a first access network device and a core network device (figure 1, 0022, 0033 wherein first access device 130 receives/obtains first information from UE 110 and transmits the first information to a core network device 140 via NG interface which passes a second access network device 120); Fan does not teach using a gateway. LI teaches UE1 sends first information to a first access network device (see indoor small BS in figures 4, 8 and 9) and sends the first information to the core network (see 5GC in figures 4, 8 and 9) through NG interface (figures 4, 8 and 9, 0057, 0073, 0083, 0159, 0161, 0163) via a second access device (see 5GRN in figures 4, 8, and 9) wherein the first information transmitted on the control plane of the NG interface or the GTP-U tunnel further passes via a gateway (0057, 0073, 0083, 0159, 0161, 0163, figures 4, 8, 9 wherein Residential Gateway (RG) is used as a relay between the first indoor base station (e.g., Indoor Small BS) and second external base station (e.g., 5GRAN) and if the authentication is successful, the RG can forward the initial message to the core network (5GC)). LI teaches the RG can be separate or as part of the small indoor base station (see figures 4, 8, 9 wherein RG is part of the indoor small BS). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan to use a residential gateway (RG) between indoor base station and outdoor base station as taught by LI thereby improving wireless network efficiency and performance (LI at abstract, 0029). 4. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of LI further in view of Deshmukh et al (2021/0243672). Regarding claim 11. Fan in view of LI do not teach adding a corresponding adaptation (Adapt) layer header to the first message, wherein the Adapt layer header comprises identification information of the first access network device. Deshmukh teaches using an adaptation layer header to enable hop-by-hop forwarding between nodes wherein each node can be identified by a unique ID (abstract, 0009-0010, 0014, 0037, 0039, 0040). For UP data in the downlink, forwarding can be done using GTP-U ID (0042-0044). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan in view of LI to include an adaptation layer header as taught by Deshmukh enabling for hop-by-hop forwarding between nodes. 5. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of LI further in view of Pratapa et al (2017/0048790). Regarding claim 12. Fan in view of LI do not teach wherein the sending the third message to a second access network device through a radio interface between the gateway and the second access network device comprises: sending the third message to the second access network device through a default backhaul channel between the gateway and the second access network device. Pratapa teaches a soft switch (e.g., gateway) providing backhaul access (0056, 0059, 0062) to client devices wherein backhaul access to the client devices may be to multiple networks such as cellular network, wired, WiFi or the like (0004-005). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan in view of LI to use a backhaul channel as taught by Pratapa thereby enabling client devices to connect to multiple networks based on QoS. 6. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Park et al (2019/0053120). Regarding claim 14. Fan does not teach wherein the sending second information to a terminal or a first access network device comprises: sending the second information to the terminal, wherein the second information comprises at least one of information used for accepting registration, information used for requesting establishment of a protocol data unit (PDU) session resource, and an internet protocol (IP) data packet; or sending the second information to the first access network device, wherein the second information comprises information used for responding to an NG interface setup request. Park teaches sending the second information to the first access network device, wherein the second information comprises information used for responding to an NG interface setup request (0135 – the CN may establish the complete wireless device context by sending the initial context setup request message to the gNB over a NG-C interface wherein the message includes the slice ID as part of the PDU session(s) resource description (0135-0136). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan to send a second message to the first access device wherein the message incudes slice ID as part of the PDU session(s) resource description as taught by Park thereby allowing the CN to allocate or release resources relative to the relevant PDU sessions, as well as, enabling the RAN to apply policies at the PDU session level. 7. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Zhang et al (2021/0409996). Regarding claim 17. Fan does not teach wherein the second information transmitted on the GTP-U tunnel has a corresponding GTP-U header, and the GTP-U header comprises a QoS flow identifier (QFI) corresponding to the second information. Zhang teaches a new QoS flow can be initiated by CN, the request is sent to gNB and the UE configured accordingly. Another example, the UE can initiate a new QoS flow in the header (0007). It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Fan to include QoS flow indicator in header information at taught by Zhang thereby enabling the CN and/or UE the ability to control the QoS of the session. Allowable Subject Matter 8. Claims 3-6 and 15-16 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 9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ---(2023/0403662) Wanuga et al teaches adaption layer holding routing information and enabling hop-by-hop forwarding. 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARRY W TAYLOR whose telephone number is (571)272-7509. The examiner can normally be reached Monday-Thursday: 7-5. 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, Matthew Anderson can be reached at 571-272-4177. 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. /BARRY W TAYLOR/Primary Examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
Mar 10, 2025
Response after Non-Final Action
May 26, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
80%
With Interview (+4.3%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 952 resolved cases by this examiner. Grant probability derived from career allowance rate.

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