Prosecution Insights
Last updated: April 18, 2026
Application No. 18/585,195

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Feb 23, 2024
Examiner
LIN, WILL W
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
94%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 94% — above average
94%
Career Allow Rate
447 granted / 477 resolved
+35.7% vs TC avg
Moderate +6% lift
Without
With
+5.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
41 currently pending
Career history
518
Total Applications
across all art units

Statute-Specific Performance

§101
6.2%
-33.8% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 477 resolved cases

Office Action

§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 This office action is in response to the application filed on 02/23/2024. Claims 1-20 are currently pending. Claims 1-20 are rejected. Claims 1, 8 and 15 are independent claims. Claim Rejections - 35 USC § 103 5. 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. 6. 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 of this title, 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. 7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 8. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jelena DAMNJANOVIC et al. (US 2021/0328643 A1), hereinafter DAMNJANOVIC, in view of Hui-Ming Wang et al. (US 2006/0217093 A1), hereinafter Wang. For claim 1, DAMNJANOVIC teaches a communication method, comprising: receiving, by a first terminal apparatus, first configuration information from a network device, wherein the first configuration information indicates an identifier of a second terminal apparatus and information about a first UL grant supported by the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.).; and transmitting, by the first terminal apparatus, uplink data to the network device on the first UL grant and a second UL grant that is supported by the first terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.). Wang further teaches transmitting, by the first terminal apparatus, uplink data to the network device on different frequency bands (Wang, Fig. 2 and paragraphs 30, 32.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in DAMNJANOVIC with transmitting, by the first terminal apparatus, uplink data to the network device on different frequency bands taught in Wang therefore enjoys the benefits of an MIMO system. [Wang: paragraph 41]. For claim 2, DAMNJANOVIC and Wang further teach the method according to claim 1, further comprising: sending to the network device, by the first terminal apparatus, the identifier of the second terminal apparatus, information about a frequency band combination supported by the first terminal apparatus, and/or the information about the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 3, DAMNJANOVIC and Wang further teach the method according to claim 1, further comprising: sending, by the first terminal apparatus, first information to the network device, wherein the first information comprises at least one of the following: information about a frequency band combination supported by the first terminal apparatus, the identifier of the second terminal apparatus and information about a frequency band supported by the second terminal apparatus, an identifier of a third terminal apparatus and information about a frequency band supported by the third terminal apparatus, delay information between the first terminal apparatus and the second terminal apparatus, or delay information between the first terminal apparatus and the third terminal apparatus, wherein the frequency band supported by the second terminal apparatus comprises the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 4, DAMNJANOVIC and Wang further teach the method according to claim 2, further comprising: receiving, from the second terminal apparatus, by the first terminal apparatus, the identifier of the second terminal apparatus and/or the information about the frequency band supported by the second terminal apparatus from the second terminal apparatus, wherein the frequency band supported by the second terminal apparatus comprises the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 5, DAMNJANOVIC and Wang further the method according to claim 1, wherein the method further comprising: receiving, by the first terminal apparatus, first scheduling information from the network device, wherein the first scheduling information indicates the first terminal apparatus to send first data to the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.); and transmitting, by the first terminal apparatus, uplink data to the network device comprises: sending, by the first terminal apparatus, the first data to the second terminal apparatus, wherein the first data is to be sent to the network device on the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 6, DAMNJANOVIC and Wang further teach the method according to claim 5, wherein the first scheduling information comprises the identifier of the second terminal apparatus and/or an identifier of the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109.). For claim 7, DAMNJANOVIC and Wang further teach the method according to claim 5, wherein the first data comprises information for identifying the first data (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 8, DAMNJANOVIC an apparatus (DAMNJANOVIC, Fig. 5 item 505), comprising: at least one processor (DAMNJANOVIC, Fig. 2 item 280), and a memory (DAMNJANOVIC, Fig. 2 item 282) storing instructions for execution by the at least one processor, wherein, when executed, the instructions cause the apparatus to perform operations comprising: receiving first configuration information from a network device wherein the first configuration information indicates an identifier of a second terminal apparatus and information about a first UL grant supported by the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.).; and transmitting uplink data to the network device on the first UL grant and a second UL grant that is supported by the first terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.). Wang further teaches transmitting, by the first terminal apparatus, uplink data to the network device on different frequency bands (Wang, Fig. 2 and paragraphs 30, 32.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in DAMNJANOVIC with transmitting, by the first terminal apparatus, uplink data to the network device on different frequency bands taught in Wang therefore enjoys the benefits of an MIMO system. [Wang: paragraph 41]. For claim 9, DAMNJANOVIC and Wang further teach the apparatus according to claim 8, wherein, when executed, the instructions cause the apparatus to perform further operations comprising: sending to the network device, the identifier of the second terminal apparatus, information about a frequency band combination supported by the apparatus, and/or the information about the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 10, DAMNJANOVIC and Wang further teach the apparatus according to claim 8, wherein, when executed, the instructions cause the apparatus to perform further operations comprising: sending first information to the network device, wherein the first information comprises at least one of the following: information about a frequency band combination supported by the apparatus, the identifier of the second terminal apparatus and information about a frequency band supported by the second terminal apparatus, an identifier of a third terminal apparatus and information about a frequency band supported by the third terminal apparatus, delay information between apparatus and the second terminal apparatus, or delay information between the apparatus and the third terminal apparatus, wherein the frequency band supported by the second terminal apparatus comprises the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 11, DAMNJANOVIC and Wang further teach the apparatus according to claim 9, wherein, when executed, the instructions cause the apparatus to perform further operations comprising: receiving, from the second terminal apparatus, the identifier of the second terminal apparatus and/or the information about the frequency band supported by the second terminal apparatus, wherein the frequency band supported by the second terminal apparatus comprises the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 12, DAMNJANOVIC and Wang further the apparatus according to claim 8, wherein, when executed, the instructions cause the apparatus to perform further operations comprising: receiving, by the apparatus, first scheduling information from the network device, wherein the first scheduling information indicates the apparatus to send first data to the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.); and transmitting, by the apparatus, uplink data to the network device comprises: sending, by the apparatus, the first data to the second terminal apparatus, wherein the first data is to be sent to the network device on the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 13, DAMNJANOVIC and Wang further teach the apparatus according to claim 12, wherein the first scheduling information comprises the identifier of the second terminal apparatus and/or an identifier of the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109.). For claim 14, DAMNJANOVIC and Wang further teach the apparatus according to claim 12, wherein the first data comprises information for identifying the first data (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 15, DAMNJANOVIC teaches an apparatus (DAMNJANOVIC, Fig. 2 item 110), comprising: at least one processor (DAMNJANOVIC, Fig. 2 item 240), and a memory (DAMNJANOVIC, Fig. 2 item 242) storing instructions for execution by the at least one processor, wherein, when executed, the instructions cause the apparatus to perform operations comprising: sending first configuration information to a first terminal apparatus, wherein the first configuration information indicates an identifier of a second terminal apparatus and information about a first UL grant supported by the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.).; sending second configuration information to the second terminal apparatus, wherein the second configuration information is for configuring the first UL grant supported by the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.); and receiving, from the first terminal apparatus, data sent in an uplink data transmission performed on the first UL grant supported by the second terminal device and a second UL grant supported by the first terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.). Wang further teaches transmitting, by the first terminal apparatus, uplink data to the network device on different frequency bands (Wang, Fig. 2 and paragraphs 30, 32.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in DAMNJANOVIC with transmitting, by the first terminal apparatus, uplink data to the network device on different frequency bands taught in Wang therefore enjoys the benefits of an MIMO system. [Wang: paragraph 41]. For claim 16, DAMNJANOVIC and Wang further teach the apparatus according to claim 15, wherein, when executed, the instructions cause the apparatus to perform further operations comprising: receiving, from the first terminal apparatus, the identifier of the second terminal apparatus, information about a frequency band combination supported by the first terminal apparatus, and/or the information about the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 17, DAMNJANOVIC and Wang further teach the apparatus according to claim 16, wherein, when executed, the instructions cause the apparatus to perform further operations comprising: receiving first information from the first terminal apparatus; and determining, based on the first information, that the first terminal apparatus transmits uplink data to the apparatus on the first frequency band and the second frequency band, wherein the first information comprises at least one of the following: information about a frequency band combination supported by the first terminal apparatus, the identifier of the second terminal apparatus and information about a frequency band supported by the second terminal apparatus, an identifier of a third terminal apparatus and information about a frequency band supported by the third terminal apparatus, delay information between the first terminal apparatus and the second terminal apparatus, or delay information between the first terminal apparatus and the third terminal apparatus, wherein the frequency band supported by the second terminal apparatus comprises the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 18, DAMNJANOVIC and Wang further the apparatus according to claim 15, wherein, when executed, the instructions cause the apparatus to perform further operations comprising: sending first scheduling information to the first terminal apparatus, wherein the first scheduling information indicates the first terminal apparatus to send first data to the second terminal apparatus; and sending second scheduling information to the second terminal apparatus, wherein the second scheduling information indicates the second terminal apparatus to send second data to the apparatus on the first frequency band, the second data is determined based on the first data, and the first data is sent by the first terminal apparatus to the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109.); and receiving from the first terminal apparatus, data sent in the uplink data transmission comprises: receiving the second data from the second terminal apparatus (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). For claim 19, DAMNJANOVIC and Wang further teach the apparatus according to claim 18, wherein the first scheduling information comprises the identifier of the second terminal apparatus and/or an identifier of the first frequency band (DAMNJANOVIC, Fig. 8 and paragraph 109.). For claim 20, DAMNJANOVIC and Wang further teach the apparatus according to claim 18, wherein, when executed, the instructions cause the apparatus to perform operations comprising: receiving third data sent by the second terminal apparatus on the first frequency band, wherein the third data is data of the second terminal apparatus, and a time domain resource of the third data is different from a time domain resource of the second data (DAMNJANOVIC, Fig. 8 and paragraph 109. Wang, Fig. 2 and paragraphs 30, 32.). Conclusion 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILL W LIN whose telephone number is (571)272-8749. The examiner can normally be reached M-F 8:00-5:00. 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, Charles Jiang can be reached at 571-270-7191. 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. /WILL W LIN/Primary Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Feb 23, 2024
Application Filed
May 23, 2024
Response after Non-Final Action
Apr 04, 2026
Non-Final Rejection — §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
94%
Grant Probability
99%
With Interview (+5.5%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 477 resolved cases by this examiner. Grant probability derived from career allow rate.

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