Prosecution Insights
Last updated: October 02, 2026
Application No. 18/585,512

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Feb 23, 2024
Priority
Aug 25, 2021 — CN 202110982180.8 +2 more
Examiner
EBRAHIM, ANEZ C
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
3m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
651 granted / 785 resolved
+24.9% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
809
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 785 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 1. This communication is response to the application filed 1/28/2025 havingclaims 21-40 pending and presented for examination, claims 1-20 are cancelled. Priority 2. Application filed on 02/23/2024 is a CON of PCT/CN2022/111533 08/10/2022 FOREIGN APPLICATIONS CHINA 202110982180.8 08/25/2021 CHINA 202111277521.8 10/30/2021 are acknowledged. Drawings 3. The drawings were received on 02/23/2024 and these drawings are accepted. 4. Information Disclosure Statement The information disclosure statement (IDS) submitted on 1/28/2025, 1/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Oath/Declaration 4. The Oath/Declaration filed on 02/23/2024 is accepted by the examiner. 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)(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. Claims 31-33, 38-40 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US Publication US 20110211572 A1 Campion et al. (Hereinafter “Campion "). As per claim 31, Campion teaches a method, applied to a first network device, wherein the method comprises: receiving a first message, wherein the first message requests to establish a first protocol data unit (PDU) session for a first terminal device, ( para 0040-0042], fig 4-5, receiving at 114 a first message, wherein the first message requests to establish a first protocol data unit (PDU) session for a first terminal device 506 an IP phone to establish a first protocol data unit (PDU) session for a first terminal device), the first message further comprises an identifier of a second terminal device, and an identifier of a second PDU session, the second terminal device is different from the first terminal device and the second PDU session is a PDU session of the second terminal device, (para 0040-0042], fig 4-5, wherein the first message comprises an identifier of a second terminal device, the second terminal device is different from the first terminal device, such as UE and an identifier of a second PDU session associated with a user device and connection request and the second PDU session is a PDU session of the second terminal device,).; and selecting a second network device for the first PDU session based on the identifier of the second terminal device, and the identifier of the second PDU session, wherein the second network device is a network device serving the second PDU session (( para 0040-0042], fig 4-5, device 114 selecting a second network device 116 for the first PDU session based on the identifier of the second terminal device, wherein the second network device 116 is a network device serving the second PDU session to the second terminal wherein first terminal and second terminal are different IP terminals). As per claim 32, Campion teaches the method of claim 31, wherein the method further comprises: sending a second message to the first terminal device, , wherein the second message comprises information for accepting establishment of the first PDU session (para 0040-0042], fig 4-5,, sending a second message to the first terminal device, , wherein the second message comprises information for accepting establishment of the first PDU session). As per claim 33, Campion teaches the method of claim 31, wherein the first message comprises a first parameter, and the first parameter indicates that the first PDU session that the first terminal device, requests to establish is a PDU session having an association relationship(( para 0040-0042], fig 4-5, based on the parameter received such as the session and user Voip call information that the first terminal device, requests to establish is a PDU session having an association relationship).. As per claim 38, Campion teaches a first network device, comprising: one or more processors; and a memory, wherein the memory is configured to store one or more computer programs, the one or more computer programs comprise computer-executable instructions, and when the computer-executable instructions are run, the first network device executes the following steps: receiving a first message, wherein the first message requests to establish a first protocol data unit (PDU) session for a first terminal device, ( ( para 0040-0042], fig 4-5, receiving at 114 a first message, wherein the first message requests to establish a first protocol data unit (PDU) session for a first terminal device 506 an IP phone to establish a first protocol data unit (PDU) session for a first terminal device, ), the first message further comprises an identifier of a second terminal device, and an identifier of a second PDU session, the second terminal device is different from the first terminal device, and the second PDU session is a PDU session of the second terminal device, ( para 0040-0042], fig 4-5, wherein the first message comprises an identifier of a second terminal device, the second terminal device is different from the first terminal device, such as UE and an identifier of a second PDU session associated with a user device and connection request and the second PDU session is a PDU session of the second terminal device, ); and selecting a second network device for the first PDU session based on the identifier of the second terminal device, and the identifier of the second PDU session, wherein the second network device is a network device serving the second PDU session ( para 0040-0042], fig 4-5, device 114 selecting a second network device 116 for the first PDU session based on the identifier of the second terminal device, wherein the second network device 116 is a network device serving the second PDU session to the second terminal wherein first terminal and second terminal are different IP terminals). As per claim 39, Campion teaches the first network device of claim 38, wherein when the computer-executable instructions are run, the first network device further executes the following steps: sending a second message to the first terminal device, , wherein the second message comprises information for accepting establishment of the first PDU session (para 0040-0042], fig 4-5,, sending a second message to the first terminal device, , wherein the second message comprises information for accepting establishment of the first PDU session). As per claim 40, Campion teaches the first network device of claim 38, wherein the first message comprises a first parameter, and the first parameter indicates that the first PDU session that the first terminal device, requests to establish is a PDU session having an association relationship(( para 0040-0042], fig 4-5,, sending a second message to the first terminal device, , wherein the second message comprises information for accepting establishment of the first PDU session). Claim Rejections - 35 USC § 103 1. 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. 2. 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. 3. 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 35 U.S.C. 103 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. 4. 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. 5. Claim(s) 21-26, 30, 34-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Publication US 20210212160 A1 VELEV et al(Hereinafter “VELEV ") further view of US PG Pub US 20230039791 A1 to PALADUGU et al (hereinafter PALADUGU). As per claim 21, VELEV teaches a method, applied to a first terminal device, , wherein the method comprises: sending by the first terminal device a first message to a first network device, wherein the first message requests to establish a first protocol data unit (PDU) session for the first terminal device- (para 0246, 0173-0175], fig 11,12, CCNF sending a first message wherein the message includes session for the first terminal device, SMF2 ), the first message further comprises an identifier of a second terminal device, and an identifier of a second PDU session, the second terminal device is different from the first terminal device the second PDU session is a PDU session of the second terminal device, ( para 0009, 0173-0175], fig 11,12, message includes UE identifier and session identifier from the second PDU session from UE, the second PDU session is a PDU session of the second terminal device, ), and a first network device selects a second network device based on the identifier of the second terminal device, and the identifier of the second PDU session, or the first network device establishes an association relationship between the first PDU session and the second PDU session based on the identifier of the second terminal device, and the identifier of the second PDU session( para 0009, 0173-0175], fig 11,12, a SMF2 selects a second network device based on the identifier of the second terminal device, and the identifier of the second PDU session); and receiving a second message from the first network device, wherein the second message comprises information for accepting establishment of the first PDU session ( ( para 0246, 0173-0175], fig 11,12, receiving a second message from the SMF2 wherein the second message comprises information for accepting establishment of the first PDU session by activating). PALADUGU receiving, by the first terminal device, information about a first service from a second terminal device, wherein the first service is a service that is to be transferred from the second terminal device to a target terminal device, and the target terminal device comprises the first terminal device, or comprises the second terminal device and the first terminal device (para 0108-0111, fig 6, receiving by remote UE information about a service from a relay UE terminal, regarding network be transferred from the second terminal device to a remote and target device is the remote UE); Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the combination system of VELEV by receiving, by the first terminal device, information about a first service from a second terminal device, wherein the first service is a service that is to be transferred from the second terminal device to a target terminal device, and the target terminal device comprises the first terminal device, or comprises the second terminal device and the first terminal device as suggested by PALADUGU, this modification would benefit VELEV for enabling a efficient data transfer in a mobile communication network. As per claim 22, VELEV, PALADUGU teaches the method of claim 21, wherein the first message further comprises a session establishment request message, and wherein: the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the session establishment request message; the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the first message and are not comprised in the session establishment request message; or the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the session establishment request message and are comprised in bearer space other than the session establishment request message in the first message (para 0246, 0173-0175], fig 11,12, the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the first message and are not comprised in the session establishment request message). As per claim 23, VELEV, PALADUGU teaches the method of claim 21, wherein: the first message comprises a first parameter, and the first parameter indicates that the first PDU session that the first terminal device, requests to establish is a PDU session having an association relationship (( para 0246, 0173-0175], fig 11,12, based on the parameter received such as the session and user id, PDU session that the first terminal device, requests to establish is a PDU session having an association relationship). As per claim 24, VELEV, PALADUGU teaches the method of claim 21, wherein: the second message further comprises a second parameter, the second parameter indicates a manner of performing data processing on a PDU session, the manner of performing data processing comprises transferring service data between the first PDU session and the second PDU session, or transmitting service data in the first PDU session and the second PDU session ((( para 0246, 0173-0175], fig 11,12, transferring service data between the first PDU session and the second PDU session, or transmitting service data in the first PDU session and the second PDU session); and data processing is performable between PDU sessions having an association relationship(( para 0246, 0173-0175], fig 11,12, based on the parameter received such as the session and user id, PDU session that the first terminal device, requests to establish is a PDU session having an association relationship).. As per claim 25, VELEV, PALADUGU teaches the method of claim 21, wherein the method further comprises: receiving the identifier of the second terminal device, and the identifier of the second PDU session from the second terminal device, (( para 0246, 0173-0175], receiving the identifier of the second terminal device, and the identifier of the second PDU session from the second terminal device, ). As per claim 26, VELEV, PALADUGU teaches the method of claim 21, wherein the method further comprises: receiving information about a first service from the second terminal device, , wherein the first service is a service that is to be transferred from the second terminal device, to a target terminal device, , and the target terminal device, comprises the first terminal device, , or comprises the second terminal device, and the first terminal device, ((( para 0246, 0173-0175], fig 11,12, be transferred from the second terminal device, to a target terminal device, , and the target terminal device, comprises the first terminal device, ). As per claim 30, VELEV, PALADUGU teaches the method of claim 21, wherein the method further comprises: receiving a connection parameter from the second terminal device, , wherein the connection parameter comprises slice information that corresponds to the second PDU session or a data network name (DNN) that corresponds to the second PDU session (para 0246], receiving a connection parameter from the second terminal device, , wherein the connection parameter comprises slice information that corresponds to the second PDU session). As per claim 34, VELEV teaches a first terminal device, , comprising: one or more processors; and a memory, wherein the memory is configured to store one or more computer programs, the one or more computer programs comprise computer-executable instructions, and when the computer-executable instructions are run, the first terminal device, executes the following steps: sending a first message, wherein the first message requests to establish a first protocol data unit (PDU) session for the first terminal device, (para 0246, 0173-0175], fig 11,12, CCNF sending a first message wherein the message includes session for the first terminal device, SMF2), the first message further comprises an identifier of a second terminal device, and an identifier of a second PDU session, the second PDU session is a PDU session of the second terminal device, ( para 0009, 0173-0175], fig 11,12, message includes UE identifier and session identifier from the second PDU session from UE, the second PDU session is a PDU session of the second terminal device,), and a first network device selects a second network device based on the identifier of the second terminal device, and the identifier of the second PDU session, or the first network device establishes an association relationship between the first PDU session and the second PDU session based on the identifier of the second terminal device, and the identifier of the second PDU session( para 0009, 0173-0175], fig 11,12, a SMF2 selects a second network device based on the identifier of the second terminal device, and the identifier of the second PDU session); and receiving a second message from the first network device, wherein the second message comprises information for accepting establishment of the first PDU session ( para 0246, 0173-0175], fig 11,12, receiving a second message from the SMF2 wherein the second message comprises information for accepting establishment of the first PDU session by activating). PALADUGU receiving, by the first terminal device, information about a first service from a second terminal device, wherein the first service is a service that is to be transferred from the second terminal device to a target terminal device, and the target terminal device comprises the first terminal device, or comprises the second terminal device and the first terminal device (para 0108-0111, fig 6, receiving by remote UE information about a service from a relay UE terminal, regarding network be transferred from the second terminal device to a remote and target device is the remote UE). Examiner supplies the same rationale as supplied in claim 21. As per claim 35, VELEV, PALADUGU teaches the first terminal device, of claim 34, wherein the first message further comprises a session establishment request message, wherein the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the session establishment request message; the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the first message and are not comprised in the session establishment request message; or the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the session establishment request message and are comprised in bearer space other than the session establishment request message in the first message(para 0246, 0173-0175], fig 11,12, the identifier of the second terminal device, and the identifier of the second PDU session are comprised in the first message and are not comprised in the session establishment request message).. As per claim 36, VELEV, PALADUGU teaches the first terminal device, of claim 34, wherein the first message comprises a first parameter, and the first parameter indicates that the first PDU session that the first terminal device, requests to establish is a PDU session having an association relationship(( para 0009, 0173-0175], fig 11,12, based on the parameter received such as the session and user id, PDU session that the first terminal device, requests to establish is a PDU session having an association relationship).. As per claim 37, VELEV, PALADUGU teaches the first terminal device, of claim 34, wherein: the second message further comprises a second parameter, the second parameter indicates a manner of performing data processing on a PDU session, the manner of performing data processing comprises transferring service data between the first PDU session and the second PDU session, or transmitting service data in the first PDU session and the second PDU session(( para 0246, 0173-0175], fig 11,12, transferring service data between the first PDU session and the second PDU session, or transmitting service data in the first PDU session and the second PDU session);; and data processing is performable between PDU sessions having an association relationship( para 0246, 0173-0175], fig 11,12, based on the parameter received such as the session and user id, PDU session that the first terminal device, requests to establish is a PDU session having an association relationship).. 5. Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over VELEV, PALADUGU further view of US PG Pub US 20220104308 A1 to Talebi et al (hereinafter Talebi ). As per claim 27, VELEV, PALADUGU teaches the method of claim 26, Talebi teaches wherein: the second message comprises quality of service (QOS) flow information that is configured by the second network device for the first terminal device, , and wherein the first service is transmitted based on the QoS flow information (para 0149], comprises quality of service (QOS) flow information that is configured by the second network device for the first terminal device, and QoS flow ID, QFI, may be employed to identify the QoS flow). 20220104308 Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the combination system of VELEV by quality of service (QOS) flow information that is configured by the second network device for the first terminal device, , and wherein the first service is transmitted based on the QoS flow information as suggested by Talebi , this modification would benefit VELEV for efficient data transfer process in a mobile communication system. As per claim 28, VELEV, PALADUGU teaches the method of claim 26, wherein the method further comprises: receiving a third message from the first network device, wherein the third message comprises QoS flow information that is configured by the second network device for the first terminal device, , and wherein the first service is transmitted based on the QoS flow information ((para 0153], rules for QoS control and charging for the traffic routed to the local data network and wherein the first service is transmitted based on the QoS flow information). Examiner supplies the same rationale as supplied in claim 27. As per claim 29, VELEV, PALADUGU teaches the method of claim 28, wherein the QoS flow information comprises an identifier of a QoS flow, and the identifier of the QoS flow is the same as or different from an identifier of a QoS flow of the first service transmitted by the second terminal device, (para 0149], the identifier of the QoS flow is the same as or different from an identifier of a QoS flow of the first service transmitted by the second terminal device, ). Examiner supplies the same rationale as supplied in claim 27. Response to Arguments Applicant’s arguments with respect to claim(s) 21-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that, "Nothing in Velev teaches or suggests that the activate session request carries an ID of a different UE or an ID of a PDU session belonging to a different UE. Therefore, Velev's activate session request cannot be interpretate as "the first message [that] comprises an identifier of the second terminal device and an identifier of a second PDU session, [where] the second terminal device is different from the first terminal device, [and] the second PDU session is a PDU session of the second terminal device," as recited in amended claim 21. Veley teaches para 0009, 0173-0175], fig 11,12, message includes UE identifier and session identifier from the second PDU session from UE, the second PDU session is a PDU session of the second terminal device. Conclusion Prior arts made of record, not relied upon: US Patent Publication US 20230074899 A1; US Patent Publication US 20200092685 A1, US Patent Publication US 20220330352 A1 Applicant's amendment necessitated the new ground(s) of rejection presented inthis Office action. THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANEZ EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached on M-F 8 AM to 5 PM If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on (571) 272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANEZ C EBRAHIM/Primary Examiner, Art Unit 2467
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Prosecution Timeline

Feb 23, 2024
Application Filed
Mar 17, 2026
Non-Final Rejection mailed — §102, §103
May 29, 2026
Response Filed
Aug 17, 2026
Final Rejection mailed — §102, §103
Sep 15, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
83%
Grant Probability
91%
With Interview (+8.1%)
2y 10m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 785 resolved cases by this examiner. Grant probability derived from career allowance rate.

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