Prosecution Insights
Last updated: May 29, 2026
Application No. 18/589,751

COMMUNICATION METHOD AND APPARATUS

Final Rejection §102§103
Filed
Feb 28, 2024
Priority
Aug 30, 2021 — CN 202111001642.X +1 more
Examiner
SOROWAR, GOLAM
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
721 granted / 887 resolved
+19.3% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
928
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
86.2%
+46.2% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 887 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 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 1, 2, 4, 10-12, 15, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (US 20190230714, hereinafter “Liu”). Regarding claim 1, Liu discloses, sending, by a network device (see Fig. 1; Base station), a first message to a first terminal device (see Fig. 1, Terminal device), wherein the first message comprises information about a first resource, and the first resource is to be used to transmit a second message (The base station sends the resource configuration information to the terminal device when the terminal device is in an RRC connection state,[0134]);and when the network device receives the second message from the first terminal device by using the first resource (After the terminal device receives the resource configuration information, [ ... ], the terminal device selects, as a target resource, one access resource from the at least two access resources indicated by the resource configuration information [0139]….The terminal device sends an access signal to the base station by using a time-frequency resource in the target access resource [0143] and Fig. 1; Send an access signal in step 140), determining, by the network device, that the first terminal device is not faulty, wherein the second message indicates that the first terminal is not faulty (the base station receiving the second message, an access signal 140, from the UE implies that the UE is operational and not malfunctioning). Regarding claim 2, Liu discloses, Wherein the first resource comprises at least one of a time domain resource or a frequency domain resource (A base station generates resource configuration information of a terminal device.. each of the at least two access resources includes a time-frequency resource and a sequence corresponding to the time-frequency resource, [0131]). Regarding claim 4, Liu discloses, wherein the method further comprises: sending, by the network device, a third message to the first UE, wherein the third message is used to activate or deactivate a mechanism in which the first UE sends the second message to the network device by using the first resource (It should be noted that in some embodiments, the at least two access resources are valid for the terminal device only in the time window. Outside the time window, the at least two access resources may be invalid for the terminal device. For example, a sequence S1 is configured for the terminal device in the time window, and the sequence S1 may be configured for another terminal device outside the time window, and at this time, the sequence is invalid for the terminal device…. The base station sends the resource configuration information to the terminal device when the terminal device is in an RRC connection state, [0131]-[0135]). Regarding claim 10, Liu discloses, A communication method, comprising: receiving, by first terminal device (see Fig. 1, Terminal device), a first message from a network device (see Fig. 1; Base station), wherein the first message comprises information about a first resource, and the first resource is to be used to transmit a second message (The base station sends the resource configuration information to the terminal device when the terminal device is in an RRC connection state,[0134]); and sending, by the first terminal device, the second message to the network device by using the first resource (After the terminal device receives the resource configuration information, [ ... ], the terminal device selects, as a target resource, one access resource from the at least two access resources indicated by the resource configuration information [0139]….The terminal device sends an access signal to the base station by using a time-frequency resource in the target access resource [0143] and Fig. 1; Send an access signal in step 140), wherein the second message indicates that the first terminal device is not faulty (the base station receiving the second message, an access signal 140, from the UE implies that the UE is operational and not malfunctioning). Regarding claim 11, Liu discloses, Wherein the first resource comprises at least one of a time domain resource or a frequency domain resource (A base station generates resource configuration information of a terminal device.. each of the at least two access resources includes a time-frequency resource and a sequence corresponding to the time-frequency resource, [0131]). Regarding claim 12, Liu discloses, wherein the method further comprises: receiving, by the first UE, a third message from the network device, wherein the third message is used to activate or deactivate a mechanism in which the first UE sends the second message to the network device by using the first resource (It should be noted that in some embodiments, the at least two access resources are valid for the terminal device only in the time window. Outside the time window, the at least two access resources may be invalid for the terminal device. For example, a sequence S1 is configured for the terminal device in the time window, and the sequence S1 may be configured for another terminal device outside the time window, and at this time, the sequence is invalid for the terminal device…. The base station sends the resource configuration information to the terminal device when the terminal device is in an RRC connection state, [0131]-[0135]). Regarding claim 15, Liu discloses, An apparatus (see Fig. 1; Base station and Fig. 11), comprising: one or more processors (Fig. 11; processor 1110); and one or more memories coupled to the one or more processors and storing programming instructions for execution by the one or more processors (The memory 1130 may be configured to store code or the like executed by the processor 1110, [0258]) to cause the apparatus to perform a method comprising: sending a first message to a first terminal device (see Fig. 1, Terminal device), wherein the first message comprises information about a first resource for transmitting a second message (The base station sends the resource configuration information to the terminal device when the terminal device is in an RRC connection state,[0134]);and when the apparatus receives the second message from the first terminal device by using the first resource (After the terminal device receives the resource configuration information, [ ... ], the terminal device selects, as a target resource, one access resource from the at least two access resources indicated by the resource configuration information [0139]….The terminal device sends an access signal to the base station by using a time-frequency resource in the target access resource [0143] and Fig. 1; Send an access signal in step 140), determining, by the network device, that the first terminal device is not faulty, wherein the second message indicates that the first terminal is not faulty (the base station receiving the second message, an access signal 140, from the UE implies that the UE is operational and not malfunctioning). Regarding claim 16, Liu discloses, Wherein the first resource comprises a time domain resource or a frequency domain resource (A base station generates resource configuration information of a terminal device.. each of the at least two access resources includes a time-frequency resource and a sequence corresponding to the time-frequency resource, [0131]). Regarding claim 18, Liu discloses, sending a third message to the first UE, wherein the third message is used to activate or deactivate a mechanism in which the first UE sends the second message to the network device by using the first resource (It should be noted that in some embodiments, the at least two access resources are valid for the terminal device only in the time window. Outside the time window, the at least two access resources may be invalid for the terminal device. For example, a sequence S1 is configured for the terminal device in the time window, and the sequence S1 may be configured for another terminal device outside the time window, and at this time, the sequence is invalid for the terminal device…. The base station sends the resource configuration information to the terminal device when the terminal device is in an RRC connection state, [0131]-[0135]). 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. The factual inquiries 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. Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, and further in view of Prakash et al. (US 20200107339, hereinafter “Prakash”) Regarding claim 3, Liu discloses everything claimed as applied above (see claim 1), however Liu does not disclose, wherein the method further comprises: configuring, by the network device, the first resource based on at least one of survival time information, packet delay budget information, takeover delay information, or time division duplex information. In the same field of endeavor, Prakash discloses, wherein the method further comprises: configuring, by the network device, the first resource based on at least one of survival time information, packet delay budget information, takeover delay information, or time division duplex information (At 340, the base station 105-b may identify one or more variable delay budgets. For example, the base station 105-b may identify an uplink variable delay budget for uplink communications of the first latency type via the communication link based on the delay budget configuration… At 350, the base station 105-b may schedule a communication between the UE 115-b and the base station 105-b based on the first variable delay budget and the second variable delay budget, [0122]-[0124]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Liu, by specifically providing wherein the method further comprises: configuring, by the network device, the first resource based on at least one of survival time information, packet delay budget information, takeover delay information, or time division duplex information, as taught by Prakash by specifically providing an improved technique support a delay budget for low latency communication [0004]. Regarding claim 17, Liu discloses everything claimed as applied above (see claim 15), however Liu does not disclose, configuring, by the network device, the first resource based on at least one of survival time information, packet delay budget information, takeover delay information, or time division duplex information. In the same field of endeavor, Prakash discloses, configuring, by the network device, the first resource based on at least one of survival time information, packet delay budget information, takeover delay information, or time division duplex information (At 340, the base station 105-b may identify one or more variable delay budgets. For example, the base station 105-b may identify an uplink variable delay budget for uplink communications of the first latency type via the communication link based on the delay budget configuration… At 350, the base station 105-b may schedule a communication between the UE 115-b and the base station 105-b based on the first variable delay budget and the second variable delay budget, [0122]-[0124]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Liu, by specifically providing configuring, by the network device, the first resource based on at least one of survival time information, packet delay budget information, takeover delay information, or time division duplex information, as taught by Prakash by specifically providing an improved technique support a delay budget for low latency communication [0004]. Claims 5, 13, 14 and19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, and further in view of Liu et al. (US 20200112954, hereinafter “Liu2”). Regarding claim 5, Liu discloses everything claimed as applied above (see claim 1), however Liu does not disclose, wherein the method further comprises: when the first resource overlaps a second resource, sending, by the network device, a fourth message to the first UE, wherein the fourth message indicates the first UE to cancel sending the second message to the network device by using the first resource, and the second resource is used by the first UE to transmit data. In the same field of endeavor, Liu2 discloses, wherein the method further comprises: when the first resource overlaps a second resource, sending, by the network device, a fourth message to the first UE, wherein the fourth message indicates the first UE to cancel sending the second message to the network device by using the first resource, and the second resource is used by the first UE to transmit data ( the first network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the second network device based on the second frequency point on the overlapping time domain resource. Optionally, the second network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the first network device based on the first frequency point on the overlapping time domain resource, [0120]-[0123]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Liu by specifically providing wherein the method further comprises: when the first resource overlaps a second resource, sending, by the network device, a fourth message to the first UE, wherein the fourth message indicates the first UE to cancel sending the second message to the network device by using the first resource, and the second resource is used by the first UE to transmit data, as taught by Liu2 for the purpose of effectively transmit data based on different frequency points without increasing the hardware cost and power consumption of the terminal device [0072]. Regarding claim 13, Liu discloses everything claimed as applied above (see claim 10), however Liu does not disclose, wherein the method further comprises: when the first resource overlaps a second resource, canceling, by the first UE, sending the second message to the network device by using the first resource, wherein the second resource is used by the first UE to transmit data.. In the same field of endeavor, Liu2 discloses, wherein the method further comprises: wherein the method further comprises: when the first resource overlaps a second resource, canceling, by the first UE, sending the second message to the network device by using the first resource, wherein the second resource is used by the first UE to transmit data (the first network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the second network device based on the second frequency point on the overlapping time domain resource. Optionally, the second network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the first network device based on the first frequency point on the overlapping time domain resource, [0120]-[0123]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Liu by specifically providing wherein the method further comprises: when the first resource overlaps a second resource, canceling, by the first UE, sending the second message to the network device by using the first resource, wherein the second resource is used by the first UE to transmit data, as taught by Liu2 for the purpose of effectively transmit data based on different frequency points without increasing the hardware cost and power consumption of the terminal device [0072]. Regarding claim 14, the combination of Liu and Liu2 discloses everything claimed as applied above (see claim 13), in addition Liu2 discloses, wherein the method further comprises: receiving, by the first UE, a fourth message from the network device, wherein the fourth message indicates the first UE to cancel sending the second message (the first network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the second network device based on the second frequency point on the overlapping time domain resource. Optionally, the second network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the first network device based on the first frequency point on the overlapping time domain resource, [0120]-[0123]). Regarding claim 19, Liu discloses everything claimed as applied above (see claim 15), however Liu does not disclose, wherein the method further comprises: when the first resource overlaps a second resource, sending, by the network device, a fourth message to the first UE, wherein the fourth message indicates the first UE to cancel sending the second message to the network device by using the first resource, and the second resource is used by the first UE to transmit data. In the same field of endeavor, Liu2 discloses, wherein the method further comprises: when the first resource overlaps a second resource, sending, by the network device, a fourth message to the first UE, wherein the fourth message indicates the first UE to cancel sending the second message to the network device by using the first resource, and the second resource is used by the first UE to transmit data ( the first network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the second network device based on the second frequency point on the overlapping time domain resource. Optionally, the second network device may not schedule the data transmission of the terminal device in the overlapping area, but the terminal device performs data transmission with the first network device based on the first frequency point on the overlapping time domain resource, [0120]-[0123]). Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify Liu by specifically providing wherein the method further comprises: when the first resource overlaps a second resource, sending, by the network device, a fourth message to the first UE, wherein the fourth message indicates the first UE to cancel sending the second message to the network device by using the first resource, and the second resource is used by the first UE to transmit data, as taught by Liu2 for the purpose of effectively transmit data based on different frequency points without increasing the hardware cost and power consumption of the terminal device [0072]. Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, and further in view of Proctor, JR. (US 20150245352, hereinafter “Proctor”). Regarding claim 6, Liu discloses everything claimed as applied above (see claim 1), however Liu does not disclose, wherein the method further comprises: when the network device does not receive the second message and/or data from the first UE by using the first resource, determining, by the network device, that the first UE is faulty. In the same field of endeavor, Proctor discloses, wherein the method further comprises: when the network device does not receive the second message and/or data from the first UE by using the first resource, determining, by the network device, that the first UE is faulty (the base station 25 samples mutually exclusive code channels 55H, 55R in time slots designated for request indications, such as in time slots at sampling times 195b, 195d, and 195f. During these time slots, the heartbeat channel 55H is "inactive," but the request channel 55R is "active"….detection may be based solely on the respective energy levels of the heartbeat and heartbeat-with-request signals in respective time slots over a given time interval or spanning several time intervals. In one particular embodiment, the `control hold` state 165 indication has a first energy level, and the `request to go active` state 170 has a second energy level, [0044]-[0047]). Therefore, it would have been obvious to one of ordinary skill in art before effective filing date of the claimed invention to modify Liu by specifically providing wherein the method further comprises: when the network device does not receive the second message and/or data from the first UE by using the first resource, determining, by the network device, that the first UE is faulty, as taught by proctor for the purpose of improving performance of detecting the markers by having the field units transmit the markers at different power levels [0015]. Regarding claim 20, Liu discloses everything claimed as applied above (see claim 15), however Liu does not disclose, wherein the method further comprises: when the network device does not receive the second message and/or data from the first UE by using the first resource, determining, by the network device, that the first UE is faulty. In the same field of endeavor, Proctor discloses, wherein the method further comprises: when the network device does not receive the second message and/or data from the first UE by using the first resource, determining, by the network device, that the first UE is faulty (the base station 25 samples mutually exclusive code channels 55H, 55R in time slots designated for request indications, such as in time slots at sampling times 195b, 195d, and 195f. During these time slots, the heartbeat channel 55H is "inactive," but the request channel 55R is "active"….detection may be based solely on the respective energy levels of the heartbeat and heartbeat-with-request signals in respective time slots over a given time interval or spanning several time intervals. In one particular embodiment, the `control hold` state 165 indication has a first energy level, and the `request to go active` state 170 has a second energy level, [0044]-[0047]). Therefore, it would have been obvious to one of ordinary skill in art before effective filing date of the claimed invention to modify Liu by specifically providing wherein the method further comprises: when the network device does not receive the second message and/or data from the first UE by using the first resource, determining, by the network device, that the first UE is faulty, as taught by proctor for the purpose of improving performance of detecting the markers by having the field units transmit the markers at different power levels [0015]. Claim 7-9 rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Proctor and further in view of Yu et al. (US 20180324642, hereinafter “Yu”). Regarding claim 7, the combination of Liu and Proctor discloses everything claimed as applied above (see claim 6), however the combination of Liu and Proctor does not disclose, wherein the method further comprises: sending, by the network device, a fifth message to second UE, wherein the fifth message indicates the second UE to start data transmission with the network device; and performing, by the network device, data transmission with the second UE. In the same field of endeavor, Yu discloses,: sending, by the network device, a fifth message to second UE, wherein the fifth message indicates the second UE to start data transmission with the network device; and performing, by the network device, data transmission with the second UE (capabilities for duplicating packets may be indicated as a bearer type in control signaling. In some examples, capabilities for duplicating packets may be indicated as a PDCP mode in control signaling. In some examples, capabilities for duplicating packets may be indicated by RRC, [0164]-[0166]). Therefore, it would have been obvious to one of ordinary skill in art before effective filing date of the claimed invention to modify the combination of Liu and Proctor by specifically providing wherein the method further comprises: sending, by the network device, a fifth message to second UE, wherein the fifth message indicates the second UE to start data transmission with the network device; and performing, by the network device, data transmission with the second UE, as taught by Yu for the purpose of improve efficient use of communication resources [0110]. Regarding claim 8, the combination of Liu, Proctor and Yu discloses everything claimed as applied above (see claim 7), in addition Yu discloses, wherein the fifth message further indicates information about a start data packet of the data transmission (The RLC entities of base station 505 may then perform data packet transmission and/or reception in association with the established data connection corresponding to UE 510. In some cases, reestablishment of the RLC entities may include initiation of PDCP packet duplication activation, including duplicated packet transmission over each of the RLC entities associated with the reestablishment, [0176]-[01178]). Regarding claim 9, the combination of Liu, Proctor and Yu discloses everything claimed as applied above (see claim 8), in addition Yu discloses, wherein the information about the start data packet of the data transmission comprises at least one of a data radio bearer identifier, a logical channel identifier, or a sequence number (PDCP sequence number, [0231]). Prior Art of the Record: The prior art made of record not relied upon and considered pertinent to Applicant’s disclosure: EP 4557845: According to a first aspect, this application provides a communication method. The method is applicable to a terminal device or a chip in a terminal device. The following uses an example in which the terminal device performs the method for description. The terminal device has obtained a first timing advance TA for communicating with a first transmission reception point TRP. US 11943064: Methods and devices for transmission of feedback information and methods and devices for data retransmission are provided. A method for transmission of feedback information includes the following. A second terminal device send first data to a first terminal device through device to device (D2D) communication. US 20240057168: Implementations of the disclosure provide a method and apparatus for determining a transmission reception point (TRP), to solve the problem that a network device is unable to determine a TRP with beam failure in a multi-transmission and reception point (M-TRP) scene. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM SOROWAR whose telephone number is (571)270-3761. The examiner can normally be reached Mon-Fri: 8:30AM-5PM. 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 Appiah can be reached at (571) 272-7904. 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. /GOLAM SOROWAR/Primary Examiner, Art Unit 2641
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Prosecution Timeline

Feb 28, 2024
Application Filed
Feb 24, 2025
Response after Non-Final Action
Feb 04, 2026
Non-Final Rejection mailed — §102, §103
Mar 23, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §102, §103 (current)

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