Prosecution Insights
Last updated: April 19, 2026
Application No. 18/589,880

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§112
Filed
Feb 28, 2024
Examiner
ANSARI, NAJEEBUDDIN
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
4y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
289 granted / 458 resolved
+5.1% vs TC avg
Strong +59% interview lift
Without
With
+58.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 4m
Avg Prosecution
38 currently pending
Career history
496
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 458 resolved cases

Office Action

§102 §112
DETAILED ACTION In response to communications filed 06/12/2024. Claims NNN are amended. Claims NNN are added. Claims NNN are canceled. Claims 1-20 are pending for examination. Claims NNN stand rejected. 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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 13-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 13 teaches a communication apparatus (line 1) and further teaches a terminal (line 7). It is unclear and/or indefinite as to whether the claimed terminal is in reference to the communication apparatus since the terminal device itself is the element which sends indication information (to a network node) and further receives an RRC message for configuring an SRB2 throughout the instant specification (Figs. 3-11). For the sake of compact prosecution, Examiner assumes the terminal is in reference to the communication apparatus however requests further explanation and/or amendments in a future response to overcome the current rejection. Claims 14-18 are also rejected based on their dependency of rejected claim 13. 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 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. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (US 2024/0214457 A1) hereinafter “Li.” Regarding Claim 1, Li teaches A communication method, wherein the method comprises: sending, indication information (Li: paragraphs 0078-0079 & Fig. 5, transmitting a first message used to generate first configuration information), wherein the indication information indicates at least one of the following: positioning (Li: paragraphs 0075, 0079-0080 & Figs. 4-5, positioning related information), a terminal type (Li: paragraphs 0082 & 0087-0088, transmission mode), or signaling transmission (Li: paragraphs 0078-0081 & Fig. 5, configuration for a Signaling Radio Bearer (SRB) or a Data Radio Bearer (DRB)); and receiving, a radio resource control (RRC) message (Li: paragraph 0081 & Fig. 5, receiving first configuration by RRC Message), wherein the RRC message is used for configuring a signaling radio bearer (SRB) 2 (Li: paragraphs 0081-0081 & Fig. 5, Signaling Radio Bearer (SRB2) based on if the radio bearer for transmitting the first message is an SRB) for a terminal (Li: paragraph 0078 & Fig. 5, user equipment (UE); see also paragraph 0230 & Fig. 13, user equipment) and not configuring a data radio bearer (DRB) (Li: paragraphs 0081-0081 & Fig. 5, said receiving of SRB configuration only (instead of DRB), thus configuring SRB based on the first message indicating SRB and not DRB; see also paragraphs 0081-0081 & Fig. 5). Regarding Claim 2, Li teaches the respective claim(s) as presented above and further teaches wherein when the indication information indicates positioning, the indication information comprises at least one of the following: positioning, positioning-signaling, a positioning service, or positioning service signaling (Li: paragraph 0082, positioning related information). Regarding Claim 3, Li teaches the respective claim(s) as presented above and further teaches wherein the terminal type comprises a positioning terminal and when the indication information indicates that the terminal type is the positioning terminal, the indication information further comprises at least one of the following: a positioning-node indication or a positioning indication (Li: paragraph 0082, positioning related information). Regarding Claim 4, Li teaches the respective claim(s) as presented above and further teaches wherein the terminal type comprises a terminal performing signaling transmission and when the indication information indicates that the terminal type is the terminal performing signaling transmission, the indication information further comprises at least one of the following: a signaling node indication or a signaling only-node indication (Li: paragraphs 0081-0081 & Fig. 5, Signaling Radio Bearer (SRB2) based on if the radio bearer for transmitting the first message is an SRB) Regarding Claim 5, Li teaches the respective claim(s) as presented above and further teaches wherein, when the indication information indicates signaling transmission, the indication information comprises at least one of the following: signaling, signaling-only, or control-signaling (Li: paragraphs 0082 & 0087-0088, transmission mode (i.e. SRBx to indicate positioning SRB, SRB-Pos and/or pos-SRB)), Regarding Claim 6. The method according to claim 1, wherein the indication information is comprised in an RRC setup request message (Li: paragraph 0081, the RRC message may be an RRC setup message), and the indication information is an establishment (Li: paragraph 0081, configuration information used to establish a bearer) cause; the indication information is comprised in an RRC resume request message (Li: paragraph 0081, RRC resume message), and the indication information is a resume cause (Li: paragraph 0123, resume cause); the indication information is comprised in an RRC setup complete message; or the indication information is comprised in an RRC resume complete message (Li: paragraph 0068, RRC resume complete message). Regarding Claim 7, Li teaches A communication method, wherein the method comprises: receiving indication information (Li: paragraphs 0078-0079 & Fig. 5, receiving a first message used to generate first configuration information), wherein the indication information indicates at least one of the following: positioning (Li: paragraphs 0075, 0079-0080 & Figs. 4-5, positioning related information), a terminal type (Li: paragraphs 0082 & 0087-0088, transmission mode), or signaling transmission (Li: paragraphs 0078-0081 & Fig. 5, configuration for a Signaling Radio Bearer (SRB) or a Data Radio Bearer (DRB)); and sending a radio resource control (RRC) message (Li: paragraph 0081 & Fig. 5, sending first configuration by RRC Message), wherein the RRC message is used for configuring a signaling radio bearer (SRB) 2 (Li: paragraphs 0081-0081 & Fig. 5, Signaling Radio Bearer (SRB2) based on if the radio bearer for transmitting the first message is an SRB) for a terminal (Li: paragraph 0078 & Fig. 5, user equipment (UE); see also paragraph 0230 & Fig. 13, user equipment) and not configuring a data radio bearer (DRB) (Li: paragraphs 0081-0081 & Fig. 5, said receiving of SRB configuration only (instead of DRB), thus configuring SRB based on the first message indicating SRB and not DRB; see also paragraphs 0081-0081 & Fig. 5). Regarding Claim 8, Li teaches the respective claim(s) as presented above and further teaches wherein when the indication information indicates positioning, the indication information comprises at least one of the following: positioning, positioning-signaling, a positioning service, or positioning service signaling (Li: paragraph 0082, positioning related information). Regarding Claim 9, Li teaches the respective claim(s) as presented above and further teaches wherein the terminal type comprises a positioning terminal and when the indication information indicates that the terminal type is the positioning terminal, the indication information further comprises at least one of the following: a positioning-node indication or a positioning indication (Li: paragraph 0082, positioning related information). Regarding Claim 10, Li teaches the respective claim(s) as presented above and further teaches wherein the terminal type comprises a terminal performing signaling transmission and when the indication information indicates that the terminal type is a terminal performing signaling transmission, the indication information comprises at least one of the following: a signaling node indication or a signaling only-node indication (Li: paragraphs 0081-0081 & Fig. 5, Signaling Radio Bearer (SRB2) based on if the radio bearer for transmitting the first message is an SRB). Regarding Claim 11, Li teaches the respective claim(s) as presented above and further teaches wherein when the indication information indicates signaling transmission, the indication information comprises at least one of the following: signaling, signaling-only, or control-signaling (Li: paragraphs 0082 & 0087-0088, transmission mode (i.e. SRBx to indicate positioning SRB, SRB-Pos and/or pos-SRB)), Regarding Claim 12, Li teaches the respective claim(s) as presented above and further teaches wherein, the indication information is comprised in an RRC setup request message (Li: paragraph 0081, the RRC message may be an RRC setup message), and the indication information is an establishment (Li: paragraph 0081, configuration information used to establish a bearer) cause; the indication information is comprised in an RRC resume request message (Li: paragraph 0081, RRC resume message), and the indication information is a resume cause (Li: paragraph 0123, resume cause); the indication information is comprised in an RRC setup complete message; or the indication information is comprised in an RRC resume complete message (Li: paragraph 0068, RRC resume complete message). Regarding Claim 13, Li teaches A communication apparatus (Li: paragraph 0078 & Fig. 5, user equipment (UE); see also paragraph 0230 & Fig. 13, user equipment), wherein the apparatus comprises a transceiver (Li: paragraph 0230 & Fig. 13, transceiver), wherein the transceiver is configured to send indication information (Li: paragraphs 0078-0079 & Fig. 5, UE transmitting a first message used to generate first configuration information), wherein the indication information indicates at least one of the following: positioning (Li: paragraphs 0075, 0079-0080 & Figs. 4-5, positioning related information), a terminal type (Li: paragraphs 0082 & 0087-0088, transmission mode), or signaling transmission (Li: paragraphs 0078-0081 & Fig. 5, configuration for a Signaling Radio Bearer (SRB) or a Data Radio Bearer (DRB)); and the transceiver is further configured to receive a radio resource control (RRC) message (Li: paragraph 0081 & Fig. 5, UE receiving first configuration by RRC Message), wherein the RRC message is used for configuring a signaling radio bearer (SRB) 2 (Li: paragraphs 0081-0081 & Fig. 5, Signaling Radio Bearer (SRB2) based on if the radio bearer for transmitting the first message is an SRB) for a terminal (Li: paragraph 0078 & Fig. 5, user equipment (UE); see also paragraph 0230 & Fig. 13, user equipment) and not configuring a data radio bearer (DRB) (Li: paragraphs 0081-0081 & Fig. 5, said receiving of SRB configuration only (instead of DRB), thus configuring SRB based on the first message indicating SRB and not DRB; see also paragraphs 0081-0081 & Fig. 5). Regarding Claim 14, Li teaches the respective claim(s) as presented above and further teaches wherein when the indication information indicates positioning, the indication information comprises at least one of the following: positioning, positioning-signaling, a positioning service, or positioning service signaling (Li: paragraph 0082, positioning related information). Regarding Claim 15, Li teaches the respective claim(s) as presented above and further teaches wherein the terminal type comprises a positioning terminal and when the indication information indicates that the terminal type is the positioning terminal, the indication information further comprises at least one of the following: a positioning-node indication or a positioning indication (Li: paragraph 0082, positioning related information). Regarding Claim 16, Li teaches the respective claim(s) as presented above and further teaches wherein the terminal type comprises a terminal performing signaling transmission and when the indication information indicates that the terminal type is the terminal performing signaling transmission, the indication information further comprises at least one of the following: a signaling node indication or a signaling only-node indication (Li: paragraphs 0081-0081 & Fig. 5, Signaling Radio Bearer (SRB2) based on if the radio bearer for transmitting the first message is an SRB). Regarding Claim 17, Li teaches the respective claim(s) as presented above and further teaches wherein when the indication information indicates signaling transmission, the indication information comprises at least one of the following: signaling, signaling-only, or control-signaling (Li: paragraphs 0082 & 0087-0088, transmission mode (i.e. SRBx to indicate positioning SRB, SRB-Pos and/or pos-SRB)). Regarding Claim 18, Li teaches the respective claim(s) as presented above and further teaches wherein, the indication information is comprised in an RRC setup request message (Li: paragraph 0081, the RRC message may be an RRC setup message), and the indication information is an establishment (Li: paragraph 0081, configuration information used to establish a bearer) cause; the indication information is comprised in an RRC resume request message (Li: paragraph 0081, RRC resume message), and the indication information is a resume cause (Li: paragraph 0123, resume cause); the indication information is comprised in an RRC setup complete message; or the indication information is comprised in an RRC resume complete message (Li: paragraph 0068, RRC resume complete message). Regarding Claim 19, Li teaches A communication apparatus (Li: paragraph 0078 & Fig. 5, first node; see also paragraph 0228 & Fig. 12, node), wherein the apparatus comprises a transceiver (Li: paragraph 0228 & Fig. 12, transceiver), wherein the transceiver is configured to receive indication information (Li: paragraphs 0078-0079 & Fig. 5, receiving a first message used to generate first configuration information), wherein the indication information indicates at least one of the following: positioning (Li: paragraphs 0075, 0079-0080 & Figs. 4-5, positioning related information), a terminal type (Li: paragraphs 0082 & 0087-0088, transmission mode), or signaling transmission (Li: paragraphs 0078-0081 & Fig. 5, configuration for a Signaling Radio Bearer (SRB) or a Data Radio Bearer (DRB)); and the transceiver is further configured to send a radio resource control (RRC) message (Li: paragraph 0081 & Fig. 5, sending first configuration by RRC Message), wherein the RRC message is used for configuring a signaling radio bearer (SRB) 2 (Li: paragraphs 0081-0081 & Fig. 5, Signaling Radio Bearer (SRB2) based on if the radio bearer for transmitting the first message is an SRB) for a terminal (Li: paragraph 0078 & Fig. 5, user equipment (UE); see also paragraph 0230 & Fig. 13, user equipment) and not configuring a data radio bearer (DRB) (Li: paragraphs 0081-0081 & Fig. 5, said receiving of SRB configuration only (instead of DRB), thus configuring SRB based on the first message indicating SRB and not DRB; see also paragraphs 0081-0081 & Fig. 5). Regarding Claim 20, Li teaches the respective claim(s) as presented above and further teaches wherein, the indication information is comprised in an RRC setup request message (Li: paragraph 0081, the RRC message may be an RRC setup message), and the indication information is an establishment (Li: paragraph 0081, configuration information used to establish a bearer) cause; the indication information is comprised in an RRC resume request message (Li: paragraph 0081, RRC resume message), and the indication information is a resume cause (Li: paragraph 0123, resume cause); the indication information is comprised in an RRC setup complete message; or the indication information is comprised in an RRC resume complete message (Li: paragraph 0068, RRC resume complete message). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu (US 2022/0201645 A1) teaches supporting location services at a base station (paragraphs 0046-0048). Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAJEEB ANSARI whose telephone number is (571)270-5446. The examiner can normally be reached Monday-Friday 10am to 2pm. 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, ASAD NAWAZ can be reached at 469-295-9193. 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. /NAJEEB ANSARI/Examiner, Art Unit 2463 /SYED ALI/ Primary Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Feb 28, 2024
Application Filed
Jun 12, 2024
Response after Non-Final Action
Feb 16, 2026
Non-Final Rejection — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
99%
With Interview (+58.8%)
4y 4m
Median Time to Grant
Low
PTA Risk
Based on 458 resolved cases by this examiner. Grant probability derived from career allow rate.

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