Prosecution Insights
Last updated: July 17, 2026
Application No. 18/589,880

COMMUNICATION METHOD AND APPARATUS

Final Rejection §102§112
Filed
Feb 28, 2024
Priority
Aug 30, 2021 — CN 202111008458.8 +1 more
Examiner
ANSARI, NAJEEBUDDIN
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
1y 11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
298 granted / 467 resolved
+5.8% vs TC avg
Strong +58% interview lift
Without
With
+58.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 4m
Avg Prosecution
25 currently pending
Career history
501
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
75.7%
+35.7% vs TC avg
§102
12.3%
-27.7% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 467 resolved cases

Office Action

§102 §112
DETAILED ACTION In response to communications filed 04/21/2026. Claims 1-20 are pending for examination. 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 the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1, 7 , 13 and 19 have been amended to similarly recite sending/receiving indication information “to not configure a data radio bearer (DBR)…” Examiner is unable to find corresponding support in the instant specification that teaches sending/receiving indication information explicitly indicating to “not configure” a data radio bearer as claimed. Although the instant specification teaches there may be no data transmission during the current access of the terminal (paragraph 0082) or that the RRC reconfiguration message is used for configuring the SRB2 and not a DBR, Examiner notes this does not necessarily teach the sending/receiving indication information itself specifically comprises an indication to “not configure” the data radio bearer as recited in amended claims 1, 7, 13 and 19. Examiner requests clarification or amendments in a future response to overcome the current rejection. Claims 2-6, 8-12, 14-18 and 20 are also rejected based on their dependency of rejected claims 1, 7, 13 and 19. 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, first configuration information), wherein the indication information indicates to not configure a data radio bearer (DBR) (Li: paragraph 0098, supported radio bearer used for transmission, therefore teaching an indication not to configure a DBR in at least one embodiment), and 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 based on the indication information (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 the 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, first configuration information), wherein the indication information indicates to not configure a data radio bearer (DBR) (Li: paragraph 0098, supported radio bearer used for transmission, therefore teaching an indication not to configure a DBR in at least one embodiment), and 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 based on the indication information (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 DBR (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, configuration information), wherein the indication information indicates to not configure a data radio bearer (DBR) (Li: paragraph 0098, supported radio bearer used for transmission, therefore teaching an indication not to configure a DBR in at least one embodiment), and 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 based on the indication information (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 the apparatus (Li: paragraph 0078 & Fig. 5, user equipment (UE); see also paragraph 0230 & Fig. 13, user equipment) and not configuring the 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, first configuration information), wherein the indication information indicates to not configure a data radio bearer (DBR) (Li: paragraph 0098, supported radio bearer used for transmission, therefore teaching an indication not to configure a DBR in at least one embodiment), and 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 based on the indication information (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 DBR (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). Response to Amendment Regarding claims 13-18, in view of amendments, previous rejection(s) under 35 USC § 112 has been withdrawn. Response to Arguments Applicants' arguments: a) Although the first message in Li is transmitted using a signal radio bearer, such transmission does not imply that a data radio bearer is not configured. Therefore Li fails to teach sending an indication to not configure a data radio bearer (pages 8-9). Examiner’s response: Applicant's arguments filed 04/21/2026 have been fully considered but they are not persuasive. As previously presented, Li teaches the first node establishes a bearer for the UE to transmit a first message. The radio bearer supporting transmission of the first message may be either an SRB2 or a DRB (Li: paragraphs 0081-0082 & Fig. 5). Li additionally teaches the first node sends a first indication that may comprise multiple indications indicating whether a cell supports transmission of the first message. For example, if a value for one mode is true, it means that the mode is supported to be used for transmission of the first message; otherwise, it means that the mode is not supported to be used for transmission of the first message (Li: paragraph 0098 & Fig. 5). Examiner notes since Li teaches different modes of transmission for sending the first message (i.e. DRB or SRB2) and further teaches sending a value that indicates which bearers are supported for transmission of the first message, Li similarly teaches sending an indication to only configure a SRB2 and not configure a DRB based on the supported transmission in at least one embodiment. Therefore the rejection of claims 1, 7, 13 and 19 is maintained. Conclusion THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. 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 (571) 272-3988. 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 /ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Feb 28, 2024
Application Filed
Jun 12, 2024
Response after Non-Final Action
Feb 20, 2026
Non-Final Rejection mailed — §102, §112
Apr 21, 2026
Response Filed
Jul 02, 2026
Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+58.1%)
4y 4m (~1y 11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 467 resolved cases by this examiner. Grant probability derived from career allowance rate.

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