Prosecution Insights
Last updated: April 19, 2026
Application No. 18/589,914

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Non-Final OA §102§103
Filed
Feb 28, 2024
Examiner
GELIN, JEAN ALLAND
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1096 granted / 1240 resolved
+26.4% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
38 currently pending
Career history
1278
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
44.3%
+4.3% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1240 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 1-10, 12-17, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FU (US 2025/0358745). Regarding claim 1, FU teaches a communication apparatus (1400), comprising: at least one processor (1400); and a non-transitory computer-readable medium including computer-executable instructions that, when executed by the processor (1400), cause the apparatus to: obtain first information, comprising information about a first cell (typically the mobile station receives information about the cell site or base station when powered on to communicate [0050], [0171]); and send the first information to a terminal device via a second cell, wherein the first cell is in a sleep state, the first cell corresponds to a first access network device, the second cell corresponds to a second access network device, and the information about the first cell indicates the terminal device to send a wake-up signal for waking up the first cell (i.e., one way to reduce the energy consumption of a base station is to reduce unnecessary downlink transmission. One way to reduce downlink transmission is to put the base station to be in a sleep state. The base station in the sleep state stops downlink transmission, but has an uplink receiving function and can receive a wake-up signal transmitted by a terminal. User Equipment (UE) needs to transmit a wake-up signal to the sleep base station when needing to perform communication services. After receiving the wake-up signal, the base station will resume the normal transceiving function and provide communication services for the UE [0050]-[0051], [0059], [0089]-[0090], [0116]). Regarding claim 2, FU further teaches the sending the first information to a terminal device via a second cell comprises: determining a first sequence based on the first information (i.e., the user equipment transmits the wake-up signal to the first network device with the determined transmit power [0068]); and sending the first sequence to the terminal device via the second cell (i.e., the first network device transmits the signal quality indication information of the wake-up signal to the second network device, such that the second network device selects the first network device with the best signal quality for the wake-up operation [0063], [0068]). Regarding claim 3, FU further teaches the first information further comprises a receive power threshold, and the receive power threshold that indicates the terminal device to send the wake-up signal when a receive power of the first information is greater than or equal to the receive power threshold; or wherein the first information further comprises a feature parameter of the first cell, for generating the wake-up signal ([0075], [0129], [claim 4]). Regarding claim 4, FU further teaches receive the wake-up signal from the terminal device (i.e., receiving a wake-up signal from user equipment [0007]); and wake the first cell based on the wake-up signal (i.e., transmitting the wake-up signal to the first network device based on the transmit power [0006]-[0007]). Regarding claim 5, FU further teaches waking up the first cell based on the wake-up signal when a receive power of the wake-up signal is greater than or equal to a first threshold, and/or a load of the second cell is greater than or equal to a second threshold ([0006]-[0007]). Regarding claim 6, FU further teaches wherein the information about the first cell is resource information, the resource information is for determining a time-frequency resource corresponding to the wake-up signal, and the time-frequency resource corresponds to the first cell; or wherein the information about the first cell is an identifier of the cell, and the first cell and the second cell are adjacent cells; or wherein the information about the first cell is an identifier and/or an index of the cell, the first cell is a capacity-layer cell, and the second cell is a basic-layer cell ([0073]-[0074], [0082]-[0083], [0116]-[0117]). Regarding claim 7, FU further teaches a communication method, comprising: receiving first information via a second cell, wherein the first information comprises information about a first cell, the first cell is in a sleep state, the first cell corresponds to a first access network device, and the second cell corresponds to a second access network device (i.e., one way to reduce the energy consumption of a base station is to reduce unnecessary downlink transmission. One way to reduce downlink transmission is to put the base station to be in a sleep state. The base station in the sleep state stops downlink transmission, but has an uplink receiving function and can receive a wake-up signal transmitted by a terminal. User Equipment (UE) needs to transmit a wake-up signal to the sleep base station when needing to perform communication services. After receiving the wake-up signal, the base station will resume the normal transceiving function and provide communication services for the UE [0050]-[0051], [0059], [0089]-[0090], [0116]); and sending a wake-up signal to the first access network device based on the information about the first cell, wherein the wake-up signal is for waking up the first cell (i.e., the first network device receives the wake-up signal transmitted by the user equipment and determines the signal quality indication information of the wake-up signal [0117]). Regarding claim 8, FU further teaches receiving a first sequence via the second cell (i.e., the first network device transmits the signal quality indication information of the wake-up signal to the second network device, such that the second network device selects the first network device with the best signal quality for the wake-up operation [0063], [0068]; and determining a first sequence based on the first information (i.e., the user equipment transmits the wake-up signal to the first network device with the determined transmit power [0068]). Regarding claim 9, FU further teaches wherein the first information further comprises a receive power threshold, and the sending the wake-up signal to the first access network device based on the information about the first cell comprises: when a receive power of the first information is greater than or equal to the receive power threshold, sending the wake-up signal to the first access network device based on the information about the first cell ([0075], [011], [0129], [claim 4]). Regarding claim 10, FU further teaches the first information further comprises a feature parameter of the first cell, and the method further comprises: generating the wake-up signal based on the feature parameter (i.e., the user equipment determines the transmit power for transmitting the wake-up signal to the first network device based on the power parameter information agreed upon by the communication protocol, and then transmits the wake-up signal to the first network device based on the transmit power. The user equipment may transmit the wake-up signal to one or more first network devices with the same transmit power [0072], [0073]). Regarding claim 12, FU further teaches wherein the information about the first cell is an identifier of the cell, and the first cell and the second cell are adjacent cells ([0073]-[0074], [0082]-[0083], [0116]-[0117]). Regarding claim 13, FU further teaches the information about the first cell is an identifier and/or an index of the cell, the first cell is a capacity-layer cell, and the second cell is a basic-layer cell ([0073]-[0074], [0082]-[0083], [0116]-[0117]). Regarding claim 14, FU teaches a communication apparatus, comprising: at least one processor (fig. 14); and a non-transitory computer-readable medium including computer-executable instructions that, when executed by the processor (fig. 14), cause the apparatus to: receive first information via a second cell, wherein the first information comprises information about a first cell, the first cell is in a sleep state, the first cell corresponds to a first access network device, and the second cell corresponds to a second access network device (i.e., one way to reduce the energy consumption of a base station is to reduce unnecessary downlink transmission. One way to reduce downlink transmission is to put the base station to be in a sleep state. The base station in the sleep state stops downlink transmission, but has an uplink receiving function and can receive a wake-up signal transmitted by a terminal. User Equipment (UE) needs to transmit a wake-up signal to the sleep base station when needing to perform communication services. After receiving the wake-up signal, the base station will resume the normal transceiving function and provide communication services for the UE [0050]-[0051], [0059], [0089]-[0090], [0116]); and send a wake-up signal to the first access network device based on the information about the first cell, wherein the wake-up signal is for waking up the first cell (i.e., the first network device receives the wake-up signal transmitted by the user equipment and determines the signal quality indication information of the wake-up signal [0117]). 16. (Currently Amended) The apparatus according to claim 14, wherein the first information further comprises a receive power threshold, and the sending [[a]] the wake-up signal to the first access network device based on the information about the first cell comprises: when a receive power of the first information is greater than or equal to the receive power threshold, sending the wake-up signal to the first access network device based on the information about the first cell. Regarding claim 15, FU further teaches receiving a first sequence via the second cell (i.e., the first network device transmits the signal quality indication information of the wake-up signal to the second network device, such that the second network device selects the first network device with the best signal quality for the wake-up operation [0063], [0068]; and determining a first sequence based on the first information (i.e., the user equipment transmits the wake-up signal to the first network device with the determined transmit power [0068]). Regarding claim 16, FU further teaches wherein the first information further comprises a receive power threshold, and the sending the wake-up signal to the first access network device based on the information about the first cell comprises: when a receive power of the first information is greater than or equal to the receive power threshold, sending the wake-up signal to the first access network device based on the information about the first cell ([0075], [011], [0129], [claim 4]). Regarding claim 17, FU further teaches the first information further comprises a feature parameter of the first cell, and the method further comprises: generating the wake-up signal based on the feature parameter (i.e., the user equipment determines the transmit power for transmitting the wake-up signal to the first network device based on the power parameter information agreed upon by the communication protocol, and then transmits the wake-up signal to the first network device based on the transmit power. The user equipment may transmit the wake-up signal to one or more first network devices with the same transmit power [0072], [0073]). Regarding claim 19, FU further teaches wherein the information about the first cell is an identifier of the cell, and the first cell and the second cell are adjacent cells ([0073]-[0074], [0082]-[0083], [0116]-[0117]). Regarding claim 20, FU further teaches the information about the first cell is an identifier and/or an index of the cell, the first cell is a capacity-layer cell, and the second cell is a basic-layer cell ([0073]-[0074], [0082]-[0083], [0116]-[0117]). 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. Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over FU in view of ZHAO (US 2022/0256464). Regarding claim 11, FU teaches sending the wake-up signal to the first access network device (i.e., the first network device receives the wake-up signal transmitted by the user equipment and determines the signal quality indication information of the wake-up signal [0117]). FU does not specifically teach determining a time-frequency resource based on the resource information, wherein the time- frequency resource corresponds to the first cell. However, the preceding limitation is known in the art of communications. ZHAO teaches the sidelink communication device may also send the wake-up signal on the above configured periodic time-frequency resource to make the other sidelink communication device in the energy saving state exit the energy saving state… the periodic time-frequency resource is determined based on pre-configuration information, or is determined based on downlink configuration information ([0061], [0062], [0076], and [0082]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of ZHAO within the system of FU in order to determine whether to enter energy saving state in sidelink communication device. Regarding claim 18, FU teaches sending the wake-up signal to the first access network device (i.e., the first network device receives the wake-up signal transmitted by the user equipment and determines the signal quality indication information of the wake-up signal [0117]). FU does not specifically teach determining a time-frequency resource based on the resource information, wherein the time- frequency resource corresponds to the first cell. However, the preceding limitation is known in the art of communications. ZHAO teaches the sidelink communication device may also send the wake-up signal on the above configured periodic time-frequency resource to make the other sidelink communication device in the energy saving state exit the energy saving state… the periodic time-frequency resource is determined based on pre-configuration information, or is determined based on downlink configuration information ([0061], [0062], [0076], and [0082]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of ZHAO within the system of FU in order to determine whether to enter energy saving state in sidelink communication device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 PM. 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, JINSONG HU can be reached at 571-272-3965. 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. /JEAN A GELIN/Primary Examiner, Art Unit 2643
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Prosecution Timeline

Feb 28, 2024
Application Filed
Jul 31, 2024
Response after Non-Final Action
Jan 30, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+4.5%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1240 resolved cases by this examiner. Grant probability derived from career allow rate.

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