Prosecution Insights
Last updated: August 03, 2026
Application No. 18/589,914

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Final Rejection §102§103
Filed
Feb 28, 2024
Priority
Aug 30, 2021 — CN 202111002503.9 +1 more
Examiner
GELIN, JEAN ALLAND
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1120 granted / 1265 resolved
+26.5% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
24 currently pending
Career history
1293
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1265 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 . This is in response to the Applicant’s arguments, and amendments filed on April 17, 2017, in which claims 1-2, 4-7, 9, 12-16, and 20 have been amended. Claims 1-20 and 14-15 are currently pending. 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, 3-7, 9-10, 12-14, 16-17, 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, by an apparatus, first information, comprising information about a first cell (a method for waking up a network device is provided, performed by a first network device, and includes: receiving a wake-up signal from user equipment ([0007], [0064]-[0068]). The first cell is the first network device corresponding to small cell [0063]-[0064]); and send, by the apparatus, the first information to a terminal device via a second cell, wherein the first cell is in a sleep state (i.e., the small cell may be in a sleep state [0050]-[0051], [0064]), the first cell corresponds to a first access network device, the second cell corresponds to a second access network device (the second cell can be another small or the second 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., 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]-[0063], [0089]-[0090], [0116]). The network device can be a relay device allowing the small cells to exchanges information between them. The second network selects which of the first network devices (small cells)) to wake-up ([0062]-[0064]). 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 based on the first access network device and the second network adevice being a same aceess network (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], a plurality of small cell under the wide area coverage of a macro cell [0051]). 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, by a communication apparatus, first information via a second cell, wherein the first information comprises information about a first cell, the first cell is in a sleep state (i.e., the small cell may be in a sleep state [0050]-[0051], [0064]), the first cell corresponds to a first access network device, the second cell corresponds to a second access network device (the second cell can be another small or the second 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., 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]-[0063], [0089]-[0090], [0116]). The network device can be a relay device allowing the small cells to exchanges information between them. The second network selects which of the first network devices (small cells)) to wake-up ([0062]-[0064]); and sending, by the communication apparatus, 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 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: sending the wake-up signal to the first access network device based on the information about the first cell, based on the a receive power of the first information being greater than or equal to the power received threshold [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(i.e., the small cell may be in a sleep state [0050]-[0051], [0064]), the first cell corresponds to a first access network device, the second cell corresponds to a second access network device (the second cell can be another small or the second 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., 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]-[0063], [0089]-[0090], [0116]). The network device can be a relay device allowing the small cells to exchanges information between them. The second network selects which of the first network devices (small cells)) to wake-up ([0062]-[0064]); 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]). 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. Allowable Subject Matter Claims 2, 8, 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant's arguments filed April 17, 2026 have been fully considered but they are not persuasive. As per claims 1-10, 12-17, and 19-20, the Applicant argues that Fu fails to teach the claim limitations as recited in the rejection above. The Applicant further argues that where there are small cells and macro cells, a small cell receives a wake-up signal from the UE and "transmits signal quality indication information of the wake-up signal to a macro cell." Here, there are three entities in Fu to be mapped to the four claimed entities, the apparatus itself, the terminal device, the first cell, and the second cell. The three in Fu are the UE, the small cell, and the macro cell. However, the Examiner disagrees with the preceding assertion. Fu discloses saving network energy by keeping some base stations or cells asleep until they are needed. A user device sends a wake-up signal to a candidate network device using a chosen transmit power (corresponding to first network device within first cell receives wake-up information which are used by the second device to select the qualified small cell to be active [wake-up]) that). The candidate network device measures the wake-up signal quality and reports that quality to a higher-level network device. The higher-level device compares reports from multiple candidate devices and chooses the one with the best channel quality to wake up. In some versions, the user device starts with a protocol-defined power level and increases power step by step if no response is received. In other versions, it sends the wake-up signal multiple times within a set period so the network can estimate the channel more accurately [0002], [0061]-[0069], [0074]-[0077], [0122]-[0139]. The selected network device may then wake up and send a starting signal back to the user equipment, such as a synchronizing signal block [0110]-[0112]. If the device wakes up but no access or paging traffic arrives within a set time, it can go back to sleep [0117]-[0121]. The disclosed approach is intended for heterogeneous networks with macro cells and small cells, but is also described more generally for wireless systems [0051]-[0059]. Overall, the invention tries to wake up the “best” nearby sleepy cell so the user gets better communication quality. Therefore, the examiner maintain that the disclosure of Fu reads on the claims limitations and the rejection is final. The Applicant further argues that claims 11 and 18 are allowable due to their dependency from allowable independent claim. The rejections of the independent claims are maintained for reasons set forth above. The rejections of claims 11 and 18 are maintained and the office action is final. 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 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
Read full office action

Prosecution Timeline

Feb 28, 2024
Application Filed
Jul 31, 2024
Response after Non-Final Action
Feb 02, 2026
Non-Final Rejection mailed — §102, §103
Apr 17, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+4.5%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1265 resolved cases by this examiner. Grant probability derived from career allowance rate.

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