Prosecution Insights
Last updated: April 19, 2026
Application No. 18/590,327

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§Other
Filed
Feb 28, 2024
Examiner
CHERY, DADY
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1282 granted / 1458 resolved
+29.9% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
1488
Total Applications
across all art units

Statute-Specific Performance

§101
6.8%
-33.2% vs TC avg
§103
30.6%
-9.4% vs TC avg
§102
39.6%
-0.4% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1458 resolved cases

Office Action

§102 §Other
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 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 (i.e., changing from AIA to pre-AIA ) 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)(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. Claim(s) 13-24 is/are rejected under 35 U.S.C. 102a1 as being anticipated by EP 2566246A2 (Hereinafter EP). Regarding claims 13, 19, EP discloses a method, an apparatus (Fig. 1), comprising: at least one processor([0160]); and at least one non-transitory computer-readable memory connected to the at least one processor and including computer program code, wherein the at least one non-transitory computer-readable memory and the computer program code are configured([0160]), with the at least one processor, to cause the apparatus to: determining a frequency band (146,152) of a first radio on chip(110,120) from a second frequency band (148,154) and a third frequency band (142, 144) based on at least one of a first frequency band, an uplink load, or an uplink resource, wherein the first frequency band comprises a frequency band corresponding to a first component carrier of a terminal apparatus([0033]-[0038], which recites frequencies band associated component carrier), wherein the second frequency band is the same as a frequency band of a second radio on chip([0040], which recites frequencies band operate on the same frequence as claimed by the instant application), wherein the third frequency band is different from the second frequency band([0040], which recites frequencies band operate on different frequence as claimed by the instant application), and wherein the uplink resource carries a radio signal of the terminal apparatus([0065], which recites uplink resource as claimed by the instant application); and receiving, from the terminal apparatus, the radio signal through the first radio on chip and the second radio on chip([0065], which recites uplink resource as claimed by the instant application). Regarding claims 14, 20, EP discloses the method according to claim 13, wherein the determining the frequency band of the first radio on chip from the second frequency band and the third frequency band based on the first frequency band and the uplink load comprises: in response to the first frequency band belonging to the second frequency band, and the uplink load does not exceed a threshold, determining that the frequency band of the first radio on chip is the second frequency band([0048]). Regarding claims 15, 21, EP discloses the method according to claim 13, wherein the uplink load comprises an uplink load of a combination of the second frequency band and the third frequency band, and determining the frequency band of the first radio on chip from the second frequency band and the third frequency band based on the first frequency band and the uplink load([0033]-[0038]) comprises: in response to a part or all of frequencies in the first frequency band not belonging to the second frequency band, and the uplink load not exceeding a threshold, determining that the frequency band of the first radio on chip is the second frequency band, and the method further ([0047]-[0050]) comprising: sending first information to the terminal apparatus, wherein the first information is used to switch the terminal apparatus from the first component carrier to a second component carrier, and wherein a frequency band corresponding to the second component carrier comprises the second frequency band([0047]-[0050]). Regarding claims 16, 22, EP discloses the method according to claim 13, wherein the terminal apparatus comprises one of a plurality of terminal apparatuses, and determining the frequency band of the first radio on chip from the second frequency band and the third frequency band based on the uplink resource([0047]-[0050]) comprises: in response to the uplink resource in a first time unit belonging to the second frequency band, determining that the frequency band of the first radio on chip in the first time unit is the second frequency band([0047]-[0050]), and wherein the receiving the radio signal from the terminal apparatus through the first radio on chip and the second radio on chip([0047]-[0050]) comprises: receiving, from the terminal apparatus, the radio signal through the first radio on chip and the second radio on chip in the first time unit([0065]). Regarding claims 17, 23, EP discloses the method according to claim 13, further comprising: setting the frequency band of the first radio on chip as the second frequency band using an antenna (inherent feature of the device) in a package chip([0047]-[0050]). Regarding claims 18, 24,EP discloses the method according to claim 13, further comprising: in response to a first condition being met, determining at least one of primary component carriers or activated component carriers of a plurality of terminal apparatuses from component carriers corresponding to the second frequency band, wherein the first condition ([0047]-[0050]) comprises at least one of: a quantity of connected terminal apparatuses does not exceed a specified value; or the uplink load does not exceed a threshold([0047]-[0050]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 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, Moo Jeong can be reached at 571-272-9617. 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. /DADY CHERY/Primary Examiner, Art Unit 2418
Read full office action

Prosecution Timeline

Feb 28, 2024
Application Filed
Feb 04, 2026
Non-Final Rejection — §102, §Other (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
97%
With Interview (+9.3%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 1458 resolved cases by this examiner. Grant probability derived from career allow rate.

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