Prosecution Insights
Last updated: April 19, 2026
Application No. 18/594,759

WIRELESS COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103§112
Filed
Mar 04, 2024
Examiner
JANGBAHADUR, LAKERAM
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
650 granted / 744 resolved
+29.4% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
54 currently pending
Career history
798
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
58.9%
+18.9% vs TC avg
§102
11.5%
-28.5% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 744 resolved cases

Office Action

§103 §112
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 . Claims 1-20 are pending in Instant Application. Priority Examiner acknowledges Applicant’s claim to priority benefits of CHINA 202111040607.9 filed 09/06/2021. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 1/6/2025, 5/6/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner. 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. Claims 4-5, 11-12 and 18-19 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 pre-AIA the applicant regards as the invention. Claims 4, 5 recites a parameter V, which is vague as to its value range. Lines 1-2 recites, “a value of the spectrum efficiency on the second carrier ranges from [0.8 W, 1.1 W]” and lines 5-6 recites “a value of an MCS index corresponding to a spectrum efficiency on the second carrier ranges from [V−2, V+1]”. It is unclear whether V coincide with the value range of the MCS indices? Moreover, claims 4 and 5 should be merged as the propagation path loss difference is uniquely defined in claim 5. Claims 11-12 and 18-19 are also rejected for the same reason as set forth above for claims 4 and 5 For purpose of examination, the examiner interprets the limitation as best understood. 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 of this title, 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 1, 6-8, 13-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zong et al. (WO2019/153213A1), and further in view of Uchino et al. (JP No.: 2016158012A). As per claim 1, Zong disclose An apparatus (see Fig.1B, UE 104), comprising: at least one processor (see Fig.1B, UE Processor Module 68) coupled to one or more memories (see Fig.1B, UE Memory Module 166) configured to store non-transitory instructions, the non-transitory instructions being configured to be executed by the at least one processor (see page 25, 26, paragraph 1, the non-transitory instructions being configured to be executed by the at least one processor) to thereby perform operations comprising: sending first information to a network device on a first carrier, wherein the first information is usable for determining channel information on the first carrier (see page 5, para, 2-5, transmission of CQI); and receiving second information from the network device, wherein the second information is usable for scheduling a transmission resource on a second carrier, the second information is useable to indicate channel information on the second carrier (page 15, last paragraph, the channel information on the second carrier comprises an MCS and/ or spectrum efficiency on the second carrier, and the channel information on the second carrier is determined based on the channel information on the first carrier, page 16, first paragraph: UE CQI is used to determine MCS on allocated UE resources). Although Zong disclose mappings of CQls to MCSs, are well known in the art [see:Fig. 2]. Accordingly, it is considered that a person skilled in the art would thus arrive at the subject matter of claim 1, without any inventive ingenuity. Zong however does not explicitly disclose the channel information on the first carrier comprises at least one of a modulation and coding scheme (MCS) on the first carrier or a spectrum efficiency on the first carrier and the channel information on the second carrier comprises at least one of an MCS on the second carrier or a spectrum efficiency on the second carrier; Uchino however disclose a channel information on a first carrier comprises at least one of a modulation and coding scheme (MCS) on the first carrier or a spectrum efficiency on the first carrier and the channel information on a second carrier comprises at least one of an MCS on the second carrier or a spectrum efficiency on the second carrier, and the channel information on the second carrier is determined based on the channel information on the first carrier (see para. 0034, in a wireless communication system that implements carrier aggregation, when a CSI report for a first secondary cell is received from a UE, if a second secondary cell associated with the first secondary cell is activated, the quality of the second secondary cell is calculated and updated taking into account the CSI for the first secondary cell, that a UE transmits CSI to eNB via a PUCCH of a primary cell , see also para. 0047-0048, CSI includes CQI, RI, and PMI, and a UE selects a CQI index based on the downlink reception quality and transmits the selected CQI index by including it in the CSI , see also para. 0049, eNB determines the downlink MCS for the UE based on the CQI fed back from the UE, see also para. 0052-0053, if another secondary cell belonging to the same group as the cell corresponding to the CSI report is activated, the eNB calculates the quality (CQI index) of the other secondary cells taking into account the CQI index indicated in the CSI report, and stores the calculated CQI index in memory as the quality of the other cell for the UE; see also para. 0059, according to the cell quality (CQI index) stored in the memory, the scheduler determines downlink communication parameters, e.g., modulation scheme and coding rate (i.e., MCS, spectral efficiency), for the transmission of downlink data signals in each cell). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of a channel information on a first carrier comprises at least one of a modulation and coding scheme (MCS) on the first carrier or a spectrum efficiency on the first carrier and the channel information on a second carrier comprises at least one of an MCS on the second carrier or a spectrum efficiency on the second carrier, and the channel information on the second carrier is determined based on the channel information on the first carrier, as taught by Uchino, in the system of Zong, so that base on a CSI report for each cell, the radio base station determines downlink communication parameters such as MCS corresponding to the cell, see Uchino, page 3. As per claim 6, the combination of Zong and Uchino disclose the apparatus according to claim 1. Zong further disclose wherein the first information comprises at least one of: a reference signal received power (RSRP) on the first carrier, a reference signal received quality (RSRQ) on the first carrier, a channel quality indication (CQI) on the first carrier, a sounding reference signal (SRS) on the first carrier, acknowledgement (ACK) or negative acknowledgement (NACK) information of a communication device configured to use the first carrier, or information indicating whether the communication device is configured to successfully demodulate information on the first carrier (see page 3, paragraphs 1-2, receiving a channel quality indicator (CQI) signal from the wireless communication device; based on at least the CQI signal, determining a modulation coding scheme (MCS) index from a first MCS table for the wireless communication device; and receiving a first uplink transmission data set from the wireless communication device, see also page 16). As per claim 7, claim 7 is rejected the same way as claim 1. As per claim 8, the combination of Zong and Uchino disclose the method according to claim 7. Uchino further disclose wherein the method further comprises: determining the channel information on the first carrier based on the first information; and determining the channel information on the second carrier based on the channel information on the first carrier (see para. 0034, in a wireless communication system that implements carrier aggregation, when a CSI report for a first secondary cell is received from a UE, if a second secondary cell associated with the first secondary cell is activated, the quality of the second secondary cell is calculated and updated taking into account the CSI for the first secondary cell, that a UE transmits CSI to eNB via a PUCCH of a primary cell). As per claim 13, claim 13 is rejected the same way as claim 6. As per claim 14, claim 14 is rejected the same way as claim 1. Zong also disclose An apparatus (see Fig.1B, Network Device 102), comprising: at least one processor (see Fig. 1B, BS Processor Module 158) coupled to one or more memories (see Fig.1B, BS Memory Module 156). As per claim 15, claim 15 is rejected the same way as claim 8. As per claim 20, claim 20 is rejected the same way as claim 6. Claims 2-3, 9-10, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zong et al. (WO2019/153213A1), in view of Uchino et al. (JP No.: 2016158012A) and further in view of Zhou et al (US Pub. No.:2021/0092721). As per claim 2, the combination of Zong and Uchino disclose the apparatus according to claim 1. The combination of Zong and Uchino disclose wherein the operations further comprise: sending third information to the network device, wherein the third information is usable to indicate first association information, the channel information on the second carrier is determined based on the first association information and the first information, and the first association information is usable to indicate channel difference information between the first carrier and the second carrier. Zhou however disclose sending third information to the network device, wherein the third information is usable to indicate first association information, the channel information on the second carrier is determined based on the first association information and the first information, and the first association information is usable to indicate channel difference information between the first carrier and the second carrier (see para. 0041, 0065-0067, the UE 120 determines that a first carrier (e.g., a scheduling carrier) and a second carrier (e.g., a scheduled carrier), scheduled by the first carrier, are configured with different numerologies, a first carrier is schedule a second carrier when control information (e.g., DCI), that includes scheduling information for the second carrier, is received via the first carrier, the UE 120 indicates a first scheduling offset threshold of 14 symbols for the first carrier and/or the first numerology, meaning that the base station 110 should not schedule a reference signal that has a starting symbol that is less than 14 symbols (e.g., interpreted using the first numerology of 15 kHz) after an ending symbol of the DCI that schedules the reference signal and a second carrier (e.g., a scheduled carrier, shown as Scheduled Carrier B) may have a second numerology of 30 kHz. As further shown, the UE 120 may indicate a second scheduling offset threshold of 28 symbols for the second carrier and/or the second numerology, meaning that the base station 110 should not schedule a reference signal that has a starting symbol that is less than 28 symbols (e.g., interpreted using the second numerology of 30 kHz) after an ending symbol of the DCI that schedules the reference signal, see also para. 0009, 0041, 0058-0059, 0060, 0075, Fig.6, para. 0078-0085, Fig.8, 0096-0102). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of sending third information to the network device, wherein the third information is usable to indicate first association information, the channel information on the second carrier is determined based on the first association information and the first information, and the first association information is usable to indicate channel difference information between the first carrier and the second carrier, as taught by Zhou, in the system of Zong and Uchino, so as to enable and provide wireless communication devices and systems configured for reduced ambiguity and fewer errors when signaling time offsets and time offset thresholds in cross-carrier scheduling where different carriers use different numerologies, see Zhou, paragraphs 0002-0008. As per claim 3, the combination of Zong, Uchino and Zhou disclose the apparatus according to claim 2. Zhou further disclose wherein the first association information comprises at least one of: a propagation path loss difference, an antenna efficiency difference, an optimal-beam difference, an MCS correspondence, or a spectrum efficiency correspondence (see para. 0060, 0065-0067, 0075, 0080, Fig.6, Fig.8, para. 0097, as shown by reference number 615, the base station 110 transmit, and the UE 120 receive, scheduling information, the scheduling information is transmitted via the scheduling carrier, and includes scheduling information for scheduling a reference signal on the second carrier, if the first numerology (e.g., 15 kHz) is used as the scheduling numerology, then the UE 120 interprets a slot offset of 2 slots as 28 symbols, where those symbols have a duration defined by a 15 kHz numerology (e.g., 66.67 microseconds), if the second numerology (e.g., 30 kHz) is used as the scheduling numerology, then the UE 120 interpret a slot offset of 2 slots as 56 symbols, the UE 120 indicates a first scheduling offset threshold of 14 symbols for the first carrier and the first numerology, meaning that the base station 110 should not schedule a reference signal that has a starting symbol that is less than 14 symbols (e.g., interpreted using the first numerology of 15 kHz) after an ending symbol of the DCI that schedules the reference signal and a second carrier (e.g., a scheduled carrier, shown as Scheduled Carrier B) have a second numerology of 30 kHz). As per claim 9, claim 9 is rejected the same way as claim 2. As per claim 10, claim 10 is rejected the same way as claim 3. As per claim 16, claim 16 is rejected the same way as claim 2. As per claim 17, claim 17 is rejected the same way as claim 3. Claims 4, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zong et al. (WO2019/153213A1), in view of Uchino et al. (JP No.: 2016158012A) and further in view of Furuskog et al (US Pub. No.:2019/0074879). As per claim 4, the combination of Zong and Uchino disclose the apparatus according to claim 1. The combination of Zong and Uchino disclose wherein a value of the spectrum efficiency on the second carrier ranges from [0.8 W, 1.1 W], and W satisfies: PNG media_image1.png 50 646 media_image1.png Greyscale wherein Δ is a propagation path loss difference between the second carrier and the first carrier, Z is a spectrum efficiency corresponding to an MCS index U on the first carrier, and a value of an MCS index corresponding to a spectrum efficiency on the second carrier ranges from [V−2, V+1]. Furuskog however disclose wherein a value of the spectrum efficiency on the second carrier ranges from [0.8 W, 1.1 W], and W satisfies: PNG media_image1.png 50 646 media_image1.png Greyscale wherein Δ is a propagation path loss difference between the second carrier and the first carrier, Z is a spectrum efficiency corresponding to an MCS index U on the first carrier, and a value of an MCS index corresponding to a spectrum efficiency on the second carrier ranges from [V−2, V+1] (see Section 5 above, see para. 0008, 0013, 0039, 0052, 0067, 0071, 0075, 0083, the difference in propagation path loss between the signals of the transmission beams of the two or more beamformed communication links has passed a threshold value, in this case a threshold value W satisfies the above equation). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of wherein a value of the spectrum efficiency on the second carrier ranges from [0.8 W, 1.1 W], and W satisfies: PNG media_image1.png 50 646 media_image1.png Greyscale wherein Δ is a propagation path loss difference between the second carrier and the first carrier, Z is a spectrum efficiency corresponding to an MCS index U on the first carrier, and a value of an MCS index corresponding to a spectrum efficiency on the second carrier ranges from [V−2, V+1], as taught by Furuskog, in the system of Zong and Uchino, so as to determine propagation delay or path loss experienced by the different beamformed communication links (different carriers), see Furuskog, paragraphs 0002-0008. As per claim 11, claim 11 is rejected the same way as claim 4. As per claim 18, claim 18 is rejected the same way as claim 4. Allowable Subject Matter Claims 5, 12 and 19 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Luo (WO202/0237489A1) – see page 12, “a network device sending first indication information to a terminal device on a first carrier; the terminal device determining a second carrier according to the first indication information; and the network device determining the first indication information, wherein the indication information comprises a first bias and second carrier bandwidth information, and the first bias may be determined according to a first carrier (equivalent to a terminal device receiving second information from a network device, wherein the second information is used for scheduling a transmission resource on a second carrier, the second information is used for indicating channel information of the second carrier, and the channel information of the second carrier is determined by means of channel information of a first carrier)”. Gao (WO2021/114193A1) – see page 13, “a network device sending high-layer signaling to a terminal device, wherein the high-layer signaling comprises first information and second information; and the terminal device determining a second uplink time-domain resource of a second carrier according to a first uplink time-domain resource indicated by the first information and the second information, wherein a first uplink time-domain resource and the second uplink time-domain resource do not overlap with each other in terms of time domains, involving: the terminal determining the first uplink time-domain resource according to the first information, and negating the first uplink time-domain resource, and determining, in the obtained resource, the uplink time-domain resource of the second carrier (equivalent to a terminal device receiving, from a network device, channel information of a first carrier and second association information, wherein the second association information indicates information of a difference between channels of a first carrier and a second carrier; and determining channel information of the second carrier according to the channel information of the first carrier and the second association information)”. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAKERAM JANGBAHADUR whose telephone number is (571)272-1335. The examiner can normally be reached on M-F 7 am - 4 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LAKERAM JANGBAHADUR/ Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Mar 04, 2024
Application Filed
Mar 25, 2024
Response after Non-Final Action
Feb 02, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+25.5%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 744 resolved cases by this examiner. Grant probability derived from career allow rate.

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