Prosecution Insights
Last updated: October 02, 2026
Application No. 18/619,573

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Mar 28, 2024
Priority
Sep 30, 2021 — CN 202111166020.2 +1 more
Examiner
FOTAKIS, ARISTOCRATIS
Art Unit
2633
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
544 granted / 760 resolved
+9.6% vs TC avg
Strong +31% interview lift
Without
With
+30.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
28 currently pending
Career history
798
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
54.5%
+14.5% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 760 resolved cases

Office Action

§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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 09, 2026 has been entered. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 – 3, 7 – 10, 14 – 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al (US 2023/0247507) in view of Tsai et al (US 2024/0163688) and further in view of Cirik et al (US 2024/0056987). Re claim 1, Cui teaches of a communication method, comprising: receiving, by a first communication apparatus (Wireless Device, Figures 11 – 12), first indication information (#1104, Fig. 11 and #1204, Fig.12) from a second communication apparatus (Cellular Base Station, Figures 11 – 12), wherein the first indication information is usable to indicate a first polarization manner of a neighboring cell of a cell in which the first communication apparatus (polarization information to perform measurement of neighboring cells, Paragraphs 0175 – 0176 and Figures 10 – 12) in an inactive state is located (inactive mode, Paragraphs 0176 – 0177), the first polarization manner of the neighboring cell includes one or more of vertical/horizontal polarization, single/dual polarization, or others (Paragraphs 0108 and 0147), and the first indication information carried in a dedicated measurement configuration (terminal-level information) may not be available (Paragraph 0176 and Fig. 11) and can be configured in a system information (SIB, Paragraph 0176 – 0179 and Fig.12); and performing, by the first communication apparatus, signal measurement on the neighboring cell based on the first indication information (#1108, Fig.11 and #1208, Fig.12). However, Cui does not specifically teach of the first polarization manner includes at least one of a downlink polarization manner or an uplink polarization manner, wherein the downlink polarization manner includes one or more of downlink left hand circular polarization, downlink right hand circular polarization, or downlink linear polarization, and the uplink polarization manner includes one or more of uplink left hand circular polarization, uplink right hand circular polarization, or uplink linear polarization. Cui does not clearly teach of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control resume signaling. Cui does not specifically teach of wherein the receiving the first indication information includes receiving the first indication information carried in a MeasConfig field or a MeasObiectNR field in the radio resource control resume signaling. Tsai teaches of the first polarization manner includes at least one of a downlink polarization manner or an uplink polarization manner, wherein the downlink polarization manner includes one or more of downlink left hand circular polarization, downlink right hand circular polarization, or downlink linear polarization, and the uplink polarization manner includes one or more of uplink left hand circular polarization, uplink right hand circular polarization, or uplink linear polarization (LHCP, RHCP, linear, Paragraphs 0105 – 0106 and 0109). Tsai further teaches of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control connected state (RRC connected state, Paragraph 0111), wherein the receiving the first indication information includes receiving the first indication information carried in a MeasConfig field or a MeasObiectNR field in the radio resource control connected state (CSI-MeasConfig IE, Paragraph 0111). Cirik teaches of a first configuration information being carried in terminal-level information (The one or more RRC messages may be UE-specific (e.g., dedicated RRC messages transmitted to a UE in an RRC CONNECTED state and/or in an RRC INACTIVE state, Paragraph 0164). Cirik teaches of the RRC INACTIVE switching to RRC CONNECTED by RRC RESUME process (Connection Resume, #614, Fig.6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first indication information being carried in terminal-level information for a reliable and secure message transmission, where the terminal-level information is radio resource control signaling for improved network efficiency. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first polarization manner of the neighboring cell include one or more left hand circular polarization, right hand circular polarization for providing robustness against signal fading and multipath interference and include linear polarization for being simpler and cheaper. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the radio resource control signaling include receiving a radio resource control resume so as to allow the UE to return to the connected state. Re claim 2, Cui, Tsai and Cirik teach all the limitations of claim 1 as well as Tsai teaches of wherein the method further comprises: receiving, by the first communication apparatus, second indication information from the second communication apparatus, wherein the second indication information is usable to indicate a second polarization manner of a first cell (each SSB is only associated with a single polarization e.g., LHCP or RHCP as shown in FIG. 8A, Paragraph 0105), and the second polarization manner includes any one of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, Paragraph 0111 and Fig.8A); and communicating, by the first communication apparatus, with the second communication apparatus in the second polarization manner (Fig.8A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have indicated a second polarization manner of a first cell so as to optimize signal quality and to mitigate interference. Re claim 3, Cui, Tsai and Cirik teach all the limitations of claim 2 as well as Tsai teaches of sending, by the first communication apparatus, third indication information to the second communication apparatus, wherein the third indication information is usable to indicate a third polarization manner expected by the first communication apparatus (each SSB is only associated with a single polarization e.g., LHCP or RHCP as shown in FIG. 8A, Paragraph 0105), and the third polarization manner includes any one of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, Paragraph 0111 and Fig.8A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have sent, by the first communication apparatus, third indication information to the second communication apparatus so as to allow the network to dynamically adjust transmission to match the UE's polarization, improving signal quality and network performance. Re claim 7, Cui, Tsai and Cirik teach all the limitations of claim 2 as well as Tsai teaches of wherein the receiving, by the first communication apparatus, the second indication information from the second communication apparatus includes receiving the second indication information is carried in a system information block (system information block, Paragraphs 0107 and 0110 – 0111). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the second indication information carried in a system information block to allow the UEs to select and access a network cell. Re claim 8, Cui teaches a communication method, comprising: determining, by a second communication apparatus (Cellular Base Station, Figures 11 – 12), first indication information, wherein the first indication information is usable to indicate a first polarization manner of a neighboring cell of a cell (polarization information to perform measurement of neighboring cells, Paragraphs 0175 – 0176 and Figures 10 – 12) in which a first communication apparatus (Wireless Device, Figures 11 – 12) in an inactive state is located (inactive mode, Paragraphs 0176 – 0177), and the first polarization manner of the neighboring cell includes one or more of vertical/horizontal polarization, single/dual polarization, or others (Paragraphs 0108 and 0147); and sending, by the second communication apparatus, the first indication information, wherein the first indication information carried in a dedicated measurement configuration (terminal-level information) may not be available (Paragraph 0176 and Fig. 11) and can be configured in a system information (SIB, Paragraph 0176 – 0179 and Fig.12). However, Cui does not specifically teach of the first polarization manner includes at least one of a downlink polarization manner or an uplink polarization manner, wherein the downlink polarization manner includes one or more of downlink left hand circular polarization, downlink right hand circular polarization, or downlink linear polarization, and the uplink polarization manner includes one or more of uplink left hand circular polarization, uplink right hand circular polarization, or uplink linear polarization. Cui does not clearly teach of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control resume signaling. Cui does not specifically teach of wherein the receiving the first indication information includes receiving the first indication information carried in a MeasConfig field or a MeasObiectNR field in the radio resource control resume signaling. Tsai teaches of the first polarization manner includes at least one of a downlink polarization manner or an uplink polarization manner, wherein the downlink polarization manner includes one or more of downlink left hand circular polarization, downlink right hand circular polarization, or downlink linear polarization, and the uplink polarization manner includes one or more of uplink left hand circular polarization, uplink right hand circular polarization, or uplink linear polarization (LHCP, RHCP, linear, Paragraphs 0105 – 0106 and 0109). Tsai further teaches of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control connected state (RRC connected state, Paragraph 0111), wherein the receiving the first indication information includes receiving the first indication information carried in a MeasConfig field or a MeasObiectNR field in the radio resource control connected state (CSI-MeasConfig IE, Paragraph 0111). Cirik teaches of a first configuration information being carried in terminal-level information (The one or more RRC messages may be UE-specific (e.g., dedicated RRC messages transmitted to a UE in an RRC CONNECTED state and/or in an RRC INACTIVE state, Paragraph 0164). Cirik teaches of the RRC INACTIVE switching to RRC CONNECTED by RRC RESUME process (Connection Resume, #614, Fig.6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first indication information being carried in terminal-level information for a reliable and secure message transmission, where the terminal-level information is radio resource control signaling for improved network efficiency. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first polarization manner of the neighboring cell include one or more left hand circular polarization, right hand circular polarization for providing robustness against signal fading and multipath interference and include linear polarization for being simpler and cheaper. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the radio resource control signaling include receiving a radio resource control resume so as to allow the UE to return to the connected state. Re claim 9, Cui, Tsai and Cirik teach all the limitations of claim 8 as well as Tsai teaches of wherein the method further comprises: determining, by the second communication apparatus, second indication information, wherein the second indication information is usable to indicate a second polarization manner of a first cell (each SSB is only associated with a single polarization e.g., LHCP or RHCP as shown in FIG. 8A, Paragraph 0105), and the second polarization manner includes any one of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, Paragraph 0111 and Fig.8A); and sending, by the second communication apparatus, the second indication information (Fig.8A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have indicated a second polarization manner of a first cell so as to optimize signal quality and to mitigate interference. Re claim 10, Cui, Tsai and Cirik teach all the limitations of claim 9 as well as Tsai teaches of wherein the method further comprises: receiving, by the second communication apparatus, third indication information from the first communication apparatus, wherein the third indication information is usable to indicate a third polarization manner expected by the first communication apparatus cell (each SSB is only associated with a single polarization e.g., LHCP or RHCP as shown in FIG. 8A, Paragraph 0105), and the third polarization manner includes any one of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, Paragraph 0111 and Fig.8A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have received a third indication information so as to allow the network to dynamically adjust transmission to match the UE's polarization, improving signal quality and network performance. Re claim 14, Cui teaches of a communication apparatus (Wireless Device, Figures 11 – 12 and #106, Figures 2 – 3), comprising: at least one processor (#302, Fig.2) configured to execute a computer program or executable instructions stored in a memory (#306, #350, Fig.2 and Paragraph 0030), wherein the computer program or the executable instructions, when executed by the at least one processor, cause the at least one processor to perform operations including: receiving first indication information (#1104, Fig. 11 and #1204, Fig.12) from a second communication apparatus (Cellular Base Station, Figures 11 – 12), wherein the first indication information is usable to indicate a first polarization manner of a neighboring cell of a cell in which the communication apparatus (polarization information to perform measurement of neighboring cells, Paragraphs 0175 – 0176 and Figures 10 – 12) in an inactive state is located (inactive mode, Paragraphs 0176 – 0177), the first polarization manner of the neighboring cell includes one or more of vertical/horizontal polarization, single/dual polarization, or others (Paragraphs 0108 and 0147), and the first indication information may not be carried in a dedicated measurement configuration (terminal-level information) (Paragraph 0176 and Fig. 11) and can be configured in a system information (SIB, Paragraph 0176 – 0179 and Fig.12); and performing signal measurement on the neighboring cell based on the first indication information (#1108, Fig.11 and #1208, Fig.12). However, Cui does not specifically teach of the first polarization manner includes at least one of a downlink polarization manner or an uplink polarization manner, wherein the downlink polarization manner includes one or more of downlink left hand circular polarization, downlink right hand circular polarization, or downlink linear polarization, and the uplink polarization manner includes one or more of uplink left hand circular polarization, uplink right hand circular polarization, or uplink linear polarization. Cui does not clearly teach of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control resume signaling. Cui does not specifically teach of wherein the receiving the first indication information includes receiving the first indication information carried in a MeasConfig field or a MeasObiectNR field in the radio resource control resume signaling. Tsai teaches of the first polarization manner includes at least one of a downlink polarization manner or an uplink polarization manner, wherein the downlink polarization manner includes one or more of downlink left hand circular polarization, downlink right hand circular polarization, or downlink linear polarization, and the uplink polarization manner includes one or more of uplink left hand circular polarization, uplink right hand circular polarization, or uplink linear polarization (LHCP, RHCP, linear, Paragraphs 0105 – 0106 and 0109). Tsai further teaches of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control connected state (RRC connected state, Paragraph 0111), wherein the receiving the first indication information includes receiving the first indication information carried in a MeasConfig field or a MeasObiectNR field in the radio resource control connected state (CSI-MeasConfig IE, Paragraph 0111). Cirik teaches of a first configuration information being carried in terminal-level information (The one or more RRC messages may be UE-specific (e.g., dedicated RRC messages transmitted to a UE in an RRC CONNECTED state and/or in an RRC INACTIVE state, Paragraph 0164). Cirik teaches of the RRC INACTIVE switching to RRC CONNECTED by RRC RESUME process (Connection Resume, #614, Fig.6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first indication information being carried in terminal-level information for a reliable and secure message transmission, where the terminal-level information is radio resource control signaling for improved network efficiency. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first polarization manner of the neighboring cell include one or more left hand circular polarization, right hand circular polarization for providing robustness against signal fading and multipath interference and include linear polarization for being simpler and cheaper. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the radio resource control signaling include receiving a radio resource control resume so as to allow the UE to return to the connected state. Re claim 15, Cui, Tsai and Cirik teach all the limitations of claim 14 as well as Tsai teaches of receiving, by the first communication apparatus, second indication information from the second communication apparatus, wherein the second indication information is usable to indicate a second polarization manner of a first cell (each SSB is only associated with a single polarization e.g., LHCP or RHCP as shown in FIG. 8A, Paragraph 0105), and the second polarization manner includes any one of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, Paragraph 0111 and Fig.8A); and communicating, by the first communication apparatus, with the second communication apparatus in the second polarization manner (Fig.8A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have indicated a second polarization manner of a first cell so as to optimize signal quality and to mitigate interference. Re claim 16, Cui, Tsai and Cirik teach all the limitations of claim 15 as well as Tsai teaches of sending third indication information to the second communication apparatus, wherein the third indication information is usable to indicate a third polarization manner expected by the communication apparatus (each SSB is only associated with a single polarization e.g., LHCP or RHCP as shown in FIG. 8A, Paragraph 0105), and the third polarization manner includes any one of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, Paragraph 0111 and Fig.8A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have sent, by the first communication apparatus, third indication information to the second communication apparatus so as to allow the network to dynamically adjust transmission to match the UE's polarization, improving signal quality and network performance. Re claim 20, Cui, Tsai and Cirik teach all the limitations of claim 15 as well as Tsai teaches of wherein the receiving the second indication information from the second communication apparatus includes receiving the second indication information is carried in a system information block (system information block, Paragraphs 0107 and 0110 – 0111). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the second indication information carried in a system information block to allow the UEs to select and access a network cell. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARISTOCRATIS FOTAKIS whose telephone number is (571)270-1206. The examiner can normally be reached M-F 8:30am-5:00pm. 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, Sam K Ahn can be reached at (571) 272-3044. 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. /ARISTOCRATIS FOTAKIS/ Primary Examiner, Art Unit 2633
Read full office action

Prosecution Timeline

Show 3 earlier events
Feb 04, 2026
Interview Requested
Feb 13, 2026
Response Filed
Feb 25, 2026
Applicant Interview (Telephonic)
Feb 25, 2026
Examiner Interview Summary
Mar 10, 2026
Final Rejection mailed — §103
Jun 09, 2026
Request for Continued Examination
Jun 12, 2026
Response after Non-Final Action
Sep 18, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+30.7%)
2y 11m (~5m remaining)
Median Time to Grant
High
PTA Risk
Based on 760 resolved cases by this examiner. Grant probability derived from career allowance rate.

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