Prosecution Insights
Last updated: April 19, 2026
Application No. 18/619,573

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103
Filed
Mar 28, 2024
Examiner
FOTAKIS, ARISTOCRATIS
Art Unit
2633
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
531 granted / 745 resolved
+9.3% vs TC avg
Strong +31% interview lift
Without
With
+30.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
35 currently pending
Career history
780
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 745 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 . Response to Arguments Applicant's arguments filed February 13, 2026 have been fully considered but they are not persuasive. Applicants submit that Cui merely teaches that, for UE in connected mode, polarization information of neighboring cell is included in UE-specific information, while for UE in idle or inactive mode, dedicated measurement configuration may not be available. Thus, according to Cui, polarization information of neighboring cell is included in system information in inactive mode. System information is a broadcast signaling, which is different from the dedicated signaling. Cirik at most disclose RACH parameters can be included in dedicated RRC messages in RRC inactive state. (Cirik,1 0164.) As shown in Fig. 6, Cirik shows a generic state transition between 3 RRC states. Cirik is completely silent on polarization manner of neighboring cell. Examiner submits that Cui, polarization information of neighboring cell is included in system information in inactive mode, where dedicated signaling may not be available (Paragraph 0176). Cirik teaches of wherein the receiving, by the first communication apparatus, the first indication information from the second communication apparatus carrying the first indication information in terminal-level information further includes receiving radio resource control signaling (dedicated RRC messages, Paragraph 0164). Cirik further teaches of wherein the receiving the radio resource control signaling includes receiving is radio resource control resume (Connection Resume, #614, Fig.6). Thus, Cirik teaches of a communication apparatus being in an inactive state is located, and a first indication information is carried in terminal-level information, wherein the terminal-level information is radio resource control resume signaling. Therefore, the combination of Cui, Cirik and Cheema teach all the combinations of claim 1. 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 Cirik et al (US 2024/0056987) and further in view of Cheema et al (US 2024/0031001). 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 of the neighboring cell includes one or more of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing. 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. 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 wherein the receiving the radio resource control signaling includes receiving is radio resource control resume (Connection Resume, #614, Fig.6). Cheema teaches of a communication method, comprising: receiving, by a first communication apparatus (#102, Fig.1 and Paragraph 0082), first indication information from a second communication apparatus (#104, Fig.1 and Paragraph 0082), wherein the first indication information is usable to indicate a first polarization manner (polarization indication that indicates a polarization type, Paragraph 0082), the first polarization manner includes one or more of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, linear polarization, Paragraphs 0088, 0105 and 0127 and Table 1). 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 and the radio resource control signaling includes receiving a radio resource control resume so as to allow the UE to return to a connected state. 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. Re claim 2, Cui, Cirik and Cheema teach all the limitations of claim 1 as well as Cheema 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 (In the third embodiment, depending upon a deployment configuration of an NTN cell, a gNB may indicate polarization…, Paragraph 0098), 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, linear polarization, Paragraphs 0105 and 0127 and Table 1); and communicating, by the first communication apparatus, with the second communication apparatus in the second polarization manner (configuration information indicates at least one polarization type for downlink reception, for uplink transmission, or a combination thereof, Paragraphs 0061 – 0062 and Paragraphs 0093 – 0094). 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, Cirik and Cheema teach all the limitations of claim 2 as well as Cheema 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 (the UE indicates its polarization capability implicitly or explicitly, Paragraphs 0090, 0097 and 0104), 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, linear polarization, Paragraphs 0105 and 0127 and Table 1). 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, Cirik and Cheema teach all the limitations of claim 2 as well as Cheema 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 0085 and 0093). 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 of the neighboring cell includes one or more of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing. Cui does not specifically teach of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control resume signaling. 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 wherein the receiving the radio resource control signaling includes receiving is radio resource control resume (Connection Resume, #614, Fig.6). Cheema teaches of a communication method, comprising: transmitting, by a second communication apparatus (#104, Fig.1 and Paragraph 0082), first indication information to a first communication apparatus (#102, Fig.1 and Paragraph 0082), wherein the first indication information is usable to indicate a first polarization manner (polarization indication that indicates a polarization type, Paragraph 0082), the first polarization manner of the neighboring cell includes one or more of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, linear polarization, Paragraphs 0105 and 0127 and Table 1). 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 and the radio resource control signaling includes receiving a radio resource control resume so as to allow the UE to return to a connected state. 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. Re claim 9, Cui, Cirik and Cheema teach all the limitations of claim 8 as well as Cheema 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 (In the third embodiment, depending upon a deployment configuration of an NTN cell, a gNB may indicate polarization…, Paragraph 0098), 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, linear polarization, Paragraphs 0105 and 0127 and Table 1); and sending, by the second communication apparatus, the second indication information (configuration information indicates at least one polarization type for downlink reception, for uplink transmission, or a combination thereof, Paragraphs 0061 – 0062 and Paragraphs 0093 – 0094). 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, Cirik and Cheema teach all the limitations of claim 9 as well as Cheema 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 (the UE indicates its polarization capability implicitly or explicitly, Paragraphs 0090, 0097 and 0104), 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, linear polarization, Paragraphs 0105 and 0127 and Table 1). 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 of the neighboring cell includes one or more of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing. Cui does not specifically teach of the first indication information being carried in terminal-level information, wherein the terminal-level information is radio resource control resume signaling. 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 wherein the receiving the radio resource control signaling includes receiving is radio resource control resume (Connection Resume, #614, Fig.6). Cheema teaches of receiving, by a first communication apparatus (#102, Fig.1 and Paragraph 0082), first indication information from a second communication apparatus (#104, Fig.1 and Paragraph 0082), wherein the first indication information is usable to indicate a first polarization manner (polarization indication that indicates a polarization type, Paragraph 0082), the first polarization manner of the neighboring cell includes one or more of left hand circular polarization, right hand circular polarization, linear polarization, or cross polarization multiplexing (LHCP, RHCP, linear polarization, Paragraphs 0105 and 0127 and Table 1). 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 and the radio resource control signaling includes receiving a radio resource control resume so as to allow the UE to return to a connected state. 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. Re claim 15, Cui, Cirik and Cheema teach all the limitations of claim 14 as well as Cheema 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 (In the third embodiment, depending upon a deployment configuration of an NTN cell, a gNB may indicate polarization…, Paragraph 0098), 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, linear polarization, Paragraphs 0105 and 0127 and Table 1); and communicating with the second communication apparatus in the second polarization manner (transmitting uplink data using the polarization type indicated in the system information block, Paragraph 0143). 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, Cirik and Cheema teach all the limitations of claim 15 as well as Cheema 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 (the UE indicates its polarization capability implicitly or explicitly, Paragraphs 0090, 0097 and 0104), 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, linear polarization, Paragraphs 0105 and 0127 and Table 1). 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, Cirik and Cheema teach all the limitations of claim 15 as well as Cheema 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 0085 and 0093). 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. Claims 6, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cui, Cirik and Cheema in view of ETSI TS 138 331 V16.1.0 (5G, NR, Radio Resource Control (RRC), Protocol specification, 3GPP TS 38.331 version 16.1.0 Release 16, 2020-07). Re claims 6, 13 and 19, Cui, Cirik and Cheema teach all the limitations of claims 5, 12 and 18, as well as Cirik teaches of wherein the receiving the first indication information includes receiving in the radio resource control resume (see claim 1). However, Cui, Cirik and Cheema do not specifically teach of the first indication information is carried in a MeasConfig field or a MeasObjectNR field. ETSI TS 138 331 V16.1.0 discloses of the MeasConfig field (Pages 435 – 436) or a MeasObjectNR field (Page 448 – 449). 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 a MeasConfig field or a MeasObjectNR field so as to conform to the 3GPP standard. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
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Prosecution Timeline

Mar 28, 2024
Application Filed
May 15, 2024
Response after Non-Final Action
Nov 10, 2025
Non-Final Rejection — §103
Feb 04, 2026
Interview Requested
Feb 13, 2026
Response Filed
Feb 25, 2026
Applicant Interview (Telephonic)
Feb 25, 2026
Examiner Interview Summary
Mar 06, 2026
Final Rejection — §103 (current)

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Expected OA Rounds
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