Prosecution Insights
Last updated: April 19, 2026
Application No. 18/627,523

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Non-Final OA §103
Filed
Apr 05, 2024
Examiner
AMBAYE, MEWALE A
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
90%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
747 granted / 817 resolved
+33.4% vs TC avg
Minimal -1% lift
Without
With
+-1.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
32 currently pending
Career history
849
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 817 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 . This communication is response to claims filed on 02/11/25 via a preliminary amendment, which is considered by the examiner. Claims 1-20 are presented for examination. Claims 1-4, 6-13, 15-16 & 18 are amended. Information Disclosure Statement’s 5. The information disclosure statement(s) submitted on 09/16/24 & 01/27/25 have being considered by the examiner and made of record in the application file. Priority 6. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Drawing 7. The drawings filed on 04/05/24 are accepted by the examiner. Specification 8. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggested to change the title to “DATA TRANSMISSION THROUGH THE PROTOCOL DATA UNIT (PDU) SESSION BASED ON DATA ROUTING POLICY” Appropriate correction is required. Claims Objections 9. Claims 3-5, 12-13 & 14-15 are objected to because of minor informalities: 10. Claim 3, in part, recites, “…and/or…” in line 5. It is suggested to clarify the use of words instead of “/”. 11. Claims 4, 12-13 & 15 are also objected for the same reason as claim 3 above. 12. Claim 3, in part, recites, “…a DSCP…” in line 4. For consistency and clarification with “a DSCP” recited in claim 3, lines 3-4, it is suggested to change “a DSCP” in line 4, to “the DSCP”. 13. Claims 5 (a DSCP in line 3), 12 (a DSCP in line 3) & 14 (a DSCP in line 3) is also objected for the same reason as claim 3 above. 14. Claims 15 is also objected since they are depend upon objected claim 12 set forth above. 15. Claim 5, in part, recites, “…a TCID…” in line 3. For consistency and clarification with “a TCID” recited in claim 5, lines 3, it is suggested to change “a TCID” in line 3, to “the TCID”. 16. Claim 14 (TCID in line 3) is also objected for the same reason as claim 5 above. Claim Rejections - 35 USC § 103 17. 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 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 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 18. Claims 1-2, 6-11 & 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over ZTE et al. (hereinafter referred as ZTE) Chinese Application No. CN 108632953A, in view of Youyang et al. (hereinafter referred as Yooyang) European Patent Application No. EP 3 755 117 A1 (as disclosed in the IDS). Regarding claim 1: Zeng discloses an apparatus (See Page 30; Session Management Function (SMF)) comprising: receive first information (corresponding to the PDU session establishment request message) from a first node (Corresponding to a User Equipment (UE)) for requesting to establish a first protocol data unit (PDU) session (See page 30; Steps 701-702; the non-3GPP access network (i.e., UE) sends a PDU session establishment request message to the SMF over the AMF, in which routing rules information requesting the PDU session is carried); send second information to the first node (See Page 21-22; the SMF transmits the PDU session message to the UE), wherein the second information (corresponding to the PDU session message) indicates an identifier of the first PDU session and a first quality of service (QOS) configuration policy corresponding to the first PDU session (See Page 21-22; the SMF transmits the PDU session message to the UE, including a PDU session identification of a currently existing PDU session, PDU IP address of a currently existing PDU session, data network information of the currently existing PDU session connection, routing rules information or QoS rule); and send third information (Corresponding to PDU session establishment response message ) to the first node (See Page 28-29; the SMF sends a PDU session establishment response message to the UE over the AMF, PDU session parameters like session identity, IP address, data network name carried in the PDU session establishment response message, and routing rues according to which the UE subsequently performs routing IP flows), wherein the third information indicates a data routing policy corresponding to the first PDU session, and the data routing policy comprises session information of the first PDU session (See Page 28-29; the SMF sends a PDU session establishment response message to the UE over the AMF, PDU session parameters like session identity, IP address, data network name carried in the PDU session establishment response message, and routing rues according to which the UE subsequently performs routing IP flows). Zeng does not explicitly discloses an apparatus (i.e., SMF) comprising at least one processor; and at least one memory. However, Youyang from the same field of endeavor discloses an apparatus (See FIG. 15; an apparatus 200 (i.e., access network node)) comprising: at least one memory (See FIG. 15; an apparatus includes a storage unit 240), coupled to the at least one processor (See FIG. 15; an apparatus includes a processing unit 210), and storing programming instructions that when executed by the at least one processor cause the apparatus to: receive first information from a first node (See Para. 0390 & 0404; an access network device receives indication information from the first core network). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an apparatus comprising a memory as taught by Youyang in the system of ZTE to implement an update procedure of a multi-access PDU session (See Para. 0006; lines 2-3). Regarding claim 2: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the method comprises: perform, based on the data routing policy, data transmission through the first PDU session (See Page 21-22; the SMF transmits the PDU session message to the UE, including a PDU session identification of a currently existing PDU session, PDU IP address of a currently existing PDU session, data network information of the currently existing PDU session connection, routing rules information or QoS rule. The SMF initiates the user plane tunnel establishment procedure between the non-3GPP access network and the UPF). Regarding claim 6: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the method further comprises: receive fourth information from a third node, wherein the fourth information indicates a second QoS configuration policy of the first PDU session, and the second QoS configuration policy comprises a 5G quality of service indicator (5QI) (See Page 25; Step 510; the SMF sending to the PCF a policy control update request containing UE access registration information from WLAN, the PCF decides that the current PDU session is associated with the WLAN, sends the routing rules information or QoS information of the decided UE PDU session to the SMF through the policy control update response message. Wherein the routing rules information indicates the routing of the IP flows, i.e., whether the IP flows are routed from the WLAN access network or the 3GPP access network). Regarding claim 7: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the fourth information is carried in a non-access stratum (NAS) message (See Page 8; non-access stratum signaling). Regarding claim 8: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the programming instructions, when executed by at least one processor, further cause the apparatus to: before receiving the fourth information from a third node, send first request information, wherein the first request information for requesting the second QoS configuration policy of the first PDU session (See Pages 26; the PCF sends routing rules information or QoS information of the decided UE PDU session to the SMF through the policy control update response message). Regarding claim 9: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the programming instructions, when executed by at least one processor, further cause the apparatus to: after a registration request is sent to the third node and before the first information is received, the method further comprises: send the first request information (See Pages 26; the PCF sends routing rules information or QoS information of the decided UE PDU session to the SMF through the policy control update response message). Regarding claim 10: Zeng discloses an apparatus (See Page 30; a Use Equipment (UE)) comprising: send first information to a second node, wherein the first information is used to request to establish a first protocol data unit (PDU) session (See page 30; Steps 701-702; the non-3GPP access network (i.e., UE) sends a PDU session establishment request message to the SMF over the AMF, in which routing rules information requesting the PDU session is carried); receive second information sent by the second node (See Page 21-22; the SMF transmits the PDU session message to the UE), wherein the second information indicates an identifier of the first PDU session and a first quality of service (QOS) configuration policy corresponding to the first PDU session (See Page 21-22; the SMF transmits the PDU session message to the UE, including a PDU session identification of a currently existing PDU session, PDU IP address of a currently existing PDU session, data network information of the currently existing PDU session connection, routing rules information or QoS rule); and receive third information sent by the second node (See Page 28-29; the SMF sends a PDU session establishment response message to the UE over the AMF, PDU session parameters like session identity, IP address, data network name carried in the PDU session establishment response message, and routing rues according to which the UE subsequently performs routing IP flows), wherein the third information indicates a data routing policy corresponding to the first PDU session, and the data routing policy comprises session information of the first PDU session (See Page 28-29; the SMF sends a PDU session establishment response message to the UE over the AMF, PDU session parameters like session identity, IP address, data network name carried in the PDU session establishment response message, and routing rues according to which the UE subsequently performs routing IP flows). Zeng does not explicitly discloses the apparatus includes at least one processor; and at least one memory, coupled to the at least one processor, and storing programming instructions for execution by the at least one processor and causing the apparatus to: However, Youyang from the same field of endeavor discloses the apparatus includes at least one processor (See FIG. 14; an apparatus 100 includes processing unit 110); and at least one memory (See FIG. 14; an apparatus 100 includes storage unit 140), coupled to the at least one processor, and storing programming instructions for execution by the at least one processor and causing the apparatus to: send first information to a second node (See Para. 0390 & 0404; an access network device receives indication information from the first core network). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include at least one processor; and at least one memory as taught by Youyang in the system of Zeng to implement an update procedure of a multi-access PDU session (See Para. 0006; lines 2-3). Regarding claim 11: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the programming instructions, when executed by the at least one processor, further cause the apparatus to: perform, based on the data routing policy, data transmission through the first PDU session (See Page 21-22; the SMF transmits the PDU session message to the UE, including a PDU session identification of a currently existing PDU session, PDU IP address of a currently existing PDU session, data network information of the currently existing PDU session connection, routing rules information or QoS rule. The SMF initiates the user plane tunnel establishment procedure between the non-3GPP access network and the UPF). Regarding claim 16: Zeng discloses an apparatus (See Page 30; Session Management Function (SMF)) comprising: sending fourth information to a second node, wherein the fourth information indicates a second quality of service (QOS) configuration policy of a first PDU session, and the second Qos configuration policy comprises a 5G quality of service indicator (5QI) (See Page 25; Step 510; the SMF sending to the PCF a policy control update request containing UE access registration information from WLAN, the PCF decides that the current PDU session is associated with the WLAN, sends the routing rules information or QoS information of the decided UE PDU session to the SMF through the policy control update response message. Wherein the routing rules information indicates the routing of the IP flows, i.e., whether the IP flows are routed from the WLAN access network or the 3GPP access network). Zeng does not explicitly discloses the apparatus includes at least one processor; and at least one memory, coupled to the at least one processor, and storing programming instructions for execution by the at least one processor and causing the apparatus to: However, Youyang from the same field of endeavor discloses the apparatus includes at least one processor (See FIG. 15; an apparatus 200 includes processing unit 210); and at least one memory (See FIG. 14; an apparatus 200 includes storage unit 240), coupled to the at least one processor, and storing programming instructions for execution by the at least one processor and causing the apparatus to: Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include at least one processor; and at least one memory as taught by Youyang in the system of Zeng to implement an update procedure of a multi-access PDU session (See Para. 0006; lines 2-3). Regarding claim 17: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the fourth information is carried in a non-access stratum (NAS) message (See Page 8; non-access stratum signaling). Regarding claim 18: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the programming instructions, when executed by the at least one processor, further cause the apparatus to: before sending the fourth information to the second node, receive first request information, for requesting the second QoS configuration policy of the first PDU session (See Pages 26; the PCF sends routing rules information or QoS information of the decided UE PDU session to the SMF through the policy control update response message). Regarding claim 19: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein the first request information is carried in a registration request received from the second node See Page 25; Step 510; the SMF sending to the PCF a policy control update request containing UE access registration information from WLAN, the PCF decides that the current PDU session is associated with the WLAN, sends the routing rules information or QoS information of the decided UE PDU session to the SMF through the policy control update response message). Regarding claim 20: The combination of Zeng and ZTE disclose the apparatus. Furthermore, Zeng discloses the apparatus, wherein communication with the second node is performed by using a second communication technology; and a service is provided, by using the second communication technology, for a first node that uses a first communication technology (See page 30; Steps 701-702; the 3GPP access network or the non-3GPP access network is selected to sends a PDU session establishment request message to the SMF over the AMF, in which routing rules information requesting the PDU session is carried). 19. Claims 4 & 13 are rejected under 35 U.S.C. 103 as being unpatentable over ZTE, in view of Youyang, further in view of Hong et al. (hereinafter referred as Hong) international Publication No. WO 2018/062949 A1 (as disclosed in the IDS). Regarding claims 4 & 13: The combination of Zeng and ZTE disclose all the limitations of the claimed invention with an exception of wherein the data routing policy comprises a number of QoS flows comprised in the first PDU session, a mapping manner of the first PDU session, a number of first nodes comprised in the first PDU session (See Fig. 5; Step 308; the base station receives user plane data, obtains QoS information of a data packet according to header information of the data packet, and the base station should have a QoS Flow to DRB mapping function. The mapping function module maps one or more QoS flows to a DRB, and a mapping principle mainly refers to QoS of the QoS Flow. For example, the packet header indicates QoS Flow-1. According to the saved QoS policy, the specific QoS requirement corresponding to QoS Flow-1 can be known, and a default DRB or a certain DRB that has been established can meet the QoS requirement). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the data routing policy comprises a number of QoS flows comprised in the first PDU session, a mapping manner of the first PDU session, a number of first nodes comprised in the first PDU session as taught by Hong in the combined system of Youyang and Zeng to io improve the throughput of the system and improve the reliability of data receiving and increase transmission rate (See Para. 0008; lines 1-3). Allowable Subject Matter 20. Claims 3, 5, 12 & 14-15 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 and the claim objection set forth above. Conclusion 21. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure. A. Doostnejad et al. 2024/0015569 A1 (Title: Quality of service management for 5G network) (See Abstract, Para. 0012 & 0037-0038). B. HE et al. 2024/0251300 A1 (Title: Communication method and apparatus and system) (See abstract, Para. 0006 & 00813-0016). C. Xiong et al. 2023/0073391 A1 (Title: Handover process-based message transmitting….) (See FIG. 1, Para. 0046, 0050 & 0160). 22. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m.. 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, 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /MEWALE A AMBAYE/Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Apr 05, 2024
Application Filed
Mar 17, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604353
COMMUNICATION SYSTEM AND COMMUNICATION CONTROL METHOD TO AVOID UNINTENDED CONTROL ON MULTIPLE COMMUNICATION DEVICES
2y 5m to grant Granted Apr 14, 2026
Patent 12598603
USER EQUIPMENT PREEMPTION OF SIDELINK COMMUNICATIONS
2y 5m to grant Granted Apr 07, 2026
Patent 12598516
INTELLIGENT ALLOCATION OF INTERNET PROTOCOL (IP) MULTIMEDIA SUBSYSTEM (IMS) RESOURCES
2y 5m to grant Granted Apr 07, 2026
Patent 12598025
METHOD AND DEVICE TO IMPROVE RECEPTION/TRANSMISSION RELIABILITY, AND PROVIDE COMMUNICATION FLEXIBILITY AND EFFICIENCY
2y 5m to grant Granted Apr 07, 2026
Patent 12592754
SPATIAL QUANTIZATION FOR SPHERICAL COVERAGE OF USER EQUIPMENT
2y 5m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
90%
With Interview (-1.3%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 817 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month