Prosecution Insights
Last updated: October 01, 2026
Application No. 18/640,406

INFORMATION TRANSMISSION METHOD AND APPARATUS

Final Rejection §103
Filed
Apr 19, 2024
Priority
Oct 21, 2021 — CN 202111227046.3 +2 more
Examiner
SHEDRICK, CHARLES TERRELL
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
789 granted / 1016 resolved
+15.7% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
33 currently pending
Career history
1050
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1016 resolved cases

Office Action

§103
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 with respect to claim(s) 1-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the following references with regard to the methods of modulation. In other words, the claims have been amended to reflect the application of two distinct modulation schemes. Based on the amendment the process of modulation or as defined is the changing a property of a high-frequency carrier wave (like its amplitude, frequency, or phase) using a low-frequency message or data signal. This allows information to travel over long distances, reduces antenna sizes, and stops signals from interfering with each other. US 20200015166 A1 teaches a wireless communication terminal includes: a first wireless transceiver for transmitting and receiving a signal transmitted through a first modulation method; a second wireless receiver for receiving a signal transmitted through a second modulation method different from the first modulation method; and a processor. The processor receives a wake-up packet from a base wireless communication terminal through the second wireless receiver, and wakes-up the first wireless transceiver based on the wake-up packet, and maintains the second wireless receiver in a state capable of receiving at least from a time point at which the wake-up packet is received until a time point an exchange of frames with the base wireless communication terminal for the first time through the first wireless transceiver. Paragraph 0092 “A part of the WUR signal may be transmitted in a different modulation method from the modulation of the PCR signal. For example, a part of the WUR signal may be transmitted by using On-Off Keying (OOK).” US 20240147424 A1 teaches Paragraph 0186 “For another example, modulation schemes of the first signal and the second signal are different. For example, a modulation scheme of the second signal is the OOK, and a modulation scheme of the first signal is another modulation scheme, for example, any one of the following: pi/2-binary phase shift keying (BPSK), quadrature phase shift keying (QPSK), 16 quadrature amplitude modulation (QAM), 64 QAM, 256 QAM, phase shift keying (PSK), amplitude phase shift keying (APSK), non-uniform QAM, and the like. [0188] A modulation scheme of the third signal may be different from the modulation scheme of the first signal and the modulation scheme of the second signal. Alternatively, a modulation scheme of the third signal may be the same as the modulation scheme of the first signal, and may be different from the modulation scheme of the second signal. Alternatively, a modulation scheme of the third signal may be different from the modulation scheme of the first signal, and may be the same as the modulation scheme of the second signal. [0191] For example, waveforms of the first signal and the second signal are the same. For example, the waveforms of the first signal and the second signal are the OOK. For another example, waveforms of the first signal and the second signal are different. For example, a waveform of the second signal is the OOK, and a waveform of the first signal is another waveform, for example, an orthogonal frequency division multiplexing (OFDM) waveform. US Patent No.: 6, 377817 - Asymmetric Data Transmission For Use In A Multi-modulation Environment Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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. Claim(s) 21-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haque at al. US Patent Pub. No.: 2020/0314752 A1, hereinafter, ‘Haque’ in view of Doherty et al. US Patent Pub No.: 20200288395, hereinafter, ‘Doherty’. Consider Claims 34, and as applied to the method of 21 and as applied to the CRM of Claim 38, Haque teaches a apparatus (e.g., see structural HW architecture in at least figures 11 and 12 ), comprises: one or more processors; and one or more memories coupled to the one or more processors, the one or more memories are configured to store computer program code, the computer program code comprises computer instructions, and when the one or more processors execute the computer instructions, the apparatus is enabled to perform a method comprising: receiving area identification information through a first frequency resource (e.g., see active and passive receiver as noted with respect to 0232 –“ the device may use its passive transceiver to interpret signals received from the eNodeBs and the facilitator. The device may turn on its primary active transmitter and may send data back to the network.”); and performing an area update procedure or receiving system information based on the area identification information through a second frequency resource (e.g., see at least 0244 – “The device may receive the signal containing the uplink configuration information with its primary active receiver”), the first frequency resource being different from the second frequency resource(e.g., see active and passive receiver as noted with respect to 0232 –“ the device may use its passive transceiver to interpret signals received from the eNodeBs and the facilitator. The device may turn on its primary active transmitter and may send data back to the network.” – see also 0248 –“A device may include one or multiple primary active transceivers (TRXs), one or multiple passive receivers”). (These limitations are further met based on at least 0272 which discusses receiving system info and the tracking area update procedure). However, does not specifically teach wherein the area identification information is carried in a first signal, and a modulation scheme of the first signal is OOK and using a second signal that is transmitted through a second frequency resource, wherein the modulation scheme of the first signal is different from a modulation scheme of the second signal. In analogous art, Doherty teaches in paragraph 0045, The managers 300a and 300b can also be used as the primary manager, responsible for sending out the wake packets. The same transceiver 304a or 304b can be used for sending wake signals as is used for general data communication with the wireless nodes 106a-106h. For example, the manager 300a can send a wake signal to a node 106a-106h through the transceiver 304a using a first modulation, such as OOK, and then use a second, different, modulation for general data communication with the node 106a-106h. In other examples, a manager can use separate transceivers for sending wake signals and for sending general data communication. While described as using separate modulation for the wake signal, the transceivers can use a separate data rate, channel frequency, other wireless link parameter, or a combination thereof for the wake signal. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try wherein the area identification information (i.e., DATA ) is carried in a first signal, and a modulation scheme of the first signal is OOK and using a second signal that is transmitted through a second frequency resource, wherein the modulation scheme of the first signal is different from a modulation scheme of the second signal for the purpose of power conservation and/or low/high rate data processing. Consider Claims 22 and as applied to Claim 35, Haque teaches wherein the area identification information comprises: a tracking area identifier, and performing the area update procedure or receiving system information based on the area identification information through the second frequency resource comprises: performing a tracking area update procedure through the second frequency resource in response to determining, based on the tracking area identifier, that a tracking area of a terminal device is updated (e.g., see tracking area procedure in at least 0272-0273); an access network area identifier, and the performing the area update procedure or receiving system information based on the area identification information through the second frequency resource comprises: performing an access network area update procedure through the second frequency resource in response to determining, based on the access network area identifier, that an access network area of the terminal device is updated; or a cell identifier, and the performing the area update procedure or receiving system information based on the area identification information through the second frequency resource comprises: receiving, through the second frequency resource, system information of a cell indicated by the cell identifier in response to determining, based on the cell identifier, that a cell of the terminal device is updated. Consider Claim 23 and as applied to claim 36, Haque teaches wherein receiving the area identification information through the first frequency resource comprises: receiving a first signal through the first frequency resource, wherein the first signal comprises the area identification information, and the first signal further comprises paging information (e.g., see TAU and paging information as noted in at least 00272-073 – TAU and paging procedure noted in at least 0222). Consider Claim 24 and as applied to claim 37, Haque teaches wherein receiving the area identification information through the first frequency resource comprises: receiving a synchronization signal through the first frequency resource, wherein the synchronization signal comprises the area identification information (e.g., see 0222 sync and UL system info with respect to 0271-0272). Consider Claim 25, Haque teaches wherein the area identification information is transmitted periodically (e.g., see at least 0217 – “The network may broadcast TAU commands from one, a few or all eNBs in a tracking area (TA). This may be done in a periodic manner or at random intervals”). Consider Claim 26, Haque teaches wherein the method further comprises: receiving a synchronization signal through the first frequency resource, wherein the synchronization signal is transmitted periodically(e.g., see synchronization in at least 0222); and receiving the area identification information through the first frequency resource comprises receiving the area identification information through the first frequency resource after a preset duration after receiving of the synchronization signal is completed, wherein the preset duration is greater than or equal to o (e.g., this is met within the context of at least 0253 which suggest – “…the network waits a pre-configured amount of time after every power and time duration setting…”). Consider Claim 27, Haque teaches wherein: a periodicity of the area identification information is the same as a periodicity of the synchronization signal; or a periodicity of the area identification information is an integer multiple of a periodicity of the synchronization signal(e.g., this is met within the context of at least 0253 which suggest – “…the network waits a pre-configured amount of time after every power and time duration setting…” – see also -0222, 0231 0243, 0255-0256). Consider Claim 28, Haque teaches wherein the method is performed by a terminal device, wherein the terminal device comprises a first circuit and a second circuit (e.g., see circuits in at least figures 11 and 12), wherein the terminal device receives the area identification information via the first circuit, and the terminal device performs the area update procedure or receives the system information via the second circuit (e.g., see tracking area and system info in at et least 0272-0273). Consider Claim 29, Haque teaches wherein: receiving a first signal through the first frequency resource, wherein the first signal comprises the area identification information, and the first signal further comprises paging information (e.g., see paging procedure noted int the context of 0222); a waveform of the first signal is different from a waveform of a second signal(e.g., see optimized waveform in at least 0165), or a modulation scheme of the first signal is different from a modulation scheme of the second signal(e.g., this is met by at least 0201 – “The network may employ one or more unmodulated carrier or traditional carrier modulation techniques such as on-off keying (OOK), binary phase-shifted keying (BPSK), quadrature phase-shifted keying (QPSK), quadrature amplitude modulation (QAM), or the like, to transmit the wakeup command…”), wherein the first signal is a signal that carries the area identification information or the paging information, and the second signal is transmitted through the second frequency resource. Consider Claim 30, Haque teaches wherein: the waveform or the modulation scheme of the first signal is on-off keying (OOK), or the waveform or the modulation scheme of the second signal is orthogonal frequency division multiplexing (OFDM) (e.g., this is met by at least 0201 – “The network may employ one or more unmodulated carrier or traditional carrier modulation techniques such as on-off keying (OOK), binary phase-shifted keying (BPSK), quadrature phase-shifted keying (QPSK), quadrature amplitude modulation (QAM), or the like, to transmit the wakeup command…”), wherein the first signal carries the area identification information or the paging information, and the second signal is transmitted through the second frequency resource (e.g., see first and second signal with respect to TAU noted in at least 0271-0272). Consider Claim 31, Haque teaches wherein the method is performed by a terminal device, and wherein the method further comprises: receiving paging information through the first frequency resource, wherein the paging information comprises information about one or more terminal devices to receive paging, and the one or more terminal devices comprises the terminal device(e.g., see paging procedure noted int the context of 0222); and receiving first information or initiating random access, wherein the first information comprises: paging downlink control information (DCI), a paging message, or a paging early indication (PEI)(i.e., a paging message ) (e.g., see paging procedure noted int the context of 0222). Consider Claim 32, Haque teaches wherein receiving the first information or initiating random access comprises: receiving the first information or initiating random access through the second frequency resource(note: 0222- “Although provided as a list, it should be understood that these procedures may be implemented in any applicable order, one or more of the outlined steps may be omitted, and one or more steps may be added to the procedure” )(e.g., see active and passive receiver as noted with respect to 0232 –“ the device may use its passive transceiver to interpret signals received from the eNodeBs and the facilitator. The device may turn on its primary active transmitter and may send data back to the network.” – see also 0248 –“A device may include one or multiple primary active transceivers (TRXs), one or multiple passive receivers”). Consider Claim 33, Haque teaches wherein the terminal device comprises a first circuit and a second circuit (e.g., see figures 11 and 12), wherein the terminal device receives the area identification information and the paging information via the first circuit, and the terminal device receives the first information or initiates random access via the second circuit(e.g., at least 0222 which provides a first context for the paging procedure). Consider Claim 39, Haque teaches a chip, wherein the chip is coupled to a memory, and is configured to read and execute program instructions stored in the memory, to implement the method according to claim 21 (e.g., this is met based on the structural architecture of figure 11 and 12 as described within the context of figure 320). Consider Claim 40, Haque teaches a chip, wherein the chip is coupled to a memory, and is configured to read and execute program instructions stored in the memory, to implement the method according to claim 22(e.g., this is met based on the structural architecture of figure 11 and 12 as described within the context of figure 320). Conclusion THIS ACTION IS MADE FINAL. 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 CHARLES TERRELL SHEDRICK whose telephone number is (571)272-8621. The examiner can normally be reached 8A-5P. 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, Matthew D Anderson can be reached at 571 272 4177. 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. /CHARLES T SHEDRICK/Primary Examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Apr 19, 2024
Application Filed
Mar 27, 2026
Non-Final Rejection mailed — §103
May 27, 2026
Response Filed
Aug 17, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
87%
With Interview (+9.5%)
2y 8m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1016 resolved cases by this examiner. Grant probability derived from career allowance rate.

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