Prosecution Insights
Last updated: October 01, 2026
Application No. 18/673,913

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103§112
Filed
May 24, 2024
Priority
Nov 25, 2021 — CN 202111415159.6 +1 more
Examiner
BELUR, DEEPA
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
503 granted / 600 resolved
+25.8% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
16 currently pending
Career history
616
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
61.1%
+21.1% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 600 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the amendment filed on 6/25/2026. Title of the specification has been amended, as suggested. New corrected drawing are provided for FIG. 4. to correct a typo, as suggested. Claims 1-10, 12-14, 19-21, 26-28 are cancelled. Claims 31-38 are new. Claims 11, 18, 25 are amended. Claims 11, 15-18, 22-25, 29-38 are examined and rejected, based on new grounds of rejection. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 36 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. This claim recites in part: “… the method according to claim 11, wherein the first network device and the second network device are a same base station.” The underlined claim limitation lacks description and is a new matter. 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. Claim(s) 11, 15-16, 18, 22-23, 25, 29-33, 35, 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nammi (US 20200412502 A1, hereinafter “Nammi”) in view of Lei (US20240064755 A1). Regarding Claim 11, Nammi teaches a method, comprising: sending, by a first network device (see FIG. 1., cell 116 associated with network node device 112), a first signal to a first terminal device on a first time- frequency resource, wherein the first time-frequency resource is of a first carrier, and the first carrier is of a first cell accessed by the first terminal device (see FIG. 1. para 40, respective network node devices/i.e., network node device 112, can communicate respective reference signals/i.e., for example, a first reference signal, to respective communication devices/i.e., communication device 106 via cell 116/i.e., first cell or first carrier; see para 45, The RS management component/i.e., in the network node, can communicate information regarding the reference signals, including, the resource element pattern for communicating the reference signals, and/or domain information (e.g., time, frequency, or code domain)/i.e., first time-frequency resources, to the communication device to facilitate informing the communication device about the configuration (e.g., resource element pattern, domain, etc.) of the reference signals being used (e.g., for downlink transmission)); and sending, by a second network device (see FIG. 1., cell 114 associated with network node device 110), a second signal to a second terminal device on a second time-frequency resource, wherein the second time-frequency resource is of a second carrier, the second carrier is of a second cell accessed by the second terminal device (see FIG. 1. para 40, respective network node devices/i.e., network node device 110, can communicate respective reference signals/i.e., for example, a second reference signal, to respective communication devices/i.e., communication device 104 via cell 114/i.e., second cell or second carrier) /i.e., second time-frequency resources, and the first time- frequency resource and the second time-frequency resource are different time-frequency resources (see para 115, NR architecture can be designed to support multiple deployment cases for independent configuration of resources used for RACH procedures; also see para 69, FIG. 6., example, resource element patterns illustrate the use of different resource element patterns for use in generating different reference signals for neighboring or proximately located cells), wherein the first carrier and the second carrier overlap in an overlapping frequency band (see para 39, The coverage area of a cell (e.g., 114) can overlap one or more other coverage areas of one or more other cells (e.g., 116) that are, for example, neighboring, adjacent to, or in proximity), Nammi teaches the above detials and also teaches para 62: to facilitate managing reference signals employed with regard to cells that are neighboring or otherwise proximately located to each other (e.g., having cell coverage areas that overlap or are otherwise proximately located to each other), the RS management component can determine a first resource element pattern to use for first reference signals of a first cell (e.g., 114) with respect to a first communication device (e.g., 104) and a second resource element pattern to use for second reference signals of a second cell (e.g., 116) with respect to a second communication device (e.g., 106) in the time domain, frequency domain; at paras 70-72, FIG. 6. Teaches that the RS management component can determine, select, shift, adjust, or otherwise arrange/i.e., representing staggering resources elements. Nammi does not teach a arranging resource elements in “slots”, i.e. the limitation: within the overlapping frequency band a slot in which the first time- frequency resource is located is staggered from a slot in which the second time-frequency resource is located, so that the first signal and the second signal are sent in different slots. Lei teaches the limitation: see FIG. 4., paras 70-72, a DCI format schedules a plurality of PDSCHs (e.g., PDSCHs 421, 423, and 425) on a plurality of carriers (e.g., carriers 431, 433, and 435), respectively. It is assumed that the three carriers have different SCS values. The single slot level offset is applied to carrier 431 with the highest 60 kHz SCS. For example, a UE may determine that the slot for PDSCHs 421 on carrier 431 is slot i+3. Since slot j+1 on carrier 433 and slot k on carrier 435 overlap slot i+3 in the time domain, the UE may further determine that the slot for PDSCHs 423 on carrier 433 is slot j+1, and the slot for PDSCHs 425 on carrier 435 is slot k; also see para 131, the UE may determine, based on the single slot level offset, a first slot (e.g., slot i+3 in FIG. 4) of the plurality of slots on a carrier with the highest SCS value among the plurality of carriers. The remaining slots (e.g., slot j+1 and slot k in FIG. 4) of the plurality of slots on the remaining carriers of the plurality of carriers may overlap the first slot in the time domain. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the system of Nammi, to include the staggering of slots to schedule resource allocation for overlapped carriers as taught by Lei, the motivation being scheduling time domain resource allocation in multiple overlapping carriers and for dynamic spectrum sharing (Lei, para 29). Regarding Claims 15, 22, 29, Nammi teaches: the first signal comprises a channel state information-reference signal (CSI-RS) or (see para 29, transmit reference signals (e.g., channel state information (CSI)-reference signals (RS) (CSI-RS), demodulation reference signals (DM-RS)) having respective signal patterns in the coding chain to improve performance of MIMO communication systems) or Regarding Claims 16, 23, 30 Nammi teaches: the first signal comprises a channel state information-reference signal (CSI-RS) and the second signal comprises another CSI-RS (see para 29, transmit reference signals (e.g., channel state information (CSI)-reference signals (RS) (CSI-RS)/i.e., first and second CSI-RSs), having respective signal patterns in the coding chain to improve performance of MIMO communication systems). Regarding Claim 18, Nammi teaches an apparatus (see FIG. 13. access point), comprising: a processor; and a non-transitory computer-readable storage medium storing a program that is executable by the processor, the program including instructions to: send a first signal to a first terminal device on a first time-frequency resource, wherein the first time-frequency resource is of a first carrier, and the first carrier is of a first cell accessed by the first terminal device (see FIG. 1. para 40, respective network node devices/i.e., network node device 112, can communicate respective reference signals/i.e., for example, a first reference signal, to respective communication devices/i.e., communication device 106 via cell 116/i.e., first cell or first carrier; see para 45, The RS management component/i.e., in the network node, can communicate information regarding the reference signals, including, the resource element pattern for communicating the reference signals, and/or domain information (e.g., time, frequency, or code domain)/i.e., first time-frequency resources, to the communication device to facilitate informing the communication device about the configuration (e.g., resource element pattern, domain, etc. ) of the reference signals being used (e.g., for downlink transmission)); and send a second signal to a second terminal device on a second time-frequency resource, wherein the second time-frequency resource is of a second carrier, the second carrier of a second cell accessed by the second terminal device, and the first time-frequency resource and the second time-frequency resource are different time-frequency resources (see FIG. 1. para 40, respective network node devices/i.e., network node device 110, can communicate respective reference signals/i.e., for example, a second reference signal, to respective communication devices/i.e., communication device 104 via cell 114/i.e., second cell or second carrier) /i.e., second time-frequency resources, and the first time- frequency resource and the second time-frequency resource are different time-frequency resources (see para 115, NR architecture can be designed to support multiple deployment cases for independent configuration of resources used for RACH procedures; also see para 69, FIG. 6., example, resource element patterns illustrate the use of different resource element patterns for use in generating different reference signals for neighboring or proximately located cells), Nammi teaches the above detials and also teaches para 62: to facilitate managing reference signals employed with regard to cells that are neighboring or otherwise proximately located to each other (e.g., having cell coverage areas that overlap or are otherwise proximately located to each other), the RS management component can determine a first resource element pattern to use for first reference signals of a first cell (e.g., 114) with respect to a first communication device (e.g., 104) and a second resource element pattern to use for second reference signals of a second cell (e.g., 116) with respect to a second communication device (e.g., 106) in the time domain, frequency domain; at paras 70-72, FIG. 6. Teaches that the RS management component can determine, select, shift, adjust, or otherwise arrange/i.e., representing staggering resources elements. Nammi does not teach a arranging resource elements in “slots”, i.e. the limitation: within the overlapping frequency band a slot in which the first time- frequency resource is located is staggered from a slot in which the second time-frequency resource is located, so that the first signal and the second signal are sent in different slots. Lei teaches the limitation: see FIG. 4., paras 70-72, a DCI format schedules a plurality of PDSCHs (e.g., PDSCHs 421, 423, and 425) on a plurality of carriers (e.g., carriers 431, 433, and 435), respectively. It is assumed that the three carriers have different SCS values. The single slot level offset is applied to carrier 431 with the highest 60 kHz SCS. For example, a UE may determine that the slot for PDSCHs 421 on carrier 431 is slot i+3. Since slot j+1 on carrier 433 and slot k on carrier 435 overlap slot i+3 in the time domain, the UE may further determine that the slot for PDSCHs 423 on carrier 433 is slot j+1, and the slot for PDSCHs 425 on carrier 435 is slot k; also see para 131, the UE may determine, based on the single slot level offset, a first slot (e.g., slot i+3 in FIG. 4) of the plurality of slots on a carrier with the highest SCS value among the plurality of carriers. The remaining slots (e.g., slot j+1 and slot k in FIG. 4) of the plurality of slots on the remaining carriers of the plurality of carriers may overlap the first slot in the time domain. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the system of Nammi, to include the staggering of slots to schedule resource allocation for overlapped carriers as taught by Lei, the motivation being scheduling time domain resource allocation in multiple overlapping carriers and for dynamic spectrum sharing (Lei, para 29). Regarding Claim 25, Nammi teaches a non-transitory computer readable storage medium storing instructions that are executable by at least one processor, the instructions including instructions for: sending a first signal to a first terminal device on a first time-frequency resource, wherein the first time-frequency resource is of a first carrier, and the first carrier is of a first cell accessed by the first terminal device (see FIG. 1. para 40, respective network node devices/i.e., network node device 112, can communicate respective reference signals/i.e., for example, a first reference signal, to respective communication devices/i.e., communication device 106 via cell 116/i.e., first cell or first carrier; see para 45, The RS management component/i.e., in the network node, can communicate information regarding the reference signals, including, the resource element pattern for communicating the reference signals, and/or domain information (e.g., time, frequency, or code domain)/i.e., first time-frequency resources, to the communication device to facilitate informing the communication device about the configuration (e.g., resource element pattern, domain, etc. ) of the reference signals being used (e.g., for downlink transmission)); and sending a second signal to a second terminal device on a second time-frequency resource, wherein the second time-frequency resource is a of a second carrier, the second carrier is of a second cell accessed by the second terminal device, and the first time-frequency resource and the second time-frequency resource are different time-frequency resources (see FIG. 1. para 40, respective network node devices/i.e., network node device 110, can communicate respective reference signals/i.e., for example, a second reference signal, to respective communication devices/i.e., communication device 104 via cell 114/i.e., second cell or second carrier) /i.e., second time-frequency resources, and the first time- frequency resource and the second time-frequency resource are different time-frequency resources (see para 115, NR architecture can be designed to support multiple deployment cases for independent configuration of resources used for RACH procedures; also see para 69, FIG. 6., example, resource element patterns illustrate the use of different resource element patterns for use in generating different reference signals for neighboring or proximately located cells). Nammi teaches the above detials and also teaches para 62: to facilitate managing reference signals employed with regard to cells that are neighboring or otherwise proximately located to each other (e.g., having cell coverage areas that overlap or are otherwise proximately located to each other), the RS management component can determine a first resource element pattern to use for first reference signals of a first cell (e.g., 114) with respect to a first communication device (e.g., 104) and a second resource element pattern to use for second reference signals of a second cell (e.g., 116) with respect to a second communication device (e.g., 106) in the time domain, frequency domain; at paras 70-72, FIG. 6. Teaches that the RS management component can determine, select, shift, adjust, or otherwise arrange/i.e., representing staggering resources elements. Nammi does not teach a arranging resource elements in “slots”, i.e. the limitation: within the overlapping frequency band a slot in which the first time- frequency resource is located is staggered from a slot in which the second time-frequency resource is located, so that the first signal and the second signal are sent in different slots. Lei teaches the limitation: see FIG. 4., paras 70-72, a DCI format schedules a plurality of PDSCHs (e.g., PDSCHs 421, 423, and 425) on a plurality of carriers (e.g., carriers 431, 433, and 435), respectively. It is assumed that the three carriers have different SCS values. The single slot level offset is applied to carrier 431 with the highest 60 kHz SCS. For example, a UE may determine that the slot for PDSCHs 421 on carrier 431 is slot i+3. Since slot j+1 on carrier 433 and slot k on carrier 435 overlap slot i+3 in the time domain, the UE may further determine that the slot for PDSCHs 423 on carrier 433 is slot j+1, and the slot for PDSCHs 425 on carrier 435 is slot k; also see para 131, the UE may determine, based on the single slot level offset, a first slot (e.g., slot i+3 in FIG. 4) of the plurality of slots on a carrier with the highest SCS value among the plurality of carriers. The remaining slots (e.g., slot j+1 and slot k in FIG. 4) of the plurality of slots on the remaining carriers of the plurality of carriers may overlap the first slot in the time domain. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention to modify the system of Nammi, to include the staggering of slots to schedule resource allocation for overlapped carriers as taught by Lei, the motivation being scheduling time domain resource allocation in multiple overlapping carriers and for dynamic spectrum sharing (Lei, para 29). Regarding Claim 31, Nammi teaches the method according to claim 11, wherein the first network device is a base station (see FIG. 1., cell 116 associated with network node device 112; also see para 33, Network node devices (e.g., 108, 110, 112, . . . ) can be, for example, Node B devices, base station (BS) devices, access point (AP) devices, TRPs, and radio access network (RAN) devices). Regarding Claim 32, Nammi teaches the apparatus according to claim 18, wherein the apparatus is a base station (see FIG. 13. access point). Regarding Claim 33, Nammi teaches the non-transitory computer readable storage medium according to claim 25, wherein the first signal (see FIG. 1. para 40, respective network node devices/i.e., network node device 112, can communicate respective reference signals/i.e., for example, a first reference signal, to respective communication devices/i.e., communication device) and the second signal are sent by a base station (see FIG. 1. para 40, respective network node devices/i.e., network node device 110, can communicate respective reference signals/i.e., for example, a second reference signal, to respective communication devices/i.e., communication device). Regarding Claim 35, Nammi teaches the apparatus according to claim 18, wherein the apparatus is a chip comprised in a base station (see para 132, FIG. 13., illustrates a block diagram of an example AP 1300 (e.g., macro base station, femto AP, pico AP, Wi-Fi AP, Wi-Fi-direct AP)). Regarding Claim 37, Nammi teaches the method according to claim 11, wherein the first network device and the second network device are different network devices (see FIG. 1). Claim(s) 17, 24, 34 are rejected under 35 U.S.C. 103 as being unpatentable over Nammi in view of Lei, in view of Baligh (US 20180367358 A1, hereinafter “Baligh”). Regarding Claims 17, 24, 34 Nammi does not teach a TRS: the first signal comprises a tracking reference signal and the second signal comprises another TRS. In the same field of endeavor, Baligh teaches this limitation: see para 29, the same mechanism as CSI-RS is used for initializing the time-frequency tracking TRS sequence. The RS initialization sequence used for TRS may be the same or different from those of CSI-RS. TRS may optionally use the same set of parameters and/or functions for initialization of PT-RS compared to those of CSI-RS. It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined systems of Nammi and Lei, to provide reference signals from multiple cells, the motivation being RS sharing so as to provide orthogonality (see Baligh, para 115) and also to share the spectrum. Claim(s) 38 is rejected under 35 U.S.C. 103 as being unpatentable over Nammi in view of Lei, in view of Zarifi (US 20180278450 A1). Regarding Claim 38, Nammi in view of Lei teaches the method according to claim 37, but do not teach details regarding: sending, by the first network device, indication information to the second network device, wherein the indication information indicates that the second network device is not to send the second signal on the first time-frequency resource. Examiners Note: Using BRI consistent with the specification, this limitation has been interpreted as: interfering configuration information is used to avoid/mitigate cell edge interference between two interfering UEs. Based on this interpretation, Zarifi teaches this limitation: see para 197, neighboring NR Cells share information about the NR SRSs that are used. Such information may further include NR SRS sequences and/or transmission power that is used within the NR cell. Information may also be used for interference mitigation/cancellation techniques in the neighboring NR Cells. For instance, interfering SRS configuration information may be taken into account in a channel estimation algorithm/filter to mitigate/cancel the interference and scheduling two NR Cell-edge UEs in neighboring NR Cells with high mutual interference in the same time/frequency resources is avoided. It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined systems of Nammi and Lei, so as to use configuration information to avoid interference in a time-frequency resource, as taught by Zarifi, the motivation being high mutual interference in the same time/frequency resources is avoided (see Zarifi, para 197). Response to Arguments Applicant’s arguments with respect to claim(s) 11, 15-18, 22-25, 29-38 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tang (US 20190327734 A1) teaches a solution to resolve spectrum resource waste, a solution currently proposed is that two carriers are deployed overlapping with each other. To be specific, spectrums of the two carriers are allowed to overlap with each other, and processing is performed in an overlapping area of the two carriers. For example, in the overlapping area, different carriers are scheduled to different physical resource blocks (PRBs) in a conventional transmission resource scheduling manner, to flexibly transmit service data carried on each of the carriers, so that the two carriers can share a spectrum resource. Consequently, the carrier is flexibly deployed and spectrum resources are reduced. FIG. 5., para 126, when the PDCCH occupies two symbols and the CRS is transmitted through one or two antenna ports, as shown in (1) in FIG. 5, first and second symbols in an even slot are used as the PDCCH, and the CRS is sent on first and fifth symbols in the even slot and an odd slot. When the terminal device transmits data by using the NR carrier on third, fourth, sixth, and seventh symbols in the even slot, and second to fourth, sixth, and seventh symbols in the odd slot, the data transmitted by the terminal device and each of the PDCCH and the CRS do not interfere with each other. In this case, the network side device may determine the transmission time unit patterns included in the combination 1 or the combination (1) as proper transmission time unit patterns. 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 DEEPA BELUR whose telephone number is (571)270-3722. The examiner can normally be reached M-F 8 am - 4:30 pm. 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, Kevin Bates can be reached at 571-272-3980. 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. /DEEPA BELUR/Primary Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

May 24, 2024
Application Filed
Aug 26, 2024
Response after Non-Final Action
Apr 16, 2026
Non-Final Rejection mailed — §103, §112
Jun 25, 2026
Response Filed
Aug 26, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+10.6%)
2y 5m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
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