Prosecution Insights
Last updated: October 02, 2026
Application No. 18/702,298

COMMUNICATION MODE DETERMINATION METHOD, NETWORK DEVICE, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Apr 17, 2024
Priority
Oct 22, 2021 — nonprovisional of PCTCN2021125798
Examiner
POLLACK, MELVIN H
Art Unit
2445
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
639 granted / 743 resolved
+28.0% vs TC avg
Minimal +5% lift
Without
With
+5.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
754
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
54.3%
+14.3% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 743 resolved cases

Office Action

§102 §103
CTNF 18/702,298 CTNF 79299 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim(s) 1-3, 5-12 and 27-32 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bangolae et al. (12,250,707) . For claims 1, 8, 27-30, Bangole teaches a method and system (abstract) for determining a communication mode (col. 2, line 60 – col. 3, line 15), performed by a network device (col. 3, lines 15-col. 4, line 15)(background, summary and claims), the method comprising: receiving first indication information from an access network device (col. 6, line 35 – col. 8, line 5), wherein the first indication information indicates a communication mode supported by the access network device (col. 11, line 30 – col. 12, line 60); and determining a communication mode to be used (col. 4, lines 15-35) according to the communication mode supported by the access network device and a communication mode supported by a-the network device (col. 4, line 35 – col. 6, line 20). For claims 2, 31, Bangole teaches that determining the communication mode to be used comprises: in response to the access network device supporting one type of communication mode (col. 8, lines 5-35), determining the communication mode to be used according to the type of communication mode supported by the access network device and the communication mode supported by the network device (col. 8, lines 35-67). For claims 3, 9, 32, Bangole teaches that determining the communication mode to be used comprises: in response to the access network device and the network device supporting a plurality of types of communication modes (col. 15, lines 5-30), sending second indication information, wherein the second indication information indicates the communication mode supported by the network device (col. 15, line 30 – col. 16, line 10); receiving third indication information, wherein the third indication information indicates a communication mode recommended by the access network device (col. 14, lines 15-60); and determining the communication mode to be used according to the communication mode recommended (col. 4, lines 15-35). For claims 5, 10, Bangole teaches sending fourth indication information, wherein the fourth indication information indicates the access network device to perform data transmission based on the communication mode to be used (col. 18, lines 30-60). For claims 6, 11, Bangole teaches sending fifth indication information, wherein the fifth indication information indicates a use occasion of the communication mode to be used (col. 4, lines 5-15). For claims 7, 12, Bangole teaches that receiving the first indication information from the access network device comprises: receiving the first indication information from the access network device based on a physical uplink shared channel (PUSCH) (col. 10, lines 10-30) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-22-aia AIA Claim (s) 4, 13, 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bangolae as applied to claim s 1, 8, 27, 32 above, and further in view of Huang et al. (2024/0,357,703) . For claims 4, 13, 33, Bangolae teaches the usage of antenna elements (col. 28, lines 1-40) but does not expressly disclose sending the second indication information via a single antenna port. Huang teaches a method and system (abstract) of the relevant art (background, summary and claims) that includes this limitation (Paras 85-86). At the time of filing, one of ordinary skill in the art would have added Huang in order to provide improvements to the handling of mode determination (Paras 50-51) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELVIN H POLLACK whose telephone number is (571)272-3887. The examiner can normally be reached M-F 8:30-5:00. 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, Oscar Louie can be reached at (571)270-1684. 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. /MELVIN H POLLACK/Primary Examiner, Art Unit 2445 Application/Control Number: 18/702,298 Page 2 Art Unit: 2445 Application/Control Number: 18/702,298 Page 3 Art Unit: 2445 Application/Control Number: 18/702,298 Page 4 Art Unit: 2445 Application/Control Number: 18/702,298 Page 5 Art Unit: 2445
Read full office action

Prosecution Timeline

Apr 17, 2024
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
91%
With Interview (+5.0%)
3y 1m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 743 resolved cases by this examiner. Grant probability derived from career allowance rate.

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