Prosecution Insights
Last updated: August 17, 2026
Application No. 18/728,304

Communication Method and Apparatus

Non-Final OA §103
Filed
Jul 11, 2024
Priority
Jan 14, 2022 — CN 202210044467.0 +1 more
Examiner
GELIN, JEAN ALLAND
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Honor Device Co., Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1122 granted / 1267 resolved
+26.6% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
29 currently pending
Career history
1294
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
44.6%
+4.6% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1267 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 . 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. Claims 49-68 are rejected under 35 U.S.C. 103 as being unpatentable over Lunden (US 2019/0075478) in view of Pujari et al. (US 2022/0408290). Regarding claim 49, Lunden et al. (US 2019/0075478) teaches a method, comprising: receiving a message from a base station, wherein the message comprises information for cell measurement including information of a first cell and information of a second cell, wherein an available frequency band of the base station comprises a first frequency band and a second frequency band, the second frequency band comprises an extended frequency band, the extended frequency band is a frequency band in the available frequency band of the base station other than the first frequency band, and wherein a terminal supports the first frequency band and does not support the extended frequency band, at least part of a frequency band of the first cell overlaps with a part of the extended frequency band, and a frequency band of the second cell is within a range of the first frequency band (i.e., a method comprising receiving at a communication device in a cellular mobile network configuration information related to cells in an area of the network comprising first configuration information for a first cell and one or more second cells, wherein the first configuration information comprises an indication of the downlink radio carrier frequency of the first cell and the downlink radio carrier frequencies of each of the one or more second cells, receiving environment information indicative of overlaps between coverage areas of the first cell and the one or more second cells, and causing transmission of measurement results obtained in the first cell for use in radio resource management of the communication device in the one or more second cells corresponding to: a UE receiving configuration information from a base station to decide which cells to measure, likely to avoid measuring cells that cause interference or cannot be used due to capability limitations, such as skipping measurements of a cell outside the supported band while focusing on a valid second cell [0015], [0019]-[0023], [0038]-[0041], [0035], [0039]-[0042]); measuring the second cell (i.e., measurement control message related to measurements of the one of the one or more second cells [0027]-[0029]); reporting a measurement result of the second cell (i.e., transmission of measurement results obtained in the one of the one or more second cells for use in radio resource management of the communication device in the one of the one or more second cells [0027]-[0029]) Lunden is not clearly disclose skipping measuring the first cell. However, the preceding limitation is very well known in the art of communications. Pujari teaches The device may be connected to a primary cell on one frequency band and to a secondary cell on another band. the device first checks the primary-cell band. If that primary-cell signal is too weak, the device skips measuring the related secondary Before measuring the secondary cell, the device first checks whether the primary-cell signal is strong enough. If the primary-cell measurement is below a threshold, the device skips measuring the secondary-cell band. If the primary-cell measurement is strong enough, the device measures the secondary-cell band too. The device then sends a report to the network that includes at least-cell band because that combination is unlikely to be usable. If the primary-cell signal is strong enough, the device then measures the secondary-cell band and may report both measurements to the network. The network can configure the device with a list of bands to consider, but the device prunes that the primary-cell measurement (read on [abstr.], [0005]-[0007], [0077]-[0083]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique Pujary within the system of Lunden in order to avoid measurements on frequency bands that may not actually be supported at the UE. Regarding claim 50, Lunden in view of Pujari teaches all the limitations above. Lunden further teaches wherein the available frequency band of the base station is band N28, the first frequency band is band N28A, and the second frequency band is band N28B (i.e., a communication system using radio technology [0010]-[0011] given that N28 is an example of conventional frequency band of the 5G NR). Regarding claim 51, Lunden teaches all the limitations above except wherein either a) a downlink frequency band in band N28 is 758 megahertz (MHz)-803MHz, a downlink frequency band in band N28A is 758MHz-788MHz, and a downlink frequency band in the extended frequency band is 788MHz-803MHz, or b) a downlink frequency band in band N28 is 758MHz-798MHz, a downlink frequency band in band N28A is 758MHz-788MHz, and a downlink frequency band in the extended frequency band is 788MHz-798MHz. However, the preceding limitations are known in the art of communications. Pujari teaches The base stations 102/UEs 104 may use spectrum up to Y MHz (e.g., 5, 10, 15, 20, 100, 400, etc. MHz) bandwidth per carrier allocated in a carrier aggregation of up to a total of Y×MHz (×component carriers) used for transmission in each direction. The carriers may or may not be adjacent to each other. Allocation of carriers may be asymmetric with respect to DL and UL (e.g., more or fewer carriers may be allocated for DL than for UL) ([0025]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Pujari within the system of Lunden in order to create a "super-wide" data pipe, which allows User Equipment (UEs/devices) to experience significantly faster speeds and better reliability. Regarding claim 52, Lunden in view of Pujari teaches all the limitations above except wherein a bandwidth capability of the terminal is 30 megahertz (MHz). However, the preceding limitations are known in the art of communications. Pujari teaches The base stations 102/UEs 104 may use spectrum up to Y MHz (e.g., 5, 10, 15, 20, 100, 400, etc. MHz) bandwidth per carrier allocated in a carrier aggregation of up to a total of Y×MHz (×component carriers) used for transmission in each direction. The carriers may or may not be adjacent to each other. Allocation of carriers may be asymmetric with respect to DL and UL (e.g., more or fewer carriers may be allocated for DL than for UL) ([0025]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Pujari within the system of Lunden in order to create a "super-wide" data pipe, which allows User Equipment (UEs/devices) to experience significantly faster speeds and better reliability. Regarding claim 53, Lunden in view of Pujari teaches all the limitations above. Pujari teaches skipping reporting a measurement result of the first cell when skipping measuring the first cell (i.e., the device may be connected to a primary cell on one frequency band and to a secondary cell on another band. the device first checks the primary-cell band. If that primary-cell signal is too weak, the device skips measuring the related secondary Before measuring the secondary cell, the device first checks whether the primary-cell signal is strong enough. If the primary-cell measurement is below a threshold, the device skips measuring the secondary-cell band. If the primary-cell measurement is strong enough, the device measures the secondary-cell band too. The device then sends a report to the network that includes at least-cell band because that combination is unlikely to be usable. If the primary-cell signal is strong enough, the device then measures the secondary-cell band and may report both measurements to the network. The network can configure the device with a list of bands to consider, but the device prunes that the primary-cell measurement (read on [abstr.], [0005]-[0007], [0077]-[0083]). Regarding claim 54, Lunden in view of Pujari teaches all the limitations above. Lunden further teaches receiving a system message from the base station, wherein the system message comprises information of a cell used for access (i.e., receiving at a communication device in a cellular mobile network configuration information related to cells in an area of the network comprising first configuration information for a first cell and one or more second cells, wherein the first configuration information comprises an indication of the downlink radio carrier frequency of the first cell and the downlink radio carrier frequencies of each of the one or more second cells [0057]); and initiating an access process on the cell used for access when a frequency band assigned to the cell that is used for access is within a range of the first frequency band (i.e., In case of a rather fast moving device it may be necessary to select reference cells with a lesser overlap to ensure that suitable cells are reported early, so as to initiate their timely activation along the route of the communication device if needed [0084]). Regarding claim 55, Lunden in view of Pujari teaches all the limitations above. Pujari teaches establishing a radio resource control (RRC) connection with the base station on the cell used for access (i.e., When CA is configured, the communication device has only one radio resource control (RRC) connection with the network [0006]). Regarding claim 56, Lunden in view of Pujari teaches all the limitations above. Pujari teaches receiving an instruction that indicates the terminal to handover to a third cell, wherein at least part of a frequency band of the third cell overlaps with a part of the extended frequency band ([0015]-[0016], [0036]); and skipping performing the instruction to handover to the third cell ([0016], [0036]). Regarding claim 57, Lunden et al. (US 2019/0075478) teaches electronic device, comprising: one or more processors (typical in communication device); and a memory coupled to the one or more processors and configured to store instructions that, when executed by the one or more processors (typical in communication device), cause the electronic device to be configured to: receive a message from a base station, wherein the message comprises information for cell measurement including information of a first cell and information of a second cell, wherein an available frequency band of the base station comprises a first frequency band and a second frequency band, the second frequency band comprises an extended frequency band, the extended frequency band is a frequency band in the available frequency band of the base station other than the first frequency band, and wherein a terminal supports the first frequency band and does not support the extended frequency band, at least part of a frequency band of the first cell overlaps with a part of the extended frequency band, and a frequency band of the second cell is within a range of the first frequency band (i.e., a method comprising receiving at a communication device in a cellular mobile network configuration information related to cells in an area of the network comprising first configuration information for a first cell and one or more second cells, wherein the first configuration information comprises an indication of the downlink radio carrier frequency of the first cell and the downlink radio carrier frequencies of each of the one or more second cells, receiving environment information indicative of overlaps between coverage areas of the first cell and the one or more second cells, and causing transmission of measurement results obtained in the first cell for use in radio resource management of the communication device in the one or more second cells corresponding to: a UE receiving configuration information from a base station to decide which cells to measure, likely to avoid measuring cells that cause interference or cannot be used due to capability limitations, such as skipping measurements of a cell outside the supported band while focusing on a valid second cell [0015], [0019]-[0023], [0038]-[0041], [0035], [0039]-[0042]); measuring the second cell (i.e., measurement control message related to measurements of the one of the one or more second cells [0027]-[0029]); reporting a measurement result of the second cell (i.e., transmission of measurement results obtained in the one of the one or more second cells for use in radio resource management of the communication device in the one of the one or more second cells [0027]-[0029]) Lunden is not clearly disclose skipping measuring the first cell. However, the preceding limitation is very well known in the art of communications. Pujari teaches The device may be connected to a primary cell on one frequency band and to a secondary cell on another band. the device first checks the primary-cell band. If that primary-cell signal is too weak, the device skips measuring the related secondary Before measuring the secondary cell, the device first checks whether the primary-cell signal is strong enough. If the primary-cell measurement is below a threshold, the device skips measuring the secondary-cell band. If the primary-cell measurement is strong enough, the device measures the secondary-cell band too. The device then sends a report to the network that includes at least-cell band because that combination is unlikely to be usable. If the primary-cell signal is strong enough, the device then measures the secondary-cell band and may report both measurements to the network. The network can configure the device with a list of bands to consider, but the device prunes that the primary-cell measurement (read on [abstr.], [0005]-[0007], [0077]-[0083]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique Pujary within the system of Lunden in order to avoid measurements on frequency bands that may not actually be supported at the UE. Regarding claim 58, Lunden in view of Pujari teaches all the limitations above. Lunden further teaches wherein the available frequency band of the base station is band N28, the first frequency band is band N28A, and the second frequency band is band N28B (i.e., a communication system using radio technology [0010]-[0011] given that N28 is an example of conventional frequency band of the 5G NR). Regarding claim 59, Lunden teaches all the limitations above except wherein either a) a downlink frequency band in band N28 is 758 megahertz (MHz)-803MHz, a downlink frequency band in band N28A is 758MHz-788MHz, and a downlink frequency band in the extended frequency band is 788MHz-803MHz, or b) a downlink frequency band in band N28 is 758MHz-798MHz, a downlink frequency band in band N28A is 758MHz-788MHz, and a downlink frequency band in the extended frequency band is 788MHz-798MHz. However, the preceding limitations are known in the art of communications. Pujari teaches The base stations 102/UEs 104 may use spectrum up to Y MHz (e.g., 5, 10, 15, 20, 100, 400, etc. MHz) bandwidth per carrier allocated in a carrier aggregation of up to a total of Y×MHz (×component carriers) used for transmission in each direction. The carriers may or may not be adjacent to each other. Allocation of carriers may be asymmetric with respect to DL and UL (e.g., more or fewer carriers may be allocated for DL than for UL) ([0025]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Pujari within the system of Lunden in order to create a "super-wide" data pipe, which allows User Equipment (UEs/devices) to experience significantly faster speeds and better reliability. Regarding claim 60, Lunden in view of Pujari teaches all the limitations above except wherein a bandwidth capability of the terminal is 30 megahertz (MHz). However, the preceding limitations are known in the art of communications. Pujari teaches The base stations 102/UEs 104 may use spectrum up to Y MHz (e.g., 5, 10, 15, 20, 100, 400, etc. MHz) bandwidth per carrier allocated in a carrier aggregation of up to a total of Y×MHz (×component carriers) used for transmission in each direction. The carriers may or may not be adjacent to each other. Allocation of carriers may be asymmetric with respect to DL and UL (e.g., more or fewer carriers may be allocated for DL than for UL) ([0025]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Pujari within the system of Lunden in order to create a "super-wide" data pipe, which allows User Equipment (UEs/devices) to experience significantly faster speeds and better reliability. Regarding claim 61, Lunden in view of Pujari teaches all the limitations above. Pujari teaches skipping reporting a measurement result of the first cell when skipping measuring the first cell (i.e., the device may be connected to a primary cell on one frequency band and to a secondary cell on another band. the device first checks the primary-cell band. If that primary-cell signal is too weak, the device skips measuring the related secondary Before measuring the secondary cell, the device first checks whether the primary-cell signal is strong enough. If the primary-cell measurement is below a threshold, the device skips measuring the secondary-cell band. If the primary-cell measurement is strong enough, the device measures the secondary-cell band too. The device then sends a report to the network that includes at least-cell band because that combination is unlikely to be usable. If the primary-cell signal is strong enough, the device then measures the secondary-cell band and may report both measurements to the network. The network can configure the device with a list of bands to consider, but the device prunes that the primary-cell measurement (read on [abstr.], [0005]-[0007], [0077]-[0083]). Regarding claim 62, Lunden in view of Pujari teaches all the limitations above. Lunden further teaches receiving a system message from the base station, wherein the system message comprises information of a cell used for access (i.e., receiving at a communication device in a cellular mobile network configuration information related to cells in an area of the network comprising first configuration information for a first cell and one or more second cells, wherein the first configuration information comprises an indication of the downlink radio carrier frequency of the first cell and the downlink radio carrier frequencies of each of the one or more second cells [0057]); and initiating an access process on the cell used for access when a frequency band assigned to the cell that is used for access is within a range of the first frequency band (i.e., In case of a rather fast moving device it may be necessary to select reference cells with a lesser overlap to ensure that suitable cells are reported early, so as to initiate their timely activation along the route of the communication device if needed [0084]). Regarding claim 63, Lunden in view of Pujari teaches all the limitations above. Pujari teaches establishing a radio resource control (RRC) connection with the base station on the cell used for access (i.e., When CA is configured, the communication device has only one radio resource control (RRC) connection with the network [0006]). Regarding claim 64, Lunden in view of Pujari teaches all the limitations above. Pujari teaches receiving an instruction that indicates the terminal to handover to a third cell, wherein at least part of a frequency band of the third cell overlaps with a part of the extended frequency band ([0015]-[0016], [0036]); and skipping performing the instruction to handover to the third cell ([0016], [0036]). Regarding claim 65, Lunden et al. (US 2019/0075478) teaches a system, comprising: at least one processors (typical in communication device) wherein at least one processor is configured to execute a program to cause an electronic device (typical in communication device), to be configured to: receive a message from a base station, wherein the message comprises information for cell measurement including information of a first cell and information of a second cell, wherein an available frequency band of the base station comprises a first frequency band and a second frequency band, the second frequency band comprises an extended frequency band, the extended frequency band is a frequency band in the available frequency band of the base station other than the first frequency band, and wherein a terminal supports the first frequency band and does not support the extended frequency band, at least part of a frequency band of the first cell overlaps with a part of the extended frequency band, and a frequency band of the second cell is within a range of the first frequency band (i.e., a method comprising receiving at a communication device in a cellular mobile network configuration information related to cells in an area of the network comprising first configuration information for a first cell and one or more second cells, wherein the first configuration information comprises an indication of the downlink radio carrier frequency of the first cell and the downlink radio carrier frequencies of each of the one or more second cells, receiving environment information indicative of overlaps between coverage areas of the first cell and the one or more second cells, and causing transmission of measurement results obtained in the first cell for use in radio resource management of the communication device in the one or more second cells corresponding to: a UE receiving configuration information from a base station to decide which cells to measure, likely to avoid measuring cells that cause interference or cannot be used due to capability limitations, such as skipping measurements of a cell outside the supported band while focusing on a valid second cell [0015], [0019]-[0023], [0038]-[0041], [0035], [0039]-[0042]); measuring the second cell (i.e., measurement control message related to measurements of the one of the one or more second cells [0027]-[0029]); reporting a measurement result of the second cell (i.e., transmission of measurement results obtained in the one of the one or more second cells for use in radio resource management of the communication device in the one of the one or more second cells [0027]-[0029]) Lunden is not clearly disclose skipping measuring the first cell. However, the preceding limitation is very well known in the art of communications. Pujari teaches The device may be connected to a primary cell on one frequency band and to a secondary cell on another band. the device first checks the primary-cell band. If that primary-cell signal is too weak, the device skips measuring the related secondary Before measuring the secondary cell, the device first checks whether the primary-cell signal is strong enough. If the primary-cell measurement is below a threshold, the device skips measuring the secondary-cell band. If the primary-cell measurement is strong enough, the device measures the secondary-cell band too. The device then sends a report to the network that includes at least-cell band because that combination is unlikely to be usable. If the primary-cell signal is strong enough, the device then measures the secondary-cell band and may report both measurements to the network. The network can configure the device with a list of bands to consider, but the device prunes that the primary-cell measurement (read on [abstr.], [0005]-[0007], [0077]-[0083]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique Pujary within the system of Lunden in order to avoid measurements on frequency bands that may not actually be supported at the UE. Regarding claim 66, Lunden in view of Pujari teaches all the limitations above. Lunden further teaches wherein the available frequency band of the base station is band N28, the first frequency band is band N28A, and the second frequency band is band N28B (i.e., a communication system using radio technology [0010]-[0011] given that N28 is an example of conventional frequency band of the 5G NR). Regarding claim 67, Lunden teaches all the limitations above except wherein either a) a downlink frequency band in band N28 is 758 megahertz (MHz)-803MHz, a downlink frequency band in band N28A is 758MHz-788MHz, and a downlink frequency band in the extended frequency band is 788MHz-803MHz, or b) a downlink frequency band in band N28 is 758MHz-798MHz, a downlink frequency band in band N28A is 758MHz-788MHz, and a downlink frequency band in the extended frequency band is 788MHz-798MHz. However, the preceding limitations are known in the art of communications. Pujari teaches The base stations 102/UEs 104 may use spectrum up to Y MHz (e.g., 5, 10, 15, 20, 100, 400, etc. MHz) bandwidth per carrier allocated in a carrier aggregation of up to a total of Y×MHz (×component carriers) used for transmission in each direction. The carriers may or may not be adjacent to each other. Allocation of carriers may be asymmetric with respect to DL and UL (e.g., more or fewer carriers may be allocated for DL than for UL) ([0025]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Pujari within the system of Lunden in order to create a "super-wide" data pipe, which allows User Equipment (UEs/devices) to experience significantly faster speeds and better reliability. Regarding claim 68, Lunden in view of Pujari teaches all the limitations above. Pujari teaches skipping reporting a measurement result of the first cell when skipping measuring the first cell (i.e., the device may be connected to a primary cell on one frequency band and to a secondary cell on another band. the device first checks the primary-cell band. If that primary-cell signal is too weak, the device skips measuring the related secondary Before measuring the secondary cell, the device first checks whether the primary-cell signal is strong enough. If the primary-cell measurement is below a threshold, the device skips measuring the secondary-cell band. If the primary-cell measurement is strong enough, the device measures the secondary-cell band too. The device then sends a report to the network that includes at least-cell band because that combination is unlikely to be usable. If the primary-cell signal is strong enough, the device then measures the secondary-cell band and may report both measurements to the network. The network can configure the device with a list of bands to consider, but the device prunes that the primary-cell measurement (read on [abstr.], [0005]-[0007], [0077]-[0083]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 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, JINSONG HU can be reached at 571-272-3965. 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. /JEAN A GELIN/ Primary Examiner, Art Unit 2643
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Prosecution Timeline

Jul 11, 2024
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
93%
With Interview (+4.5%)
2y 3m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1267 resolved cases by this examiner. Grant probability derived from career allowance rate.

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