Prosecution Insights
Last updated: August 17, 2026
Application No. 18/731,020

COMMUNICATION METHOD AND APPARATUS, STORAGE MEDIUM, AND PROGRAM PRODUCT

Non-Final OA §103§Other
Filed
May 31, 2024
Priority
Dec 03, 2021 — CN 202111470700.3 +1 more
Examiner
MCINTOSH, ANDREW T
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
406 granted / 525 resolved
+17.3% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
24 currently pending
Career history
546
Total Applications
across all art units

Statute-Specific Performance

§101
14.7%
-25.3% vs TC avg
§103
58.9%
+18.9% vs TC avg
§102
12.6%
-27.4% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 525 resolved cases

Office Action

§103 §Other
DETAILED ACTION This action is responsive to communications filed on July 18, 2025. This action is made Non-Final. Claims 1-17 are pending in the case. Claims 1, 7, and 12 are independent claims. Claims 1-3, 7, 8, and 12-14 are rejected. 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 . Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statement (IDS(s)) submitted on 02/26/2025 is/are in compliance with the provisions of 37 C.F.R. 1.97. Accordingly, the IDS(s) is/are being considered by the examiner. 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) 1, 2, 7, 8, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hemantharaja, US Publication 2023/0292117 (“Hemantharaja”), and further in view of Chen, Qian, et al. "PPT: A privacy-preserving global model training protocol for federated learning in P2P networks." arXiv:2105.14408v2 [cs.CR] 9 Aug 2021 (“Chen”). Claim 1: Hemantharaja teaches or suggests a communication method, wherein the method comprises: receiving, by a first terminal, training information, wherein the training information comprises a global model in a previous round and identifiers of at least two second terminals that participate in a current round of training, the first terminal is any one of the at least two second terminals (see Fig. 3-7, 9; para. 0045 - the updated global machine learning models may be shared with each of the first vehicle 410 and the second vehicle 412, so that the updated global machine learning model replaces the local machine learning model(s). may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0052 - message M may be signed with the digital signature a, the digital signature a generated by the vehicle based on the gsk. As such, each vehicle may generate a distinct and private digital signature. CM may accept vehicles to participate in the CML network if the digital signature a of the message M is verified by the CM using the gpk; para. 0063 - the collaborator may incorporate the contents of M into an updated global machine learning in model, which may in turn be distributed to each vehicle GV. For example, the updated machine learning model may incorporate details from each vehicle in GV.); and sending, by the first terminal, a local model of the first terminal, wherein the local model is obtained based on the global model in the previous round and a shared key, the shared key is generated based on a private key of the first terminal and a public key (see Fig. 3-7, 9; para. 0045 -may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0059 - the GM may take details of the vehicles in the group as an argument and may proceed with the following mathematical procedure in order to generate a gpk, a gmsk, and a secret key for each user. group public key is gpk= (g1, g2, h, u, v, w), the group private key is gmsk=(s1 s2) and the secret key of each user is their tuple gsk[i]=(Ai, xi). each vehicle receives the gpk for the group, and each vehicle receives a distinct gsk that identifies the vehicle; para. 0060 - each vehicle in the group of vehicles sharing the local model with the CM. For example, for the group signature scheme, each vehicle (V;) may sign a message (M) containing details of the vehicle's local machine learning model. each vehicle signs their message M with a distinct digital signature a (e.g., generated with the gsk) and transmits the signed message.). Chen further teaches or suggests of a third terminal, and the third terminal is any one of the at least two second terminals other than the first terminal (see Fig. 3; II, C - A third-party client assigns a path-key to the pairs of clients that are connected; IV, A - third-party client distributes the keys that haven’t been used to the two clients. Then, they choose some keys independently to obtain shared-keys and generate communication keys for themselves. client will never choose all the received keys from the third-party client as its shared-keys. Otherwise, it will lead to privacy leakage, as the third-party client will calculate their communication key. Therefore, the communication keys are established for all potential clients.). Accordingly, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the system and method, taught in Hemantharaja, to include of a third terminal, and the third terminal is any one of the at least two second terminals other than the first terminal for the purpose of efficiently assigning keys for other clients to produce further keys, improving model security, as taught by Chen (IV, Fig. 3). Claim(s) 12: Claim(s) 12 corresponds to Claim 1, and thus, Hematharaja and Chen teach or suggest the limitations of claim(s) 12 as well. Claim 2: Hemantharaja further teaches or suggests wherein, before the sending, by the first terminal, a local model of the first terminal, the method further comprises: by the first terminal, an initial local model of the first terminal … of the shared key, to obtain the local model of the first terminal (see Fig. 3-7, 9; para. 0045 -may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0059 - the GM may take details of the vehicles in the group as an argument and may proceed with the following mathematical procedure in order to generate a gpk, a gmsk, and a secret key for each user. group public key is gpk= (g1, g2, h, u, v, w), the group private key is gmsk=(s1 s2) and the secret key of each user is their tuple gsk[i]=(Ai, xi). each vehicle receives the gpk for the group, and each vehicle receives a distinct gsk that identifies the vehicle; para. 0060 - each vehicle in the group of vehicles sharing the local model with the CM. For example, for the group signature scheme, each vehicle (V;) may sign a message (M) containing details of the vehicle's local machine learning model. each vehicle signs their message M with a distinct digital signature a (e.g., generated with the gsk) and transmits the signed message.). Chen further teaches or suggests scrambling, … by using a random vector (see Fig. 3; I - PPT generates a random noise for local model disturbance to guarantee the privacy; IV, B - protect u0’s privacy, u0 generates a noise s to disturb X0, shown as X0 +s. Note that s has the same dimension as X0. Subsequently, the leader client u0 can execute the transmission and aggregation process.). Accordingly, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the system and method, taught in Hemantharaja, to include scrambling, … by using a random vector for the purpose of efficiently adding noise to data to protect the data, improving model security, as taught by Chen (IV, Fig. 3). Claim(s) 13: Claim(s) 13 corresponds to Claim 2, and thus, Hematharaja and Chen teach or suggest the limitations of claim(s) 13 as well. Claim 7: Hemantharaja discloses a communication method, wherein the method comprises: sending, by a server, training information wherein the training information comprises a global model in a previous round and identifier of at least two second terminals that participate in a current round of training (see Fig. 3-7, 9; para. 0045 - the updated global machine learning models may be shared with each of the first vehicle 410 and the second vehicle 412, so that the updated global machine learning model replaces the local machine learning model(s). may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0052 - message M may be signed with the digital signature a, the digital signature a generated by the vehicle based on the gsk. As such, each vehicle may generate a distinct and private digital signature. CM may accept vehicles to participate in the CML network if the digital signature a of the message M is verified by the CM using the gpk; para. 0063 - the collaborator may incorporate the contents of M into an updated global machine learning in model, which may in turn be distributed to each vehicle GV. For example, the updated machine learning model may incorporate details from each vehicle in GV.); recieving, by the server, local models of the at least two second terminals, wherein the local models are obtained based on the global model in the previous round and a shared key (see Fig. 3-7, 9; para. 0045 - the updated global machine learning models may be shared with each of the first vehicle 410 and the second vehicle 412, so that the updated global machine learning model replaces the local machine learning model(s). may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0052 - message M may be signed with the digital signature a, the digital signature a generated by the vehicle based on the gsk. As such, each vehicle may generate a distinct and private digital signature. CM may accept vehicles to participate in the CML network if the digital signature a of the message M is verified by the CM using the gpk; para. 0063 - the collaborator may incorporate the contents of M into an updated global machine learning in model, which may in turn be distributed to each vehicle GV. For example, the updated machine learning model may incorporate details from each vehicle in GV.); and aggregating, by the server, the local models of the at least two second terminals based on the shared key …, to obtain an updated global model (see para. 0045 -may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0059 - the GM may take details of the vehicles in the group as an argument and may proceed with the following mathematical procedure in order to generate a gpk, a gmsk, and a secret key for each user. group public key is gpk= (g1, g2, h, u, v, w), the group private key is gmsk=(s1 s2) and the secret key of each user is their tuple gsk[i]=(Ai, xi). each vehicle receives the gpk for the group, and each vehicle receives a distinct gsk that identifies the vehicle; para. 0060 - each vehicle in the group of vehicles sharing the local model with the CM. For example, for the group signature scheme, each vehicle (V;) may sign a message (M) containing details of the vehicle's local machine learning model. each vehicle signs their message M with a distinct digital signature a (e.g., generated with the gsk) and transmits the signed message.). Hemantharaja does not explicitly disclose between the at least two second terminals; between the at least two second terminals. Chen teaches or suggests between the at least two second terminals; between the at least two second terminals (see II, C - shared-key discovery: Each client broadcasts the lists of identifiers in the key ring to discover the same keys, called shared-keys, with its neighbor clients; IV, A - clients execute the above interactions mutually to obtain the same keys with each other, which are called shared-keys. to compute their communication key; Accordingly, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the system and method, taught in Hemantharaja, to include between the at least two second terminals; between the at least two second terminals for the purpose of efficiently determining keys clients to produce further keys for encryption purposes, improving model security, as taught by Chen (IV, Fig. 3). Claim 8: Hemantharajan further teaches or suggests wherein the local models of the at least two second terminals are obtained … of the shared key, and the aggregating, by the server, the local models of the at least two second terminals based on the shared key … to obtain an updated global model in the current round comprises: aggregating, by the server, the local models of that least two second terminals, … of the shared key … to obtain the global model (see Fig. 3-7, 9; para. 0045 - the updated global machine learning models may be shared with each of the first vehicle 410 and the second vehicle 412, so that the updated global machine learning model replaces the local machine learning model(s). may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0052 - message M may be signed with the digital signature a, the digital signature a generated by the vehicle based on the gsk. As such, each vehicle may generate a distinct and private digital signature. CM may accept vehicles to participate in the CML network if the digital signature a of the message M is verified by the CM using the gpk; para. 0063 - the collaborator may incorporate the contents of M into an updated global machine learning in model, which may in turn be distributed to each vehicle GV. For example, the updated machine learning model may incorporate details from each vehicle in GV.); and aggregating, by the server, the local models of the at least two second terminals based on the shared key …, to obtain an updated global model (see para. 0045 -may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0059 - the GM may take details of the vehicles in the group as an argument and may proceed with the following mathematical procedure in order to generate a gpk, a gmsk, and a secret key for each user. group public key is gpk= (g1, g2, h, u, v, w), the group private key is gmsk=(s1 s2) and the secret key of each user is their tuple gsk[i]=(Ai, xi). each vehicle receives the gpk for the group, and each vehicle receives a distinct gsk that identifies the vehicle; para. 0060 - each vehicle in the group of vehicles sharing the local model with the CM. For example, for the group signature scheme, each vehicle (V;) may sign a message (M) containing details of the vehicle's local machine learning model. each vehicle signs their message M with a distinct digital signature a (e.g., generated with the gsk) and transmits the signed message.). Chen further teaches or suggests by scrambling initial local models of the at least two second terminals by using a random vector … between the at least two second terminals … and eliminating the random vector … between the at least two second terminals (see Fig. 3; I - PPT generates a random noise for local model disturbance to guarantee the privacy; II, C - shared-key discovery: Each client broadcasts the lists of identifiers in the key ring to discover the same keys, called shared-keys, with its neighbor clients; IV, A - clients execute the above interactions mutually to obtain the same keys with each other, which are called shared-keys. to compute their communication key; IV, B - protect u0’s privacy, u0 generates a noise s to disturb X0, shown as X0 +s. Note that s has the same dimension as X0. Subsequently, the leader client u0 can execute the transmission and aggregation process.). Accordingly, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the system and method, taught in Hemantharaja, to include between the at least two second terminals; between the at least two second terminals for the purpose of efficiently determining keys clients to produce further keys for encryption purposes and adding noise to data to protect the data, improving model security, as taught by Chen (IV, Fig. 3). Claim(s) 3 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hemantharaja, in view of Chen, and further in view of Wu et al, US Publication 2021/0326762 (“Wu”). Claim 3: Hemantharaja teaches or suggests of the shared key, to obtain the local model of the first terminal, and before sending, by the first terminal, a local model of the first terminal, the method further comprises: performing, by the first terminal (see Fig. 3-7, 9; para. 0045 - the updated global machine learning models may be shared with each of the first vehicle 410 and the second vehicle 412, so that the updated global machine learning model replaces the local machine learning model(s). may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0052 - message M may be signed with the digital signature a, the digital signature a generated by the vehicle based on the gsk. As such, each vehicle may generate a distinct and private digital signature. CM may accept vehicles to participate in the CML network if the digital signature a of the message M is verified by the CM using the gpk; para. 0063 - the collaborator may incorporate the contents of M into an updated global machine learning in model, which may in turn be distributed to each vehicle GV. For example, the updated machine learning model may incorporate details from each vehicle in GV.); and aggregating, by the server, the local models of the at least two second terminals based on the shared key …, to obtain an updated global model (see para. 0045 -may continue to train and update their local machine learning models, so that the process continues, providing continuous, collaborative updates to the machine learning models for each vehicle; para. 0059 - the GM may take details of the vehicles in the group as an argument and may proceed with the following mathematical procedure in order to generate a gpk, a gmsk, and a secret key for each user. group public key is gpk= (g1, g2, h, u, v, w), the group private key is gmsk=(s1 s2) and the secret key of each user is their tuple gsk[i]=(Ai, xi). each vehicle receives the gpk for the group, and each vehicle receives a distinct gsk that identifies the vehicle; para. 0060 - each vehicle in the group of vehicles sharing the local model with the CM. For example, for the group signature scheme, each vehicle (V;) may sign a message (M) containing details of the vehicle's local machine learning model. each vehicle signs their message M with a distinct digital signature a (e.g., generated with the gsk) and transmits the signed message.). Chen further teaches or suggests wherein after the scrambling an initial local model of the first terminal by using a random vector (see Fig. 3; I - PPT generates a random noise for local model disturbance to guarantee the privacy; II, C - shared-key discovery: Each client broadcasts the lists of identifiers in the key ring to discover the same keys, called shared-keys, with its neighbor clients; IV, A - clients execute the above interactions mutually to obtain the same keys with each other, which are called shared-keys. to compute their communication key; IV, B - protect u0’s privacy, u0 generates a noise s to disturb X0, shown as X0 +s. Note that s has the same dimension as X0. Subsequently, the leader client u0 can execute the transmission and aggregation process.). Accordingly, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the system and method, taught in Hemantharaja, to include wherein after the scrambling an initial local model of the first terminal by using a random vector for the purpose of efficiently determining keys clients to produce further keys for encryption purposes and adding noise to data to protect the data, improving model security, as taught by Chen (IV, Fig. 3). Wu further teaches or suggests modulo division on the local model (see para. 0047 - for an initial model with a relatively large parameter scale, the executing body may divide the parameter of the initial model into parts of a target number based on a preset method. The target number represents the number of parameter servers in the distributed parameter server; and each parameter server in the distributed parameter server sequentially stores one part of parameter of the target number of parameter; para. 0048 - each parameter is correspondingly provided with a parameter identifier represented by a number, and by performing a modulo operation based on a value represented by the target number on the parameter identifier, the parameter of the initial model may be divided into parts of the target number. In this implementation, each parameter server in the distributed parameter server correspondingly stores the parts of the target number of parameter, so that the present disclosure is suitable for scenarios with a large model parameter scale.). Accordingly, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the system and method, taught in Hemantharaja, to include modulo division on the local model for the purpose of efficiently breaking a model into parts for improved transmission and storage and enabling large model parameter scale, as taught by Wu (0048). Claim(s) 14: Claim(s) 14 corresponds to Claim 3, and thus, Hematharaja, Chen, and Wu teach or suggest the limitations of claim(s) 14 as well. Allowable Subject Matter Claims 4-6, 9-11, and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew T McIntosh whose telephone number is (571)270-7790. The examiner can normally be reached M-Th 8:00am-5:30pm. 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, Tamara Kyle can be reached at 571-272-4241. 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. /ANDREW T MCINTOSH/Primary Examiner, Art Unit 2144
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Prosecution Timeline

May 31, 2024
Application Filed
Jul 18, 2025
Response after Non-Final Action
Aug 07, 2026
Non-Final Rejection mailed — §103, §Other (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
95%
With Interview (+18.0%)
3y 0m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 525 resolved cases by this examiner. Grant probability derived from career allowance rate.

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