Prosecution Insights
Last updated: October 26, 2026
Application No. 18/738,849

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103
Filed
Jun 10, 2024
Priority
Dec 13, 2021 — CN 202111522756.9 +1 more
Examiner
PATIDAR, SUDESH M
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
201 granted / 250 resolved
+22.4% vs TC avg
Strong +42% interview lift
Without
With
+42.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
22 currently pending
Career history
289
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
59.3%
+19.3% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
24.2%
-15.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 250 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 . Response to Amendment Applicant’s amendment filed on 08/10/2026 has been entered. Claims 1,5,9,12-14 and 18 have been amended. Claims 4 and 17 have been canceled in this amendment. New Claims 21-22 have been added in this amendment. Claims 1-3,5-16 and 18-22 are pending in this application, with claims 1,9 and 14 being independent. Response to Arguments Applicant's arguments with respect to Claim Objections have been considered and are persuasive. Therefore, the Objections are withdrawn. Applicant’s arguments with respect to rejection of Claims 1,9 and 14 under 35 U.S.C. §103 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3,6-12,14-16 and 19-22 rejected under 35 U.S.C. 103 as being unpatentable over HAUSTEIN et al. (US 2023/0189382 Al, hereinafter referred to as “Haustein”) in view of HONG et al. (US 2019/0037425 Al, hereinafter referred to as “Hong-7425”). Regarding Claims 1,9 and 14, Haustein discloses a communication method, applied to a terminal device (Haustein Fig.5 Para[0307] A terminal), a network device (Haustein Fig.5 Para[0307] A gNB (i.e. network device)) and an apparatus comprising: wherein the idle measurement result is a measurement result obtained when the terminal device is in the RRC idle state (Haustein Para[0034,0054-62] The collection of measurement by the UE in RRC_Idle state) or the RRC inactive state (Haustein Para[0034,0054-62] The collection of measurement by the UE in RRC_Inactive state); performing measurement based on the information (Haustein Para[0034,0054-62] The collection of measurement by the UE). Haustein does not explicitly disclose receiving a message comprising indication, wherein the message indicates to the terminal device to enter a radio resource control (RRC) idle state or an RRC inactive state, and the indication information indicates to the terminal device to store, in an idle measurement result, at least one of a geographical location of the terminal device or information about a distance between the terminal device and at least one cell reference point. However, Hong-7425 from the same field of invention discloses wherein the message indicates to the terminal device to enter a radio resource control (RRC) idle state or an RRC inactive state (Hong-7425 Fig.1 Para[0059-64] An RRC release message to enter idle mode), and the indication information indicates to the terminal device to store, in an idle measurement result, at least one of a geographical location of the terminal device or information about a distance between the terminal device and at least one cell reference point (Hong-7425 Fig.1 Para[0059-64] The RRC release message has idle mode measurement configuration information (i.e. indication) and whether to store it. The measurement includes target cell information, frequency information and terminal location information, see Para[0135-136]). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Haustein to have the feature of “wherein the message indicates to the terminal device to enter a radio resource control (RRC) idle state or an RRC inactive state, and the indication information indicates to the terminal device to store, in an idle measurement result, at least one of a geographical location of the terminal device or information about a distance between the terminal device and at least one cell reference point” as taught by Hong-7425. The motivation would have been for efficiently controlling carrier aggregation (Hong-7425 Para[0002]). Specifically for claim 9, Haustein discloses the apparatus that includes a circuitry (Haustein Para[0202] A processor). Regarding claims 2,10 and 15, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. The claim recites further discloses receiving information of the at least one cell reference point (Not given patentable weight due to non-selective option in the claim). Regarding claims 3,11 and 16, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. The claim recites further discloses wherein the distance between the terminal device and the at least one cell reference point is obtained based on the geographical location of the terminal device and the at least one cell reference point (Not given patentable weight due to non-selective option in the claim). Regarding claim 12, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. Haustein further discloses storing an obtained measurement result, wherein the measurement result comprises the idle measurement result (Haustein Para[0034,0167] The measured results are sent to the network). Regarding claims 6 and 19, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. Haustein further discloses receiving information of a value of a timer for idle measurement (Haustein Para[0249] A time interval (i.e. timer) is provided in the logging instructions). Regarding claims 7 and 20, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. Haustein further discloses receiving measurement configuration information indicating to the terminal device to perform measurement in the RRC idle state or the RRC inactive state (Haustein Para[0034,0054-62] The logged measurement configuration). Regarding claim 8, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. Haustein further discloses wherein the measurement configuration information comprises effective area information of a measurement configuration (Haustein Para[0037,0285] The logging area (i.e. effective area) is provided to the UE). Regarding claims 21-22, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. Hong-7425 further discloses in a case that the terminal device supports multi-radio dual connectivity (MR-DC) or carrier aggregation (CA) between a frequency of a camped-on cell and a to-be-measured frequency, measuring the to-be-measured frequency and storing a measurement result of a cell corresponding to the to-be-measured frequency (Hong Para[0007,0059-71] The carrier aggregation is carried out efficiently by measuring target frequency in the idle mode). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Haustein to have the feature of “in a case that the terminal device supports multi-radio dual connectivity (MR-DC) or carrier aggregation (CA) between a frequency of a camped-on cell and a to-be-measured frequency, measuring the to-be-measured frequency and storing a measurement result of a cell corresponding to the to-be-measured frequency” as taught by Hong-7425. The motivation would have been for efficiently controlling carrier aggregation (Hong-7425 Para[0002]). Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Haustein in view of Hong-7425 and further in view of Teyeb et al. (WO 2020/251443 Al, hereinafter referred to as “Teyeb”). Regarding claims 5 and 18, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. Haustein in view of Hong-7425 does not explicitly disclose wherein the measurement result further comprises obtaining a measurement result by continuing measurement in a connection establishment or resumption process However, Teyeb from the same field of invention discloses wherein the measurement result further comprises obtaining a measurement result by continuing measurement in a connection establishment or resumption process (Teyeb Fig. 26 Page:28-29 The UE performs idle measurements till RRC resume request is sent (i.e. establish or resumption)). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Haustein and Hong-7425to have the feature of “wherein the measurement result further comprises obtaining a measurement result by continuing measurement in a connection establishment or resumption process” as taught by Teyeb. The motivation would have been to not perform idle mode measurements indefinitely to save a UE battery (Teyeb Page:2). Claim 13 are rejected under 35 U.S.C. 103 as being unpatentable over Haustein in view of Hong-7425 and further in view of Hong et al. (US 2020/0367085 A1, hereinafter referred to as “Hong”). Regarding claim 13, Haustein in view of Hong-7425 discloses the method, the terminal and the network device as explained above for Claim 1. Haustein in view of Hong-7425 does not explicitly disclose configuring carrier aggregation and/or multi-radio dual connectivity for the terminal device. However, Hong from the same field of invention discloses configuring carrier aggregation and/or multi-radio dual connectivity for the terminal device (Hong Fig.16 Para[0398-399] The carrier aggregation or dual connectivity is performed by the network after receiving idle measurements report from the UE). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Haustein and Hong-7425 to have the feature of “configuring carrier aggregation and/or multi-radio dual connectivity for the terminal device” as taught by Hong. The motivation would have been to have early frequency reporting for faster carrier aggregation or dual connectivity (Hong Para[0008]). Although specific columns, figures, reference numerals, lines of the reference(s), etc. have been referred to, Applicant should consider the entire applied prior art reference(s). Conclusion 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 Sudesh M. Patidar whose telephone number is (571)272-2768. The examiner can normally be reached M-F:: 10AM-6:30PM ET. 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, Jeffrey Rutkowski can be reached at (571) 270-1215. 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. /Sudesh M. Patidar/Primary Examiner, Art Unit 2415
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Prosecution Timeline

Jun 10, 2024
Application Filed
Sep 27, 2024
Response after Non-Final Action
May 13, 2026
Non-Final Rejection mailed — §103
Aug 10, 2026
Response Filed
Sep 29, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+42.1%)
2y 8m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 250 resolved cases by this examiner. Grant probability derived from career allowance rate.

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