Prosecution Insights
Last updated: October 02, 2026
Application No. 18/738,849

COMMUNICATION METHOD AND APPARATUS

Final Rejection §102§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
199 granted / 248 resolved
+22.2% vs TC avg
Strong +42% interview lift
Without
With
+42.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
279
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
60.5%
+20.5% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 248 resolved cases

Office Action

§102 §103
CTNF 18/738,849 CTNF 90498 DETAILED ACTION 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. 12-151 AIA 26-51 12-51 Status of Claims This communication is in response to the application filed on 09/27/2024. Claims 1-20 are pending in this application, with claims 1,9 and 14 being independent. Attorney Information Request For efficient and faster prosecution of the current application, please provide direct phone number and email address of an attorney filing a response to this office action. Claim Objections 07-29-01 AIA Claim s 1,4,9,12-14 and 17 are objected to because of the following informalities: In claim 1, line 3, the claim recites “..and/or..”. The examiner will interpret the limitation using “non selective option OR” In claim 4, line 2, “an obtained” should read “the obtained” In claim 9, line 3, the claim recites “..and/or..”. The examiner will interpret the limitation using “non selective option OR” In claim 12, line 2, “a measurement result” should read “the measurement result” In claim 13, line 2, the claim recites “..and/or..”. The examiner will interpret the limitation using “non selective option OR” In claim 14, line 5, the claim recites “..and/or..”. The examiner will interpret the limitation using “non selective option OR” In claim 17, line 2, “an obtained” should read “the obtained” Appropriate correction is required. 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 1-4,6-8,9-12,14-17 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by HAUSTEIN et al. (US 2023/0189382 Al, hereinafter referred to as “Haustein”) . 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: receiving, generating and sending an indication information indicating to the terminal device to store (Haustein Para[0034,0054-62] The network sends logged measurement configuration) , in an idle measurement result (Haustein Para[0034,0054-62] The collection of measurement in Idle or inactive state) , a geographical location of the terminal device (Haustein Para[0034,0054-62] The logged MDT measurements are tagged with the UE location data) and/or information about a distance between the terminal device and each at least one cell reference point (Not given patentable weight due to non-selective option in the claim) , wherein the idle measurement result is a measurement result obtained when the terminal device is in a radio resource control (RRC) idle state (Haustein Para[0034,0054-62] The collection of measurement by the UE in RRC_Idle state) or an RRC inactive state (Haustein Para[0034,0054-62] The collection of measurement by the UE in RRC_Inactive state) ; performing measurement based on the indication information (Haustein Para[0034,0054-62] The collection of measurement by the UE) . Specifically for claim 9, Haustein discloses the apparatus that includes a circuitry (Haustein Para[0202] A processor) . Regarding claims 2,10 and 15, Haustein 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 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 claims 4,12 and 17, Haustein 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 during RRC_Idle are stored (i.e. logged)) . Regarding claims 6 and 19, Haustein 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 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 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) . 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Haustein in view of Teyeb et al. (WO 2020/251443 Al, hereinafter referred to as “Teyeb”) . Regarding claims 5 and 18, Haustein discloses the method, the terminal and the network device as explained above for Claim 1. Haustein does not explicitly disclose wherein the measurement result further comprises a measurement result obtained 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 a measurement result obtained 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 to have the feature of “wherein the measurement result further comprises a measurement result obtained 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) . 07-21-aia AIA Claim 13 are rejected under 35 U.S.C. 103 as being unpatentable over Haustein in view of Hong et al. (US 1234567, hereinafter referred to as “Hong”) . Regarding claim 13, Haustein discloses the method, the terminal and the network device as explained above for Claim 1. Haustein 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 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). Additional References The following prior arts are made of record and not relied upon is considered pertinent to applicant's disclosure: 1. U.S. Patent Application Publication No. 2015/0133151 to Jung (Fig.8 and associated paragraphs) Conclusion Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/defau1Vfiles/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. 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 Application/Control Number: 18/738,849 Page 2 Art Unit: 2415 Application/Control Number: 18/738,849 Page 3 Art Unit: 2415 Application/Control Number: 18/738,849 Page 4 Art Unit: 2415 Application/Control Number: 18/738,849 Page 5 Art Unit: 2415 Application/Control Number: 18/738,849 Page 6 Art Unit: 2415 Application/Control Number: 18/738,849 Page 7 Art Unit: 2415 Application/Control Number: 18/738,849 Page 8 Art Unit: 2415 Application/Control Number: 18/738,849 Page 9 Art Unit: 2415
Read full office action

Prosecution Timeline

Jun 10, 2024
Application Filed
Sep 27, 2024
Response after Non-Final Action
May 13, 2026
Non-Final Rejection mailed — §102, §103
Aug 10, 2026
Response Filed
Sep 29, 2026
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

3-4
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+42.0%)
2y 8m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 248 resolved cases by this examiner. Grant probability derived from career allowance rate.

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