Prosecution Insights
Last updated: August 17, 2026
Application No. 18/751,660

COMMUNICATION METHOD AND COMMUNICATIONS APPARATUS

Non-Final OA §102
Filed
Jun 24, 2024
Priority
Feb 15, 2019 — CN 201910118205.2 +2 more
Examiner
HUQ, OBAIDUL
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
711 granted / 789 resolved
+32.1% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
20 currently pending
Career history
803
Total Applications
across all art units

Statute-Specific Performance

§101
8.2%
-31.8% vs TC avg
§103
60.5%
+20.5% vs TC avg
§102
10.2%
-29.8% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 789 resolved cases

Office Action

§102
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 § 102 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 – (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. 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. Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by XIE et al., US 2021/0385718 A1 (using foreign application priority dates of October 22, 2018, corresponding to CN 201811228627.7 referred to as Xie hereinafter). Here is how the reference teaches the claims. Regarding claim 1, Xie discloses a communication method (Xie, paragraph [0002], Embodiments of the present disclosure relate to the field of communications, and more particularly, to a method and a device for load balancing), comprising: generating, by a first network device, load information (Xie, paragraph [0039], information such as respective beams and coverage areas may be exchanged between base stations through an inter-base station interface … The first base station may further acquire (i.e., first network device), according to a measurement report of a terminal, information such as beam information of a neighboring base station and signal reception quality of the terminal on a beam of the neighboring base station. Therefore, in order to obtain the load information of the second beam, which may be used to share the load of the first beam, (i.e., beam load information generated by the first base station, using the measurement report from the terminal, is exchanged with the second bases through an inter-base station interface)), wherein the load information indicates load information of at least one synchronization signal and physical broadcast channel block (SSB) of the first network device (Xie, paragraph [0038], the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second base station, and the second beam is a beam of which the first base station requests to obtain beam load information. Herein, the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal comprises a synchronization signal/physical broadcast channel (SS/PBCH) block (i.e., the reference signal comprising SS/PBCH represented by the beam identification information in the request message for load information is interpreted as the load information indicates load information of at least one synchronization signal and physical broadcast channel block (SSB) of the first network device) and/or a channel state information-reference signal (CSI-RS)); and sending, by the first network device, the load information to a second network device (Xie, paragraph [0045], after receiving the request message transmitted by the first base station (i.e., request message comprising the load information sent by the first network device to the second network device). Also see paragraph [0038], the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second base station, and the second beam is a beam of which the first base station requests to obtain beam load information). Regarding claim 2, Xie discloses wherein the load information comprises identification information of the at least one SSB and load information of a cell corresponding to the at least one SSB (Xie, paragraph [0122], the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0102], the first transceiver 301 is further configured to receive beam load update information periodically transmitted by the second base station according to the request message, wherein the beam load update information carries the beam load information of the second cell). Regarding claim 3, Xie discloses wherein the load information of the cell corresponding to the at least one SSB (Xie, paragraph [0122], the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0102], the first transceiver 301 is further configured to receive beam load update information periodically transmitted by the second base station according to the request message, wherein the beam load update information carries the beam load information of the second cell) comprises at least one of the following: radio resource usage information of the cell corresponding to the at least one SSB, a hardware load indicator of the cell corresponding to the at least one SSB, a software load indicator of the cell corresponding to the at least one SSB, a capacity value of the cell corresponding to the at least one SSB, or overload state indication information of the cell corresponding to the at least one SSB (Xie, paragraph [0121]-[0122], the request message carries indication information of a request reason, and the request reason is beam-based load balancing … the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0123], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., uplink and/or downlink resource usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity). Regarding claim 4, Xie discloses wherein the radio resource usage information of the cell corresponding to the at least one SSB (Xie, paragraph [0121], the request message carries indication information of a request reason, and the request reason is beam-based load balancing. Also see paragraph [0123], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., uplink and/or downlink resource usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity) comprises at least one of the following: uplink/downlink guaranteed bit rate physical resource block (UL/DL GBR PRB) usage, uplink/downlink non-guaranteed bit rate physical resource block (UL/DL non-GBR PRB) usage, or total UL/DL PRB usage (Xie, paragraph [0041], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., total UL/DL PRB usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity). Regarding claim 5, Xie discloses wherein the capacity value of the cell corresponding to the at least one SSB comprises a percentage of an available UL/DL capacity to a total capacity (Xie, paragraphs [0069]-[0070], the request message may be transmitted by the first base station when a load of a first beam of a cell of the first base station exceeds a first threshold, the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second cell … the above-mentioned beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel (SS/PBCH) block. Also see paragraph [0072], Optionally, the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage, an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity (i.e., percentage of available UL/DL capacity to a total available capacity). Regarding claim 6, Xie discloses wherein the first network device is a first radio access network device, the second network device is a second radio access network device (Xie, paragraph [0013], Some embodiments of the present disclosure provide a method for load balancing, including: receiving, by a first base station to which a first cell belongs (i.e., a first radio access network device), beam load information of a second cell transmitted by a second base station (i.e., a second radio access network device) to which the second cell belongs); or the first network device is a distributed unit (DU), the second network device is a central unit (CU). Regarding claim 7, Xie discloses a communication apparatus (Xie, paragraph [0134], Referring to FIG. 5, some embodiments of the present disclosure provide another network device 500 including a processor 501, a transceiver 502, a memory 503, and a bus interface), comprising: at least one processor configured with processor-executable instructions to perform operations (Xie, paragraph [0136], the network device 500 may further include a program stored on the memory 503 and executable on the processor 501, wherein the program when executed by the processor 501 implements the steps of the methods provided in the embodiments of the present disclosure) including: generating load information (Xie, paragraph [0039], information such as respective beams and coverage areas may be exchanged between base stations through an inter-base station interface … The first base station may further acquire (i.e., first network device), according to a measurement report of a terminal, information such as beam information of a neighboring base station and signal reception quality of the terminal on a beam of the neighboring base station. Therefore, in order to obtain the load information of the second beam, which may be used to share the load of the first beam, (i.e., beam load information generated by the first base station, using the measurement report from the terminal, is exchanged with the second bases through an inter-base station interface)), wherein the load information indicates load information of at least one synchronization signal and physical broadcast channel block (SSB) of a first network device (Xie, paragraph [0038], the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second base station, and the second beam is a beam of which the first base station requests to obtain beam load information. Herein, the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal comprises a synchronization signal/physical broadcast channel (SS/PBCH) block (i.e., the reference signal comprising SS/PBCH represented by the beam identification information in the request message for load information is interpreted as the load information indicates load information of at least one synchronization signal and physical broadcast channel block (SSB) of the first network device) and/or a channel state information-reference signal (CSI-RS)); and sending the load information to a second network device (Xie, paragraph [0045], after receiving the request message transmitted by the first base station (i.e., request message comprising the load information sent by the first network device to the second network device). Also see paragraph [0038], the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second base station, and the second beam is a beam of which the first base station requests to obtain beam load information). Regarding claim 8, Xie discloses wherein the load information comprises identification information of the at least one SSB and load information of a cell corresponding to the at least one SSB (Xie, paragraph [0122], the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0102], the first transceiver 301 is further configured to receive beam load update information periodically transmitted by the second base station according to the request message, wherein the beam load update information carries the beam load information of the second cell). Regarding claim 9, Xie discloses wherein the load information of the cell corresponding to the at least one SSB comprises (Xie, paragraph [0122], the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0102], the first transceiver 301 is further configured to receive beam load update information periodically transmitted by the second base station according to the request message, wherein the beam load update information carries the beam load information of the second cell) at least one of the following: radio resource usage information of the cell corresponding to the at least one SSB, a hardware load indicator of the cell corresponding to the at least one SSB, a software load indicator of the cell corresponding to the at least one SSB, a capacity value of the cell corresponding to the at least one SSB, or overload state indication information of the cell corresponding to the at least one SSB (Xie, paragraph [0121]-[0122], the request message carries indication information of a request reason, and the request reason is beam-based load balancing … the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0123], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., uplink and/or downlink resource usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity). Regarding claim 10, Xie discloses wherein the radio resource usage information of the cell corresponding to the at least one SSB comprises (Xie, paragraph [0121], the request message carries indication information of a request reason, and the request reason is beam-based load balancing. Also see paragraph [0123], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., uplink and/or downlink resource usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity) at least one of the following: uplink/downlink guaranteed bit rate physical resource block (UL/DL GBR PRB) usage, uplink/downlink non-guaranteed bit rate physical resource block (UL/DL non-GBR PRB) usage, or total UL/DL PRB usage (Xie, paragraph [0041], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., total UL/DL PRB usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity). Regarding claim 11, Xie discloses wherein the capacity value of the cell corresponding to the at least one SSB comprises a percentage of an available UL/DL capacity to a total capacity (Xie, paragraphs [0069]-[0070], the request message may be transmitted by the first base station when a load of a first beam of a cell of the first base station exceeds a first threshold, the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second cell … the above-mentioned beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel (SS/PBCH) block. Also see paragraph [0072], Optionally, the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage, an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity (i.e., percentage of available UL/DL capacity to a total available capacity). Regarding claim 12, Xie discloses wherein the first network device is a first radio access network device, the second network device is a second radio access network device (Xie, paragraph [0013], Some embodiments of the present disclosure provide a method for load balancing, including: receiving, by a first base station to which a first cell belongs (i.e., a first radio access network device), beam load information of a second cell transmitted by a second base station (i.e., a second radio access network device) to which the second cell belongs); or the first network device is a distributed unit (DU), the second network device is a central unit (CU). Regarding claim 13, Xie discloses a non-transitory computer-readable storage medium storing computer instructions, that when executed by at least one processor, cause the at least one processor to perform operations (Xie, paragraph [0138], Some embodiments of the present disclosure further provide a computer readable storage medium having stored thereon a computer program which, when executed by a processor, implements the processes of the above described method embodiments and achieves the same technical effect) comprising: generating load information (Xie, paragraph [0039], information such as respective beams and coverage areas may be exchanged between base stations through an inter-base station interface … The first base station may further acquire (i.e., first network device), according to a measurement report of a terminal, information such as beam information of a neighboring base station and signal reception quality of the terminal on a beam of the neighboring base station. Therefore, in order to obtain the load information of the second beam, which may be used to share the load of the first beam, (i.e., beam load information generated by the first base station, using the measurement report from the terminal, is exchanged with the second bases through an inter-base station interface)), wherein the load information indicates load information of at least one synchronization signal and physical broadcast channel block (SSB) of a first network device (Xie, paragraph [0038], the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second base station, and the second beam is a beam of which the first base station requests to obtain beam load information. Herein, the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal comprises a synchronization signal/physical broadcast channel (SS/PBCH) block (i.e., the reference signal comprising SS/PBCH represented by the beam identification information in the request message for load information is interpreted as the load information indicates load information of at least one synchronization signal and physical broadcast channel block (SSB) of the first network device) and/or a channel state information-reference signal (CSI-RS)); and sending the load information to a second network device (Xie, paragraph [0045], after receiving the request message transmitted by the first base station (i.e., request message comprising the load information sent by the first network device to the second network device). Also see paragraph [0038], the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second base station, and the second beam is a beam of which the first base station requests to obtain beam load information). Regarding claim 14, Xie discloses wherein the load information comprises identification information of the at least one SSB and load information of a cell corresponding to the at least one SSB (Xie, paragraph [0122], the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0102], the first transceiver 301 is further configured to receive beam load update information periodically transmitted by the second base station according to the request message, wherein the beam load update information carries the beam load information of the second cell). Regarding claim 15, Xie discloses wherein the load information of the cell corresponding to the at least one SSB (Xie, paragraph [0122], the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0102], the first transceiver 301 is further configured to receive beam load update information periodically transmitted by the second base station according to the request message, wherein the beam load update information carries the beam load information of the second cell) comprises at least one of the following: radio resource usage information of the cell corresponding to the at least one SSB, a hardware load indicator of the cell corresponding to the at least one SSB, a software load indicator of the cell corresponding to the at least one SSB, a capacity value of the cell corresponding to the at least one SSB, or overload state indication information of the cell corresponding to the at least one SSB (Xie, paragraph [0121]-[0122], the request message carries indication information of a request reason, and the request reason is beam-based load balancing … the beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel SS/PBCH block. Also see paragraph [0123], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., uplink and/or downlink resource usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity). Regarding claim 16, Xie discloses wherein the radio resource usage information of the cell corresponding to the at least one SSB comprises (Xie, paragraph [0121], the request message carries indication information of a request reason, and the request reason is beam-based load balancing. Also see paragraph [0123], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., uplink and/or downlink resource usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity) at least one of the following: uplink/downlink guaranteed bit rate physical resource block (UL/DL GBR PRB) usage, uplink/downlink non-guaranteed bit rate physical resource block (UL/DL non-GBR PRB) usage, or total UL/DL PRB usage (Xie, paragraph [0041], the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage (i.e., total UL/DL PRB usage), an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity). Regarding claim 17, Xie discloses wherein the capacity value of the cell corresponding to the SSB comprises a percentage of an available UL/DL capacity to a total capacity (Xie, paragraphs [0069]-[0070], the request message may be transmitted by the first base station when a load of a first beam of a cell of the first base station exceeds a first threshold, the request message carries beam identification information of the first beam and/or beam identification information of a second beam of the second cell … the above-mentioned beam identification information is represented by an identification of a reference signal used by the beam, and the reference signal includes a synchronization signal/physical broadcast channel (SS/PBCH) block. Also see paragraph [0072], Optionally, the request message further indicates a type of beam load information request to be obtained, and the type of beam load information comprises at least one of the following types: an uplink Physical Resource Block (PRB) Usage, a downlink PRB Usage, an uplink data throughput, a downlink data throughput, an available capacity, and a ratio of available capacity (i.e., percentage of available UL/DL capacity to a total available capacity). Regarding claim 18, Xie discloses wherein the first network device is a first radio access network device, the second network device is a second radio access network device (Xie, paragraph [0013], Some embodiments of the present disclosure provide a method for load balancing, including: receiving, by a first base station to which a first cell belongs (i.e., a first radio access network device), beam load information of a second cell transmitted by a second base station (i.e., a second radio access network device) to which the second cell belongs); or the first network device is a distributed unit (DU), the second network device is a central unit (CU). Examiner's Note Following prior arts are made of record and not relied upon is considered pertinent to applicant's disclosure. 1. Kim et al., US 2020/0296765 A1: discloses a wireless communication system where a plurality of synchronization signals may be respectively associated with a plurality of random access channel establishments. A UE selects a PRACH resource corresponding to the beam or SS block with the largest amount of resources by considering the amount of loads. In other words, load information can be signaled as RACH configuration information per SS block. This load information may be used to restrict RACH transmission for a specific SS block index, and more specifically, restrict to make a random access attempt using a specific RACH resource (Kim, abstract, and paragraph [0195]). 2. Liu, US 2020/0228276 A1: discloses a PBCH bandwidth processing method that determines whether a current frequency band is a preset type of frequency band, the preset type of frequency band being capable of using two subcarrier spacings (SCSs). If the current frequency band is the preset type of frequency band, reducing the number of PBCH information bits comprised in a load in a PBCH corresponding to the current frequency band and maintaining the number of resource elements (REs) occupied by a demodulation reference signal (DMRS) in a synchronization signal block (SSB) corresponding to the current frequency to be unchanged (Liu, abstract). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OBAIDUL HUQ whose telephone number is (571)270-7199. The examiner can normally be reached Mon-Fri 8:00-5:00. 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, Kwang Bin Yao can be reached at 571-272-3182. 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. /OBAIDUL HUQ/Primary Examiner, Art Unit 2473 Dated: 07/10/2026
Read full office action

Prosecution Timeline

Jun 24, 2024
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+14.4%)
2y 7m (~6m remaining)
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