Prosecution Insights
Last updated: July 17, 2026
Application No. 18/758,912

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102
Filed
Jun 28, 2024
Priority
Dec 29, 2021 — CN 202111631966.1 +1 more
Examiner
SUGDEN, NOAH JAMES
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
20 granted / 23 resolved
+27.0% vs TC avg
Strong +20% interview lift
Without
With
+20.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
28 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§103
87.7%
+47.7% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 23 resolved cases

Office Action

§102
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 Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN 202111631966.1, filed on 12/29/2021. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 8/30/2024 and 4/02/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “S601”, “S602”, and “S603” has been used to designate both the first permission from the second network element to the third in manner 1 (¶0363) and the data type sent from the first network element to the second in manner 2 (¶377), the process by which the third network element determines the third indication information in manner 1 (¶0369) and the data type sent between the third and second network element in manner 2 (¶0380), and a first permission and third indication information sent by the third element to the first in manner 1 (¶0374) and the process of determining a first permission by the second network element in manner 2 respectively (¶0387). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. The disclosure is objected to because of the following informalities: With respect to the above stated objections to the drawings, the associated paragraphs (¶0363, ¶0368, ¶0374, ¶0377, ¶0382, ¶0387) need correcting to the new drawing numbers provided. Appropriate correction is required. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 102 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jocha et al. (WO 2021224666 A1), hereinafter Jocha. Re. Claim 1, Jocha teaches a communication method, comprising: sending, by a first network element, check content to a second network element (¶0004 - According to some embodiments a method of operating a first network node in a first communication network is provided. The method includes transmitting a request message to a second network node in a second communication network), wherein the check content indicates an abnormal event that causes a fault of a second network, wherein a communication system comprises the first network element (¶0033 - upon detecting an event (e.g., a failure) transmit an event notification 294 to Domain A 110, ¶0036 - the event notification is triggered by a condition that indicates when the event occurs), wherein the first network element belongs to a first network of a first operator and further comprises the second network element, which belongs to the second network of a second operator (¶0116 - wherein the first communication network is a new radio, NR, network associated with a first service operator that is different than a second service operator associated with the second communication network); and receiving, by the first network element, a check result from the second network element, wherein the check result indicates whether the abnormal event occurs in the second network (Fig. 2, ¶0033 - FIG. 2 illustrates an example of an orchestration hierarchy in which an element management (“EM”) function 290 may monitor the VNF 152 and upon detecting an event (e.g., a failure) transmit an event notification 294 to Domain A 110). Re. Claim 9, Jocha teaches 9. A communication method, comprising: receiving, by a second network element, check content from a first network element (¶0004 - According to some embodiments a method of operating a first network node in a first communication network is provided. The method includes transmitting a request message to a second network node in a second communication network), wherein the check content indicates an abnormal event that causes a fault of a second network, wherein a communication system comprising a first network element and the second network element (¶0033 - upon detecting an event (e.g., a failure) transmit an event notification 294 to Domain A 110, ¶0036 - the event notification is triggered by a condition that indicates when the event occurs), wherein the first network element belongs to a first network of a first operator, and wherein the second network element belongs to the second network of a second operator (¶0116 - wherein the first communication network is a new radio, NR, network associated with a first service operator that is different than a second service operator associated with the second communication network); and sending, by the second network element, a check result to the first network element, wherein the check result indicates whether the abnormal event occurs in the second network (Fig. 2, ¶0033 - FIG. 2 illustrates an example of an orchestration hierarchy in which an element management (“EM”) function 290 may monitor the VNF 152 and upon detecting an event (e.g., a failure) transmit an event notification 294 to Domain A 110). Re. Claim 16, Claim 16 relies on the same language as Claim 1 for the majority of its limitations and as such is rejected under the same standard. Additionally Jocha further discloses one or more processors and a non-transitory computer readable memory connected to the processor (Fig. 10, ¶0039 - Communication device UE 1000 may also include processing circuitry 1003 (also referred to as a processor, e.g., corresponding to processing circuitry 4120 of FIG. 19) coupled to the transceiver circuitry, and memory circuitry 1005 (also referred to as memory, e.g., corresponding to device readable medium 4130 of FIG. 19) coupled to the processing circuitry). Re. Claim 2, Jocha teaches Claim 1. Additionally, Jocha further teaches determining, by the first network element, a fault root cause based on the check result, wherein the fault root cause indicates a cause of the abnormal event (¶0118 - the request message further comprises a condition associated with indicating when an event occurs, and wherein the event notification indicates that the event has occurred). Re. Claims 3 and 11, Jocha teaches Claims 2 and 9. Additionally, Jocha further teaches sending, by the first network element, a first request to the second network element, wherein the first request indicates to perform fault rectification based on the fault root cause (¶0118 - the request message further comprises a condition associated with indicating when an event occurs, and wherein the event notification indicates that the event has occurred). Re. Claim 4, Jocha teaches Claim 1. Additionally, Jocha further teaches sending, by the first network element, a data type to the second network element, wherein the data type indicates a type of data information corresponding to the check content (¶0118 - the request message further comprises a condition associated with indicating when an event occurs, and wherein the event notification indicates that the event has occurred. Examiner interprets that “type of data” can mean the transfer of data as computer executable instruction to perform the event). Re. Claim 5, Jocha teaches Claim 1. Additionally, Jocha further teaches sending, by the first network element, a data type and fault information to the second network element, wherein the data type indicates a type of data information corresponding to the check content, and the fault information indicates a severity of the fault of the second network (¶0118 - the request message further comprises a condition associated with indicating when an event occurs, and wherein the event notification indicates that the event has occurred. Examiner interprets that here, the event notification indicating a fault would require a threshold to be met before being set (¶0036 - the event notification is triggered by a condition that indicates when the event occurs), therefore, the notification would include an indication of the severity implicitly by the prospect of the fault being tripped). Re. Claims 6 and 14, Jocha teaches Claims 4 and 12. Additionally, Jocha further teaches receiving, by the first network element, first indication information from the second network element, wherein the first indication information indicates that the second network element prohibits disclosure of the data information, OR the first indication information indicates that the second network element supports confirmation of the check result (¶0110 - responsive to transmitting the request message and prior to receiving the event notification, receiving (1320) a confirmation message indicating the task has been deployed, wherein the confirmation message is received from the second network node or from a network node implementing the task). Re. Claims 7 and 15, Jocha teaches Claims 4 and 14. Additionally, Jocha further teaches sending, by the first network element, the data type to a third network element, wherein the data type indicates the type of the data information corresponding to the check content, and wherein the third network element belongs to the first network (¶0087 - In FIG. 15, at block 1505, processing circuitry 1103 receives, via network interface 1107, a second request message including instructions to deploy the first task, a second condition associated with indicating when a second event occurs, and an identifier associated with a fourth network node). Re. Claims 8, Jocha teaches Claim 7. Additionally, Jocha further teaches receiving, by the first network element, third indication information from the third network element, wherein the third indication information indicates that data information of the first network is allowed to be disclosed, and wherein the data information of the first network corresponds to the check content (¶0087 - In FIG. 15, at block 1505, processing circuitry 1103 receives, via network interface 1107, a second request message including instructions to deploy the first task, a second condition associated with indicating when a second event occurs, and an identifier associated with a fourth network node). Re. Claim 10, Jocha teaches Claim 9. Additionally, Jocha further teaches determining, by the second network element, the check result based on the check content (¶0118 - the request message further comprises a condition associated with indicating when an event occurs, and wherein the event notification indicates that the event has occurred). Re. Claims 12, Jocha teaches Claim 9. Additionally, Jocha further teaches receiving, by the second network element, a data type from the first network element, wherein the data type indicates a type of data information corresponding to the check content (¶0118 - the request message further comprises a condition associated with indicating when an event occurs, and wherein the event notification indicates that the event has occurred. Examiner interprets that “type of data” can mean the transfer of data as computer executable instruction to perform the event); and determining, by the second network element based on the data type, that the data information is prohibited to be disclosed (¶0046 - Providing the condition and target can result in the fastest possible notification. For example, the responsible entity is directly notified by the entity detecting a condition being triggered. Examiner interprets that the triggering of the condition upon failure indicates to the second network element that the connection needs to be closed and not disclosed). Re. Claim 13, Jocha teaches Claim 9. Additionally, Jocha further teaches receiving, by the second network element, a data type and fault information from the first network element, wherein the data type indicates a type of data information corresponding to the check content, and the fault information indicates a severity of the fault of the second network (¶0118 - the request message further comprises a condition associated with indicating when an event occurs, and wherein the event notification indicates that the event has occurred. Examiner interprets that “type of data” can mean the transfer of data as computer executable instruction to perform the event); and determining, by the second network element based on the data type and the fault information, that the data information is not allowed to be disclosed (¶0046 - Providing the condition and target can result in the fastest possible notification. For example, the responsible entity is directly notified by the entity detecting a condition being triggered. Examiner interprets that the triggering of the condition upon failure indicates to the second network element that the connection needs to be closed and not disclosed). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jia et al. (CN 101388925 A) – Abstract, Pg. 3 Paragraph 4 – Pg. 6 Paragraph 5 Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH JAMES SUGDEN whose telephone number is (571)270-7406. The examiner can normally be reached Mon-Thurs 9:00-6:00 ET, Fri 9:00-1:00 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, Khaled Kassim can be reached at (571) 270-3770. 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. /N.J.S./Examiner, Art Unit 2475 /HASHIM S BHATTI/Primary Examiner, Art Unit 2475
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Prosecution Timeline

Jun 28, 2024
Application Filed
Jun 11, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+20.5%)
3y 0m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 23 resolved cases by this examiner. Grant probability derived from career allowance rate.

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