Prosecution Insights
Last updated: August 17, 2026
Application No. 18/759,351

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Jun 28, 2024
Priority
Dec 29, 2021 — CN 202111644648.9 +1 more
Examiner
SAM, PHIRIN
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
923 granted / 1023 resolved
+30.2% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
13 currently pending
Career history
1038
Total Applications
across all art units

Statute-Specific Performance

§101
8.0%
-32.0% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1023 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 . 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 non-obviousness. Claims 1, 6, 10, 11, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. 2021/0400705 to Wu et al. (hereinafter Wu) in view of US Pub. 2023/0027812 to Wang et al. (hereinafter Wang), In regard amended claim 1, Wu teaches or discloses a communication method, comprising: obtaining, by a terminal device or a chip in a terminal device, first information (see paragraphs [0078], [0085], [0086], [0087], [0089], [0090], and [0096], a terminal device receives first indication information sent by a base station), wherein the first information is used to determine an access range corresponding to a first signal (see paragraph [0078], wherein the first indication information is used for the terminal device to determine a target channel access scheme corresponding to a target uplink resource, and the target uplink resource is used for transmitting a target uplink channel and/or a target uplink signal). Wu may not explicitly teach or disclose in response to determining that the terminal device is located in the access range after a first moment, sending, by the terminal device or the chip in the terminal device, a first random access preamble, wherein the first random access preamble is associated with the first signal. However, Wang teaches or discloses in response to determining that the terminal device is located in the access range after a first moment, sending, by the terminal device or the chip in the terminal device, a first random access preamble, wherein the first random access preamble is associated with the first signal (see paragraphs [0020], and [0034], in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify an apparatus for determining channel access scheme of Wu by including in response to determining that the terminal device is located in the access range after a first moment, sending, by the terminal device or the chip in the terminal device, a first random access preamble, wherein the first random access preamble is associated with the first signal suggested by Wang. This modification would provide, in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large and according to the embodiment, a length of a cyclic prefix of the random access preamble is reduced read in paragraph [0020]. In regard amended claim 6, Wu teaches or discloses a communication method, comprising: generating, by a network device or a chip in a network device, first information, wherein the first information is used to determine an access range corresponding to a first signal (see paragraphs [0009], [0078], [0085], and [0108], sending, by a base station, first indication information to a terminal device, wherein the first indication information is used for the terminal device to determine a target channel access scheme corresponding to a target uplink resource, and the target uplink resource is used for transmitting a target uplink channel and/or a target uplink signal. The UE determines the target channel access scheme according to the penultimate first indication information of the at least two pieces of first indication information); sending, by the network device, the first information (see paragraph [0155], a base station sends first indication information to a terminal device). Wu may not explicitly teach or disclose in response to determining that a terminal device is located in the access range after a first moment, receiving, by the network device or the chip in the network device, a first random access preamble, wherein the first random access preamble is associated with the first signal. However, Wang teaches or discloses in response to determining that a terminal device is located in the access range after a first moment, receiving, by the network device or the chip in the network device, a first random access preamble, wherein the first random access preamble is associated with the first signal (see paragraphs [0007], [0020], [0030], and [0034], in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify an apparatus for determining channel access scheme of Wu by including in response to determining that a terminal device is located in the access range after a first moment, receiving, by the network device or the chip in the network device, a first random access preamble, wherein the first random access preamble is associated with the first signal suggested by Wang. This modification would provide, in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large and according to the embodiment, a length of a cyclic prefix of the random access preamble is reduced read in paragraph [0020]. In regard amended claim 10 and claim 20, Wu may not explicitly teach or disclose the method according to claim 6, wherein the first random access preamble comprises a random access preamble corresponding to the first signal. However, Wang teaches or discloses wherein the first random access preamble comprises a random access preamble corresponding to the first signal (see paragraphs [0007], [0020], [0030], and [0034], a timing range in which a random access preamble sent by the terminal arrives at the network device is large). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify an apparatus for determining channel access scheme of Wu by including wherein the first random access preamble comprises a random access preamble corresponding to the first signal suggested by Wang. This modification would provide, in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large and according to the embodiment, a length of a cyclic prefix of the random access preamble is reduced read in paragraph [0020]. In regard amended claim 11, Wu teaches or discloses a communication apparatus, comprising at least one processor, and at least one memory coupled to the at least one processor (see Fig. 10), wherein the at least one memory stores programming instructions for execution by the at least one processor to cause the apparatus (see Fig. 10) to perform operations comprising: obtaining, by a terminal device or a chip in a terminal device, first information (see paragraphs [0078], [0085], [0086], [0087], [0089], [0090], and [0096], a terminal device receives first indication information sent by a base station), wherein the first information is used to determine an access range corresponding to a first signal (see paragraph [0078], wherein the first indication information is used for the terminal device to determine a target channel access scheme corresponding to a target uplink resource, and the target uplink resource is used for transmitting a target uplink channel and/or a target uplink signal). Wu may not explicitly teach or disclose in response to determining that the terminal device is located in the access range after a first moment, sending, by the terminal device or the chip in the terminal device, a first random access preamble, wherein the first random access preamble is associated with the first signal. However, Wang teaches or discloses in response to determining that the terminal device is located in the access range after a first moment, sending, by the terminal device or the chip in the terminal device, a first random access preamble, wherein the first random access preamble is associated with the first signal (see paragraphs [0020] and [0034], in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify an apparatus for determining channel access scheme of Wu by including in response to determining that the terminal device is located in the access range after a first moment, sending, by the terminal device or the chip in the terminal device, a first random access preamble, wherein the first random access preamble is associated with the first signal suggested by Wang. This modification would provide, in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large and according to the embodiment, a length of a cyclic prefix of the random access preamble is reduced read in paragraph [0020]. In regard amended claim 16, Wu teaches or discloses a communication apparatus, comprising at least one processor, and at least one memory coupled to the at least one processor (see Fig. 11), wherein the at least one memory stores programming instructions for execution by the at least one processor to cause the apparatus (see Fig. 11) to perform operations comprising: generating, by a network device or a chip in a network device, first information, wherein the first information is used to determine an access range corresponding to a first signal (see paragraphs [0009], [0078], [0085], and [0108], sending, by a base station, first indication information to a terminal device, wherein the first indication information is used for the terminal device to determine a target channel access scheme corresponding to a target uplink resource, and the target uplink resource is used for transmitting a target uplink channel and/or a target uplink signal. The UE determines the target channel access scheme according to the penultimate first indication information of the at least two pieces of first indication information); sending, by the network device or the chip in the network device, the first information (see paragraph [0155], a base station sends first indication information to a terminal device). Wu may not explicitly teach or disclose in response to determining that a terminal device is located in the access range after a first moment, receiving, by the network device or the chip in the network device, a first random access preamble, wherein the first random access preamble is associated with the first signal. However, Wang teaches or discloses in response to determining that a terminal device is located in the access range after a first moment, receiving, by the network device or the chip in the network device, a first random access preamble, wherein the first random access preamble is associated with the first signal (see paragraphs [0007], [0020], [0030], and [0034], in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify an apparatus for determining channel access scheme of Wu by including in response to determining that a terminal device is located in the access range after a first moment, receiving, by the network device or the chip in the network device, a first random access preamble, wherein the first random access preamble is associated with the first signal suggested by Wang. This modification would provide, in a random access scenario, a timing range in which a random access preamble sent by the terminal arrives at the network device is large and according to the embodiment, a length of a cyclic prefix of the random access preamble is reduced read in paragraph [0020]. Allowable Subject Matter Claims 2-5, 7-9, 12-15, and 17-19 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 PHIRIN SAM whose telephone number is (571)272-3082. The examiner can normally be reached Mon - Fri, 10:30am - 5pm. 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, Ayaz R. Sheikh can be reached at (571) 272 - 3795. 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. Date: 07/14/2026 /PHIRIN SAM/Primary Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Jun 28, 2024
Application Filed
Aug 19, 2024
Response after Non-Final Action
Jul 16, 2026
Non-Final Rejection mailed — §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

1-2
Expected OA Rounds
90%
Grant Probability
96%
With Interview (+6.1%)
2y 8m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1023 resolved cases by this examiner. Grant probability derived from career allowance rate.

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