Prosecution Insights
Last updated: October 01, 2026
Application No. 18/760,809

COMMUNICATION METHOD AND RELATED APPARATUS

Final Rejection §103
Filed
Jul 01, 2024
Priority
Dec 31, 2021 — CN 202111676043.8 +1 more
Examiner
GELIN, JEAN ALLAND
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1127 granted / 1273 resolved
+28.5% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
33 currently pending
Career history
1298
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1273 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 . This is in response to the Applicant’s arguments filed on July 22, 2026, in which claims 1-12 are currently pending. Claim Rejections - 35 USC § 103 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. Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over D1: R3-214966 in view of D2: R3-197287. Regarding claim 1, D1: R3-214966 teaches a communication method, applied in a distributed unit (DU) or a chip in a DU (a communication method, and discloses (see sections 8.13.9.1-2 and 9.2.2.10)), wherein the method comprises: receiving a positioning information request from a central unit, CU, wherein the positioning information request is used to request to configure a terminal device to send a sounding reference signal (SRS) and request configuration information of the SRS (i.e., a positioning information exchange procedure is initiated by a gNB-CU to indicate to a gNB-DU the need to configure a UE to send an SRS and to retrieve an SRS configuration from the gNB-DU); sending a user equipment (UE) context modification required to the CU (i.e., the gNB-CU initiates the procedure by sending a positioning information request message to the gNB-DU; if a requested SRS transmission characteristics IE is included in the positioning information request message, then the gNB-DU may take this information into account when configuring SRS transmissions for the UE, and the gNB-DU includes an SRS configuration IE and an SFN initialization time IE in a positioning information response message; an F1AP UE context modification required message is initiated by the gNB-DU); receiving a UE context modification confirm from the CU (an F1AP UE context modification required message is initiated by the gNB-DU); and sending a positioning information response to the CU, wherein the positioning information response comprises the configuration information of the SRS (i.e., an F1AP UE context modification required message is initiated by the gNB-DU; and the gNB-CU reports the successful update of a UE context in a UE context modification confirm message). D1: R3-214966 does not specifically teach wherein the UE context modification required comprises first information, and the first information is used to indicate that the UE context modification required is in response to the positioning information request. However, the preceding limitation is known in the art of communications. D2: R3-197287 teaches the possibility of signaling an SRS configuration for positioning from a gNB-CU in a UE context modification request procedure is added; and a gNB-DU may take this into account when configuring an SRS for a UE (page 1). The UE CONTEXT MODIFICATION REQUEST message is initiated by the gNB-CU. Upon reception of the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall perform the modifications, and if successful reports the update in the UE CONTEXT MODIFICATION RESPONSE message. If the SpCell ID IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall replace any previously received value and regard it as a reconfiguration with sync as defined in TS 38.331 [8]. If the ServCellIndex IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall take this into account for the indicated SpCell. If the SpCell UL Configured IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure UL for the indicated SpCell accordingly. If the servingCellMO IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure servingCellMO for the indicated SpCell accordingly (section 8.3.4.2-1). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention to have implemented the technique of D2: R3197287 within the system of D1: R3-214966 in order to allows the gNB-CU to dynamically update radio/sidelink resources, manage QoS, or trigger mobility at the gNB-DU. Regarding claim 2, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D2: R3-197287 further teaches wherein the UE context modification required comprises a cell group configuration information element, and the cell group configuration information element comprises the configuration information of the SRS (the gNB-DU shall take this into account for the indicated SpCell. If the SpCell UL Configured IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure UL for the indicated SpCell accordingly. If the servingCellMO IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure servingCellMO for the indicated SpCell accordingly (section 8.3.4.2-1)). Regarding claim 3, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D1: R3-214966 further teaches wherein the first information comprises a CU trigger, a CU requirement, a CU association, a positioning trigger, a positioning information trigger, a positioning information request trigger, or a CU positioning information request (i.e., The Positioning Information Exchange procedure is initiated by the gNB-CU to indicate to the gNB-DU the need to configure the UE to transmit SRS signals and to retrieve the SRS configuration from the gNB-DU. The procedure uses UE-associated signalling (8.13.9.2)). Regarding claim 4, D1: R3-214966 teaches a communication method, applied in a central unit (CU), or a chip in a CU (a communication method, and discloses (see sections 8.13.9.1-2 and 9.2.2.10)), wherein the method comprises: sending a positioning information request to a distributed unit, DU, wherein the positioning information request is used to request to configure a terminal device to send a sounding reference signal (SRS) and request configuration information of the SRS (i.e., a positioning information exchange procedure is initiated by a gNB-CU to indicate to a gNB-DU the need to configure a UE to send an SRS and to retrieve an SRS configuration from the gNB-DU); receiving a user equipment (UE) context modification required from the DU (i.e., the gNB-CU initiates the procedure by sending a positioning information request message to the gNB-DU; if a requested SRS transmission characteristics IE is included in the positioning information request message, then the gNB-DU may take this information into account when configuring SRS transmissions for the UE, and the gNB-DU includes an SRS configuration IE and an SFN initialization time IE in a positioning information response message; an F1AP UE context modification required message is initiated by the gNB-DU); sending a UE context modification confirm to the DU (an F1AP UE context modification required message is initiated by the gNB-DU); and receiving a positioning information response from the DU, wherein the positioning information response comprises the configuration information of the SRS (i.e., an F1AP UE context modification required message is initiated by the gNB-DU; and the gNB-CU reports the successful update of a UE context in a UE context modification confirm message). D1: R3-214966 does not specifically teach wherein the UE context modification required comprises first information, and the first information is used to indicate that the UE context modification required is in response to the positioning information request. However, the preceding limitation is known in the art of communications. D2: R3-197287 teaches the possibility of signaling an SRS configuration for positioning from a gNB-CU in a UE context modification request procedure is added; and a gNB-DU may take this into account when configuring an SRS for a UE (page 1). The UE CONTEXT MODIFICATION REQUEST message is initiated by the gNB-CU. Upon reception of the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall perform the modifications, and if successful reports the update in the UE CONTEXT MODIFICATION RESPONSE message. If the SpCell ID IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall replace any previously received value and regard it as a reconfiguration with sync as defined in TS 38.331 [8]. If the ServCellIndex IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall take this into account for the indicated SpCell. If the SpCell UL Configured IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure UL for the indicated SpCell accordingly. If the servingCellMO IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure servingCellMO for the indicated SpCell accordingly (section 8.3.4.2-1). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention to have implemented the technique of D2: R3197287 within the system of D1: R3-214966 in order to allows the gNB-CU to dynamically update radio/sidelink resources, manage QoS, or trigger mobility at the gNB-DU. Regarding claim 5, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D1: R3-214966 further teaches wherein the first information comprises a CU trigger, a CU requirement, a CU association, a positioning trigger, a positioning information trigger, a positioning information request trigger, or a CU positioning information request (i.e., The Positioning Information Exchange procedure is initiated by the gNB-CU to indicate to the gNB-DU the need to configure the UE to transmit SRS signals and to retrieve the SRS configuration from the gNB-DU. The procedure uses UE-associated signalling (8.13.9.2)). Regarding claim 6, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D1: R3-214966 further teaches wherein the first information comprises a CU trigger, a CU requirement, a CU association, a positioning trigger, a positioning information trigger, a positioning information request trigger, or a CU positioning information request (i.e., The Positioning Information Exchange procedure is initiated by the gNB-CU to indicate to the gNB-DU the need to configure the UE to transmit SRS signals and to retrieve the SRS configuration from the gNB-DU. The procedure uses UE-associated signalling (8.13.9.2)); and the method further comprises: sending the configuration information of the SRS to the terminal device (a positioning information exchange procedure is initiated by a gNB-CU to indicate to a gNB-DU the need to configure a UE to send an SRS and to retrieve an SRS configuration from the gNB-DU). Regarding claim 7, D1: R3-214966 teaches a communication apparatus comprising: at least one processor coupled to at least one memory storing (typical features of communication device) instructions and configured to execute the instructions (a communication method, and discloses (see sections 8.13.9.1-2 and 9.2.2.10)), to cause the apparatus to: receive a positioning information request from a central unit, CU, wherein the positioning information request is used to request to configure a terminal device to send a sounding reference signal (SRS) and request configuration information of the SRS (i.e., a positioning information exchange procedure is initiated by a gNB-CU to indicate to a gNB-DU the need to configure a UE to send an SRS and to retrieve an SRS configuration from the gNB-DU); sending a user equipment (UE) context modification required to the CU (i.e., the gNB-CU initiates the procedure by sending a positioning information request message to the gNB-DU; if a requested SRS transmission characteristics IE is included in the positioning information request message, then the gNB-DU may take this information into account when configuring SRS transmissions for the UE, and the gNB-DU includes an SRS configuration IE and an SFN initialization time IE in a positioning information response message; an F1AP UE context modification required message is initiated by the gNB-DU); receiving a UE context modification confirm from the CU (an F1AP UE context modification required message is initiated by the gNB-DU); and sending a positioning information response to the CU, wherein the positioning information response comprises the configuration information of the SRS (i.e., an F1AP UE context modification required message is initiated by the gNB-DU; and the gNB-CU reports the successful update of a UE context in a UE context modification confirm message). D1: R3-214966 does not specifically teach wherein the UE context modification required comprises first information, and the first information is used to indicate that the UE context modification required is in response to the positioning information request. However, the preceding limitation is known in the art of communications. D2: R3-197287 teaches the possibility of signaling an SRS configuration for positioning from a gNB-CU in a UE context modification request procedure is added; and a gNB-DU may take this into account when configuring an SRS for a UE (page 1). The UE CONTEXT MODIFICATION REQUEST message is initiated by the gNB-CU. Upon reception of the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall perform the modifications, and if successful reports the update in the UE CONTEXT MODIFICATION RESPONSE message. If the SpCell ID IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall replace any previously received value and regard it as a reconfiguration with sync as defined in TS 38.331 [8]. If the ServCellIndex IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall take this into account for the indicated SpCell. If the SpCell UL Configured IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure UL for the indicated SpCell accordingly. If the servingCellMO IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure servingCellMO for the indicated SpCell accordingly (section 8.3.4.2-1). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention to have implemented the technique of D2: R3197287 within the system of D1: R3-214966 in order to allows the gNB-CU to dynamically update radio/sidelink resources, manage QoS, or trigger mobility at the gNB-DU. Regarding claim 8, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D2: R3-197287 further teaches wherein the UE context modification required comprises a cell group configuration information element, and the cell group configuration information element comprises the configuration information of the SRS (the gNB-DU shall take this into account for the indicated SpCell. If the SpCell UL Configured IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure UL for the indicated SpCell accordingly. If the servingCellMO IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure servingCellMO for the indicated SpCell accordingly (section 8.3.4.2-1)). Regarding claim 9, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D1: R3-214966 further teaches wherein the first information comprises a CU trigger, a CU requirement, a CU association, a positioning trigger, a positioning information trigger, a positioning information request trigger, or a CU positioning information request (i.e., The Positioning Information Exchange procedure is initiated by the gNB-CU to indicate to the gNB-DU the need to configure the UE to transmit SRS signals and to retrieve the SRS configuration from the gNB-DU. The procedure uses UE-associated signalling (8.13.9.2)). Regarding claim 10, D1: R3-214966 teaches apparatus comprising: at least one processor coupled to at least one memory storing instructions and configured to execute the instructions (typical features of communication devices (see sections 8.13.9.1-2 and 9.2.2.10)), cause the apparatus to: send a positioning information request to a distributed unit, DU, wherein the positioning information request is used to request to configure a terminal device to send a sounding reference signal (SRS) and request configuration information of the SRS (i.e., a positioning information exchange procedure is initiated by a gNB-CU to indicate to a gNB-DU the need to configure a UE to send an SRS and to retrieve an SRS configuration from the gNB-DU); receive a user equipment (UE) context modification required from the DU (i.e., the gNB-CU initiates the procedure by sending a positioning information request message to the gNB-DU; if a requested SRS transmission characteristics IE is included in the positioning information request message, then the gNB-DU may take this information into account when configuring SRS transmissions for the UE, and the gNB-DU includes an SRS configuration IE and an SFN initialization time IE in a positioning information response message; an F1AP UE context modification required message is initiated by the gNB-DU); send a UE context modification confirm to the DU (an F1AP UE context modification required message is initiated by the gNB-DU); and receive a positioning information response from the DU, wherein the positioning information response comprises the configuration information of the SRS (i.e., an F1AP UE context modification required message is initiated by the gNB-DU; and the gNB-CU reports the successful update of a UE context in a UE context modification confirm message). D1: R3-214966 does not specifically teach wherein the UE context modification required comprises first information, and the first information is used to indicate that the UE context modification required is in response to the positioning information request. However, the preceding limitation is known in the art of communications. D2: R3-197287 teaches the possibility of signaling an SRS configuration for positioning from a gNB-CU in a UE context modification request procedure is added; and a gNB-DU may take this into account when configuring an SRS for a UE (page 1). The UE CONTEXT MODIFICATION REQUEST message is initiated by the gNB-CU. Upon reception of the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall perform the modifications, and if successful reports the update in the UE CONTEXT MODIFICATION RESPONSE message. If the SpCell ID IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall replace any previously received value and regard it as a reconfiguration with sync as defined in TS 38.331 [8]. If the ServCellIndex IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall take this into account for the indicated SpCell. If the SpCell UL Configured IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure UL for the indicated SpCell accordingly. If the servingCellMO IE is included in the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall configure servingCellMO for the indicated SpCell accordingly (section 8.3.4.2-1). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention to have implemented the technique of D2: R3197287 within the system of D1: R3-214966 in order to allows the gNB-CU to dynamically update radio/sidelink resources, manage QoS, or trigger mobility at the gNB-DU. Regarding claim 11, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D1: R3-214966 further teaches wherein the first information comprises a CU trigger, a CU requirement, a CU association, a positioning trigger, a positioning information trigger, a positioning information request trigger, or a CU positioning information request (i.e., The Positioning Information Exchange procedure is initiated by the gNB-CU to indicate to the gNB-DU the need to configure the UE to transmit SRS signals and to retrieve the SRS configuration from the gNB-DU. The procedure uses UE-associated signalling (8.13.9.2)). Regarding claim 12, D1: R3-214966 in view of D2: R3-197287 teaches all the limitations above. D1: R3-214966 further teaches wherein the first information comprises a CU trigger, a CU requirement, a CU association, a positioning trigger, a positioning information trigger, a positioning information request trigger, or a CU positioning information request (i.e., The Positioning Information Exchange procedure is initiated by the gNB-CU to indicate to the gNB-DU the need to configure the UE to transmit SRS signals and to retrieve the SRS configuration from the gNB-DU. The procedure uses UE-associated signalling (8.13.9.2)); and send the configuration information of the SRS to the terminal device (a positioning information exchange procedure is initiated by a gNB-CU to indicate to a gNB-DU the need to configure a UE to send an SRS and to retrieve an SRS configuration from the gNB-DU). Response to Arguments Applicant's arguments filed 07/22/2026 have been fully considered but they are not persuasive. As per claim 1, the Applicant argues that Examiner cites to D2, and in particular to page 1 and section 8.3.4.2-1 of D2 to allege that D2 teaches the emphasized limitations that D1 fails to disclose. This section of D2 discloses a UE context modification procedure initiated by the gNB-CU. However, this section of D1, and indeed the remainder of D1, fails to teach or suggest sending (by the DU) a user equipment (UE) context modification required to the CU, wherein the UE context modification required comprises first information, and the first information is used to indicate that the UE context modification required is in response to the positioning information request (from the CU). Rather, D2 discloses that a UE Context Modification Response message is sent by the gNB-DU in response to the UE Context Modification Request message initiated by the gNB-CU. In particular, nowhere does D2 teach or suggest that the Context Request could or should be sent with an indication that such message is in response to the positioning information request as is claimed. However, the Examiner maintains that the prior arts recited in the rejections above illustrate the association of positioning information request with UE context modification. More specifically, R2 teaches the possibility of signaling an SRS configuration for positioning from a gNB-CU in a UE context modification request procedure is added; and a gNB-DU may take this into account when configuring an SRS for a UE (page 1). The UE CONTEXT MODIFICATION REQUEST message is initiated by the gNB-CU. Upon reception of the UE CONTEXT MODIFICATION REQUEST message, the gNB-DU shall perform the modifications, and if successful reports the update in the UE CONTEXT MODIFICATION RESPONSE message (fig. 8.3.4.2-1) and (section 8.3.4.2-1). D2 further teaches the gNB-CU initiates a positioning information exchange procedure by sending a Positioning Information Request message. If the gNB-DU is able to provide the request information, it shall reply with the Positioning Information Response message (fig. 8.x.1.2-1). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention to have implemented the technique of D2: R3197287 within the system of D1: R3-214966 in order to allow the central base station unit (gNB-CU) to send precise location-tracking settings to the distributed base station unit during an active device update, which enables accurate 5G positioning, and allow the gNB-DU to use received positioning data to properly configure the physical radio signals for the mobile device (UE). As per claims 4, 7, and 10, the Applicant argues that the claims are allowable because they contain limitations that are similar to claim 1. However, the Examiner disagrees with the preceding arguments and maintains the rejections for the same reasons recited above. Conclusion THIS ACTION IS MADE FINAL. 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 JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 PM. 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, JINSONG HU can be reached at 571-272-3965. 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. /JEAN A GELIN/ Primary Examiner, Art Unit 2643
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Prosecution Timeline

Jul 01, 2024
Application Filed
Sep 17, 2024
Response after Non-Final Action
May 14, 2026
Non-Final Rejection mailed — §103
Jul 22, 2026
Response Filed
Sep 01, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+4.5%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1273 resolved cases by this examiner. Grant probability derived from career allowance rate.

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