Prosecution Insights
Last updated: August 17, 2026
Application No. 18/769,118

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §101§103
Filed
Jul 10, 2024
Priority
Jan 14, 2022 — CN 202210044848.9 +2 more
Examiner
ELMEJJARMI, ABDELILLAH
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
322 granted / 397 resolved
+21.1% vs TC avg
Strong +26% interview lift
Without
With
+26.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
19 currently pending
Career history
415
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
14.1%
-25.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 397 resolved cases

Office Action

§101 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statements (IDSs) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 18-20 are objected to because of the following informalities: claim 18 need to recite the steps of claims 1o and claims 19-20 need to recite the steps of claims 1. Appropriate correction is required. Allowable Subject Matter Claims 5, 7-8, 14, and 15 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. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it does not exclude transitory mediums and thus encompasses signals per se, which do not fit within one of the four statutory classes of subject matter. Regarding Claim 19, the claim recites “a computer-readable storage medium”. The claim fails to place the invention squarely within one statutory class of invention. The transitory media generally stores data/information in form of signals. As such, the claim is drawn to signal per se. Signal per se does not appear to be a process, machine, manufacture or composition of matter. The examiner respectfully suggests modifying the phrase “a computer-readable storage medium” to be “a non-transitory computer-readable storage medium” to overcome the rejection. Regarding Claim 20, the claim does not fall within at least one of the four categories of patent eligible subject matter because the claim recites "a computer program product". The claim is a program per se and does not state to be embodied in physical device conventional in the art hence the claim is ineligible and is rejected under 35 U.S.C. 101. 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 of this title, 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 1-3, 10-12, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Myung et al (US20230300881), in view of Chung et al (US20240195576). Regarding claim 1, the cited reference Myung discloses a method comprising: reporting channel state information (¶0217 discloses that an operation by which the UE reports information about a signal beamformed based on the beam measurement), comprising an identifier of at least one reference signal, and at least one of reference signal received power (RSRP) corresponding to each of the at least one reference signal or a signal to interference plus noise ratio (SINR) corresponding to each reference signal (¶0220 discloses that a beam report may include preferred DL RS ID(s) and reference signal received power(s) (RSRP(s)) corresponding to the preferred DL RS ID(s)). However, Myung does not explicitly teach starting to monitor a physical downlink control channel (PDCCH) in a first search space (SS) in response to the channel state information meets a preset condition, wherein a demodulation reference signal of the PDCCH in the first SS and a first reference signal meet a type D quasi- colocation (QCL) relationship, and the first reference signal is a reference signal with a highest RSRP or a reference signal with a highest SINR in the channel state information. In an analogous art Chung teaches starting to monitor a physical downlink control channel (PDCCH) in a first search space (SS) in response to the channel state information meets a preset condition, wherein a demodulation reference signal of the PDCCH in the first SS and a first reference signal meet a type D quasi- colocation (QCL) relationship, and the first reference signal is a reference signal with a highest RSRP or a reference signal with a highest SINR in the channel state information (¶0382-¶0384 discloses that the UE may receive a PDCCH from the BS based on the best beam in the CORESET. And a port (i.e., antenna port) of a demodulation reference signal (DMRS) of the PDCCH may be QCLed (quasi co-located) with the RS corresponding to the best beam. And the CORESET may be related to a UE-specific search space). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the method of Chung to minimize a signaling burden between a base station and a UE and at the same time improve beam update latency by changing/updating a reference RS of a TCI state configured to a CORESET to an RS corresponding to a best beam reported through beam management. Regarding claim 2, the combination of Myung and Chung discloses all limitations of claim 1. Myung further discloses wherein before reporting the channel state information, further comprising: receiving first configuration information comprising configuration information of a first control resource set (CORESET) and configuration information of the first SS, the configuration information of the first CORESET and the configuration information of the first SS comprise time-frequency location information of a candidate PDCCH, and the first SS is associated with the first CORESET; and the first CORESET is a first-type CORESET, and an SS associated with the first-type CORESET is an SS in which a terminal does not monitor the PDCCH by default (¶0378 and ¶0380 discloses that in group #0, search space sets #2 and #6 may be related to CORESET #0, and search space sets #4 and #8 may be related to CORESET #1… if the TCI state of a PDCCH received by the UE in search space set #2 is related to CORESET #0, the UE may monitor only search space sets #2 and #6 related to CORESET #0 in search space set group #0 where the PDCCH monitoring is configured during a COT duration. The UE may not monitor the remaining search space sets: search space sets #4 and #8 in search space set group #0). Regarding claim 3, the combination of Myung and Chung discloses all limitations of claim 1. Myung further discloses wherein before reporting the channel state information, further comprising: receiving second configuration information comprising configuration information of at least one second-type CORESET and configuration information of at least one second SS, the at least one second SS is associated with the at least one second-type CORESET, and a terminal needs to monitor the PDCCH in an SS associated with the second-type CORESET (¶0378 and ¶0380 discloses that in group #0, search space sets #2 and #6 may be related to CORESET #0, and search space sets #4 and #8 may be related to CORESET #1… if the TCI state of a PDCCH received by the UE in search space set #2 is related to CORESET #0, the UE may monitor only search space sets #2 and #6 related to CORESET #0 in search space set group #0 where the PDCCH monitoring is configured during a COT duration. The UE may not monitor the remaining search space sets: search space sets #4 and #8 in search space set group #0) and Chung further discloses configuration information of each second-type CORESET comprises transmission configuration indicator TCI state information indicating a source reference signal, and the source reference signal and a demodulation reference signal of the PDCCH in the second-type CORESET meet the type D QCL relationship (¶0328 discloses that the base station to configure/indicate a physical downlink control channel (PDCCH) Rx beam of the UE through the TCI state, a TCI state ID may be configured/updated to each control resource set (CORESET) configuration so as to indicate QCL reference information for PDCCH DMRS antenna port(s) (e.g. reference Signal of TCI state IE of Table 6). The QCL reference information (i.e., Type D information) of the TCI state ID configured/updated to each CORESET may correspond to the PDCCH Rx beam of the UE). Regarding claim 10, the claim is drawn to a method performing substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 11, the claim is drawn to a method performing substantially the same features of the method of claim 2. Therefore, the claim is subject to the same rejection as claim 2. Regarding claim 12, the claim is drawn to a method performing substantially the same features of the method of claim 3. Therefore, the claim is subject to the same rejection as claim 3. Regarding claim 17, the cited reference Myung discloses a communication apparatus, comprising: one or more processors and one or more memories, wherein the one or more memories are coupled to the one or more processors, the one or more memories are configured to store computer program code, the computer program code comprises computer instructions, (See Fig. 27) and when the one or more processors execute the computer instructions performing substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 18, the cited reference Myung discloses a communication apparatus, comprising: one or more processors and one or more memories, wherein the one or more memories are coupled to the one or more processors, the one or more memories are configured to store computer program code, the computer program code comprises computer instructions, (See Fig. 27) and when the one or more processors execute the computer instructions performing substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 19, the cited reference Myung discloses a computer-readable storage medium, comprising a computer program or instructions, wherein when the computer program is or the instructions are run on a communication apparatus (¶0017), the communication apparatus is enabled to perform substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 20, the cited reference Myung discloses a computer program product, wherein the computer program product comprises a computer program or instructions, and when the computer program is the instructions are run on a computer (¶0017), the computer is enabled to perform substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Claims 1, 10, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Myung et al (US20230300881), in view of CAN (CN113677028). Regarding claim 1, the cited reference Myung discloses a method comprising: reporting channel state information (¶0217 discloses that an operation by which the UE reports information about a signal beamformed based on the beam measurement), comprising an identifier of at least one reference signal, and at least one of reference signal received power (RSRP) corresponding to each of the at least one reference signal or a signal to interference plus noise ratio (SINR) corresponding to each reference signal (¶0220 discloses that a beam report may include preferred DL RS ID(s) and reference signal received power(s) (RSRP(s)) corresponding to the preferred DL RS ID(s)). However, Myung does not explicitly teach starting to monitor a physical downlink control channel (PDCCH) in a first search space (SS) in response to the channel state information meets a preset condition, wherein a demodulation reference signal of the PDCCH in the first SS and a first reference signal meet a type D quasi- colocation (QCL) relationship, and the first reference signal is a reference signal with a highest RSRP or a reference signal with a highest SINR in the channel state information. In an analogous art CAN teaches starting to monitor a physical downlink control channel (PDCCH) in a first search space (SS) in response to the channel state information meets a preset condition, wherein a demodulation reference signal of the PDCCH in the first SS and a first reference signal meet a type D quasi- colocation (QCL) relationship, and the first reference signal is a reference signal with a highest RSRP or a reference signal with a highest SINR in the channel state information (Page 1 discloses that the PDCCH monitoring module is configured to monitor the physical downlink control channel PDCCH based on the target SSB, wherein the demodulation reference signal DMRS of the PDCCH and the target SSB have a quasi co-located QCL relationship where page 11 discloses that the configured search space of the PDCCH is a search space other than Search SpaceZero, the PDCCH is monitored according to the configured monitoring period). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the method of CAN to improves the accuracy of PDCCH reception. Regarding claim 10, the claim is drawn to a method performing substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 17, the cited reference Myung discloses a communication apparatus, comprising: one or more processors and one or more memories, wherein the one or more memories are coupled to the one or more processors, the one or more memories are configured to store computer program code, the computer program code comprises computer instructions, (See Fig. 27) and when the one or more processors execute the computer instructions performing substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 18, the cited reference Myung discloses a communication apparatus, comprising: one or more processors and one or more memories, wherein the one or more memories are coupled to the one or more processors, the one or more memories are configured to store computer program code, the computer program code comprises computer instructions, (See Fig. 27) and when the one or more processors execute the computer instructions performing substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 19, the cited reference Myung discloses a computer-readable storage medium, comprising a computer program or instructions, wherein when the computer program is or the instructions are run on a communication apparatus (¶0017), the communication apparatus is enabled to perform substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Regarding claim 20, the cited reference Myung discloses a computer program product, wherein the computer program product comprises a computer program or instructions, and when the computer program is the instructions are run on a computer (¶0017), the computer is enabled to perform substantially the same features of the method of claim 1. Therefore, the claim is subject to the same rejection as claim 1. Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Myung et al (US20230300881), in view of Svedman (US20240014880). Regarding claim 4, the combination of Myung and Chung discloses all limitations of claim 3. However, the combination does not explicitly teach wherein the preset condition comprises: the first reference signal and a second reference signal are different; or the first reference signal and a second reference signal do not meet the type D QCL relationship, wherein the second reference signal is a source reference signal indicated by TCI state information comprised in configuration information of one of the at least one second-type CORESET. In an analogous art Svedman teaches wherein the preset condition comprises: the first reference signal and a second reference signal are different; or the first reference signal and a second reference signal do not meet the type D QCL relationship, wherein the second reference signal is a source reference signal indicated by TCI state information comprised in configuration information of one of the at least one second-type CORESET (¶0324 discloses receiving an indication of a transmission configuration indicator (TCI) state for the CORESET comprising one or more RS and one or more corresponding QCL types… using an RS from the TCI state as a first source RS with the corresponding QCL type for the associated CSI-RS; and using the associated CSI-RS as a second source RS with the associated QCL type for the PDCCH DMRS. The “first source RS” of element are in general different from “second source RS”). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the method of Svedman to avoid that the UE measures RSs corresponding to all the TCI in all the control resource sets, thereby reducing a power consumption of the UE and improving an accuracy of beam detection performed by the UE. Regarding claim 13, the claim is drawn to a method performing substantially the same features of the method of claim 4. Therefore, the claim is subject to the same rejection as claim 4. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Myung et al (US20230300881), in view of Seo et al (US20190335425). Regarding claim 6, the combination of Myung and Chung discloses all limitations of claim 3. However, the combination does not explicitly teach wherein the first SS is a first user-specific search space (USS}, the at least one second SS comprises at least one second USS, and the method further comprising: when the PDCCH needs to be monitored in the first USS and some or all of the at least one second USS in a target time unit, monitoring the PDCCH preferentially in the first USS based on a monitoring capability of a terminal. In an analogous art Seo teaches wherein the first SS is a first user-specific search space (USS}, the at least one second SS comprises at least one second USS, and the method further comprising: when the PDCCH needs to be monitored in the first USS and some or all of the at least one second USS in a target time unit, monitoring the PDCCH preferentially in the first USS based on a monitoring capability of a terminal (¶0115 discloses that the user equipment may attempt to detect the PDCCH in the search space set(s) related to the USS based on the residual number of blind-decodings by which the UE can perform and the residual channel estimation capability of the UE). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the method of Seo where flexibility of allocating a blind detection resource of a PDCCH candidate can be improved. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Myung et al (US20230300881), in view of Nam et al (US20220338035). Regarding claim 6, the combination of Myung and Chung discloses all limitations of claim 3. However, the combination does not explicitly teach wherein the first SS is a first user-specific search space (USS}, the at least one second SS comprises at least one second USS, and the method further comprising: when the PDCCH needs to be monitored in the first USS and some or all of the at least one second USS in a target time unit, monitoring the PDCCH preferentially in the first USS based on a monitoring capability of a terminal. In an analogous art Nam teaches wherein the first SS is a first user-specific search space (USS}, the at least one second SS comprises at least one second USS, and the method further comprising: when the PDCCH needs to be monitored in the first USS and some or all of the at least one second USS in a target time unit, monitoring the PDCCH preferentially in the first USS based on a monitoring capability of a terminal (¶0006 discloses that the apparatus may transmit, to a base station, an indication of a UE capability for PDCCH monitoring. The apparatus may configure, based on the UE capability for PDCCH monitoring, first monitoring occasions (MOs) of a UE-specific search space (USS) set to align with second MOs of a common search space (CSS) set. The apparatus may monitor, based on the configuration, for a plurality of PDCCHs during PDCCH MOs). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the method of Nam where the slots during which the UE may need to monitor for the PDCCH may be reduced, and power may be saved as a result. Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Myung et al (US20230300881), in view of Zhou et al (US20230019256). Regarding claim 9, the combination of Myung and Chung discloses all limitations of claim 3. However, the combination does not explicitly teach wherein after monitoring the PDCCH in the first SS, the method further comprising: after receiving TCI state information that is comprised in configuration information of a target CORESET reconfigured by a network device, stopping monitoring the PDCCH in the first SS, wherein the target CORESET belongs to the at least one second-type CORESET; or after receiving target indication information from the network device, stopping monitoring the PDCCH in the first SS, wherein the target indication information indicates the terminal to stop monitoring the PDCCH in the first SS. In an analogous art Zhou teaches wherein after monitoring the PDCCH in the first SS, the method further comprising: after receiving TCI state information that is comprised in configuration information of a target CORESET reconfigured by a network device, stopping monitoring the PDCCH in the first SS, wherein the target CORESET belongs to the at least one second-type CORESET; or after receiving target indication information from the network device, stopping monitoring the PDCCH in the first SS, wherein the target indication information indicates the terminal to stop monitoring the PDCCH in the first SS (¶0353 discloses that in response to receiving the second TCI state indication, the wireless device may stop monitoring the first PDCCH on at least one of the one or more control resource sets and/or at least one of the one or more search spaces). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the method of Zhou where flexibility of allocating a blind detection resource of a PDCCH candidate can be improved and reduced. Regarding claim 16, the claim is drawn to a method performing substantially the same features of the method of claim 9. Therefore, the claim is subject to the same rejection as claim 9. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELILLAH ELMEJJARMI whose telephone number is (571)270-1656. The examiner can normally be reached on Mon-Fri: 8AM-5PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached on (571)272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Respectfully submitted, /ABDELILLAH ELMEJJARMI/ Primary Examiner, Art Unit 2462
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Prosecution Timeline

Jul 10, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §101, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+26.3%)
2y 9m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 397 resolved cases by this examiner. Grant probability derived from career allowance rate.

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