Prosecution Insights
Last updated: August 17, 2026
Application No. 18/772,253

COMMUNICATION METHOD AND SYSTEM

Non-Final OA §102§112
Filed
Jul 14, 2024
Priority
Jan 14, 2022 — CN 202210044890.0 +2 more
Examiner
NGUYEN, LIEM HONG
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
172 granted / 237 resolved
+12.6% vs TC avg
Strong +23% interview lift
Without
With
+23.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
19 currently pending
Career history
264
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 237 resolved cases

Office Action

§102 §112
DETAILED ACTION This communication is responsive to Application No. #18/772,253 filed on July 14, 2024. Claims 1-20 are subject to examination. 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 . Title Objection The title of the application is objected to under 37 CFR 1.153 because it does not designate the particular article, and as well as not corresponding to the claim inventions. The title of the instant application shall be technically more accurate and descriptive. An appropriate correction is required. Claim Objections Claim 19 is objected to because of the following informalities: Regarding claim 19, there is an extraneous semicolon (“;”) at the end of the claim. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claims 1, 12, and 13, the claims recite the limitation, “… sending … a paging message …”. It is unclear what network entity the paging message is being sent to. For purposes of examination, the Examiner has interpreted the limitation to read, “… sending, to a terminal, … a paging message …” (Emphasis added). Regarding claims 2-11, 13-18, and 20, claims 2-11 each depend on independent claim 1, claims 13-18 each depend on independent claim 12, and claim 20 depends on independent claim 19 and therefore, inherit the 35 U.S.C. 112(b) issues of the independent claims. 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 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)(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. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KIM; Seokjung et.al. (US Patent Application Publication, 20230217532, hereinafter, “Kim”). Regarding claim 1, Kim teaches: A communication method, wherein the method comprises (Kim: [0282] FIGS. 12 and 13 show an example of a procedure for supporting MT-SDT in CU-DU split considering SDT without anchor relocation to which the first implementation of the present disclosure is applied. Fig. 12): receiving, by a first network element, first information from a second network element, wherein the first information comprises information about downlink data (Kim: [0299] Step S1210: The CU-CP of the last serving NG-RAN [i.e., second network element] transmits a RAN paging message [i.e., information] to the CU-CP of the NG-RAN [i.e., first network element] located nearby to request paging for the corresponding UE ... Fig. 12), and the downlink data is from a core network device (Kim: [0289] Step S1202: DL data from the UPF [User Plane Function; i.e., core network device] for the bearer associated with the MT-SDT arrives at the CU-UP of the last serving NG-RAN. Fig. 12); and the first network element is a first CU-control plane (CU-CP) (Kim: Receiving NG-RAN CU-CP (Step S1210). Fig. 12), and the second network element is a first CU-user plane (CU-UP) (Kim: Last serving NG-RAN CU-UP (Step S1204). Fig. 12); and based at least on the downlink data meeting a downlink small data transmission condition (Kim: [0291] Step S1206: The CU-CP of the last serving NG-RAN determines whether to initiate MT-SDT for the UE by comparing the size of the DL data received in step S1204 with the SDT threshold for the UE … [0299] ... When it is decided to initiate MT-SDT for the corresponding UE in step S1206 described above, the RAN paging message may include the MT-SDT Indication. Through this, the CU-CP of the receiving NG-RAN may know that the corresponding UE supports MT-SDT ... Fig. 12), sending, by the first network element, a paging message, wherein the paging message indicates a terminal device to initiate a downlink small data transmission procedure (Kim: [0301] Step S1212: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1210, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE. [0302] Step S1213: The DU of the receiving NG-RAN delivers the paging message included in the F1 PAGING message to the UE. Fig. 12). Regarding claim 2, Kim discloses on the features with respect to claim 1 as outlined above. Kim further teaches: wherein the first network element is the first DU, and the first DU receives the first information from a first CU-CP of the first CU (Kim: [0301] Step S1212: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1210, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE. Fig. 12). Regarding claim 3, Kim discloses on the features with respect to claim 1 as outlined above. Kim further teaches: the first information comprises one or more of the following: a size of the downlink data; a comparison between the size of the downlink data and a first threshold (Kim: [0291] Step S1206: The CU-CP of the last serving NG-RAN determines whether to initiate MT-SDT for the UE by comparing the size of the DL data received in step S1204 with the SDT threshold for the UE ... Fig. 12); or capability information of a terminal device configured to receive the downlink data, wherein the capability information indicates whether the terminal device supports downlink small data transmission (Kim: [0299] ... When it is decided to initiate MT-SDT for the corresponding UE in step S1206 described above, the RAN paging message may include the MT-SDT Indication. Through this, the CU-CP of the receiving NG-RAN may know that the corresponding UE supports MT-SDT ... Fig. 12). Regarding claims 4 and 14, Kim discloses on the features with respect to claims 3 and 13 as outlined above. Kim further teaches: wherein the first information comprises the size of the downlink data, and the first information indicates that the terminal device supports downlink small data transmission (Kim: [0291] Step S1206: The CU-CP of the last serving NG-RAN determines whether to initiate MT-SDT for the UE by comparing the size of the DL data received in step S1204 with the SDT threshold for the UE … [0299] ... When it is decided to initiate MT-SDT for the corresponding UE in step S1206 described above, the RAN paging message may include the MT-SDT Indication. Through this, the CU-CP of the receiving NG-RAN may know that the corresponding UE supports MT-SDT ... Fig. 12). Regarding claims 5 and 15, Kim discloses on the features with respect to claims 3 and 13 as outlined above. Kim further teaches: wherein the first information does not comprise the capability information, and the method further comprises: receiving, by the first network element, the capability information (Kim: [0280] ... Alternatively, when the CU-CP notifies the DU that MT-SDT is supported for the UE, the DU may keep the related information (e.g., information about bearer related to RA-SDT, information about bearer related to CG-SDT, etc.) without releasing it.. Fig. 11). Regarding claims 6 and 16, Kim discloses on the features with respect to claims 1 and 13 as outlined above. Kim further teaches: wherein the method further comprises: based at least on the information about the downlink data indicating that the size of the downlink data is less than or equal to the first threshold, determining, by the first network element, that the downlink data meets the downlink small data transmission condition, wherein the information about the downlink data indicates a comparison between the size of the downlink data and the first threshold (Kim: [0343] Step S1504: When the CU-UP of the last serving NG-RAN receives the SDT threshold from the CU-CP of the last serving NG-RAN in step S1404 of FIG. 14, the CU-UP of the last serving NG-RAN compares the size of the DL data received from the UPF and the SDT threshold for the corresponding UE. [0344] Step S1506: The CU-UP of the last serving NG-RAN notifies the CU-CP of the last serving NG-RAN that DL data for the UE has arrived. Notifying that DL data for the corresponding UE has arrived may be notified through a DL data notification message. [0345] The CU-UP of the last serving NG-RAN may inform the CU-CP of the last serving NG-RAN of the comparison result of the size of the received DL data and the SDT threshold derived in step S1504 together. When the size of the received DL data is smaller than the SDT threshold, the CU-UP of the last serving NG-RAN may transmit an MT-SDT Required Indication to inform the CU-CP of the last serving NG-RAN that MT-SDT is required for the corresponding UE ... Fig. 15). Regarding claim 7, Kim discloses on the features with respect to claim 6 as outlined above. Kim further teaches: wherein the information about the downlink data comprises the size of the downlink data, and the determining, by the first network element, that the downlink data meets the downlink small data transmission condition further comprises: based at least on the size of the downlink data being less than or equal to the first threshold, and the terminal device supporting downlink small data transmission, determining, by the first network element, that the downlink data meets the downlink small data transmission condition (Kim: [0346] Step S1508: The CU-CP of the last serving NG-RAN determines whether to initiate MT-SDT for the UE based on the MT-SDT Required Indication received in step S1506. [0347] Step S1510: The CU-CP of the last serving NG-RAN initiates a paging procedure to deliver DL data to the UE. When the size of the received DL data is smaller than the SDT threshold, the CU-CP of the last serving NG-RAN may include an MT-SDT Indication together in a paging message to be sent to the UE to initiate MT-SDT. In addition, the MT-SDT Indication may be delivered together in the F1 paging message transmitted to the DU of the last serving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the last serving NG-RAN may know that MT-SDT has initiated for the UE. Fig. 15). Regarding claim 8, Kim discloses on the features with respect to claim 6 as outlined above. Kim further teaches: wherein the information about the downlink data indicates the comparison between the size of the downlink data and the first threshold, and the determining, by the first network element, that the downlink data meets the downlink small data transmission condition comprises: based at least on the information about the downlink data indicating that the size of the downlink data is less than or equal to the first threshold, and the terminal device supporting downlink small data transmission, determining, by the first network element, that the downlink data meets the downlink small data transmission condition (Kim: [0347] Step S1510: The CU-CP of the last serving NG-RAN initiates a paging procedure to deliver DL data to the UE. When the size of the received DL data is smaller than the SDT threshold, the CU-CP of the last serving NG-RAN may include an MT-SDT Indication together in a paging message to be sent to the UE to initiate MT-SDT … [0352] Step S1512: The CU-CP of the last serving NG-RAN transmits a RAN paging message to the CU-CP of the NG-RAN located nearby to request paging for the corresponding UE. When it is decided to initiate MT-SDT for the corresponding UE in step S1508 described above, the RAN paging message may include the MT-SDT Indication. Through this, the CU-CP of the receiving NG-RAN may know that the corresponding UE supports MT-SDT … [0354] Step S1514: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1512, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE ... Fig. 15). Regarding claim 9, Kim discloses on the features with respect to claim 1 as outlined above. Kim further teaches: wherein the paging message comprises downlink small data transmission indication information (Kim: [0294] Step S1208: The CU-CP of the last serving NG-RAN initiates a paging procedure to deliver DL data to the UE. When the size of the received DL data is smaller than the SDT threshold, the CU-CP of the last serving NG-RAN may include an MT-SDT Indication together in a paging message to be sent to the UE to initiate MT-SDT ... Fig. 12). Regarding claim 12, Kim teaches: A communication system, comprising a first network element and a second network element (Kim: [0282] FIGS. 12 and 13 show an example of a procedure for supporting MT-SDT in CU-DU split considering SDT without anchor relocation to which the first implementation of the present disclosure is applied … [0284] In FIGS. 12 and 13, it is assumed that the receiving NG-RAN and the last serving NG-RAN are separated into a CU-CP, a CU-UP, and a DU. However, this is only an example, and the first implementation of the present disclosure is applicable even when any one of the receiving NG-RAN and the last serving NG-RAN are not separated into CU-CP, CU-UP, and DU. Fig. 12), wherein the second network element is configured to send first information to the first network element, wherein the first information comprises information about downlink data from a core network device (Kim: [0299] Step S1210: The CU-CP of the last serving NG-RAN [i.e., second network element] transmits a RAN paging message [i.e., information] to the CU-CP of the NG-RAN [i.e., first network element] located nearby to request paging for the corresponding UE ... [0289] Step S1202: DL data from the UPF [User Plane Function; i.e., core network device] for the bearer associated with the MT-SDT arrives at the CU-UP of the last serving NG-RAN. Fig. 12); and the first network element is a first CU-control plane (CU-CP) (Kim: Receiving NG-RAN CU-CP (Step S1210). Fig. 12), and the second network element is a first CU-user plane (CU-UP) (Kim: Last serving NG-RAN CU-UP (Step S1204). Fig. 12); the first network element is configured to receive the first information from the second network element (Kim: [0299] Step S1210: The CU-CP of the last serving NG-RAN [i.e., second network element] transmits a RAN paging message [i.e., information] to the CU-CP of the NG-RAN [i.e., first network element] located nearby to request paging for the corresponding UE ... Fig. 12); and the first network element is further configured to send a paging message if the downlink data meets a downlink small data transmission condition, wherein the paging message indicates a terminal device to initiate a downlink small data transmission procedure (Kim: [0291] Step S1206: The CU-CP of the last serving NG-RAN determines whether to initiate MT-SDT for the UE by comparing the size of the DL data received in step S1204 with the SDT threshold for the UE … [0299] ... When it is decided to initiate MT-SDT for the corresponding UE in step S1206 described above, the RAN paging message may include the MT-SDT Indication. Through this, the CU-CP of the receiving NG-RAN may know that the corresponding UE supports MT-SDT ... [0301] Step S1212: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1210, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE. [0302] Step S1213: The DU of the receiving NG-RAN delivers the paging message included in the F1 PAGING message to the UE. Fig. 12). Regarding claims 10 and 17, Kim discloses on the features with respect to claims 1 and 12 as outlined above. Kim further teaches: wherein the method further comprises: sending, by the first network element, second information to a third network element, wherein the second information indicates that the third network element needs to reply, to the first network element, with a response to the paging message, and the third network element receives the paging message (Kim: [0301] Step S1212: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1210, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE. [0302] Step S1213: The DU of the receiving NG-RAN delivers the paging message included in the F1 PAGING message [i.e., second information] to the UE [i.e., third network element]. Fig. 12); and receiving, by the first network element, third information from the third network element, wherein the third information indicates to initiate the downlink small data transmission procedure, and the third information is the response to the paging message (Kim: [0304] If the UE stays under the last serving NG-RAN, the UE may perform the RACH procedure of step S1214 in response to step S1209 … [0305] Step S1216: The UE generates an RRC resume request message and transmits it to the DU of the receiving NG-RAN. The RRC resume request message may include an I-RNTI, an RRC resume cause, and/or an authentication token, etc. The resume cause may indicate that it is for SDT in the RRC_INACTIVE state. The authentication token may include, for example, a resume MAC-I. The RRC resume request message may include SDT-related information (e.g., whether UL data is present, whether a response to DL data is present, etc.). Fig. 12). Regarding claims 11 and 18, Kim discloses on the features with respect to claims 1 and 12 as outlined above. Kim further teaches: wherein the first network element is the first CU-CP, and the method further comprises: sending, by the first network element, the first information to a second CU, wherein the first CU is an anchor network element of the terminal device, and the second CU is a network element on which the terminal device currently camps (Kim: [0299] Step S1210: The CU-CP of the last serving NG-RAN [i.e., first network element] transmits a RAN paging message to the CU-CP of the NG-RAN located nearby to request paging for the corresponding UE [i.e., second CU; network element on which the terminal device currently camps] ... Fig. 12). Regarding claim 13, Kim discloses on the features with respect to claim 12 as outlined above. Kim further teaches: , wherein the first network element is the first DU, the communication system further comprises a first CU-control plane (CU-CP) of the first CU, and the first CU-CP is configured to: receive fourth information from a first CU-UP, wherein the fourth information comprises the information about the downlink data; and send the first information to the first DU (Kim: [0301] Step S1212: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1210, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE. Fig. 12). Regarding claim 19, Kim teaches: A non-transitory computer-readable storage medium, wherein the computer-readable storage medium stores a computer program, and when the computer program runs on a first network element, the first network element is enabled to perform (Kim: [0284] In FIGS. 12 and 13, it is assumed that the receiving NG-RAN and the last serving NG-RAN are separated into a CU-CP, a CU-UP, and a DU. However, this is only an example, and the first implementation of the present disclosure is applicable even when any one of the receiving NG-RAN and the last serving NG-RAN are not separated into CU-CP, CU-UP, and DU … [0078] The memory 204 may be operably connectable to the processor 202. The memory 2 04 may store various types of information and/or instructions. The memory 204 may store a software code 205 which implements instructions that, when executed by the processor 202, perform the descriptions, functions, procedures, suggestions, methods and/or operational flowcharts disclosed in the present disclosure ... Figs. 2, 12): receiving first information from a second network element, wherein the first information comprises information about downlink data from a core network device (Kim: [0299] Step S1210: The CU-CP of the last serving NG-RAN [i.e., second network element] transmits a RAN paging message [i.e., information] to the CU-CP of the NG-RAN [i.e., first network element] located nearby to request paging for the corresponding UE ... : [0289] Step S1202: DL data from the UPF [User Plane Function; i.e., core network device] for the bearer associated with the MT-SDT arrives at the CU-UP of the last serving NG-RAN. Fig. 12); and and if the downlink data meets a downlink small data transmission condition (Kim: [0291] Step S1206: The CU-CP of the last serving NG-RAN determines whether to initiate MT-SDT for the UE by comparing the size of the DL data received in step S1204 with the SDT threshold for the UE … [0299] ... When it is decided to initiate MT-SDT for the corresponding UE in step S1206 described above, the RAN paging message may include the MT-SDT Indication. Through this, the CU-CP of the receiving NG-RAN may know that the corresponding UE supports MT-SDT ... Fig. 12), sending a paging message, wherein the paging message indicates a terminal device to initiate a downlink small data transmission procedure (Kim: [0301] Step S1212: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1210, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE. [0302] Step S1213: The DU of the receiving NG-RAN delivers the paging message included in the F1 PAGING message to the UE. Fig. 12). wherein: the first network element is a first CU-control plane (CU-CP) (Kim: Receiving NG-RAN CU-CP (Step S1210). Fig. 12), and the second network element is a first CU-user plane (CU-UP) (Kim: Last serving NG-RAN CU-UP (Step S1204). Fig. 12). Regarding claim 20, Kim discloses on the features with respect to claim 19 as outlined above. Kim further teaches: wherein the first network element is the first DU, when the computer program runs on the first DU, and the first DU is configured to receive the first information from a first CU-CP (Kim: [0301] Step S1212: The CU-CP of the receiving NG-RAN initiates a paging procedure. When the RAN paging message including the MT-SDT Indication is received in step S1210, the CU-CP of the receiving NG-RAN may include the MT-SDT Indication together in the F1 paging message transmitted to the DU of the receiving NG-RAN. Based on the MT-SDT Indication included in the F1 paging message, the DU of the receiving NG-RAN may know that MT-SDT has initiated for the UE.. Fig. 12). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIEM H NGUYEN whose telephone number is (408) 918-7636. The examiner can normally be reached on Monday-Friday, 8:30AM-5:00PM PT. 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, Noel Beharry can be reached on (571) 270-5630. 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. /LIEM H. NGUYEN/Primary Examiner, Art Unit 2416
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Prosecution Timeline

Jul 14, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §112 (current)

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1-2
Expected OA Rounds
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