Prosecution Insights
Last updated: October 25, 2026
Application No. 18/775,371

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Final Rejection §103
Filed
Jul 17, 2024
Priority
Jan 20, 2022 — CN 202210068547.X +1 more
Examiner
WEISSBERGER, LUNA T
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
176 granted / 234 resolved
+17.2% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
27 currently pending
Career history
278
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
71.8%
+31.8% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
10.4%
-29.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 234 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 . The Examiner thanks the Applicant for the well-prepared amendment. The Examiner appreciates the Applicant’s effort to carefully analyze the Office action and make appropriate arguments and amendments. Status of Claims Claims 1-20 responded on August 18, 2026 are pending, claims 1, 2, 5, 12, and 17 are amended. Response to Arguments Applicant’s arguments with respect to claim(s) claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s arguments, see pg.7, filed August 18, 2026, with respect to claims 2 and 5 have been fully considered and are persuasive. The objection of has been withdrawn. 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. Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell (US 2017 /0013398 A1, hereinafter "Farrell") in view of Ayoub (US 2020/0107264 A1, hereinafter "Ayoub") and Ge et al. (WO 2020/147681 A1, English translation US 2021/344410 A1, hereinafter "Ge"). Regarding claim 1, Farrell discloses a communication method, wherein the method comprises: sending, by a tag management function network element, a first instruction to an access network device (Farrell, [0060] hub 106 (i.e. tag management function network element) may request information (e.g., a data packet containing one or more beacon identifiers and/or asset tag identifier) from the surrounding asset tags); and receiving, by the tag management function network element, a result of the first operation (Farrell, [0060-61] asset tag device 105A may communicate the information to the hub 106 using a response broadcast…hub 106 may receive, filter, analyze, modify, and/or transmit data to and from multiple devices using wireless and/or wired communication and/or a combination), wherein the result of the first operation comprises an identifier of the first terminal (Farrell, [0022, 0063] The beacon device 102 may be programmed to transmit a beacon signal containing data to identify the beacon device to other devices, such as to the asset tag device 105A or to the asset tag manager 105B running on a host machine of the asset 104; hub 106 may receive data from multiple source devices, filter and modify the data, and send the modified data through a cellular network and/or wired network (e.g., local area network (LAN))). Farrell does not explicitly disclose wherein the first instruction comprises information about a target terminal, the target terminal comprises a first terminal, and the first instruction instructs the access network device to perform a first operation on the target terminal. Ayoub from the same field of endeavor discloses wherein the first instruction comprises information about a target terminal, the target terminal comprises a first terminal, and the first instruction instructs the access network device to perform a first operation on the target terminal (Ayoub, [0041, 0026] the remote server sends the tag an instruction message via the cellular network in operation 310, instructing the tag to use the available short-range communication network; the message includes credentials for accessing the short-range communication network; a plurality of inventory tracking tags 104). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified request disclosed by Farrell and instruction disclosed by Ayoub with a motivation to make this modification in order to provide an inventory tracking tag (Ayoub, [0014]). Farrell in view of Ayoub does not explicitly disclose a tag management function network element in a core network and an access network device in a radio access network. Ge from the same field of endeavor discloses sending, by a tag management function network element in a core network, a first instruction to an access network device in a radio access network (Ge, [0200, 0284] A 5G core network (5G core/new generation core, 5GC/NGC) includes a plurality of functional units such as an access and mobility management function (AMF) network element, a session management function (SMF) network element, a user plane function (UPF) network element, an authentication server function (AUSF) network element, a policy control function (PCF) network element, an application function (AF) network element; An AMF network element (i.e. tag management function) sends an identification indication message to the gNB), and receiving, by the tag management function network element in the core network, a result of the first operation from the access network device in the radio access network (Ge, [0199, 0209] An (R)AN device in the 5G system may include a plurality of 5G-(R)AN nodes, and the 5G-(R)AN node may include an access point (AP) in a non-3GPP access network such as a Wi-Fi network; The gNB sends a report message to the AMF network element). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Ge’s system for sending and receiving information with RAN node into Farrell’s asset tag process as modified by Ayoub with a motivation to make this modification in order to save network resources and improve accuracy of obtaining the type of the terminal device (Ge, [0245]). Regarding claim 2, Farrell discloses wherein before the sending, by the tag management function network element, the first instruction to the access network device, the method further comprises: receiving, by the tag management function network element, a first request, wherein the first request comprises first information (Farrell, [0040] The inventory tracking tag sends location data via the cellular network to the remote server); determining, by the tag management function network element, the first operation based on the first request (Farrell, [0040] The remote server evaluates whether there is an available short-range system having a coverage area that corresponds to the location of the tag); and determining, by the tag management function network element, the access network device based on the first information (Farrell, [0040] The remote server evaluates whether there is an available short-range system having a coverage area) . Regarding claim 3, Farrell does not explicitly disclose wherein the first information comprises at least one of the information about the target terminal or first area information. Ayoub from the same field of endeavor discloses wherein the first information comprises at least one of the information about the target terminal or first area information (Ayoub, [0040] a coverage area that corresponds to the location of the tag in operation 304). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified request disclosed by Farrell and instruction disclosed by Ayoub with a motivation to make this modification in order to provide an inventory tracking tag (Ayoub, [0014]). Regarding claim 4, Farrell discloses wherein the first area information comprises at least one of the following: an area identifier, a tracking area identifier, a tracking area list, an identifier of an access and mobility management function network element, an identifier of the access network device, or a cell identity (Farrell, [0021] The beacon devices 102 may be associated with fixed locations and may provide a location identifier (ID) for asset tag device 105A (or 105B) ). Regarding claim 5, Farrell does not explicitly disclose wherein the method further comprises: determining, by the tag management function network element, an access and mobility management function network element corresponding to the access network device; and wherein the sending, by the tag management function network element, the first instruction to the access network device comprises: sending, by the tag management function network element, the first instruction to the access network device through the access and mobility management function network element corresponding to the access network device. Ayoub from the same field of endeavor discloses wherein the method further comprises: determining, by the tag management function network element, an access and mobility management function network element corresponding to the access network device (Ayoub, [0041] the remote server determines that a suitable short-range communication network has a coverage area in which the tag is located based on the most-recently reported location data from the inventory tracking tag); and wherein the sending, by a tag management function network element, a first instruction to an access network device comprises: sending, by the tag management function network element, the first instruction to the access network device through the access and mobility management function network element corresponding to the access network device (Ayoub, [0041] the remote server sends the tag an instruction message via the cellular network in operation 310, instructing the tag to use the available short-range communication network. In some cases, the message includes credentials for accessing the short-range communication network). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified request disclosed by Farrell and instruction disclosed by Ayoub with a motivation to make this modification in order to provide an inventory tracking tag (Ayoub, [0014]). Regarding claim 6, Farrell discloses wherein the first request further comprises an association identifier, and the method further comprises: sending, by the tag management function network element, the association identifier to the access network device (Farrell, [0049] the remote server sends the tag an instruction message to use the short-range communication network); and wherein the result of the first operation further comprises the association identifier (Farrell, [0049] The instruction message is sent over the cellular network and may include identifying information and credentials for the short-range communication network). Regarding claim 7, Farrell discloses wherein the first instruction further comprises first indication information, and the first indication information indicates the access network device to wait for a second instruction of the tag management function network element after completing the first operation on the first terminal (Farrell, [0089] the data packet to locate another beacon identifier (e.g., second) associated with another beacon device (e.g., second beacon device)). Regarding claim 8, Farrell does not explicitly disclose sending, by the tag management function network element, the second instruction to the access network device, wherein the second instruction instructs the access network device to perform the first operation on the target terminal. Ayoub from the same field of endeavor discloses sending, by the tag management function network element, the second instruction to the access network device, wherein the second instruction instructs the access network device to perform the first operation on the target terminal (Ayoub, [0038] If the remote server 102 sends new (or repeated) information regarding an available short-range communication network, then the controller 208 stores that information in memory for use at the next reporting interval). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified request disclosed by Farrell and instruction disclosed by Ayoub with a motivation to make this modification in order to provide an inventory tracking tag (Ayoub, [0014]). Regarding claim 9, Farrell does not explicitly disclose determining, by the tag management function network element, a third operation; after receiving the result of the first operation performed on a first tag, sending, by the tag management function network element, the third operation to the first terminal through the access network device; and receiving, by the tag management function network element, a result of the third operation. Ayoub from the same field of endeavor discloses determining, by the tag management function network element, a third operation (Ayoub, [0012] transmitting the location data to a remote server over a cellular data connection using the cellular communication subsystem); after receiving the result of the first operation performed on a first tag, sending, by the tag management function network element, the third operation to the first terminal through the access network device (Ayoub, [0012] receiving an instruction message over the cellular data connection from the remote server); and receiving, by the tag management function network element, a result of the third operation (Ayoub, [0043] The inventory tracking tag then uses the short-range communication network for reporting location data). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified request disclosed by Farrell and instruction disclosed by Ayoub with a motivation to make this modification in order to provide an inventory tracking tag (Ayoub, [0014]). Regarding claim 10, Farrell discloses wherein the target terminal further comprises a second terminal (Farrell, [0044] Area 110 includes beacon device 102 and beacon device 103), and wherein the first instruction further comprises second indication information, and the second indication information indicates the access network device to perform the first operation on the second terminal after completing the first operation on the first terminal (Farrell, [0059] asset tag device 105A can be coupled to asset 104. The asset tag device 105A may communicate with at least the beacon devices 102 and/or 103, hub 106, sever 108, repeaters (not shown), and/or asset 104. In one example, the asset tag device 105A may be coupled to an individua). Claim(s) 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ayoub (US 2020/0107264 A1, hereinafter "Ayoub") in view of Farrell (US 2017 /0013398 A1, hereinafter "Farrell") and Ge et al. (WO 2020/147681 A1, English translation US 2021/344410 A1, hereinafter "Ge"). Regarding claim 12, Ayoub discloses a communication method, wherein the method comprises: receiving, by an access network device, a first instruction from a tag management function network element, wherein the first instruction comprises information about a target terminal, and the target terminal comprises a first terminal (Ayoub, [0041, 0026] the remote server sends the tag an instruction message via the cellular network in operation 310, instructing the tag to use the available short-range communication network; the message includes credentials for accessing the short-range communication network; a plurality of inventory tracking tags 104); performing, by the access network device a first operation based on the first instruction (Ayoub, [0041] instructing the tag to use the available short-range communication network); and sending, by the access network device, a result of the first operation to the tag management function network element (Ayoub, [0040] The inventory tracking tag sends location data via the cellular network to the remote server). Ayoub does not explicitly disclose wherein the result of the first operation comprises an identifier of the first terminal. Farrell from the same field of endeavor discloses sending, by the access network device, a result of the first operation to the tag management function network element, wherein the result of the first operation comprises an identifier of the first terminal (Farrell, [0022, 0063] The beacon device 102 may be programmed to transmit a beacon signal containing data to identify the beacon device to other devices, such as to the asset tag device 105A or to the asset tag manager 105B running on a host machine of the asset 104; hub 106 may receive data from multiple source devices, filter and modify the data, and send the modified data through a cellular network and/or wired network (e.g., local area network (LAN))). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified result disclosed by Ayoub and instruction disclosed by Farrell with a motivation to make this modification in order to improve the accuracy of location determinations of assets (Farrell, [0046]). Ayoub in view of Farrell does not explicitly disclose a tag management function network element in a core network and an access network device in a radio access network. Ge from the same field of endeavor discloses receiving, by an access network device in a radio access network, a first instruction from a tag management function network element in a core network (Ge, [0200, 0284] A 5G core network (5G core/new generation core, 5GC/NGC) includes a plurality of functional units such as an access and mobility management function (AMF) network element, a session management function (SMF) network element, a user plane function (UPF) network element, an authentication server function (AUSF) network element, a policy control function (PCF) network element, an application function (AF) network element; An AMF network element (i.e. tag management function) sends an identification indication message to the gNB), and sending, by the access network device in the radio access network, a result of the first operation to the tag management function network element in the core network (Ge, [0199, 0209] An (R)AN device in the 5G system may include a plurality of 5G-(R)AN nodes, and the 5G-(R)AN node may include an access point (AP) in a non-3GPP access network such as a Wi-Fi network; The gNB sends a report message to the AMF network element). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Ge’s system for sending and receiving information with RAN node into Ayoub’s inventory tracking process as modified by Farrell with a motivation to make this modification in order to save network resources and improve accuracy of obtaining the type of the terminal device (Ge, [0245]). Regarding claim 13, Ayoub discloses wherein the first instruction further comprises first indication information, and after the performing, by the access network device, a first operation on the first terminal, the method further comprises: waiting, by the access network device, for a second instruction of the tag management function network element based on the first indication information (Ayoub, [0041] it waits to be told by the remote server whether it should attempt to use a local short-range communication network). Regarding claim 14, Ayoub discloses wherein the target terminal comprises a second terminal (Ayoub, [0026] and a plurality of inventory tracking tags 104), and the method further comprises: receiving, by the access network device, the second instruction from the tag management function network element; and performing, by the access network device, the first operation on the second terminal based on the second instruction (Ayoub, [0038] If the remote server 102 sends new ( or repeated) information regarding an available short-range communication network, then the controller 208 stores that information in memory for use at the next reporting interval). Regarding claim 15, Ayoub discloses wherein the first instruction further comprises second indication information, and the target terminal further comprises a second terminal, and after the performing, by the access network device, a first operation on the first terminal (Ayoub, [0026] and a plurality of inventory tracking tags 104), and the method further comprises: performing the first operation on the second terminal based on the second indication information (Ayoub, [0038] If the remote server 102 sends new ( or repeated) information regarding an available short-range communication network, then the controller 208 stores that information in memory for use at the next reporting interval). Regarding claim 16, Ayoub does not explicitly disclose wherein the result of the first operation comprises an identifier of the second terminal. Farrell from the same field of endeavor discloses wherein the result of the first operation comprises an identifier of the second terminal (Farrell, [0051] wireless broadcasts (e.g., wireless broadcasts 122 and/or 123) from beacon devices 102 and 103 located at fixed locations. The wireless broadcast 122 or 123 may include data, such as identifiers, in a data packet). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified result disclosed by Ayoub and instruction disclosed by Farrell with a motivation to make this modification in order to improve the accuracy of location determinations of assets (Farrell, [0046]). Regarding claims 17-20, these claims recite "a communication apparatus" that disclose similar steps as recited by the method of claims 12-15, thus are rejected with the same rationale applied against claims 12-15 as presented above. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell (US 2017/0013398 A1, hereinafter "Farrell") in view of Ayoub (US 2020/0107264 A1, hereinafter "Ayoub") and Ge et al. (WO 2020/147681 A1, English translation US 2021/344410 A1, hereinafter "Ge") as applied to claim above, and further in view of Xia (US 201 9/0037378 A1, hereinafter "Xia"). Regarding claim 11, Farrell discloses receiving, by the tag management function network element, third indication information from the access network device (Farrell, [0063] hub 106 may receive data from multiple source devices, filter and modify the data, and send the modified data through a cellular network and/or wired network (e.g., local area network (LAN))) but Farrell in view of Ayoub does not explicitly disclose learning, by the tag management function network element based on the third indication information, that the first operation performed by the access network device on the target terminal is completed. Xia from the same field of endeavor discloses learning, by the tag management function network element based on the third indication information, that the first operation performed by the access network device on the target terminal is completed (Xia, [0192] When receiving a registration message carrying an access identifier, the IoT cloud platform may learn, based on the access identifier carried in the registration message, of an MAPP (an MAPP corresponding to the access identifier carried in the registration message) to which an IoT gateway sending the registration message needs to be bound, and then bind, to the MAPP corresponding to the access identifier carried in the registration message, the IoT gateway sending the registration message, to complete access of the IoT gateway). It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Xia’s system for operation into Farrell’s tag as modified by Ayoub with a motivation to make this modification in order to improve compatibility of the IoT gateway and processing performance of an IoT cloud platform (Xia, [0008]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LUNA WEISSBERGER whose telephone number is (571)272-3315. The examiner can normally be reached Monday-Friday 8:00am-5:30pm. 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, Jeffrey Rutkowski can be reached at (571)270-1215. 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. /LUNA WEISSBERGER/Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Jul 17, 2024
Application Filed
Aug 21, 2024
Response after Non-Final Action
Jun 05, 2026
Non-Final Rejection mailed — §103
Aug 18, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12771507
PUSCH INDICATION METHOD AND APPARATUS, AND PUSCH SENDING METHOD AND APPARATUS
3y 6m to grant Granted Oct 20, 2026
Patent 12771515
METHOD FOR TRANSMITTING PHYSICAL LAYER PROTOCOL DATA UNIT AND COMMUNICATION APPARATUS
3y 1m to grant Granted Oct 20, 2026
Patent 12750707
MIXED DOWNLINK REFERENCE SIGNAL AND FEEDBACK INFORMATION REPORTING
4y 0m to grant Granted Sep 29, 2026
Patent 12744633
ATSC BROADCAST SIGNAL WITH ENCODED DISPATCH MESSAGES
2y 8m to grant Granted Sep 22, 2026
Patent 12739090
NETWORKING METHOD AND APPARATUS THEREFOR
2y 9m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+24.1%)
3y 0m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 234 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month