Prosecution Insights
Last updated: April 19, 2026
Application No. 18/799,298

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §101§102§103
Filed
Aug 09, 2024
Examiner
YU, XIANG
Art Unit
2455
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
4y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
165 granted / 307 resolved
-4.3% vs TC avg
Strong +47% interview lift
Without
With
+47.4%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
31 currently pending
Career history
338
Total Applications
across all art units

Statute-Specific Performance

§101
6.8%
-33.2% vs TC avg
§103
47.2%
+7.2% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 307 resolved cases

Office Action

§101 §102 §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 Office Action is in response to the communications for the present US application number 18/799,298 last filed on August 26th, 2024. Claims 1-30 are cancelled. Claims 31-60 were newly added and are pending and have been examined, directed to COMMUNICATION METHOD AND COMMUNICATION APPARATUS. 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. Claim 47 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because for example, in claim 47, the system with a processor can be entirely implemented via software means. This is supported by the Filed Specifications that supports and states that the method/apparatus/units/modules can all be implemented by software or logical module (see ¶¶ [0007], [0061], [0156]). The claim language would need require further amending and limiting the processor to be a hardware processor. Appropriate amendments are expected. 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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 31-33, 40, 43, 46-50, 57, and 60 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. US 20170324657 A1 to Zhong et al. (referred to hereafter as “Zhong”). As to claim 31, Zhong discloses a method applied to an apparatus, the method comprising: determining a transmission cycle, wherein the transmission cycle comprises a first time domain location and a second time domain location that do not overlap each other in time domain, the first time domain location is for carrying data sent by the apparatus, and the second time domain location is for carrying data received by the apparatus (Zhong discloses of a similar approach with a system that identifies and can distinguish between a transmission and reception, using identifiers and location information for the data, going in each direction. There are Tx/Rx Clk(s) along with other parameters in the later example embodiments, e.g., Zhong: ¶¶ 41, 78, 96 and Figs. 1, 3, 13, 14, and 16); and sending first data at the first time domain location of the transmission cycle, and receiving second data at the second time domain location of the transmission cycle (Zhong’s system can differentiate between a transmitting cycle versus a receiving cycle, with example embodiments provided at the end, e.g., Zhong: ¶¶ 41 ,and Figs. 1, 3, 13, 14 and 16). As to claim 32, Zhong further discloses the method according to claim 31, wherein the first data comprises m codewords, the second data comprises n codewords, and both m and n are integers greater than or equal to 1 (Zhong discloses about codewords, used in both directions, e.g., Zhong: ¶¶ 47 and 128 and Fig. 4). As to claim 33, Zhong further discloses the method according to claim 32, wherein: the first data further comprises a first data header, and the second data further comprises a second data header (e.g., Zhong: ¶¶ 47 and Fig. 4), wherein a time domain length corresponding to the first data header is equal to a time domain length corresponding to the second data header, or an amount of data carried by the first data header is equal to an amount of data carried by the second data header (Lengths can be variable or fixed (e.g., Fig. 1 example), which means the lengths can be set to be equal between a first and second, e.g., Zhong: ¶¶ 38-39, 65, and 131-132 and Fig. 1). As to claim 38, Zhong further discloses the method according to claim 32, wherein the apparatus is a slave node, and determining the transmission cycle comprises: receiving configuration information from a master node, wherein the configuration information is for determining a value of m or a value of n (Following claims 31 and 32, the value of the codeword(s), m or n, for each packet, can be determined by the system, e.g., Zhong: ¶ 47); and determining the transmission cycle based on the configuration information (The system can identify the cycle as either Tx or Rx from the other configuring information/identifiers, e.g., Zhong: ¶¶ 47 and Figs. 1 and 3). As to claim 40, Zhong further discloses the method according to claim 31, wherein the apparatus is a master node, and determining the transmission cycle comprises: determining the transmission cycle based on port rate information of the apparatus (Different interfaces that support different rates, which can then be translated into different cycle rates, e.g., Zhong: ¶¶ 40-41, 112-114, and 152). As to claim 43, Zhong further discloses the method according to claim 31, wherein sending the first data at the first time domain location of the transmission cycle comprises: obtaining a first media access control (MAC) frame at the first time domain location of the transmission cycle (e.g., Zhong Fig. 1 shows one or more MAC frame addressing within the variable packet fields); and sending the first data based on the MAC frame (The data would be sent according to the addressing information, e.g., Zhong: Figs. 1 and 2). As to claim 46, see the similar corresponding rejection of claim 31. As to claim 47, see the similar corresponding rejection of claim 31. As to claim 48, see the similar corresponding rejection of claim 31. As to claim 49, see the similar corresponding rejection of claim 32. As to claim 50, see the similar corresponding rejection of claim 33. As to claim 57, see the similar corresponding rejection of claim 40. As to claim 60, see the similar corresponding rejection of claim 43. 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 34-39, 41, 42, 44, 45, 51-56, 58, and 59 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. US 20170324657 A1 to Zhong. As to claim 34, Zhong further discloses the method according to claim 33, wherein: the transmission cycle further comprises a third time domain location between the first time domain location and the second time domain location (See below), wherein a time domain length corresponding to the third time domain location is equal to the time domain length corresponding to the first data header (Following claims 31-33, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present application, to understand that Zhong’s system can accommodate or have additional packets such as another packet with a third location and header information, similar to what was established in claim 31, e.g., Zhong; ¶¶ 78 and 96 and Figs. 1, 3, 13, 14, and 16). As to claim 35, Zhong further discloses the method according to claim 33, wherein: the transmission cycle further comprises a fourth time domain location, wherein a start moment of the fourth time domain location is the same as a start moment of the transmission cycle, or an end moment of the fourth time domain location is the same as an end moment of the transmission cycle (Following claims 31-33, and similar to claim 34, once again, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present application, to understand that Zhong’s system can have another fourth packet with similar features to the first packet with similar start and end locations mapped to the cycles, as already established in claim 31, e.g., Zhong; ¶¶ 78 and 96 and Figs. 1, 3, 13, 14, and 16); and a time domain length corresponding to the fourth time domain location is equal to the time domain length corresponding to the first data header (Since the configuring features can be variably set, it would have been obvious that the fourth packet’s characteristics can be similar to the first packet’s feature characteristics, e.g., Zhong: 41, 78, 96 and Figs. 1, 3, 13, 14, and 16). As to claim 36, Zhong further discloses the method according to claim 33, wherein: the amount of the data carried by the first data header is k times a codeword length, k is less than or equal to 0.5, and k is greater than or equal to 0.25 (Following claims 31-33, and given that the value of k is a variable that is also proportional to another variable, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present application to understand that Zhong also uses variables to represent a portion of some other variable, as illustrated in various examples, e.g., Zhong: ¶¶ 40, 111-112, 166 and Table 2). As to claim 37, Zhong further discloses the method according to claim 33, wherein: in the first data, the m codewords are data obtained through scrambling, and the first data header is data obtained without scrambling (Under the OR condition, for either of these two data, Zhong discloses of a scrambler or being able to scramble some data sequences, with respect to any cycle and associated codeword for that cycle. It would therefore have been obvious to one of ordinary skill in the art, before the effective filing date of the present application, that given there’s a scrambler, there can be rules and configurations for what pieces of data can be scrambled or not scrambled, e.g., Zhong: ¶ 128); or in the second data, the n codewords are data obtained through scrambling, and the second data header is data obtained without scrambling. As to claim 39, Zhong further discloses the method according to claim 38, wherein the configuration information further comprises: a time domain length corresponding to a third time domain location, or a time domain length corresponding to a fourth time domain location (Following claims 31, 32, and 38, a third and/or fourth packet, with its own length and location information can obviously be determined by the system, as Zhong discloses of the lengths and location information with each Tx or Rx in the cycles, e.g., Zhong: ¶¶ 38-39 and 47). As to claim 41, Zhong further discloses the method according to claim 32, wherein m is not equal to n (Following claims 31 and 32, it would have been obvious to one of ordinary skill in the art, before the effective filing date that the bytes used for the codeword can be variably set such that m does not equal n, e.g., Zhong: ¶ 47). As to claim 42, Zhong further discloses the method according to claim 32, wherein the m codewords and the n codewords are codewords obtained based on a forward error correction code (FEC) (since the codeword structure is a variable used represent something, it would have been obvious to one of ordinary skill in the art, before the effective filing date that this can also be based or associated to represent errors found, since FEC can also be incorporated, e.g., Zhong: ¶¶ 40-42, 135-136, 147 and Tables 1 and 8). As to claim 44, Zhong further discloses the method according to claim 43, wherein the apparatus comprises a MAC layer entity, a physical medium attachment (PMA) layer entity, and a control module (e.g., Zhong: ¶¶ 40, 94, and 102 and Fig. 2), and obtaining the MAC frame at the first time domain location of the transmission cycle comprises: at a start moment of the first time domain location of the transmission cycle, sending, by the control module to the MAC layer entity, indication information indicating the MAC layer entity to send data, and sending, by the control module to the PMA layer entity, indication information indicating the PMA layer entity to send data (See below); after the start moment of the first time domain location of the transmission cycle and before an end moment of the first time domain location of the transmission cycle, receiving, by the control module, the MAC frame from the MAC layer entity (See below); and at the end moment of the first time domain location of the transmission cycle, sending, by the control module to the MAC layer entity, indication information indicating the MAC layer entity to stop sending data, and sending, by the control module to the PMA layer entity, indication information indicating the PMA layer entity to stop sending data (All three limitation steps here are focused on one transmission cycle, covering the start and the end, along with the associated location information, which were covered in claims 31 and 43. Zhong also discloses of the start and end of frame sequences. From Zhong’s Figs. 1 and 2, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present application, of how the data with respect to the transmission information in the one cycle is passed up and down between the different layers, including the MAC layer and the PMA layer, e.g., Zhong: ¶¶ 39-40 and Figs. 1-2). As to claim 45, Zhong further discloses the method according to claim 31, wherein the apparatus comprises a physical medium attachment (PMA) layer entity and a control module (e.g., Zhong: ¶¶ 40, 94, and 102 and Fig. 2), and receiving the second data at the second time domain location of the transmission cycle comprises: at a start moment of the second time domain location of the transmission cycle, sending, by the control module to the PMA layer entity, indication information indicating to receive data (See below); after the start moment of the second time domain location of the transmission cycle and before an end moment of the second time domain location of the transmission cycle, receiving, by the PMA layer entity, the second data (See below); and at the end moment of the second time domain location of the transmission cycle, sending, by the control module to the PMA layer entity, indication information indicating to stop receiving data (Following claim 31, and similar to claim 44, these limitation steps here are focused on the second one transmission cycle, covering the start and the end, along with the associated second location information, which were covered in claim 31. Zhong discloses of the start and end of frame sequences. And with Zhong’s Figs. 1 and 2, it is also further obvious to one of ordinary skill in the art, before the effective filing date of the present application, of how the data with respect to the transmission information in the one cycle is passed up and down between the different layers, including the MAC layer and the PMA layer, e.g., Zhong: ¶¶ 39-40 and Figs. 1-2). As to claims 51-56, 58, and 59, see the similar corresponding rejections of claims 34-39, 41, and 42 respectively. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Xiang Yu whose telephone number is (571)270-5695. The examiner can normally be reached M-F 9:30-3:00 (PST/PDT). 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, Emmanuel Moise can be reached at (571)272-3865. 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. /Xiang Yu/Examiner, Art Unit 2455
Read full office action

Prosecution Timeline

Aug 09, 2024
Application Filed
Aug 26, 2024
Response after Non-Final Action
Mar 21, 2026
Non-Final Rejection — §101, §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
99%
With Interview (+47.4%)
4y 7m
Median Time to Grant
Low
PTA Risk
Based on 307 resolved cases by this examiner. Grant probability derived from career allow rate.

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