Prosecution Insights
Last updated: October 01, 2026
Application No. 18/804,791

UPLINK SWITCHING METHOD, COMMUNICATION APPARATUS, AND COMMUNICATION SYSTEM

Non-Final OA §102
Filed
Aug 14, 2024
Priority
Nov 19, 2018 — CN 201811379402.1 +2 more
Examiner
KIM, CHONG G
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
375 granted / 451 resolved
+23.1% vs TC avg
Minimal +4% lift
Without
With
+3.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
20 currently pending
Career history
478
Total Applications
across all art units

Statute-Specific Performance

§101
6.6%
-33.4% vs TC avg
§103
44.4%
+4.4% vs TC avg
§102
41.3%
+1.3% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 451 resolved cases

Office Action

§102
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 . Claims 1-18 are subject to examination and rejected. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Allowable Subject Matter Claims 3, 9 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 § 102 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, 2, 4-8, 10-14 and 16-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cirik (US PGPub 2020/0146059). Regarding claims 1, 7 and 13, Cirik teaches an uplink transmission method (Cirik, see abstract, A wireless device activates at least two downlink bandwidth parts (BWPs) of a cell), comprising: receiving configuration information that configures a supplementary uplink (SUL) and a normal uplink (NUL) for a terminal (Cirik, see paragraph 0475, the wireless device may be configured with two or more uplink carriers (e.g., SUL and NUL) for one downlink of the cell. In an example, the two or more uplink carriers may comprise the SUL carrier and a NUL carrier); and performing transmission from the terminal to an access network device on the SUL and the NUL in time division multiplex (TDM) mode, wherein the terminal is configured with the SUL and the NUL for uplink transmission based on the configuration information (Cirik, see paragraph 0476, the base station may avoid overlapping (e.g., in time) of a first uplink transmission (e.g., PUSCH) via the SUL carrier and a second uplink transmission (e.g., PUSCH) via the NUL carrier by scheduling. the base station may configure one or more PUSCH resources (e.g., PUSCH-Config) for the SUL carrier. In an example, the base station may configure one or more second PUSCH resources (e.g., PUSCH-Config) for the NUL carrier. Even though failing to expressly disclosing the term “TDM mode”, Cirik teaches about scheduling SUL PUSCH and NUL PUSCH in time not to be overlapped during transmission. Therefore, Cirik teaches about the TDM mode.), and the terminal is located within a coverage of the NUL (Cirik, see paragraph 0462, a base station may configure a NUL and DL over a first frequency (e.g., high frequency). An SUL may be configured over a second frequency (e.g., low frequency) to support uplink transmission (e.g., in terms of coverage and/or capacity) of a cell). Regarding claims 2, 8 and 14, Cirik teaches wherein the NUL works on a Time Division Duplex (TDD) frequency band, and the SUL works on a SUL frequency band (Cirik, see paragraph 0462, a base station may configure a NUL and DL over a first frequency (e.g., high frequency). An SUL may be configured over a second frequency (e.g., low frequency) to support uplink transmission (e.g., in terms of coverage and/or capacity) of a cell), and performing, by the terminal, transmission with the access network device on the NUL comprises: performing, by the terminal, physical uplink shared channel (PUSCH) transmission with the access network device on the NUL on a TDD uplink time domain resource (Cirik, see paragraph 0476, the base station may avoid overlapping (e.g., in time) of a first uplink transmission (e.g., PUSCH) via the SUL carrier and a second uplink transmission (e.g., PUSCH) via the NUL carrier by scheduling. the base station may configure one or more PUSCH resources (e.g., PUSCH-Config) for the SUL carrier. In an example, the base station may configure one or more second PUSCH resources (e.g., PUSCH-Config) for the NUL carrier); and performing, by the terminal, transmission with the access network device on the SUL comprises: performing, by the terminal, PUSCH transmission with the access network device on the SUL on a TDD flexible time domain resource or a TDD downlink time domain resource (Cirik, see paragraph 0476, the base station may avoid overlapping (e.g., in time) of a first uplink transmission (e.g., PUSCH) via the SUL carrier and a second uplink transmission (e.g., PUSCH) via the NUL carrier by scheduling. the base station may configure one or more PUSCH resources (e.g., PUSCH-Config) for the SUL carrier. In an example, the base station may configure one or more second PUSCH resources (e.g., PUSCH-Config) for the NUL carrier). Regarding claims 4, 10 and 16, Cirik teaches wherein sounding reference signal (SRS) is sent on the NUL and the SUL in TDM mode, and a NUL SRS time domain resource is a part or all of the TDD uplink time domain resource and the TDD flexible time domain resource (Cirik, see paragraph 0228, a UE may transmit SRS 508 to a base station for channel state estimation to support uplink channel dependent scheduling and/or link adaptation. For example, SRS 508 transmitted by a UE may allow for a base station to estimate an uplink channel state at one or more different frequencies), and a SUL SRS time domain resource is a part or all of the TDD downlink time domain resource and the TDD flexible time domain resource (Cirik, see paragraph 0228, A UE may transmit SRS resources based on one or more trigger types, wherein the one or more trigger types may comprise higher layer signaling (e.g., RRC) and/or one or more DCI formats (e.g., at least one DCI format may be employed for a UE to select at least one of one or more configured SRS resource sets). Regarding claims 5, 11 and 17, Cirik teaches wherein physical uplink control channel (PUCCH) is configured on the NUL and NUL PUCCH time domain resource is a part or all of the TDD uplink time domain resource (Cirik, see paragraph 0476, the base station may avoid overlapping (e.g., in time) of a first uplink transmission (e.g., PUSCH) via the SUL carrier and a second uplink transmission (e.g., PUSCH) via the NUL carrier by scheduling. the base station may configure one or more PUSCH resources (e.g., PUSCH-Config) for the SUL carrier. In an example, the base station may configure one or more second PUSCH resources (e.g., PUSCH-Config) for the NUL carrier), or PUCCH is configured on the SUL and SUL PUCCH time domain resource is a part or all of the TDD downlink time domain resource and the TDD flexible time domain resource (Cirik, see paragraph 0476, the base station may avoid overlapping (e.g., in time) of a first uplink transmission (e.g., PUSCH) via the SUL carrier and a second uplink transmission (e.g., PUSCH) via the NUL carrier by scheduling. the base station may configure one or more PUSCH resources (e.g., PUSCH-Config) for the SUL carrier. In an example, the base station may configure one or more second PUSCH resources (e.g., PUSCH-Config) for the NUL carrier). Regarding claims 6, 12 and 18, Cirik teaches wherein a quantity of multiple-input multiple-output (MIMO) layers supported by the SUL is 1, and a quantity of MIMO layers supported by the NUL is 2 (Cirik, see paragraph 0311, the MIMO related information may comprise at least one of: PMI; precoding information; transport block swap flag; power offset between PDSCH and reference signal; reference-signal scrambling sequence; number of layers; and/or antenna ports for the transmission; and/or Transmission Configuration Indication (TCI)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONG G KIM whose telephone number is (571)270-0619. The examiner can normally be reached Mon-Fri @ 9am - 5pm. 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, Nicholas R. Taylor can be reached at 571-272-3889. 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. /CHONG G KIM/Examiner, Art Unit 2443 /NICHOLAS R TAYLOR/Supervisory Patent Examiner, Art Unit 2443
Read full office action

Prosecution Timeline

Aug 14, 2024
Application Filed
Aug 19, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750914
COMMUNICATION METHOD OF COMMUNICATION TERMINAL AND ELECTRONIC DEVICE FOR COMMUNICATING SERVICE DATA OF AN APPLICATION
3y 10m to grant Granted Sep 29, 2026
Patent 12745124
Asset Management and IOT Device for Refrigerated Appliances
3y 1m to grant Granted Sep 22, 2026
Patent 12745064
DATA PROCESSING METHOD AND APPARATUS
2y 7m to grant Granted Sep 22, 2026
Patent 12744791
PRE-FLOW GROUPING OF PACKETS FOR OPTIMZED DEEP PACKET INSPECTION
2y 3m to grant Granted Sep 22, 2026
Patent 12739701
APPARATUS AND METHOD FOR PROVIDING RESOURCE MANAGEMENT POLICY IN TELECOMMUNICATIONS SYSTEM
3y 11m 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

1-2
Expected OA Rounds
83%
Grant Probability
87%
With Interview (+3.5%)
2y 8m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 451 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