Prosecution Insights
Last updated: October 02, 2026
Application No. 18/813,803

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Aug 23, 2024
Priority
Feb 24, 2022 — CN 202210173063.1 +1 more
Examiner
KO, SITHU
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
551 granted / 636 resolved
+26.6% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
27 currently pending
Career history
664
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
70.7%
+30.7% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
10.4%
-29.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 636 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Cross Reference to Related Applications 2. This application is a continuation of International Application No. PCT/CN2023/076911, filed on February 17, 2023, which claims priority to Chinese Patent Application No. 202210173063.1, filed on February 24, 2022. The disclosures of the aforementioned applications are incorporated by reference in their entireties. Priority 3. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Claims status 4. This office action is a response to an application filed on February 11, 2025 in which claims 21-40 are pending for examination. Based on the Preliminary Amendment filed on February 11, 2025, the listing of claims replace all prior versions, and listings, of claims in the application. Drawings 5. The Examiner contends that the drawings submitted on August 23, 2024 are acceptable for examination proceedings. Information Disclosure Statement 6. The Examiner has considered the reference(s) listed on the Information Disclosure Statements submitted on December 12, 2024 and on April 25, 2025. Specification (Title Objection) 7. 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. Claim Objections (minor informalities) 8. Claims 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 36, 37, 38 and 40 are objected to because of the following informalities: Regarding claim 22, the claim recites “…the second configuration information comprises at least one of the following: a value of M; first information, wherein the first information is used to determine time domain positions of the M second transmission occasions; or second information, wherein the second information is used to determine frequency domain positions of the M second transmission occasions. Regarding claim 23, the claim recites “…the first information comprises: a first time domain interval, wherein the first time domain interval is a time domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or M time domain intervals, wherein the M time domain intervals comprise: a time domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a time domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a time domain interval between each of the M second transmission occasions and the first transmission occasion”. Claim 22 depends on claim 21 and a clear interpretation of the limitation is that which states the following alternatives: (1) a value of M; or (2) first information, wherein the first information is used to determine time domain positions of the M second transmission occasions; or (3) second information, wherein the second information is used to determine frequency domain positions of the M second transmission occasions. Claim 23 depends on claim 22 and a clear interpretation of the limitation is that which states the following alternatives: (1) a first time domain interval, wherein the first time domain interval is a time domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or (2) M time domain intervals, wherein the M time domain intervals comprise: a time domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a time domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a time domain interval between each of the M second transmission occasions and the first transmission occasion. According to the above claim structure (according to claim language “one of the following” and “or”), claims 22 and 23 require only one alternative and in a case that the cited prior art has been disclosed the teaching of only one from the choice, the claim limitation(s) is/are still met. As such, questions are raised about the inconsistencies noted herein and that its respectfully observed applicant’s objective for the claim limitation i.e. further clarification is requested whether the other alternatives of dependent claims 22 and 23 are optional in case the cited prior arts disclose only one alternative. Regarding claims 24, 25, 26, 29, 30, 31, 32, 33, 36, 37, 38 and 40, the claims are objected based on the same reasoning as presented in the objection of claims 22 and 23 (questions are raised whether the claims are optional in case cited prior arts disclose only one alternative). For the purpose of examinations, the examiner will interpret the claims as best understood. Claim Rejections - 35 USC § 103 9. 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. 10. Claims 21-26, 28-33 and 35-40 are rejected under 35 U.S.C. 103 as being unpatentable over TSAI (US 2018/0331728 A1), hereinafter “Tsai” in view of SHA et al. (US 2022/0322453 A1), hereinafter “Sha”. Regarding claim 21, Tsai discloses a method (Figs. 3A, 4, illustrating switching PRACH resources for a PRACH retransmission), comprising: receiving first configuration information and second configuration information from an access network device (Fig.4, paragraphs [0009], [0041]-[0045], PRACH resources for PARCH transmission or retransmission), wherein the first configuration information (Fig. 4, paragraphs [0009], [0041]-[0045], PRACH resources which are associated with the same downlink reference signal (e.g., a CSI-RS or SSB) associated with the first PRACH resources to perform the second PRACH retransmission) is used to configure a first transmission occasion (Fig. 4, paragraphs [0009], [0041]-[0045], SSB#3 to PRACH resources #3 (Msg1 Tx)) corresponding to (Fig. 4, dotted arrow between SSB#3 to PRACH resources #3) a first synchronization signal broadcast channel block (SSB) (Fig. 4, paragraphs [0009], [0041]-[0045], SSB#3) , and the M second transmission occasions and the first transmission occasion correspond to the first SSB (Fig.4, paragraphs [0009], [0041]-[0045], PRACH resources for PARCH transmission or retransmission) ; and initially transmitting, on the first transmission occasion, a preamble corresponding to the first SSB, and retransmitting the preamble on each of the M second transmission occasions, wherein M is a positive integer (Fig. 4, paragraphs [0009], [0041]-[0045], the same downlink reference signal (e.g., a CSI-RS or SSB) associated with the first PRACH resources to perform the second PRACH retransmission). While Tsai implicitly refers to “the second configuration information is used to configure M second transmission occasions corresponding to the first transmission occasion”, Sha from the same or similar field of endeavor explicitly discloses the second configuration information is used to configure M second transmission occasions (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], maximum number of re-transmission-S) corresponding to the first transmission occasion (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], corresponding relationship is established between FDM-RO1 and FDM-RO1′). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the second configuration information is used to configure M second transmission occasions corresponding to the first transmission occasion” as taught by Sha, in the system of Tsai, so that it would provide resources of the PRACH into initial transmission resources special for initial transmission and re-transmission resources special for re-transmission applied to a problem of a long random access time delay or a low success rate of the random access (Sha, paragraph [0003]). Regarding claim 22, Tsai in view of Sha disclose the method according to claim 21. Sha further discloses the second configuration information comprises at least one of the following: a value of M; first information, wherein the first information is used to determine time domain positions of the M second transmission occasions; or second information, wherein the second information is used to determine frequency domain positions of the M second transmission occasions (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], corresponding relationship between frequency-domain resources in the initial transmission resource pool are in one-to-one correspondence with the frequency-domain resources in the re-transmission resource pool). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the second configuration information comprises at least one of the following: a value of M; first information, wherein the first information is used to determine time domain positions of the M second transmission occasions; or second information, wherein the second information is used to determine frequency domain positions of the M second transmission occasions” as taught by Sha, in the system of Tsai, so that it would provide resources of the PRACH into initial transmission resources special for initial transmission and re-transmission resources special for re-transmission applied to a problem of a long random access time delay or a low success rate of the random access (Sha, paragraph [0003]). Regarding claim 23, Tsai in view of Sha disclose the method according to claim 22. Sha further discloses the first information comprises: a first time domain interval, wherein the first time domain interval is a time domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or M time domain intervals, wherein the M time domain intervals comprise: a time domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a time domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a time domain interval between each of the M second transmission occasions and the first transmission occasion (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], corresponding relationship between frequency-domain resources in the initial transmission resource pool are in one-to-one correspondence with the frequency-domain resources in the re-transmission resource pool). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the first information comprises: a first time domain interval, wherein the first time domain interval is a time domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or M time domain intervals, wherein the M time domain intervals comprise: a time domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a time domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a time domain interval between each of the M second transmission occasions and the first transmission occasion” as taught by Sha, in the system of Tsai, so that it would provide resources of the PRACH into initial transmission resources special for initial transmission and re-transmission resources special for re-transmission applied to a problem of a long random access time delay or a low success rate of the random access (Sha, paragraph [0003]). Regarding claim 24, Tsai in view of Sha disclose the method according to claim 22. Sha further discloses the second information comprises: a first frequency domain interval, wherein the first frequency domain interval is a frequency domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or M frequency domain intervals, wherein the M frequency domain intervals comprise: a frequency domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a frequency domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a frequency domain interval between each of the M second transmission occasions and the first transmission occasion; or a frequency domain interval between each of the M second transmission occasions and a reference point (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], in the example, the random access configuration information further includes the maximum number of re-transmission; for example, the maximum number of re-transmission may be a positive integer. The terminal may know the maximum number of re-transmitting the random access preamble in one random access process by limiting the maximum number of re-transmission; for example, the maximum number of re-transmission is S, the random access preamble may be re-transmitted for S times at maximum in one random access process, and plus the initial transmission, the random access preamble may be re-transmitted for S+1 times at maximum in one random access process). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the second information comprises: a first frequency domain interval, wherein the first frequency domain interval is a frequency domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or M frequency domain intervals, wherein the M frequency domain intervals comprise: a frequency domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a frequency domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a frequency domain interval between each of the M second transmission occasions and the first transmission occasion; or a frequency domain interval between each of the M second transmission occasions and a reference point” as taught by Sha, in the system of Tsai, so that it would provide resources of the PRACH into initial transmission resources special for initial transmission and re-transmission resources special for re-transmission applied to a problem of a long random access time delay or a low success rate of the random access (Sha, paragraph [0003]). Regarding claim 25, Tsai in view of Sha disclose the method according to claim 22. Sha further discloses the M second transmission occasions respectively belong to M sets of transmission occasions; the first information comprises time domain position information corresponding to each of the M sets of transmission occasions; and the second information comprises frequency domain position information corresponding to each of the M sets of transmission occasions (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], in the example, the random access configuration information further includes the maximum number of re-transmission; for example, the maximum number of re-transmission may be a positive integer. The terminal may know the maximum number of re-transmitting the random access preamble in one random access process by limiting the maximum number of re-transmission; for example, the maximum number of re-transmission is S, the random access preamble may be re-transmitted for S times at maximum in one random access process, and plus the initial transmission, the random access preamble may be re-transmitted for S+1 times at maximum in one random access process). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the M second transmission occasions respectively belong to M sets of transmission occasions; the first information comprises time domain position information corresponding to each of the M sets of transmission occasions; and the second information comprises frequency domain position information corresponding to each of the M sets of transmission occasions” as taught by Sha, in the system of Tsai, so that it would provide resources of the PRACH into initial transmission resources special for initial transmission and re-transmission resources special for re-transmission applied to a problem of a long random access time delay or a low success rate of the random access (Sha, paragraph [0003]). Regarding claim 26, Tsai in view of Sha disclose the method according to claim 21. Sha further discloses the second configuration information comprises at least one of the following: a value of M; a first offset, wherein the first offset is used to determine a first time domain interval and a first frequency domain interval, the first time domain interval is a time domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions, and the first frequency domain interval is a frequency domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or M offsets, wherein the M offsets are used to determine M time domain intervals and M frequency domain intervals, wherein the M time domain intervals comprise: a time domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a time domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a time domain interval between each of the M second transmission occasions and the first transmission occasion; and the M frequency domain intervals comprise: a frequency domain interval between the first transmission occasion and the earliest second transmission occasion in the M second transmission occasions, and further comprise a frequency domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion; or a frequency domain interval between each of the M second transmission occasions and the first transmission occasion, or a frequency domain interval between each of the M second transmission occasions and a reference point (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], corresponding relationship between frequency-domain resources in the initial transmission resource pool are in one-to-one correspondence with the frequency-domain resources in the re-transmission resource pool). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the second configuration information comprises at least one of the following: a value of M; a first offset, wherein the first offset is used to determine a first time domain interval and a first frequency domain interval, the first time domain interval is a time domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions, and the first frequency domain interval is a frequency domain interval between any adjacent transmission occasions among the first transmission occasion and the M second transmission occasions; or M offsets, wherein the M offsets are used to determine M time domain intervals and M frequency domain intervals, wherein the M time domain intervals comprise: a time domain interval between the first transmission occasion and an earliest second transmission occasion in the M second transmission occasions, and further comprise a time domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion, or a time domain interval between each of the M second transmission occasions and the first transmission occasion; and the M frequency domain intervals comprise: a frequency domain interval between the first transmission occasion and the earliest second transmission occasion in the M second transmission occasions, and further comprise a frequency domain interval between each of the M second transmission occasions except the earliest second transmission occasion and a previous second transmission occasion; or a frequency domain interval between each of the M second transmission occasions and the first transmission occasion, or a frequency domain interval between each of the M second transmission occasions and a reference point” as taught by Sha, in the system of Tsai, so that it would provide resources of the PRACH into initial transmission resources special for initial transmission and re-transmission resources special for re-transmission applied to a problem of a long random access time delay or a low success rate of the random access (Sha, paragraph [0003]). Regarding claim 28, Tsai discloses a method (Figs. 3A, 4, illustrating switching PRACH resources for a PRACH retransmission), comprising: determining first configuration information and second configuration information (Fig.4, paragraphs [0009], [0041]-[0045], PRACH resources for PARCH transmission or retransmission), wherein the first configuration information is used to configure a first transmission occasion corresponding to a first synchronization signal broadcast channel block (SSB) (Fig. 4, paragraphs [0009], [0041]-[0045], PRACH resources which are associated with the same downlink reference signal (e.g., a CSI-RS or SSB) associated with the first PRACH resources to perform the second PRACH retransmission), and the M second transmission occasions (Fig.4, paragraphs [0009], [0041]-[0045], PRACH resources for PARCH transmission or retransmission) and the first transmission occasion correspond(Fig. 4, dotted arrow between SSB#3 to PRACH resources #3) to the first SSB (Fig. 4, paragraphs [0009], [0041]-[0045], SSB#3); and sending the first configuration information and the second configuration information (Fig. 4, paragraphs [0009], [0041]-[0045], the same downlink reference signal (e.g., a CSI-RS or SSB) associated with the first PRACH resources to perform the second PRACH retransmission). While Tsai implicitly refers to “the second configuration information is used to configure M second transmission occasions corresponding to the first transmission occasion”, Sha from the same or similar field of endeavor explicitly discloses the second configuration information is used to configure M second transmission occasions (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], maximum number of re-transmission-S) corresponding to the first transmission occasion (Figs. 2, 4, paragraphs [0051]-[0052], [0063], [0112]-[0114], corresponding relationship is established between FDM-RO1 and FDM-RO1′). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the second configuration information is used to configure M second transmission occasions corresponding to the first transmission occasion” as taught by Sha, in the system of Tsai, so that it would provide resources of the PRACH into initial transmission resources special for initial transmission and re-transmission resources special for re-transmission applied to a problem of a long random access time delay or a low success rate of the random access (Sha, paragraph [0003]). Regarding claim 29, the claim is rejected based on the same reasoning as presented in the rejection of claim 22. Regarding claim 30, the claim is rejected based on the same reasoning as presented in the rejection of claim 23. Regarding claim 31, the claim is rejected based on the same reasoning as presented in the rejection of claim 24. Regarding claim 32, the claim is rejected based on the same reasoning as presented in the rejection of claim 25. Regarding claim 33, the claim is rejected based on the same reasoning as presented in the rejection of claim 26. Regarding claim 35, the claim is rejected based on the same reasoning as presented in the rejection of claim 21. Regarding claim 36, the claim is rejected based on the same reasoning as presented in the rejection of claim 22. Regarding claim 37, the claim is rejected based on the same reasoning as presented in the rejection of claim 23. Regarding claim 38, the claim is rejected based on the same reasoning as presented in the rejection of claim 24. Regarding claim 39, the claim is rejected based on the same reasoning as presented in the rejection of claim 25. Regarding claim 40, the claim is rejected based on the same reasoning as presented in the rejection of claim 26. Allowable Subject Matter 11. Claims 27 and 34 is/are objected to as being dependent upon a rejected base claim, but would be allowable contingent upon or subject to the following conditions: (1) that the claims are rewritten in independent form including all of the limitations of the base claim and any intervening claims as presented by applicant and referenced herein, (2) that after clarifying the issues related with claim objections as stated above, (3) that the subject limitation(s) are not taken alone but in view of the entirety of the claim language including any preceding claim limitation, any proceeding claim limitations, and any intervening claim limitations, and (4) that all independent claims were amended with similar features and the amendments were submitted in a formal response. Regarding Claims 27 and 34, contingent upon or subject to the conditions noted herein above, the prior art of record fails to disclose, alone, individually or in any reasonable combination, as required by the dependent claim(s): “the first offset satisfies the following formula: offset=symbol_offset+frequency_offset*MAX_SYMBOL_OFFSET, wherein offset is the first offset, symbol offset is the first time domain interval, frequency offset is the first frequency domain interval, and MAX_SYMBOL_OFFSET is a sum of 1 and a maximum value of symbol_offset”. [Note: Failure to provide the conditions noted herein above may result in new ground(s) of rejection (in case given the scope of the claimed amendments and/or the arguments would require further consideration)]. Conclusion 12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SITHU KO whose telephone number is 571-272-8647. The examiner can normally be reached on Mon-Friday 8:30am-5:00pmEST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached on 571-272-7884. 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. /SITHU KO/Primary Examiner, Art Unit 2414
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Prosecution Timeline

Aug 23, 2024
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §103 (current)

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Expected OA Rounds
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