Prosecution Insights
Last updated: October 02, 2026
Application No. 18/822,756

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Sep 03, 2024
Priority
Mar 04, 2022 — CN 202210211057.0 +1 more
Examiner
NGO, NGUYEN HOANG
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
513 granted / 621 resolved
+22.6% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
11 currently pending
Career history
641
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 621 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 . Response to Amendment This communication is in response to the amendment of 8/11/2026. Accordingly, Claims 1-10, 19, 21, 23, 25, 27 are currently pending in the application and claims 11-18, 20, 22, 24, 26, 28 withdrawn. Election/Restrictions Applicant's election with traverse of Group I (claims 1-10, 19, 21, 23, 25, 27) in the reply filed on 8/11/2026 is acknowledged. The traversal is on the ground(s) that the claims are not independent and distinct. This is not found persuasive because subcombination I has separate utility such as a communication method applied to a first node comprising: sending first measurement configuration information to a second node and subcombination II has separate utility such as a communication method applied to a second node comprising: obtaining the synchronization information indicating one or more following information of the third node and sending the synchronization information to a first node. Group I (claims 1-10, 19, 21, 23, 25, 27) are directed to methods of a first node that send measurement configuration information and receive synchronization information whereas Group 2 (claims 11-18, 20, 22, 24, 26, 28) are directed to methods of a second node that obtain the synchronization information of a third node. It should further be noted that the Drawings illustrate the first node and second node to be different and independent devices. The requirement is still deemed proper and is therefore made FINAL. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1, 2, 4, 5, 6, 19, 21, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2019/0082401), in view of Ahluwalia et al. (US 2010/0285802). Regarding claim 1, 19, 21, 27, Han discloses a communication method applied to a first node (A method for acquiring and reporting synchronization information of the at least one neighboring cell, a base station (correlating to a first node), a user equipment and a medium are provided, abstract and [0002] and [0007] and [0034] and [0083]-[0085]), comprising: sending first measurement configuration information to a second node, wherein the first measurement configuration information indicates to measure synchronization information of a cell on a first channel (transmitting a radio resource control (RRC) signaling to a UE to request the UE (correlating to a second node) to report the synchronization information of the at least one neighboring cell, wherein the RRC signaling indicates what synchronization information of the at least one neighboring cell needs to be reported by the UE and the synchronization information of the at least one neighboring cell includes at least one following item:… information of time difference between neighboring cells that are not synchronized with the same-frequency serving cell and the same-frequency serving cell (correlating to measure synchronization information of a cell on a first channel), [0007] and [0011] and [0077] and [0018] and [0024]); and receiving the synchronization information from the second node, wherein the synchronization information indicates one or more of following information of the cell: time synchronization information, frequency synchronization information, synchronization communication domain set information, reference signal received power (RSRP), reference signal received quality (RSRQ), a signal to interference plus noise ratio (SINR), or a received signal strength indicator (RSSI) (synchronization information of the at least one neighboring cell needs to be reported by the UE; and receiving the synchronization information of the at least one neighboring cell from the UE by an RRC signaling and the synchronization information of the at least one neighboring cell includes at least one following item: a list of neighboring cells synchronized with a primary cell, a list of neighboring cells that are not synchronized with the primary cell, and information of time difference between neighboring cells that are not synchronized with the primary cell and the primary cell; a list of neighboring cells synchronized with a same-frequency serving cell, a list of neighboring cells that are not synchronized with the same-frequency serving cell, and information of time difference between neighboring cells that are not synchronized with the same-frequency serving cell and the same-frequency serving cell;…on a corresponding frequency, a list of neighboring cells synchronized with each other, a list of neighboring cells that are not synchronized with each other, and the information of time difference between neighboring cells that are not synchronized with each other; and on a corresponding frequency, [0007] and [0011] and [0077] and [0018] and [0024]). Han however fails to disclose a third node with respects to a neighboring cell. Han however discloses synchronization information of at least one neighboring cell includes a physical cell identifier of the neighboring cell. In a similar field of endeavor, Ahluwalia discloses a third node with respect to a neighboring cell (a cell ID (Identification Data) for a new neighbouring cell; establishing a connection with the base station (correlating to a third node) corresponding to the new cell, [0006] and [0066]). It 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 to incorporate the concept of correlating a node, such as a base station, with a neighboring cell as disclosed by Ahluwalia into the method of reporting synchronization information of the at least one neighboring cell in order to improve the system and provide the proper components of a system, such as a neighboring cell corresponding to a base station (third node). Regarding claim 2, Han discloses wherein the time synchronization information comprises a first time deviation between the third node and the first node (the synchronization information of the at least one neighboring cell includes at least one following item:…information of time difference between neighboring cells that are not synchronized with the primary cell and the primary cell;…and information of time difference between neighboring cells that are not synchronized with the same-frequency serving cell and the same-frequency serving cell;…and the information of time difference between neighboring cells that are not synchronized with each other; and on a corresponding frequency, [0007] and [0011] and [0077] and [0018] and [0024]). Regarding claim 4, Han discloses wherein the synchronization communication domain set information comprises one or more of: a topology relationship of a synchronization communication domain set, priority information of the third node, a quantity of first-type nodes comprised in the synchronization communication domain set, or a status of synchronization between the third node and a first-type node other than the third node in the synchronization communication domain set (the synchronization information of the at least one neighboring cell includes at least one following item:…on a corresponding frequency, a list of neighboring cells synchronized with each other, a list of neighboring cells (correlating to a third node and a first-type node) that are not synchronized with each other (correlating to a status of synchronization), and the information of time difference between neighboring cells that are not synchronized with each other; and on a corresponding frequency, [0011] and [0018] and [0024] and [0031] and [0072] and [0105]) Regarding claim 5, Han discloses wherein the first measurement configuration information further indicates a measurement object ( transmitting a radio resource control (RRC) signaling to a UE to request the UE to report the synchronization information of the at least one neighboring cell, wherein the RRC signaling indicates what synchronization information of the at least one neighboring cell needs to be reported (correlating to a measurement object) by the UE, [0007]-[0009] and [0020] and [0047]-[0048]), a first periodicity corresponding to a measurement resource, duration of the measurement resource in the first periodicity, an offset of the measurement resource in the first periodicity, a start time domain location number of the measurement resource, or a quantity of measurement resources; and the measurement object comprises one or more of: the reference signal received power, the reference signal received quality, the signal to interference plus noise ratio, the received signal strength indicator, synchronization communication domain set measurement (synchronization information of the at least one neighboring cell that needs to be reported includes at least one following item:... whether an SS burst set period of the at least one neighboring cell being same with an SS burst set period of the primary cell; whether an SS burst set period of the at least one neighboring cell being same with an SS burst set period of the same-frequency serving cell;…and whether the at least one neighboring cell having the same SS burst set period on the corresponding frequency, [0009] and [0003] and [0011] and [0016]), time adjustment measurement (the synchronization information of the at least one neighboring cell includes at least one following item:… information of time difference between neighboring cells that are not synchronized with the same-frequency serving cell and the same-frequency serving cell, [0007] and [0011] and [0077] and [0018] and [0024]), or frequency adjustment measurement, wherein the measurement resource is a time resource for measuring the first channel. Regarding claim 6, Han discloses wherein the synchronization information is for establishing time-frequency synchronization between the first node and the third node (synchronization information of the at least one neighboring cell includes at least one following item: a list of neighboring cells synchronized with a primary cell, [0011] and [0007] and [0077] and [0018] and [0024]). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al, in view of Ahluwalia et al, in further view of Lee et al. (US 2018/0146388). Regarding claim 3, Han and Ahluwalia fail to disclose wherein the frequency synchronization information comprises a first frequency deviation between the third node and the first node. Han however discloses reporting synchronization information of the at least one neighboring cell (abstract and [0002] and [0007]). In a similar field of endeavor, Lee discloses frequency synchronization information comprises a first frequency deviation between the third node and the first node (additional information may be reported to the serving cell and the additional information may comprise at least one of a time or frequency difference between the serving cell and the neighbor cell (correlating to a frequency deviation), [0014]-[0015]). It 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 to incorporate the concept of reporting frequency difference between the serving cell and the neighbor cell as disclosed by Lee into the method of reporting synchronization information of the at least one neighboring cell in order to improve the system and provide a variety of synchronization information. Claim(s) 23, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al, in view of Ahluwalia et al, in further view Teague et al. (US 2006/0034173). Regarding claim 23, 25, Han and Ahluwalia fail to disclose the term terminal. Han however discloses the base station may acquire the synchronization information (abstract and [0048]). In a similar field of endeavor, Teague discloses the term terminal with respects to a base station (base terminal, and base station are interchangeably used, [0018]). It 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 to incorporate the concept of interchangeably using the term terminal with respects to a base station as disclosed by Teague into the method of reporting synchronization information of the at least one neighboring cell to a base station in order to improve the system and provide flexible nomenclature. Allowable Subject Matter Claims 7-10 is 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Choi et al. (US 2022/0232562) disclosing the UE may receive configuration information instructing the UE to measure a synchronization signal block (SSB)/physical broadcast channel (PBCH) or a channel state information reference signal (CSI-RS) for measurement of the neighboring IAB node from the serving IAB node or gNB by higher-layer signaling (higher-layer signal) ([0063]). Yuan et al. (US 2020/0404518) disclosing the first node may send a measurement configuration request to the second node to obtain configuration information of a channel state information-reference signal (CSI-RS) of the candidate neighboring node, and measure the CSI-RS of the neighboring cell, or the first node measures a synchronization signal/physical broadcast channel block (SS/PBCH block) of the neighboring cell ([0056]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGUYEN HOANG NGO whose telephone number is (571)272-8398. The examiner can normally be reached Monday-Friday 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, Kwang Yao can be reached at 571-272-3182. 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. /NGUYEN H NGO/Examiner, Art Unit 2473
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Prosecution Timeline

Sep 03, 2024
Application Filed
Sep 23, 2024
Response after Non-Final Action
Sep 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
94%
With Interview (+11.4%)
3y 2m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 621 resolved cases by this examiner. Grant probability derived from career allowance rate.

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