Prosecution Insights
Last updated: July 17, 2026
Application No. 18/829,197

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102
Filed
Sep 09, 2024
Priority
Mar 22, 2022 — CN 202210283542.9 +1 more
Examiner
SHEDRICK, CHARLES TERRELL
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
782 granted / 1007 resolved
+17.7% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
1041
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
71.4%
+31.4% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1007 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 . 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)(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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lance US Patent Pub. No.: 2023/0080172. Consider Claims 8 and as applied to independent claims 1 and 15, Lance teaches a communication apparatus (e.g., a computing device as outlined in 0009), comprising: one or more processors (e.g., see hardware outlined in 0009); and a non-transitory memory (e.g., see hardware outlined in 0009) storing computer instructions for execution by the one or more processors, the computer instructions comprising instructions for: receiving first information from a first node(e.g., see node instructions as outline in figures 2-3 and 6- node opcode noted in at least 0018), wherein the first information is for configuring a first model structure of an intelligent model (i.e., this is met by the neural network noted in at least 0011-“ the first model structure comprises N operations, N is a positive integer, an operation in the N operations is a calculation for obtaining an output parameter by using an operation parameter and an operator, and the operator is an operation rule or a function (e.g., see at least figures 2-3 and 6, see also 0018 - the node opcode 122 can be provided to instructions 107-2 to determine a plurality of logical nodes or devices to provide the updated change value 116 based on an opcode associated within the plurality of logical nodes or devices. For example, the node opcode 122 can refer to an operation that is performed by a particular logical node or device. For example, a node opcode 122 can refer to an addition function, a boolean function, a subtraction function, a multiplication function, among other types of operation codes that are utilized in computing”); and determining the intelligent model based on the first information (i.e., the result or goal of the neural network as outlined in figure 2-3 and 6). Consider Claims 9 and as applied to claims 2 and 16, Lance teaches wherein for the operation in the N operations, the first information indicates the operator and the operation parameter that are used in the operation (e.g., see 0018 – “the node opcode 122 can be provided to instructions 107-2 to determine a plurality of logical nodes or devices to provide the updated change value 116 based on an opcode associated within the plurality of logical nodes or devices. For example, the node opcode 122 can refer to an operation that is performed by a particular logical node or device. For example, a node opcode 122 can refer to an addition function, a boolean function, a subtraction function, a multiplication function, among other types of operation codes that are utilized in computing”). Consider Claims 3 and as applied to claims 10 and 17, Lance teaches wherein for the operation in the N operations, the first information further indicates one or more of identification information, dimension information, precision information, or data type information of the output parameter (e.g., this is met based on the teachings of 0018). Consider Claims 4 and as applied to claims 11 and 18, Lance teaches wherein the first information indicates at least one of an input parameter of the first model structure or an output parameter of the first model structure (e.g., this is met based on the input and output described with respect to figures 2-3 and 6). Consider Claims 5 and as applied to claims 12 and 19, Lance teaches wherein the N operations comprise a first operation and a second operation, and the first information indicates that an operation parameter of the first operation comprises an output parameter of the second operation (e.g., this is met based on the operations explained with respect to at least 0018). Consider Claims 6 and as applied to independent claims 13 and 20, Lance teaches wherein the operation parameter comprises a model parameter, and the first information indicates a parameter value of the model parameter, or indicates identification information of the model parameter (e.g., the parameters are met based on the description of 0018). Consider Claims 7 and as applied to claim 14, Lance teaches wherein the first information indicates whether the parameter value of the model parameter is updatable in model training (e.g., see update noted in at least 0016). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES TERRELL SHEDRICK whose telephone number is (571)272-8621. The examiner can normally be reached 8A-5P. 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, Matthew D Anderson can be reached at 571 272 4177. 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. /CHARLES T SHEDRICK/Primary Examiner, Art Unit 2646
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Prosecution Timeline

Sep 09, 2024
Application Filed
Jun 12, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
87%
With Interview (+9.4%)
2y 8m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1007 resolved cases by this examiner. Grant probability derived from career allowance rate.

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