Prosecution Insights
Last updated: July 17, 2026
Application No. 18/830,088

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Sep 10, 2024
Priority
Mar 16, 2022 — CN 202210260407.2 +1 more
Examiner
FERRIS, DERRICK W
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
24%
Grant Probability
At Risk
1-2
OA Rounds
2y 0m
Est. Remaining
20%
With Interview

Examiner Intelligence

Grants only 24% of cases
24%
Career Allowance Rate
16 granted / 66 resolved
-35.8% vs TC avg
Minimal -4% lift
Without
With
+-4.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
7 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§103
86.1%
+46.1% vs TC avg
§102
10.8%
-29.2% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 66 resolved cases

Office Action

§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 . Information Disclosure Statement The information disclosure statements (IDSs) submitted on July 26, 2024 and May 12, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Applicant should note that the large number of references and references with excessive number of pages in the attached IDSs have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is invited to point out any particular reference(s) in the IDS that they believe may be of particular relevance to the instant claimed invention in response to this Office Action. It is desirable to avoid the submission of long lists of documents if it can be avoided. If a long list is submitted, highlight those documents which have been specifically brought to applicant's attention and/or are known to be of most significance. See Penn Yan Boats, Inc. V. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff 'd, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert. denied, 414 U.S. 874 (1974). But cf. Molins PLC V. Textron Inc., 48 F.3d 1172, 33 USPQ2d 1823 (Fed. Cir. 1995) Allowable Subject Matter Claims 5, 12, and 19 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. It is noted that while the cited references below clearly include 35, 140, and 210 microseconds, they do not further include 280 microseconds. Thus, the combination itself, appears novel. 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. Claim(s) 1-4, 6, 8-11, 13, and 15-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20240357681 A1 to Rastegardoost et al. “Rastegardoost”. Examiner notes support in provisional US 63/295,186 filed 12/30/2021, especially paragraphs [0243], [0253], [0259], [0262], [0291-292], and [0316-317]. NOTE: all citations are drawn to PGPub of Rastegardoost unless otherwise specified. Independent claims As to claim 1, Rastegardoost discloses a communication method, comprising: determining, by a terminal device (wireless device 106 or UE 210 [0055]; see e.g., Fig. 26:UE), M second switching delays ([0261], [0277] where each band pair = M switching delays which implies more than one pair for more than one switching group given broadest reasonable interpretation, [0377]), wherein a jth second switching delay is a delay for switching by the terminal device between a first frequency band group and a second frequency band group ([0272], multi-carrier scenarios are also envisioned [0296], [0310]. In addition to bands/frequencies, cell groups can also be applied [0278]), the jth second switching delay is one of the M second switching delays, the first frequency band group and the second frequency band group each comprise at least one frequency band, and M is a positive integer; and sending, by the terminal device, third information to a network device, wherein the third information comprises the jth second switching delay (see e.g., [0277] where capability information may include switching gap/period). As to claim 8, Rastegardoost discloses a communication method, comprising: receiving, by a network device (gNB, see e.g., Fig. 26:gNB), third information from a terminal device, wherein the third information comprises a jth second switching delay, the jth second switching delay is a delay for switching by the terminal device between a first frequency band group and a second frequency band group, the jth second switching delay is one of M second switching delays, the first frequency band group and the second frequency band group each comprise at least one frequency band, and M is a positive integer; and determining, by the network device, scheduling of uplink data based on the third information (see similar rejection to claim 1 where UE sends info to gNB). As to claim 15, Rastegardoost discloses an apparatus (wireless device 106 or UE 210 [0055]; see e.g., Fig. 26:UE),comprising: at least one processor (Fig. 15: 1518); and one or more memories (Fig. 15: 1524) coupled to the at least one processor and storing programming instructions for execution by the at least one processor to: determine M second switching delays, wherein a jth second switching delay is a delay for switching between a first frequency band group and a second frequency band group, the jth second switching delay is one of the M second switching delays, the first frequency band group and the second frequency band group each comprise at least one frequency band, and M is a positive integer; and send third information, wherein the third information comprises the jth second switching delay. (See similar rejection to claim 1, where the claimed method is performed by the apparatus.) Dependent claims As to claim 2, Rastegardoost discloses the method according to claim 1, wherein the third information further comprises a first frequency band group identifier and a second frequency band group identifier (see e.g., [0271] where the group identifier can be ULTxSwitchingBandPair [0316], or index of first and second frequency bands. As another alternative, see [0280] with repsect to uplinkTxSwitchingCarrier). Note: examiner takes reasonable but broadest interpretation with respect to group identifier given applicant does not provide a concise explanation and their own specification in paragraph [0017] notes the term merely provides some type of one-to-one correspondence. As to claim 3, Rastegardoost discloses the method according to claim 2, wherein the method further comprises: receiving, by the terminal device, frequency band group identification information from the network device, wherein the frequency band group identification information comprises the first frequency band group identifier and the second frequency band group identifier (see e.g., Fig. 27:RRC configuration of … uplink TX switching, in response to UE capability information sent by UE [0362]). As to claim 4, Rastegardoost discloses the method according to claim 2, wherein the third information further comprises quantities of transmit radio frequency chains supported by the terminal device in the frequency bands comprised in the first frequency band group and the second frequency band group, and the third information is used by the network device to determine scheduling of uplink data (see e.g., [0394]). As to claim 6, Rastegardoost discloses the method according to claim 2, wherein a second switching delay is an item in a second switching set, and the second switching set comprises 35 microseconds (see e.g., [0277] and [0337]). As to claim 9, Rastegardoost discloses the method according to claim 8, wherein the third information further comprises a first frequency band group identifier and a second frequency band group identifier. See similar rejection to claim 2. As to claim 10, Rastegardoost discloses the method according to claim 9, wherein the method further comprises: sending, by the network device, frequency band group identification information to the terminal device, wherein the frequency band group identification information comprises the first frequency band group identifier and the second frequency band group identifier. See similar rejection to claim 3. As to claim 11, Rastegardoost discloses the method according to claim 9, wherein the third information further comprises quantities of transmit radio frequency chains supported by the terminal device in the frequency bands comprised in the first frequency band group and the second frequency band group. See similar rejection to claim 4. As to claim 13, Rastegardoost discloses the method according to claim 9, wherein a second switching delay is an item in a second switching set, and the second switching set comprises 35 microseconds. See similar rejection to claim 6. As to claim 16, Rastegardoost discloses the apparatus according to claim 15, wherein the third information further comprises a first frequency band group identifier and a second frequency band group identifier. See similar rejection to claim 2. As to claim 17, Rastegardoost discloses the apparatus according to claim 16, wherein the programming instructions are for execution by the at least one processor to: receive frequency band group identification information, wherein the frequency band group identification information comprises the first frequency band group identifier and the second frequency band group identifier. See similar rejection to claim 3. As to claim 18, Rastegardoost discloses the apparatus according to claim 16, wherein the third information further comprises quantities of transmit radio frequency chains supported by the apparatus in the frequency bands comprised in the first frequency band group and the second frequency band group, and the third information is used by an network device to determine scheduling of uplink data. See similar rejection to claim 4. Claim(s) Claim(s) 1-4, 6-11, 13-18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20250089033 A1 to WANG et al. “WANG” Examiner notes support in provisional US 63/304,514 filed 1/28/2022, especially General aspects on p. 4 and Length and Location of switching period on p. 7. NOTE: all citations are drawn to PGPub of WANG unless otherwise specified. Independent claims As to claim 1, WANG discloses a communication method, comprising: determining, by a terminal device (UE [0139]), M second switching delays (see e.g., [0051]) , wherein a jth second switching delay is a delay for switching by the terminal device between a first frequency band group and a second frequency band group (see e.g., [0050] and uplinkTXSwitchingPeriod); [0066] where per band for more than one band\group; [0097]), the jth second switching delay is one of the M second switching delays, the first frequency band group and the second frequency band group each comprise at least one frequency band, and M is a positive integer; and sending, by the terminal device, third information to a network device, wherein the third information comprises the jth second switching delay (may be reported via a particular IE, such as the uplinkTxSwithingPeriod IE [0051]). As to claim 8, WANG discloses a communication method, comprising: receiving, by a network device (network device == base station, see e.g., [0004]), third information from a terminal device, wherein the third information comprises a jth second switching delay, the jth second switching delay is a delay for switching by the terminal device between a first frequency band group and a second frequency band group, the jth second switching delay is one of M second switching delays, the first frequency band group and the second frequency band group each comprise at least one frequency band, and M is a positive integer; and determining, by the network device, scheduling of uplink data based on the third information (see similar rejection to claim 1 where UE sends info to gNB [0140]). As to claim 15, WANG discloses an apparatus (== UE),comprising: at least one processor (Fig. 8:828); and one or more memories (Fig. 8:834) coupled to the at least one processor and storing programming instructions for execution by the at least one processor to: determine M second switching delays, wherein a jth second switching delay is a delay for switching between a first frequency band group and a second frequency band group, the jth second switching delay is one of the M second switching delays, the first frequency band group and the second frequency band group each comprise at least one frequency band, and M is a positive integer; and send third information, wherein the third information comprises the jth second switching delay. (See similar rejection to claim 1, where the claimed method is performed by the apparatus.) Dependent claims As to claim 2, WANG discloses the method according to claim 1, wherein the third information further comprises a first frequency band group identifier and a second frequency band group identifier (see e.g., [0066],[0097] which each band is show respectively ). Note: examiner takes reasonable but broadest interpretation with respect to group identifier given applicant does not provide a concise explanation and their own specification in paragraph [0017] notes the term merely provides some type of one-to-one correspondence. As to claim 3, WANG discloses the method according to claim 2, wherein the method further comprises: receiving, by the terminal device, frequency band group identification information from the network device, wherein the frequency band group identification information comprises the first frequency band group identifier and the second frequency band group identifier (see e.g., Fig. 6:602). As to claim 4, WANG discloses the method according to claim 2, wherein the third information further comprises quantities of transmit radio frequency chains supported by the terminal device in the frequency bands comprised in the first frequency band group and the second frequency band group, and the third information is used by the network device to determine scheduling of uplink data (see e.g., [0130-131]). As to claim 6, WANG discloses the method according to claim 2, wherein a second switching delay is an item in a second switching set, and the second switching set comprises 35 microseconds (see e.g., [0066]). As to claim 7, WANG discloses the method according to claim 1, wherein: the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises a frequency band #D, and the frequency band #D supports two radio frequency chains; or the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises the frequency band #A and a frequency band #C, and the frequency band #C supports one radio frequency chain (see e.g., [0065]. [0074]). As to claim 9, WANG discloses the method according to claim 8, wherein the third information further comprises a first frequency band group identifier and a second frequency band group identifier. See similar rejection to claim 2. As to claim 10, WANG discloses the method according to claim 9, wherein the method further comprises: sending, by the network device, frequency band group identification information to the terminal device, wherein the frequency band group identification information comprises the first frequency band group identifier and the second frequency band group identifier. See similar rejection to claim 3. As to claim 11, WANG discloses the method according to claim 9, wherein the third information further comprises quantities of transmit radio frequency chains supported by the terminal device in the frequency bands comprised in the first frequency band group and the second frequency band group. See similar rejection to claim 4. As to claim 13, WANG discloses the method according to claim 9, wherein a second switching delay is an item in a second switching set, and the second switching set comprises 35 microseconds. See similar rejection to claim 6. As to claim 14, WANG discloses the method according to claim 8, wherein: the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises a frequency band #D, and the frequency band #D supports two radio frequency chains; or the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises the frequency band #A and a frequency band #C, and the frequency band #C supports one radio frequency chain. See similar rejection to claim 7. As to claim 16, WANG discloses the apparatus according to claim 15, wherein the third information further comprises a first frequency band group identifier and a second frequency band group identifier. See similar rejection to claim 2. As to claim 17, WANG discloses the apparatus according to claim 16, wherein the programming instructions are for execution by the at least one processor to: receive frequency band group identification information, wherein the frequency band group identification information comprises the first frequency band group identifier and the second frequency band group identifier. See similar rejection to claim 3. As to claim 18, WANG discloses the apparatus according to claim 16, wherein the third information further comprises quantities of transmit radio frequency chains supported by the apparatus in the frequency bands comprised in the first frequency band group and the second frequency band group, and the third information is used by an network device to determine scheduling of uplink data. See similar rejection to claim 4. As to claim 20, WANG discloses the apparatus according to claim 15, wherein: the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises a frequency band #D, and the frequency band #D supports two radio frequency chains; or the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises the frequency band #A and a frequency band #C, and the frequency band #C supports one radio frequency chain. See similar rejection to claim 7. 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. Claim(s) 7, 14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20240357681 A1 to Rastegardoost et al. “Rastegardoost” In view of US 12,250,675 B2 to HAO et al. “HAO”. As to claim 7, Rastegardoost discloses general TX chaining with respect to the method according to claim 1, wherein: the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises a frequency band #D, and the frequency band #D supports two radio frequency chains; or the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises the frequency band #A and a frequency band #C, and the frequency band #C supports one radio frequency chain (see e.g., [0313]). Rastegardoost may be silent as to the specific TX switching scenarios covered in claim 7. HAO covers that the scenarios covered in claim 7 are possible. See col. 17, l. 50 to col. 18, l. 3. It would have been obvious to one of ordinary skilled in the art prior to applicant’s invention to include different TX switching schemes for various chaining scenarios to support multiple transmit chains (HAO, col 17, ll 51-53). Examiner notes a reasonable expectation of success for the combination of references since both are directed to TX switching within component carriers or bands. As to claim 14, Rastegardoost in view of HAO discloses the method according to claim 8, wherein: the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises a frequency band #D, and the frequency band #D supports two radio frequency chains; or the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises the frequency band #A and a frequency band #C, and the frequency band #C supports one radio frequency chain. See similar rejection to claim 7. As to claim 20, Rastegardoost in view of HAO discloses the apparatus according to claim 15, wherein: the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises a frequency band #D, and the frequency band #D supports two radio frequency chains; or the first frequency band group comprises a frequency band #A and a frequency band #B, the frequency band #A supports one radio frequency chain, and the frequency band #B supports one radio frequency chain, and wherein the second frequency band group comprises the frequency band #A and a frequency band #C, and the frequency band #C supports one radio frequency chain. See similar rejection to claim 7. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK W FERRIS whose telephone number is (571)272-3123. The examiner can normally be reached Mon. - Fri. 7 AM-3 PM. 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, Deborah Reynolds can be reached at (571-272-0734. 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. /DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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Prosecution Timeline

Sep 10, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
24%
Grant Probability
20%
With Interview (-4.2%)
3y 10m (~2y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 66 resolved cases by this examiner. Grant probability derived from career allowance rate.

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