Prosecution Insights
Last updated: August 18, 2026
Application No. 18/896,381

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Sep 25, 2024
Priority
Mar 28, 2022 — CN 202210317093.5 +1 more
Examiner
GILLIS, BRIAN J
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
191 granted / 268 resolved
+11.3% vs TC avg
Strong +26% interview lift
Without
With
+25.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
6 currently pending
Career history
272
Total Applications
across all art units

Statute-Specific Performance

§101
13.2%
-26.8% vs TC avg
§103
43.4%
+3.4% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 268 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 . 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-7, 9-13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fard et al (US PGPUB US2019/0394833). (Claim 1 discloses) a communication method, comprising: obtaining, by a session management device, tunnel information corresponding to transmission paths in a multi-access session, wherein the transmission paths comprise a first transmission path and a second transmission path, and access technologies corresponding to the first transmission path and the second transmission path are of a 3rd generation partnership project (3GPP) access type, or access technologies corresponding to the first transmission path and the second transmission path are of a non-3rd generation partnership project 3GPP access type (Fard, paragraphs 282, 304, 385, 436, and figures 16 and 19).); and sending, to a mobility management device, the tunnel information and access technology information that correspond to the transmission paths, wherein the access technology information is used by the mobility management device to determine an access network device (Fard et al paragraphs 373, 382, 427, 429, and figure 16)). (Claim 2 discloses) the method according to claim 1, wherein the sending, to the mobility management device, the tunnel information and the access technology information that correspond to the transmission paths comprises: sending a transmission message to the mobility management device, wherein the transmission message comprises first tunnel information and access technology information corresponding to the first transmission path, and second tunnel information and access technology information corresponding to the second transmission path; or sending a first transmission message to the mobility management device, wherein the first transmission message comprises first tunnel information and access technology information corresponding to the first transmission path; and sending a second transmission message to the mobility management device, wherein the second transmission message comprises second tunnel information and access technology information corresponding to the second transmission path (Fard paragraph 447)). (Claim 3 discloses) the method according to claim 1, wherein before the sending to the mobility management device, the tunnel information and the access technology information that correspond to the transmission paths, the method further comprises: receiving first information from the mobility management device, wherein the first information is used to obtain the tunnel information corresponding to the transmission paths, and the first information comprises one or more of the following: a first quantity of transmission paths registered by a terminal device, or one or more access technologies (Fard et al paragraph 195)). (Claim 4 discloses) The method according to claim 3, further comprising: sending second information to a policy control device, wherein the second information is used to obtain steering information; and receiving the steering information from the policy control device, wherein the steering information comprises steering information of the first transmission path and the second transmission path (Fard et al paragraphs 295 and 491-492)). (Claim 5 discloses) the method according to claim 4, wherein the second information comprises one or more of the following: the first quantity of transmission paths registered by the terminal device, the one or more access technologies, or a quantity of access technologies (Fard et al shows RAT info is included paragraph 294)). (Claim 6 discloses) The method according to claim 4, wherein the steering information indicates the terminal device to transmit data through a target transmission path, and the target transmission path is one or more of the transmission paths registered by the terminal device (Fard et al paragraphs 295, 491-492)). (Claim 7 discloses) the method according to claim 1, wherein the obtaining, by a session management device, the tunnel information corresponding to transmission paths comprises: assigning the tunnel information corresponding to the transmission paths; or receiving from a user plane device, the tunnel information corresponding to the transmission paths (Fard et al paragraph 226)). (Claim 9 discloses) the method according to claim 1, wherein an access network device corresponding to the first transmission path is any one of the following: a 3GPP access network device, a trusted non-3GPP access network device, an untrusted non- 3GPP access network device, or a wireline access gateway; and an access network device corresponding to the second transmission path is any one of the following: a 3GPP access network device, a trusted non-3GPP access network device, an untrusted non- 3GPP access network device, or a wireline access gateway (Fard et al paragraph 373)). (Claim 10 discloses) a communication method, comprising: receiving, by a mobility management device from a session management device, tunnel information and access technology information that correspond to transmission paths in a multi- access session, wherein the transmission paths comprise a first transmission path and a second transmission path, and access technologies corresponding to the first transmission path and the second transmission path are of a 3rd generation partnership project (3GPP} access type, or access technologies corresponding to the first transmission path and the second transmission path are of a non 3GPP access type (Fard et al 282, 304, 373, 382, 385, 427, 429, 436, Figures 16 and 19).); determining a first access network device based on access technology information corresponding to the first transmission path; and sending to the first access network device, first tunnel information corresponding to the first transmission path (Fard et al paragraphs 434 and 473).); and determining a second access network device based on access technology information corresponding to the second transmission path; and sending to the second access network device, second tunnel information corresponding to the second transmission path (Fard et al paragraphs 300, 304, 436, and 447)). (Claim 11 discloses) the method according to claim 10, wherein the receiving, by the mobility management device from the session management device, the tunnel information and the access technology information that correspond to transmission paths comprises: receiving a transmission message from the session management device, wherein the transmission message comprises the first tunnel information and the access technology information that correspond to the first transmission path, and the second tunnel information and the access technology information that correspond to the second transmission path; or receiving a first transmission message from the session management device, wherein the first transmission message comprises the first tunnel information and the access technology information that correspond to the first transmission path; and receiving a second transmission message from the session management device, wherein the second transmission message comprises the second tunnel information and the access technology information that correspond to the second transmission path (Fard paragraph 447)). (Claim 12 discloses) the method according to claim 10, wherein before the receiving, by the mobility management device from the session management device, the tunnel information and the access technology information that correspond to transmission paths, the method further comprises: sending first information to the session management device, wherein the first information is used to obtain the tunnel information corresponding to the transmission paths, and the first information comprises one or more of the following: a first quantity of transmission paths registered by a terminal device or one or more pieces of access technology information (Fard et al paragraph 195)). (Claim 13 discloses) the method according to claim 10, further comprising: receiving steering information of the first transmission path and the second transmission path; and sending the steering information to a terminal device (Fard et al paragraphs 295 and 491-492)). (Claim 16 discloses) the method according to claim 10, wherein an access network device corresponding to the first transmission path is any one of the following: a 3GPP access network device, a trusted non-3GPP access network device, an untrusted non- 3GPP access network device, or a wireline access gateway; and an access network device corresponding to the second transmission path is any one of the following: a 3GPP access network device, a trusted non-3GPP access network device, an untrusted non- 3GPP access network device, or a wireline access gateway (Fard et al paragraph 373)). 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. 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. Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fard et al (US PGPUB US2019/0394833) in view of Youn et al (US PGPUB US2025/0168801). Claim 17 discloses the method according to claim 10, further comprising: when the access network device corresponding to the first transmission path and the access network device corresponding to the second transmission path each are a non-3GPP access network device, receiving third information from a first non- 3GPP access network device on the first transmission path, wherein the third information comprises one or more of the following: a quantity of internet protocol security child security associations (IPsec child Sas) established between the first non-3GPP access network device and a terminal device, a differentiated services code point (DSCP) value corresponding to each IPsec child SA, a quality of service flow identifier (QFI) associated with each IPsec child SA, or an identifier corresponding to each IPsec child SA; and sending the third information to a second non-3GPP access network device on the second transmission path, wherein the third information is used by the second non-3GPP access network device to establish a user plane resource with the terminal device. Fard et al teaches the QFI associated with the IPsec child SA is associated and used (paragraph 279). It fails to teach sending the third information to a second non-3GPP access network device on the second transmission path, wherein the third information is used by the second non-3GPP access network device to establish a user plane resource with the terminal device. Youn et al teaches establishing a user plane resource over the second non-3GPP access (Youn et al paragraph 349). Fard et al and Youn et al are analogous art because they are both related to session management functions. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to use the feature in Youn et al with the system in Fard et al because a system to ensure traffic is seamlessly switched is provided (Youn et al, paragraph 8). Claim 18 discloses the method according to claim 17, wherein the access network device corresponding to the first transmission path implements a non-3GPP interworking function (N3IWF), and the access network device corresponding to the second transmission path implements a trusted non-3GPP gateway function (TNGF). Youn et al further teaches on path is an untrusted non-3GPP using N3IWF and the other is a trusted non-3GPP using TNGF (paragraph 259). Allowable Subject Matter Claims 8, 14, 15, 19, and 20 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sugawara (US PGPUB US2022/0279384) teaches of user equipment and session management function. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian J Gillis whose telephone number is (571)272-7952. The examiner can normally be reached M-F. 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 Jensen can be reached at 571-270-5443. 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. /BRIAN J. GILLIS/ Primary Examiner, Art Unit 2472
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Prosecution Timeline

Sep 25, 2024
Application Filed
Mar 27, 2025
Response after Non-Final Action
Jul 29, 2026
Non-Final Rejection mailed — §102, §103 (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
71%
Grant Probability
97%
With Interview (+25.7%)
4y 0m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 268 resolved cases by this examiner. Grant probability derived from career allowance rate.

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