Prosecution Insights
Last updated: August 17, 2026
Application No. 18/906,820

UPLINK TRANSMISSION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Oct 04, 2024
Priority
Apr 08, 2022 — CN 202210370157.8 +1 more
Examiner
CUNNINGHAM, KEVIN M
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
432 granted / 603 resolved
+11.6% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
45 currently pending
Career history
646
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
59.3%
+19.3% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 603 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 . 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. Claims 1, 4, 5, 8, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Rastegardoost et al (US 2024/0357681, hereinafter Rastegardoost, claiming the priority date of provisional application 63/295,186) and in view of Huang et al (US 2025/0016817, hereinafter Huang). Regarding claim 1, Rastegardoost discloses an uplink transmission method, comprising: receiving, by a terminal device, first information, wherein the first information indicates the terminal device to perform 1-antenna-port uplink transmission on a first carrier, and the terminal device supports uplink switching performed in at least three frequency bands (UE configured with uplink switching, Para [0290], UE can transmit 1-port transmission on one uplink carrier, Para [0291], UE can receive RRC message for UL Tx switching across more than two bands, Para [0356]); and sending, by the terminal device, the uplink transmission in the radio frequency chain state that is after the uplink switching (UE configured with uplink switching across more than two carriers/bands, Para [0376], UE performs UL transmissions after the uplink switching, Fig. 27, UE can reconfigure RF chain to support transmission, Para [0358]. Also see from Para [0272-274] and Fig. 27 the provisional application); but does not explicitly disclose determining, by the terminal device based on a first radio resource control RRC parameter and/or indication signaling in at least three radio frequency chain states supporting the uplink transmission, a radio frequency chain state that is after the uplink switching. Huang discloses UE may perform UL switching to switch the RF chains, Para [0004], UE can receive RRC signaling that indicates whether the UE should use case 1 or case 2 for uplink transmissions, where the UE supports any quantity of RF chains over any quantity of component carriers, Para [0103], where the cases are RF chain configurations, Para [0102]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rastegardoost in the system of Huang and in order to use a quantity of available RF chains to reduce latency, improve throughput and improve communication reliability. Regarding claims 4 and 11, Rastegardoost discloses the method/apparatus according to claim 1/8, further comprising: receiving the first RRC parameter and/or indication signaling from a network device. Huang discloses UE can receive RRC signaling that indicates whether the UE should use case 1 or case 2 for uplink transmissions, where the UE supports any quantity of RF chains over any quantity of component carriers, Para [0103], where the cases are RF chain configurations, Para [0102], received from a base station, Fig. 2. Regarding claim 5, Rastegardoost discloses an uplink transmission method, comprising: sending, by a network device, first information, wherein the first information indicates a terminal device to perform 1-antenna-port uplink transmission on a first carrier, and the terminal device supports uplink switching performed in at least three frequency bands (UE configured with uplink switching, Para [0290], UE can transmit 1-port transmission on one uplink carrier, Para [0291], UE can receive RRC message, from gNB, for UL Tx switching across more than two bands, Para [0356]); and receiving, by the network device, the uplink transmission from the terminal device in the radio frequency chain state that is after the uplink switching (UE configured with uplink switching across more than two carriers/bands, Para [0376], UE performs UL transmissions after the uplink switching, received by gNB, Fig. 27,UE can reconfigure RF chain to support transmission, Para [0358]. Also see from Para [0272-274] and Fig. 27 the provisional application); but does not disclose sending, by the network device, a first RRC parameter and/or indication signaling to the terminal device, wherein the first RRC parameter and/or the indication signaling are/is for the terminal device to determine, in at least three radio frequency chain states supporting the uplink transmission, a radio frequency chain state that is after the uplink switching. Huang discloses UE may perform UL switching to switch the RF chains, Para [0004], UE can receive RRC signaling, from BS, that indicates whether the UE should use case 1 or case 2 for uplink transmissions, where the UE supports any quantity of RF chains over any quantity of component carriers, Para [0103], where the cases are RF chain configurations, Para [0102]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rastegardoost in the system of Huang and in order to use a quantity of available RF chains to reduce latency, improve throughput and improve communication reliability. Regarding claim 8, Rastegardoost discloses a communication apparatus (wireless device, Fig. 15) corresponding to a terminal device, comprising: at least one processor and a memory (processing system and memory, Fig. 15) storing programming instructions for execution by the at least one processor, the programming instructions instructing the communication apparatus to perform operations comprising: receiving first information, wherein the first information indicates the terminal device to perform 1-antenna-port uplink transmission on a first carrier, and the terminal device supports uplink switching performed in at least three frequency bands (UE configured with uplink switching, Para [0290], UE can transmit 1-port transmission on one uplink carrier, Para [0291], UE can receive RRC message for UL Tx switching across more than two bands, Para [0356]); and sending, by the terminal device, the uplink transmission in the radio frequency chain state that is after the uplink switching (UE configured with uplink switching across more than two carriers/bands, Para [0376], UE performs UL transmissions after the uplink switching, Fig. 27,UE can reconfigure RF chain to support transmission, Para [0358]. Also see from Para [0272-274] and Fig. 27 the provisional application); but does not explicitly disclose determining, by the terminal device based on a first radio resource control RRC parameter and/or indication signaling in at least three radio frequency chain states supporting the uplink transmission, a radio frequency chain state that is after the uplink switching. Huang discloses UE may perform UL switching to switch the RF chains, Para [0004], UE can receive RRC signaling that indicates whether the UE should use case 1 or case 2 for uplink transmissions, where the UE supports any quantity of RF chains over any quantity of component carriers, Para [0103], where the cases are RF chain configurations, Para [0102]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rastegardoost in the system of Huang and in order to use a quantity of available RF chains to reduce latency, improve throughput and improve communication reliability. Regarding claim 12, Rastegardoost discloses a communication apparatus (base station, Fig. 15), comprising: at least one processor and a memory (processing system and memory, Fig. 15) storing programming instructions for execution by the at least one processor, the programming instructions instructing the communication apparatus to perform operations comprising: sending first information, wherein the first information indicates a terminal device to perform 1-antenna-port uplink transmission on a first carrier, and the terminal device supports uplink switching performed in at least three frequency bands; (UE configured with uplink switching, Para [0290], UE can transmit 1-port transmission on one uplink carrier, Para [0291], UE can receive RRC message, from gNB, for UL Tx switching across more than two bands, Para [0356]); and receiving, by the network device, the uplink transmission from the terminal device in the radio frequency chain state that is after the uplink switching (UE configured with uplink switching across more than two carriers/bands, Para [0376], UE performs UL transmissions after the uplink switching, received by gNB, Fig. 27,UE can reconfigure RF chain to support transmission, Para [0358]. Also see from Para [0272-274] and Fig. 27 the provisional application); but does not disclose sending, by the network device, a first RRC parameter and/or indication signaling to the terminal device, wherein the first RRC parameter and/or the indication signaling are/is for the terminal device to determine, in at least three radio frequency chain states supporting the uplink transmission, a radio frequency chain state that is after the uplink switching. Huang discloses UE may perform UL switching to switch the RF chains, Para [0004], UE can receive RRC signaling, from BS, that indicates whether the UE should use case 1 or case 2 for uplink transmissions, where the UE supports any quantity of RF chains over any quantity of component carriers, Para [0103], where the cases are RF chain configurations, Para [0102]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rastegardoost in the system of Huang and in order to use a quantity of available RF chains to reduce latency, improve throughput and improve communication reliability. Allowable Subject Matter Claims 2, 3, 6, 7, 9, 10 and 13-20 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax 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. /KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Oct 04, 2024
Application Filed
Nov 25, 2024
Response after Non-Final Action
Jul 22, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12696266
METHOD FOR UPLINK TRANSMISSION AND DEVICE THEREOF
3y 4m to grant Granted Jul 28, 2026
Patent 12696260
TECHNIQUES FOR DETERMINING A TRAFFIC STREAM FOR A SEMI-PERSISTENT SCHEDULING FLOW
3y 1m to grant Granted Jul 28, 2026
Patent 12690032
TRANSMISSION BATCH SCHEDULING AND RESOURCE MANAGEMENT
2y 5m to grant Granted Jul 21, 2026
Patent 12684617
METHOD AND DEVICE FOR PERFORMING WIRELESS COMMUNICATION IN UNLICENSED BAND
5y 4m to grant Granted Jul 14, 2026
Patent 12684563
METHOD AND APPARATUS FOR HARMONIZING UPLINK GRANTS
3y 5m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
83%
With Interview (+11.2%)
2y 9m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 603 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month