Prosecution Insights
Last updated: August 17, 2026
Application No. 18/912,246

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102
Filed
Oct 10, 2024
Priority
Apr 13, 2022 — CN 202210383185.3 +1 more
Examiner
WONG, XAVIER S
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
893 granted / 1016 resolved
+27.9% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
38 currently pending
Career history
1038
Total Applications
across all art units

Statute-Specific Performance

§101
8.0%
-32.0% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
23.0%
-17.0% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1016 resolved cases

Office Action

§102
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN 101110383185.3, filed on 13th April 2022. ---------- ---------- ---------- Information Disclosure Statement The information disclosure statements (IDS) submitted on 20th November 2024 and 23rd April 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. ========== ========== ========== 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. Claims 1 – 7, 11 – 15, 19 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yi et al (US 2023/0078760 A1). Claim 1. Yi shows a communication method (abstract), comprising: receiving, by a control network element (figs. 4 – 12: (PLMN) RAN), first information from a terminal device ([0054]: the wireless device (SIM2, W-SIM2) may request registration indicating to access to PLMN2 via RAN of PLMN1; [0072]: the UE 102 may request an eMA PDU Session), wherein the first information comprises multi-3rd generation partnership project (multi-3GPP) access request indication information or change indication information ([0072]: the UE 102 is registered via both 3GPP networks (and non-3GPP accesses), or when the UE 102 is registered via one access only (and non-3GPP accesses) or when the UE 102 is registered with both non-3GPP access (and 3GPP access(es))); and determining, by the control network element based on the first information, whether to allow the terminal device to establish a multi-3GPP access session ([0009]: the PDU session establishment request can indicate a PDU session type being a multi-access PDU session across a plurality of access networks comprising a first access network of the first network and a second access network of a second network; [0070]: an access traffic steering, switching and splitting (ATSSS) feature 804 may be supported by the UE 102 and the 5GC network; [0087]: PDU Sessions can be established (e.g. upon UE request), modified (e.g. upon UE and 5GC request) and/or released (e.g. upon UE and 5GC request) using non-access stratum (NAS) SM signaling exchanged over N1 between the UE 102 and the SMF; [0120]: when the UE 102 establishes MA PDU Session, the SMF may indicate to the UE 102 whether non-3GPP access switching is supported and based on this indication, the UE 102 may determine to change non-3GPP access leg wherein whether and when to switch non-3GPP access can be determined by the UE 102; [0123]: the UE 102 can be registered over 3GPP access and untrusted non-3GPP access and established MA PDU Session. During the MA PDU Session Establishment, the UE 102 can indicate whether it supports non-3GPP access switching in the PDU Session Establishment Request message); wherein the multi-3GPP access request indication information indicates that the terminal device requests to establish the multi-3GPP access session ([0071] – [0072]: the enhanced multi-access PDU Connectivity Service is realized by establishing an enhanced Multi-Access PDU (MA PDU) Session, e.g. a PDU Session that may have user-plane resources on two or more access networks… the UE 102 may request an eMA PDU Session), and the change indication information indicates that the terminal device allows the control network element to change from establishing a dual access session or a single access session to establishing the multi-3GPP access session ([0041]: the wireless device can be active/connected via MNO network 202 and via MSO network 204, and the wireless device is in coverage of MSO access network 202 in which the wireless device can support ‘dual active’ capability in this case; [0070]: the ATSSS feature 804 can enable a multi-access PDU (MA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using one 3GPP access network (e.g. RAN 806) and one non-3GPP access network and two independent N3/N9 tunnels between the PSA and RAN/AN... the ATSSS feature 804 can enable an enhanced multi-access PDU (eMA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using two 3GPP access networks (and one non-3GPP access network)… the ATSSS feature 804 can enable an enhanced multi-access PDU (eMA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using two non-3GPP access networks (and one 3GPP access network); [0084]: the parameter may indicate an anchor network of the eMA-PDU session being the PLMN2 by indicating the eMA-PDU session type to the first network that is equipped with the ATSSS of the eMA PDU session across a plurality of access networks comprising RAN1 and RAN2; [0123]: considering the received capabilities of the UE 102, AMF and SMF capability, the SMF can indicate whether non-3GPP access switching is supported to the UE 102 in the PDU Session Establishment Accept message). Claim 2. Yi shows the method according to claim 1, wherein the multi-3GPP access session comprises a protocol data unit (PDU) session (abstract: an enhanced multi-access protocol data unit (PDU) session in a multi-network environment) and/or a public data network (PDN) session ([0075]: an enhanced Multi-Access PDU Session may, for the 3GPP access, use user-plane resources of an associated PDN Connection on 3GPP access in EPC (e.g. 4G network, LTE network, LTE core network) instead of the 3GPP access to 5GC (e.g. 5G core, 5G network, and/or NR core network)). Claim 3. Yi shows the method according to claim 1, wherein the determining, by the control network element based on the first information, whether to allow the terminal device to establish the multi-3GPP access session comprises: determining, by the control network element based on the first information and subscription data of the terminal device, whether to allow the multi-3GPP access session to be established ([0109]: when the SMF receives a PDU Session Establishment Request and a “MA PDU Request” indication and determines that UP security protection is required for the PDU Session, the SMF can only confirm the establishment of the eMA PDU session if the 3GPP access network can enforce the required UP security protection wherein the SMF needs not confirm whether the non-3GPP access can enforce the required UP security protection in these situations). Claim 4. the method according to claim 3, wherein the first information comprises the multi-3GPP access request indication information, and the determining, by the control network element based on the first information and the subscription data of the terminal device, whether to allow the multi-3GPP access session to be established comprises: determining, by the control network element based on the multi-3GPP access request indication information, that the terminal device requests to establish the multi-3GPP access session; and determining, by the control network element based on the subscription data of the terminal device, whether to allow the terminal device to establish the multi-3GPP access session. Claim 5. the method according to claim 3, wherein the first information comprises the change indication information, and the determining, by the control network element based on the first information and the subscription data of the terminal device, whether to allow the multi-3GPP access session to be established comprises: determining, by the control network element based on the change indication information, that the terminal device allows the multi-3GPP access session to be established; and determining, by the control network element based on the subscription data of the terminal device, whether the multi-3GPP access session can be established for the terminal device. Claim 6. Yi shows the method according to claim 1, wherein based on the control network element allowing the terminal device to establish the multi-3GPP access session, the method comprises: sending, by the control network element, a multi-3GPP access establishment indication to a policy control network element (PCF) ([0108]: the PCC rules provided by PCF can include eMA PDU Session Control information), wherein the multi-3GPP access establishment indication is used to determine a steering mode ([0106]: when the wireless device/UE 102 wants to request a new eMA-PDU session, in the PDU Session Establishment Request that is sent to request a new MA PDU Session, the UE 102 can provide also its ATSSS capabilities, which can indicate the steering functionalities and the steering modes supported in the UE 102); receiving, by the control network element, the steering mode from the PCF, wherein the steering mode indicates a traffic flow transmission sequence in the multi-3GPP access session ([0108]: they (the PCC rules provided by PCF) can be used by SMF to derive ATSSS rules for the UE and N4 rules for the UPF); and sending, by the control network element, the steering mode to the terminal device ([0070]: an access traffic steering, switching and splitting (ATSSS) feature 804 may be supported by the UE 102 and the 5GC network wherein the ATSSS feature 804 can enable a multi-access PDU (MA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using one 3GPP access network). Claim 7. Yi shows the method according to claim 6, wherein the steering mode comprises at least one of the following: an active-standby mode with a secondary steering mode ([0041]: the wireless device can be active/connected via MNO network 202 and via MSO network 204, and the wireless device is outside of coverage of MSO access network 204… the wireless device is not active via the MNO network 202 and is active/connected via the MSO network 204, and the wireless device is in coverage of MSO access network 204), a priority-based mode with a secondary steering mode (see above: in-coverage (active) and outside-of-coverage (inactive) imply, for example, signal quality priorities being used to determine coverage of the device), a load-balancing mode with a secondary steering mode (n/a), or a multi-3GPP access steering mode ([0031]: the user plane function of the anchor network performs traffic steering… flexible setup of a multi-access PDU session across multiple different types of networks where the multi-access PDU session may be established via multiple 3GPP accesses, multiple non-3GPP access, combinations of 3GPP and non-3GPP accesses, multiple networks operated by multiple different operators, multiple network operated by a single operator, multiple networks registered using a single credential, multiple networks registered using multiple credentials); and wherein the multi-3GPP access steering mode indicates a priority sequence of a plurality of 3GPP access technologies ([0031]: a decision on which network is the anchor network can be determined by the UE triggering the multi-access PDU session, for example, by indicating subscription information, coverage, link quality, cost, and/or the like – this implies that a “priority sequence” is determined using the factors mentioned). ----------- ---------- ---------- Claim 11. Yi shows a communication method (abstract), comprising: sending, by a terminal device (figs. 5 – 12: UE 102), first information to a control network element (figs. 8 and 10 and [0072]: the UE 102 may request an eMA PDU Session), wherein the first information is used to determine whether to allow the terminal device to establish a multi-3rd generation partnership project (multi-3GPP) access session ([0072]: the UE 102 is registered via both 3GPP networks (and non-3GPP accesses), or when the UE 102 is registered via one access only (and non-3GPP accesses) or when the UE 102 is registered with both non-3GPP access (and 3GPP access(es))), and the first information comprises multi-3GPP access request indication information or change indication information ([0009]: the PDU session establishment request can indicate a PDU session type being a multi-access PDU session across a plurality of access networks comprising a first access network of the first network and a second access network of a second network; [0070]: an access traffic steering, switching and splitting (ATSSS) feature 804 may be supported by the UE 102 and the 5GC network; [0087]: PDU Sessions can be established (e.g. upon UE request), modified (e.g. upon UE and 5GC request) and/or released (e.g. upon UE and 5GC request) using non-access stratum (NAS) SM signaling exchanged over N1 between the UE 102 and the SMF; [0120]: when the UE 102 establishes MA PDU Session, the SMF may indicate to the UE 102 whether non-3GPP access switching is supported and based on this indication, the UE 102 may determine to change non-3GPP access leg wherein whether and when to switch non-3GPP access can be determined by the UE 102; [0123]: the UE 102 can be registered over 3GPP access and untrusted non-3GPP access and established MA PDU Session. During the MA PDU Session Establishment, the UE 102 can indicate whether it supports non-3GPP access switching in the PDU Session Establishment Request message); wherein the multi-3GPP access request indication information indicates that the terminal device requests to establish the multi-3GPP access session ([0071] – [0072]: the enhanced multi-access PDU Connectivity Service is realized by establishing an enhanced Multi-Access PDU (MA PDU) Session, e.g. a PDU Session that may have user-plane resources on two or more access networks… the UE 102 may request an eMA PDU Session), and the change indication information indicates that the terminal device allows the control network element to change from establishing a dual access session or a single access session to establishing the multi-3GPP access session ([0041]: the wireless device can be active/connected via MNO network 202 and via MSO network 204, and the wireless device is in coverage of MSO access network 202 in which the wireless device can support ‘dual active’ capability in this case; [0070]: the ATSSS feature 804 can enable a multi-access PDU (MA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using one 3GPP access network (e.g. RAN 806) and one non-3GPP access network and two independent N3/N9 tunnels between the PSA and RAN/AN... the ATSSS feature 804 can enable an enhanced multi-access PDU (eMA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using two 3GPP access networks (and one non-3GPP access network)… the ATSSS feature 804 can enable an enhanced multi-access PDU (eMA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using two non-3GPP access networks (and one 3GPP access network); [0084]: the parameter may indicate an anchor network of the eMA-PDU session being the PLMN2 by indicating the eMA-PDU session type to the first network that is equipped with the ATSSS of the eMA PDU session across a plurality of access networks comprising RAN1 and RAN2; [0123]: considering the received capabilities of the UE 102, AMF and SMF capability, the SMF can indicate whether non-3GPP access switching is supported to the UE 102 in the PDU Session Establishment Accept message). Claim 19. Yi shows a communication apparatus (figs. 5 – 12: UE 102), comprising: a memory storing a computer program (the UE must have memory to run); and a processor configured to execute the computer program stored in the memory (the UE must have processor and memory to run), to enable the communication apparatus to perform operations comprising: sending first information to a control network element (figs. 8 and 10 and [0072]: the UE 102 may request an eMA PDU Session), wherein the first information is used to determine whether to allow the communication apparatus to establish a multi-3rd generation partnership project (multi-3GPP) access session ([0072]: the UE 102 is registered via both 3GPP networks (and non-3GPP accesses), or when the UE 102 is registered via one access only (and non-3GPP accesses) or when the UE 102 is registered with both non-3GPP access (and 3GPP access(es))), and the first information comprises multi-3GPP access request indication information or change indication information ([0009]: the PDU session establishment request can indicate a PDU session type being a multi-access PDU session across a plurality of access networks comprising a first access network of the first network and a second access network of a second network; [0070]: an access traffic steering, switching and splitting (ATSSS) feature 804 may be supported by the UE 102 and the 5GC network; [0087]: PDU Sessions can be established (e.g. upon UE request), modified (e.g. upon UE and 5GC request) and/or released (e.g. upon UE and 5GC request) using non-access stratum (NAS) SM signaling exchanged over N1 between the UE 102 and the SMF; [0120]: when the UE 102 establishes MA PDU Session, the SMF may indicate to the UE 102 whether non-3GPP access switching is supported and based on this indication, the UE 102 may determine to change non-3GPP access leg wherein whether and when to switch non-3GPP access can be determined by the UE 102; [0123]: the UE 102 can be registered over 3GPP access and untrusted non-3GPP access and established MA PDU Session. During the MA PDU Session Establishment, the UE 102 can indicate whether it supports non-3GPP access switching in the PDU Session Establishment Request message); wherein the multi-3GPP access request indication information indicates that the communication apparatus requests to establish the multi-3GPP access session ([0071] – [0072]: the enhanced multi-access PDU Connectivity Service is realized by establishing an enhanced Multi-Access PDU (MA PDU) Session, e.g. a PDU Session that may have user-plane resources on two or more access networks… the UE 102 may request an eMA PDU Session), and the change indication information indicates that the communication apparatus allows the control network element to change from establishing a dual access session or a single access session to establishing the multi-3GPP access session ([0041]: the wireless device can be active/connected via MNO network 202 and via MSO network 204, and the wireless device is in coverage of MSO access network 202 in which the wireless device can support ‘dual active’ capability in this case; [0070]: the ATSSS feature 804 can enable a multi-access PDU (MA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using one 3GPP access network (e.g. RAN 806) and one non-3GPP access network and two independent N3/N9 tunnels between the PSA and RAN/AN... the ATSSS feature 804 can enable an enhanced multi-access PDU (eMA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using two 3GPP access networks (and one non-3GPP access network)… the ATSSS feature 804 can enable an enhanced multi-access PDU (eMA-PDU) Connectivity Service, which can exchange PDUs between the UE 102 and a data network by simultaneously using two non-3GPP access networks (and one 3GPP access network); [0084]: the parameter may indicate an anchor network of the eMA-PDU session being the PLMN2 by indicating the eMA-PDU session type to the first network that is equipped with the ATSSS of the eMA PDU session across a plurality of access networks comprising RAN1 and RAN2; [0123]: considering the received capabilities of the UE 102, AMF and SMF capability, the SMF can indicate whether non-3GPP access switching is supported to the UE 102 in the PDU Session Establishment Accept message). Claim 12 (similarly claim 20). Yi shows the method according to claim 11, further comprising: obtaining, by the terminal device, a dual-registration capability indication, wherein the dual-registration capability indication indicates that the terminal device is allowed to register with a first network and a second network ([0039]: when the wireless device is equipped with dual SIM (e.g. both the first SIM 106 “SIM1” and the second SIM 110 “SIM2”), the wireless device can have a first phone number via an MNO network 202 and a second phone number via an MSO network 204; [0041]: the wireless device can support ‘dual active’ capability). Claim 13. Yi shows the method according to claim 11, wherein the multi-3GPP access session comprises a protocol data unit (PDU) session (abstract: an enhanced multi-access protocol data unit (PDU) session in a multi-network environment) and/or a public data network (PDN) session ([0075]: an enhanced Multi-Access PDU Session may, for the 3GPP access, use user-plane resources of an associated PDN Connection on 3GPP access in EPC). Claim 14. Yi shows the method according to claim 11, wherein based on the control network element allowing the terminal device to establish the multi-3GPP access session, the method further comprises: receiving, by the terminal device, a steering mode from the control network element ([0031]: the UE can use an anchor network, where the anchor network manages the multi-access PDU session, and the user plane function of the anchor network performs traffic steering, splitting and switching function for the multi-access PDU session), wherein the steering mode indicates a traffic flow transmission sequence in the multi-3GPP access session (see above); and transmitting, by the terminal device, a traffic flow based on the steering mode ([0106]: the UE 102 can provide also its ATSSS capabilities, which can indicate the steering functionalities and the steering modes supported in the UE 102). Claim 15. Yi shows the method according to claim 14, wherein the steering mode comprises at least one of the following: an active-standby mode with a secondary steering mode ([0041]: the wireless device can be active/connected via MNO network 202 and via MSO network 204, and the wireless device is outside of coverage of MSO access network 204… the wireless device is not active via the MNO network 202 and is active/connected via the MSO network 204, and the wireless device is in coverage of MSO access network 204), a priority-based mode with a secondary steering mode (see above: in-coverage (active) and outside-of-coverage (inactive) imply, for example, signal quality priorities being used to determine coverage of the device), a load-balancing mode with a secondary steering mode (n/a), or a multi-3GPP access steering mode ([0031]: the user plane function of the anchor network performs traffic steering… flexible setup of a multi-access PDU session across multiple different types of networks where the multi-access PDU session may be established via multiple 3GPP accesses, multiple non-3GPP access, combinations of 3GPP and non-3GPP accesses, multiple networks operated by multiple different operators, multiple network operated by a single operator, multiple networks registered using a single credential, multiple networks registered using multiple credentials); and wherein the multi-3GPP access steering mode indicates a priority sequence of a plurality of 3GPP access technologies ([0031]: a decision on which network is the anchor network can be determined by the UE triggering the multi-access PDU session, for example, by indicating subscription information, coverage, link quality, cost, and/or the like – this implies that a “priority sequence” is determined using the factors mentioned). ========== ========== ========== Allowable Subject Matter Claims 8 – 10 and 16 – 18 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 is considered pertinent to applicant’s disclosure. Kaippallimalil et al, US 2014/0078986 A1: a method, implemented by a network component using a dedicated protocol for supporting Packet Data Network (PDN) connections over a wireless access network, the method comprising receiving, from a user equipment (UE), a request to create a session associated with a PDN connection, the request indicating an Access Point Name (APN); assigning a gateway Internet Protocol (IP) interface on a link between the UE and the network component; sending, to the UE, an acknowledgement to create a session, the acknowledgement including the gateway IP interface; sending, to a PDN gateway, a request for establishing the PDN connection; and receiving, from the PDN gateway, a response including an assigned IP address for the session. Liao et al, US 2021/0007166 A1: an apparatus for an application function (AF) configured for operation in a fifth-generation system (5GS) for enabling multiple access management service (MAMS), the apparatus comprising: processing circuitry configured to encode, for transmission to one of a network exposure function (NEF) if the AF is in an external data network or policy control function (PCF) if the AF is in a trusted domain, an event report request for service subscription to an event report of a user equipment (UE), the event report indicating a current status or a change in an event status for the UE from a network function; decode, from the one of the NEF or PCF, a particular event report indicating a status of a requested event for the UE; and memory configured to store the event report. Salkintzis et al, US 2025/0056270 A1: an apparatus in a mobile communication network, the apparatus comprising: a transceiver that communicates with a Session Management Function (“SMF”) in the mobile communication network and communicates with a User Equipment (“UE”) via a plurality of access networks; and a processor that receives, from the SMF, a request to establish a multiaccess connection for the UE, the multiaccess connection comprising a set of access networks, wherein the request comprises a plurality of reporting events and Quality of Service (“QoS”) monitoring information indicating that at least one QoS monitoring procedure is to be used for taking measurements for at least one QoS parameter on each access network in the set of access networks; and initiates at least one QoS monitoring procedure for taking measurements for the at least one QoS parameter on each access network in the set of access networks. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Xavier Szewai Wong whose telephone number is 571.270.1780. The examiner can normally be reached on 11:30 am - 8:30 pm Mon to Fri. 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, Jeffrey Rutkowski can be reached on 571.270.1215. The fax phone 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. /XAVIER S WONG/Primary Examiner, Art Unit 2415 20th July 2026
Read full office action

Prosecution Timeline

Oct 10, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+10.3%)
2y 9m (~11m remaining)
Median Time to Grant
Low
PTA Risk
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