Prosecution Insights
Last updated: April 18, 2026
Application No. 18/923,268

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102§103
Filed
Oct 22, 2024
Examiner
FOTAKIS, ARISTOCRATIS
Art Unit
2633
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
531 granted / 745 resolved
+9.3% vs TC avg
Strong +31% interview lift
Without
With
+30.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
35 currently pending
Career history
780
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 745 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 Objections Claims 16 – 17 are objected to because of the following informalities: Re claim 16, “receiving, by a first communication apparatus, a first indication parameter,” in line 6 could be corrected to “receiving, by the communication apparatus, a first indication parameter,”. Appropriate correction is required. Re claim 16, “determining, by the first communication apparatus, the first codeword-to-layer mapping…” in line 9 could be corrected to “determining, by the Re claim 17, “determining, by a second communication apparatus, a first indication parameter,” in line 6 could be corrected to “determining, by the communication apparatus, a first indication parameter,”. Appropriate correction is required. Re claim 17, “sending, by the second communication apparatus, the first indication parameter…” in line 9 could be corrected to “sending, by the 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)(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. Claims 1 – 3, 5, 7 – 12 and 15 – 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (US 2023/0035992). Re claim 1, Zhang teaches of a communication method, comprising: receiving, by a first communication apparatus (UE, Paragraphs 0080 – 0081), a first indication parameter (configuration information, #604, Fig.6), wherein there is a correspondence between the first indication parameter and a first codeword-to-layer mapping (“The number of codewords and the number of transmission layers may be based on the scheduling information or the configuration information.”, Paragraph 0084 and “the base station may indicate which mapping scheme the UE is to use. This may be indicated directly in control signaling or by indication of specific transmission configurations”, Paragraphs 0085 – 0088); and determining, by the first communication apparatus, the first codeword-to-layer mapping based on the first indication parameter (#612, Fig.6 and Paragraphs 0084 – 0088). Re claim 9, Zhang teaches of a communication method, comprising: determining, by a second communication apparatus (gNB, Paragraphs 0080 – 0081), a first indication parameter (configuration information, #604, Fig.6), wherein there is a correspondence between the first indication parameter and a first codeword-to-layer mapping (“The number of codewords and the number of transmission layers may be based on the scheduling information or the configuration information.”, Paragraph 0084); and sending, by the second communication apparatus, the first indication parameter to a first communication apparatus (UE, Paragraphs 0080 – 0081). Re claim 16, Zhang teaches of a communication apparatus (UE, Fig.9), comprising: one or more processors (#904, Fig.9); and one or more memories storing a program to be executed by the one or more processors (#912, Fig.9), wherein the program comprises instructions that when executed by the one or more processors, cause the communication apparatus to perform operations (Paragraphs 0104 – 0111) comprising: receiving, by a first communication apparatus, a first indication parameter (configuration information, #604, Fig.6), wherein there is a correspondence between the first indication parameter and a first codeword-to-layer mapping (“The number of codewords and the number of transmission layers may be based on the scheduling information or the configuration information.”, Paragraph 0084 and “the base station may indicate which mapping scheme the UE is to use. This may be indicated directly in control signaling or by indication of specific transmission configurations”, Paragraphs 0085 – 0088); and determining, by the first communication apparatus, the first codeword-to-layer mapping based on the first indication parameter (#612, Fig.6 and Paragraphs 0084 – 0088). Re claim 17, Zhang teaches of a communication apparatus (base station, Fig.10), comprising: one or more processors (#1004, Fig.10); and one or more memories storing a program to be executed by the one or more processors (#1016, Fig.10), wherein the program comprises instructions that when executed by the one or more processors, cause the communication apparatus to perform operations (Paragraphs 0123 – 0128) comprising: determining, by a second communication apparatus, a first indication parameter (configuration information, #604, Fig.6), wherein there is a correspondence between the first indication parameter and a first codeword-to-layer mapping (“The number of codewords and the number of transmission layers may be based on the scheduling information or the configuration information.”, Paragraph 0084 and “the base station may indicate which mapping scheme the UE is to use. This may be indicated directly in control signaling or by indication of specific transmission configurations”, Paragraphs 0085 – 0088); and sending, by the second communication apparatus, the first indication parameter to a first communication apparatus (UE, Paragraphs 0080 – 0081). Re claims 2, 10 and 18, Zhang teaches of wherein the first indication parameter comprises at least one of the following: a channel feature (MCS, Paragraphs 0092, 0101 and 0151), a communication apparatus capability (Paragraph 0052), or scheduling information (#608, Fig.6). Re claims 3, 11 and 19, Zhang teaches of wherein: the channel feature comprises at least one of the following: a channel eigenvalue threshold, a signal-to-noise ratio threshold, a quantity of antenna ports, a scenario (codeword-to-layer mapping schemes, Paragraphs 0058 – 0060), a location, a channel path feature, or a channel latency feature; the communication apparatus capability comprises at least one of the following: a maximum quantity of supported codewords, a maximum quantity of supported layers, or whether dynamic codeword-to-layer mapping is supported (dynamically switch between single-codeword and multi-codeword, Paragraph 0052); or the scheduling information comprises at least one of the following: a modulation scheme, a code rate, a transport block size, or a layer identifier (MCS, Paragraphs 0092, 0101 and 0151). Re claim 5, Zhang teaches of wherein the determining, by the first communication apparatus, the first codeword-to-layer mapping based on the first indication parameter comprises one of the following: (1) determining, by the first communication apparatus, the correspondence between the first indication parameter and the first codeword-to-layer mapping based on the first indication parameter; and determining, by the first communication apparatus, the first codeword-to-layer mapping based on the first indication parameter and the correspondence between the first indication parameter and the first codeword-to-layer mapping; or (2) receiving, by the first communication apparatus, the correspondence between the first indication parameter and the first codeword-to-layer mapping; and determining, by the first communication apparatus, the first codeword-to-layer mapping based on the first indication parameter and the correspondence between the first indication parameter and the first codeword-to-layer mapping; or (3) determining, by the first communication apparatus, the first codeword-to-layer mapping based on the first indication parameter and the correspondence between the first indication parameter and the first codeword-to-layer mapping (mapping codewords to transmission layers. The number of codewords and the number of transmission layers may be based on the scheduling information or the configuration information, Paragraph 0084 and Paragraphs 0085 – 0089), wherein the correspondence between the first indication parameter and the first codeword-to-layer mapping is predefined (the configuration of the codeword-to-layer mapping is predefined by the gNB, Paragraph 0069). Re claims 7 and 15, Zhang teaches of wherein: each of indication information of the first indication parameter and indication information of the correspondence between the first indication parameter and the first codeword-to-layer mapping is one of user-level indication information, user group-level indication information, or cell- level indication information; indication information of the first indication parameter is one of user-level indication information, user group-level indication information, or cell-level indication information (the configuration information comprises UE-specific configuration information, serving cell configuration information, bandwidth part configuration information, or control resource set configuration information, Paragraph 0134); or indication information of the correspondence between the first indication parameter and the first codeword-to-layer mapping is one of user-level indication information, user group-level indication information, or cell-level indication information. Re claim 8, Zhang teaches of wherein the receiving, by a first communication apparatus, a first indication parameter comprises: receiving, by the first communication apparatus (UE, Paragraphs 0080 – 0081), the first indication parameter sent by a second communication apparatus (Base station, Fig.1 and Paragraphs 0080 – 0081). Re claim 12, Zhang teaches wherein the method further comprises: sending, by the second communication apparatus, the correspondence between the first indication parameter and the first codeword-to-layer mapping to the first communication apparatus (#604, Fig.6 and #808, Fig.8, Paragraphs 0082 and 0102). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 4, 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Gao et al (US 2025/0212202). Re claims 4 and 13, Zhang teaches all the limitations of claims 1 and 9, as well as wherein the method further comprises: sending, by the first communication apparatus, a second indication parameter (UE capability indication, #804, Fig.8 and Paragraphs 0100 – 0101 and 0159). However, Zhang does not specifically teach wherein there is a correspondence between the second indication parameter and a second codeword-to-layer mapping. Gao teaches of sending, by the first communication apparatus, a second indication parameter (capability information, Fig.4 and Paragraphs 0045 – 0048), wherein there is a correspondence between the second indication parameter and a second codeword-to-layer mapping (the capability information is configured to determine support for enabling a type 2 layer mapping scheme, Paragraph 0046). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a correspondence between the second indication parameter and a second codeword-to-layer mapping to indicate whether there is support for enabling a type 2 layer mapping scheme. Re claim 20, Zhang and Gao teach all the limitations of claim 13, as well as Zhang teaches of wherein determining, by the second communication apparatus, the first indication parameter comprises: determining, by the second communication apparatus, the first indication parameter based on the second indication parameter (The configuration information that enables the at least two codewords may be based on this capability indication, Paragraph 0082). Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Chen et al (US 2016/0359647). Re claims 6 and 14, Zhang teaches all the limitations of claims 1 and 9, except of wherein after the receiving, by a first communication apparatus, a first indication parameter, the method further comprises: sending, by the first communication apparatus, first indication information, wherein the first indication information indicates whether the first indication parameter is applicable or whether the first indication parameter needs to be updated. Chen teaches of wherein after the receiving, by a first communication apparatus, a first indication parameter (Fig.15), the method further comprises: sending, by the first communication apparatus, first indication information, wherein the first indication information indicates whether the first indication parameter is applicable or whether the first indication parameter needs to be updated (transmitting data and/or control information with the optimized CW to layer mapping, modulation, code rate and/or resource allocation. The transmission might also include signaling of the used CW to layer mapping if that information need to be updated in the first UE, Paragraph 0073). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a first indication information indicate whether the first indication parameter is applicable or whether the first indication parameter needs to be updated so as to perform adjustments on the signal transmission. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARISTOCRATIS FOTAKIS whose telephone number is (571)270-1206. The examiner can normally be reached M-F 8:30am-5:00pm. 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, Sam K Ahn can be reached at (571) 272-3044. 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. /ARISTOCRATIS FOTAKIS/ Primary Examiner, Art Unit 2633
Read full office action

Prosecution Timeline

Oct 22, 2024
Application Filed
Oct 31, 2024
Response after Non-Final Action
Dec 22, 2025
Non-Final Rejection — §102, §103
Mar 24, 2026
Response Filed

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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
99%
With Interview (+30.8%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 745 resolved cases by this examiner. Grant probability derived from career allow rate.

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