Prosecution Insights
Last updated: October 01, 2026
Application No. 18/930,853

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102§103
Filed
Oct 29, 2024
Priority
Apr 29, 2022 — CN 202210468550.0 +1 more
Examiner
KIDANE, MEHERET WOLDEGEBREAL
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
21 granted / 26 resolved
+20.8% vs TC avg
Strong +26% interview lift
Without
With
+26.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
22 currently pending
Career history
56
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
72.5%
+32.5% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 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 . Specification Applicant is reminded of the proper content of an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet preferably within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc. In addition, the form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. 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. Claim(s) 1, 5-8, 10 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon et al. (US 2023/0115400). Regarding clam 1, Jeon teaches a communication method, comprising: obtaining, by a control network element, real-time control capability information of a plurality of execution network elements managed by the control network element, wherein the real-time control capability information indicates performance parameters used by the plurality of execution network elements to implement a plurality of real-time control functions (Paragraphs [0101]-[0102]; [0144]; [0156]; [0158]-[016]; [0173] describes O-Du (control network element) obtains, from each O-RU (execution network element) of a plurality of O-RU’s, capability information transmitted via the fronthaul interface. The capability information indicates that performance parameters the RU uses to implement its real-time control functions (UL combining, beamforming-weight calculation on real-time basis)); determining, by the control network element, at least one target network element from the plurality of execution network elements based on the real-time control capability information of the plurality of execution network elements and real-time control capability information of the control network element, wherein the at least one target network element and the control network element both support each real-time control function in a first function set, and the first function set comprises at least one real-time control function (Paragraphs [0107]-[0109]; [0145]; [0159] describes the O-DU’s decision to generate and configure a given O-RU for fragment based UL transmission is conditioned on that O-RU’s reported capability (when it is identified that the O-RU is able to use fragment transmission). This is a determination by the control element, of which execution elements qualify as target elements based on matching capability information. The O-RU supporting fragment functionality and the O-DU itself using or supporting that same function); and sending, by the control network element, transmission channel configuration information to the at least one target network element, wherein the transmission channel configuration information is for establishing a real-time control transmission channel connecting the control network element and the at least one target network element, and the real-time control transmission channel is for transmission of real-time control information (Paragraphs [0093]; [0100]-[0102]; [0149]; [0156]-[0157]; [0159] describes the O-DU transmits configuration information (packet number/size/PRB range) to each qualifying O-RU. This configuration information establishes the parameters of the C-plane connection between the O-DU and O-RU and the C-plane is defined in the reference as the channel for real-time-control messages (scheduling/ beamforming information, UE channel/scheduling info calculated “on real time” basis between the two nodes)). Regarding clam 5, Jeon teaches wherein the method further comprises: determining, by the control network element, function configuration information of each target network element based on the real-time control capability information of the at least one target network element (Paragraphs [0144]-[0145] describes conditional link between the capability information the O-DU received from the O-RU (whether it supports fragment transmission) and the O-DU’s act of generating configuration information), wherein the function configuration information is used to configure the real-time control functions in the first function set for the target network element (Paragraphs [0146]-[149] describes number of packets , PRB range per packet, transmission order, and window size are the parameters that orders how the fragment transmission/UL combining function itself operates at the RU. This is not link or channel level information, it is operational configuration of the shared real-time control function); and sending, by the control network element to each target network element, the function configuration information corresponding to the target network element (Paragraphs [0149]-[0150] describes the O-DU sends the determined configuration information specifically to the RU). Regarding clam 6, Jeon teaches wherein the function configuration information comprises a performance parameter corresponding to the at least one real-time control function, and each real-time control function corresponds to at least one performance parameter and/or an index of the at least one performance parameter (Paragraphs [0146]-[0147] describes both actual performance parameter values (PRB ranges/counts) tied to the real-time control function, and an indexing scheme (Packet index, profile identifier, eAxC-ID) by which those parameters are organized). Regarding clam 7, Jeon teaches wherein the method further comprises: sending, by the control network element, the real-time control information to the target network element, wherein the real-time control information comprises a value of each performance parameter indicated by the function configuration information (Paragraphs [0093]-[0102]; [0144]; [0150] describes the O-DU determining and sending the configuration (packet number, PRB range, transmission order, window size). Regarding clam 8, Jeon teaches wherein the method further comprises: sending, by the control network element, a transmission resource ratio to each target network element, wherein the transmission resource ratio indicates a ratio of a transmission resource occupied for transmitting the real-time control information to a transmission resource occupied for transmitting service data (Paragraphs [0146]-[0147] describes allocating or ratioing resources between the control plane or real-time control channel and the service data channel). Claims 10 and 19 are rejected for the same reason as set forth in claim 1 respectively. Claim 15 is rejected for the same reason as set forth in claim 6 respectively. Claim 16 is rejected for the same reason as set forth in claim 7 respectively. Claim 17 is rejected for the same reason as set forth in claim 8 respectively. Claim 18 is rejected for the same reason as set forth in claim 9 respectively. 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) 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Kuppuswamy et al. (US 11516721). Regarding clam 2, Jeon doesn’t teach wherein a non-empty intersection exists between a value of a performance parameter of a real-time control function indicated by the real-time control capability information of the control network element and a value of a performance parameter of the same real-time control function indicated by the real- time control capability information of the at least one target network element. However, in analogues art Kuppuswamy teaches wherein a non-empty intersection exists between a value of a performance parameter of a real-time control function indicated by the real-time control capability information of the control network element and a value of a performance parameter of the same real-time control function indicated by the real- time control capability information of the at least one target network element (Col, 16 lines 45-47; Col, 17 lines 8-20; Col 20, 35-39 describes that the overlap between two sets is not blank, both elements support a common parameter value (latency, throughput)). Therefore, it would have been obvious to one ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Jeon a wireless base station can divide uplink radio data into smaller packets before sending it over the fronthaul link between a Distributed Unit (DU) and one or more Radio Units (RUs) into the combination of Kuppuswamy making message routing simpler inside an open radio access network (O-RAN) radio unit (RU) to organize RU endpoints into endpoint groups and encode the eAxC RU port identifier so that part of it identifies the group and part identifies the endpoint within that group (Kuppuswamy, Paragraphs [0036]-[0037]). Claim 11 is rejected for the same reason as set forth in claim 2 respectively. Claim(s) 3-4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Chang (Dynamic Scheduling Management for Periodic Real-Time Traffic, 2013). Regarding clam 3, Jeon doesn’t teach wherein the transmission channel configuration information comprises a transmission resource of the real-time control transmission channel and/or a transmission rate of the real-time control transmission channel. However, in analogous art Chang teaches wherein the transmission channel configuration information comprises a transmission resource of the real-time control transmission channel and/or a transmission rate of the real-time control transmission channel (Page 2, lines 1-17, Page 2, section 3.1, 1-21 describes a transmission rate of the real-time control transmission channel). Therefore, it would have been obvious to one ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Jeon a wireless base station can divide uplink radio data into smaller packets before sending it over the fronthaul link between a Distributed Unit (DU) and one or more Radio Units (RUs) into the combination of Chang a transmission rate of the real-time control transmission channel to reduce the efficiency of network bandwidth utilization in industrial Ethernet. Regarding clam 4, Jeon in view of Chang wherein the real-time control capability information comprises upper and lower limits of a transmission rate supported by the execution network element; and before the sending, by the control network element, transmission channel configuration information to each of the at least one target network element, the method further comprises: determining, by the control network element, the transmission rate of the real-time control transmission channel based on the upper and lower limits of the transmission rate of the at least one target network element (Page 3, 1-11, table 2, Section IV describes that each real-time periodic task /message (SM_i) is characterized by a minimum period T-min and a maximum period T_imax. Because period is the inverse of transmission rate, T_imin corresponds to the upper limit of the transmission rate (shortest period = fastest/highest rate) and T_imax corresponds to the lower limit of the transmission rate (longest period = slowest/lowest rate)). Claim 13 is rejected for the same reason as set forth in claim 3 respectively. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Lourdu Raja et al. (US 2023/0088205). Regarding clam 9, Jeon doesn’t teach wherein the method further comprises: obtaining, by the control network element, status information of the real-time control transmission channel, wherein the status information indicates a running status of the real-time control transmission channel; and managing, by the control network element, the real-time control transmission channel based on the status information. However, in analogous art Lourdu Raja teaches wherein the method further comprises: obtaining, by the control network element, status information of the real-time control transmission channel, wherein the status information indicates a running status of the real-time control transmission channel; and managing, by the control network element, the real-time control transmission channel based on the status information (Paragraphs [0017]; [0034]-[0037] describes the UL signal power/SNR level, evaluated per O-RU/per PRB/per TTI, functions as a form of running status of that O-RU’s signal path a dynamic, continuously-updated condition indicator, this is a management action (enabling/disabling DL scheduling for a given RU’s channel) taken in response to the obtained status (signal quality relative to threshold)). Therefore, it would have been obvious to one ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Jeon a wireless base station can divide uplink radio data into smaller packets before sending it over the fronthaul link between a Distributed Unit (DU) and one or more Radio Units (RUs) into the combination of Lourdu Raja an Open Radio Access Network (O-RAN) setup for a single frequency network, where multiple radio units send the same signal on the same channel to cover a user equipment (UE) to selectively filter SFN traffic based on signal power or SNR so that only RUs with useful signals participate in uplink combining and downlink transmission (Lourdu Raja, Paragraphs [0037]-[0045]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEHERET WOLDEGEBREAL KIDANE whose telephone number is (571)270-3642. The examiner can normally be reached M-F8:30-5. 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, Ricky Ngo can be reached at 571-272-3139. 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. /M.W.K./Examiner, Art Unit 2464 /RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464
Read full office action

Prosecution Timeline

Oct 29, 2024
Application Filed
Mar 13, 2025
Response after Non-Final Action
Aug 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
81%
Grant Probability
99%
With Interview (+26.3%)
2y 12m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allowance rate.

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