Prosecution Insights
Last updated: October 01, 2026
Application No. 18/930,875

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Oct 29, 2024
Priority
Apr 29, 2022 — CN 202210467495.3 +1 more
Examiner
LAMONT, BENJAMIN S
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
352 granted / 482 resolved
+13.0% vs TC avg
Moderate +14% lift
Without
With
+14.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
45 currently pending
Career history
521
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
56.0%
+16.0% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
18.7%
-21.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 482 resolved cases

Office Action

§103
DETAILED ACTION Notice of 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 . 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. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. In particular, this Application is the bypass application of an international application that claims foreign priority to a Chinese application, filed on 29 Apr 2022. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statements The information disclosure statements, submitted on 23 Jan 2025 and 24 Jul 2025, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 1-5 and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20220353636) (subject matter entitled to at least the effective filing date of 23 Dec 2021 priority document) in view of Toeda (US 20210298116). Regarding claims 1 and 17, Li teaches a communication method, applied in a first access network device (Li, figure 15 – first node) or a chip in the first access network device and a computer apparatus being a first access network device comprising at least one processor coupled to at least one memory storing instructions and configured to execute the method comprises: sending a radio resource control (RRC) release message to a terminal device via a second access network device (Li, figure 15 – in step 1511, first node sends a message for RRC release to first access node, which ultimately gets transmitted to the UE in step 1512; Li, ¶128 – both first node and second node may be base stations); sending first information to the second access network device (Li, figure 15 – in step 1508, first node transmits a positioning information request to second node), wherein the RRC release message comprises sounding reference signal (SRS) configuration information of the terminal device (Li, figure 15 – in step 1511, the RRC release message includes a positioning signal configuration; Li, ¶¶132, 176, 434 – a positioning signal configuration may be an SRS configuration). Li does not explicitly teach (1) “wherein the first information is used to request the second access network device to feed back, to the first access network device, information indicating whether the second access network device successfully sends the RRC release message to the terminal device” or (2) “receiving a first message from the second access network device, wherein the first message is used to feed back, to the first access network device, information indicating that the second access network device successfully sends or fails to send the RRC release message to the terminal device.” However, Toeda teaches the following: (1) “wherein the first information is used to request the second access network device to feed back, to the first access network device, information indicating whether the second access network device successfully sends the RRC release message to the terminal device” (Toeda, figure 7 – in step 1, the first node sends s context release command, with an RRC container, to the second node; Toeda, ¶100 – when the container is successfully delivered to the UE, the second node transmits a UE context release complete message in step 5) and (2) “receiving a first message from the second access network device, wherein the first message is used to feed back, to the first access network device, information indicating that the second access network device successfully sends or fails to send the RRC release message to the terminal device.” Toeda, figure 7 and ¶98 (in step 5, the first node receives a UE context complete message, which informs the first node that the second node has successfully sent an RRC release message to the UE). At the time of the effective filing date of the invention, it would have been obvious for one of ordinary skill in the art to ensure all radio access network nodes involved in serving a UE are aware of an RRC release completion, as taught by Toeda, when configuring SRS transmissions, as taught by Li, in order to prevent resource conflicts when re-allocating released resources to other UEs. Toeda, ¶¶103-105. Regarding claims 2 and 8, the combination of Li and Toeda also teaches wherein the RRC release message and the first information are carried in a retrieve context failure message. Li, ¶365 (the RRC release message may be in a UE context failure message); Toeda, figure 7 and ¶100 (RRC release message includes an RRC container IE [i.e. claimed first information); contra Toeda, ¶101 (where if no RRC container IE is present in the RRC release command, the second node does not wait for an acknowledgement from the UE before releasing resources). Regarding claims 3 and 9, the combination of Li and Toeda also teaches wherein the first information comprises a first information element of the retrieve context failure message (Toeda, ¶100 – RRC container IE in release command; Li, ¶365 - the RRC release message may be in a UE context failure message), or the first information comprises first indication information; and the first information element or the first indication information is used to request the second access network device to feed back, to the first access network device, the information indicating whether the second access network device successfully sends the RRC release message to the terminal device. Toeda, ¶¶100-101 (presence of RRC container IE defines whether the second node waits for confirmation on a successful delivery to the UE or not); Toeda, figure 7 (by including the RRC container in its message in step 1, the first network node is “requesting” the second network node to confirm a successful delivery of the RRC release to the UE). Regarding claims 4, 10, and 18, the combination of Li and Toeda also teaches wherein the first message is a feedback message, an acknowledgment message, or a notification message. Toeda, figure 7 (the UE context release complete message in step 5 is any one of a feedback, ACK, or notification to the first node that the UE received the RRC release). Regarding claim 5, the combination of Li and Toeda also teaches wherein if the first message is used to feed back, to the first access network device, information indicating that the second access network device successfully sends the RRC release message to the terminal device, the method further comprises: sending, by the first access network device, a positioning information response message to a location management device, wherein the positioning information response message comprises the SRS configuration information. Li, ¶371 and figure 15 (in step 1513, the first node transmits a positioning information response to the LMF); Li, ¶364 (positioning information may be SRS transmission characteristics or configured SRS transmission information). Regarding claims 7 and 19, Li teaches a communication method, applied in a second access network device (Li, figure 15 – second node) or a chip in the second access network device, and a communication apparatus being the second access network device comprising at least one processor coupled to at least one memory storing instructions and configured to execute the method comprises: receiving a radio resource control (RRC) release message and first information from a first access network device (Li, figure 15 – in steps 1508 and 1511, second node receives a positioning information request and a message for RRC release from first access node; Li, ¶128 – both first node and second node may be base stations), wherein the RRC release message comprises sounding reference signal (SRS) configuration information of the terminal device (Li, figure 15 – in step 1511, the RRC release message includes a positioning signal configuration; Li, ¶¶132, 176, 434 – a positioning signal configuration may be an SRS configuration); sending the RRC release message to the terminal device (Li, figure 15 – in step 1512, second node transmits a RRC release message to the UE). Li does not explicitly teach (1) “wherein the first information is used to request the second access network device to feed back, to the first access network device, information indicating whether the second access network device successfully sends the RRC release message to a terminal device” or (2) “sending a first message to the first access network device, wherein the first message is used to feed back, to the first access network device, information indicating that the second access network device successfully sends or fails to send the RRC release message to the terminal device.” However, Toeda teaches the following: (1) “wherein the first information is used to request the second access network device to feed back, to the first access network device, information indicating whether the second access network device successfully sends the RRC release message to a terminal device” (Toeda, figure 7 – in step 1, the first node sends s context release command, with an RRC container, to the second node; Toeda, ¶100 – when the container is successfully delivered to the UE, the second node transmits a UE context release complete message in step 5) and (2) “sending a first message to the first access network device, wherein the first message is used to feed back, to the first access network device, information indicating that the second access network device successfully sends or fails to send the RRC release message to the terminal device.” Toeda, figure 7 and ¶98 (in step 5, the second node transmits a UE context complete message, which informs the first node that the second node has successfully sent an RRC release message to the UE). At the time of the effective filing date of the invention, it would have been obvious for one of ordinary skill in the art to ensure all radio access network nodes involved in serving a UE are aware of an RRC release completion, as taught by Toeda, when configuring SRS transmissions, as taught by Li, in order to prevent resource conflicts when re-allocating released resources to other UEs. Toeda, ¶¶103-105. Regarding claim 11, the combination of Li and Toeda also teaches receiving, by the second access network device, a second message from the terminal device, wherein the second message is used to feed back, to the second access network device, information indicating that the terminal device is successfully configured or fails to be configured with an SRS. Toeda, figure 7 (in step 3, the second node receives an ACK from the UE indicating success or failure of the RRC release container being received by the UE). Regarding claims 12 and 15, the combination of Li and Toeda also teaches wherein the second message is an RRC release complete message or an RRC release accept message, and the second message is used to feed back, to the second access network device, information indicating that the terminal device is successfully configured with the SRS. Toeda, figure 7 (steps 3 and 4) and ¶¶96-97 (in step 4, second node determines that the RRC release has reached the UE based on receiving the RLC ACK); Li, figure 15 (in step 1512, the UE receives the positional signal configuration, which may be an SRS configuration), Examiner’s interpretation - the RLC ACK provided in Toeda is in response to the RRC release received in step 1512, in the combination of the Li and Toeda. Regarding claims 13 and 16, the combination of Li and Toeda also teaches wherein the second message is an RRC release configuration failure message (Toeda, figure 7 – message in step 5), and the second message is used to feed back, to the second access network device, information indicating that the terminal device fails to be configured with the SRS. Toeda, ¶¶56-57 (when the RRC release does not reach the UE, the controlling unit of the second node includes a failure message in its UE context release complete message). Regarding claims 14 and 20, Li teaches a communication method, applied in a terminal device (Li, figure 15 – UE) or a chip in the terminal device, and a communication apparatus being a terminal device comprising at least one processor coupled to at least one memory storing instructions and configured to execute the method comprises: receiving a radio resource control (RRC) release message from a second access network device (Li, figure 15 – in step 1512, the UE receives a RRC release message from second node), wherein the RRC release message comprises sounding reference signal (SRS) configuration information of the terminal device (Li, figure 15 – in step 1511, the RRC release message includes a positioning signal configuration; Li, ¶¶132, 176, 434 – a positioning signal configuration may be an SRS configuration). Li does not explicitly teach “sending a second message to the second access network device, wherein the second message is used to feed back, to the second access network device, information indicating that the terminal device is successfully configured or fails to be configured with an SRS.” However, Toeda teaches a UE sending a RLC ACK to the second node, which informs the second node that the RRC Release message was successfully delivered. Toeda, figure 7 (steps 3 and 4) and ¶¶96-97 (in step 4, second node determines that the RRC release has reached the UE based on receiving the RLC ACK). At the time of the effective filing date of the invention, it would have been obvious for one of ordinary skill in the art to ensure all radio access network nodes involved in serving a UE are aware of an RRC release completion, as taught by Toeda, when configuring SRS transmissions, as taught by Li, in order to prevent resource conflicts when re-allocating released resources to other UEs. Toeda, ¶¶103-105. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20220353636) in view of Toeda (US 20210298116), and further in view of Pan (US 20240267822). Regarding claim 6, the combination of Li and Toeda teaches the method according to claim 1, wherein if the first message is used to feed back, to the first access network device, information indicating that the second access network device fails to send the RRC release message to the terminal device (Toeda, ¶¶56-57 – when the RRC release does not reach the UE, the controlling unit of the second node includes a failure message in its UE context release complete message), but does not teach “sending, by the first access network device, a positioning information failure message to a location management device, wherein the positioning information failure message indicates that the terminal device fails to be configured to send an SRS.” However, Pan teaches a base station feed back to the LMF a measurement failure indication when it cannot obtain an SRS measurement. Pan, ¶50. At the time of the effective filing date of the invention, it would have been obvious for one of ordinary skill in the art to enable the first node, as taught by the combination of Li and Toeda, to send a failure message, as taught by Pan, in order to inform the LMF that the requested positioning information is temporarily unavailable. Pan, ¶50. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S LAMONT whose telephone number is (571)270-7514 and email address is benjamin.lamont@uspto.gov (see MPEP 502.03 for using EFS or mail, but not email to authorize electronic communications). The examiner can normally be reached M-F 7am to 3pm EST. 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, Huy Vu can be reached at 571-272-3155. 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. /Benjamin Lamont/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Oct 29, 2024
Application Filed
Mar 13, 2025
Response after Non-Final Action
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
87%
With Interview (+14.3%)
3y 3m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 482 resolved cases by this examiner. Grant probability derived from career allowance rate.

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