Prosecution Insights
Last updated: October 27, 2026
Application No. 19/001,056

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Dec 24, 2024
Priority
Jun 27, 2022 — CN 202210743780.3 +2 more
Examiner
KIM, SUN JONG
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
238 granted / 296 resolved
+22.4% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
37 currently pending
Career history
342
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
56.5%
+16.5% vs TC avg
§102
11.6%
-28.4% vs TC avg
§112
26.4%
-13.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 296 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 . Information Disclosure Statement The information disclosure statements (IDSes) were submitted on 02/14/2025, 04/15/2025 and 10/17/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “Timing Jitter-Based Monitoring Control” or the like. Appropriate correction is required. Claim Objections Claim 9 is objected to because of the following informality: Claim 9 recites, “wherein the first information further comprises second jitter information” (line 4). It is suggested to replace it with “wherein the first information further comprises the second jitter information” for more clarity. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 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. 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, 10, 14 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Min et al (US Publication No. 2026/0197129 A1). Regarding claim 1, Min discloses, a method, comprising: obtaining, by a first core network device, first information, wherein the first information comprises first jitter information [FIGS. 5-6 and 8; their related descriptions; ¶0109 and 0122, AMF 50 transmits parameter configuration information (i.e., first information) to gNB 100; note that transmitting of the parameter configuration information requires obtain the information beforehand; further see ¶0107, “the control unit 53 can configure information (parameter configuration information)” and ¶0125, “the parameter configuration information configured in the AMF 50”], wherein the first jitter information indicates a first jitter range [FIGS. 5-6 and 8; their related descriptions; ¶0108-0109, note that the parameter configuration information indicates start timing, end timing, cycle length, periodicity, a generation period of UL data, survival time, a generation period of DL data, Burst arrival time, DL traffic jitter (at least one of a maximum value, a minimum value, and an average value) (i.e., jitter range), and the like], wherein the first jitter range is related to a first partial time period [FIGS. 5-6; their related descriptions; see ¶0114 along with 0108-0109, note that the DL jitter is related to an interactive service period since the start timing start and end timing of the parameter configuration information are those of an interactive service period (see ¶0048-0050) and the interactive service period is based on the DL jitter (see ¶0116-0117)], wherein the first partial time period is in a duration of a first service [FIG. 6 and ¶0114, note that the interactive service period is in a duration of XR service], and wherein the first service is related to a first terminal device [FIG. 6 and ¶0114, note that the XR service is related to UE]; and sending, by the first core network device, the first information to an access network device [FIGS. 5-6 and 8; their related descriptions; ¶0109 and 0122, AMF 50 transmits parameter configuration information (i.e., first information) to gNB 100], wherein the first information is associated with a setting of a discontinuous reception parameter of the first terminal device [FIGS. 5-6 and 8; their related descriptions; ¶0071, 0099-0100, 0114-0116 and 0122, note that the parameter configuration information is associated with a setting of DRX of the UE]. Regarding claim 10, Min discloses, the method according to claim 1 as set forth above. Min discloses, receiving, by the access network device, the first information from the first core network device [FIGS. 5-6 and 8; their related descriptions; ¶0109 and 0122, AMF 50 transmits parameter configuration information (i.e., first information) to gNB 100]; and configuring, by the access network device, the discontinuous reception parameter for the first terminal device in the first partial time period based on the first information [FIGS. 5-6 and 8; their related descriptions; FIG. 8; its related descriptions; ¶0122, note that gNB 100 configures DRX config for UE 100 in the interactive service period based on the parameter configuration information transmitted by gNB 100 as AMF assistance info]. Regarding claim 14, Min discloses, an apparatus [FIGS. 4-6 and 8; their related descriptions; ¶0109 and 0122, AMF 50], comprising: at least one processor [FIG. 4; its related descriptions; ¶0053 and 0139, control unit 53 or processor 1001; note that every network device has at least one processor]; and at least one memory, wherein the at least one processor is coupled to the at least one memory, and wherein the at least one memory stores instructions which, when executed by the at least one processor, cause the apparatus to [FIG. 4; its related descriptions; ¶0053 and 0139-0144, memory 1002 (note that every network device has at least one memory) and ¶0144, the processor 1001 reads a program (program code), a software module, data, and the like from at least one of the storage 1003 and the communication device 1004 into the memory 1002, and executes various processes according to these. As the program, a program causing the computer to execute at least part of the operation described in the above embodiment is used]. Since claim 14 recites similar features without additional features to claim 1, claim 14 is rejected at least based on a similar rationale applied to claim 1. Regarding claim 18, Min discloses, an apparatus [FIGS. 3, 5-6 and 8; their related descriptions; ¶0084, 0109 and 0122, UE 200], comprising: at least one processor [FIG. 4; its related descriptions; ¶0086 and 0139, control unit 240 or processor 1001; note that every network device has at least one processor]; and at least one memory, wherein the at least one processor is coupled to the at least one memory, and wherein the at least one memory stores instructions which, when executed by the at least one processor, cause the apparatus to [FIG. 4; its related descriptions; ¶0086 and 0139-0144, memory 1002 (note that every network device has at least one memory) and ¶0144, the processor 1001 reads a program (program code), a software module, data, and the like from at least one of the storage 1003 and the communication device 1004 into the memory 1002, and executes various processes according to these. As the program, a program causing the computer to execute at least part of the operation described in the above embodiment is used]: . . . configure a discontinuous reception parameter for the first terminal device in the first partial time period based on the first information [FIGS. 5-6 and 8; their related descriptions; ¶0071, 0099-0100, 0114-0116 and 0122, note that the UE 200 (control unit 240) adjusts a reception cycle in the transmission period (interactive service period) based on the parameter configuration information]. Since claim 18 is merely different from claim 1 in that it recites claimed features from the perspective of a user equipment, but recites similar features to claim 1 without additional features, claim 18 is rejected at least based on a similar rationale applied to claim 1. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 2-4 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Min et al (US Publication No. 2026/0197129 A1) in view of Li et al (US Publication No. 2023/0156517 A1). Regarding claim 2, Min discloses, the method according to claim 1 as set forth above. Although Min discloses, wherein the first information is determined based on second data [FIGS. 5-6 and 8; their related descriptions; ¶0109 and 0122, note that the parameter configuration information is determined based on start timing, end timing, cycle length, periodicity, a generation period of UL data, survival time, a generation period of DL data, Burst arrival time, DL traffic jitter (at least one of a maximum value, a minimum value, and an average value), and the like], wherein the second data comprises jitter that is of service data of the first service [FIGS. 5-6 and 8; their related descriptions; ¶0109 and 0122, note that DL traffic jitter (at least one of a maximum value, a minimum value, and an average value) corresponds to DL data of the XR service] and this is generated in a process of transmission [FIGS. 5-6 and 8; their related descriptions; ¶0109 and 0122, note that the DL jitter is generated in a process of transmission from gNB to UE], Min does not explicitly disclose (see, italicized limitations), but Li discloses, (jitter) is generated in a process of transmission from an application server to a second core network device [FIG. 6; its related descriptions; ¶0059, UPF 604 can receive the packet of stream from AF 610 (step 618)1 and calculate the traffic pattern including traffic jitter of streams (step 620)]. It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of Min with "the above-mentioned known feature(s)" taught by Li to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Li into the system of Min would have yield predictable results and/or resulted in the improved system, such as e.g., ensuring to determine how much data streams related to a service fluctuates while the service data travels from the application server to a core function network element at interest, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)). Regarding claim 3, Min discloses, the method according to claim 1 as set forth above. Min does not explicitly disclose (see, italicized limitations), but Li discloses, receiving, by the first core network device, the first information from a third core network device [FIG. 6; its related descriptions; ¶0061, the UPF/NW-TT 604 can report traffic pattern to SMF 606]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above-mentioned feature(s) as taught by Li in the system of Min for similar rationales set forth above in claim 2. Regarding claim 4, Min in view of Li discloses, the method according to claim 3 as set forth above. Min does not explicitly disclose (see, italicized limitations), but Li discloses, performing, before the receiving the first information from the third core network device [FIG. 6; its related descriptions; ¶0061, before the UPF 604 report traffic pattern to SMF 606]: sending, by the first core network device, to the third core network device, a message requesting analysis of jitter information of the first service [FIG. 6; its related descriptions; ¶0058, the SMF 606 can send N4 request to UPF, which can include the indication that the UPF/NW-TT calculate the traffic pattern for stream]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above-mentioned feature(s) as taught by Li in the system of Min for similar rationales set forth above in claim 2. Regarding claim 15, claim 15 is rejected at least based on a similar rationale applied to claim 2. Regarding claim 16, claim 16 is rejected at least based on a similar rationale applied to claim 3. Regarding claim 17, claim 17 is rejected at least based on a similar rationale applied to claim 4. Claims 5, 8, 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Min et al (US Publication No. 2026/0197129 A1) in view of Wang et al (US Publication No. 2022/0014296 A1). Regarding claim 5, Min discloses, the method according to claim 1 as set forth above. Although Min discloses, “the sending the first information to the access network device, obtaining, by the first core network device, first jitter information, wherein the first jitter information indicates a first jitter range, wherein the first jitter range is related to a first partial time period, and wherein the first partial time period is in the duration of the first service; and sending, by the first core network device, the first jitter information to the access network device, wherein the first jitter information is associated with the setting of the discontinuous reception parameter” as set forth above in claim 1, Min does not explicitly disclose (see, italicized and bold limitations), after the sending the first information to the access network device, obtaining and sending third jitter information to the access network device2. However, Wang discloses, after the sending the first information to the access network device, obtaining and sending third jitter information to the access network device [¶0165, a determination module 604, configured to determine first TSCAI according to the first clock difference received by the receiving module 603; see ¶0166, the transmission module 602 being further configured to transmit the first TSCAI determined by the determination module to a RAN device, the first TSCAI being used by the RAN device to perform time control on a data stream in the first clock domain; further see ¶0167, If the second network element reports a clock difference, the first network element needs to update TSCAI (i.e., third information) corresponding to the data stream according to the reported clock difference, and then transmit the updated TSCAI to the RAN device, so that the RAN device may precisely control the data stream according to the updated TSCAI; further see ¶0042, the TSCAI is actually precise time information of a local wireless network clock when a data stream arrives at the RAN device]. It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of Min with "the above-mentioned known feature(s)" taught by Wang to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Wang into the system of Min would have yield predictable results and/or resulted in the improved system, such as e.g., enabling access network to use more up-to-date jitter information for adapting its DRX configuration, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)). Regarding claim 8, Min discloses, the method according to claim 1 as set forth above. Although Min discloses, “wherein the first information comprises first jitter information, wherein the first jitter information indicates a first jitter range, wherein the first jitter range is related to a first partial time period, and wherein the first partial time period is in the duration of the first service” as set forth above in claim 1, the first information further comprising third jitter information3. However, Wang discloses, the first information comprises third jitter information [¶0165, a determination module 604, configured to determine first TSCAI according to the first clock difference received by the receiving module 603; further see ¶0166, the transmission module 602 being further configured to transmit the first TSCAI determined by the determination module to a RAN device, the first TSCAI being used by the RAN device to perform time control on a data stream in the first clock domain; further see ¶0167, If the second network element reports a clock difference, the first network element needs to update TSCAI (i.e., third information) corresponding to the data stream according to the reported clock difference, and then transmit the updated TSCAI to the RAN device, so that the RAN device may precisely control the data stream according to the updated TSCAI; further see ¶0042, the TSCAI is actually precise time information of a local wireless network clock when a data stream arrives at the RAN device; note that the first TSCAI and the updated TSCAI are transmitted to the RAN device as first information]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above-mentioned feature(s) as taught by Wang in the system of Min for similar rationales set forth above in claim 5. Regarding claim 11, Min discloses, the method according to claim 10 as set forth above. Since claim 11 is merely different from claim 5 in that it recites claimed features from the perspective of an access network device, but recites similar features to claim 5 without further additional features, claim 11 is rejected at least based on a similar rationale applied to claim 5. Regarding claim 20, claim 20 is rejected at least based on a similar rationale applied to claim 11. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Min et al (US Publication No. 2026/0197129 A1) in view of Wang et al (US Publication No. 2022/0014296 A1) and further in view of Gerber et al (US Publication No. 2015/0327057 A1). Regarding claim 6, Min in view of Wang discloses, the method according to claim 5 as set forth above. Min in view of Wang does not explicitly disclose (see, italicized limitations), but Gerber discloses, wherein an end moment of the first partial time period overlaps a start moment of the second partial time period [see claim 12, determining whether a first data transfer of data transfers and a second data transfer of the data transfers are to be bundled to form a data burst in response to determining whether a first jitter time period associated with the first data transfer at least partially overlaps a second jitter time period associated with the second data transfer based on a result of comparing first jitter information that defines the first jitter time period and second jitter information that defines the second jitter time period]. It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of Min in view of Wang with "the above-mentioned known feature(s)" taught by Gerber to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Gerber into the system of Min in view of Wang would have yield predictable results and/or resulted in the improved system, such as e.g., enabling to account for data transmission that occurs during overlapping time periods, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)). Claims 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Min et al (US Publication No. 2026/0197129 A1) in view of Kim et al (US Publication No. 2018/0213452 A1). Regarding claim 12, Min discloses, the method according to claim 10 as set forth above. Although Min discloses, “wherein the configuring the discontinuous reception parameter for the first terminal device in the first partial time period based on the first information” and determining, by the access network device based on the first jitter information, a time domain position at which the first terminal device starts to monitor a physical downlink control channel (PDCCH) in the first partial time period [see ¶0122 of Min, the gNB 100 can configure at least one of the DRX config, CG (ConfiguredGrant) Config, and SPS config based on the AMF assistance info], Min does not explicitly disclose (see, italicized limitations), but Kim discloses, determining, by the access network device, a time domain position at which the first terminal device starts to monitor a physical downlink control channel (PDCCH) [FIG. 3D; its related descriptions; ¶0453, if an eNB configures a DRX operation to a UE in a connected mode, the UE monitors a PDCCH for an on-duration time period at 3d-05 for each configured DRX period]. It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of Min with "the above-mentioned known feature(s)" taught by Kim to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Kim into the system of Min would have yield predictable results and/or resulted in the improved system, such as e.g., enabling the network to coordinate PDCCH monitoring with UE’s expected data/control activity, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)). Regarding claim 19, claim 19 is rejected at least based on a similar rationale applied to claim 12. Allowable Subject Matter Claims 7, 9 and 13 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon are considered pertinent to applicant's disclosure. Lee et al (US Publication No. 2023/0345298 A1) [¶0189] Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUN JONG KIM whose telephone number is (571)270-3216. The examiner can normally be reached on 7:30am-5:30pm(M-T). 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, Ian Moore can be reached on (571) 272-3085. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /SUN JONG KIM/Primary Examiner, Art Unit 2469 1 See Application’s specification ¶0204 and 0259, AF network element is an application server. 2 The other limitations in claim 5 can be covered by limitations wit respect to “first jitter information”, “first jitter range” and “first partial time period” which are disclosed by Min as set forth above. 3 The other limitations in claim 8 can be covered by limitations wit respect to “first jitter information”, “first jitter range” and “first partial time period” which are disclosed by Min as set forth above.
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Prosecution Timeline

Dec 24, 2024
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+33.8%)
2y 8m (~10m remaining)
Median Time to Grant
Low
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