Prosecution Insights
Last updated: July 17, 2026
Application No. 19/022,539

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Jan 15, 2025
Priority
Jul 29, 2022 — CN 202210912352.9 +1 more
Examiner
JOHNSON, AMY COHEN
Art Unit
2455
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
285 granted / 528 resolved
-4.0% vs TC avg
Strong +22% interview lift
Without
With
+21.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
77 currently pending
Career history
874
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
84.7%
+44.7% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 528 resolved cases

Office Action

§102 §103
CTNF 19/022,539 CTNF 83833 DETAILED ACTION 1. This communication is in response to the preliminary amendment filed on 01/15/2025. The present application is being examined under the AIA first to invent provisions. 2. Status of the claims: Claims 1-20 are canceled. Claims 21-40 are new. Claims 21-40 are pending. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 - 07-08-aia AIA (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. 07-15 AIA 3. Claim s 21-22, 25-29, 31-35, and 38-40 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Baratakke et al. (hereinafter “Baratakke”) ( US 20090067325 A1 ) . Regarding claim 21, Baratakke discloses a method applied to a first protocol layer of a terminal device, the method comprising: obtaining first information, wherein the first information indicates a transport block size (a discovery message about a maximum transmission unit MTU of a Link is received from a sender device to a receiver device, Baratakke, [007]-[0008]; the discover message is equated to the first information because it informs about MTU that is equated to the transport block size; where the MTU is the maximum size of block of packet at a time); in response to a size of a first data packet being greater than the transport block size ( in response to the size of the received data packet greater than a MTU , the received data packet is equated to first data packet, Baratakke, [0010] ), segmenting the first data packet based on the transport block size to obtain a plurality of first segmented data packets (performing fragmentation of the data packet into two or more fragments , Baratakke, [0010] ), wherein the first data packet is a data packet received from a previous protocol layer (the packet received at the transport layer is from a network layer , Baratakke, [0013] ), and a size of each first segmented data packet of the plurality of first segmented data packets is less than or equal to the transport block size ( each of packet of size is less that the MTU that is the transport block size, Baratakke, [0005] ); and sending the plurality of first segmented data packets (transmitting one or more fragments of the data packet , Baratakke, [0010] ). Regarding claim 22, Baratakke discloses the method according to claim 21, wherein: the first information comprises the transport block size ; or the first information comprises an index value associated with the transport block size; or the first information comprises rate information and time domain configuration information, wherein the rate information and the time domain configuration information are used to determine the transport block size (a maximum transmission unit MTU of a Link can received , Baratakke, [007]-[0008]; MTU that is equated to the transport block size; where the MTU is the maximum size of block of packet at a time, Baratakke, [007]-[0008]). Regarding claim 25, Baratakke discloses the method according to claim 21, wherein a header of each first segmented data packet of the plurality of first segmented data packets comprises one or more of the following: first indication information (a discovery message about a maximum transmission unit MTU of a Link is received from a sender device to a receiver device, Baratakke, [007]-[0008]; the discover message is equated to the first information because it informs about MTU that is equated to the transport block size), second indication information, third indication information, or a segment sequence number, wherein: the first indication information indicates that a respective first segmented data packet of the plurality of first segmented data packets is an initial first segmented data packet in the plurality of first segmented data packets, or indicates that the respective first segmented data packet is an intermediate segmented data packet in the plurality of first segmented data packets, or indicates that the respective first segmented data packet is a last segmented data packet in the plurality of first segmented data packets ; the second indication information indicates whether the respective first segmented data packet is a data packet obtained through segmentation; the third indication information indicates whether the respective first segmented data packet is a deliverable data packet; and the segment sequence number indicates a sequence number of the respective first segmented data packet in the plurality of first segmented data packets (information about the last segmented packet is disclosed , Baratakke, [0033] ). Regarding claim 26, Baratakke discloses the method according to claim 21, further comprising: sending, by the terminal device (a discovery message about a maximum transmission unit MTU of a Link is received from a sender device to a receiver device, Baratakke, [007]-[0008]; the discover message is equated to the first information because it informs about MTU that is equated to the transport block size), fourth indication information to a network device, wherein the fourth indication information indicates that a respective first segmented data packet of the plurality of first segmented data packets is a last first segmented data packet in the plurality of first segmented data packets, or indicates that the respective first segmented data packet is a deliverable data packet, or indicates that data packet delivery is completed (fragmentation information about the last segmented packet is disclosed , Baratakke, [0033] ). Regarding claim 27, Baratakke discloses the method according to claim 26, wherein the fourth indication information is carried in the last first segmented data packet in the plurality of first segmented data packets (the fourth information that is the fragmentation information is included in all of segmented packets included the last segmented packet, Baratakke, [0033] ). Regarding claim 28, claim 28 is substantially similar to claim 21, thus the same rationale applies. Regarding claim 29, claim 29 is substantially similar to claim 22, thus the same rationale applies. Regarding claim 31, Baratakke discloses the method according to claim 28, further comprising: in response to a respective first segmented data packet of the plurality of first segmented data packets not being a last first segmented data packet in the plurality of first segmented data packets, receiving a next first segmented data packet ( a fragment ( a first segmented data packet ) arrives in sequences, Baratakke, [0033] ). Regarding claim 32, claim 32 is substantially similar to claim 25, thus the same rationale applies. Regarding claim 33, claim 33 is substantially similar to claim 26, thus the same rationale applies. Regarding claim 34, Baratakke discloses an apparatus, comprising: at least one processor; and a memory with instructions stored thereon, wherein the instructions, when executed by the at least one processor (a processor processing instructions stored in a memory , Baratakke, [0066] ); in addition, claim 34 is substantially similar to claim 21, thus the same rationale applies. Regarding claim 35, claim 35 is substantially similar to claim 22, thus the same rationale applies. Regarding claim 38, claim 38 is substantially similar to claim 25, thus the same rationale applies. Regarding claim 39, claim 39 is substantially similar to claim 26, thus the same rationale applies. Regarding claim 40, claim 40 is substantially similar to claim 27, thus the same rationale applies . Claim Rejections - 35 USC § 103 07-20-aia AIA 4. 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 of this title, 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. 4a. Claims 23-24, 30, and 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Baratakke et al. (hereinafter “Baratakke”) ( US 20090067325 A1 ) in view of SEUNGRI et al. (hereinafter “SEUNGRI”) ( EP 3982666 A1 ). Regarding claim 23, Baratakke discloses the method according to claim 21. Baratakke does not disclose wherein the first information is carried in one or more of the following signaling: paging signaling, select signaling, a random access response, or contention resolution signaling . SEUNGRI discloses wherein the first information is carried in one or more of the following signaling: paging signaling, select signaling, a random access response, or contention resolution signaling . It would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to incorporate SEUNGRI’s teachings with Baratakke’s teachings. One skilled in the art would be motivated to combine them in order to prevent communication with undesired person. Regarding claim 24, Baratakke discloses the method according to claim 21. Baratakke does not disclose wherein the first protocol layer is one or more of the following: a service data adaptation protocol (SDAP) layer, a packet data convergence protocol (PDCP) layer, a radio link control (RLC) layer, or a media access control (MAC) layer . SEUNGRI discloses wherein the first protocol layer is one or more of the following: a service data adaptation protocol (SDAP) layer, a packet data convergence protocol (PDCP) layer, a radio link control (RLC) layer, or a media access control (MAC) layer . It would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to incorporate SEUNGRI’s teachings with Baratakke’s teachings. One skilled in the art would be motivated to combine them in order to prevent communication with undesired person. Regarding claim 30, claim 30 is substantially similar to claim 23, thus the same rationale applies. Regarding claim 36, claim 36 is substantially similar to claim 23, thus the same rationale applies. Regarding claim 37, claim 37 is substantially similar to claim 24, thus the same rationale applies. Conclusion 5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIEGEORGES A HENRY whose telephone number is (571)270-3226 . The examiner can normally be reached on 11:00am -8:00pm East M-F. 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, Emmanuel Moise can be reached on 571 272-8365. 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. /MARIEGEORGES A HENRY/Examiner, Art Unit 2455 /EMMANUEL L MOISE/Supervisory Patent Examiner, Art Unit 2455 Application/Control Number: 19/022,539 Page 2 Art Unit: 2455 Application/Control Number: 19/022,539 Page 3 Art Unit: 2455 Application/Control Number: 19/022,539 Page 4 Art Unit: 2455 Application/Control Number: 19/022,539 Page 5 Art Unit: 2455 Application/Control Number: 19/022,539 Page 6 Art Unit: 2455 Application/Control Number: 19/022,539 Page 7 Art Unit: 2455 Application/Control Number: 19/022,539 Page 8 Art Unit: 2455
Read full office action

Prosecution Timeline

Jan 15, 2025
Application Filed
Apr 02, 2025
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
76%
With Interview (+21.9%)
2y 6m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 528 resolved cases by this examiner. Grant probability derived from career allowance rate.

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