Prosecution Insights
Last updated: October 01, 2026
Application No. 19/252,830

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Jun 27, 2025
Priority
Dec 30, 2022 — continuation of PCTCN2022144270
Examiner
WANG, CHAO
Art Unit
2431
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
122 granted / 150 resolved
+23.3% vs TC avg
Strong +82% interview lift
Without
With
+81.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
18 currently pending
Career history
176
Total Applications
across all art units

Statute-Specific Performance

§101
13.5%
-26.5% vs TC avg
§103
73.6%
+33.6% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
2.2%
-37.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 150 resolved cases

Office Action

§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 . This office Action is in response to Application 19252830 filed on 06/27/2025. Claims 1, 4, and 7 are independent claims. Claims 1-9 have been examined and are pending in this application. This Office Action is made Non-Final. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/05/2025 and 01/05/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 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. 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. 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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cheriton et al. (“Cheriton,” US 8,493,867, published on 07/23/2013) in view of Dondeti et al. (“Dondeti,” US 8,687,485, published on 04/01/2014). Regarding Claim 1; Cheriton discloses a communication method, comprising: determining, by a security tunnel receiving end, first information, wherein the first information indicates a protocol header sequence number of a service data packet received by the security tunnel receiving end (Col 5, lines 8-16; a tunneling protocol or IPSecESP (Internet Protocol Security (IPSec) Encapsulating Security Payload (ESP)) to communicate packets via tunnel. For example, network device can send a packet to network device via tunnel by encapsulating that packet with a tunnel header and then forwarding the encapsulated packet to network device via link according to information in the tunnel header; Col 7, lines 11- 17; when a packet is received via one of input ports, forwarding engine uses information in the packet's header to determine the forwarding action to take. For example, forwarding engine can access a lookup table, based on the packet's header, in order to determine how to forward the packet; Col 10, lines 54-61; determine the packet sequence number to include in a tunneled packet's tunnel header from the value of next sequence number); and sending, by the security tunnel receiving end, the service data packet based on the first information (Col 7, lines 26-34; when forwarding engine determines that a packet should be transmitted via a network tunnel, control unit encapsulates that packet with an appropriate tunnel header and forwards the encapsulated packet to the transmission queue for the output port associated with the tunnel [] forward packets that are to be transmitted via tunnel to transmission queue for output via output port). Cheriton disclose wherein the first information indicates a protocol header sequence number of a service data packet received by the security tunnel receiving end as recited above, but do not explicitly disclose security protocol header. However, in an analogous art, Dondeti discloses providing replay protection system/method that includes: security protocol header (Dondeti: Col 7, lines 34-35; the sequence number is extracted from the security protocol header). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Dondeti with the method/system of Cheriton to include security protocol header. One would have been motivated to identifier indicates a format or transformation of a packet transmitted by an associated member. The transform identifier can therefore be used at a receiving device to distinguish between transmissions by different members of the group (Dondeti: abstract). Regarding Claim 2; The combination of Cheriton and Dondeti disclosed the method according to claim 1, Cheriton discloses wherein the sending, by the security tunnel receiving end, the service data packet based on the first information comprises (Cheriton: Col 7, lines 26-34; when forwarding engine determines that a packet should be transmitted via a network tunnel, control unit encapsulates that packet with an appropriate tunnel header and forwards the encapsulated packet to the transmission queue for the output port associated with the tunnel [] forward packets that are to be transmitted via tunnel to transmission queue for output via output port): sending, by the security tunnel receiving end, the service data packet based on the security protocol header sequence number that is of the service data packet and that is indicated by the first information being an expected sequence number; or buffering, by the security tunnel receiving end, the service data packet based on the security protocol header sequence number that is of the service data packet and that is indicated by the first information being not an expected sequence number (Cheriton: Col 7, lines 26-34; when forwarding engine determines that a packet should be transmitted via a network tunnel, control unit encapsulates that packet with an appropriate tunnel header and forwards the encapsulated packet to the transmission queue for the output port associated with the tunnel [] forward packets that are to be transmitted via tunnel to transmission queue for output via output port). Dondeti further discloses security protocol header (Dondeti: Col 7, lines 34-35; the sequence number is extracted from the security protocol header). The motivation is the same as claim 1 above. Regarding Claim 3; The combination of Cheriton and Dondeti disclosed the method according to claim 1, Cheriton disclose wherein the sending, by the security tunnel receiving end, the service data packet based on the first information comprises (Cheriton: Col 7, lines 26-34; when forwarding engine determines that a packet should be transmitted via a network tunnel, control unit encapsulates that packet with an appropriate tunnel header and forwards the encapsulated packet to the transmission queue for the output port associated with the tunnel [] forward packets that are to be transmitted via tunnel to transmission queue for output via output port): based on the security protocol header sequence number that is of the service data packet and that is indicated by the first information being not an expected sequence number and a buffer being full, sequentially sending, by the security tunnel receiving end, buffered service data packets, and sending the service data packet (Cheriton: Col 5, lines 34-43; the tunnel update packets indicate a "window" of packets that the egress of network tunnel is prepared to receive (e.g., the size of this window can vary depending on the available buffer space for storing tunneled packets). In response to the tunnel update packets, network device updates its state information and/or sends a copy of any packet that was not received at the tunnel egress. Network device can also control the bandwidth available to tunnel based on the information in the tunnel update packets; Col 12, lines 34-48; if the received packet's sequence number is less than next sequence number expected, a copy of that packet has already been received by network device and the packet is dropped. If the packet's sequence number is greater than next sequence number expected 654 and less than next sequence number 656 (e.g., if the packet is received out-of-order and is within the window of packets that the tunnel egress is prepared to receive) and if there is space in deferred forwarding queue, the packet is added to the deferred forwarding queue. If there is no space [i.e., buffer being full] in deferred forwarding queue as indicated by difference between the current values of next sequence number 652 and next sequence number expected 654, control unit updates next sequence number expected to make room for the new packet. If the updated value of next sequence number expected equals the sequence number of the packet at the head of deferred forwarding queue, that packet will be forwarded by forwarding engine). Dondeti further discloses security protocol header (Dondeti: Col 7, lines 34-35; the sequence number is extracted from the security protocol header). The motivation is the same as claim 1 above. Regarding Claim 4; This Claim recites an apparatus that perform the same steps as method of Claim 1, and has limitations that are similar to Claim 1, thus are rejected with the same rationale applied against claim 1. Regarding Claim 5; This Claim recites an apparatus that perform the same steps as method of Claim 2, and has limitations that are similar to Claim 2, thus are rejected with the same rationale applied against claim 2. Regarding Claim 6; This Claim recites an apparatus that perform the same steps as method of Claim 3, and has limitations that are similar to Claim 3, thus are rejected with the same rationale applied against claim 3. Regarding Claim 7; This Claim recites a non-transitory computer-readable media that perform the same steps as method of Claim 1, and has limitations that are similar to Claim 1, thus are rejected with the same rationale applied against claim 1. Regarding Claim8; This Claim recites a non-transitory computer-readable media that perform the same steps as method of Claim 2, and has limitations that are similar to Claim 2, thus are rejected with the same rationale applied against claim 2. Regarding Claim 9; This Claim recites a non-transitory computer-readable media that perform the same steps as method of Claim 3, and has limitations that are similar to Claim 3, thus are rejected with the same rationale applied against claim 3. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAO WANG whose telephone number is (313)446-6644. The examiner can normally be reached on Monday-Friday 7:30-4:30PM 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, Luu Pham can be reached on (571)270-5002. 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. /C.W./Examiner, Art Unit 2439 /LUU T PHAM/Supervisory Patent Examiner, Art Unit 2439
Read full office action

Prosecution Timeline

Jun 27, 2025
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12737455
MULTI-PROCESS CLUSTERING-BASED RANSOMWARE ATTACK DETECTION DEVICE AND METHOD, AND RECORDING MEDIUM FOR RECORDING PROGRAM FOR IMPLEMENTING METHOD
3y 2m to grant Granted Sep 15, 2026
Patent 12712871
SYSTEMS, METHODS, AND APPARATUSES FOR TRANSMISSION OF VERIFICATION CERTIFICATES IN AN ELECTRONIC NETWORK
3y 11m to grant Granted Aug 18, 2026
Patent 12705343
TECHNIQUES FOR CYBERSECURITY INSPECTION OF MULTIPLE LAYER VIRTUAL WORKLOADS
3y 2m to grant Granted Aug 11, 2026
Patent 12682048
SYSTEMS AND METHODS FOR DETECTION OF SYNTHETIC IDENTITY MALFEASANCE
1y 11m to grant Granted Jul 14, 2026
Patent 12664257
Control Device, Unauthorized Command Detection Method, and Program
2y 9m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+81.9%)
2y 8m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 150 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month