Prosecution Insights
Last updated: April 19, 2026
Application No. 17/451,369

AVOIDING OUT OF ORDER UPLINK DATA RECEPTION UPON DATA RADIO BEARER RELEASE, HANDOVER TO ANOTHER DATA RADIO BEARER, OR QUALITY OF SERVICE FLOW ADDITION

Final Rejection §103
Filed
Oct 19, 2021
Examiner
MADANI, FARIDEH
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
6 (Final)
77%
Grant Probability
Favorable
7-8
OA Rounds
2y 9m
To Grant
98%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
297 granted / 384 resolved
+15.3% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
27 currently pending
Career history
411
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
59.2%
+19.2% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 384 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments 2. Applicant's arguments filed 01/07/2026 have been fully considered but they are not persuasive. Applicant asserts (page 9 of remarks): a) Turtinen fails to teach or suggest "starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI" as recited in claim 1 and similar features recited in claims 10, 19, and 23. b) However, the Examiner very kindly directs applicant to UE 110 determines whether a QoS flow ID corresponding to the new QoS flow matches a flow ID in the configured QoS flow ID space. The Non-Access Stratum (NAS) will map IP flows to QoS flows. The UE may have been configured for NAS to map certain IP flows to certain QoS flows, but there is as of yet no rule for QoS flow to DRB mapping. If the QoS flow ID does not match a flow ID in the configured QoS flow ID space 370-4 (block 325=No, i.e., the condition in the rule 380-3 is not met), the flow proceeds to block 345. In block 345, the UE 110 maps the new QoS flow packet to buffer of default DRB. In block 355, the UE 110 transmits the new QoS flow packet using default DRB. If the QoS flow ID matches a flow ID in the configured QoS flow ID space 370-4 (block 325=Yes, i.e., the condition in the rule 380-3 is met), flow proceeds to block 330. Blocks 315, 320, and 325 can all result (if the condition for each of the corresponding rules 380-1, 380-2, or 380-3 in the blocks is “Yes”, meaning the condition is met) in arriving at block 330. In block 330, the UE 110 determines whether a default DRB buffer delay or queuing delay is greater than (“>”) a threshold 370-5. These could be the same delay such that there is only a single threshold 370-5, or there could be two delays such that there are two thresholds 370-5 (each threshold 370-5—which may be different—corresponds to one of the default DRB buffer delay or queuing delay). If so (block 330=Yes, i.e., the condition in the rule 380-4 is met), then in block 335, the UE 110 triggers RRC signaling for the new QoS flow indication to request a dedicated DRB for the new QoS flow, and also starts timer T1. Note that triggering the RRC signaling means that RRC signaling is performed. The UE 110 determines, in block 340, whether an RRC reconfiguration is received within the time period 370-6 of the configured timer T1. Note that the time period for the configured timer T1 may be received (and configured) in block 305. If the RRC reconfiguration is received within the time period 370-6 of the configured timer T1 (block 340=Yes, i.e., the condition in rule 380-5 is met), the flow proceeds to block 350, where the UE 110 maps the new QoS flow packet to the buffer 179 of the configured DRB. It is a bit of a modelling issue, but there can be a buffer above DRBs (e.g., the transmission buffer 178) and then a buffer 179 per DRB (where the packet is already mapped to a DRB). In block 360, the UE 110 transmits the new QoS flow packet using the configured DRB. If the QoS flow ID does not match the a flow ID in the configured QoS flow ID space 370-4 (block 325=No, i.e., the condition in the rule 380-3 is not met), or if the default DRB buffer or queuing delay is not greater than a corresponding threshold 370-5 (block 330=No, i.e., the condition in the rule 380-4 is not met), or if the RRC reconfiguration is not received within the time period 370-6 of the configured timer T1 (block 340=No, i.e., the condition in the rule 380-5 is not met), the flow proceeds to block 345. Note that block 340=No also means expiry of the timer without reception of RRC configuration. In block 345, the UE 110 maps the new QoS flow packet to a buffer of the default DRB. As described above, there can be a buffer above DRBs (e.g., the transmission buffer 178) and then a buffer 179 per DRB (where the packet is already mapped to a DRB) (¶0083-85). Therefore, Turtinen teaches starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the QFI. c) Applicant's arguments with regards to dependent claims are based on the deficiency of the references to support the limitations of independent claims. The arguments are respectfully traversed for the same reason(s) as stated above for rejection of independent claims. 3. Therefore, the limitations of the claims are met and the rejection is made final. Claim Rejections - 35 USC § 103 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, 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 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. A) Claims 1, 10, 19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over CHO (US 2019/0150023 A1) in view of TURTINEN (US 2020/0053592 A1). As per claim 1, CHO teaches a method of wireless communications performed by a user equipment (UE) (CHO, Fig.9, a method of wireless communications performed by UE) , comprising: receiving a non-access stratum (NAS) protocol data unit (PDU) session modification command for a PDU session that adds a new quality of service (QoS) flow having a first QoS flow identifier (QFI) (CHO, ¶0113-114 and ¶0120, receiving NAS message/command for PDU session establishment/modification that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID). However, CHO does not explicitly teach determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and preventing, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI. In the same field of endeavor, TURTINEN teaches determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and preventing, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed. As per claim 10, CHO teaches a apparatus of wireless communications (CHO, ¶0168, apparatus for wireless communication, comprising: one or more processors, individually or collectively (CHO, ¶0168, microprocessor), configured to: receive a non-access stratum (NAS) protocol data unit (PDU) session modification command for a PDU session that adds a new quality of service (QoS) flow having a first QoS flow identifier (QFI) (CHO, ¶0113-114 and ¶0120, receiving NAS message/command for PDU session establishment/modification that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID); and a memory coupled with the one or more processors (CHO, ¶0168, memory). However, CHO does not explicitly teach determine that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; start a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and prevent, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI. In the same field of endeavor, TURTINEN teaches determine that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); start a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and prevent, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed. As per claim 19, CHO teaches a non-transitory computer-readable medium comprising computer-executable instructions that, when executed by one or more processors of a user equipment (UE) (CHO, ¶0175, memory unit and executed by a processor), cause the UE to perform a method of wireless communications (CHO, Fig.9, a method of wireless communications performed by UE) , the method comprising: receiving a non-access stratum (NAS) protocol data unit (PDU) session modification command for a PDU session that adds a new quality of service (QoS) flow having a first QoS flow identifier (QFI) (CHO, ¶0113-114 and ¶0120, receiving NAS message/command for PDU session establishment/modification that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID). However, CHO does not explicitly teach determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and preventing, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI. In the same field of endeavor, TURTINEN teaches determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and preventing, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed. As per claim 23, CHO teaches an apparatus of wireless communications (CHO, Fig.9, apparatus of wireless communications) comprising: means for receiving a non-access stratum (NAS) protocol data unit (PDU) session modification command for a PDU session that adds a new quality of service (QoS) flow having a first QoS flow identifier (QFI) (CHO, ¶0113-114 and ¶0120, receiving NAS message/command for PDU session establishment/modification that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID). However, CHO does not explicitly teach means for determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; means for starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and means for preventing, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI. In the same field of endeavor, TURTINEN teaches means for determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); means for starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and means for preventing, during a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed. B) Claims 27, 30, 33, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over CHO (US 2019/0150023 A1) in view of TURTINEN (US 2020/0053592 A1) and further in view of SEBIRE (WO 2018/172602 A1). As per claim 27 as applied to claim 1 above, CHO in view of TURTINEN does not explicitly teach receiving the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and stopping the timer based at least in part on receiving the mapping rule. In the same field of endeavor, SEBIRE teaches receiving the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and stopping the timer based at least in part on receiving the mapping rule (page 5, lines 9-17, receiving the uplink QoS flow to S-DRB remapping and lapsing or stopping the timer based on the receiving part). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of SEBIRE into invention of CHO and TURTINEN in order to improve packet handling after a quality of service flow remapping to a new data radio bearer. As per claim 30 as applied to claim 10 above, CHO in view of TURTINEN does not explicitly teach receive the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and stop the timer based at least in part on receiving the mapping rule. In the same field of endeavor, SEBIRE teaches receive the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and stop the timer based at least in part on receiving the mapping rule (page 5, lines 9-17, receiving the uplink QoS flow to S-DRB remapping and lapsing or stopping the timer based on the receiving part). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of SEBIRE into invention of CHO and TURTINEN in order to improve packet handling after a quality of service flow remapping to a new data radio bearer. As per claim 33 as applied to claim 19 above, CHO in view of TURTINEN does not explicitly teach receiving the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and stopping the timer based at least in part on receiving the mapping rule. In the same field of endeavor, SEBIRE teaches receiving the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and stopping the timer based at least in part on receiving the mapping rule (page 5, lines 9-17, receiving the uplink QoS flow to S-DRB remapping and lapsing or stopping the timer based on the receiving part). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of SEBIRE into invention of CHO and TURTINEN in order to improve packet handling after a quality of service flow remapping to a new data radio bearer. As per claim 36 as applied to claim 23 above, CHO in view of TURTINEN does not explicitly teach means for receiving the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and means for stopping the timer based at least in part on receiving the mapping rule. In the same field of endeavor, SEBIRE teaches means for receiving the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and means for stopping the timer based at least in part on receiving the mapping rule (page 5, lines 9-17, receiving the uplink QoS flow to S-DRB remapping and lapsing or stopping the timer based on the receiving part). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of SEBIRE into invention of CHO and TURTINEN in order to improve packet handling after a quality of service flow remapping to a new data radio bearer. Allowable Subject Matter 5. Claims 28-29, 31-32, 34-35 and 37-38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 6. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIDEH MADANI whose telephone number is (571)272-1249. The examiner can normally be reached Monday through Friday; 9 AM to 5 PM 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, JINSONG HU can be reached at 5712723965. 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. /FARIDEH MADANI/Examiner, Art Unit 2643 /JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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Prosecution Timeline

Oct 19, 2021
Application Filed
Oct 05, 2023
Non-Final Rejection — §103
Jan 10, 2024
Response Filed
Mar 27, 2024
Final Rejection — §103
May 29, 2024
Response after Non-Final Action
Jun 05, 2024
Response after Non-Final Action
Jun 27, 2024
Request for Continued Examination
Jul 01, 2024
Response after Non-Final Action
Jul 24, 2024
Non-Final Rejection — §103
Oct 29, 2024
Response Filed
Feb 14, 2025
Final Rejection — §103
Apr 15, 2025
Response after Non-Final Action
Aug 01, 2025
Request for Continued Examination
Aug 05, 2025
Response after Non-Final Action
Oct 03, 2025
Non-Final Rejection — §103
Jan 07, 2026
Response Filed
Mar 05, 2026
Final Rejection — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
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Grant Probability
98%
With Interview (+20.4%)
2y 9m
Median Time to Grant
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