Prosecution Insights
Last updated: May 29, 2026
Application No. 17/777,444

DATA PACKET SENDING METHOD AND APPARATUS AND DATA PACKET RECEIVING METHOD AND APPARATUS

Non-Final OA §103
Filed
May 17, 2022
Priority
Nov 18, 2019 — CN 201911128889.0 +1 more
Examiner
KAO, JUTAI
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
ZTE CORPORATION
OA Round
4 (Non-Final)
80%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
532 granted / 666 resolved
+21.9% vs TC avg
Strong +17% interview lift
Without
With
+17.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
15 currently pending
Career history
700
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
85.9%
+45.9% vs TC avg
§102
2.7%
-37.3% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 666 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 . Response to Amendment Amendments filed on 12/05/2025 are entered. The amendments overcome the previously presented 35 U.S.C. 112(b) rejections of claims 1-2, 5-8, 11-13, 16-19 and 21-22. Corresponding 35 U.S.C. 112(b) rejections are withdrawn. The amendments change the scopes of the previously presented claims. New grounds of rejections are applied to the amended claims and the current Office Action is made FINAL as necessitated by the claim amendments. Response to Arguments Applicant’s arguments with respect to claim(s) 1-2, 5-8, 11-13, 16-19 and 21-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. With regards to the arguments, the arguments based on the currently amended feature of “SC-PTM” is moot as the feature is newly added to the claims and is addressed based on newly cited prior art as shown in the rejections below. With regards to arguments of technical features 2)-4) as listed on page 8 of the response filed on 12/05/2025, the arguments have been fully considered but they are not persuasive. Regarding feature 2), which includes “the first message further indicates at least one of: the total number of data packets to be transmitted, a data transmission period, the number of retransmissions of a designated data packet, a new-transmission time-domain interval of the designated data packet, and a retransmission time-domain interval of the designated data packet”, the applicant made several arguments using their own definition of the claimed terms that are not defined in the claims. In the last paragraph on page 9 of the Applicant’s response, the Applicant argued that previously cited reference, Lim, discloses a “transmission time” that is not the claimed “transmission period” because “the transmission period is a transmission interval between two adjacent data packets”. However, the claim only include the term “transmission period” without any requirements on the transmission period being a transmission interval between two adjacent data packets. As Lim discloses a transmission time and any transmission must take up a period time, the transmission time in Lim is considered a transmission period, which meets the requirement of the claimed “transmission period”. Similarly, in the second paragraph on page 10 of the Applicant’s argument, when the claim simply recites “a data transmission period”, the argument continues to question how the cited reference merely refers to the transmission interval of a certain packet and not describe a transmission period as part of controlling the overall data transmission strategy. The arguments based on features that are not present in the claims are not considered. Regarding feature 3), which includes “the first message further indicates data transmission stop information, wherein the stop information comprises at least one of: the type of a stopped service, and a transmission-stopped time-domain interval”, the Applicant argues that Lim and Yang fail to disclose these features. Firstly, Lim was not relied upon in the previous Office Action to disclose feature 3), so the arguments against Lim on feature 3) is not considered herein. With regards to Yang, the Applicant argues that Yang discloses messages used to activate or deactivate a service type but do not mention that the messages will carry stop information indicating the type of the traffic or the interval of the time domains. However, as shown in the previous Office Action, Yang discloses that the DCI that “includes a service type DCI format that indicates a stop to the service type mode” (paragraph [0157] of Yang). Therefore, this particular DCI in Yang is considered to be top information indicating the type of the stopped service as required by the claim. Regarding feature 4), which includes “the first message is downlink control information (DCI), the DCI is configured to indicate indexes of data packets, and also indicate the number of data packets to be transmitted within a predefined period, or indicate that data packets of different indexes are different”, the Applicant argues that Lim discloses a number of packets received within a single HARQ feedback period, and does not relate to the total number of packets to be sent within the predefined period (page 13, first paragraph of the Applicant’s response). However, the claim, or the Applicant’s argument, does not show how the “predefined period” being different from Lim’s HARQ feedback period. The Applicant’s argument is therefore not persuasive. As shown above, the arguments against features 2)-4) are not persuasive, and the previously presented grounds of rejections with regards these features are maintained. Argument against feature 1) is moot, as the currently amended claims alters the scopes of the previously presented claims, thereby requiring a new grounds of rejection to be presented against feature 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. 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. Claim(s) 1, 5, 7, 11, 13, 16-18 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2015/0124719) in view of Li (US 2022/0248184), Yang (US 2019/0379518) and Urman (US 2021/0385169). Lim discloses the following features. Regarding claim 1, a method for sending a data packet (see PDSCH packet transmission shown in paragraph [0069] and Fig. 5), comprising: sending a first message to a terminal, wherein the first message at least indicates a first index of a first data packet to be sent (see “transmitting end 500 sequentially transmits a packet 0, a packet 1, a packet 2, a packet 3, and a packet 4 to a receiving end 510 over the PDSCH in steps 521 through 529. In so doing, the transmitting end 500 transmits the packet index of each packet to the receiving end 510 using the DCI transmitted through the PDCCH” recited in paragraph [0069]; wherein the DCI is considered as the claimed first message, and packets 0-4 on the PDSCH are data packets indicated by the corresponding DCI); and sending the first data packet to the terminal (see Fig. 5 and paragraph [0069], wherein data packets 0-4 are sent to the receiving end), the first message further indicates at least one of: the total number of data packets to be transmitted (see “Here, the packet index (Downlink Assignment Index (DAI)) is in a size indicating the number of the packets carrying the HARQ feedback information using the single feedback signal in the receiving end. For example, when the receiving end transmits to the transmitting end the HARQ feedback information of four packets using the single feedback signal, the packet index includes 2 bits” recited in paragraph [0066]), a data transmission period (see “the receiving end can confirm the packet transmission time from the transmitting end to the receiving end in Downlink Control Information (DCI) received through a Physical Downlink Control Channel (PDCCH)” recited in paragraph [0066]), the number of retransmissions of a designated data packet, a new-transmission time-domain interval of the designated data packet, and a retransmission time-domain interval of the designated data packet (see “packet transmission time” in paragraph [0066] and DCI transmission for data retransmission during steps 535 and 537 in Fig. 5); wherein the first message is DCI (see “DCI” recited in paragraph [0066]); the DCI is configured to indicate indexes of data packets, and also indicate the number of data packets to be transmitted within the predefined period (see “Here, the packet index (Downlink Assignment Index (DAI)) is in a size indicating the number of the packets carrying the HARQ feedback information using the single feedback signal in the receiving end” recited in paragraph [0066], wherein the predefined period being the period during which the number of packets carrying the HARQ feedback information using the single feedback is transmitted; that is, by transmitting the DCI with a DAI, a number of packets as indicated by the size of the DAI is to be transmitted is defined, the transmission of the number of packets must take a transmission interval of undetermined length; even though the length of that interval is undetermined, the interval, such as the interval from step 521-527 in Fig. 5, is to occur and begins with the transmission of the first packet (step 521 in Fig. 5) and ends with the transmission last packet to be carried the same single HARQ feedback (step 527 in Fig. 5), the interval is considered to be defined), or indicate the data packets of different indexes are different (see Fig. 5, each index for the same HARQ feedback contain different packets). Regarding claim 5, wherein the first message is a downlink control information or a control channel configuration message (see “DCI” recited in paragraph [0069]). Regarding claim 7, a method for receiving a data packet (see PDSCH packet transmission shown in paragraph [0069] and Fig. 5), comprising: receiving a first message, wherein the first message at least indicates a first index of a first data packet to be received (see “transmitting end 500 sequentially transmits a packet 0, a packet 1, a packet 2, a packet 3, and a packet 4 to a receiving end 510 over the PDSCH in steps 521 through 529. In so doing, the transmitting end 500 transmits the packet index of each packet to the receiving end 510 using the DCI transmitted through the PDCCH” recited in paragraph [0069]; wherein the DCI is considered as the claimed first message, and packets 0-4 on the PDSCH are data packets indicated by the corresponding DCI), wherein the first message further indicates at least one of: the total number of data packets to be transmitted(see “Here, the packet index (Downlink Assignment Index (DAI)) is in a size indicating the number of the packets carrying the HARQ feedback information using the single feedback signal in the receiving end. For example, when the receiving end transmits to the transmitting end the HARQ feedback information of four packets using the single feedback signal, the packet index includes 2 bits” recited in paragraph [0066]), a data transmission period (see “the receiving end can confirm the packet transmission time from the transmitting end to the receiving end in Downlink Control Information (DCI) received through a Physical Downlink Control Channel (PDCCH)” recited in paragraph [0066]), the number of retransmissions of a designated data packet, a new-transmission time-domain interval of the designated data packet, and a retransmission time-domain interval of the designated data packet (see “packet transmission time” in paragraph [0066] and DCI transmission for data retransmission during steps 535 and 537 in Fig. 5); wherein the first message is DCI (see “DCI” recited in paragraph [0066]); the DCI is configured to indicate indexes of data packets, and also indicate the number of data packets to be transmitted within the predefined period (see “Here, the packet index (Downlink Assignment Index (DAI)) is in a size indicating the number of the packets carrying the HARQ feedback information using the single feedback signal in the receiving end” recited in paragraph [0066], wherein the predefined period being the period during which the number of packets carrying the HARQ feedback information using the single feedback is transmitted; that is, by transmitting the DCI with a DAI, a number of packets as indicated by the size of the DAI is to be transmitted is defined, the transmission of the number of packets must take a transmission interval of undetermined length; even though the length of that interval is undetermined, the interval, such as the interval from step 521-527 in Fig. 5, is to occur and begins with the transmission of the first packet (step 521 in Fig. 5) and ends with the transmission last packet to be carried the same single HARQ feedback (step 527 in Fig. 5), the interval is considered to be defined), or indicate the data packets of different indexes are different (see Fig. 5, each index for the same HARQ feedback contain different packets). Regarding claim 11, wherein the first message is a control channel configuration message (see “DCI” recited in paragraph [0069]). Regarding claim 13, an apparatus for sending a data packet (see PDSCH packet transmission shown in paragraph [0069] and Fig. 5), comprising: a first sending module, configured to send a first message to a terminal, wherein the first message at least indicates a first index of a first data packet to be sent (see “transmitting end 500 sequentially transmits a packet 0, a packet 1, a packet 2, a packet 3, and a packet 4 to a receiving end 510 over the PDSCH in steps 521 through 529. In so doing, the transmitting end 500 transmits the packet index of each packet to the receiving end 510 using the DCI transmitted through the PDCCH” recited in paragraph [0069]; wherein the DCI is considered as the claimed first message, and packets 0-4 on the PDSCH are data packets indicated by the corresponding DCI); and a second sending module configured to send the first data packet to the terminal (see Fig. 5 and paragraph [0069], wherein data packets 0-4 are sent to the receiving end), wherein the first message further indicates at least one of: the total number of data packets to be transmitted (see “Here, the packet index (Downlink Assignment Index (DAI)) is in a size indicating the number of the packets carrying the HARQ feedback information using the single feedback signal in the receiving end. For example, when the receiving end transmits to the transmitting end the HARQ feedback information of four packets using the single feedback signal, the packet index includes 2 bits” recited in paragraph [0066]), a data transmission period (see “the receiving end can confirm the packet transmission time from the transmitting end to the receiving end in Downlink Control Information (DCI) received through a Physical Downlink Control Channel (PDCCH)” recited in paragraph [0066]), the number of retransmissions of a designated data packet, a new-transmission time-domain interval of the designated data packet, and a retransmission time-domain interval of the designated data packet (see “packet transmission time” in paragraph [0066] and DCI transmission for data retransmission during steps 535 and 537 in Fig. 5); wherein the first message is DCI (see “DCI” recited in paragraph [0066]); the DCI is configured to indicate indexes of data packets, and also indicate the number of data packets to be transmitted within the predefined period (see “Here, the packet index (Downlink Assignment Index (DAI)) is in a size indicating the number of the packets carrying the HARQ feedback information using the single feedback signal in the receiving end” recited in paragraph [0066], wherein the predefined period being the period during which the number of packets carrying the HARQ feedback information using the single feedback is transmitted; that is, by transmitting the DCI with a DAI, a number of packets as indicated by the size of the DAI is to be transmitted is defined, the transmission of the number of packets must take a transmission interval of undetermined length; even though the length of that interval is undetermined, the interval, such as the interval from step 521-527 in Fig. 5, is to occur and begins with the transmission of the first packet (step 521 in Fig. 5) and ends with the transmission last packet to be carried the same single HARQ feedback (step 527 in Fig. 5), the interval is considered to be defined), or indicate the data packets of different indexes are different (see Fig. 5, each index for the same HARQ feedback contain different packets). Regarding claims 16-17, non-transitory computer-readable storage medium/electronic device to execute the method of claim 1 (see rejection of claim 1). Regarding claims 18 and 21, non-transitory computer-readable storage medium/electronic device to execute the method of claim 7 (see rejection of claim 7). Lim does not disclose the following feature: regarding claims 1 and 13, wherein the first message is transmitted by a current SC-PTM, wherein the first message further indicates data transmission stop information, wherein the stop information comprises at least one of: the type of a stopped service, and a transmission-stopped time-domain interval; and wherein the first data packet is used for instructing the terminal to abandon receiving the first data packet in cases where the first index is the same as a second index of a second data packet which has been received by the terminal, wherein the same data packets are configured with the same index; regarding claim 7, wherein the first message is transmitted by a current SC-PTM, wherein the first message further indicates data transmission stop information, wherein the stop information comprises at least one of: the type of a stopped service, and a transmission-stopped time-domain interval; and abandoning receiving the first data packet in cases where the first index is the same as a second index of a second data packet which has been received by the terminal, wherein the same data packets are configured with the same index. Li discloses the following features. Regarding claims 1, 7 and 13, wherein the first message is transmitted by a current SC-PTM (see “In the SC-PTM technology, a network device may send, to a group of terminal devices in a cell, downlink control information (DCI) carried on a physical downlink control channel (PDCCH)” recited in paragraph [0124], such that the DCI transmission as taught by Lim above may be modified to use the SC-PTM technology for transmission to a group of terminal devices in a cell). Yang discloses the following features. Regarding claims 1, 7 and 13, wherein the first message further indicates data transmission stop information, wherein the stop information comprises at least one of: the type of a stopped service (see “a DCI message that includes a service type DCI format that indicates a stop to the service type mode” recited in paragraph [0157]), and a transmission-stopped time-domain interval. Urman discloses the following features. Regarding claims 1 and 13, wherein the first data packet is used for instructing the terminal to abandon receiving the first data packet in cases where the first index is the same as a second index of a second data packet which has been received by the terminal, wherein the same data packets are configured with the same index (see “The receiver communication apparatus 124 may pass a first packet received with each of the particular packet identifiers, and drop or ignore subsequent packets received with duplicate packet identifiers” recited in paragraph [0062]). Regarding claim 7, abandoning receiving the first data packet in cases where the first index is the same as a second index of a second data packet which has been received by the terminal, wherein the same data packets are configured with the same index (see “The receiver communication apparatus 124 may pass a first packet received with each of the particular packet identifiers, and drop or ignore subsequent packets received with duplicate packet identifiers” recited in paragraph [0062]). It would have been obvious to one of ordinary skill in the art at the effective filing date of the current application to modify the system of Lim using features, as taught by Li, Yang and Urman, in order to implement multicast transmission (see paragraphs [0123]-[0124] of Li); in order to instruct the UE to stop monitoring for a service type (see paragraph [0020] of Yang) and in order to discard duplicate packets (see paragraph [0062] of Urman). Claim(s) 2, 8, 19 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim, Li, Yang and Urman as applied to claims 1 and 7 above, and further in view of Babaei (US 12,192,006). Lim, Li, Yang and Urman disclose the features as shown above. Regarding claims 19 and 22, electronic device to execute the method of claim 2/8 (see rejection of claim 2/8). Lim does not disclose the following features: regarding claims 2 and 8, sending/receiving the data packets according to a data transmission period, wherein a designated data packet in the data packets is configured to perform one new transmission and at least one retransmission within a designated data transmission period. Babaei discloses the following features. Regarding claims 2 and 8, sending/receiving the data packets according to a data transmission period, wherein a designated data packet in the data packets is configured to perform one new transmission and at least one retransmission within a designated data transmission period (see transmission period shown in Fig. 17 including the HARQ RTT timer and downlink DRX retransmission timer; wherein “HARQ RTT Timer may specify a minimum duration from the time new transmission is received and before the UE may expect a retransmission of a same packet. In an example, this timer may be fixed and may not be configured by RRC” and “drx-RetransmissionTimer may indicate a maximum duration for which UE may be monitoring PDCCH when a retransmission from the eNodeB is expected by the UE” recited in column 23, lines 53-61; wherein the data transmission period shown in Fig. 17 including the length of the two timers must include the new transmission and the retransmission). It would have been obvious to one of ordinary skill in the art at the effective filing date of the current application to modify the system of Lim, Li, Yang and Urman using features, as taught by Babaei, in order to enhances HARQ retransmission in a wireless device and base station by allowing a base station to configure different values for HARQ RTT timers for different wireless devices based on HARQ requirements (see column 29, lines 21-50). Claim(s) 6 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim, Li, Yang and Urman as applied to claims 1 and 7 above, and further in view of Damnjanovic (US 2016/0285775). Lim, Li, Yang and Urman disclose the features as shown above. Lim does not disclose the following features: regarding claims 6 and 12, sending/receiving a second message to the terminal, wherein the second message indicates the total number of data packets to be transmitted within a designated data transmission period and/or indexes of the data packets within the designated data transmission period. Damnjanovic discloses the following features. Regarding claims 6 and 12, sending a second message to the terminal, wherein the second message indicates the total number of data packets to be transmitted within a designated data transmission period and/or indexes of the data packets within the designated data transmission period (see “According to some aspects of the present disclosure, the DCI may include DL scheduling assignments or UL resource grants that identify allocated resources and resource characteristics (e.g., variable TTI information) that allow for transmission of integer numbers of packets within a particular allocation of resources” recite din paragraph [0068], wherein the allocated resources include resources in a time domain that represents the claimed designated data transmission period; Lim discloses transmission of multiple DCIs, the DCI in Damnjanovic may therefore be applied to a second DCI different from the first DCI as applied in the rejection for the claimed “first message” above). It would have been obvious to one of ordinary skill in the art at the effective filing date of the current application to modify the system of Lim, Li, Yang and Urman using features, as taught by Damnjanovic, in order to allow for transmission of integer numbers of packets within a particular allocation of resources (see paragraph [0068] of Damnjanovic). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JUTAI KAO whose telephone number is (571)272-9719. The examiner can normally be reached Monday-Friday 8:00-17:00 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, Kwang Yao can be reached at (571)272-3182. 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. /JUTAI KAO/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Show 3 earlier events
May 07, 2025
Final Rejection mailed — §103
Jun 13, 2025
Response after Non-Final Action
Aug 01, 2025
Request for Continued Examination
Aug 05, 2025
Response after Non-Final Action
Sep 11, 2025
Non-Final Rejection mailed — §103
Dec 05, 2025
Response Filed
Apr 03, 2026
Final Rejection mailed — §103
May 14, 2026
Response after Non-Final Action

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Prosecution Projections

4-5
Expected OA Rounds
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97%
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3y 2m (~0m remaining)
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