Prosecution Insights
Last updated: April 19, 2026
Application No. 17/906,492

UE CAPABILITY AGGREGATION BETWEEN A PRIMARY UE AND A SECONDARY UE FOR NETWORK COMMUNICATION

Final Rejection §103
Filed
Sep 16, 2022
Examiner
IM, THEODORE
Art Unit
2413
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
4 (Final)
40%
Grant Probability
Moderate
5-6
OA Rounds
2y 11m
To Grant
57%
With Interview

Examiner Intelligence

Grants 40% of resolved cases
40%
Career Allow Rate
2 granted / 5 resolved
-18.0% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
48 currently pending
Career history
53
Total Applications
across all art units

Statute-Specific Performance

§103
67.1%
+27.1% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 5 resolved cases

Office Action

§103
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 Arguments Applicant’s arguments with respect to claims 1,3-7,9-15,17-18 and 32 have been considered but are moot in view of the new ground of rejection. 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. Claims 1,3,9,11,17 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over MA (US 2018/0343558 A1), in view of Shah et al. (US 2019/0045421 A1: hereinafter “Shah”). and further in view of PHUYAL et al. (US 2019/0124546 A1:hereinafter “PHUYAL”). Regarding claim 1, MA teaches a processor of a first user equipment (UE) ([0322] Fig. 11 Processing module, Fig. 12 1201 teaches a first user equipment) configured to perform operations comprising: establishing a device-to-device (D2D) connection with a second UE ([0094] Fig. 1 indicates that the first UE communicates with the second UE by using a D2D connection), wherein the first UE is configured with a protocol stack comprising at least an internet protocol (IP) layer, an aggregation layer and a UE user plane (FIG. 2a discloses that the first UE includes an IP layer, a PDCP layer and user plane layers (RLC, MAC, PHY)), wherein the aggregation layer is between the IP layer and the UE user plane (FIG. 2a discloses PDCP layers between IP layer and user plane layers); generating, by the IP layer (FIG. 2a IP layer), packets for uplink (UL) transmission to a network and identifying a quality of service (QoS) flow for the packets ([0105] processing IP data packet for uplink transmission to the network, [0107] assigning a data radio bearer (DRB) for each type of quality of service (QoS) data, [0069] identifying a data type based on the data received data); However, MA does not teach encapsulating, by the aggregation layer, each packet with a header comprising a sequence field and a key field, wherein the sequence field includes a sequence number for ordering a packet and the key field is configured to provide identifying information for the packet comprising at least a QoS flow identifier (QFI) and a data radio bearer (DRB) ID; generating, for transmission to the network via a first radio link, a first portion of the encapsulated packets, wherein the generating, for transmission to the network via the first radio link, comprises: determining, by the aggregation layer, the first portion based on a splitting ratio and submitting, by the aggregation layer, the first portion of the encapsulated packets to the UE user plane; generating, by the aggregation layer, a second portion of the encapsulated packets for transmission to the second UE via the D2D connection, wherein the aggregation layer determines the second portion based on the splitting ratio. In an analogous art, Shah teaches encapsulating, by the aggregation layer (FIG. 2 PDCP layer from L2 protocol stack 203), each packet with a header comprising a sequence field and a key field (FIG. 2 the IP packet 201, eRSS 202; [0043] These layers perform various functions such as encapsulation/decapsulation to transport channels, [0192] The PDCP layer maintains PDCP sequence number (SNs), [0044] the eRSS 202 identifies a network-specific identifier (NSI) 205), wherein the sequence field includes a sequence number for ordering a packet and the key field is configured to provide identifying information for the packet comprising at least a QoS flow identifier (QFI) and a data radio bearer (DRB) ID ([0192] The PDCP layer maintains PDCP sequence number (SNs), perform in-sequence delivery of upper layer PDUs, [0044] The eRSS 202 identifies a network-specific identifier (NSI) 205, the NSI is a data radio bearer (DRB) ID, [0193] The SDAP marks QoS flow IDs (QFIs) in DL and UL packets). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the packet as taught by Shah within the parameter of MA. One would have been motivated to do so in order to achieve an efficient service delivery through the reduced end-to-end latency (Shah [0106]). However, the combination of MA and Shah does not teach generating, for transmission to the network via a first radio link, a first portion of the encapsulated packets, wherein the generating, for transmission to the network via the first radio link, comprises: determining, by the aggregation layer, the first portion based on a splitting ratio and submitting, by the aggregation layer, the first portion of the encapsulated packets to the UE user plane; generating, by the aggregation layer, a second portion of the encapsulated packets for transmission to the second UE via the D2D connection, wherein the aggregation layer determines the second portion based on the splitting ratio. In an analogous art, PHUYAL teaches generating, for transmission to the network via a first radio link, a first portion of the encapsulated packets ([0093] discloses that the UE splits uplink data according to a configured splitting ratio such that portions of the data are transmitted over different links), wherein the generating, for transmission to the network via the first radio link ([0093]), comprises: determining, by the aggregation layer, the first portion based on a splitting ratio ([0085] discloses that the UE uses an indicated uplink ratio to determine how much data to transmit, [0093] splitting uplink data according to a configured ratio) and submitting, by the aggregation layer, the first portion of the encapsulated packets to the UE user plane ([0038] protocol stack layers including PDCP, RLC, MAC and PHY, [0097] discloses that LWAAP processing is terminated at the PDCP layer and that the PDCP layer may pass information to lower layer, thereby indicating that the aggregation layer submits packets to the UE user plane); generating, by the aggregation layer ([0038] PDCP layer), a second portion of the encapsulated packets for transmission to the second UE via the D2D connection, wherein the aggregation layer determines the second portion based on the splitting ratio ([0085] the UE uses an indicated uplink ratio to determine how much data to transmit, [0093] splitting uplink data according to a configured ratio such that portions of the data are transmitted over different links). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that LWAAP processing as taught by PHUYAL within the parameter of MA and Shah. One would have been motivated to do so in order to improve LTE-WLAN aggregation with a higher signal quality or throughput (PHUYAL [0025]). Regarding claim 3, the combination of MA, Shah and PHUYAL, specifically MA teaches wherein the operations further comprise: receiving a network configuration including parameters for determining whether to distribute the encapsulated packets to lower layers of the first UE for transmission to a network via the first radio link or to the second UE for transmission to the network via the second radio link ([0099] sending signaling to the first UE, RRC layer of the network side device is used to manage parameter configuration of an access link of the first UE, and configure a security parameter used for data transmission between the first UE and the network side device, [0271] Fig. 11 The receiving module is configured to receive data of first UE, where the data carries a first RBID and/or terminal identifier information of the first UE, and a first radio bearer (RB)). Regarding claim 9, the combination of MA, Shah and PHUYAL, specifically PHUYAL teaches wherein the splitting ratio is associated with a time window or packet window ([0093] an amount of data to send to WLAN and LTE based on the time window). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that LWAAP processing as taught by PHUYAL within the parameter of MA and Shah. One would have been motivated to do so in order to improve LTE-WLAN aggregation with a higher signal quality or throughput (PHUYAL [0025]). Regarding claim 11, MA teaches a processor of a first user equipment (UE) ([0322] Fig. 11 Processing module, Fig. 12 1201 teaches a first user equipment) configured to perform operations comprising: establishing a device-to-device (D2D) connection with a second UE ([0094] Fig. 1 indicates that the first UE communicates with the second UE by using a D2D connection), wherein the first UE is configured with a protocol stack comprising at least an internet protocol (IP) layer, an aggregation layer and a UE user plane (FIG. 2a discloses that the first UE includes an IP layer, a PDCP layer and user plane layers (RLC, MAC, PHY)), wherein the aggregation layer is between the IP layer and the UE user plane (FIG. 2a discloses PDCP layers between IP layer and user plane layers); receiving a network configuration for aggregating radio resources of the first and second UEs ([0094] Uplink data transmission is performed between the first UE and the network side device by using the second UE), generating, by the IP layer (FIG. 2a IP layer), IP packets for UL transmission to a network ([0105] processing IP data packet for uplink transmission to the network). However, MA does not teach the network configuration including parameters indicating, based on at least a QoS flow identifier (QFI), QoS flows to be one of i) aggregated, ii) duplicated or iii) both aggregated and duplicated; and determining, by the aggregation layer, whether to distribute uplink (UL) packets to the UE user plan of the first UE for transmission to a network over a first radio link or to the second UE for transmission to the network over a second radio link of the second UE based on at least the QFI, encapsulating, by the aggregation layer, each packet with a header comprising a sequence field and a key field, wherein the sequence field includes a sequence number for ordering a packet and the key field is configured to provide identifying information for the packet comprising at least a QoS flow identifier (QFI) and a data radio bearer (DRB) ID; generating, for transmission to the network via a first radio link, a first portion of the encapsulated packets, wherein the first portion is determined by the aggregation layer based on a splitting ratio; and generating, for transmission to the second UE, a second portion of the encapsulated packets for transmission to the network via a second radio link of the second UE, wherein the second portion is determined by the aggregation layer based on the splitting ratio. In an analogous art, Shah teaches the network configuration including parameters indicating, based on at least a QoS flow identifier (QFI), QoS flows to be one of i) aggregated, ii) duplicated or iii) both aggregated and duplicated; and determining, by the aggregation layer (FIG. 15 PDCP layer 1540), whether to distribute uplink (UL) packets to the UE user plan (FIG. 15 RLC, MAC, PHY layers) of the first UE for transmission to a network over a first radio link or to the second UE for transmission to the network over a second radio link of the second UE based on at least the QFI ([0193] The SDAP 1547 marks QoS flow IDs (QFIs) in DL and UL packets, [0098] A QoS Flow is the finest granularity of QoS differentiation in the Packet Data Unit (PDU) Session. A QoS Flow Identifier (QFI) is used to identify a QoS Flow in the 5GS. User Plane traffic with the same QFI within a PDU Session may receive the same traffic forwarding treatment, [0135] Analysis of the traffic flow and control schemes is implemented by aggregators 1106 that are in communication with the IoT devices 1104 and each other through a mesh network, [0139] the IoT devices 404 are wired so as to allow any one of the IoT devices 1104 to control measurements. The aggregators 1106 provides redundancy in the control of the IoT devices 1104, [0191] The RLC 1530 executes transfer of upper layer protocol data units (PDUs), and detect duplicate data); encapsulating, by the aggregation layer (FIG. 2 PDCP layer from L2 protocol stack 203), each packet with a header comprising a sequence field and a key field (FIG. 2 the IP packet 201, eRSS 202; [0043] These layers perform various functions such as encapsulation/decapsulation to transport channels, [0192] The PDCP layer maintains PDCP sequence number (SNs), [0044] the eRSS 202 identifies a network-specific identifier (NSI) 205), wherein the sequence field includes a sequence number for ordering a packet and the key field is configured to provide identifying information for the packet comprising at least a QoS flow identifier (QFI) and a data radio bearer (DRB) ID ([0192] The PDCP layer maintains PDCP sequence number (SNs), perform in-sequence delivery of upper layer PDUs, [0044] The eRSS 202 identifies a network-specific identifier (NSI) 205, the NSI is a data radio bearer (DRB) ID, [0193] The SDAP marks QoS flow IDs (QFIs) in DL and UL packets). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the packet as taught by Shah within the parameter of MA. One would have been motivated to do so in order to achieve an efficient service delivery through the reduced end-to-end latency (Shah [0106]). However, the combination of MA and Shah does not teach generating, for transmission to the network via a first radio link, a first portion of the encapsulated packets, wherein the first portion is determined by the aggregation layer based on a splitting ratio; and generating, for transmission to the second UE, a second portion of the encapsulated packets for transmission to the network via a second radio link of the second UE, wherein the second portion is determined by the aggregation layer based on the splitting ratio. In an analogous art, PHUYAL teaches generating, for transmission to the network via a first radio link, a first portion of the encapsulated packets ([0093] discloses that the UE splits uplink data according to a configured splitting ratio such that portions of the data are transmitted over different links), wherein the first portion is determined by the aggregation layer based on a splitting ratio ([0085] discloses that the UE uses an indicated uplink ratio to determine how much data to transmit, [0093] splitting uplink data according to a configured ratio); and generating, for transmission to the second UE, a second portion of the encapsulated packets for transmission to the network via a second radio link of the second UE, wherein the second portion is determined by the aggregation layer based on the splitting ratio ([0085] the UE uses an indicated uplink ratio to determine how much data to transmit, [0093] splitting uplink data according to a configured ratio such that portions of the data are transmitted over different links). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that LWAAP processing as taught by PHUYAL within the parameter of MA and Shah. One would have been motivated to do so in order to improve LTE-WLAN aggregation with a higher signal quality or throughput (PHUYAL [0025]). Regarding claim 17, the combination of MA, Shah and PHUYAL, specifically PHUYAL teaches wherein the splitting ratio is associated with a time window or packet window ([0093] an amount of data to send to WLAN and LTE based on the time window). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that LWAAP processing as taught by PHUYAL within the parameter of the combination of MA and Shah. One would have been motivated to do so in order to improve LTE-WLAN aggregation with a higher signal quality or throughput (PHUYAL [0025]). Regarding claim 32, MA teaches a first user equipment (UE) ([0094] FIG. 1 a first UE) comprising: a transceiver configured to communicate with a second UE and a network ([0261] FIG. 11 receiving module 1101, [0252] sending module 1103); and a processor communicatively coupled to the transceiver ([0251] FIG. 11 processing module 1102) and configured to perform operations comprising: establishing a device-to-device (D2D) connection with the second UE ([0094] FIG. 1 discloses that the first UE communicates with the second UE by using a D2D connection), wherein the first UE is configured with a protocol stack comprising at least an internet protocol (IP) layer, an aggregation layer and a UE user plane (FIG. 2a discloses that the first UE includes an IP layer, a PDCP layer and user plane layers (RLC, MAC, PHY)), wherein the aggregation layer is between the IP layer and the UE user plane (FIG. 2a discloses PDCP layers between IP layer and user plane layers); generating, by the IP layer (FIG. 2a IP layer), packets for uplink (UL) transmission to the network and identifying a quality of service (QoS) flow for the packets ([0069] The processor controls the UE to identify a data type based on the data received by the receiver, [0105] processing IP data packet for uplink transmission to the network, [0107] a data radio bearer (DRB) for each type of quality of service (QoS) data). However, MA does not teach encapsulating, by the aggregation layer, each packet with a header comprising a sequence field and a key field, wherein the sequence field includes a sequence number for ordering a packet and the key field is configured to provide identifying information for the packet comprising at least a QoS flow identifier (QFI) and a protocol data unit (PDU) session ID; transmitting a first portion of the encapsulated packets to the network via a first radio link, wherein the transmitting the first portion of the encapsulated packets comprises: determining, by the aggregation layer, the first portion based on a splitting ratio; submitting, by the aggregation layer, the first portion of the encapsulated packets to the UE user plane; and transmitting a second portion of the encapsulated packets to the second UE via the D2D, wherein the aggregation layer determine the second portion based on the splitting ratio. In an analogous art, Shah teaches encapsulating, by the aggregation layer (FIG. 2 PDCP layer from L2 protocol stack 203), each packet with a header comprising a sequence field and a key field (FIG. 2 the IP packet 201, eRSS 202; [0043] These layers perform various functions such as encapsulation/decapsulation to transport channels, [0192] The PDCP layer maintains PDCP sequence number (SNs), [0044] the eRSS 202 identifies a network-specific identifier (NSI) 205), wherein the sequence field includes a sequence number for ordering a packet and the key field is configured to provide identifying information for the packet comprising at least a QoS flow identifier (QFI) and a protocol data unit (PDU) session ID ([0192] The PDCP layer maintains PDCP sequence number (SNs), perform in-sequence delivery of upper layer PDUs, [0193] The SDAP marks QoS flow IDs (QFIs) in DL and UL packets, [0098] A QoS Flow is the finest granularity of QoS differentiation in the Packet Data Unit (PDU) Session). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the packet as taught by Shah within the parameter of MA. One would have been motivated to do so in order to achieve an efficient service delivery through the reduced end-to-end latency (Shah [0106]). However, the combination of MA and Shah does not teach transmitting a first portion of the encapsulated packets to the network via a first radio link, wherein the transmitting the first portion of the encapsulated packets comprises: determining, by the aggregation layer, the first portion based on a splitting ratio; submitting, by the aggregation layer, the first portion of the encapsulated packets to the UE user plane; and transmitting a second portion of the encapsulated packets to the second UE via the D2D, wherein the aggregation layer determine the second portion based on the splitting ratio. In an analogous art, PHUYAL teaches transmitting a first portion of the encapsulated packets to the network via a first radio link ([0093] discloses that the UE splits uplink data according to a configured splitting ratio such that portions of the data are transmitted over different links), wherein the transmitting the first portion of the encapsulated packets ([0093]) comprises: determining, by the aggregation layer, the first portion based on a splitting ratio ([0085] discloses that the UE uses an indicated uplink ratio to determine how much data to transmit, [0093] splitting uplink data according to a configured ratio); submitting, by the aggregation layer, the first portion of the encapsulated packets to the UE user plane ([0038] protocol stack layers including PDCP, RLC, MAC and PHY, [0097] discloses that LWAAP processing is terminated at the PDCP layer and that the PDCP layer may pass information to lower layer, thereby indicating that the aggregation layer submits packets to the UE user plane); and transmitting a second portion of the encapsulated packets to the second UE via the D2D, wherein the aggregation layer ([0038] PDCP layer) determine the second portion based on the splitting ratio ([0085] the UE uses an indicated uplink ratio to determine how much data to transmit, [0093] splitting uplink data according to a configured ratio such that portions of the data are transmitted over different links). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that LWAAP processing as taught by PHUYAL within the parameter of MA and Shah. One would have been motivated to do so in order to improve LTE-WLAN aggregation with a higher signal quality or throughput (PHUYAL [0025]). Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over MA, in view of Shah, in view of PHUYAL, and further in view of KALHAN et al. (US 2017/0251487 A1: hereinafter “KALHAN”). Regarding claim 4, the combination of MA, Shah and PHUYAL does not teach wherein the network configuration indicates a buffer size threshold, wherein, when a buffer size of the first UE is below the threshold, the first UE transmits via a prioritized link of the first and second radio links and, when the buffer size is above the threshold, the first UE transmits via both the first and second radio links. In an analogous art, KALHAN teaches wherein the network configuration indicates a buffer size threshold ([0031] The threshold may be a pre-configured value or may be adjusted in some situations]), wherein, when a buffer size of the first UE is below the threshold, the first UE transmits via a prioritized link of the first and second radio links and, when the buffer size is above the threshold, the first UE transmits via both the first and second radio links ([0014] a data channel and a control channel (read as first links) for uplink and downlink transmissions, [0015] D2D link (read as second links), [0031] Fig. 4 at step 406, it is determined whether the size of the data buffer for the D2D transmission is greater than to a threshold, [0032] at step 412, it is determined whether the UE device has received any active preferred transmission indicators (PTIs)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the size of the data buffer as taught by KALHAN within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to communicate directly through a device-to-device (D2D) communication link that does not include routing data through the base station (KALHAN [0003]). Regarding claim 12, the combination of MA, Shah, PHUYAL and KALHAN, specifically KALHAN teaches wherein the network configuration indicates a buffer size threshold ([0031] The threshold may be a pre-configured value or may be adjusted in some situations]), wherein, when a buffer size of the first UE is below the threshold, the first UE transmits via a prioritized link of the first and second radio links and, when the buffer size is above the threshold, the first UE transmits via both the first and second radio links ([0014] a data channel and a control channel (read as first links) for uplink and downlink transmissions, [0015] D2D link (read as second links), [0031] Fig. 4 at step 406, it is determined whether the size of the data buffer for the D2D transmission is greater than to a threshold, [0032] at step 412, it is determined whether the UE device has received any active preferred transmission indicators (PTIs)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the size of the data buffer as taught by KALHAN within the parameter of MA, Shah, and PHUYAL. One would have been motivated to do so in order to communicate directly through a device-to-device (D2D) communication link that does not include routing data through the base station (KALHAN [0003]). Claims 5-7 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over MA, in view of Shah, in view of PHUYAL, and further in view of "Packet Duplication in Dual Connectivity Enabled 5G Wireless Networks: Overview and Challenges” by Aijaz Adnan, filed in IDS (hereinafter “Aijaz”). Regarding claim 5, the combination of MA, Shah and PHUYAL does not teach wherein the network configuration indicates packet duplication, wherein the first UE duplicates the encapsulated packets and transmits the encapsulated packets and the duplicated packets via both the first and second radio links. In an analogous art, Aijaz teaches wherein the network configuration indicates packet duplication, wherein the first UE duplicates the encapsulated packets and transmits the encapsulated packets and the duplicated packets via both the first and second radio links ([Page 24 paragraph 2] discloses the packet duplication which applied for signaling radio bearers (SRBs), packet duplication for SRBs should be configured based on the type of the SRB (e.g., SRB1,SRB2)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a packet duplication for SRBs as taught by Aijaz within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to provide an overview of the packet duplication functionality in 5G in light of recent developments (Aijaz [abstract]). Regarding claim 6, the combination of MA, Shah, PHUYAL and Aijaz, specifically Aijaz teaches wherein the packet duplication is configured by radio resource control (RRC) signaling and activated by RRC signaling or a medium access control control element (MAC-CE) ([Page 23 paragraph 7] Another approach is to dynamically control packet duplication through a MAC control element (CE), [Page 24 paragraph 1] Figure 3 shows the activation of packet duplication through RRC signaling). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a packet duplication for SRBs as taught by Aijaz within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to provide an overview of the packet duplication functionality in 5G in light of recent developments (Aijaz [abstract]). Regarding claim 7, the combination of MA, Shah, PHUYAL and Aijaz, specifically Aijaz teaches wherein the network configuration indicates which QoS flows are to be aggregated or duplicated ([Page 21, paragraph 5] indicates user plane protocol stack which comprises QoS flow in New AS and PDCP duplication, [Page 23, paragraph 3] the packet duplication operation is configured by the RRC layer. It can be configured at the UE level or at the radio bearer level). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a packet duplication for SRBs as taught by Aijaz within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to provide an overview of the packet duplication functionality in 5G in light of recent developments (Aijaz [abstract]). Regarding claim 13, the combination of MA, Shah, PHUYAL and Aijaz, specifically Aijaz teaches wherein the network configuration indicates packet duplication, wherein the first UE duplicates the encapsulated packets and transmits the encapsulated packets and the duplicated packets via both the first and second radio links ([Page 24 paragraph 2] discloses the packet duplication which applied for signaling radio bearers (SRBs), packet duplication for SRBs should be configured based on the type of the SRB (e.g., SRB1,SRB2)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a packet duplication for SRBs as taught by Aijaz within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to provide an overview of the packet duplication functionality in 5G in light of recent developments (Aijaz [abstract]). Regarding claim 14, the combination of MA, Shah, PHUYAL and Aijaz, specifically Aijaz teaches wherein the packet duplication is configured by radio resource control (RRC) signaling and activated by RRC signaling or a medium access control control element (MAC-CE) ([Page 23 paragraph 7] Another approach is to dynamically control packet duplication through a MAC control element (CE), [Page 24 paragraph 1] Figure 3 shows the activation of packet duplication through RRC signaling). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a packet duplication for SRBs as taught by Aijaz within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to provide an overview of the packet duplication functionality in 5G in light of recent developments (Aijaz [abstract]). Regarding claim 15, the combination of MA, Shah, PHUYAL and Aijaz, specifically Aijaz teaches wherein the network configuration indicates which QoS flows are to be aggregated or duplicated ([Page 21, paragraph 5] indicates user plane protocol stack which comprises QoS flow in New AS and PDCP duplication, [Page 23, paragraph 3] the packet duplication operation is configured by the RRC layer. It can be configured at the UE level or at the radio bearer level). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a packet duplication for SRBs as taught by Aijaz within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to provide an overview of the packet duplication functionality in 5G in light of recent developments (Aijaz [abstract]). Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over MA, in view of Shah, in view of PHUYAL, and further in view of Blanchette et al. (US 2007/0153741 A1: hereinafter “Blanchette”). Regarding claim 10, the combination of MA, Shah and PHUYAL does not teach wherein the header is a generic routing encapsulation (GRE) protocol header. In an analogous art, Blanchette teaches wherein the header is a generic routing encapsulation (GRE) protocol header ([0099] Fig. 14 discloses the header comprising Generic Routing Encapsulation (GRE) header). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a GRE packet flow as taught by Blanchette within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to enable the roaming client to continue to seamlessly receive inbound traffic prior to or during the configuration of the L2 bridge forwarding table (Blanchette [abstract]). Regarding claim 18, the combination of MA, Shah, PHUYAL and Blanchette, specifically Blanchette teaches wherein the header is a generic routing encapsulation (GRE) protocol header ([0099] Fig. 14 discloses the header comprising Generic Routing Encapsulation (GRE) header). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a GRE packet flow as taught by Blanchette within the parameter of MA, Shah and PHUYAL. One would have been motivated to do so in order to enable the roaming client to continue to seamlessly receive inbound traffic prior to or during the configuration of the L2 bridge forwarding table (Blanchette [abstract]). Conclusion The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2016/0234714 A1 (Basu Mallick et al.) discloses improvements for the buffer status reporting and the logical channel prioritization procedures performed in the UE. US 2019/0182841 A1 (SOLDATI et al.) discloses a first network node to receive a first Radio Resource Management, RRM, message, a second RRM message, and a third RRM message from a user device. US 2022/0014963 A1 (Yeh et al.) discloses AI/ML techniques for managing traffic in multi-access communications networks. 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 THEODORE IM whose telephone number is (571)270-1955. The examiner can normally be reached M-F 9AM-5PM ET. 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, UN C CHO can be reached on 571-272-7919. 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. /T.I./ Examiner, Art Unit 2413 /UN C CHO/ Supervisory Patent Examiner, Art Unit 2413
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Prosecution Timeline

Sep 16, 2022
Application Filed
Sep 16, 2022
Response after Non-Final Action
Jan 10, 2025
Non-Final Rejection — §103
Apr 15, 2025
Response Filed
May 29, 2025
Final Rejection — §103
Sep 04, 2025
Request for Continued Examination
Oct 02, 2025
Response after Non-Final Action
Oct 22, 2025
Non-Final Rejection — §103
Jan 29, 2026
Response Filed
Mar 11, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12562794
CSI FEEDBACK METHOD AND APPARATUS, ELECTRONIC DEVICE, AND STORAGE MEDIUM
2y 5m to grant Granted Feb 24, 2026
Patent 12439446
WIRELESS TRANSMISSION SCHEDULING METHOD AND APPARATUS BASED ON UNRELIABLE NETWORK
2y 5m to grant Granted Oct 07, 2025
Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
40%
Grant Probability
57%
With Interview (+16.7%)
2y 11m
Median Time to Grant
High
PTA Risk
Based on 5 resolved cases by this examiner. Grant probability derived from career allow rate.

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