Prosecution Insights
Last updated: July 17, 2026
Application No. 18/044,362

COMMUNICATION METHOD AND APPARATUS, NETWORK DEVICE, UE, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Mar 07, 2023
Priority
Sep 17, 2020 — nonprovisional of PCTCN2020115980
Examiner
NGUYEN, STEVEN H D
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
765 granted / 957 resolved
+21.9% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
44 currently pending
Career history
995
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
75.5%
+35.5% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 957 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/18/2026 has been entered. Response to Amendment This action is in response to the amendment filed on 1/18/2026. Claims 8, 13-24 have been canceled and claims 1-7, 9-12 and 25-32 are pending in the application. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claim(s) 1-7 and 25-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agiwal [US 2022/0007423] in view of Yang [US 2012/0208545]. As claims 1, 25 and 27, Agiwal [US 2022/0007423] discloses communication method, applied to a base station side, and comprising: sending configuration information to a user equipment (UE) [Par. 0231, 00447discloses the gNB send configuration to UE which includes threshold of message sizes “sdt-tbs-group1-N”, thresholds of RSRP “sdt-threshold-group2-N” and preamble “group1-N for 2 step and 4-step], the configuration information being configured to indicate small data transmission threshold values and random access modes corresponding to different channel qualities [Par. 0231, 00447discloses the gNB send configuration to UE which includes threshold of message sizes “sdt-tbs-group1-N”, thresholds of RSRP “sdt-threshold-group2-N” and preamble “group1-N for 2 step and 4-step]; wherein the small data transmission threshold values are compared with uplink data of the bearer to be transmitted [Par. 0125, 0210, 0334, 0351, 0223-0224 discloses uplink data of bearer is compared with TBS threshold and quality of threshold to determine SDT to be transmitted by using 2 step or 4 step or using RRC connection if data size is large]. However, Agiwal [US 2022/0007423] fails to discloses what Yang [US 2012/0208545] discloses the uplink data is sent through a small data sending mechanism in a random access mode in a case where the uplink data of the bearer to be transmitted is less than or equal to a small data transmission threshold value corresponding to channel quality measured by the UE [Par. 0030-0037 disclose preamble range associated range data size, Par. 0030, D wherein with RSRP range, Par. 0030, R, so UE send uplink data with a size less than or equal threshold], and a radio resource control (RRC) connection establishment process is triggered in a case where the uplink data to be transmitted is greater than the small data transmission threshold value corresponding to the channel quality measured by the UE [Par. 0020, 0030-0037 discloses if data size uplink is greater than D2 then establishing conventional RRC connection for larger data size transmission and measured RSRP with threshold]. Since, Yang suggests a bearer for conveying data. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for comparing the uplink data of bearer with threshold and RSRP in order to trigger random access mode and RRC connection to be used for conveying data as disclosed by Yang into the teaching of Agiwal. The motivation would have been to reduce processing delay. As claims 2 and 29, Yang discloses the configuration information is suitable for UE in an inactive state or a connected state [Par. 0016, 0036, idle state, connected state]. As claims 3 and 30, Yang discloses the configuration information comprises at least one of: a correlation between channel quality and a data threshold value [Par. 0026-0035 discloses RSRP associated with data size with preamble]; a corresponding relation between a random access preamble and a small data bearing volume [Par. 0026-0035 discloses preamble associated with data volume]; or a logic channel adopting a two-step or four-step random access mode [Fig 1, 4 steps]. As claim 4, Yang discloses the channel quality comprises reference signal receiving power (RSRP) [Par. 0028]. As claims 5 and 31, Yang discloses sending the configuration information, comprises: sending the configuration information through a system broadcast message [Par. 0032]. As claims 6 and 32, Yang discloses sending the configuration information, comprises: sending the configuration information to the UE in a connected state through a radio resource control (RRC) message [Par. 0020]. As claims 7, 26 and 28, Agiwal [US 2022/0007423] discloses a communication method, applied to a user equipment (UE) side, and comprising: receiving configuration information the configuration information being configured to indicate: small data transmission threshold values and random access modes corresponding to different channel qualities [Par. 0231-0239, 0447-0455 discloses the gNB send configuration to UE which includes threshold of message sizes “sdt-tbs-group1-N”, thresholds of RSRP “sdt-threshold-group2-N” and preamble “group1-N for 2 step and 4-step]; in response to determining that uplink data of a bearer to be transmitted is less than or equal to the small data transmission threshold value, sending the uplink data through a small data sending mechanism in a random access mode [Par. 0231-0239, 0447-0455]; and in response to determining that the uplink data of the bearer is greater than the small data transmission threshold value, triggering a radio resource control (RRC) connection establishment process [Par. 0240, 0456 if UE can not perform SDT then it establishes connection without SDT, Par. 0125, 0210, 0334, 0351, 0223-0224 discloses uplink data of bearer is compared with TBS threshold and quality of threshold to determine SDT to be transmitted by using 2 step or 4 step or using RRC connection if data size is large]. However, Agiwal fails to disclose what Yang discloses measuring channel quality [Par. 0026-0028 discloses measuring RSRP by UE]; determining, according to the configuration information, a small data transmission threshold value corresponding to the channel quality [Par. 0027-0044 discloses based on measured RSRP which matches to RSRP ranges and data threshold ranges]; in response to determining that uplink data to be transmitted is less than or equal to the small data transmission threshold value, sending the uplink data through a small data sending mechanism in a random access mode [Par. 0030-0037 disclose preamble range associated range data size, Par. 0030, D wherein with RSRP range, Par. 0030, R, so UE send uplink data with a size less than or equal threshold]; and in response to determining that the uplink data is greater than the small data transmission threshold value, triggering a radio resource control (RRC) connection establishment process [Par. 0020, 0030-0037 discloses if data size uplink is greater than D2 then establishing RRC connection for larger data size transmission]. Since, Yang suggests a bearer for conveying data. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system as disclosed by Yang into the teaching of Agiwal. The motivation would have been to reduce processing delay. Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang [US 2012/0208545] and Agiwal as disclosed in claim 7 and further in view of Wang [2023/0319890]. As claim 9, Yang and Agiwal fail to disclose what Wang discloses comprising one of : determining that bearer carrying the uplink data needs to perform random access in a two-step random access mode in response to sending the uplink data through the small data sending mechanism in the random access mode and performing the random access in the two-step random access mode [Par. 0067 discloses the UE determines it need to transmit small data in the uplink, it execute 2 steps RACH procedure to transmit SDT based on bearer associated with data size]; or determining that bearer carrying the uplink data does not need to perform the random access in the two-step random access mode and performing the random access in a four-step random access mode [Par. 0131 discloses uplink bearer is not allow then terminating SDT for 2 steps then switch to 4 steps, not consideration based on OR statement]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system as disclosed by Wang into the teaching of Yang and Agiwal. The motivation would have been to prevent data loss. As claim 10, Yang and Agiwal fail to disclose what Wang discloses comprising selecting a minimum resource to transmit the uplink data in response to sending the uplink data through the small data sending mechanism in the random access mode, and selecting a corresponding random access preamble [Par. 0053, 0115 discloses selecting resource to conveying SDT according to data size in RACH and selecting preamble]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising selecting a minimum resource of the to transmit the uplink data in response to sending the uplink data through the small data sending mechanism in the random access mode, and selecting a corresponding random access preamble as disclosed by Wang into the teaching of Yang and Agiwal. The motivation would have been to prevent data loss. As claim 11, Wang discloses comprising initiating the random access through the selected corresponding random access preamble [Par. 0115]. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang [US 2012/0208545] and Agiwal as disclosed in claim 7 and further in view of in view of Kim [US 2020/0305014]. As claim 12, Yang and Agiwal fail to fully disclose what Kim [US 2020/0305014] discloses ignoring, after receiving the configuration information through a radio resource control (RRC) message, configuration information of a broadcast message in response to determining of entering into an inactive state [Par. 0144]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for ignoring, after receiving the configuration information through a radio resource control (RRC) message, configuration information of a broadcast message in response to determining of entering into an inactive state as disclosed by Kim into the teaching of Yang and Agiwal. The motivation would have been to prevent data loss. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cao [US 2023/0199857] discloses BS send prach configuration to UE which includes RSRP thresholds with payload sizes with 2 step or 4 step. Agiwal [US 2023/0284329] discloses BS send prach configuration to UE which includes RSRP thresholds with payload sizes with 2 step or 4 step. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5. 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, Edan Orgad can be reached at 571-272-7884. 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. /STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414
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Prosecution Timeline

Mar 07, 2023
Application Filed
Aug 01, 2025
Non-Final Rejection mailed — §103
Oct 28, 2025
Response Filed
Nov 19, 2025
Final Rejection mailed — §103
Jan 18, 2026
Response after Non-Final Action
Feb 25, 2026
Response after Non-Final Action
Feb 25, 2026
Request for Continued Examination
May 15, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
92%
With Interview (+12.1%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 957 resolved cases by this examiner. Grant probability derived from career allowance rate.

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