Prosecution Insights
Last updated: May 29, 2026
Application No. 18/058,868

METHOD AND APPARATUS FOR PROCESSING DOWNLINK DATA, AND TERMINAL

Non-Final OA §102§103
Filed
Nov 27, 2022
Priority
May 29, 2020 — CN 202010479263.0 +1 more
Examiner
PASIA, REDENTOR M
Art Unit
2413
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
533 granted / 671 resolved
+21.4% vs TC avg
Strong +23% interview lift
Without
With
+23.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
29 currently pending
Career history
712
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
85.3%
+45.3% vs TC avg
§102
5.1%
-34.9% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 671 resolved cases

Office Action

§102 §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 Arguments Applicant’s arguments, see Applicant’s Remarks, filed 04/10/2026, with respect to the rejection(s) of claim(s) 1, 3-14, and 16-22 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of: Claim(s) 1, 4, 6-8, 14, 18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fujishiro et al. (US 2022/0256587); Claim(s) 3, 5, 9, 16-17 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro in view of Pham Van et al. (US 2021/0329712); and Claim(s) 10-13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro in view of Pham Van and Kim et al. (US 2022/0124868). Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 4, 6-8, 14, 18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fujishiro et al. (US 2022/0256587; hereinafter Fujishiro). Regarding claim 1, Fujishiro shows a downlink data processing method (Figure 10 shows a method performed in part by the UE.), applied to a terminal, the method comprising: receiving predetermined downlink data, wherein the downlink data comprises small data received through a message 4 (Msg4) of a 4-step random access process, or small data received through a message B (MsgB) of a 2-step random access process (Par. 0136, 0203, 0247; the eNB 200 transmits the downlink data to the UE 100 by, for example, the Msg2 (random access response) or the Msg4 (for example, RRC connection setup message) during the random access procedure. Downlink data refers to downlink transmission of a small packet (small data amount).); and verifying the downlink data and processing the downlink data based on a verification result (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.); wherein the verifying the downlink data and processing the downlink data based on the verification result comprises: performing contention resolution verification on the downlink data and processing the downlink data based on a contention resolution verification result; wherein the performing the contention resolution verification on the downlink data and processing the downlink data based on the contention resolution verification result comprises: in a case that the contention resolution verification of the downlink data succeeds, processing data content of the downlink data by a high layer protocol entity of the terminal (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.). Regarding claim 4, Fujishiro shows wherein status of the terminal comprises any of the following: an idle state (Par. 0130; the UE 100 performing the random access procedure is in the RRC idle mode.); or an inactive state. Regarding claim 6, Fujishiro shows wherein the performing the contention resolution verification on the downlink data and processing the downlink data based on the contention resolution verification result further comprises: in a case that the contention resolution verification of the downlink data fails, ignoring a current failure (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.); or sending the data content of the downlink data to the high layer protocol entity for processing, and performing the contention resolution verification on the downlink data; and in a case that the high layer protocol entity of the terminal fails to process the data content of the downlink data and the contention resolution verification performed on the downlink data also fails, ignoring the current failure result. Regarding claim 7, Fujishiro shows wherein before the processing the data content of the downlink data by the high layer protocol entity of the terminal, the method further comprises: after the contention resolution verification of the downlink data succeeds, sending the data content of the downlink data to the high layer protocol entity (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.); or before the performing the contention resolution verification on the downlink data, sending the data content of the downlink data to the high layer protocol entity. Regarding claim 8, Fujishiro shows wherein the ignoring the current failure result comprises at least one of the following: discarding a data packet of the downlink data; or skipping performing a failure recovery process (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.). Regarding claim 14, Fujishiro shows a terminal (Figure 2 shows a UE performing the disclosed method.), comprising a memory, a processor, and a program or instructions stored in the memory and executable on the processor, wherein the program or instructions, when executed by the processor (Figure 2; Par. 0060; noted program stored in memory and executed by the processor of the UE to perform the disclosed method.), cause the terminal to perform: receiving predetermined downlink data, wherein the downlink data comprises small data received through a message 4 (Msg4) of a 4-step random access process, or small data received through a message B (MsgB) of a 2-step random access process (Par. 0136, 0203, 0247; the eNB 200 transmits the downlink data to the UE 100 by, for example, the Msg2 (random access response) or the Msg4 (for example, RRC connection setup message) during the random access procedure. Downlink data refers to downlink transmission of a small packet (small data amount).); and verifying the downlink data and processing the downlink data based on a verification result (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.); wherein the program or instructions, when executed by the processor, cause the terminal to perform: performing contention resolution verification on the downlink data and processing the downlink data based on a contention resolution verification result; wherein the program or instructions, when executed by the processor, cause the terminal to perform: in a case that the contention resolution verification of the downlink data succeeds, processing data content of the downlink data by a high layer protocol entity of the terminal (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.). Regarding claim 18, this claim is rejected based on the same reasoning as presented in the rejection of claim 6. Regarding claim 20, Fujishiro shows a non-transitory readable storage medium, storing a program or instructions, wherein the program or instructions, when executed by a processor of a terminal (Figure 2; Par. 0060; noted program stored in memory and executed by the processor of the UE to perform the disclosed method.), cause the terminal to perform: receiving predetermined downlink data, wherein the downlink data comprises small data received through a message 4 (Msg4) of a 4-step random access process, or small data received through a message B (MsgB) of a 2-step random access process (Par. 0136, 0203, 0247; the eNB 200 transmits the downlink data to the UE 100 by, for example, the Msg2 (random access response) or the Msg4 (for example, RRC connection setup message) during the random access procedure. Downlink data refers to downlink transmission of a small packet (small data amount).); and verifying the downlink data and processing the downlink data based on a verification result (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.); wherein the program or instructions, when executed by the processor, cause the terminal to perform: performing contention resolution verification on the downlink data and processing the downlink data based on a contention resolution verification result; wherein the program or instructions, when executed by the processor, cause the terminal to perform: in a case that the contention resolution verification of the downlink data succeeds, processing data content of the downlink data by a high layer protocol entity of the terminal (Par. 0247; When the downlink early data transmission is set and the Msg4 reception fails, the UE 100 determines that the data is also retransmitted in the Msg4 retransmission. The UE 100 (for example, a higher layer (RRC layer or the like) than the MAC layer of the UE 100) waits so that both the RRC message (RRC connection reconfiguration) reception and the data reception configuring the Msg4 can be performed.). 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. Claim(s) 3, 5, 9, 16-17 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro in view of Pham Van et al. (US 2021/0329712; hereinafter Pham Van). Regarding claim 3, Fujishiro shows all of the elements except wherein a data type of the downlink data comprises at least one of the following: data radio bearer (DRB) data; or signaling radio bearer (SRB) data. However, the above-mentioned claim limitations are well-established in the art as evidenced by Pham Van. Specifically, Pham Van shows wherein a data type of the downlink data comprises at least one of the following: data radio bearer (DRB) data; or signaling radio bearer (SRB) data (Figure 5; Par. 0117-0119; determining whether the random access message 4 includes a successful integrity check comprises a PDCP entity receiving an integrity check indication on a signaling radio bearer.). In view of the above, having the system of Fujishiro, then given the well-established teaching of Pham Van, it would have been obvious before the effective filing date of the claimed invention to modify the system of Fujishiro as taught by Pham Van, in order to provide motivation for helping the UE to avoid discarding data improperly, which improves operational efficiency (Par. 0025 of Pham Van). Regarding claim 5, Fujishiro shows all of the elements including verifying the downlink data and processing the downlink data based on the verification result. Fujishiro does not specifically show in a case that the downlink data comprises both signaling radio bearer (SRB) data and data radio bearer (DRB) data, performing verification processing on the SRB data or the DRB data in the downlink data and processing the downlink data based on a verification processing result. However, the above-mentioned claim limitations are well-established in the art as evidenced by Pham Van. Specifically, Pham Van shows in a case that the downlink data comprises both signaling radio bearer (SRB) data and data radio bearer (DRB) data, performing verification processing on the SRB data or the DRB data in the downlink data and processing the downlink data based on a verification processing result (Figure 5; Par. 0117-0119; determining whether the random access message 4 includes a successful integrity check comprises a PDCP entity receiving an integrity check indication on a signaling radio bearer.). In view of the above, having the system of Fujishiro, then given the well-established teaching of Pham Van, it would have been obvious before the effective filing date of the claimed invention to modify the system of Fujishiro as taught by Pham Van, in order to provide motivation for helping the UE to avoid discarding data improperly, which improves operational efficiency (Par. 0025 of Pham Van). Regarding claim 9, Fujishiro shows all of the elements except wherein the processing the data content of the downlink data comprises at least one of the following: performing integrity protection verification on the data content of the downlink data; decrypting the data content of the downlink data; or decompressing the data content of the downlink data. However, the above-mentioned claim limitations are well-established in the art as evidenced by Pham Van. Specifically, Pham Van shows wherein the processing the data content of the downlink data comprises at least one of the following: performing integrity protection verification on the data content of the downlink data (Figure 5; Par. 0051, 0117-0118; the wireless device determines whether the random access message 4 includes a successful integrity check indicating that the network node successfully received the uplink data in random access message 3. Upon determining the random access message 4 includes a successful integrity check, the method continues to step 520, otherwise the method continues to step 522.); decrypting the data content of the downlink data; or decompressing the data content of the downlink data. In view of the above, having the system of Fujishiro, then given the well-established teaching of Pham Van, it would have been obvious before the effective filing date of the claimed invention to modify the system of Fujishiro as taught by Pham Van, in order to provide motivation for helping the UE to avoid discarding data improperly, which improves operational efficiency (Par. 0025 of Pham Van). Regarding claims 16 and 21, these claims are rejected based on the same reasoning as presented in the rejection of claim 3. Regarding claims 17 and 22, these claims are rejected based on the same reasoning as presented in the rejection of claim 5. Claim(s) 10-13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro in view of Pham Van and Kim et al. (US 2022/0124868; hereinafter Kim). Regarding claim 10, Fujishiro shows all of the elements including wherein the performing verification processing on the SRB data or the DRB data in the downlink data and processing the downlink data based on the verification processing result, as discussed above. Fujishiro does not specifically show in a case that verification processing on a first data type data in the downlink data succeeds, performing verification processing on a second data type data in the downlink data, wherein the first data type data is the SRB data and the second data type data is the DRB data; or, the first data type data is the DRB data and the second data type data is the SRB data. However, the above-mentioned claim limitations are well-established in the art as evidenced by Kim. Specifically, Kim shows in a case that verification processing on a first data type data in the downlink data succeeds, performing verification processing on a second data type data in the downlink data, wherein the first data type data is the SRB data and the second data type data is the DRB data; or, the first data type data is the DRB data and the second data type data is the SRB data (Par. 0180, 0191; Because the UE 1g-01 may receive an RRCResume message and transmit an RRCResumeComplete message through the SRB1 when re-connection is made to a network at a later time, a RLC re-establishment process may be performed on the SRB1 to discard stored data (a RLC SDU, a RLC SDU segment, or a RLC PDU), when a RLC layer stores the data, so as to prevent unnecessary retransmission of the data and achieve efficiency in buffer management, and to reset RLC window state variables (transmission window variables or reception window variables). Also, a RLC re-establishment process may be performed on other SRBs and DRBs to discard stored data (a RLC SDU, a RLC SDU segment, or a RLC PDU), when a RLC layer stores the data, so as to prevent unnecessary retransmission of the data and achieve efficiency in buffer management, and to reset RLC window state variables (transmission window variables or reception window variables).). In view of the above, having the system of Fujishiro, then given the well-established teaching of Kim, it would have been obvious before the effective filing date of the claimed invention to modify the system of Fujishiro as taught by Kim, in order to provide motivation for efficiently managing bearers and processing a protocol layer when an event occurs, in which the UE suspends the bearers and the protocol layer in a next-generation mobile communication system. (Par. 0063 of Kim). Regarding claim 11, modified Fujishiro shows wherein in a case that the verification processing on the first data type data in the downlink data fails, a failure recovery process is performed (Pham Van: Figure 5; at step 522 the wireless device preserves transmission protocol information corresponding to the uplink data in random access message 3 for use in a future transmission.). Regarding claim 12, modified Fujishiro shows wherein the verification processing performed on the first data type data comprises at least one of the following: performing integrity protection verification on the first data type data (Pham Van: Figure 5; Par. 0051, 0117-0118; the wireless device determines whether the random access message 4 includes a successful integrity check indicating that the network node successfully received the uplink data in random access message 3. Upon determining the random access message 4 includes a successful integrity check, the method continues to step 520, otherwise the method continues to step 522.); or decrypting the first data type data. Regarding claim 13, modified Fujishiro shows wherein performing the failure recovery process comprises at least one of the following: the terminal entering the idle state (Tsai: Par. 0102; the UE may identify the correct NW, perform contention resolution and receive DL data and either remain in RRC_INACTIVE state.); discarding a data packet of the first data type data on which the discarding processing fails; discarding a data packet of the downlink data; triggering a cell selection or reselection process; triggering a connection re-establishment process or a connection establishment process; or falling back context information or configuration information saved by the terminal to a preset state, wherein the preset state is a state before uplink data corresponding to the downlink data is sent. Regarding claim 19, this claim is rejected based on the same reasoning as presented in the rejection of claim 10. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20230020533 A1 - Embodiments of the present application provide a data transmission method, a terminal device, and a non-transitory computer-readable storage medium. The method includes: receiving, by a terminal device, first configuration information, sent by a network device, and the first configuration is configured to determine configuration information of pre-configured resource, and in response to the pre-configured resource being activated, transmitting uplink data or receiving downlink data via the pre-configured resource by the terminal device. US 20200053730 A1 - Methods, systems, and devices for wireless communications are described. A user equipment (UE) may use an increased transmit power for one or more instances of an autonomous uplink transmission. For example, a UE may be configured with a repetition window including multiple transmission time intervals (TTIs) and may identify a subset of TTIs within the window that may be unavailable for autonomous uplink transmissions. The UE may adjust transmit power or transmit a scheduling request based on the presence of unavailable TTIs. In some examples, the UE may increase the transmit power by an amount that is based on a number of unavailable TTIs, or a fixed amount, or a combination thereof. In some examples, a UE with limited transmit power (e.g., under a maximum transmit power) may dynamically transmit a report to a base station that includes a request to modify a communications scheme used by the UE. Any inquiry concerning this communication or earlier communications from the examiner should be directed to REDENTOR M PASIA whose telephone number is (571)272-9745. The examiner can normally be reached Mondays-Thursdays - 5am-245pm and Fridays 5am-330pm. 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 Cho can be reached at (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. /REDENTOR PASIA/Primary Examiner, Art Unit 2413
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Prosecution Timeline

Nov 27, 2022
Application Filed
Jul 29, 2025
Non-Final Rejection mailed — §102, §103
Oct 28, 2025
Response Filed
Feb 11, 2026
Final Rejection mailed — §102, §103
Apr 10, 2026
Response after Non-Final Action
Apr 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+23.3%)
3y 3m (~0m remaining)
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