Prosecution Insights
Last updated: April 18, 2026
Application No. 18/132,988

METHOD AND DEVICE USED FOR WIRELESS COMMUNICATION

Final Rejection §103§112
Filed
Apr 11, 2023
Examiner
WILLIAMS, TRACY L
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Apogee Networks, LLC
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
86%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
17 granted / 19 resolved
+31.5% vs TC avg
Minimal -3% lift
Without
With
+-3.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
25 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§103 §112
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/06/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment The following is a final office action in response to applicant’s amendment filed on 01/02/2026 for response of the office action mailed on 10/01/2025. Independent Claims 1, 9, and 16 dependent Claims 2-8, 10-15, 17-20 are amended. Claims 1-20 are pending in the application. Applicant’s amendments to the specification (title and abstract) and Claims have overcome each and every objection set forth in the office action mailed 10/01/2025. Response to Arguments Applicant’s arguments with respect to claims 1-20, particularly independent Claims 1, 9, and 16 have been fully 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. Claim Objections Claims 9-15 are objected to because of the following informalities: Claim 9, line 15 – “the second radio bearer set” should read -- a second radio bearer set --. Claims 10-15 are objected to by virtue of their dependency on Claim 9. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2-4, 7, 10-12 and 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 2-4, 7, 10-12 and 17-19 recite the limitation "the first signaling". There is insufficient antecedent basis for this limitation in the claim. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or non-obviousness. Claims 1-4, 9-12 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over WANG et al. (US 20250142527 A1), hereinafter WANG, in view of Esswie et al. (US 20240236941 A1) hereinafter, Esswie. Regarding Claim 1, WANG teaches a user equipment (UE) for wireless communications (WANG, FIG. 3-4, 5A-5B; terminal device 110; FIG. 11, 1100 device / “UE”, process for communication during a MT-SDT procedure), comprising: a first receiver, receiving a first paging message, the first paging message indicating the UE and mobile-terminated (MT)-small data transmission (SDT) (MT-SDT) (WANG, FIG. 8; ¶0080; ¶0121; receiving a paging message . . . indicating that MT-SDT is performed for the terminal device / UE; ¶0088 terminal device / UE in an inactive state at 440 may receive a paging message comprising an indication indicating MT-SDT is performed for the terminal device/UE; see also Abstract; ¶0005, the first paging message comprising information on a MT-SDT for a terminal device); as a response to receiving the first paging message, resuming all radio bearers in a first radio bearer set and a second radio bearer set (WANG, FIG. 8; ¶0086-0089 discloses resuming radio bearers including those of the first and second radio set (¶0086); ¶0088 as a result (i.e. “in response to receiving the paging message”), the terminal device 110 / UE may initiate 450 a RRC resume procedure for the MT-SDT; ¶0086 a first and second radio set; ¶0089 [where] the terminal device 110 may resume 451 the first set of radio bearers supporting the MT-SDT; [and] a second set of radio bearers supporting MO-SDT); and a first processor (FIG. 11, processor 1110), executing a first random access procedure (WANG, FIG. 8; ¶0092, determine the set of random access resources by determining resources for a preamble and a random access occasion); . . . wherein at least one radio bearer in the first radio bearer set is used for a first data transmission in RRC_INACTIVE State, and the first radio bearer set comprises a first plurality of radio bearers (WANG, ¶0086, a set of radio bearers . . . referred to as a first set of radio bearers, and the set of radio bearers support a MT-SDT, a first data transmission; ¶0088 terminal device / UE in an inactive state); and wherein at least one radio bearer in the second radio bearer set is used for a second data transmission in RRC INACTIVE State, and the second radio bearer set comprises a second plurality of radio bearers (WANG, ¶0086, a set of radio bearers . . . referred to as a second set of radio bearers). WANG does not explicitly teach [a processor (of the UE) in RRC INACTIVE]] wherein an uplink time is not aligned. However, in the analogous art, Esswie explicitly discloses [a processor (of the UE)] in an RRC INACTIVE state] wherein an uplink time is not aligned (Esswie, FIG. 12, ¶0214, inactive WTRU/UE may determine whether or not there is uplink time alignment; at 1218 if determining no uplink time alignment . . . transmitting RACH / executing random access procedure). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WANG’s terminal device/UE and method of communication with Esswie’s methods, apparatus and systems for downlink small data transmission and reception for a wireless transmit/receive unit (WTRU) in an inactive radio resource control (RRC) state. The motivation would be to improve idle/inactive WTRU/UE battery consumption [Esswie, ¶0141; ¶0161]. Regarding Claim 2, WANG and Esswie teach Claim 1. WANG further teaches [the first processor (of the UE)] when the first signaling is received [and an uplink time is aligned] transmitting a first feedback message (WANG, FIG. 4; [in response to paging message / a first signaling], ¶0089, at 454, the terminal device 110 may transmit 454 a RRC resume request message/”a first feedback message” to the first network device 120); the first processor, accompanying transmitting the first feedback message, resuming all radio bearers in the first radio bearer set (WANG, FIG. 8; ¶0086-0089 discloses resuming radio bearers including those of the first and second radio set (¶0086); ¶0088 as a result (i.e. “in response to receiving the paging message”), the terminal device 110 / UE may initiate 450 a RRC resume procedure for the MT-SDT; ¶0086 a first and second radio set; ¶0089 [where] the terminal device 110 may resume 451 the first set of radio bearers supporting the MT-SDT). WANG does not explicitly teach [a processor (of the UE) in RRC INACTIVE]] wherein an uplink time is aligned. However, in the analogous art, Esswie explicitly discloses [a processor (of the UE)] in an RRC INACTIVE state] wherein an uplink time is aligned (Esswie, FIG. 12, ¶0214, inactive WTRU/UE may determine whether or not there is uplink time alignment; at 1210 if determining uplink time alignment . . . transmitting DL SDT HARQ feedback (e.g., one or multiple bit HARQ feedback) over the indicated PUCCH resources on condition that the inactive WTRU is (e.g., still) time aligned with the uplink RAN at 1212.). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WANG’s terminal device/UE and method of communication with Esswie’s methods, apparatus and systems for downlink small data transmission and reception for a wireless transmit/receive unit (WTRU) in an inactive radio resource control (RRC) state. The motivation would be to improve idle/inactive WTRU/UE battery consumption [Esswie, ¶0141; ¶0161]. Regarding Claim 3, WANG and Esswie teach Claim 1. WANG further teaches when the first signaling is received . . . executing the first random access procedure, resuming all radio bearers in the first radio bearer set (WANG, see Claim 1 mapped herein). WANG does not explicitly teach when the first signaling is received and the uplink time is not aligned accompanying executing the first random access procedure, resuming all radio bearers in the first radio bearer set; wherein the first random access procedure is an SDT-triggered random access procedure. However, in the analogous art, Esswie explicitly discloses when the first signaling is received and the uplink time is not aligned accompanying executing the first random access procedure, resuming all radio bearers in the first radio bearer set; wherein the first random access procedure is an SDT-triggered random access procedure (Esswie, FIG. 12, ¶0214, inactive WTRU/UE may determine whether or not there is uplink time alignment; at 1218 if determining no uplink time alignment . . . transmitting RACH / executing random access procedure);a next paging occasion 1214, the inactive WTRU may proceed to buffering and/or decoding of one or more DL SDT payloads on the one or more (e.g., activated) PDSCH resource sets as described herein at 1216 ). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WANG’s terminal device/UE and method of communication with Esswie’s methods, apparatus and systems for downlink small data transmission and reception for a wireless transmit/receive unit (WTRU) in an inactive radio resource control (RRC) state. The motivation would be to improve idle/inactive WTRU/UE battery consumption [Esswie, ¶0141; ¶0161]. Regarding Claim 4, WANG and Esswie teach Claim 1. WANG further teaches when the first signaling is not received, and before the first random access procedure is successfully completed, all radio bearers in the first radio bearer set are not resumed (WANG, ¶0088 terminal device in inactive state may receive 440 a paging message / “first signaling”; examiner interprets bearers to effectively be “not resumed “in RRC_Inactive); wherein the first random access procedure is a non-SDT-triggered random access procedure (WANG ¶0090, the terminal device 110/UE may determine a set of random access resources and a set of random access parameters configured for non-SDT, and initiate the RRC resume procedure with the set of random access resources and the set of random access parameters). Regarding Claim 9, the claim discloses similar features as Claim 1 and is rejected based on the same rationales of Claims 1 (WANG, a base station (for wireless communications (WANG FIG. 4, ¶0035, FIG. 11, ¶0135, network device 120 /1100) comprising: a first transmitter (WANG FIG. 11, ¶0136, transmitter (Tx)). Regarding Claim 10, WANG and Esswie teach Claim 9. WANG further teaches a second receiver (WANG FIG. 11, receiver (RX) 1140 / “second receiver” (of network device 120)), receiving a first feedback message (WANG FIG. 4, at 454, first network device 120/ ”second node” 120 receives a paging response/ a “first feedback message”); wherein the first signaling is received (WANG FIG. 4, ¶0088/ “first signaling” is and the uplink time is aligned (WANG ¶0060 the time alignment is valid/ “aligned”). Regarding Claims 11-12, the claims disclose similar features as Claims 3-4, respectively and are rejected based on the same rationales of Claims 3-4. Regarding Claims 16 – 19, the claims disclose similar features as Claims 1-4 respectively, and are rejected based on the same rationales of Claims 1-4, in method form (WANG FIG. 3; FIG. 4, FIG. 8, a method in a user equipment (UE) for wireless communications). Claims 5-7 and 13-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of Esswie and further in view of Huang et al. (US 20230309081 A1), hereinafter Huang. Regarding Claim 5, WANG and Esswie teach Claim 1. WANG and Esswie do not explicitly teach at least a running state of a [the] first timer is used to determine whether the uplink time is aligned. However, in the analogous art, Huang explicitly discloses at least a running state of a [the] first timer is used to determine whether the uplink time is aligned (Huang, ¶0428, TA timer for MT-SDT. . . when the TA timer is running, the UE may consider the TA is valid). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WANG’s terminal device/UE and method of communication and Esswie’s methods, apparatus and systems for downlink small data transmission and reception for a wireless transmit/receive unit (WTRU) in an inactive radio resource control (RRC) state with Huang’s apparatus and method for MT-SDT in a wireless communication system. The motivation would be to enable small data transmission in INACTIVE state for NR which reduces signaling overhead and improves battery performance [Huang, ¶0056]. Regarding Claim 6, WANG and Esswie and Huang teach Claim 5. WANG further teaches the first receiver, receiving a first message before receiving the first paging message, the first message indicating the first radio bearer set (WANG, FIG.4, ¶0086, at 410 receiving a RRC release message/ “first message” before the paging message 440/”first message” indicating the first radio bearer set; he RRC release message may comprise a configuration of a set of radio bearers (for convenience, also referred to as a first set of radio bearers herein), and the set of radio bearers supports a MT-SDT); and the first processor, as a response to receiving the first message, maintaining or entering into the RRC-INACTIVE state (WANG FIG. 4; ¶0086, the first message instructs the terminal device 110/UE to enter into an inactive state); WANG does not explicitly teach the first message indicates that the first timer is not considered expired. However, in the analogous art, Huang explicitly discloses the first message indicates that the first timer is not considered expired ((Huang, ¶0117, if the timeAlignmentTimer, . . . is running:  5> indicate a positive acknowledgement for the SPS deactivation to the physical layer. [0102] Downlink assignments received on the PDCCH both indicate that there is a transmission on a DL-SCH for a particular MAC entity and provide the relevant HARQ information). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WANG’s terminal device/UE and method of communication and Esswie’s methods, apparatus and systems for downlink small data transmission and reception for a wireless transmit/receive unit (WTRU) in an inactive radio resource control (RRC) state with Huang’s apparatus and method for MT-SDT in a wireless communication system. The motivation would be to enable small data transmission in INACTIVE state for NR which reduces signaling overhead and improves battery performance [Huang, ¶0056]. Regarding Claim 7, WANG and Esswie and Huang teach Claim 6. WANG does not explicitly teach the first signaling is used to activate a first scheduling; wherein the first message indicates the first scheduling, and the first scheduling is executed after being activated and before being de-activated. However, in the analogous art, Huang explicitly discloses a first signaling is used to activate a first scheduling (Abstract; ¶0005, disclosed throughout, a UE can apply Downlink (DL) Semi Persistent Scheduling (SPS) /”a first signaling” in a MT-SDT procedure); wherein the first message indicates the first scheduling, and the first scheduling is executed after being activated and before being de-activated (Huang, Fig. 18-19, UE receiving one or more configurations for DL SPS/ a first scheduling for a RRC_INACTIVE state; interpreted to correspond to UE may access the network without performing a RACH procedure). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WANG’s terminal device/UE and method of communication and Esswie’s methods, apparatus and systems for downlink small data transmission and reception for a wireless transmit/receive unit (WTRU) in an inactive radio resource control (RRC) state with Huang’s apparatus and method for MT-SDT in a wireless communication system. The motivation would be to enable small data transmission in INACTIVE state for NR which reduces signaling overhead and improves battery performance [Huang, ¶0056]. Regarding Claim 13, the claim discloses similar features as Claim 5 and is rejected based on the same rationales of Claim 5. Regarding Claims 14 and 20, the claims disclose similar features as Claim 6 and are rejected based on the same rationales of Claim 6. Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of Esswie and further in view of KIM et al. (US 20210360730 A1), hereinafter KIM. Regarding Claim 8, WANG and Esswie teach Claim 1. WANG further teaches the UE receiving a PDU in the RRC_INACTIVE state. WANG and Esswie do not explicitly receiving a first medium access control (MAC) MAC PDU in the RRC_INACTIVE state, the first MAC PDU comprising at least one MAC subPDU, and a MAC subheader corresponding to each MAC SDU comprised in the at least one MAC subPDU indicating that the MAC SDU belongs to a radio bearer in the first radio bearer set. However, in the analogous art KIM explicitly discloses receiving a first medium access control (MAC) PDU in the RRC INACTIVE state, the first MAC PDU comprising at least one MAC subPDU (KIM ¶0048, MAC sublayer belongs to L2; PDU includes one or more MAC subPDUS (via multiplexing of MAC service data units SDUs); corresponds to receiving MAC PDU in RRC_INACTIVE), and a MAC subheader corresponding to each MAC SDU comprised in the at least one MAC subPDU (KIM ¶0056 ,transfer services are offered by MAC sublayer . . . incl subheaders corresponding to MAC SDUs in each subPDU)) indicating that the MAC SDU belongs to a radio bearer in the first radio bearer set (KIM ¶0047, the RRC layer controls radio resources between the UE and the network. . . the RRC layer exchanges RRC messages between the UE and the base station/”second node”; ¶0048 a radio bearer refers to a logical path provided by L1 (PHY layer) and L2 (MAC/RLC/PDCP/SDAP sublayer) for data transmission between a UE and a network/”second node”; see also ¶0232 LCID related to the resume DRBs and/or IDs of the DRBs). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine WANG’s terminal device/UE and method of communication and Esswie’s methods, apparatus and systems for downlink small data transmission and reception for a wireless transmit/receive unit (WTRU) in an inactive radio resource control (RRC) state with KIM’s method and apparatus for resuming (from an RRC_INACTIVE state) only signaling radio bearers (SRBs) in a wireless communication system. The motivation would be to optimize the support for infrequent small data packet transmissions, and improve device battery life and message latency [KIM, ¶0005]. Regarding Claim 15, the claim discloses similar features as Claim 8 and is rejected based on the same rationales of Claim 8. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LIN et al. (US 20240349238 A1): Abstract; ¶0098 after receiving the paging message carrying the first indication information, the terminal device in the RRC_INACTIVE state may resume all or part of radio bearers from the suspended radio bearers. CHRISTOFFERSSON et al. (US 20250150815 A1): Abstract; FIG. 1, UE monitors for paging; upon receiving DL data from NW that triggers MT-SDT, UE initiates RA-SDT procedure TEO et al. (US 20250330951 A1): Abstract; FIG. 15, paging procedure for downlink small data transmissions; FIG. 23 receiving a paging message including an indication for SDT paging for mobile-terminated (MT) small data transmission (SDT); ¶0150 RA Access is used to achieve UL time synchronization for a UE, which either has not yet acquired, or has lost, its uplink synchronization, ie “UL time is not aligned”; ¶0152 RAR message may convey the detected RACH preamble, a timing alignment command (TA command) for synchronization of subsequent uplink transmissions based on the timing of the received preamble, . . . see also ¶0296; ¶0300 MT-SDT. 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 TRACY L WILLIAMS whose telephone number is 571-270-7694. The examiner can normally be reached Mon - Fri 8:30-5:30. 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, Ayman Abaza can be reached at 571-270-0422. 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. /TRACY L WILLIAMS/Examiner, Art Unit 2465 /AYMAN A ABAZA/Primary Examiner, Art Unit 2465
Read full office action

Prosecution Timeline

Apr 11, 2023
Application Filed
Sep 29, 2025
Non-Final Rejection — §103, §112
Jan 02, 2026
Response Filed
Mar 29, 2026
Final Rejection — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
86%
With Interview (-3.4%)
3y 1m
Median Time to Grant
Moderate
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