Prosecution Insights
Last updated: May 29, 2026
Application No. 18/174,573

METHOD AND APPARATUS FOR DETERMINING AIR INTERFACE LATENCY

Non-Final OA §103
Filed
Feb 24, 2023
Priority
Aug 28, 2020 — CN 202010890128.5 +2 more
Examiner
MAK, RODRICK
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Non-Final)
76%
Grant Probability
Favorable
2-3
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
186 granted / 245 resolved
+17.9% vs TC avg
Strong +26% interview lift
Without
With
+26.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
23 currently pending
Career history
295
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
93.4%
+53.4% vs TC avg
§102
1.6%
-38.4% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 245 resolved cases

Office Action

§103
DETAILED ACTION Applicant's submission filed on 17 September 2025 has been entered. Claims 1-5, 7, 9-11, and 13 are currently amended; no claim is cancelled; claims 6, 8, 12, and 14 are previously presented; no claims have been added. Claims 1-14 are pending and ready for examination. Response to Arguments Applicant’s arguments, see pages 8-11, filed 17 September 2025, with respect to “Claim Rejections” have been fully considered but they are not persuasive. Applicant argues that Samsung teaches Samsung’s DL latency is teaching a round-trip latency of the claims. The examiner respectfully disagrees. Samsung’s DL latency is teaching the claimed air interface latency, specifically the latency of the air interface between the apparatus and the UE. The other claim elements argued were added to the claim, so those arguments are moot in view of the new grounds of rejection, but the examiner wanted to provide clarification for what Samsung is teaching versus what Samsung is not teaching. Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. Claim Objections Claims 1-6 are objected to because of the following informalities: Claim 1 recites the limitation "…corresponding to the uplink packet" in line 8. There is insufficient antecedent basis for this limitation in the claim. The closest claim element is “an uplink data packet” in line 3. Regarding claims 2-6, these claims depend upon independent claim 1 and fail to rectify the matter. Appropriate correction is required. 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. 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 nonobviousness. Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017/034274 A1, hereafter referred Samsung, in view of Lee et al. (US 2022/0345929 A1), hereafter referred Lee, further in view of Oh et al. (US 7,260,399 B1), hereafter referred Oh. Samsung and Oh were cited by applicant’s IDS filed 27 January 2024. Regarding claim 1, Samsung teaches a method for data transmission, comprising: obtaining, by an access network device, an air interface latency of the downlink data packet corresponding to the uplink packet (Samsung, Fig. 5, [76]-[85]; The UE transmits (510) time DL latency report to apparatus 100 the apparatus obtains the DL latency in step 510); and scheduling, by the access network device, the downlink data packet based on the air interface latency of the downlink data packet (Samsung, Fig. 5, [85]; the apparatus 100 on receiving (512) the latency report will evaluate the latency report and perform corrective actions). Samsung does not expressly teach receiving, by an access network device from a terminal, an uplink data packet that carries a round-trip latency, wherein the air interface latency of the downlink data packet is calculated based on the round-trip latency. However, Lee teaches receiving, by an access network device from a terminal, an uplink data packet that carries a round-trip latency, wherein the air interface latency of the downlink data packet is calculated based on the round-trip latency (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Samsung in view of Lee does not expressly teach wherein the round-trip latency is a latency from when the terminal sends the uplink data packet to when the terminal receives a downlink data packet corresponding to the uplink data packet. However, Oh teaches wherein the round-trip latency is a latency from when the terminal sends the uplink data packet to when the terminal receives a downlink data packet corresponding to the uplink data packet (Oh, Fig. 7, Column 11, line 46 – Column 12, line 5; sending a time-stamped query from the mobile station to the AP at block 260, where at block 262, a response to the query is received, and the round-trip delay is determined at block 264 based on the time-stamp of the query and a receipt time of the response). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung in view of Lee to include the above recited limitations as taught by Oh in order to determine when to effect a handoff (Oh, Column 3, lines 14-30). Regarding claim 7, Samsung teaches a method for determining an air interface latency, comprising: receiving, by the terminal, the downlink data packet that is sent by the access network device based on an air interface latency (Samsung, Fig. 5, [85]; the apparatus 100 on receiving (512) the latency report will evaluate the latency report and perform corrective actions). Samsung does not expressly teach sending, by a terminal, an uplink data packet to an access network device, wherein the uplink data packet carries information about a round-trip latency and a timestamp at which the terminal sends the uplink data packet, wherein the air interface latency is calculated based on the information about the round-trip latency and the time stamp. However, Lee teaches sending, by a terminal, an uplink data packet to an access network device, wherein the uplink data packet carries information about a round-trip latency and a timestamp at which the terminal sends the uplink data packet, wherein the air interface latency is calculated based on the information about the round-trip latency and the time stamp (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Samsung in view of Lee does not expressly teach wherein the round-trip latency is a latency from when a terminal sends an uplink data packet to when the terminal receives the downlink data packet corresponding to the uplink data packet. However, Oh teaches wherein the round-trip latency is a latency from when a terminal sends an uplink data packet to when the terminal receives the downlink data packet corresponding to the uplink data packet (Oh, Fig. 7, Column 11, line 46 – Column 12, line 5; sending a time-stamped query from the mobile station to the AP at block 260, where at block 262, a response to the query is received, and the round-trip delay is determined at block 264 based on the time-stamp of the query and a receipt time of the response). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung in view of Lee to include the above recited limitations as taught by Oh in order to determine when to effect a handoff (Oh, Column 3, lines 14-30). Regarding claim 9, Samsung teaches a method for determining an air interface latency, comprising: determining, by the user plane network element, a second latency, wherein the second latency is a latency from when the user plane network element sends a downlink data packet to when a terminal receives the downlink data packet (Samsung, Fig. 5, [76]-[85]; The UE transmits (510) time DL latency report to apparatus 100the apparatus obtains the DL latency in step 510). Samsung does not expressly teach receiving, by a user plane network element from an access network device, an uplink data packet that carries a round-trip latency, wherein the second latency is calculated based on the round-trip latency; and sending, by the user plane network element, the downlink data packet to the access network device, wherein the downlink data packet carries the second latency and a timestamp at which the user plane network element sends the downlink data packet. However, Lee teaches receiving, by a user plane network element from an access network device, an uplink data packet that carries a round-trip latency, wherein the second latency is calculated based on the round-trip latency; and sending, by the user plane network element, the downlink data packet to the access network device, wherein the downlink data packet carries the second latency and a timestamp at which the user plane network element sends the downlink data packet (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Samsung in view of Lee does not expressly teach wherein the round-trip latency is a latency from when a terminal sends an uplink data packet to when the terminal receives the downlink data packet corresponding to the uplink data packet. However, Oh teaches wherein the round-trip latency is a latency from when a terminal sends an uplink data packet to when the terminal receives the downlink data packet corresponding to the uplink data packet (Oh, Fig. 7, Column 11, line 46 – Column 12, line 5; sending a time-stamped query from the mobile station to the AP at block 260, where at block 262, a response to the query is received, and the round-trip delay is determined at block 264 based on the time-stamp of the query and a receipt time of the response). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung in view of Lee to include the above recited limitations as taught by Oh in order to determine when to effect a handoff (Oh, Column 3, lines 14-30). Regarding claim 13, Samsung teaches an apparatus, comprising: one or more processors (Samsung, Fig. 1, [57]; Processor 112); a memory coupled to the one or more processors and configured to store a computer program (Samsung, Fig. 1, [57] and [188]; Memory and the embodiments can be implemented though at least one software program), the computer program comprising computer instructions that, when executed by the one or more processors, cause the apparatus to perform the following: receiving, from a terminal, an uplink data packet comprising a timestamp at which the terminal sends the uplink data packet (Samsung, [117]-[129]; when packets are received at the UE, the transmit entity 206 triggers for time stamping of the UL PDCP packet); and scheduling the downlink data packet based on the air interface latency of the downlink data packet (Samsung, Fig. 5, [85]; the apparatus 100 on receiving (512) the latency report will evaluate the latency report and perform corrective actions). Samsung does not expressly teach sending the uplink data packet to a user plane network element, wherein the uplink data packet also comprising a first identifier and a round-trip latency; receiving, from the user plane network element, the downlink data packet with the first identifier; and calculating an air interface latency of the downlink data packet based on the round-trip latency, the timestamp at which the terminal sends the uplink data packet and a moment at which an access network device receives the downlink data packet. However, Lee teaches sending the uplink data packet to a user plane network element, wherein the uplink data packet also comprising a first identifier and a round-trip latency; receiving, from the user plane network element, the downlink data packet with the first identifier; and calculating an air interface latency of the downlink data packet based on the round-trip latency, the timestamp at which the terminal sends the uplink data packet and a moment at which an access network device receives the downlink data packet (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Samsung in view of Lee does not expressly teach wherein the round-trip latency is a latency from when a terminal sends an uplink data packet to when the terminal receives the downlink data packet corresponding to the uplink data packet. However, Oh teaches wherein the round-trip latency is a latency from when a terminal sends an uplink data packet to when the terminal receives the downlink data packet corresponding to the uplink data packet (Oh, Fig. 7, Column 11, line 46 – Column 12, line 5; sending a time-stamped query from the mobile station to the AP at block 260, where at block 262, a response to the query is received, and the round-trip delay is determined at block 264 based on the time-stamp of the query and a receipt time of the response). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung in view of Lee to include the above recited limitations as taught by Oh in order to determine when to effect a handoff (Oh, Column 3, lines 14-30). Regarding claims 2 and 10, Samsung in view of Lee further in view of Oh teaches the method according to claim 1 and the method according to claim 9 above. Samsung does not expressly teach wherein the obtaining, by the access network device, the air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet to a user plane network element, wherein the uplink data packet further carries a timestamp at which the terminal sends the uplink data packet; receiving, by the access network device from the user plane network element, the downlink data packet corresponding to the uplink data packet; and calculating, by the access network device, the air interface latency of the downlink data packet based on the round-trip latency, a moment at which the access network device receives the downlink data packet, and a moment at which the terminal sends the uplink data packet, wherein the air interface latency of the downlink data packet is calculated based on an expression of D — (T2 — T1), D represents the round-trip latency, T1 represents the moment at which the terminal sends the uplink data packet, and T2 represents the moment at which the access network device receives the downlink data packet. However, Lee teaches wherein the obtaining, by the access network device, the air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet to a user plane network element, wherein the uplink data packet further carries a timestamp at which the terminal sends the uplink data packet; receiving, by the access network device from the user plane network element, the downlink data packet corresponding to the uplink data packet; and calculating, by the access network device, the air interface latency of the downlink data packet based on the round-trip latency, a moment at which the access network device receives the downlink data packet, and a moment at which the terminal sends the uplink data packet, wherein the air interface latency of the downlink data packet is calculated based on an expression of D — (T2 — T1), D represents the round-trip latency, T1 represents the moment at which the terminal sends the uplink data packet, and T2 represents the moment at which the access network device receives the downlink data packet (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Regarding claims 3, 8, and 11, Samsung in view of Lee further in view of Oh teaches the method according to claim 1, the method according to claim 7, and the method according to claim 9 above. Further, Samsung teaches wherein the uplink data packet further carries a timestamp at which the terminal sends the uplink data packet (Samsung, [117]-[129]; when packets are received at the UE, the transmit entity 206 triggers for time stamping of the UL PDCP packet). Samsung does not expressly teach wherein the uplink data packet further carries a first identifier and the first identifier is used to identify the uplink data packet and the downlink data packet that have a correspondence; wherein the obtaining, by the access network device, the air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet to a user plane network element; receiving, by the access network device, the downlink data packet corresponding to the uplink data packet, wherein the downlink data packet carries the first identifier, a first latency, and the first latency is a latency from when the user plane network element sends the uplink data packet to when the user plane network element receives the downlink data packet; and calculating, by the access network device, the air interface latency of the downlink data packet based on the first latency, the round-trip latency, a moment at which the access network device receives the downlink data packet, and a moment at which the terminal sends the uplink data packet, wherein the air interface latency of the downlink data packet is calculated based on an expression of D-(T2-T1-D1), D represents the round-trip latency, T1 represents the moment at which the terminal sends the uplink data packet and is determined by the access network device based on the uplink data packet, T2 represents the moment at which the access network device receives the downlink data packet and is determined by the access network device based on the downlink data packet, and D1 represents the first latency. However, Lee teaches wherein the uplink data packet further carries a first identifier and the first identifier is used to identify the uplink data packet and the downlink data packet that have a correspondence; wherein the obtaining, by the access network device, the air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet to a user plane network element; receiving, by the access network device, the downlink data packet corresponding to the uplink data packet, wherein the downlink data packet carries the first identifier, a first latency, and the first latency is a latency from when the user plane network element sends the uplink data packet to when the user plane network element receives the downlink data packet; and calculating, by the access network device, the air interface latency of the downlink data packet based on the first latency, the round-trip latency, a moment at which the access network device receives the downlink data packet, and a moment at which the terminal sends the uplink data packet, wherein the air interface latency of the downlink data packet is calculated based on an expression of D-(T2-T1-D1), D represents the round-trip latency, T1 represents the moment at which the terminal sends the uplink data packet and is determined by the access network device based on the uplink data packet, T2 represents the moment at which the access network device receives the downlink data packet and is determined by the access network device based on the downlink data packet, and D1 represents the first latency (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Regarding claim 4, Samsung in view of Lee further in view of Oh teaches the method according to claim 1 above. Further, Samsung teaches wherein the uplink data packet further carries a first timestamp at which the terminal sends the uplink data packet (Samsung, [117]-[129]; when packets are received at the UE, the transmit entity 206 triggers for time stamping of the UL PDCP packet). Samsung does not expressly teach wherein the uplink data packet further carries a first identifier and the first identifier is used to identify the uplink data packet and the downlink data packet that have a correspondence; wherein the obtaining, by the access network device, an air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet to a user plane network element; receiving, by the access network device from the user plane network element, the downlink data packet corresponding to the uplink data packet, wherein the downlink data packet carries a second latency and a second timestamp at which the user plane network element sends the downlink data packet, and the second latency is a latency from when the user plane network element sends the downlink data packet to when the terminal receives the downlink data packet, the second latency is calculated by the user plane network element based on the round-trip latency; and calculating, by the access network device, the air interface latency of the downlink data packet based on the second latency, a moment at which the access network device receives the downlink data packet, and a moment at which the user plane network element sends the downlink data packet, wherein the air interface latency of the downlink data packet is calculated based on an expression of D2—(T2-T1), D2 represents the second latency, T2 represents the moment at which the access network device receives the downlink data packet, and T1 represents the moment at which the user plane network element sends the downlink data packet. However, Lee teaches wherein the uplink data packet further carries a first identifier and the first identifier is used to identify the uplink data packet and the downlink data packet that have a correspondence; wherein the obtaining, by the access network device, an air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet to a user plane network element; receiving, by the access network device from the user plane network element, the downlink data packet corresponding to the uplink data packet, wherein the downlink data packet carries a second latency and a second timestamp at which the user plane network element sends the downlink data packet, and the second latency is a latency from when the user plane network element sends the downlink data packet to when the terminal receives the downlink data packet, the second latency is calculated by the user plane network element based on the round-trip latency; and calculating, by the access network device, the air interface latency of the downlink data packet based on the second latency, a moment at which the access network device receives the downlink data packet, and a moment at which the user plane network element sends the downlink data packet, wherein the air interface latency of the downlink data packet is calculated based on an expression of D2—(T2-T1), D2 represents the second latency, T2 represents the moment at which the access network device receives the downlink data packet, and T1 represents the moment at which the user plane network element sends the downlink data packet (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Regarding claim 5, Samsung in view of Lee further in view of Oh teaches the method according to claim 1 above. Samsung does not expressly teach wherein the obtaining, by the access network device, the air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet carrying the round-trip latency to a user plane network element; and receiving, by the access network device from the user plane network element, the air interface latency of the downlink data packet that is calculated based on the round-trip latency. However, Lee teaches wherein the obtaining, by the access network device, the air interface latency of the downlink data packet comprises: sending, by the access network device, the uplink data packet carrying the round-trip latency to a user plane network element; and receiving, by the access network device from the user plane network element, the air interface latency of the downlink data packet that is calculated based on the round-trip latency (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Regarding claims 6, 12, and 14, Samsung in view of Lee further in view of Oh teaches the method according to claim 1, the method according to claim 11, and the apparatus according to claim 13 above. Samsung does not expressly teach wherein a plurality of downlink data packets correspond to the uplink data packet, a first downlink data packet in the plurality of downlink data packets carries a quantity of the plurality of downlink data packets, and the scheduling, by the access network device, the downlink data packet based on the air interface latency of the downlink data packet comprises: allocating, by the access network device, a latency for each of the plurality of downlink data packets corresponding to the uplink data packet based on the quantity of the plurality of downlink data packets and the air interface latency of the plurality of downlink data packets; and scheduling each of the downlink data packets based on the allocated latency for each of plurality of downlink data packets. However, Lee teaches wherein a plurality of downlink data packets correspond to the uplink data packet, a first downlink data packet in the plurality of downlink data packets carries a quantity of the plurality of downlink data packets, and the scheduling, by the access network device, the downlink data packet based on the air interface latency of the downlink data packet comprises: allocating, by the access network device, a latency for each of the plurality of downlink data packets corresponding to the uplink data packet based on the quantity of the plurality of downlink data packets and the air interface latency of the plurality of downlink data packets; and scheduling each of the downlink data packets based on the allocated latency for each of plurality of downlink data packets (Lee, Fig. 9 and 11, [0197]-[0216], [0222]-[0239], and [0244]; The RAN which receives a monitoring packet response from the terminal transmits an uplink monitoring packet to the PSA-UPF which includes a QOS management protocol identifier, a transmission latency of a Uu section, a local time at which the RAN received the monitoring packet request, and a local time at which the RAN received the monitoring packet response from the terminal, and the QoS monitoring protocol identifies a QoS monitoring policy that includes transmission latency information such as unidirectional or bidirectional transmission latency information between a terminal-UPF or terminal and PSA-UPF, or transmission latency information of each section of the wireless communications system illustrated in Fig. 9 and the latency times may be measured by using a round trip time). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Samsung to include the above recited limitations as taught by Lee in order for CP functions to enforce policy rules (Lee, [0037]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. 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 RODRICK MAK whose telephone number is (571)270-0284. The examiner can normally be reached Monday - Friday 9:30 am - 5:30 pm. 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, Noel Beharry can be reached at 571-270-5630. 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. /R.M./Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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Prosecution Timeline

Show 1 earlier event
Jun 18, 2025
Non-Final Rejection mailed — §103
Sep 17, 2025
Response Filed
Dec 18, 2025
Final Rejection mailed — §103
Mar 18, 2026
Response after Non-Final Action
May 06, 2026
Examiner Interview Summary
May 06, 2026
Applicant Interview (Telephonic)
May 17, 2026
Request for Continued Examination
May 23, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12574869
SIDELINK FEEDBACK REPORTING
4y 10m to grant Granted Mar 10, 2026
Patent 12556323
BANDWIDTH PART (BWP) FREQUENCY HOPPING
5y 0m to grant Granted Feb 17, 2026
Patent 12556297
ACCESSING A CELL UTILIZING A MULTIPLE BEAM NETWORK
1y 10m to grant Granted Feb 17, 2026
Patent 12537658
METHOD AND APPARATUS FOR AUTONOMOUS CHANGING FOR DORMANT BANDWIDTH PART IN A WIRELESS COMMUNICATION SYSTEM
3y 6m to grant Granted Jan 27, 2026
Patent 12532313
USER EQUIPMENT AND METHOD
3y 6m to grant Granted Jan 20, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+26.4%)
3y 5m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 245 resolved cases by this examiner. Grant probability derived from career allowance rate.

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