Prosecution Insights
Last updated: October 02, 2026
Application No. 18/272,482

MANAGING EARLY DATA COMMUNICATION

Final Rejection §103
Filed
Jul 14, 2023
Priority
Jan 14, 2021 — provisional 63/199,658 +3 more
Examiner
VU, QUOC THAI NGOC
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Google LLC
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
430 granted / 615 resolved
+7.9% vs TC avg
Strong +29% interview lift
Without
With
+28.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
641
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
63.5%
+23.5% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 615 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment This Action is in response to Applicant’s amendment filed June 22, 2026. Claims 1-13 and 18-24 are still pending in the present application. Claims 10-13 have been withdrawn from consideration. This Action is made FINAL. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-3, 5-9, 18-20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2023/0199900, “Park”) in view of Laselva et al. (US 2024/0015605, “Laselva”). Regarding claim 1, Park teaches a method in a distributed unit (DU) of a distributed base station (FIG. 28, gNB-DU) for managing early data transmission, the method comprising: receiving, by the DU from a user equipment (UE) operating in an inactive state associated with a protocol for controlling radio resources (FIG. 28 UE sends “RRC early data request” to gNB-DU, [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Since RRC request is an early data transmission request/small data transmission request, the UE is understood to be either in RRC inactive state or an RRC idle state, see [0256] “a base station DU receives uplink data for a small data transmission from a wireless device in an RRC inactive state or an RRC idle state”), (i) first data and (ii) a message formatted in accordance with the protocol (FIG. 28 UE sends “RRC early data request” and “UL data.” [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Note: RRC SDT/EDU corresponds to claimed “a message formatted in accordance with the protocol” and uplink data corresponds to claimed “first data”); transmitting, by the DU to a central unit (CU) of the distributed base station, the message via a control plane interface ([0262] “The base station DU may send, to the base station CU, the RRC request message.” FIG. 28 shows gnB-DU sends “message comprising RRC resume request/RRC early data request (and DL TEID(S))” to gNB-CU-CP which corresponds to claimed “control plane interface”); transmitting, by the DU, the first data to the CU via a user plane interface after transmitting the message ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface”); receiving, from the UE operating in the inactive state, second data after transmitting the first data to the CU ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.” [0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.” It is understood UE transmits subsequent data to DU which then communicates the subsequent uplink data to the base station CU); {indicating, by the DU to the CU, that the UE has subsequent data to transmit}; and transmitting, by the DU, the second data to the CU via the user plane interface ([0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.”) Park does not teach indicating, by the DU to the CU, that the UE has subsequent data to transmit. It should be noted, as indicated above, Park teaches “subsequent uplink data” being sent by DU to CU ([0319]), therefore notifying of the subsequent data before being sent is obvious, as it allows the CU to prepare for the incoming data preventing reception failure. For example, Laselva teaches [0101] “ for the purpose of the distributed unit 12-DU of the target node 12 to inform the central unit of the target node 12, e.g. the control plane (CP) gNB-CU-CP of the central unit of the target node, of the fact that “more data is expected”, an, e.g. novel, indication from the distributed unit 12-DU of the target node 12 to the central unit 12-CU of the target node 12 may be provided, which, in some embodiments, may also include e.g. a buffer status report (BSR)” which teaches indicating, by the DU to the CU, that the UE has subsequent data to transmit. It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to indicating, by the DU to the CU, that the UE has subsequent data to transmit, as taught by Laselva in Park, prevent data loss. Regarding claim 2, Park in view of Laselva teaches claim 1 and further teaches after the transmitting the message via the control plane interface: performing a UE context setup procedure or a UE context modification procedure with the CU ([0262] “The base station DU may receive, from the base station CU, a configuration message comprising the first contexts of the wireless device and a first field indicating the small data transmission. The base station DU may process/decode, based on the first field, the uplink data using the first contexts of the wireless device. The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data. The base station DU may send, to the base station CU (e.g., the base station CU-CP), a configuration response message responding to the configuration message.”); and transmitting the first data to the CU via the user plane interface in response to the performing ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface.”) Regarding claim 3, Park in view of Laselva teaches claim 1 and further teaches wherein: receiving the data includes: receiving a first segment of the first data with the message and subsequently receiving one or more remaining segments of the first data ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); and assembling the first segment and the one or more remaining segments to obtain the first data; and transmitting the message includes: transmitting the message after receiving the first segment and prior to assembling the first segment and the one or more remaining segments ([0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.”) Regarding claim 5, Park in view of Laselva teaches claim 1 and further teaches receiving, by the DU from the CU, third data over the user plane interface after transmitting the first data to the CU; and transmitting, by the processing hardware, the third data to the UE ([0262] “the base station DU may receive, from the base station CU, downlink data associated with the small data transmission. The base station DU may process the downlink data using the first contexts of the wireless device. The base station DU may send, to the wireless device, the processed downlink data.” FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE). Regarding claim 8, Park in view of Laselva teaches claim 1 and further teaches wherein receiving (i) the first data and (ii) the message includes receiving an uplink transmission including the first data with the message ([0226] “UE may send an RRC Early Data Request message concatenating user data”). Regarding claim 9, Park in view of Laselva teaches claim 1 and further teaches wherein transmitting the message includes transmitting the message in an Initial UL RRC Message Transfer message ([0262] “base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission”). Regarding claim 18, Park teaches a distributed unit (DU) of a distributed base station, the DU including processing hardware (FIG. 28, gNB-DU) and configured to: receive, from a user equipment (UE) operating in an inactive state associated with a protocol for controlling radio resources (FIG. 28 UE sends “RRC early data request” to gNB-DU, [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Since RRC request is an early data transmission request/small data transmission request, the UE is understood to be either in RRC inactive state or an RRC idle state, see [0256] “a base station DU receives uplink data for a small data transmission from a wireless device in an RRC inactive state or an RRC idle state”), (i) first data and (ii) a message formatted in accordance with the protocol (FIG. 28 - UE sends “RRC early data request” and “UL data.” [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Note: RRC SDT/EDU corresponds to claimed “a message formatted in accordance with the protocol” and uplink data corresponds to claimed “first data”), transmit, to a central unit (CU) of the distributed base station, the message via a control plane interface ([0262] “The base station DU may send, to the base station CU, the RRC request message.” FIG. 28 shows gnB-DU sends “message comprising RRC resume request/RRC early data request (and DL TEID(S))” to gNB-CU-CP which corresponds to claimed “control plane interface”), transmit, to the CU, the first data via a user plane interface after transmitting the message ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface”), receive, from the UE operating in the inactive state, second data after transmitting the first data to the CU ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.” [0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.” It is understood UE transmits subsequent data to DU which then communicates the subsequent uplink data to the base station CU), {indicate, to the CU, that the UE has subsequent data to transmit} and transmit the second data to the CU via the user plane interface ([0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts”). Park does not teach indicate, to the CU, that the UE has subsequent data to transmit. It should be noted, as indicated above, Park teaches “subsequent uplink data” being sent by DU to CU ([0319]), therefore notifying of the subsequent data before being sent is obvious, as it allows the CU to prepare for the incoming data preventing reception failure. For example, Laselva teaches [0101] “ for the purpose of the distributed unit 12-DU of the target node 12 to inform the central unit of the target node 12, e.g. the control plane (CP) gNB-CU-CP of the central unit of the target node, of the fact that “more data is expected”, an, e.g. novel, indication from the distributed unit 12-DU of the target node 12 to the central unit 12-CU of the target node 12 may be provided, which, in some embodiments, may also include e.g. a buffer status report (BSR)” which teaches indicate, to the CU, that the UE has subsequent data to transmit. It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to indicate, to the CU, that the UE has subsequent data to transmit, as taught by Laselva in Park, prevent data loss. Regarding claim 19, Park in view of Laselva teaches claim 18 and further teaches after the transmitting the message via the control plane interface: perform a UE context setup procedure or a UE context modification procedure with the CU ([0262] “The base station DU may receive, from the base station CU, a configuration message comprising the first contexts of the wireless device and a first field indicating the small data transmission. The base station DU may process/decode, based on the first field, the uplink data using the first contexts of the wireless device. The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data. The base station DU may send, to the base station CU (e.g., the base station CU-CP), a configuration response message responding to the configuration message”); and transmit the first data to the CU via the user plane interface in response to the performing ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface.”). Regarding claim 20, Park in view of Laselva teaches claim 18 and further teaches to: receive a first segment of the first data with the message and subsequently receiving one or more remaining segments of the first data ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); and assemble the first segment and the one or more remaining segments to obtain the first data; and transmit the message after receiving the first segment and prior to assembling the first segment and the one or more remaining segments ([0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.”). Regarding claim 22, Park in view of Laselva teaches claim 18 and further teaches to: receive, from the CU, third data over the user plane interface after transmitting the first data to the CU; and transmit the third data to the UE ([0262] “the base station DU may receive, from the base station CU, downlink data associated with the small data transmission. The base station DU may process the downlink data using the first contexts of the wireless device. The base station DU may send, to the wireless device, the processed downlink data.” FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE). Claims 4 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Laselva and further in view of Khjoshnevisan et al. (US 2021/0289540). Regarding claim 4, Park in view of Laselva teaches claim 1 but fails to teach wherein: receiving the first data includes receiving the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receiving the second data includes receiving the second data in a second transmission having the first HARQ process number. Khjoshnevisan teaches wherein: receiving the first data includes receiving the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receiving the second data includes receiving the second data in a second transmission having the first HARQ process number ([0005] “transmitting a first uplink transmission during a first uplink grant occasion according to the first uplink configured grant configuration and a second uplink transmission during a second uplink grant occasion according to the second uplink configured grant configuration, where both the first uplink transmission and the second uplink transmission correspond to a same transport block and a HARQ identifier.”) It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein: receiving the first data includes receiving the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receiving the second data includes receiving the second data in a second transmission having the first HARQ process number, as taught by Khoshnevisan in Park, to promote enhanced efficiency for high reliability and low latency uplink operations. Regarding claim 21, Park in view of Laselva teaches claim 18 but fails to teach to receive the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receive the second data includes receiving the second data in a second transmission having the first HARQ process number. Khjoshnevisan teaches receive the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receive the second data includes receiving the second data in a second transmission having the first HARQ process number ([0005] “transmitting a first uplink transmission during a first uplink grant occasion according to the first uplink configured grant configuration and a second uplink transmission during a second uplink grant occasion according to the second uplink configured grant configuration, where both the first uplink transmission and the second uplink transmission correspond to a same transport block and a HARQ identifier.”) It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to receive the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receive the second data includes receiving the second data in a second transmission having the first HARQ process number, as taught by Khoshnevisan in Park, to promote enhanced efficiency for high reliability and low latency uplink operations. Claims 6 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Laselva and further in view of Chang et al. (US 2022/0167452, “Chang”). Regarding claim 6, Park in view of Laselva teaches claim 1 but fails to teach configuring, by the DU, the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state. Chang teaches configuring, by the DU, the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state ([0133] “UE receives an RRC message including a pre-configured uplink resource configuration from a base station. The RRC message includes a maximum count of HARQ transmission on the pre-configured resource. The maximum count of HARQ transmission may also be a maximum count of HARQ retransmission.”) It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to configuring, by the DU, the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state, as taught by Chang in Park, to avoid power consumption caused by the UE due to unrestricted monitoring of retransmission. Regarding claim 23, Park in view of Laselva teaches claim 18 but fails to teach configure the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state. Chang teaches to configure the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state ([0133] “UE receives an RRC message including a pre-configured uplink resource configuration from a base station. The RRC message includes a maximum count of HARQ transmission on the pre-configured resource. The maximum count of HARQ transmission may also be a maximum count of HARQ retransmission.”) It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to configure the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state, as taught by Chang in Park, to avoid power consumption caused by the UE due to unrestricted monitoring of retransmission. Claims 7 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Laselva and further in view of Liu et al. (US 2021/0377757, “Liu”). Regarding claim 7, Park in view of Laselva teaches claim 1 and further teach receiving, by the DU from the CU over the user plane interface, a plurality of downlink data packets (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); {determining, by the DU, a threshold count of HARQ processes based on UE capability information}; and transmitting, by the DU, the plurality of downlink data packets to the UE (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like”{using a count of HARQ processes equal to or below the threshold count}. Although Park does not teach determining, by the DU, a threshold count of HARQ processes based on UE capability information, and transmitting using a count of HARQ processes equal to or below the threshold count, however, Park teaches HARQ is used, for example, [0204] recites “UE may transmit the HARQ acknowledgements after receiving a DL-SCH transport block” and [0141] “transport block and potential HARQ retransmissions of the transport block may be mapped to a serving cell.” The Examiner submits that as part of HARQ, data retransmissions being limited to a number of transmissions is well known in the art. Liu teaches determining, by the DU, a threshold count of HARQ processes based on UE capability information, and transmitting using a count of HARQ processes equal to or below the threshold count ([0142] “… there is an independent HARQ mechanism between the terminal device and the IAB node 2, there is an independent HARQ mechanism between the IAB node 1 and the IAB node 2, and there is an independent HARQ mechanism between the IAB node 1 and the IAB donor.” [0195] “an IAB node 2 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 2 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Uu interface. An IAB node 1 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 1 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Un 1 interface.”) It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature determining, by the DU, a threshold count of HARQ processes based on UE capability information, and transmitting using a count of HARQ processes equal to or below the threshold count, as taught by Liu in Park, to prevent unnecessary transmissions when radio link failure occurs. Regarding claim 24, Park in view of Laselva teaches claim 18 and further teach to: receive, from the CU over the user plane interface, a plurality of downlink data packets (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); {determine a threshold count of HARQ processes based on UE capability information}; and transmit the plurality of downlink data packets to the UE (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like”{using a count of HARQ processes equal to or below the threshold count}. Although Park does not teach to determine, by the DU, a threshold count of HARQ processes based on UE capability information, and transmit using a count of HARQ processes equal to or below the threshold count, however, Park teaches HARQ is used, for example, [0204] recites “UE may transmit the HARQ acknowledgements after receiving a DL-SCH transport block” and [0141] “transport block and potential HARQ retransmissions of the transport block may be mapped to a serving cell.” The Examiner submits that as part of HARQ, data retransmissions being limited to a number of transmissions is well known in the art. Liu teaches determine, by the DU, a threshold count of HARQ processes based on UE capability information, and transmit using a count of HARQ processes equal to or below the threshold count ([0142] “… there is an independent HARQ mechanism between the terminal device and the IAB node 2, there is an independent HARQ mechanism between the IAB node 1 and the IAB node 2, and there is an independent HARQ mechanism between the IAB node 1 and the IAB donor.” [0195] “an IAB node 2 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 2 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Uu interface. An IAB node 1 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 1 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Un 1 interface.”) It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to determine, by the DU, a threshold count of HARQ processes based on UE capability information, and transmit using a count of HARQ processes equal to or below the threshold count, as taught by Liu in Park, to prevent unnecessary transmissions when radio link failure occurs. Response to Arguments Applicant’s arguments with respect to claims 1-9 and 18-24 have been considered but are moot in view of new ground of rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2022/0086944) discloses uplink EDT data transmission in CU-DU split. 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 QUOC THAI NGOC VU whose telephone number is (571)270-5901. The examiner can normally be reached M-F, 9:30AM-6:00PM. 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, Rafael Perez-Gutierrez can be reached at 571-272-7915. 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. /QUOC THAI N VU/ Primary Examiner, Art Unit 2642
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Prosecution Timeline

Jul 14, 2023
Application Filed
Feb 20, 2026
Non-Final Rejection mailed — §103
Jun 22, 2026
Response Filed
Aug 24, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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CHANNEL ACCESS METHOD FOR CARRYING OUT TRANSMISSION IN UNLICENSED BAND, AND DEVICE USING SAME
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+28.8%)
2y 10m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 615 resolved cases by this examiner. Grant probability derived from career allowance rate.

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