Prosecution Insights
Last updated: July 17, 2026
Application No. 18/284,482

METHOD AND APPARATUS FOR DATA TRANSMISSION IN NON-CONNECTED STATE

Final Rejection §103
Filed
Sep 27, 2023
Priority
Apr 01, 2021 — nonprovisional of PCTCN2021084821
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Lenovo (United States) Inc.
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
803 granted / 949 resolved
+26.6% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
30 currently pending
Career history
972
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
28.6%
-11.4% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 949 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 . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1, 10, and 15-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (US 2021/0274525 A1), hereinafter referred to as D1, in view of Tsai et al. (US 2022/0304100 A1), hereinafter referred to as D2 Regarding claims 1, 15, and 32, D1 discloses user equipment and method for small data transmission, which comprises: calculating a data volume for a small data transmission in a layer higher than an AS layer or in the AS layer (Referring to Figures 4-8, Once some data becomes available for transmission within the AS layer (e.g., SDAP, PDCP, RLC and MAC sublayers) of the UE 830 (calculating a data volume for SDT in the AS layer), the UE 830 may initiate the small data transmission attempt and check allowance accordingly for the generated attempt. In one implementation, the allowance check performed by the UE 830 in action 808 is based on one or more parameters and/or configuration received from the base station 820 (e.g., gNB) via system information (e.g., system information block 1 (SIB1)) in action 806. In action 808, the UE 830 may determine the small data transmission is allowed by the base station 820. In action 810, the UE 830 may perform the small data transmission via the RA procedure. See paragraphs 0269-0271.), and determining to initiate an SDT procedure based on the calculated data volume being less than a data volume threshold (Referring to Figures 4-8, An indicator indicating a maximum size of a TB/data that can be transmission on a BWP and/or cell via the RA procedure. In one implementation, the small data transmission configuration indicates a data volume threshold for the small data transmission to be performed via the RA procedure (determine to initiate the SDT based data volume less than the threshold). The size of the TB is smaller than (or equal to) a specific threshold. See paragraphs 0255-0257 and 0295-0297.) D1 does not disclose in a non-connected state, the data volume including data sizes of SRB configured for SDT and DRB and initiating the SDT procedure for the SDT transmission for the data volume of SRB or DRB. D2 teaches a Small Data Transmission (SDT) may be a procedure that allows data transmission while the UE is remaining in the RRC_INACTIVE state (e.g., without transitioning to the RRC_CONNECTED state) (non-connected state). The SDT may be a UL data transmission in an RRC_INACTIVE state. The packet size (or data volume) of the UL data may be lower than a threshold. The UL data of SDT may be transmitted during an SDT procedure. The UL data of the SDT may be transmitted via Msg 3 (e.g., based on a 4-step RA), via MsgA (e.g., based on a 2-step RA), and/or via a CG resource (e.g., a CG Type 1). The UL data of the SDT may be transmitted based on a dynamic scheduling and/or a semi-persistent scheduling when the UE is in the RRC_INACTIVE state.. See paragraphs 0045-0050. Referring to Figure 1, in action 104, when there is UL data arrival, the UE may determine whether to initiate an SDT procedure shown in action 106 or initiate a RRC connection resume procedure shown in action 116 (e.g., initiating transmission of RRCResumeRequest). The UE may determine whether to initiate/trigger an SDT procedure shown in action 106 or initiate a RRC connection resume procedure shown in action 116 based on one or more criteria, e.g., DRB/SRB, data volume, and/or RSRP, etc. In one implementation, the UE may initiate the SDT procedure when/after at least one LCH/DRB/SRB is configured for the SDT and has pending data. For example, data is available for transmission for only those LCHs/DRBs/SRBs for which SDT is enabled. The LCH/DRB/SRB configured for the SDT may be resumed/re-established when the UE initiates the SDT procedure. In one implementation, the UE may initiate the SDT procedure if data volume for transmission (e.g., for the SDT) is lower than a configured threshold for the SDT. The data volume may only count the volume of the LCH/DRB/SRB configured for the SDT. In one implementation, the UE may initiate the SDT procedure if an RSRP is larger than a configured RSRP threshold for the SDT. See paragraphs 0148-0150. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the RRC_Inactive SDT transmission of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve data throughput by reducing overhead signaling for small data transmissions during periods of inactive status. Regarding claims 10 and 24, the primary reference further teaches transmitting an indication to indicate a new data arrival with a priority equal to or lower than a priority of data for the SDT transmission after a first SDT transmission in the SDT transmission during the SDT procedure (Referring to Figures 4-8, The UE may perform small data transmission via the RA procedure among the multiple BWPs sequentially according to the priority order. An indicator indicating the number of repetitions to be performed by the UE for transmission of the small data (transmitting an indication to indicate a new data arrival with a priority equal to or lower than a priority of data for the SDT transmission after a first SDT transmission in the SDT transmission during the SDT procedure as the SDT is repeated a number of times with a level of equivalent priority according to the indicated repetitions), the payload of the MSGA, and/or the preamble of the MSGA. When the UE performs transmission of the small data, the payload of the MSGA, and/or the preamble of the MSGA, the UE may repeat the transmission of TB corresponding to the small data, the payload of the MSGA on the PUSCH, and/or the preamble of the MSGA for the number of times indicated by the indicator. See paragraphs 0230-0241.) Regarding claim 17, the primary reference further teaches wherein the at least one processor is configured to cause the UE to calculate the data volume for the SRB in non-access stratum (NAS) layer (Referring to Figures 4-8, Once some data becomes available for transmission within the AS layer (e.g., SDAP, PDCP, RLC and MAC sublayers) of the UE 830 (calculating a data volume for SDT in the AS layer), the UE 830 may initiate the small data transmission attempt and check allowance accordingly for the generated attempt. In one implementation, the allowance check performed by the UE 830 in action 808 is based on one or more parameters and/or configuration received from the base station 820 (e.g., gNB) via system information (e.g., system information block 1 (SIB1)) in action 806. In action 808, the UE 830 may determine the small data transmission is allowed by the base station 820. In action 810, the UE 830 may perform the small data transmission via the RA procedure. See paragraphs 0269-0271.) D1 does not disclose data volume for the SRB is at least one of a size of a NAS message, a control plane (CP) message, or a measurement report. D2 teaches if CG-SDT resources are configured on the selected UL carrier and are valid, then CG-based SDT is selected to perform (at least one of a size, as the CG-based SDT transmission corresponds to a similar size) See paragraphs 0108-0110. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the RRC_Inactive SDT transmission of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve data throughput by reducing overhead signaling for small data transmissions during periods of inactive status. Regarding claim 18, D1 does not disclose wherein the at least one processor is configured to cause the UE to calculate the data volume for the DRB in at least one of user datagram protocol (UDP) layer, internet protocol (IP) layer, transmission control protocol (TCP) layer, or application layer. D2 teaches the highest layers may be the application and IP layers that refer to the worldwide web and other applications running on it. As such, transmission of user data may go through the SDAP that is a new protocol layer for QoS management. The SDAP layer for the QoS management in the user plane provides mapping between QoS flow and DRBs and marking for QoS flow IDs in DL and UL packets for their way to the 5G core. In some implementations, an IP header is replaced with a 5G equivalent one at the PDCP layer. The RLC layer may organize the data and retransmission. Prioritization and hybrid automated retransmission requests may take place at the MAC layer. See paragraphs 0180-0183. SDP transmission is permitted for such data packets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the RRC_Inactive SDT transmission of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve data throughput by reducing overhead signaling for small data transmissions during periods of inactive status. Regarding claim 19, the primary reference further teaches wherein the data volume threshold includes at least one of a first threshold, a second threshold, and a third threshold, and the at least one processor is configured to cause the UE to determine to initiate an SDT procedure based on at least one of: a sum of a data volume of the SRB and the DRB is less than the first threshold; the data volume of the SRB is less than the second threshold; or the data volume of the DRB is less than the third threshold (Referring to Figures 4-8, the UE may suspend all SRB(s) and DRB(s) except SRB0 and the radio bearer that is indicated to be retained by the small data transmission configuration (e.g., SD_Config) when performing small data transmission via the RA procedure. See paragraphs 0256-0258. Introduce a new type of access attempt dedicated for the small data transmission in which the data (TB) to be transmitted satisfies a specific condition. The specific condition may be: The size of the TB is smaller than (or equal to) a specific threshold (second threshold). See paragraphs 0295-0297. The small data may be the data from a logical channel associated with any of SRB and/or DRB. See paragraphs 0209-0211.) Regarding claim 20, D1 does not disclose wherein whether to add the data volume of the SRB and the data volume of the DRB to calculate the data volume for the SDT transmission is configured or pre-defined if only one threshold is configured. D2 teaches a Small Data Transmission (SDT) may be a procedure that allows data transmission while the UE is remaining in the RRC_INACTIVE state (e.g., without transitioning to the RRC_CONNECTED state) (non-connected state). The SDT may be a UL data transmission in an RRC_INACTIVE state. The packet size (or data volume) of the UL data may be lower than a threshold (if only one threshold is configured). The UL data of SDT may be transmitted during an SDT procedure. The UL data of the SDT may be transmitted via Msg 3 (e.g., based on a 4-step RA), via MsgA (e.g., based on a 2-step RA), and/or via a CG resource (e.g., a CG Type 1). The UL data of the SDT may be transmitted based on a dynamic scheduling and/or a semi-persistent scheduling when the UE is in the RRC_INACTIVE state.. See paragraphs 0045-0050. Referring to Figure 1, in action 104, when there is UL data arrival, the UE may determine whether to initiate an SDT procedure shown in action 106 or initiate a RRC connection resume procedure shown in action 116 (e.g., initiating transmission of RRCResumeRequest). The UE may determine whether to initiate/trigger an SDT procedure shown in action 106 or initiate a RRC connection resume procedure shown in action 116 based on one or more criteria, e.g., DRB/SRB (whether to add the data volume of the SRB and the data volume of the DRB), data volume, and/or RSRP, etc. In one implementation, the UE may initiate the SDT procedure when/after at least one LCH/DRB/SRB is configured for the SDT and has pending data. For example, data is available for transmission for only those LCHs/DRBs/SRBs for which SDT is enabled. The LCH/DRB/SRB configured for the SDT may be resumed/re-established when the UE initiates the SDT procedure. In one implementation, the UE may initiate the SDT procedure if data volume for transmission (e.g., for the SDT) is lower than a configured threshold for the SDT. The data volume may only count the volume of the LCH/DRB/SRB configured for the SDT. In one implementation, the UE may initiate the SDT procedure if an RSRP is larger than a configured RSRP threshold for the SDT. See paragraphs 0148-0150. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the RRC_Inactive SDT transmission of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve data throughput by reducing overhead signaling for small data transmissions during periods of inactive status. Regarding claims 21 and 23, the primary reference further teaches wherein the at least one processor is configured to cause the UE to calculate the data volume for the SDT transmission in the AS layer after receiving data size information of the SDT transmission from an upper layer by packet data convergence protocol (PDCP) layer (Referring to Figures 4-8, Once some data becomes available for transmission within the AS layer (e.g., SDAP, PDCP, RLC and MAC sublayers) of the UE 830 (calculating a data volume for SDT in the AS layer), the UE 830 may initiate the small data transmission attempt and check allowance accordingly for the generated attempt. In one implementation, the allowance check performed by the UE 830 in action 808 is based on one or more parameters and/or configuration received from the base station 820 (e.g., gNB) via system information (e.g., system information block 1 (SIB1)) in action 806. In action 808, the UE 830 may determine the small data transmission is allowed by the base station 820. In action 810, the UE 830 may perform the small data transmission via the RA procedure. See paragraphs 0269-0271.) Regarding claim 22, the primary reference further teaches wherein the at least one processor is configured to cause the UE to calculate the data volume for the SDT transmission by adding the data size of the SDT transmission from the upper layer to data size of one or more headers associated with the AS layer (Referring to Figures 4-8, Once some data becomes available for transmission within the AS layer (e.g., SDAP, PDCP, RLC and MAC sublayers) of the UE 830 (calculating a data volume for SDT in the AS layer), the UE 830 may initiate the small data transmission attempt and check allowance accordingly for the generated attempt. In one implementation, the allowance check performed by the UE 830 in action 808 is based on one or more parameters and/or configuration received from the base station 820 (e.g., gNB) via system information (e.g., system information block 1 (SIB1)) in action 806. In action 808, the UE 830 may determine the small data transmission is allowed by the base station 820. In action 810, the UE 830 may perform the small data transmission via the RA procedure (comprising header information included in the summation for the small data transmission). See paragraphs 0269-0271.) Regarding claim 25, the primary reference further teaches wherein the at least one processor is configured to cause the UE to transmit a media access control (MAC) control element (CE) to indicate the new data arrival (Referring to Figures 4-8, the UE may switch to another BWP for the small data transmission via RA based on the received priority order (for example, the UE may switch from a BWP having the highest priority to another BWP having the second-highest priority) when one or more events listed below occurs: An indicator (e.g., a BWP switch indicator) is received from the gNB. The indicator may be contained in: a DCI field, a DCI with CRC bits scrambled by a (pre-configured/pre-defined) RNTI, a (DL) MAC PDU, a MAC subPDU, a (sub)header of a MAC subPDU, a DL MAC CE, an MSGB, a DCI that schedules a PDSCH reception corresponding to the MSGB, a MAC PDU of the MSGB, a subPDU within the MAC PDU of the MSGB, a fallback RAR within the MSGB, a success RAR within the MSGB, a (sub)header of a fallback RAR within the MSGB, a (sub)header of a success RAR within the MSGB, and/or a (sub)header of a subPDU of a MAC PDU of the MSGB. See paragraphs 0233-0236.) Regarding claim 26, the primary reference further teaches wherein a logical channel priority (LCP) of the MAC CE is lower than a priority of a MAC CE for a buffer status report (BSR) and higher than a priority of data from another logical channel (Referring to Figures 4-8, Logical channel priority, as specified in TS 38.321, as such is configurable priority that teaches the claimed limitation the claim recites relative priorities and the claim does not set for the priority levels of the BSR and another logical channel. See Table 3. A small data-specific logical channel configuration that configures one or more parameters to be applied by the MAC entity for the UE for the logical channel associated with the indicated radio bearer. The parameter may be one or more parameters listed in Table 3. See paragraph 0388.) Regarding claim 27, the primary reference further teaches wherein the MAC CE to indicate the new data arrival includes at least one of: the new data arrival is for which radio bearer (RB); a data volume of the new data; or an indication to indicate whether the data volume of the new data is less than a threshold (Referring to Figures 4-8, An indicator indicating a maximum size of a TB/data that can be transmission on a BWP and/or cell via the RA procedure. In one implementation, the small data transmission configuration indicates a data volume threshold for the small data transmission to be performed via the RA procedure. See paragraph 0256.) Regarding claim 28, the primary reference further teaches wherein the at least one processor is configured to cause the UE to transmit a logical channel identifier (LCID) to identify a type of the MAC CE to indicate the new data arrival (Referring to Figures 4-8, Logical channel priority, as specified in TS 38.321. See Table 3. A small data-specific logical channel configuration that configures one or more parameters to be applied by the MAC entity for the UE for the logical channel associated with the indicated radio bearer. The parameter may be one or more parameters listed in Table 3 comprising logical channel identifier. See paragraph 0388.) Regarding claim 29, the primary reference further teaches wherein the at least one processor is configured to cause the UE to transmit a buffer status report (BSR) to indicate the new data arrival (Referring to Figures 8-10, Introduce a new type of access attempt dedicated for the small data transmission in which the data (TB) to be transmitted satisfies a specific condition. The specific condition may be: The MAC PDU of the TB contains a specific MAC subPDU containing a specific type of UL MAC CE, such as a BSR MAC CE or C-RNTI MAC CE. See paragraphs 0295-0302. The UE determines that there is data available for transmission (in the UE's PDCP, RLC and/or MAC layer). In action 1006, the UE triggers a BSR procedure. In action 1008, the UE initiates an RA procedure for small data transmission. See paragraphs 0316-0318.) Regarding claim 30, the primary reference further teaches wherein the data volume includes a data size of a kind of SRB that is configured to be allowed to do SDT (Referring to Figures 4-8, the UE may suspend all SRB(s) and DRB(s) except SRB0 and the radio bearer that is indicated to be retained by the small data transmission configuration (e.g., SD_Config) when performing small data transmission via the RA procedure. See paragraphs 0256-0258.) Regarding claim 31, the primary reference further teaches wherein the at least one processor is configured to cause the UE to calculate a data volume for one or more data radio bearer (DRBs) that are configured to be one or more DRBs for SDT (Referring to Figures 4-8, the UE may suspend all SRB(s) and DRB(s) (configured to be zero) except SRB0 and the radio bearer that is indicated to be retained by the small data transmission configuration (e.g., SD_Config) when performing small data transmission via the RA procedure. See paragraphs 0256-0258.) Claim(s) 33 is rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of D2 in further view of Kim et al. (US 2024/0008130 A1), hereinafter referred to as D3. Regarding claim 33, D1 does not disclose wherein, for the SRB, the data volume includes only the data volume of a SRB2. D3 teaches SDT decision for NAS message based on signaling radio bearer configured to SDT. A base station may indicate/configure to a wireless device that an SRB2 is allowed to use SDT. For example, the base station may transmit to a wireless device a bearer configuration, for SDT, indicating that a SRB2 is allowed to use SDT. For example, the base station may transmit to the wireless device an RRC release message comprising the bearer configuration for the SDT. Based on receiving the RRC release message, the wireless device may transition to an RRC inactive state or an RRC idle state. An NAS layer of the wireless device may submit to an RRC layer of the wireless device an NAS message of a NAS procedure associated with an access attempt of voice/video call. Based on the bearer configuration for SDT and the NAS message being associated with the SRB, the RRC layer in the RRC inactive state or the RRC idle state may determine to transmit the NAS message using the SRB2. Based on the determining, the RRC layer in the RRC inactive state or the RRC idle state may transmit to a base station the NAS message via an RRC message and using the SRB2. The base station may forward the NAS message to an AMF. Based on the NAS message, the AMF may initiate the NAS procedure for the voice/video call. (The RRC layer of) the wireless device in the RRC inactive state and the RRC idle state may transmit/receive a packet for the voice/video call. The transmission/reception in the RRC inactive state and the RRC idle state may not support quality of service (QoS) of the voice/video call which is a service designed in an RRC connected state. See paragraph 0394 and 0395. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the NAS messages and RRC messages, including logged measurement information, via the SRB2 of D3 in the system of D1 and D2. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve data throughput by reducing overhead signaling for small data transmissions during periods of inactive status; thereby, providing improved NAS and RRC messaging. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 10, and 15-32 have been considered but are moot because the new ground of rejection, as explained above, are rejected in light of the newly cited prior art which teaches the newly amended claim limitations. The newly cited prior art, D2 and D3, teach the amended claim limitations as recited above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (US 2024/0306147 A1) - The method comprises if first uplink data from at least one radio bearer not supporting a transmission in an inactive state arrives during a transmission of second uplink data in the inactive state, a terminal device generates an indication indicating the arriving of the first uplink data and transmits the indication to a network device. In this way, the transmission in the inactive state can be ensured to be finished in an efficiency way. 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 DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST. 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, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/ Primary Examiner, Art Unit 2462
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Prosecution Timeline

Sep 27, 2023
Application Filed
Oct 22, 2025
Non-Final Rejection mailed — §103
Jan 06, 2026
Interview Requested
Jan 13, 2026
Applicant Interview (Telephonic)
Jan 20, 2026
Response Filed
Jan 23, 2026
Examiner Interview Summary
May 28, 2026
Final Rejection mailed — §103
Jul 13, 2026
Interview Requested

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3-4
Expected OA Rounds
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