Prosecution Insights
Last updated: April 19, 2026
Application No. 18/292,753

METHOD AND APPARATUS FOR PERFORMING FRAME LEVEL RETRANSMISSION BY USER EQUIPMENT IN WIRELESS COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Jan 26, 2024
Examiner
HSU, BAILOR CHIA-JONG
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
274 granted / 308 resolved
+31.0% vs TC avg
Moderate +5% lift
Without
With
+5.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
337
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
28.9%
-11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 308 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/06/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Specification The abstract of the disclosure is objected to because it contains international publication data. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-4, 6-9, and 11-12 are rejected under 35 U.S.C. 103 over Kim et al. (US 2020/0045766 A1), hereinafter referred to as Kim, in view of Loehr et al. (US 2020/0274654 A1), hereinafter referred to as Loehr. Regarding claim 1, Kim teaches a method for performing operations of a transmitting side in a wireless communication system (Kim – Paragraph [0068], note a method and procedure of retransmitting lost data based on a packet data convergence protocol (PDCP) status report in a PDCP layer of two end wireless nodes of a wireless backhaul network), the method comprising: transmitting at least one first data unit among multiple data units associated with a frame to a receiving side (Kim – Paragraph [0152], note a UE may establish RRC connection by accessing any wireless node, and transmit or receive data (PDCP SDUs or a PDCP PDUs, see Paragraph [0300]), each wireless node may be a child IAB node and have another wireless node as a parent IAB node, and establish RRC connection with a parent IAB node to transmit or receive data); receiving a retransmission indication (Kim – Paragraph [0170], note in order for the RRCConnectionSetup message (or the RRCResume message) to indicate retransmission based on the PDCP status report to be performed, the configuration information (pdcp-config) of the PDCP layer may include a PDCP data recovery indicator (recoverPDCP), the parent IAB node may configure the UE or the child IAB node to trigger a PDCP data recovery procedure and transmit the PDCP status report, by using the indicator); and based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the second data unit associated with the frame (Kim – Paragraph [0265], note upon receiving such a control message, the UE may perform the PDCP data recovery procedure in the PDCP layer corresponding to the PDCP configuration information, the UE may selectively retransmit data in an ascending order of a count value with respect to data whose successful transmission indicated by the PDCP status report is not confirmed). Kim does not teach based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame. In an analogous art, Loehr teaches based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame (Loehr – Paragraph [0042], note in the case of receiving a HARQ NACK (i.e., indicating unsuccessful receipt of a PDCP PDU), the UE may enable duplication for the retransmission and, optionally, for subsequent PDCP PDUs; Paragraph [0075], note upon reception of a NACK for the transmission of a MAC PDU containing a PDCP/RLC PDU of the primary LCH, the UE 205 performs a HARQ retransmission of this MAC PDU and also transmits the pre-generated MAC PDU(s) containing the duplicate PDCP PDU(s) for the secondary LCH(s) which are available for transmission at the MAC entity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Loehr into Kim in order to perform PDU duplication and retransmission of multiple PDUs based on a received NACK, improving transmission reliability and spatial diversity (Loehr – Paragraphs [0005] and [0042]). Regarding claim 2, the combination of Kim and Loehr, specifically Kim teaches wherein the retransmission indication comprises at least one of a Packet Data Convergence Protocol (PDCP) re-establishment indication and a PDCP data recovery indication (Kim – Paragraph [0170], note in order for the RRCConnectionSetup message (or the RRCResume message) to indicate retransmission based on the PDCP status report to be performed, the configuration information (pdcp-config) of the PDCP layer may include a PDCP data recovery indicator (recoverPDCP)). Regarding claim 3, the combination of Kim and Loehr, specifically Kim teaches the method further comprising: receiving, from an upper layer, the multiple data units associated with the frame with information related to a start of the frame and an end of the frame (Kim – Paragraph [0124], note PDCP sequence number (SN); sequence numbers for a PDUs/SDUs indicate the order of data as conventional in the art, and thus imply the start and end of a frame). Regarding claim 4, the combination of Kim and Loehr, specifically Kim teaches the method further comprising: identifying a start of the frame and an end of the frame, among the multiple data units (Kim – Paragraph [0124], note PDCP sequence number (SN); sequence numbers for a PDUs/SDUs indicate the order of data as conventional in the art, and thus imply the start and end of a frame). Regarding claim 6, Kim teaches a user equipment (UE) in a wireless communication system (Kim – Fig. 1C, Fig. 1O; Paragraph [0105], note new radio user equipment; Paragraph [0313], note UE or wireless node), the UE comprising: at least one transceiver (Kim – Fig. 1O; Paragraph [0314], note RF processor, signals transmitted or received through multiple antennas or antenna elements); at least one processor (Kim – Fig. 1O; Paragraph [0318], note the controller may control overall operations of the UE, and may include at least one processor); and at least one computer memory operably connectable to the at least one processor and storing instructions that, when executed (Kim – Fig. 1O; Paragraph [0317], note the storage may store data for operation of the UE described, e.g., basic programs, application programs, and configuration information), cause the at least one processor to perform operations comprising: transmitting at least one first data unit among multiple data units associated with a frame to a receiving side (Kim – Paragraph [0152], note a UE may establish RRC connection by accessing any wireless node, and transmit or receive data (PDCP SDUs or a PDCP PDUs, see Paragraph [0300]), each wireless node may be a child IAB node and have another wireless node as a parent IAB node, and establish RRC connection with a parent IAB node to transmit or receive data); receiving a retransmission indication (Kim – Paragraph [0170], note in order for the RRCConnectionSetup message (or the RRCResume message) to indicate retransmission based on the PDCP status report to be performed, the configuration information (pdcp-config) of the PDCP layer may include a PDCP data recovery indicator (recoverPDCP), the parent IAB node may configure the UE or the child IAB node to trigger a PDCP data recovery procedure and transmit the PDCP status report, by using the indicator); and based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the second data unit associated with the frame (Kim – Paragraph [0265], note upon receiving such a control message, the UE may perform the PDCP data recovery procedure in the PDCP layer corresponding to the PDCP configuration information, the UE may selectively retransmit data in an ascending order of a count value with respect to data whose successful transmission indicated by the PDCP status report is not confirmed). Kim does not teach based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame. In an analogous art, Loehr teaches based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame (Loehr – Paragraph [0042], note in the case of receiving a HARQ NACK (i.e., indicating unsuccessful receipt of a PDCP PDU), the UE may enable duplication for the retransmission and, optionally, for subsequent PDCP PDUs; Paragraph [0075], note upon reception of a NACK for the transmission of a MAC PDU containing a PDCP/RLC PDU of the primary LCH, the UE 205 performs a HARQ retransmission of this MAC PDU and also transmits the pre-generated MAC PDU(s) containing the duplicate PDCP PDU(s) for the secondary LCH(s) which are available for transmission at the MAC entity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Loehr into Kim in order to perform PDU duplication and retransmission of multiple PDUs based on a received NACK, improving transmission reliability and spatial diversity (Loehr – Paragraphs [0005] and [0042]). Regarding claim 7, the claim is interpreted and rejected for the same reason as claim 2 above. Regarding claim 8, the claim is interpreted and rejected for the same reason as claim 3 above. Regarding claim 9, the claim is interpreted and rejected for the same reason as claim 4 above. Regarding claim 11, Kim teaches an apparatus for a user equipment (UE) (Kim – Fig. 1O; Paragraph [0313], note UE or wireless node), the apparatus comprising: at least one processor (Kim – Fig. 1O; Paragraph [0318], note the controller may control overall operations of the UE, and may include at least one processor); and at least one computer memory operably connectable to the at least one processor and storing instructions that, when executed (Kim – Fig. 1O; Paragraph [0317], note the storage may store data for operation of the UE described, e.g., basic programs, application programs, and configuration information), cause the at least one processor to perform operations comprising: transmitting at least one first data unit among multiple data units associated with a frame to a receiving side (Kim – Paragraph [0152], note a UE may establish RRC connection by accessing any wireless node, and transmit or receive data (PDCP SDUs or a PDCP PDUs, see Paragraph [0300]), each wireless node may be a child IAB node and have another wireless node as a parent IAB node, and establish RRC connection with a parent IAB node to transmit or receive data); receiving a retransmission indication (Kim – Paragraph [0170], note in order for the RRCConnectionSetup message (or the RRCResume message) to indicate retransmission based on the PDCP status report to be performed, the configuration information (pdcp-config) of the PDCP layer may include a PDCP data recovery indicator (recoverPDCP), the parent IAB node may configure the UE or the child IAB node to trigger a PDCP data recovery procedure and transmit the PDCP status report, by using the indicator); and based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the second data unit associated with the frame (Kim – Paragraph [0265], note upon receiving such a control message, the UE may perform the PDCP data recovery procedure in the PDCP layer corresponding to the PDCP configuration information, the UE may selectively retransmit data in an ascending order of a count value with respect to data whose successful transmission indicated by the PDCP status report is not confirmed). Kim does not teach based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame. In an analogous art, Loehr teaches based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame (Loehr – Paragraph [0042], note in the case of receiving a HARQ NACK (i.e., indicating unsuccessful receipt of a PDCP PDU), the UE may enable duplication for the retransmission and, optionally, for subsequent PDCP PDUs; Paragraph [0075], note upon reception of a NACK for the transmission of a MAC PDU containing a PDCP/RLC PDU of the primary LCH, the UE 205 performs a HARQ retransmission of this MAC PDU and also transmits the pre-generated MAC PDU(s) containing the duplicate PDCP PDU(s) for the secondary LCH(s) which are available for transmission at the MAC entity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Loehr into Kim in order to perform PDU duplication and retransmission of multiple PDUs based on a received NACK, improving transmission reliability and spatial diversity (Loehr – Paragraphs [0005] and [0042]). Regarding claim 12, Kim teaches a non-transitory computer readable storage medium storing at least one computer program comprising instructions that, when executed by at least one processor (Kim – Fig. 1O; Paragraph [0317], note storage may store data for operation of the UE described above, e.g., basic programs, application programs, and configuration information, the storage may be configured in storage medium), cause the at least one processor to perform operations for a user equipment (UE), the operations comprising: transmitting at least one first data unit among multiple data units associated with a frame to a receiving side (Kim – Paragraph [0152], note a UE may establish RRC connection by accessing any wireless node, and transmit or receive data (PDCP SDUs or a PDCP PDUs, see Paragraph [0300]), each wireless node may be a child IAB node and have another wireless node as a parent IAB node, and establish RRC connection with a parent IAB node to transmit or receive data); receiving a retransmission indication (Kim – Paragraph [0170], note in order for the RRCConnectionSetup message (or the RRCResume message) to indicate retransmission based on the PDCP status report to be performed, the configuration information (pdcp-config) of the PDCP layer may include a PDCP data recovery indicator (recoverPDCP), the parent IAB node may configure the UE or the child IAB node to trigger a PDCP data recovery procedure and transmit the PDCP status report, by using the indicator); and based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the second data unit associated with the frame (Kim – Paragraph [0265], note upon receiving such a control message, the UE may perform the PDCP data recovery procedure in the PDCP layer corresponding to the PDCP configuration information, the UE may selectively retransmit data in an ascending order of a count value with respect to data whose successful transmission indicated by the PDCP status report is not confirmed). Kim does not teach based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame. In an analogous art, Loehr teaches based on a second data unit among the multiple data units not being successfully transmitted to the receiving side, performing retransmission for the multiple data units associated with the frame (Loehr – Paragraph [0042], note in the case of receiving a HARQ NACK (i.e., indicating unsuccessful receipt of a PDCP PDU), the UE may enable duplication for the retransmission and, optionally, for subsequent PDCP PDUs; Paragraph [0075], note upon reception of a NACK for the transmission of a MAC PDU containing a PDCP/RLC PDU of the primary LCH, the UE 205 performs a HARQ retransmission of this MAC PDU and also transmits the pre-generated MAC PDU(s) containing the duplicate PDCP PDU(s) for the secondary LCH(s) which are available for transmission at the MAC entity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Loehr into Kim in order to perform PDU duplication and retransmission of multiple PDUs based on a received NACK, improving transmission reliability and spatial diversity (Loehr – Paragraphs [0005] and [0042]). Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Loehr as applied to claims 1 and 6 above, and further in view of Kim (US 2020/0137820 A1), hereinafter referred to as Kim(2). Regarding claim 5¸ the combination of Kim and Loehr does not teach the method further comprising: starting discard timers of the multiple data units upon receiving the multiple data units from an upper layer, wherein, based on a remaining time of at least one of the discard timers being lower than a threshold, the retransmission for the multiple data units is skipped. In an analogous art, Kim(2) teaches the method further comprising: starting discard timers of the multiple data units upon receiving the multiple data units from an upper layer (Kim(2) – Paragraph [0011], note a transmission stage PDCP layer apparatus may drive a PDCP discard timer for each datum whenever data is received from a higher layer apparatus), wherein, based on a remaining time of at least one of the discard timers being lower than a threshold, the retransmission for the multiple data units is skipped (Kim – Paragraph [0011], note when the PDCP discard timer expires, the PDCP layer apparatus discards data corresponding to the timer by considering that the data is no longer valid; Paragraph [0247], note in order to prevent transmission resource waste and unnecessary retransmission, if data (e.g., PDCP SDUs) to which a COUNT value has already been assigned is stored in a transmission PDCP layer apparatus (if data has not yet been discarded because a PDCP data discard timer has not expired), a terminal may consider only data whose successful delivery (RLC ACK) from a lower layer apparatus has not been confirmed, among the data (e.g., PDCP SDUs), to be data newly received from a higher layer). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Kim(2) into the combination of Kim and Loehr in order to prevent unnecessary retransmission using a valid period on PDCP SDUs/PDUs (Kim(2) – Paragraphs [0246]-[0247]). Regarding claim 10, the claim is interpreted and rejected for the same reason as claim 5 above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2019/0141571 A1) discloses PDCP re-establishment procedure. Kim (US 2019/0150217 A1) discloses PDCP data recovery procedure based on PDCP status report. Kim (US 2020/0053566 A1) discloses PDCP cumulative retransmission based on first data not being successfully delivered. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILOR C HSU whose telephone number is (571)272-1729. The examiner can normally be reached Mon-Fri. 9:00 am - 5:00 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, Huy Vu can be reached at (571)-272-3155. 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. /BAILOR C HSU/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Jan 26, 2024
Application Filed
Jan 10, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+5.1%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 308 resolved cases by this examiner. Grant probability derived from career allow rate.

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