Prosecution Insights
Last updated: July 17, 2026
Application No. 18/293,055

METHOD AND APPARATUS FOR BUFFER STATUS REPORTING

Final Rejection §102§103
Filed
Jan 29, 2024
Priority
Jul 28, 2021 — nonprovisional of PCTCN2021108938
Examiner
WEBB, MARGARET G
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Lenovo (United States) Inc.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
410 granted / 513 resolved
+17.9% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
31 currently pending
Career history
553
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
86.6%
+46.6% vs TC avg
§102
7.1%
-32.9% vs TC avg
§112
0.4%
-39.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 513 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statements filed 03/25/2026 has been fully considered by the examiner and made of record. Response to Amendment The amendment filed 04/22/2026 has been entered into record. Claims 1-20 remain pending in the application. Response to Arguments Applicant's arguments filed 04/22/2026 regarding the rejection of the claims under 35 U.S.C. 112 have been fully considered and are persuasive, the rejections have been withdrawn below. Applicant’s arguments filed 04/22/2026 regarding the rejection of the claims under 35 U.S.C. 102 and 103, particularly in view of Lee et al (US 2022/0287067) have been fully considered but they are not persuasive. Examiner acknowledges the agreement that the proposed amendments and remarks, that have now been entered, would overcome the standing rejection of the independent claims. Applicant argues, as agreed during the interview, Lee does not disclose selecting, based on a threshold, between a BSR MAC CE having a predetermined size and a BSR MAC CE having an LCG ID field region of variable size. After careful consideration of the claim amendments and the full disclosure of Lee, Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., selecting, based on a threshold, between a BSR MAC CE having a predetermined size and a BSR MAC CE having an LCG ID field region of variable size) are not recited in the rejected claims. The first BSR MAC CE and second BSR MAC CE are claimed in the alternative based on different triggering conditions, therefore only one needs to be invoked for the claim to be anticipated. The alternative embodiment not invoked does not need to be considered, or even met, by the cited art in order for the claim to be anticipated. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Lee teaches “[0240], extended BSR format consists of Buffer Size field, where Buffer Size field may be one byte per corresponding LCG. The extended BSR format consists of variable size of a LCG field., [0241], The size of a LCG field can be from 1 byte to X bytes, where the X bytes depends on the maximum value of LCG ID, which can be configured to the MAC entity by the network (through layer-2 (L2) or layer-3 (L3) signaling)“ and “[0245], the size of LCG field is one byte if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 0 and less than 8. Or, the size of LCG field is two bytes if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 8 and less than 16.” As taught in Lee, the LCG field region size is variable based on the maximum value of the LCG ID being greater than a threshold, as required by the first MAC BSR CE claimed. Although Lee does not disclose wherein the second BSR MAC CE has a predetermined size when the values of the LCG IDS are less than or equal to the first threshold, this embodiment has not been invoked. For these reasons, Lee continues to anticipate the amended limitations, as detailed below. Positive recitation of a selection between the two generation steps based on comparison of one or all values of the LCG IDs to the first threshold would require both conditions to be true even when only one is invoked, thereby overcoming the teachings of Lee and better capturing the scope of the invention as intended and argued. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3, 5-8, 10-11, 13-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) & 102(a)(2) as being anticipated by Lee et al (US 2022/0287067). Regarding Claim 1, Lee teaches a method performed by a user equipment (UE) ([0255], Fig. 13, UE/IAB node), the method comprising: receiving a radio resource control (RRC) message configuring one or more logical channels (LCHs) of the UE, wherein the RRC message comprises one or more logical channel group (LCG) IDs corresponding to the one or more LCHs ([0256], Referring to FIG. 13, a node (e.g., BS or IAB node) at a network side may transmit information on LCG ID configuration to a UE side (e.g. UE or another IAB node) at S101, [0261], A UE or IAB node is configured with at least one LCG, which is associated with an LCG ID by receiving a configuration of LCG via L2 or L3 signaling. The L2 or L3 signaling can be one of the MAC, RLC, PDCP, or RRC signaling); generating a second buffer status reporting (BSR) medium access control (MAC) control element (CE) in response to all values of the LCG IDs configured for the one or more LCHs in the RRC message being less than or equal to a first threshold, or generating a first BSR MAC CE in response to a value of an LCG ID configured for LCHs in the RRC message being greater than the first threshold ([0257-0258], The UE/IAB node at the UE side may determine the length for a LCG field to be included in a BSR MAC CE at S102, based on a maximum LCG ID value which is (actually) configured to the UE/IAB node at the UE side, The UE/IAB node at the UE side may generate a BSR MAC CE if there is a BSR to be transmitted at S103. In the invention, the UE/IAB node at the UE side generates the BSR MAC CE to include a LCG field having the length determined at S102, [0262], MAC entity determines the size of LCG field by checking the maximum value of the LCG ID among the LCG IDs of the LCG which are actually configured to the MAC entity, [0271], If the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 0 and less than 8, the MAC entity can choose one of legacy Long BSR format having one byte LCG field or eBSR format having one byte LCG field); wherein the first BSR MAC CE includes an LCG ID field region having a size that varies based on a number of the LCG IDs configured for the LCHs in the RRC message (“[0240], extended BSR format consists of Buffer Size field, where Buffer Size field may be one byte per corresponding LCG. The extended BSR format consists of variable size of a LCG field., [0241], The size of a LCG field can be from 1 byte to X bytes, where the X bytes depends on the maximum value of LCG ID, which can be configured to the MAC entity by the network (through layer-2 (L2) or layer-3 (L3) signaling)“ and “[0245], the size of LCG field is one byte if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 0 and less than 8. Or, the size of LCG field is two bytes if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 8 and less than 16.”); and transmitting the generated first BSR MAC CE or the generated second BSR MAC CE to a network node ([0259], The UE/IAB node at the UE side transmits the BSR MAC CE. The BSR MAC CE is included in a MAC PDU to be transmitted over a physical uplink channel (e.g. physical uplink shared channel (PUSCH) at S104, [0270], After generating the BSR MAC CE, the MAC entity transmits the generated BSR MAC CE. Then the MAC entity may receive an UL grant to transmit the UL data available for a logical channel in response to the transmitted BSR MAC CE, and transmits the UL data from the logical channel which has data available for transmission to the network using the received UL grant). Regarding Claim 2, Lee teaches the method of claim 1, wherein the second BSR MAC CE includes an LCG ID bitmap field, and a size of the LCG ID bitmap field is variable based on a number of LCG IDs configured for LCHs in the RRC message ([0248], An LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, [0238], for supporting LCG ID extension, it is suggested that an extended BSR (eBSR) should consist of variable size of a LCG field and corresponding Buffer Size field. A UE or IAB node (or a MAC entity at the UE/IAB node) determines the size of the LCG field based on the maximum LCG ID value among the LCG IDs of the LCG which are configured to the UE (or the MAC entity at the UE) by a network, [0269], While a BSR is pending, if the MAC entity generates a BSR MAC CE using the eBSR format, the MAC entity includes LCG field having the size). Regarding Claim 3, Lee teaches the method of claim 2, wherein the LCG ID bitmap field includes one or more indicators, and the one or more indicators are associated with the corresponding one or more LCG IDs configured for the one or more LCHs in the RRC message ([0248-0249], LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, For Long BSR, the MAC entity indicates the presence of the Buffer Size field corresponding to logical channel group i by LCGi of the LCG field. For Long Truncated BSR, the MAC entity indicates whether the logical channel group i has data available by LCGi of the LCG field). Regarding Claim 5, Lee teaches the method of claim 3, wherein each of the one or more indicators indicates a presence or absence of a buffer size field for the corresponding LCG ID in the second BSR MAC CE, and the buffer size field indicates: an amount of data available across all LCHs associated with the corresponding LCG ID, or an amount of data expected to arrive at all the LCHs associated with the corresponding LCG ID ([0248-0249], LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, For Long BSR, the MAC entity indicates the presence of the Buffer Size field corresponding to logical channel group i by LCGi of the LCG field. For Long Truncated BSR, the MAC entity indicates whether the logical channel group i has data available by LCGi of the LCG field, [0008], each bit of the LCG field indicates whether buffer size information of a corresponding LCG is present or not in the BSR). Regarding Claim 6, Lee teaches the method of claim 3, wherein each of the one or more indicators indicates whether an LCG having the corresponding LCG ID has data available or not ([0248-0249], LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, For Long BSR, the MAC entity indicates the presence of the Buffer Size field corresponding to logical channel group i by LCGi of the LCG field. For Long Truncated BSR, the MAC entity indicates whether the logical channel group i has data available by LCGi of the LCG field). Regarding Claim 7, Lee teaches the method of claim 1, wherein the second BSR MAC CE includes one or more LCG fields, and a number of the LCG fields is variable based on a number of LCG IDs configured for LCHs in the RRC message ([0231], If more than one LCG has data available for transmission when a MAC PDU containing a BSR is to be built, a MAC entity shall report Long BSR for all LCGs which have data available for transmission, but if only one LCG has data available for transmission, Short BSR shall be reported, [0268], When the BSR is triggered, the MAC entity according to an example of the present disclosure shall report Long BSR or eBSR for all LCGs which have data available for transmission). Regarding Claim 8, Lee teaches the method of claim 7, wherein the one or more fields are associated with the corresponding one or more LCG IDs configured for the one or more LCHs in the RRC message ([0272], L field which indicates the size of LCG field can be included into the BSR MAC CE, i.e., if the value of L field is 1, one byte of LCG field is used and if the value of L field is 2, two bytes of LCG field is used. The value of the L field and the size of LCG field are determined by the maximum value of the LCG ID among the LCG IDs of the LCG which are actually configured to the MAC entity). Regarding Claim 10, Lee teaches the method of claim 8, wherein each of the one or more LCG fields indicates a presence or absence of a buffer size field for the corresponding LCG ID in the second BSR MAC CE, and the buffer size field indicates: an amount of data available across all LCHs associated with the corresponding LCG ID, or an amount of data expected to arrive at all the LCHs associated with the corresponding LCG ID ([0248-0249], LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, For Long BSR, the MAC entity indicates the presence of the Buffer Size field corresponding to logical channel group i by LCGi of the LCG field. For Long Truncated BSR, the MAC entity indicates whether the logical channel group i has data available by LCGi of the LCG field, [0008], each bit of the LCG field indicates whether buffer size information of a corresponding LCG is present or not in the BSR). Regarding Claim 11, Lee teaches the method of claim 8, wherein each of the one or more LCG fields indicates whether an LCG having the corresponding LCG ID has data available or not ([0248-0249], LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, For Long BSR, the MAC entity indicates the presence of the Buffer Size field corresponding to logical channel group i by LCGi of the LCG field. For Long Truncated BSR, the MAC entity indicates whether the logical channel group i has data available by LCGi of the LCG field). Regarding Claim 13, Lee teaches the method of claim 1, wherein generating the second BSR MAC CE comprises generating the second BSR MAC CE in response to: a number of LCG IDs configured for LCHs in the RRC message being greater than a first threshold for LCG number; a value of an LCG ID configured for LCHs in the RRC message being greater than a second threshold for LCG ID; or an information element of logicalChannelGroup configured for an LCH in the RRC message having a maximum value greater than the second threshold for LCG ID ([0257-0258], The UE/IAB node at the UE side may determine the length for a LCG field to be included in a BSR MAC CE at S102, based on a maximum LCG ID value which is (actually) configured to the UE/IAB node at the UE side, The UE/IAB node at the UE side may generate a BSR MAC CE if there is a BSR to be transmitted at S103. In the invention, the UE/IAB node at the UE side generates the BSR MAC CE to include a LCG field having the length determined at S102, [0262], MAC entity determines the size of LCG field by checking the maximum value of the LCG ID among the LCG IDs of the LCG which are actually configured to the MAC entity, [0271], If the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 0 and less than 8, the MAC entity can choose one of legacy Long BSR format having one byte LCG field or eBSR format having one byte LCG field). Regarding Claim 14, Lee teaches a user equipment ([0255], Fig. 13, UE/IAB node), comprising: at least one memory; and at least one processor coupled with the at least one memory ([0087-0092], Fig. 2) and configured to cause the UE to: receive a radio resource control (RRC) message configuring one or more logical channels (LCHs) of the UE, wherein the RRC message comprises one or more logical channel group (LCG) IDs corresponding to the one or more LCHs ([0256], Referring to FIG. 13, a node (e.g., BS or IAB node) at a network side may transmit information on LCG ID configuration to a UE side (e.g. UE or another IAB node) at S101, [0261], A UE or IAB node is configured with at least one LCG, which is associated with an LCG ID by receiving a configuration of LCG via L2 or L3 signaling. The L2 or L3 signaling can be one of the MAC, RLC, PDCP, or RRC signaling); generate a second buffer status reporting (BSR) medium access control (MAC) control element (CE) in response to all values of the LCG IDs configured for the LCHs in the RRC message being less than or equal to a first threshold, or generating a first BSR MAC CE in response to a value of an LCG ID configured for the one or more LCHs in the RRC message being greater than the first threshold ([0257-0258], The UE/IAB node at the UE side may determine the length for a LCG field to be included in a BSR MAC CE at S102, based on a maximum LCG ID value which is (actually) configured to the UE/IAB node at the UE side, The UE/IAB node at the UE side may generate a BSR MAC CE if there is a BSR to be transmitted at S103. In the invention, the UE/IAB node at the UE side generates the BSR MAC CE to include a LCG field having the length determined at S102, [0262], MAC entity determines the size of LCG field by checking the maximum value of the LCG ID among the LCG IDs of the LCG which are actually configured to the MAC entity, [0271], If the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 0 and less than 8, the MAC entity can choose one of legacy Long BSR format having one byte LCG field or eBSR format having one byte LCG field); and transmit the first BSR MAC CE to a network node ([0259], The UE/IAB node at the UE side transmits the BSR MAC CE. The BSR MAC CE is included in a MAC PDU to be transmitted over a physical uplink channel (e.g. physical uplink shared channel (PUSCH) at S104, [0270], After generating the BSR MAC CE, the MAC entity transmits the generated BSR MAC CE. Then the MAC entity may receive an UL grant to transmit the UL data available for a logical channel in response to the transmitted BSR MAC CE, and transmits the UL data from the logical channel which has data available for transmission to the network using the received UL grant). Regarding Claim 15, Lee teaches a method performed by a base station ([0255], Fig. 13, UE/IAB node), comprising: transmitting a radio resource control (RRC) message configuring one or more logical channels (LCHs) of a user equipment (UE), wherein the RRC message comprises one or more logical channel group (LCG) IDs corresponding to the one or more LCHs ([0256], Referring to FIG. 13, a node (e.g., BS or IAB node) at a network side may transmit information on LCG ID configuration to a UE side (e.g. UE or another IAB node) at S101, [0261], A UE or IAB node is configured with at least one LCG, which is associated with an LCG ID by receiving a configuration of LCG via L2 or L3 signaling. The L2 or L3 signaling can be one of the MAC, RLC, PDCP, or RRC signaling); receiving a buffer status reporting (BSR) medium access contro, (MAC) control element (CE) from the UE ([0259], The UE/IAB node at the UE side transmits the BSR MAC CE. The BSR MAC CE is included in a MAC PDU to be transmitted over a physical uplink channel (e.g. physical uplink shared channel (PUSCH) at S104, [0270], After generating the BSR MAC CE, the MAC entity transmits the generated BSR MAC CE. Then the MAC entity may receive an UL grant to transmit the UL data available for a logical channel in response to the transmitted BSR MAC CE, and transmits the UL data from the logical channel which has data available for transmission to the network using the received UL grant), wherein the BSR MAC CE is a first BSR MAC CE that includes an LCG ID field region having a size that varies based on a number of the LCG IDs configured for the one or more LCHs in the RRC message when a value of an LCG ID configured for the one or more LCHs in the RRC message is greater than a first threshold, or the BSR MAC CE is a second BSR MAC CE that has a predetermined size when all values of the LCG IDs configured for the one or more LCHs in the RRC message are less than or equal to the first threshold (“[0240], extended BSR format consists of Buffer Size field, where Buffer Size field may be one byte per corresponding LCG. The extended BSR format consists of variable size of a LCG field., [0241], The size of a LCG field can be from 1 byte to X bytes, where the X bytes depends on the maximum value of LCG ID, which can be configured to the MAC entity by the network (through layer-2 (L2) or layer-3 (L3) signaling)“ and “[0245], the size of LCG field is one byte if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 0 and less than 8. Or, the size of LCG field is two bytes if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 8 and less than 16.”). Regarding Claim 16, Lee teaches the UE of claim 14, wherein the second BSR MAC CE includes an LCG ID bitmap field, and a size of the LCG ID bitmap field is variable based on a number of LCG IDs configured for LCHs in the RRC message ([0248], An LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, [0238], for supporting LCG ID extension, it is suggested that an extended BSR (eBSR) should consist of variable size of a LCG field and corresponding Buffer Size field. A UE or IAB node (or a MAC entity at the UE/IAB node) determines the size of the LCG field based on the maximum LCG ID value among the LCG IDs of the LCG which are configured to the UE (or the MAC entity at the UE) by a network, [0269], While a BSR is pending, if the MAC entity generates a BSR MAC CE using the eBSR format, the MAC entity includes LCG field having the size). Regarding Claim 17, Lee teaches the UE of claim 16, wherein the LCG ID bitmap field includes one or more indicators, and the one or more indicators are associated with the corresponding one or more LCG IDs configured for the one or more LCHs in the RRC message ([0248-0249], LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, For Long BSR, the MAC entity indicates the presence of the Buffer Size field corresponding to logical channel group i by LCGi of the LCG field. For Long Truncated BSR, the MAC entity indicates whether the logical channel group i has data available by LCGi of the LCG field). Regarding Claim 19, Lee teaches the UE of claim 17, wherein each of the one or more indicators indicates a presence or absence of a buffer size field for the corresponding LCG ID in the second BSR MAC CE, and the buffer size field indicates: an amount of data available across all LCHs associated with the corresponding LCG ID, or an amount of data expected to arrive at all the LCHs associated with the corresponding LCG ID ([0248-0249], LCG field contains a bitmap and each bit in the bitmap is associated with LCGi, For Long BSR, the MAC entity indicates the presence of the Buffer Size field corresponding to logical channel group i by LCGi of the LCG field. For Long Truncated BSR, the MAC entity indicates whether the logical channel group i has data available by LCGi of the LCG field, [0008], each bit of the LCG field indicates whether buffer size information of a corresponding LCG is present or not in the BSR). Regarding Claim 20, Lee teaches a base station ([0255], Fig. 13, gNB/IAB node), comprising: at least one memory; and at least one processor coupled with the at least one memory ([0087-0092], Fig. 2) and configured to cause the base station to: transmit a radio resource control (RRC) message configuring one or more logical channels (LCHs) of a user equipment (UE), wherein the RRC message comprises one or more logical channel group (LCG) IDs corresponding to the one or more LCHs ([0256], Referring to FIG. 13, a node (e.g., BS or IAB node) at a network side may transmit information on LCG ID configuration to a UE side (e.g. UE or another IAB node) at S101, [0261], A UE or IAB node is configured with at least one LCG, which is associated with an LCG ID by receiving a configuration of LCG via L2 or L3 signaling. The L2 or L3 signaling can be one of the MAC, RLC, PDCP, or RRC signaling); and receive a buffer status reporting (BSR) medium access control (MAC) control element (CE) from the UE ([0259], The UE/IAB node at the UE side transmits the BSR MAC CE. The BSR MAC CE is included in a MAC PDU to be transmitted over a physical uplink channel (e.g. physical uplink shared channel (PUSCH) at S104, [0270], After generating the BSR MAC CE, the MAC entity transmits the generated BSR MAC CE. Then the MAC entity may receive an UL grant to transmit the UL data available for a logical channel in response to the transmitted BSR MAC CE, and transmits the UL data from the logical channel which has data available for transmission to the network using the received UL grant), wherein the BSR MAC CE is a first BSR MAC CE that includes an LCG ID field region having a size that varies based on a number of the LCG IDs configured for the one or more LCHs in the RRC message when a value of an LCG ID configured for the one or more LCHs in the RRC message is greater than a first threshold, or the BSR MAC CE is a second BSR MAC CE that has a predetermined size when all values of the LCG IDs configured for the one or more LCHs in the RRC message are less than or equal to the first threshold (“[0240], extended BSR format consists of Buffer Size field, where Buffer Size field may be one byte per corresponding LCG. The extended BSR format consists of variable size of a LCG field., [0241], The size of a LCG field can be from 1 byte to X bytes, where the X bytes depends on the maximum value of LCG ID, which can be configured to the MAC entity by the network (through layer-2 (L2) or layer-3 (L3) signaling)“ and “[0245], the size of LCG field is one byte if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 0 and less than 8. Or, the size of LCG field is two bytes if the maximum value of the LCG ID among the LCG IDs of the LCGs, which are actually configured to the MAC entity, is equal to or larger than 8 and less than 16.”). 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. Claims 4, 9, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2022/0287067), in view of Wu et al (US 2020/0344640). Regarding Claims 4, 9, and 18, Lee teaches all aspects of the invention according to Claims 3, 8, and 17 above, except the following, which in the same field of endeavor, Wu teaches wherein the one or more indicators are arranged according to an ascending order or a descending order of values of the one or more LCG IDs configured for the corresponding one or more LCHs in the RRC message ([0126], a priority of LCGs to report is determined by selecting a first X LCG IDs in ascending/descending order having data in the bitmap are selected to be reported). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate indicating the LCG IDs in order based on determined priority, as taught in Wu, in the system of Lee, in order to make optimal use of available network resources while meeting quality and transmission requirements. Regarding Claim 12, Lee teaches all aspects of the invention according to Claim 7 above, except the following, which in the same field of endeavor, Wu teaches wherein the second BSR MAC CE further includes at least one reserved bit such that a combination of an LCG ID bitmap field and the at least one reserved bit or a combination of the one or more LCG fields and the at least one reserved bit is byte aligned ([0106], With respect to FIG. 5 an example flexible long BSR format is shown such as agreed in RAN2#99bis. The flexible long BSR 501 comprises a number of bytes. The first byte (Oct1) comprises two reserved bits 503 and 505 and the LCID value 507 identifying the BSR as being a flexible long BSR format message. The second byte (Oct2) comprises a bitmap (series of LCG ID bits 509.sub.0 to 509.sub.7) identifying which of the LCG 0 to 7 buffer status values are reported). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate indicating the LCG IDs in order based on determined priority, as taught in Wu, in the system of Lee, in order to make optimal use of available network resources while meeting quality and transmission requirements. Conclusion 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 MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 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, Charles Appiah can be reached at (571) 272-7904. 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. /MARGARET G WEBB/ Primary Examiner, Art Unit 2641
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Prosecution Timeline

Show 1 earlier event
Jan 29, 2024
Response after Non-Final Action
Aug 01, 2024
Response after Non-Final Action
Aug 19, 2024
Response after Non-Final Action
Jan 22, 2026
Non-Final Rejection mailed — §102, §103
Apr 17, 2026
Applicant Interview (Telephonic)
Apr 18, 2026
Examiner Interview Summary
Apr 22, 2026
Response Filed
Jul 01, 2026
Final Rejection mailed — §102, §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

3-4
Expected OA Rounds
80%
Grant Probability
88%
With Interview (+8.2%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 513 resolved cases by this examiner. Grant probability derived from career allowance rate.

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