Prosecution Insights
Last updated: April 19, 2026
Application No. 18/327,820

USER PLANE PROGRAMMABLE LAYER FOR RADIO COMMUNICATIONS

Non-Final OA §103§112
Filed
Jun 01, 2023
Examiner
SAMS, MATTHEW C
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
79%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
500 granted / 747 resolved
+4.9% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
38 currently pending
Career history
785
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 747 resolved cases

Office Action

§103 §112
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 statement filed on 10/22/2024 has been considered. Drawings The drawings filed on 6/1/2023 are accepted. Election/Restrictions Applicant’s election without traverse of Group I in the reply filed on 3/12/2026 is acknowledged. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claims 7-11 and 42-46 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim s 7 and 42 state “the first message comprises a main header and a first service header”. Claim s 6 and 41 state the first message comprises “a first header” and that the “second header” is “based at least in part on the first header”. It is unclear to the Examiner when the “first message” comprises a “ main header and a first service header” , which header qualifies as the “first header” which then at least in part, determines the “second header” , as neither the “main header” or the “first service header” are referred to as the “first header” . Claims 8-11 and 43-46 fail to correct the deficiency of claim s 7 and 42, respectively and are therefore rejected for incorporate and failing to correct the deficiencies of claim s 7 and 42 . 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, 5, 36 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (WO-2021/155942 A1 hereinafter, Chiba) in view of Yu et al. (US-2019/0075552 hereinafter, Yu) . Regarding claim 1, Chiba teaches a network entity (Page 19 [00139] “ gNB -DU” and Fig. 5 [504a]), comprising: one or more processors; (Page 30 [00203] and Fig. 5 [504a]) and one or more memories (Page 30 [00203] and Fig. 5 [504a]) coupled with the one or more processors and storing processor-executable code that, when executed by the one or more processors, is configured to cause the network entity to: transmit, from the network entity (Page 28 [00192] “distributed unit”) to a logical unit (Page 28 [00192] “user plane function”) , a capability message that indicates that the network entity supports instructions for a service associated with a radio layer for wireless communication with one or more user equipments (UEs); (Page 28 [00192] “ the user plane function may receive information from a distributed unit over an F1 interface regarding what slices each cell supports, and may receive information from a user plane function regarding what cells and what slices are supported by that user plane function. ”) establish, with the logical unit, a data session associated with a UE of the one or more UEs based at least in part on the one more processors being configured to transmit the capability message . (Page 26 [0182] note: the gNB -CU and gNB -DU can be co-located, see [00183] ) Chiba differs from the claimed invention by not explicitly reciting receive, from the logical unit, an instruction to perform a radio function associated with the service with the UE based at least in part on the data session; and execute the instruction to perform the radio function at the radio layer. In an analogous art, Yu discloses a method and apparatus for enabling network slicing in a network with CP/UP separation (Abstract) that includes: receive, from the logical unit, an instruction to perform a radio function associated with the service with the UE based at least in part on the data session; (Page 23 Claim 7) and execute the instruction to perform the radio function at the radio layer. (Page 24 Claims 8-11 and Page 21 [0205] “t he resource allocation message including resource allocation information for configuring the network slice at the selected DU entity ” ) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to be motivated to implement the invention of Chiba after modifying it to incorporate the ability to provide and execute the appropriate configurations of resources at a DU for supporting a network slice of Yu since it enables preparing the DU to meet the QoS requirements to provide transmissions of a specific network slice. Regarding claim 5, Chiba in view of Yu teaches wherein the logical unit comprises a second network entity. (Chiba Page 28 [00192] “user plane function”) Regarding claims 36 and 40, the limitations of claims 36 and 40 are rejected as being the same reasons set forth above in claims 1 and 5. Claim s 4 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (WO-2021/155942 A1 hereinafter, Chiba) in view of Yu et al. (US-2019/0075552 hereinafter, Yu) as applied to claim 1 above, and further in view of Huang et al. (US-11,595,875 hereinafter, Huang) . Regarding claim 4, Chiba in view of Yu teaches the limitations of claim 1 above including establish, with the UE, a data radio bearer based at least in part on the data session; ( Chiba Page 26 [0182] note: the gNB -CU and gNB -DU can be co-located, see [00183]) , but differs from the claimed invention by not explicitly reciting receive a first message comprising the instruction and a packet, wherein the instruction is executed based at least in part on the first message; and transmit a second message comprises the packet based at least in part on the one or more processors being configured to establish the data radio bearer with the UE and the instruction, wherein the instruction is executed before the second message is transmitted. In an analogous art, Huang teaches a method for performing relay forwarding on integrated access and backhaul links (Abstract) that includes: receive a first message comprising the instruction and a packet (Col. 23 lines 53-56 “data packet header”), wherein the instruction is executed based at least in part on the first message; (Col. 24 lines 4-9 i.e. architecture recognizes the header information and maps the packet appropriately and sending the packet to the destination target node via the appropriate flow Col. 23 lines 53-58) and transmit a second message comprises the packet based at least in part on the one or more processors being configured to establish the data radio bearer with the UE and the instruction, wherein the instruction is executed before the second message is transmitted. ( Col. 23 lines 53-57 i.e. QFI indicates what RLC is required ) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to be motivated to implement the invention of Chiba in view of Yu after modifying it to incorporate the ability to perform relay forwarding and encapsulating headers to meet required QOS of Huang since it enables meeting QOS for the service/packets when the data has to be transmitted through multi-hop relays from the access point to the core network. (Huang Col. 4 lines 19-29 and Col. 15 lines 26-35) Regarding claim 39, the limitations of claim 39 are rejected as being the same reasons set forth above in claim 4. Claim s 6, 12-18, 41 and 47-49 are rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (WO-2021/155942 A1 hereinafter, Chiba) in view of Huang et al. (US-11,595,875 hereinafter, Huang) . Regarding claim 6, Chiba teaches a network entity (Page 19 [00139] “ gNB -DU” and Fig. 5 [504a]), comprising: one or more processors; (Page 30 [00203] and Fig. 5 [504a]) and one or more memories (Page 30 [00203] and Fig. 5 [504a]) coupled with the one or more processors and storing processor-executable code that, when executed by the one or more processors, is configured to cause the network entity to: transmit, to a logical unit (Page 28 [00192] “user plane function”), a capability message that indicates a service that the network entity; (Page 28 [00192] “ the user plane function may receive information from a distributed unit over an F1 interface regarding what slices each cell supports, and may receive information from a user plane function regarding what cells and what slices are supported by that user plane function. ”) establish, with the logical unit, a data session associated with a UE of the one or more UEs based at least in part on the one more processors being configured to transmit the capability message ; (Page 26 [0182] note: the gNB -CU and gNB -DU can be co-located, see [00183]) establish, with the UE, a data radio bearer associated with the flow based at least in part on the data session . (Chiba Page 26 [00182] “ the selection may be made to select a user plane control function for establishing or de-establishing a bearer between the user plane function and a terminal involved in said connection event ”) Chiba differs from the claimed invention by not explicitly reciting receive, from the logical unit, a first message associated with the flow comprising a first header associated with a first layer based at least in part on the data session with the logical unit ; generate a radio link control service data unit that comprises a second header associated with the first layer based at least in part on the first header and one or more radio functions of the network entity ; and transmit, via the data radio bearer, a second message comprising the radio link control service data unit . In an analogous art, Huang teaches a method for performing relay forwarding on integrated access and backhaul links (Abstract) that includes: receive, from the logical unit, a first message associated with the flow comprising a first header associated with a first layer based at least in part on the data session with the logical unit; (Col. 23 lines 38-42 “ Then the SDAP layer of the donor CU finds an NG GTP-U tunnel corresponding to a PDU session according to a RB ID to which the data packet belongs and a flow ID of the UE in the SDAP packet header, and transmits the UE data to the UPF through the NG GTP tunnel ”) generate a radio link control service data unit that comprises a second header associated with the first layer based at least in part on the first header and one or more radio functions of the network entity; (Col. 24 lines 25-34 i.e. information taken from the IP packet header to create the adaptor layer header ) and transmit, via the data radio bearer, a second message comprising the radio link control service data unit. (Col. 25 lines 4-12) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to be motivated to implement the invention of Chiba after modifying it to incorporate the ability to perform relay forwarding and encapsulating headers to meet required QOS of Huang since it enables meeting QOS for the service/packets when the data has to be transmitted through multi-hop relays from the access point to the core network. (Huang Col. 4 lines 19-29 and Col. 15 lines 26-35) Regarding claim 12, Chiba in view of Huang teaches wherein the first header comprises an indication that the first message is to be processed by the network entity prior to generation of the radio link control service data unit (Huang Col. 23 lines 53-57 i.e. QFI indicates what RLC is required ), and the second header is based at least in part on the indication that the first message is to be processed by the network entity. ( Huang Col. 24 lines 4-12 ) Regarding claim 13, Chiba in view of Huang teaches wherein the first header comprises an identifier of the network entity, an instruction, a measurement, information about the data session, or of any combination thereof. (Huang Col. 24 lines 30-34) Regarding claim 14, Chiba in view of Huang teaches wherein the local unit comprises a second network entity, a User Plane Function, or both. ( Chiba (Page 28 [00192] “user plane function” ) Regarding claim 15, Chiba teaches a logical unit (Page 28 [00192] “user plane function”), comprising: one or more processor; (Page 36 Claim 20 “at least one processor”) and one or more memories coupled with the one or more processor and storing processor-executable code that, when executed by the one or more processor (Page 36 Claim 20 “at least one memory comprises computer code…”), is configured to cause the network entity to: receive a capability message indicating that a network entity supports instruction for a service associated with a radio layer for wireless communication with a user equipment (UE); (Page 28 [00192] “ the user plane function may receive information from a distributed unit over an F1 interface regarding what slices each cell supports, and may receive information from a user plane function regarding what cells and what slices are supported by that user plane function. ”) establish a data session associated with a flow between the logical unit and the UE based at least in part on the capability message. (Page 26 [0182] note: the gNB -CU and gNB -DU can be co-located, see [00183]) Chiba differs from the claimed invention by not explicitly reciting transmit a first message associated with the flow and comprising a main header, a service header associated with a first layer, an indication that the service header is to be processed by the network entity, and an instruction to perform a radio function associated with the service with the UE; and receive a second message associated with the flow and comprising the main header based at least in part on the first message. In an analogous art, Huang teaches a method for performing relay forwarding on integrated access and backhaul links (Abstract) that includes: a logical unit (Col. 23 line 53 “UPF”) that transmit s a first message associated with the flow and comprising a main header (Col. 23 lines 53-56 “data packet header”) , a service header associated with a first layer (Col. 24 lines 4-6 “PDCP PDU”) , an indication that the service header is to be processed by the network entity ( Col. 24 lines 4-9 i.e. architecture recognizes the header information and maps the packet appropriately ) , and an instruction to perform a radio function associated with the service with the UE; ( i.e. the destination target node via the appropriate flow Col. 23 lines 53-58) and receive a second message associated with the flow and comprising the main header based at least in part on the first message. (Col. 25 lines 30-57 “ a fter the corresponding PDCP processing, the IAB node1 adds the adaptor layer header, and the added adaptor layer header includes target node identifier information and/or routing path information ”) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to be motivated to implement the invention of Chiba after modifying it to incorporate the ability to perform relay forwarding and encapsulating headers to meet required QOS of Huang since it enables meeting QOS for the service/packets when the data has to be transmitted through multi-hop relays from the access point to the core network. (Huang Col. 4 lines 19-29 and Col. 15 lines 26-35) Regarding claim 1 6 , Chiba in view of Huang teaches wherein the indication that the service header is to be processed by the network entity comprises an indication to perform the processing prior to generation of the radio link control layer (Huang Col. 23 lines 53-57 i.e. QFI indicates what RLC is required) , an indication to insert the service header into the first message, or both. Regarding claim 1 7 , Chiba in view of Huang teaches wherein the service header comprises an identifier of the network entity, a second instruction, a measurement, or of any combination thereof. (Huang Col. 24 lines 9-12 ) Regarding claim 18, Chiba in view of Huang teaches wherein the local unit comprises a second network entity, a User Plane Function, or both. (Chiba (Page 28 [00192] “user plane function”) Regarding claim 41, the limitations of claim 41 are rejected as being the same reasons set forth above in claim 6. Regarding claim s 47-49, the limitations of claims 47-49 are rejected as being the same reasons set forth above in claims 12-14 Allowable Subject Matter Claims 2, 3, 37 and 38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The Examiner was unable to find the specific combination of steps performed by a network entity as found in claims 1+2 or 36+37. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO2023/220147A1 to Bangolae et al. which discloses how a UE can be configured to exchange control plane configuration information directly with a DU in order to be able to communication via multiple user plane network entities. ([00256]) US-2024/0163692 to Yuan et al. which discloses the ability for a UE to receive protocol function configuration information updates for a first service US-2021/0185589 to Telang et al. which discloses an adaptive PLMN for varying network conditions that includes the ability to use SDAP for QOS flow in a 5G network. ([0061]) US-2023/0319674 to Chen which discloses uplink routing with the ability to send user data to the local application server via a UPF located at a DU. ([0016]) Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MATTHEW C SAMS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8099 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8:30-5 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, FILLIN "SPE Name?" \* MERGEFORMAT Matthew Anderson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-4177 . 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. /Matthew C Sams/ Primary Examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Jun 01, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection — §103, §112 (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
67%
Grant Probability
79%
With Interview (+11.9%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 747 resolved cases by this examiner. Grant probability derived from career allow rate.

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