DETAILED ACTION
The following is non-final office action in response to applicant’s remarks/amendment filed on 03/06/2026 for response of the office action mailed on 01/07/2026. Independent claims 1, 6, 11 and 16 are amended. No claims are added or cancelled. Therefore, claims 1-20 are pending and addressed below.
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 (IDS) submitted on 03/16/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e}, was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/06/2026 has been entered.
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.
In 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 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (2022/0225472), Kim hereinafter, in view of Laselva et al. (2024/0015605), Laselva hereinafter, further in view of Kim et al. (2023/0328811), Kim811 hereinafter.
Re. claims 1 and 11, Kim teaches a wireless communication method (Fig. 28-30) for use in a second wireless network node (Fig. 29, CU-CP/New Base Station/Fig. 15), and a second wireless network node (Fig. 29, CU-CP/New Base Station/Fig. 15), comprising: at least one processor (Fig. 15, 1508), and a memory (Fig. 15, 1514), which is configured to store at least one program; wherein the at least one program, when executed by the at least one processor, enables the at least one processor (Fig.15, ¶0212-¶213) to: transmit, to a third wireless network node, a first indicator associated with buffering uplink (UL) data of a small data transmission (Fig. 28-30 & ¶0345 - Based on receiving the first F1 message, the new base station central unit control plane may send a retrieve UE context request message (first indicator) to an old base station central unit control plane where the retrieve UE context message (first indicator) may comprise assistance information of the SDT. Based on the retrieve UE context message, the old base station central unit control plane may determine to keep contexts of the wireless device. Fig. 28-30 & ¶0354 - Based on receiving the message, the new base station may send a retrieve UE context request message (first indicator) comprising assistance information of the SDT. Based on the retrieve UE context request message (first indicator), the old base station may determine to keep contexts of the wireless device (UE context of the wireless device) in the old base station), receive, from a first wireless network node, a radio resource control resume message of a wireless terminal (Fig. 28-30 & ¶0345 - Based on receiving the message, the new base station distributed unit may send a first F1 message to a new base station central unit control plane via the F1-C where the first F1 message may comprise at least one of: the RRC resume request message; the assistance parameters of the SDT; and/or the BSR), and , wherein the second indicator is associated with transmitting the buffered UL data to a user plane function (Fig. 28-30 & ¶0354 - In response to the BSR, the new base station may send uplink grant for the 2nd uplink data. For example, in response to the BSR, the new base station may send uplink grant for the 2nd uplink data based on at least one of: the Xn DL message and the BSR. Based on the BSR, the new base station may know that the wireless device has the 2nd uplink data to transmit. Based on the Xn DL message, the new base station may identify that the old base station determines to keep the contexts of the wireless device. Based on the identifying, the new base station may determine to continue small data transmission with the wireless device without the contexts of the wireless device. ….. Based on the uplink grant, the wireless device may send the 2nd uplink data to the new base station. The new base station may receive the 2nd uplink data from the wireless device. The old base station may send the 2nd uplink data to the core network entity (see UPF in Fig. 30, where, 2nd uplink data is received).
Yet, Kim does not expressly teach determine whether to transmit a second indicator to the third wireless network node based on a result of authenticating the wireless terminal based on the radio resource control resume message,
However, in the analogous art, Laselva explicitly discloses determine whether to transmit a second indicator to the third wireless network node based on a result of authenticating the wireless terminal based on the radio resource control resume message (Fig. 14 & ¶0120 - Element e34 symbolizes an indication of subsequent SDT transmission, which may also include the second buffer status report, e.g. including an Inactive Radio network temporary identifier (I-RNTI) and/or a Cell Radio Network Temporary Identifier (C-RNTI). Element e35 symbolizes the control plane of the central unit 12-CU of the target node 12 determining a need to move the terminal device 16 to an RRC_CONNECTED mode, e.g. based on the second buffer status report, and triggering a forced UE context retrieval. Element e36 symbolizes an inactive UL data transfer message including the UL data and the first information I-1, the first information I-1 exemplarily this time indicating that a context relocation is required. Similar to element e10 of FIG. 13, … FIG. 14 symbolizes the control plane 14-CU-CP of the central unit of the anchor node 14 checking an authentication of the terminal device 16 and a transmission of the context of the terminal device 16 based on the received first information I-1 e36. Element e38 symbolizes RETRIEVE UE CONTEXT RESPONSE message. Element e39 symbolizes an RRC Resume message,).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Kim’s invention of receiving/sending release message during small data transmission (SDT) in a wireless communication system to include Laselva’s invention of context relocation of a context of a terminal device in a 5G/NR (New Radio) wireless communication system, because it provides an efficient mechanism in performing small data transmission procedure during handover for machine-to-machine (M2M)-type communications in the a 5G/NR (New Radio) wireless communication system. (¶0002-¶0006, Laselva)
Yet, Kim and Laselva do not expressly teach wherein the first indicator is configured per wireless terminal, per dedicated radio bearer, per protocol data unit session or per quality of service flow to control whether to buffer the UL data,
However, in the analogous art, Kim811 explicitly discloses wherein the first indicator is configured per wireless terminal, per dedicated radio bearer, per protocol data unit session or per quality of service flow to control whether to buffer the UL data (Fig. 22 & ¶0309 - The retrieve UE context request message (i.e., first indicator) may comprise the UE identity and the MAC-I. Based on the retrieve UE context request message (i.e., first indicator), the old base station may be able to identify the contexts of the wireless device and verify the wireless device. Based on the identifying and the verifying, the old base station may send to a new base station a retrieve UE context response message comprising contexts of the UE (UE context (information)). The contexts may comprise requested PDU session list to be setup where each PDU session element of the request PDU session list comprises QoS flow identifiers (or DRB IDs) and QoS parameters per QoS flow (a DRB). Fig. 24 & ¶0329 - Based on the retrieve context request message (i.e., first indicator), the second base station may determine to keep anchor of the wireless device (to keep contexts of the wireless device (UE context)). Based on the determining, the second base station may send to the first base station a response message indicating the determining. The response message may comprise logical channel mapping information. The logical channel mapping information may comprise: QoS flow identifiers (or a DRB ID) of PDU sessions in the contexts; and logical channel identities (LCIDs) associated with the QoS flow identifiers. Based on the logical channel mapping information, the new base station may send a data forwarding request indicating QoS flow identifiers (or the DRB ID) of a logical channel of the first uplink data of the wireless device. Based on the data forwarding request, the anchor base station may send forwarding information for the first uplink data. The forwarding information may comprise the QoS flow identifiers (or the DRB ID) and a data forwarding address for the QoS flow identifiers (or the DRB ID)).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Kim’s invention of receiving/sending release message during small data transmission (SDT) in a wireless communication system and Laselva’s invention of context relocation of a context of a terminal device in a 5G/NR (New Radio) wireless communication system to include Kim811’s invention of uplink data of Small Data Transmission (SDT) Procedure in a wireless communication system, because it provides an efficient mechanism in relocating a wireless device to a new base station due to varying RF condition with decreased signaling overheads along with no delays for transmission/reception of small data associated with the SDT procedure performed in the wireless communication system. (¶0314, Kim811)
Re. Claims 2 and 12, Kim, Laselva and Kim811 teach claims 1 and 11.
Kim further teaches wherein the first indicator indicates whether to buffer the UL data (Fig. 28-30 & ¶0354 - Based on the retrieve UE context message (first indicator), the old base station central unit control plane may determine to keep contexts of the wireless device).
Re. Claims 3 and 13, Kim, Laselva and Kim811 teach claims 1 and 11.
Yet, Kim does not expressly teach wherein determining whether to the second indicator to the third wireless network node based on the result of authenticating the wireless terminal based on the radio resource control resume message comprises: transmitting, to the third wireless network node, the second indicator when successfully authenticating the wireless terminal, or not transmitting, to the third wireless network node, the second indicator when unsuccessfully authenticating the wireless terminal.
However, in the analogous art, Laselva explicitly discloses wherein determining whether to the second indicator to the third wireless network node based on the result of authenticating the wireless terminal based on the radio resource control resume message comprises: transmitting, to the third wireless network node, the second indicator when successfully authenticating the wireless terminal (Fig. 14 & ¶0120 - Element e34 symbolizes an indication of subsequent SDT transmission, which may also include the second buffer status report, e.g. including an Inactive Radio network temporary identifier (I-RNTI) and/or a Cell Radio Network Temporary Identifier (C-RNTI). Element e35 symbolizes the control plane of the central unit 12-CU of the target node 12 determining a need to move the terminal device pretesUE context retrieval. Element e36 symbolizes an inactive UL data transfer message including the UL data and the first information I-1, the first information I-1 exemplarily this time indicating that a context relocation is required. …. element e37 of FIG. 14 symbolizes the control plane 14-CU-CP of the central unit of the anchor node 14 checking an authentication of the terminal device 16 and a transmission of the context of the terminal device 16 based on the received first information I-1 e36. Element e38 symbolizes RETRIEVE UE CONTEXT RESPONSE message. Element e39 symbolizes an RRC Resume message.. Also, examiner interprets that only one of the claimed features to be mapped because of the presence of “Or” in the limitation), or not transmitting, to the third wireless network node, the second indicator when unsuccessfully authenticating the wireless terminal.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Kim’s invention of receiving/sending release message during small data transmission (SDT) in a wireless communication system and Kim811’s invention of uplink data of Small Data Transmission (SDT) Procedure in a wireless communication system to include Laselva’s invention of context relocation of a context of a terminal device in a 5G/NR (New Radio) wireless communication system, because it provides an efficient mechanism in performing small data transmission procedure during handover for machine-to-machine (M2M)-type communications in the a 5G/NR (New Radio) wireless communication system. (¶0002-¶0006, Laselva)
Re. Claims 4 and 14, Kim, Laselva and Kim811 teach claims 1 and 11.
Kim further teaches wherein the first wireless network node is a distributed unit of a base station, the second wireless network node is a control plane of a centralized unit of the base station, and the third wireless network node is a user plane of the centralized unit of the base station. (See below).
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Re. Claims 5 and 15, Kim, Laselva and Kim811 teach claims 1 and 11.
Kim further teaches wherein the small data transmission is associated with a configured grant. (Fig. 28-30 & ¶0314 - An SDT procedure may comprise configured grant-based transmission of small data).
Re. claims 6 and 16, Kim teaches a wireless communication method (Fig. 28-30) for use in a third wireless network node (Fig. 29-30, Old Base Station/Fig. 15), and a third wireless network node (Fig. 29-30, Old Base Station/Fig. 15), comprising: at least one processor (Fig. 15, 1508), and a memory (Fig. 15, 1514), which is configured to store at least one program; wherein the at least one program, when executed by the at least one processor, enables the at least one processor (Fig.15, ¶0212-¶213) to: receive, from a first wireless network node, uplink (UL) data for a small data transmission of a wireless terminal (Fig. 28-30 & ¶0354 - Based on the uplink grant, the wireless device may send the 2nd uplink data to the new base station. The new base station may receive the 2nd uplink data from the wireless device. The old base station may send the 2nd uplink data (which is received by the old station, CU-CP as shown in Fig. 30) to the core network entity), receive, from a second wireless network node, a first indicator, buffer the received UL data based on the first indicator (Fig. 28-30 & ¶0345 - Based on receiving the first F1 message, the new base station central unit control plane may send a retrieve UE context request message (first indicator) to an old base station central unit control plane where the retrieve UE context message (first indicator) may comprise assistance information of the SDT. Based on the retrieve UE context message, the old base station central unit control plane may determine to keep contexts of the wireless device. Fig. 28-30 & ¶0354 - Based on receiving the message, the new base station may send a retrieve UE context request message (first indicator) comprising assistance information of the SDT. Based on the retrieve UE context request message (first indicator), the old base station may determine to keep contexts of the wireless device (UE context of the wireless device) in the old base station),
Yet, Kim does not expressly teach handle the buffered UL data based on an event associated with a second indicator from the second wireless network.
However, in the analogous art, Laselva explicitly discloses handle the buffered UL data based on an event associated with a second indicator from the second wireless network (Fig. 14 & ¶0120 - Element e34 symbolizes an indication of subsequent SDT transmission, which may also include the second buffer status report, e.g. including an Inactive Radio network temporary identifier (I-RNTI) and/or a Cell Radio Network Temporary Identifier (C-RNTI). Element e35 symbolizes the control plane of the central unit 12-CU of the target node 12 determining a need to move the terminal device 16 to an RRC_CONNECTED mode, e.g. based on the second buffer status report, and triggering a forced UE context retrieval. Element e36 symbolizes an inactive UL data transfer message including the UL data and the first information I-1, the first information I-1 exemplarily this time indicating that a context relocation is required. Similar to element e10 of FIG. 13, … FIG. 14 symbolizes the control plane 14-CU-CP of the central unit of the anchor node 14 checking an authentication of the terminal device 16 and a transmission of the context of the terminal device 16 based on the received first information I-1 e36. Element e38 symbolizes RETRIEVE UE CONTEXT RESPONSE message. Element e39 symbolizes an RRC Resume message).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Kim’s invention of receiving/sending release message during small data transmission (SDT) in a wireless communication system to include Laselva’s invention of context relocation of a context of a terminal device in a 5G/NR (New Radio) wireless communication system, because it provides an efficient mechanism in performing small data transmission procedure during handover for machine-to-machine (M2M)-type communications in the a 5G/NR (New Radio) wireless communication system. (¶0002-¶0006, Laselva)
Yet, Kim and Laselva do not expressly teach wherein the first indicator is configured per wireless terminal, per dedicated radio bearer, per protocol data unit session or per quality of service flow to control whether to buffer the UL data,
However, in the analogous art, Kim811 explicitly discloses wherein the first indicator is configured per wireless terminal, per dedicated radio bearer, per protocol data unit session or per quality of service flow to control whether to buffer the UL data (Fig. 22 & ¶0309 - The retrieve UE context request message (i.e., first indicator) may comprise the UE identity and the MAC-I. Based on the retrieve UE context request message (i.e., first indicator), the old base station may be able to identify the contexts of the wireless device and verify the wireless device. Based on the identifying and the verifying, the old base station may send to a new base station a retrieve UE context response message comprising contexts of the UE (UE context (information)). The contexts may comprise requested PDU session list to be setup where each PDU session element of the request PDU session list comprises QoS flow identifiers (or DRB IDs) and QoS parameters per QoS flow (a DRB). Fig. 24 & ¶0329 - Based on the retrieve context request message (i.e., first indicator), the second base station may determine to keep anchor of the wireless device (to keep contexts of the wireless device (UE context)). Based on the determining, the second base station may send to the first base station a response message indicating the determining. The response message may comprise logical channel mapping information. The logical channel mapping information may comprise: QoS flow identifiers (or a DRB ID) of PDU sessions in the contexts; and logical channel identities (LCIDs) associated with the QoS flow identifiers. Based on the logical channel mapping information, the new base station may send a data forwarding request indicating QoS flow identifiers (or the DRB ID) of a logical channel of the first uplink data of the wireless device. Based on the data forwarding request, the anchor base station may send forwarding information for the first uplink data. The forwarding information may comprise the QoS flow identifiers (or the DRB ID) and a data forwarding address for the QoS flow identifiers (or the DRB ID)).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Kim’s invention of receiving/sending release message during small data transmission (SDT) in a wireless communication system and Laselva’s invention of context relocation of a context of a terminal device in a 5G/NR (New Radio) wireless communication system to include Kim811’s invention of uplink data of Small Data Transmission (SDT) Procedure in a wireless communication system, because it provides an efficient mechanism in relocating a wireless device to a new base station due to varying RF condition with decreased signaling overheads along with no delays for transmission/reception of small data associated with the SDT procedure performed in the wireless communication system. (¶0314, Kim811)
Re. Claims 7 and 17, Kim, Laselva and Kim811 teach claims 6 and 16.
Kim further teaches wherein the first indicator indicates whether to buffer the UL data (Fig. 28-30 & ¶0354 - Based on the retrieve UE context message (first indicator), the old base station central unit control plane may determine to keep contexts of the wireless device).
Re. Claims 8 and 18, Kim, Laselva and Kim811 teach claims 6 and 16.
Kim further discloses transmitting, to a user plane function, the buffered UL data based on the second indicator (Fig. 28-30 & ¶0354 - In response to the BSR, the new base station may send uplink grant for the 2nd uplink data. For example, in response to the BSR, the new base station may send uplink grant for the 2nd uplink data based on at least one of: the Xn DL message and the BSR. Based on the BSR, the new base station may know that the wireless device has the 2nd uplink data to transmit. Based on the Xn DL message, the new base station may identify that the old base station determines to keep the contexts of the wireless device. Based on the identifying, the new base station may determine to continue small data transmission with the wireless device without the contexts of the wireless device. ….. Based on the uplink grant, the wireless device may send the 2nd uplink data to the new base station. The new base station may receive the 2nd uplink data from the wireless device. The old base station may send the 2nd uplink data to the core network entity (see UPF in Fig. 30, where, 2nd uplink data is received).
Yet, Kim does not expressly teach wherein handling the buffered UL data based on the event associated with the second indicator from the second wireless network comprises: receiving, from the second wireless network node, the second indicator, and
However, in the analogous art, Laselva explicitly discloses wherein handling the buffered UL data based on the event associated with the second indicator from the second wireless network comprises: receiving, from the second wireless network node, the second indicator (Fig. 14 & ¶0120 - Element e34 symbolizes an indication of subsequent SDT transmission, which may also include the second buffer status report, e.g. including an Inactive Radio network temporary identifier (I-RNTI) and/or a Cell Radio Network Temporary Identifier (C-RNTI). Element e35 symbolizes the control plane of the central unit 12-CU of the target node 12 determining a need to move the terminal device 16 to an RRC_CONNECTED mode, e.g. based on the second buffer status report, and triggering a forced UE context retrieval. Element e36 symbolizes an inactive UL data transfer message including the UL data and the first information I-1, the first information I-1 exemplarily this time indicating that a context relocation is required. Similar to element e10 of FIG. 13, … FIG. 14 symbolizes the control plane 14-CU-CP of the central unit of the anchor node 14 checking an authentication of the terminal device 16 and a transmission of the context of the terminal device 16 based on the received first information I-1 e36. Element e38 symbolizes RETRIEVE UE CONTEXT RESPONSE message. Element e39 symbolizes an RRC Resume message),
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Kim’s invention of receiving/sending release message during small data transmission (SDT) in a wireless communication system and Kim811’s invention of uplink data of Small Data Transmission (SDT) Procedure in a wireless communication system to include Laselva’s invention of context relocation of a context of a terminal device in a 5G/NR (New Radio) wireless communication system, because it provides an efficient mechanism in performing small data transmission procedure during handover for machine-to-machine (M2M)-type communications in the a 5G/NR (New Radio) wireless communication system. (¶0002-¶0006, Laselva)
Re. Claims 9 and 19, Kim, Laselva and Kim811teach claims 6 and 16.
Kim further discloses wherein the first wireless network node is a distributed unit of a base station, the second wireless network node is a control plane of a centralized unit of the base station and the third wireless network node is a user plane of the centralized unit of the base station. (See next)
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Re. Claims 10 and 20, Kim, Laselva and Kim811 teach claims 6 and 16.
Kim further discloses wherein the small data transmission is associated with a configured grant. (Fig. 28-30 & ¶0314 - An SDT procedure may comprise configured grant-based transmission of small data).
Response to Arguments
Applicant's arguments for §103 rejection filed on 03/06/2026 have been fully considered but they are not persuasive.
Regarding remarks in pages 7-11 for independent claims 1 and 11, applicant argues that Kim or Laselva or Park (2023/0087615 [Wingdings font/0xF3] old reference) fails to teach, “wherein the first indicator is configured per wireless terminal, per dedicated radio bearer, per protocol data unit session or per quality of service flow to control whether to buffer the UL data.”.
Examiner agrees, however, in the analogous art, Kim811 (2023/0328811[Wingdings font/0xF3] a new reference), discloses the limitation as mapped in §103 rejection.
For these reasons, it is maintained that independent claims 1 and 11 are unpatentable over Kim, in view of Laselva, further in view of Kim811 (2023/0328811[Wingdings font/0xF3] a new reference).
For similar reasons, it is maintained that independent claims 6 and 16 are unpatentable over Kim, in view of Laselva, further in view of Kim811 (2023/0328811[Wingdings font/0xF3] a new reference).
As all other dependent claims depend either directly or indirectly from the independent claims 1, 6, 11 and 16, similar rationale also applies to all respective dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et. al. (2023/0051568); See Abstract, ¶0326, ¶0328-¶0382 along with Fig. 22-27.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUL CHOWDHURY whose telephone number is (571)272-0485. The examiner can normally be reached on Monday-Thursday 9 AM- 6 PM EST (Friday Var.).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on 571-272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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