Prosecution Insights
Last updated: April 19, 2026
Application No. 18/354,545

DATA TRANSMISSION METHOD AND APPARATUS

Final Rejection §103
Filed
Jul 18, 2023
Examiner
WANG, YAOTANG
Art Unit
2409
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
373 granted / 469 resolved
+21.5% vs TC avg
Strong +16% interview lift
Without
With
+16.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
30 currently pending
Career history
499
Total Applications
across all art units

Statute-Specific Performance

§101
4.8%
-35.2% vs TC avg
§103
68.8%
+28.8% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 469 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The instant Office Action is in response to communication filed on 11/5/2025. Claims 1-20 are pending. Claims 1, 8 and 15 are the base independent claims. Claims 1, 8 and 15 are amended. Response to Arguments/Amendment Regarding claim 1, Applicant files arguments with respect to the amendment. --In response, the arguments have been fully considered but they are not persuasive. The amended feature is a very limited presentation of the idented allowable subject matter. The feature can be broadly interpreted as two separated features: “an integrity transmission criterion” or “a quantity of data packets.” Such that, new grounds of rejection are made by the combination of Hande, Li and Hong based on the amended claim limitations. Upon further consideration, Hande still applies to a portion of the independent claims because the amendment does not change the scope of this portion. The rest of the arguments have been fully considered but are moot because the arguments do not apply to the new reference being used in the current rejection. Regarding claims 8 and 15, because the patent scopes of the limitations in the independent claims are the same as in claim 1, therefore the claims are rejected based on the same reason given to claim 1 mutatis mutandis. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-6, 8-13 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hande et al (US 2020/0383004) in view of Li et al (US 2017/0099671) or in view of Hong et al (US 2018/0199315). Regarding claims 1, 8 and 15, Hande discloses a communication method, related apparatus and CRM for preformatting the method, the method comprising: obtaining service feature configuration information of data (fig. 11 & par 64-65, par 81; e.g. traffic burst factor associated with the application traffic); configuring to-be-transmitted data in the data based on the service feature configuration information and par 125; e.g. BS 1104 may admit or deny the traffic flow for the application at least in part based on the burst factor and QoS parameters; QoS parameters read on transmitted data because one skill in the art understands that a packet error rate (PER) of the QoS is in part calculated using transmitted data; also see par 106, 123; fig. 5); and communicating with a terminal based on the configuration of the to-be-transmitted data (par 91, 103, 125; e.g. may provide communication services to a UE). In alternative, the reference does not explicitly disclose untransmitted data (emphasis added). However, it is obvious in view of Li. Li discloses: In par 24, 33, determine, for example, a CRE according to a priority of buffered data. In some implementations, priorities for respective amounts of buffered data can be assigned to CREs in a similar fashion as that described herein in connection with mapping a QoS parameter to a CRE. Thus, it is understood, configuring the resource for transmitting the data is based on contention resource elements (CRE) and QoS parameter which is also based on a buffered data, hence untransmitted data. In view of the above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of communication protocol configured for the electronic system of Li with the electronic system of Hande. One is motivated as such for efficient allocation of resources (Li, par 2). The reference does not disclose: sending transmission indication information indicates an integrity transmission criterion of the data, a quantity of data packets comprised in the to-be-transmitted data (see Examiner interpretation above). However, Hong discloses: sending transmission indication information indicates an integrity transmission criterion of the data, a quantity of data packets comprised in the to-be-transmitted data (fig. 2 & par 189, par 203; for example, the selected integrity protection algorithm for serving the NR-SRB1 to the UE are transmitted to the UE; thus at least reads on an integrity transmission criterion of the data is sent; also par 149, separation data quantity which may read on a quantity of data packes). In view of the above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of communication protocol configured for the electronic system of Hong with the electronic system of Hande. One is motivated as such to provide a reliable service (Hong, par 87). Regarding claims 2, 9 and 16, Hande discloses: wherein the service feature configuration information comprises one or more of 5G quality of service identifier (5QI) information, quality of service flow identifier (QFI) information, quality of service profile information, bearer information, or general packet radio service tunneling protocol (GTP) information (par 92; e.g. 5QI). Regarding claims 3, 10 and 17, Hande discloses: obtaining the service feature configuration information based on a configuration of a core network element (par 125-126; e.g. core network entity). Regarding claims 4, 11 and 18, Li discloses: setting a priority for the to-be-transmitted data based on at least one of the untransmitted data or the transmitted data (par 28, 33; determine, for example, a CRE according to such the priority that is calculated for a defined amount of buffered data) Regarding claims 5, 12 and 19, Li discloses: setting the priority for the to-be-transmitted data based on a data volume of at least one of the untransmitted data or a data volume of the transmitted data (par 28, 33; determine, for example, a CRE according to such the priority that is calculated for a defined amount of buffered data), and based on one or more of a transmission delay of the transmitted data, an estimated transmission delay of the untransmitted data, a correct receiving rate of the transmitted data, an instantaneous transmission rate, or a historical transmission rate (fig. 4B, par 28-33; latency, historical information) Regrading claims 6 and 13, Hande discloses: sending transmission indication information of the to-be-transmitted data to the terminal, wherein the transmission indication information is used for processing the transmitted data (par 125; e.g. if the RAN 1104 admits the application, then the BS 1104 sets up a dedicated traffic flow for the service. At 1126, the BS 1104 may perform resource allocation based on the burst factor). Allowable Subject Matter Claims 7, 14 and 20 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. 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 YAOTANG WANG whose telephone number is (571)272-4023. The examiner can normally be reached 10:00-18:00 ET (M, W, TH & alternate F). 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, HADI ARMOUCHE can be reached at 571-270-3618. 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. /YAOTANG WANG/SCE/Primary Examiner, Art Unit 2409
Read full office action

Prosecution Timeline

Jul 18, 2023
Application Filed
Aug 01, 2025
Non-Final Rejection — §103
Nov 05, 2025
Response Filed
Jan 14, 2026
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

3-4
Expected OA Rounds
80%
Grant Probability
96%
With Interview (+16.4%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 469 resolved cases by this examiner. Grant probability derived from career allow rate.

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