Prosecution Insights
Last updated: April 19, 2026
Application No. 18/374,806

INFORMATION TRANSMISSION METHOD AND APPARATUS AND COMMUNICATION DEVICE

Final Rejection §103
Filed
Sep 29, 2023
Examiner
SMARTH, GERALD A
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
642 granted / 768 resolved
+25.6% vs TC avg
Moderate +13% lift
Without
With
+13.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
28 currently pending
Career history
796
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
59.4%
+19.4% vs TC avg
§102
12.7%
-27.3% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 768 resolved cases

Office Action

§103
DETAILED ACTION 1. It is hereby acknowledged that 18/374806 the following papers have been received and placed of record in the file: Amendment dated 12/19/25 2. Claims 1-6, 8,10-16, 18, 20-24 are presented for examination. Claims 1, 6, 7, 11, 16, and 17 have been amended. Claims 2-5, 8-10, 12-15, 18-20 are being cancelled. Claims 21-24 are new. Response to Argument 3. Applicant’s arguments, see remarks, filed 12/19/25, with respect to the rejection(s) of claim(s) 1-6, 8,10-16, 18, 21-24 upon further consideration, a new ground(s) of rejection is made. Claim Objection 4. Claims 6 , 7, 21 and 16, 17, 23 are objected to because of the following informalities: Claims 6 and 16 states…. preset fixed attribute ….. It is unclear if the preset fixed attribute is referring to same HARQ attribute or a different attribute and it is unclear how is it related to the rest of the claim limitation . The specification does not seem to provide further clarification. Appropriate correction is required. Claim Rejections - 35 USC § 103 5. 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) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. 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. 6. Claim 1 is rejected under 35 U.S.C. §103 as being unpatentable over NPL-3GPP TSG-RAN WG2 Meeting #112 electronic Online, Jan 25 — Feb 5, 2021 in view of NPL-3GPP TSG-RAN2 Meeting #99 Germany, Berlin , 21-25 August 2017 R2-1709321 referred to as 3GPP2nd Regarding claim 1, 3GPP teaches an information transmission method, comprising: determining, by a first communication device based on terminal implementation, whether to send a first media access control control element (MAC CE), (see section 2.4…) wherein the first MAC CE is a discontinuous reception MAC CE in a sidelink (SL), and the first information is information for determining whether to send the first MAC CE (see section 2.4 explains ….The SL DRX command MAC CE is useful in the TX-centric model for the Rx UE to further reduce power consumption. W/o this MAC CE, a Rx UE anyway needs to keep awake for each “possible” transmission from peer UE. W/o this MAC CE, a Rx UE can skip those possible transmission time if confirmed by its TX UE. for the scenario of sidelink relay, the relay UE can use this command to inform remote UE of no data to receive. After receiving this MAC CE, the remote UE can sleep if he has no data to transmit as we ) wherein the first communication device is a first terminal, (see section 2.4 explains ….The SL DRX command MAC CE is useful in the TX-centric model for the Rx UE to further reduce power consumption.) 3GPP does not explicitly disclose these limitation however combined with 3GPP2nd further teaches and the discontinuous reception MAC CE is used to instruct stopping of a least one of a DRX-onDuration Timer or a DRX-InactivitTimer. (3GPP2nd Introduction explains…. DRX Command MAC CE is used for eNB to let UE know that no more data will be scheduled so UE can stop the relevant DRX timers…. Proposal 2 and 3….In LTE, Inactivity timer and onDuration Timer for potential new transmissions are stopped upon reception of DRX Command MAC CE…) It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine 3GPP with 3GPP2nd. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve side link reliability and other requirements (see paragraph [0006]) 7. Claims, 11 are rejected under 35 U.S.C. §103 as being unpatentable over NPL-3GPP TSG-RAN WG2 Meeting #112 electronic Online, Jan 25 — Feb 5, 2021 in view of YIBIN (CN1108310831062(A) ) in further view of NPL-3GPP TSG-RAN2 Meeting #99 Germany, Berlin , 21-25 August 2017 R2-1709321 referred to as 3GPP2nd Regarding claim 11, 3GPP teaches a communication device, comprising a processor, a memory, and a program or an instruction stored on the memory and executable on the processor, wherein the communication device is a first terminal, and the program or the instruction, when executed by the processor, causes the first terminal to perform: determining based on terminal implementation, whether to send a first media access control control element (MAC CE), wherein the first MAC CE is a discontinuous reception MAC CE in a sidelink (SL), and the first information is information for determining whether to send the first MAC CE (see section 2.4 explains ….The SL DRX command MAC CE is useful in the TX-centric model for the Rx UE to further reduce power consumption. W/o this MAC CE, a Rx UE anyway needs to keep awake for each “possible” transmission from peer UE. W/o this MAC CE, a Rx UE can skip those possible transmission time if confirmed by its TX UE. for the scenario of sidelink relay, the relay UE can use this command to inform remote UE of no data to receive. After receiving this MAC CE, the remote UE can sleep if he has no data to transmit as we ) While it is well known 3GPP does not explicitly disclose a processor wherein the discontinuousHowever Yibin explains the use of a processor (see paragraph [0104],[0514],[0518]) It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine 3GPP with YIBIN. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve side link reliability and other requirements (see paragraph [0006]) 3GPP does not explicitly disclose these limitation however combined with 3GPP2nd further teaches wherein the discontinuous reception MAC CE is used to instruct stopping of a least one of a DRX-onDuration Timer or a DRX-InactivitTimer. (3GPP2nd Introduction explains…. DRX Command MAC CE is used for eNB to let UE know that no more data will be scheduled so UE can stop the relevant DRX timers…. Proposal 2 and 3….In LTE, Inactivity timer and onDuration Timer for potential new transmissions are stopped upon reception of DRX Command MAC CE…) It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine 3GPP with 3GPP2nd. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve on save UE power (see Introduction) 8. Claims 6, 7, 21 and 22 are rejected under 35 U.S.C. §103 as being unpatentable over NPL-3GPP TSG-RAN WG2 Meeting #112 electronic Online, Jan 25 — Feb 5, 2021 in view of NPL-3GPP TSG-RAN2 Meeting #99 Germany, Berlin , 21-25 August 2017 R2-1709321 referred to as 3GPP2nd in further view of GUORONG (KR20230146656A) Regarding claim 6, the modified 3GPP taught the method according to claim 1, as described above. 3GPP alone does not explicitly disclose these limitations however combined with Yibin teaches further comprising: determining, by the first communication device, a hybrid automatic repeat request (HARQ) attribute of the first MAC CE according to: preset fixed attribute. (see Guorong page 7 paragraph [0007]-[0013] explains… When the sidelink resource is configured as PSFCH, and the HARQ feedback attribute corresponding to the highest priority logical channel or sidelink discontinuous reception command MAC CE that satisfies a predetermined condition is configured to be disabled, the first terminal The equipment selects a logical channel or sidelink discontinuous receive command MAC CE configured with the HARQ feedback attribute disabled in the LCP procedure….Figures 6 and 7, the LCP procedure is executed according to the HARQ attribute of the sidelink discontinuous reception command MAC CE, thereby ensuring reliability of transmission of MAC CEs. Page 11 last paragraph page 12 first paragraph, Page 20 Paragraphs [0015] and [0016]) It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine 3GPPP with Guorong. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve power saving with V2X communication (see Background) Regarding claim 7, the modified 3GPP taught the method according to claim 6, as described above. 3GPP alone does not explicitly disclose these limitations however combined with Yibin further teaches after the HARQ attribute of the first MAC CE is determined, further comprising: determining, by the first communication device, a HARQ attribute of SL transmission according to a preset rule, wherein the SL transmission comprises at least the first MAC CE: wherein the preset rule comprises at least one of: when that the HARQ attribute of the first MAC CE is a preset fixed attribute, determining the HARQ attribute of the SL transmission according to the preset fixed attribute of the first MAC CE, when that the HARQ attribute of the first MAC CE is a HARQ attribute of at least one SL logical channel, when the SL transmission comprises first data, determining the HARQ attribute of the SL transmission according to a HARQ attribute of a logical channel with the highest priority among SL logical channels corresponding to the first data; when that the HARQ attribute of the first MAC CE is a HARQ attribute of at least one SL logical channel, when the SL transmission comprises no first data, determining the HARQ attribute of the SL transmission according to a HARQ attribute of a logical channel with the highest priority among configured SL logical channels: when that the HARQ attribute of the first MAC CE is determined according to a preset fixed attribute and a HARQ attribute of at least one SL logical channel, when the SL transmission comprises first data, determining the HARQ attribute of the SL transmission according to a HARQ attribute of a logical channel with the highest priority among SL logical channels corresponding to the first data: or when that the HARQ attribute of the first MAC CE is determined according to a preset fixed attribute and a HARQ attribute of at least one SL logical channel, when the SL transmission comprises no first data, determining the HARQ attribute of the SL transmission according to the preset fixed attribute of the first MAC CE. (see Guorong page 7 paragraph [0007]-[0013] explains….with respect to the sidelink LCP procedure, for SL grant configured with PSFCH, if the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is enabled, the HARQ feedback is The enabled sidelink discontinuous receive command MAC CE or logical channel is selected; If the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is disabled, the sidelink discontinuous receive command MAC CE or logical channel for which HARQ feedback is disabled is selected.… Figures 6 and 7, the LCP procedure is executed according to the HARQ attribute of the sidelink discontinuous reception command MAC CE, thereby ensuring reliability of transmission of MAC CEs. Page 20 Paragraphs [0015] and [0016]) Regarding claim 21, the modified 3GPP taught the method according to claim 6, , as described above. The modified 3GPP further teaches wherein the method further comprises: fixing, by the first communication device, the HARQ attribute of the first MAC CE as disabled. (see Guorong page 7 paragraph [0007]-[0013] explains….with respect to the sidelink LCP procedure, for SL grant configured with PSFCH, if the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is enabled, the HARQ feedback is The enabled sidelink discontinuous receive command MAC CE or logical channel is selected; If the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is disabled, the sidelink discontinuous receive command MAC CE or logical channel for which HARQ feedback is disabled is selected.… Figures 6 and 7, the LCP procedure is executed according to the HARQ attribute of the sidelink discontinuous reception command MAC CE, thereby ensuring reliability of transmission of MAC CEs. Page 20 Paragraphs [0015] and [0016]) Regarding claim 22, the modified 3GPP taught the method according to claim 1, wherein the method further comprises: determining, by the first communication device, a hybrid automatic repeat request (HARQ) attribute of the first MAC CE according to a HARQ attribute of at least one SL logical channel. (see Guorong page 7 paragraph [0007]-[0013] explains….with respect to the sidelink LCP procedure, for SL grant configured with PSFCH, if the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is enabled, the HARQ feedback is The enabled sidelink discontinuous receive command MAC CE or logical channel is selected; If the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is disabled, the sidelink discontinuous receive command MAC CE or logical channel for which HARQ feedback is disabled is selected.… Figures 6 and 7, the LCP procedure is executed according to the HARQ attribute of the sidelink discontinuous reception command MAC CE, thereby ensuring reliability of transmission of MAC CEs. Page 20 Paragraphs [0015] and [0016]) 9. Claims 16, 17, 23-24 are rejected under 35 U.S.C. §103 as being unpatentable over NPL-3GPP TSG-RAN WG2 Meeting #112 electronic Online, Jan 25 — Feb 5, 2021 in view of YIBIN (CN1108310831062(A) ) in view of 3GPP TSG RAN meeting #88e RP-200854 Electronic Meeting, June 29 - July 3, 2020 referred to as 3GPP2nd in further view of GUORONG (KR20230146656A) Regarding claim 16, the modified 3GPP taught the communication device according to clam 11, as described above. 3GPP alone does not explicitly disclose these limitations however combined with Guorong teaches wherein the program or the instruction, when executed by the processor, causes the first communication device to further perform: determining a hybrid automatic repeat request C(HARQ) attribute of the first MAC CE according to at least one of: preset fixed attribute: or a HAR attribute of at least one SL logical channel. (see Guorong page 7 paragraph [0007]-[0013] explains… When the sidelink resource is configured as PSFCH, and the HARQ feedback attribute corresponding to the highest priority logical channel or sidelink discontinuous reception command MAC CE that satisfies a predetermined condition is configured to be disabled, the first terminal The equipment selects a logical channel or sidelink discontinuous receive command MAC CE configured with the HARQ feedback attribute disabled in the LCP procedure….Figures 6 and 7, the LCP procedure is executed according to the HARQ attribute of the sidelink discontinuous reception command MAC CE, thereby ensuring reliability of transmission of MAC CEs. Page 20 Paragraphs [0015] and [0016]) It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine 3GPPP with Guorong. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improve power saving with V2X communication (see Background) Regarding claim 17, the modified 3GPP taught the communication device according to claim 16, as described above. the modified 3GPP taught wherein the program or the instruction, when executed by the processor, causes the first communication device to further perform: determming, after the HARO attribute of the first MAC CE is determined, a HARQ attribute of SL transrnission according to a preset rule, wherein the SL transmission comprises at least the first MAC CE: wherein the preset rule comprises at least one of: when the HARQ attribute of the first MAC CE is a preset fixed attribute, determining the HARQO attribute of the SL transmission according to the preset fixed attribute of the first MAC CE; im a case that the HARO attribute of the first MAC CE is a HAROQ attribute of at least one SL logical channel, uf the SL transrnission cornprises first data, determining the HAROQ attribute of the SL transmission according to a HARQ attribute of a logical channel with the highest priority among SL logical channels corresponding to the first data; im a case that the HARQO atinbute of the firsts MAC CE is a HARQ attribute of at least one SL logical channel, when the SL transmission comprises no first data, determining the HARO attribute of the SL transmission according to a HARQ attribute of a logical channel with the highest priority among configured SL logical channels; when that the HARQ attribute of the first MAC CE is determined according to a preset fixed attribute and a HARO attribute of at least one SL fogical channel, when the SL transmission comprises first data, determmming the HARO atinbute of the SL transmission according to a HARO attribute of a logical channel with the highest priorrty among SL logical channels corresponding to the first data; or when that the HARO attribute of the first MAC CE is determined according to a preset fixed attribute and a HARQ attribute of at least one SL logical channel, when the SL transmission comprises no first data, determining the HARO attribute of the SL transmission according to the preset fixed attribute of the first MAC CE. (see 3GPP2nd section 2.2.1 ) Regarding claim 23, the modified 3GPP taught the communication device according to claim 16, , as described above. The modified 3GPP further teaches wherein the program or the instruction, when executed by the processor, causes the first terminal to further perform: fixing the HARQ attribute of the first MAC CE as disabled. (see Guorong page 7 paragraph [0007]-[0013] explains….with respect to the sidelink LCP procedure, for SL grant configured with PSFCH, if the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is enabled, the HARQ feedback is The enabled sidelink discontinuous receive command MAC CE or logical channel is selected; If the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is disabled, the sidelink discontinuous receive command MAC CE or logical channel for which HARQ feedback is disabled is selected.… Figures 6 and 7, the LCP procedure is executed according to the HARQ attribute of the sidelink discontinuous reception command MAC CE, thereby ensuring reliability of transmission of MAC CEs. Page 20 Paragraphs [0015] and [0016]) Regarding claim 24, the modified 3GPP taught the communication device according to claim 11, as described above. The modified 3GPP further teaches herein the program or the instruction, when executed by the processor, causes the first terminal to further perform: determining a hybrid automatic repeat request (HARQ) attribute of the first MAC CE according to a HARQ attribute of at least one SL logical channel. (see Guorong page 7 paragraph [0007]-[0013] explains….with respect to the sidelink LCP procedure, for SL grant configured with PSFCH, if the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is enabled, the HARQ feedback is The enabled sidelink discontinuous receive command MAC CE or logical channel is selected; If the HARQ feedback corresponding to the sidelink discontinuous receive command MAC CE or logical channel with the highest priority is disabled, the sidelink discontinuous receive command MAC CE or logical channel for which HARQ feedback is disabled is selected.… Figures 6 and 7, the LCP procedure is executed according to the HARQ attribute of the sidelink discontinuous reception command MAC CE, thereby ensuring reliability of transmission of MAC CEs. Page 20 Paragraphs [0015] and [0016]) 10. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD A SMARTH whose telephone number is (571)270-1923. The examiner can normally be reached on Monday-Thursday 6am-4:30pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on 571-272-7784. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GERALD A SMARTH/Primary Examiner, Art Unit 2478
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Prosecution Timeline

Sep 29, 2023
Application Filed
Sep 20, 2025
Non-Final Rejection — §103
Dec 19, 2025
Response Filed
Mar 28, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
97%
With Interview (+13.0%)
3y 0m
Median Time to Grant
Moderate
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