Prosecution Insights
Last updated: April 19, 2026
Application No. 18/401,169

METHOD AND APPARATUS FOR REPORTING BUFFERED DATA

Non-Final OA §103
Filed
Dec 29, 2023
Examiner
KAUR, PAMIT
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
501 granted / 626 resolved
+22.0% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
23 currently pending
Career history
649
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
62.5%
+22.5% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 626 resolved cases

Office Action

§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 . Claims 1-20 are subject under examination. 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. 4. The factual inquiries 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. 5. Claim(s) 1-3, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (20220417793) in view of Wang (US 10966152 B2). Regarding claim 1, Kim (20220417793) teaches a method for reporting buffered data, comprising: generating, by a station (STA), a first frame, wherein the first frame comprises first information, the first information comprises time information (See para 0249 “The latency BSR subfield may include information related to a time (or packet arrival time) at which each packet enters a queue (for example, a buffer). The terminal (that is, the STA) and the AP may exchange information related to the required latency of traffic”), the time information indicates a first time (See para 0249 “The latency BSR subfield may include information related to a time (or packet arrival time) at which each packet enters a queue (for example, a buffer), and sending, by the STA, the first frame See para 0249 “The latency BSR subfield may include information related to a time (or packet arrival time) at which each packet enters a queue (for example, a buffer). The terminal (that is, the STA) and the AP may exchange information related to the required latency of traffic”.) Kim doesn’t teach a first buffered data packet needs to be sent within the first time. Wang teaches a first buffered data packet needs to be sent within the first time (See col 11 line 66- col 12 lines 5 “the WTRU may transmit the more detailed information to another WTRU or a base station, which may use the more detailed information to enable more efficient small packet transmission, for example, by assigning transmission opportunities (TXOPs) to WTRUs. The more detailed information about that the WTRU has buffered for transmission may include, …the time needed to transmit at least one packet of the data the WTRU has buffered for transmission”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine a first buffered data packet needs to be sent within the first time in the system of Kim. The motivation is to transmit packets efficiently (Wang: see col 12 lines 2) Regarding claim 14, Kim (20220417793) teaches at least one processor; and at least one computer-readable storage medium, wherein the at least one computer-readable storage medium stores instructions, and wherein the instructions, when executed by the at least one processor, cause the apparatus to: Generate a first frame, wherein the first frame comprises first information, the first information comprises time information (See para 0249 “The latency BSR subfield may include information related to a time (or packet arrival time) at which each packet enters a queue (for example, a buffer). The terminal (that is, the STA) and the AP may exchange information related to the required latency of traffic”), the time information indicates a first time (See para 0249 “The latency BSR subfield may include information related to a time (or packet arrival time) at which each packet enters a queue (for example, a buffer), and send the first frame See para 0249 “The latency BSR subfield may include information related to a time (or packet arrival time) at which each packet enters a queue (for example, a buffer). The terminal (that is, the STA) and the AP may exchange information related to the required latency of traffic”.) Kim doesn’t teach a first buffered data packet needs to be sent within the first time. Wang teaches a first buffered data packet needs to be sent within the first time (See col 11 line 66- col 12 lines 5 “the WTRU may transmit the more detailed information to another WTRU or a base station, which may use the more detailed information to enable more efficient small packet transmission, for example, by assigning transmission opportunities (TXOPs) to WTRUs. The more detailed information about that the WTRU has buffered for transmission may include, …the time needed to transmit at least one packet of the data the WTRU has buffered for transmission”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine a first buffered data packet needs to be sent within the first time in the system of Kim. The motivation is to transmit packets efficiently (Wang: see col 12 lines 2) Regarding claim 2,15, Kim teaches receiving, by the STA, second information, wherein the second information indicates a first resource used by the STA to send the first buffered data packet (see para 0348 “he AP may determine the size of a resource to be allocated to the terminal based on information related to the number of packets stored in the buffer”; see para 0350 “ For example, the AP may allocate a resource for low-latency traffic (that is, latency traffic) to the STA. ..For example, the AP may receive information about the buffer state of the STA, and may configure a trigger frame for the user STA based on the buffer state of the STA. The uplink resource for uplink transmission may include an uplink resource used for UL MU communication.”); and sending, by the STA, the first buffered data packet by using the first resource (See para 0350 “For example, the AP may receive information about the buffer state of the STA, and may configure a trigger frame for the user STA based on the buffer state of the STA. The uplink resource for uplink transmission may include an uplink resource used for UL MU communication.”). Regarding claim 3, 16, Kim teaches wherein the first information further comprises first data amount information, and the first data amount information indicates a data amount of the first buffered data packet (see para 0348 “The AP may determine.. the size of each packet stored in the buffer included in the link adaptive control field.”). 6. Claim(s) 4, 5, 6, 7, 8, 17, 18, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (20220417793) in view of Wang (US 10966152 B2) and further in view of Asterjedhi (US 20190261402 A1). Regarding claims 4 and 17, Asterjadhi teaches wherein the first frame further comprises a first control identifier, and the first control identifier indicates a type of the first information (See para 0006 “MPDUs may be generated with BSR control fields that include TID bitmaps that explicitly indicate one or more TIDs associated with the BSR control field”). Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine a length of the first control identifier is 4 bits, and a length of the first information is 26 bits in the system of Kim. The motivation is to efficiently handle communication (Asterjadhi : see para 0045). Regarding claims 5 and 18, Kim doesn’t teach a length of the first control identifier is 4 bits, and a length of the first information is 26 bits Asterjedhi teaches a length of the first control identifier is 4 bits, and a length of the first information is 26 bits (see para 0061 “Further, the Control Information Subfield 300 may include, for example, 26 bits divided over the subfields 305-330.”; see para 0062 “ACI Bitmap subfield 305 may include 4 bits”) [ examiner interprets using 4 bits is a design choice] Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine a length of the first control identifier is 4 bits, and a length of the first information is 26 bits in the system of Kim. The motivation is to efficiently handle communication (Asterjadhi : see para 0045). Regarding claim 6,19, Kim doesn’t teach a length of the first control identifier is 8 bits, and a length of the first information is 22 bit. Asterjadhi teaches wherein a length of the first control identifier is 8 bits, and a length of the first information is 22 bits (see para 0047 “A TID bitmap may include 8 bits”; see para 0061 “Further, the Control Information Subfield 300 may include, for example, 26 bits divided over the subfields 305-330.”) [ examiner interprets using 4 bits is a design choice] Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine wherein a length of the first control identifier is 8 bits, and a length of the first information is 22 bits in the system of Kim. The motivation is to efficiently handle communication (Asterjadhi : see para 0045). Regarding claims 7 and 20, Kim doesn’t teach the first frame further comprises a second control identifier and an extended control identifier, and the second control identifier and the extended control identifier jointly indicate a type of the first information. Asterjadhi teaches the first frame further comprises a second control identifier and an extended control identifier, and the second control identifier and the extended control identifier jointly indicate a type of the first information (see para 0006 “A BSR control field may include an Access Category Identifier (ACI) bitmap and a delta TID parameter (e.g., a Delta TID subfield) indicating a mapping of TID-specific buffer status information to a first queue.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the first frame further comprises a second control identifier and an extended control identifier, and the second control identifier and the extended control identifier jointly indicate a type of the first information intheysystem of Kim. The motivation is to efficiently handle communication (Asterjadhi : see para 0045) Regarding claim 8, Kim doesn’t teach a length of the second control identifier is 4 bits, a length of the extended control identifier is 4 bits, and a length of the first information is 22 bits. Asterjadhi teaches wherein a length of the second control identifier is 4 bits, a length of the extended control identifier is 4 bits, and a length of the first information is 22 bits. (see para 0047 “A TID bitmap may include 8 bits”; see para 0061 “Further, the Control Information Subfield 300 may include, for example, 26 bits divided over the subfields 305-330.”) [ examiner interprets using 4 bits and 22 bits is a design choice] Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine wherein a length of the first control identifier is 8 bits, and a length of the first information is 22 bits in the system of Kim. The motivation is to efficiently handle communication (Asterjadhi : see para 0045) 6. Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (20220417793) in view of Wang (US 10966152 B2) and further in view of Viger (US 20180020373 A1) Regarding claim 9, Modified Kim doesn’t teach determining, by the STA based on the first time, to send the first information. Viger teaches determining, by the STA based on the first time, to send the first information (see para 0093 “bits B8-B15 represent the “queue size” subfield 203, to indicate the amount of buffered traffic for a given TID at the non-AP station sending this frame. The queue size value is the total size, rounded up to the nearest multiple of 256 octets and expressed in units of 256 octets, of all packets buffered for the specified TID. The access point may use this information to determine the next TXOP duration it will grant to the station.; see para 0095” , the “TXOP Duration Requested” provides an equivalent request as the “queue size”, as they both consider all packets buffered for the specified TID.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of invention to combine determining to send the first information in the system of Kim. The motivation is to improve efficiency (Viger: see para 0022) Regarding claim 10, Modified Kim doesn’t teach receiving, by the STA, a buffer status report poll (BSRP), wherein the BSRP indicates whether the STA sends the first information; and determining, by the STA based on the BSRP, to send the first information. Viger teaches receiving, by the STA, a buffer status report poll (BSRP), wherein the BSRP indicates whether the STA sends the first information (See para 0120 “Upon reception of a trigger frame 430-BSR containing a request indication of buffer status report, a 802.11ax station responds with a frame including the Queue Size subfield 203 in its QoS Control field 200.”); and determining, by the STA based on the BSRP, to send the first information (See para 0120 “02.11ax station responds with a frame including the Queue Size subfield 203 in its QoS Control field 200.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of invention to combine receiving a buffer status report poll (BSRP), wherein the BSRP indicates whether the STA sends the first information in the system of Kim. The motivation is to improve efficiency (Viger: see para 0022) 6. Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (20220417793) in view of Wang (US 10966152 B2) and further in view of Li (US 20170230860 A1) Regarding claim 11, Modified Kim doesn’t teach wherein the first information further comprises identification information, and the identification information indicates one of a first traffic identifier (TID) to which the first buffered data packet belongs, a first access category identifier (ACI) to which the first buffered data packet belongs, or a first transmitting station identification (TSID) to which the first buffered data packet belongs. Li teaches wherein the first information further comprises identification information, and the identification information indicates one of a first traffic identifier (TID) to which the first buffered data packet belongs, a first access category identifier (ACI) to which the first buffered data packet belongs, or a first transmitting station identification (TSID) to which the first buffered data packet belongs See para048 “Field 420 can include a traffic identifier 421, which can take on the value of TID 314 (see FIG. 3). Field 430, in some embodiments, includes queue status information 431 associated with the traffic identifier 421, which can indicate the queue status of buffer 304. Field 440 can include frame body 441 and frame body 441 can be associated with a traffic identifier different from traffic identifier 421..”). Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the first information further comprises identification information, and the identification information indicates one of a first traffic identifier (TID) to which the first buffered data packet belongs, a first access category identifier (ACI) to which the first buffered data packet belong in the system of Kim. The motivation is to improve buffer status reporting (Li: see para 0036). Regarding claim 12, Modified Kim doesn’t teach second data amount information, and the second data amount information indicates one of a total data amount of the first TID to which the first buffered data packet belongs, a total data amount of the first ACI to which the first buffered data packet belongs, or a total data amount of the first TSID to which the first buffered data packet belongs. Li teaches second data amount information, and the second data amount information indicates one of a total data amount of the first TID to which the first buffered data packet belongs, a total data amount of the first ACI to which the first buffered data packet belongs, or a total data amount of the first TSID to which the first buffered data packet belongs (See para 0048 “Field 420 can include a traffic identifier 421, which can take on the value of TID 314 (see FIG. 3). Field 430, in some embodiments, includes queue status information 431 associated with the traffic identifier 421, which can indicate the queue status of buffer 304. Field 440 can include frame body 441 and frame body 441 can be associated with a traffic identifier different from traffic identifier 421.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the first information further comprises identification information, and the identification information indicates one of a first traffic identifier (TID) to which the first buffered data packet belongs, a first access category identifier (ACI) to which the first buffered data packet belong in the system of Kim. The motivation is to improve buffer status reporting (Li: see para 0036) Regarding claim 13, Modified Kim doesn’t teach the first information further comprises unit information, and the unit information indicates units of a first data amount information and the second data amount information. Li teaches wherein the first information further comprises unit information, and the unit information indicates units of a first data amount information and the second data amount information (see para 0056” the aggregated buffer status sums together queue sizes or measures of data size in one or more buffers. In some embodiments, if a first buffer holds ten 256-octet units awaiting transmission, and a second buffer holds twenty 256-octet units, the aggregated indication is thirty 256-octet units”; see para 0057 “buffer status report 560 featuring the aggregated buffer status 552, a TID value 502 and a queue size 504.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the first information further comprises unit information, and the unit information indicates units of a first data amount information and the second data amount information in the system of Kim. The motivation is to improve buffer status reporting (Li: see para 0036) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMIT KAUR whose telephone number is (571)270-5665. The examiner can normally be reached 9AM-5PM. 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, NOEL BEHARRY can be reached at 5712705630. 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. /PAMIT KAUR/Examiner, Art Unit 2416
Read full office action

Prosecution Timeline

Dec 29, 2023
Application Filed
Jan 23, 2026
Non-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

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+20.4%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 626 resolved cases by this examiner. Grant probability derived from career allow rate.

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