Prosecution Insights
Last updated: July 17, 2026
Application No. 18/402,779

FAILURE REPORTING IN SMALL DATA TRANSMISSION

Non-Final OA §102
Filed
Jan 03, 2024
Priority
Feb 15, 2023 — FI 20235161
Examiner
LIN, KENNY S
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Nokia Corporation
OA Round
2 (Non-Final)
70%
Grant Probability
Favorable
2-3
OA Rounds
4m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
603 granted / 865 resolved
+11.7% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
21 currently pending
Career history
888
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
69.0%
+29.0% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
6.5%
-33.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 865 resolved cases

Office Action

§102
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 . DETAILED ACTION Claims 1-20 are presented for examination. Response to Arguments Applicant's arguments filed 4/22/2026 have been fully considered but they are not persuasive. In the remark, applicant argued (1) Kim does not teach to “receive, from an access node of a communication network, a configuration for a small data transmission procedure” and “transmit, to the access node, a failure report comprising information including at least one of the following:…”. Kim discloses a wireless device transmitting reports to a “third base station” which then forwards the report to a “second bae station.” In contract, claim 1 requires transmitting the failure report directly “to the access node” that provided the SDT configuration. Examiner traverse the argument: As to point (1), in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., transmitting the failure report directly to the access node) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claim language does not limit the transmission of the failure report to be “directly” and not relay transmitted via any other node. In the 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. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (Kim), WO 2022/212706 A1 Kim is cited by the applicant in the IDS. As per claim 1, Kim teaches the invention including an apparatus, comprising: At least one processor (pp. 0212-0214), and At least one memory storing instructions (pp. 0213) that, when executed by the at least one processor, cause the apparatus at least to: Receive, from an access node of a communication network, a configuration for a small data transmission procedure (pp. 0374: base station may configure one or more CG configuration/resource for SDT to a wireless device), Detect an occurrence of a failure associated with the small data transmission procedure (pp. 0374: detect a success or fa failure of a SDT procedure), and Transmit, to the access node, a failure report (pp. 0375, 0447-0449) comprising information including at least one of the following: a reason for the failure (pp. 0375, 0377, 0448), information relating to the configuration for the small data transmission procedure used during the occurrence of the failure (pp. 0375, 0377, 0379, 0385), or information relating to a random access procedure used during the occurrence of the failure (pp. 0379, 0385, 0447-0449, 0467: RA problem during SDT procedure). As per claim 2, Kim teaches the invention as claimed in claim 1. Kim further teaches wherein the detecting the occurrence of the failure is configured to determine the occurrence of the failure when a cell re-selection procedure is initiated during the small data transmission procedure (pp. 0376, 0409-0411, 0433, 0467), A failure detection timer associated with the small data transmission procedure expires (pp. 0376, 0409-0411, 0433, 0467: SDT failure detection timer expiry), A medium access control entity reaches a configured maximum number of random access preamble transmission (pp. 0389, 0391), or A radio link control entity reaches a configured maximum number of retransmissions (pp. 0414, 0435). As per claim 3, Kim teaches the invention as claimed in claim 2. Kim further teaches wherein the reason for the failure comprises at least one of the following: Initiation of the cell re-selection procedure during the small data transmission procedure (pp. 0376, 0409-0411, 0433, 0467), Expiry of the failure detection timer associated with the small data transmission procedure (pp. 0376, 0409-0411, 0433, 0467), the medium access control entity reaching a configured maximum number of random access preamble transmission (pp. 0389, 0391), or the radio link control entity reaching a configured maximum number of retransmissions (pp. 0414, 0435). As per claim 4, Kim teaches the invention as claimed in claim 1. Kim further teaches wherein the configuration for the small data transmission procedure includes a request or a configuration for collecting or logging the information for the failure report (pp. 0370, 0374, 0383-0385). As per claim 5, Kim teaches the invention as claimed in claim 1. Kim further teaches the apparatus configured to receive, from the access node, a request for the failure report (pp. 0433, 0453). As per claim 6, Kim teaches the invention as claimed in claim 1. Kim further teaches the apparatus configured to collect or log the information for the failure report associated with the occurrence of the failure (pp. 0370, 0374, 0383-0385). As per claim 7, Kim teaches the invention as claimed in claim 1. Kim further teaches the apparatus configured to: Log and transmit, to the access node, an indication of a purpose for random access, an identifier of a cell associated with the small data transmission procedure, at least part of the configuration of the small data transmission procedure, or at least part of a random access configuration applicable for the small data transmission procedure (pp. 0374, 0422). As per claim 8, Kim teaches the invention as claimed in claim 7. Kim further teaches wherein the at least part of the configuration of the small data transmission procedure comprises at least one of the following: A reference signal received power threshold (pp. 0176: RSRP threshold), A data volume threshold (pp. 0469-0470), A value of a logical channel scheduling request delay timer, A value of the failure detection timer, or A search space for monitoring a physical downlink control channel (pp. 0365). As per claim 9, Kim teaches the invention as claimed in claim 1. Kim further teaches wherein the information relating to the random access procedure used during the occurrence of the failure comprise at least one of the following: An indication that the occurrence of the failure occurred during a two-step random access procedure (pp. 0185, 0379, 0385, 0447-0449, 0467), or An indication that the occurrence of the failure during a four-step random access procedure (pp. 0172, 0379, 0385, 0447-0449, 0467). As per claim 10, Kim teaches the invention as claimed in claim 1. Kim further teaches wherein the failure report comprises a random access report (pp. 0375, 0379, 0385, 0447-0449, 0467). As per claim 11, Kim teaches the invention as claimed in claim 10. Kim further teaches wherein the random access report comprises small data transmission data and/or the configuration for the small data transmission procedure (pp. 0375, 0379, 0385, 0447-0449, 0467). As per claim 12, Kim teaches the invention as claimed in claim 1. Kim further teaches the apparatus configured to: Transmit, to the access node, an indication of availability of the random access report or the failure report (pp. 0452). As per claim 13, Kim teaches the invention as claimed in claim 10. Kim further teaches the apparatus configured to: Transmit the random access report to the access node, in response to receiving a request for the random access report form the access node (pp. 0433, 0453). As per claim 14, Kim teaches the invention as claimed in claim 10. Kim further teaches wherein the random access report comprises a user equipment information response radio resource control message, or wherein the request for the random access report comprises a user equipment information request radio resource control message (pp. 0234, 0450-0543). As per claim 15, Kim teaches the invention as claimed in claim 1. Kim further teaches wherein the failure report is configured to be delivered to a network analysis function of the communication network for determining a cause for the failure (pp. 0057). As per claim 16, Kim teaches the invention as claimed in claim 1. Kim further teaches wherein small data transmission procedure comprises 3GPP small data transmission (SDT) procedure (pp. 0054, 0056, 0350, 0356-0358). As per claim 17, Kim teaches the invention including an apparatus comprising: At least one processor (pp. 0212-0214), and At least one memory storing instructions (pp. 0213) that, when executed by the at least one processor, cause the apparatus at least to: Transmit a configuration for a small data transmission procedure to a device (pp. 0374: base station may configure one or more CG configuration/resource for SDT to a wireless device), wherein the configuration for the small data transmission procedure includes a request or a configuration for collecting or logging information for an occurrence of a failure associated with the small data transmission procedure (pp. 0370, 0374, 0383-0385). As per claim 18, Kim teaches the invention as claimed in claim 17. Kim further teaches the apparatus configured to: Transmit, to the device, a request for a failure report associated with the small data transmission procedure (pp. pp. 0375, 0433, 0447-0449, 0453). As per claim 19, Kim teaches the invention including a method, comprising: Receiving, from an access node of a communication network, a configuration for a small data transmission procedure (pp. 0374: base station may configure one or more CG configuration/resource for SDT to a wireless device), Detecting an occurrence of a failure associated with the small data transmission procedure (pp. 0374: detect a success or fa failure of a SDT procedure), and Transmitting, to the access node, a failure report (pp. 0375, 0447-0449) comprising information including at least one of the following: a reason for the failure (pp. 0375, 0377, 0448), information relating to the configuration for the small data transmission procedure used during the occurrence of the failure (pp. 0375, 0377, 0379, 0385), or information relating to a random access procedure used during the occurrence of the failure (pp. 0379, 0385, 0447-0449, 0467: RA problem during SDT procedure). As per claim 20, Kim teaches the invention including a method comprising: Transmitting a configuration for a small data transmission procedure to a device (pp. 0374: base station may configure one or more CG configuration/resource for SDT to a wireless device), wherein the configuration for the small data transmission procedure includes a request or a configuration for collecting or logging information for an occurrence of a failure associated with the small data transmission procedure (pp. 0370, 0374, 0383-0385). Conclusion THIS ACTION IS MADE FINAL. 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 KENNY S LIN whose telephone number is (571) 272-3968. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. 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). KENNY S. LIN Examiner Art Unit 2416 /Kenny S Lin/ Primary Examiner, Art Unit 2416 May 4, 2026
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Prosecution Timeline

Jan 03, 2024
Application Filed
Jan 26, 2026
Non-Final Rejection mailed — §102
Apr 22, 2026
Response Filed
May 06, 2026
Final Rejection mailed — §102
Jun 30, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
70%
Grant Probability
82%
With Interview (+12.3%)
2y 11m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 865 resolved cases by this examiner. Grant probability derived from career allowance rate.

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