Prosecution Insights
Last updated: August 17, 2026
Application No. 18/409,135

BUFFER STATUS REPORTING MESSAGE

Final Rejection §102§103
Filed
Jan 10, 2024
Priority
Jan 24, 2023 — provisional 63/481,377
Examiner
ELPENORD, CANDAL
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
990 granted / 1103 resolved
+31.8% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
23 currently pending
Career history
1122
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
53.4%
+13.4% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1103 resolved cases

Office Action

§102 §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 . Response to Amendment Claims 1, 6, 12, 15, 17, 23, 27, 29 have been amended. Claims 5, 16, 26 have been cancelled. New claims 31-33 are presented for consideration. Response to Arguments Applicant's arguments filed on May 4, 2026 have been fully considered but they are not persuasive. The Applicant argued “that KIM does not disclose each and every feature recited in claim 1. For example, KIM does not disclose "transmit a buffer status report message regarding the data for transmission, the buffer status report message including an indication of the buffer, the indication of the buffer being encoded using a buffer status report table, wherein the buffer status report table is based at least in part on one or more of a minimum reported buffer status value or a maximum reported buffer status value, and wherein the buffer status report table is on a per logical channel group basis," as recited in amended claim 1. Independent claim 1 has been amended to incorporate features similar to previously presented claim 5. Regarding previously presented claim 5, the Office Action relies on paragraph 67 of KIM for allegedly disclosing "wherein the one or more parameter values include at least one of: a minimum reported buffer status value or a maximum reported buffer status value," as recited in previously presented claim 1. See Office Action, page 6. In response, the Examiner respectfully disagrees with Applicant’s argument in light of amendment to the claims. In particular, KIM discloses the UE and eNB can both determine the BSR value to be used whether it is the minimum buffer status reported value or maximum reported buffer status value and indicating the determined value via control signal (section 0075, 0067, 0069, 0084-0086) and the BSR table value is associated with respectively logical channel group (LCGs) (section 0067, 0087). In addition, the Examiner respectfully submits that KIM still discloses Applicant claim invention in light of the amendment to the claims. Regarding the newly added claims, the Examiner will be rejected using a new reference as shown below under 35 USC 103. The Applicant further argued that KIM does not disclose or suggest “transmit a buffer status report message regarding the data for transmission, the buffer status report message including an indication of the buffer, the indication of the buffer being encoded using a buffer status report table, wherein the buffer status report table is based at least in part on one or more of a minimum reported buffer status value or a maximum reported buffer status value, and wherein the buffer status report table is on a per logical channel group basis," as recited in amended claim 1. In response, the Examiner respectfully disagrees because Kim under the broadest reasonable interpretation discloses both the UE and the eNB determines the buffer status table from the plurality of buffer status tables that are potentially used, where each BSR relates to the maximum data rate (section 0069, 0075). The BSR table with respect to the BSR is related maximum or minimum values (e.g., BSR sizes) (section 0067) and the BSR value is per logical channel groups (section 0067). Moreover, in light of the amendment to each of the respective independent claim, the Examiner respectfully maintains that Kim still discloses the amended claim limitations because the BSR tables to be used are dynamically determined by virtue of new BSR table value (section 0084-0086) and the new BSR value can be sent via a control signal (e.g., RRC , DCI or higher-layer signaling). Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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 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. Claims 1-4, 6-15, 17-25, 27-30 are rejected under 35 U.S.C. 102 (a1) as being anticipated by KIM et al (US 2020/0137754 A1, IDS). Regarding claims 1, 23 (Currently Amended), KIM ‘7454 discloses a user equipment (UE) for wireless communication (fig. 29, UE, the UE includes a transceiver 2905, a controller 2910 coupled to control processor 2935 and layer processors 2925 and 2930, section 0184-0189), comprising: one or more memories (fig. 29, UE, the UE does implicitly comprise memory by virtue of transmittable data that is stored for each logical channel group, section 0067, 084, fig. 29, a transceiver 2905, a controller 2910 coupled to control processor 2935 and layer processors 2925 and 2930, section 0184-0189); a memory (fig. 29, UE, the UE does implicitly comprise memory by virtue of transmittable data that is stored for each logical channel group, section 0067, 084, fig. 29, a transceiver 2905, a controller 2910 coupled to control processor 2935 and layer processors 2925 and 2930, section 0184-0189);; and one or more processors (fig. 29, UE, the UE includes a transceiver 2905, a controller 2910 coupled to control processor 2935 and layer processors 2925 and 2930, section 0184-0189, coupled to the one or more memories, the one or more processors individually or collectively (fig. 29, UE, the UE includes a transceiver 2905, a controller 2910 coupled to control processor 2935 and layer processors 2925 and 2930, section 0184-0189, noted: the buffers/memory is communicatively coupled to the controller/processor) configured to: receive (see, the UE receives a control message indicating uplink carrier setting from an eB and determining a buffer status table to be newly used, section 0014, 0091, 0093-0094, fig. 4, section 0071-0072-control message/RRC message relation uplink carriers and BSR), at a buffer, data for transmission (see, if a buffer status report (BSR) is triggered, generating a MAC PDU indicating an identifier of the determined buffer status table and a BSR, section 0014, 0066-0067, number of uplink carriers set for the UE via control message, BSR table is determined, section 0084-0086, 0092-0093); and transmit a buffer status report message regarding the data for transmission (see, the UE transmits the determined buffer status table to be used for a buffer status report to the ENB, section 0013-0014, 0066-0067, 0084-0087), the buffer status report message including an indication of the buffer (see, the BSR that is triggered by the UE, the BSR for each logical channel, maximum data rate associated with the number of uplink carriers, section 0066-0067, 0069, 0074-0075), the indication of the buffer being encoded (noted: BSR with the amount of data to be inserted in MACE PDUs, the amount of the data represented in the BSR is an implicit form of encoding, section 0067-0069, 0074-0075, 0109-0110), wherein the buffer status report table is based at least in part on one or more of a minimum reported buffered status value (see, maximum value, minimum value, minimum value, data rate associated with BSR status for each logical channel groups, section 0067, 0069-BRS table with value), or a maximum reported buffer status value (section 0067, 0069-discloses BSR table with maximum values and BSR size index values that can be reported, index buffer size/values in term of number of bytes) ), using a buffer status report table (see, buffer status table depending on the maximum number of uplink carriers, index values, section 0067-0068, 0074-0075, 0086-0087) that is based at least in part on one or more parameter values (see, maximum value, minimum value, minimum value, data rate associated with BSR status for each logical channel groups, section 0067, 0069, 0074-0075), and wherein the buffer status report table is on per logical channel group basis (see, buffer status table in relation to the BSR information indicating the amount of transmittable data for each logical channel groups, section 0067, 0091-0093). Regarding claims 12, 29 (Currently Amended), KIM ‘7454 discloses a network node for wireless communication (fig. 30, ENB includes a transceiver 3005, controller 3010, control processor 3035, layer processors 3025 and 3030, section 0191-0195, the eNB instructing the UE to determines a buffer status table it will use via a RRC message, section 0013, 0075-0077), comprising: one or more memories (fig. 30, by virtue of buffer statuses, the ENB does implicitly incudes memories because of the buffer tables, the buffer tables are implicit memories that are communicatively coupled to the processor, section 0066-00069); and one or more processors (fig. 30, ENB includes a transceiver 3005, controller 3010, control processor 3035, layer processors 3025 and 3030, section 0191-0195), coupled to the one or more memories (fig. 30, by virtue of buffer statuses, the ENB does implicitly incudes memories because of the buffer tables, section 0066-0069, noted: the buffers are storage devices/memories that are communicatively coupled to the controller/processor), the one or more processors individually or collectively configured (fig. 30, ENB includes a transceiver 3005, controller 3010, control processor 3035, layer processors 3025 and 3030, section 0191-0195, noted: the buffers are storage devices/memories that are communicatively coupled to the controller/processor) to: receive (see, the UE transmits the determined buffer status table to be used for a buffer status report to the ENB, section 0013-0014, 0074-0075, 0086-0087) , from a user equipment (UE) ( see, the UE transmits the determined buffer status table to be used for a buffer status report to the ENB, section 0013-0014), a buffer status report message regarding data (see, the BSR information indicating the amount of transmittable data for each logical channel group of UE, section 0067), at a buffer of the UE (see, the UE transmits the determined buffer status table to be used for a buffer status report to the ENB, based on the RRC message section 0013-0014, 0074-0075, 0086-0087), for transmission (section 0074-0075, 0086-0087, the UE transmits its determined buffer status table in relation to a value of the maximum uplink data rate), the buffer status report message including an indication of the buffer (see, buffer status table depending on the maximum number of uplink carriers, index values, section 0067-0068, 0074-0075, 0086-0087), the indication of the buffer being encoded using a buffer status report table (see, buffer status table depending on the maximum number of uplink carriers, index values, the amount of data that is expressed by a 6-bit information indication indicating a buffer status value, section 0067-0068, noted: the buffer index values indicating amount of data/data bytes is an implicitly form of encoding), wherein the buffer status report table is based on at least in part on one or of a minimum reported buffer status value (see, maximum value, minimum value, minimum value, data rate associated with BSR status for each logical channel groups, section 0067) or a maximum reported buffer status value, (see, maximum value, minimum value, minimum value, data rate associated with BSR status for each logical channel groups, section 0067, 0069-BSR table with values, 0148),; and wherein the buffer status report table is on per logical channel group basis (see, buffer status table in relation to the BSR information indicating the amount of transmittable data for each logical channel groups, section 0067, 0087); and communicate with the UE based at least in part on a content (see, buffer status table relation to value of the maximum uplink data rate, section 0075) of the buffer status report message (see, the ENB and the UE transmits and receives of uplink transmission based on the new or determined buffer stations table, section 0074-0075). Regarding claims 2, 13, 24, 30, KIM ‘754 discloses the UE of claim 1, wherein the buffer status report message includes information identifying the buffer status report table (see bits to indicate which buffer status the UE uses in generating the BSR, transmits the BSRS, section 0014, 091-0092, 0094). Regarding claims 3, 14, KIM ‘754 discloses the UE of claim 2, wherein the information identifying the buffer status report table includes a bitmap (see, R bits “00” in the generation of the BSR, inserting of subheader in the MAC PDU, section 0091, 0093-0094) Regarding claims 4, 15, 25 (Currently Amended), KIM ‘754 discloses the UE of claim 1, wherein the one or more processors are further configured to: receive signaling (see, RRC signaling/message indicating the buffer status table or RRC controller message indicating buffer status table that is transmitted by the UE to base station, section 0071-0072, 0075, 0077) identifying the minimum buffer status value or the maximum reported buffer status value (section 0069-discloses BSR table with maximum values and BSR size index values that can be reported) via a system information transmission or a dedicated signaling transmission (see, buffer status table relation to value of the maximum uplink data rate, section 0075, see, RRC message/control message, section 0071-0072, 0075, 0077). Regarding claims 5, 16, 26 (Currently Amended), KIM ‘754 discloses the UE of claim 1, wherein the one or more parameter values (see, maximum value, minimum value, minimum value, data rate associated with BSR status for each logical channel groups, section 0067) includes at least one of: a minimum reported buffer status value (see, maximum value, minimum value, minimum value, data rate associated with BSR status for each logical channel groups, section 0067), or a maximum reported buffer status value (section 0067, 0069, 0148, see, maximum values of the buffer status table, index buffer size/values in term of number of bytes). Regarding claims 6, 17, 27 (Currently Amended), KIM ‘754 discloses the UE of claim 1, wherein the buffer status table is based at least on one or more parameter values (section 0066-0067, 0087-BRS table value and amount of transmittable data for each logical channel group), wherein the one or more parameter values are selected from a set of possible parameter values (see, maximum value, minimum value, minimum value, data rate associated with BSR status for each logical channel groups, section 0067-0069) based at least in part on at least one of a predicted data size (see, the UE transmits maximum data rate based on the BSRS status associated for each logical channel, section 0067,0068-0069), a resolution, or an encoding rate. Regarding claims 7, 18, 28, KIM ‘754 discloses the UE of claim 1, wherein the buffer status report table is based at least in part on one or more static parameters (section 0068-0069-index buffer values in terms of bytes), the one or more static parameters including at least one of a maximum quantity of step sizes or a maximum quantity of buffer status report tables (see, buffer status table whose maximum values of the of the buffer status value, the UE has a limited number of two or three status tables, section 0068-0069). Regarding claims 8, 19, KIM ‘754 discloses the UE of claim 1, wherein the one or more processors are further configured to: receive configuration information associated with configuring the buffer status report table (see, MAC control in formation with a format used to report a buffer status of UEs,, the buffer status table the UE uses in reporting a BSR, section 0067, 0087), wherein the configuration information is on a per logical channel group basis (see, logical channel groups associated with BSR, section 0109). Regarding claims 9, 20, KIM ‘754 discloses the UE of claim 8, wherein the configuration information configures the buffer status report table for a logical channel group (see, MAC control in formation with a format used to report a buffer status of UEs,, the buffer status table the UE uses in reporting a BSR, section 0067, 0087) such that a range of the buffer status report table does not overlap with any other range of any other buffer status report table for the logical channel group (see, the UE reports buffer status value for logical channel groups 1 and buffer status value of 20 for logical channel group 2, section 0148). Regarding claims 10, 21 (Currently Amended), KIM ‘754 discloses the UE of claim 1, wherein the buffer status report message is a medium access control (MAC) control element (see, MACE CE that is inserted in a MAC PDU, the MACE CE is related to BSR of the MAC layer, section 0087-0094) including at least one of: a logical channel control group indicator (see, the BSR is written the amount of the transmittable data for each logical channel group, section , section 0087), a buffer status report table indicator (see, index in the buffer status table as buffer status value, section 0087, see, table 1, table 2, Table 3 listing of buffer index values (i.e., number of bytes), section 0067-0069), or a buffer size indicator. Regarding claims 11, 22, KIM ‘754 discloses the UE of claim 1, wherein the UE is configured to select the buffer status report table from a set of available buffer status report tables based at least in part on a characteristic of the buffer (see, 0067, 068-0069, the UE may implicitly choose buffer status value (i.e., minimum, maximum) from the one or more of the buffer status tables based on the performance relating to the UE’s maximum data rate). Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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 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. 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. Claims 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al (US 2020/0137754 A1, IDS) in view of Wang et al (US 2023/0247478 A1). KIM ‘754 discloses all the claim limitations but fails to explicitly discloses: Regarding claim 31 (New), the UE of claim 1, wherein a format of the buffer status report table is based at least in part on a configuration received from a network node. Regarding claim 32 (New), the UE of claim 4, wherein the signaling comprises resource control (RRC) signaling. Regarding clam 33 (New), the network node of claim 15, wherein the signaling comprises resource control (RRC) signaling. However, Wang et al (US 2023/0247478 A1) from a similar field of endeavor (see, buffer status reporting tables associated with logical channel groups (LCGs) and mapping relation between BSR tables and LCGs, section 0115-0122, 0126) discloses: Regarding claim 31 (New), the UE of claim 1, wherein a format (see, BSR format and logical channel groups (LGCs),section 0055-0059) of the buffer status report table (see, the UE receives information that defines available BSR tables from a network node, section 0146-0147, 0144) is based at least in part on a configuration received from a network node (see, the gNB send the BSR tables to the UE using RRC signaling, section 0142, 0144). In view of the above, it 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 to implement the hard coded BSR tables where the information regarding the BSR tables to the UE via RRC signaling to the UE as taught by Wang ‘478 into the BSR method and system of Kim ‘754. The motivation would have been to provide adaptive BSR tables in order to achieve radio capacity as suggested in section 0069. Regarding claim 32 (New), the UE of claim 4, wherein the signaling comprises resource control (RRC) signaling (see, BSR tables configured to the UE via signaling such as RRC signaling, section 0126, 0142, 0144). In view of the above, it 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 to implement the hard coded BSR tables where the information regarding the BSR tables to the UE via RRC signaling to the UE as taught by Wang ‘478 into the BSR method and system of Kim ‘754. The motivation would have been to provide adaptive BSR tables in order to achieve radio capacity as suggested in section 0069. Regarding clam 33 (New), the network node of claim 15, wherein the signaling comprises resource control (RRC) signaling (see, BSR tables may be hard coded where the BSR tables are sent to the UE using RRC signaling, section 0142, 0144). In view of the above, it 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 to implement the hard coded BSR tables where the information regarding the BSR tables to the UE via RRC signaling to the UE as taught by Wang ‘478 into the BSR method and system of Kim ‘754. The motivation would have been to provide adaptive BSR tables in order to achieve radio capacity as suggested in section 0069. 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 CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 pm M-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, Kwang B Yao can be reached at 571 272-3182. 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. /CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Jan 10, 2024
Application Filed
Jul 24, 2025
Response after Non-Final Action
Feb 03, 2026
Non-Final Rejection mailed — §102, §103
Mar 25, 2026
Interview Requested
Apr 07, 2026
Applicant Interview (Telephonic)
Apr 14, 2026
Examiner Interview Summary
May 04, 2026
Response Filed
Jul 15, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+12.6%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
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