Prosecution Insights
Last updated: April 19, 2026
Application No. 18/414,951

SYSTEMS, METHODS, AND DEVICES FOR PACKET DATA CONVERGENCE PROTOCOL (PDCP) OUT-OF-ORDER DELIVERY

Non-Final OA §102§103
Filed
Jan 17, 2024
Examiner
ZUNIGA ABAD, JACKIE
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
553 granted / 727 resolved
+18.1% vs TC avg
Strong +24% interview lift
Without
With
+23.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
37 currently pending
Career history
764
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 727 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1-20 are presented for examination. Claims 5 and 14 are amended. 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 . Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/11/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings were received on 07/17/2024. These drawings are acceptable. Claim Objections Claims 17 and 19 are objected to because of the following informalities: Claim 17 discloses “wherein an uplink (UL) PDU” in line 1. For clarity and consistency, it is suggested to include the definition of the acronym “PDU” as described in the specification. Claim 19 discloses similar limitations and is therefore objected for the same reason as indicated above. Appropriate correction is required. 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. Claim(s) 1, 2, 5, 6, 8-16, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hande et al., (hereinafter Hande), U.S. Publication No. 2022/0038955. As per claim 1, Hande discloses a baseband processor [fig. 8, 9, paragraphs 0068, 0075, 0085, a baseband processor (a processing system/apparatus)], comprising: one or more processors [fig. 8, 9, paragraphs 0068, 0075, 0078, 0085, 0088, 0093, 0099, one or more processors (the circuitry included in the processor)] configured to: provide User Equipment (UE) capability information including an indication of whether the UE is capable of communicating information as out-of-order traffic [fig. 11, paragraphs 0073, 0093-0096, provide User Equipment (UE) capability information including an indication of whether the UE is capable of communicating information as out-of-order traffic (if the UE-side PDCP-OOOD configuration is used)], wherein the out-of-order traffic comprises selective out-of-order delivery (OOD) or per-packet OOD [paragraphs 0073, 0093-0096, wherein the out-of-order traffic comprises selective out-of-order delivery (OOD) or per-packet OOD (selectively configure PDCP-OOOD for activation; configured for a UE to determine if the PDCP layer can deliver packets out of order)]; receive an OOD configuration [paragraphs 0032, 0093-0096, 0098, receive an OOD configuration (one or more configuration parameters from the wireless network; receives downlink control information)]; and communicate information as in-order traffic and out-of-order traffic based on the OOD configuration [paragraphs 0056, 0073, 0098, communicate information as in-order traffic and out-of-order traffic based on the OOD configuration (in-order delivery of packets; activate and/or deactivate OOOD for the data; OOOD may be activated/deactivated for downlink traffic)]. As per claim 2, Hande discloses the baseband processor of claim 1, wherein the out-of-order traffic comprises at least one of: one or more packet data units (PDUs),one or more PDU set types, one or more packet data convergence protocol (PDCP) service data units (SDUs),one or more service data adaptation protocol (SDAP) service data units (SDUs),one or more traffic flows, one or more service data flows (SDFs), or one or more quality of service (QoS) flows [paragraphs 0056, 0059, 0066, 0067, one or more packet data units (PDUs); one or more traffic flows, one or more service data flows (SDFs), or one or more quality of service (QoS) flows (PDU session 412 may include one or more data flows; service data unit (SDU) may be delivered to the PDCP layer; packets from a service data flow (SDF) to the first QoS flow, and packets from other SDFs to respective other QoS flows)]. As per claim 5, Hande discloses the baseband processor of claim 1, wherein the in-order traffic and the out-of-order traffic correspond to a same quality flow identifier (QFI) [paragraphs 0062, 0064, 0070, 0088, wherein the in-order traffic and the out-of-order traffic correspond to a same quality flow identifier (QFI) (QoS flow to DRB mapping by NB 408 is based on the QFI and the associated QoS profiles (i.e., QoS parameters and QoS characteristics); the QFI flow and DRB shared with other traffic)]. As per claim 6, Hande discloses the baseband processor of claim 5, wherein headers of packets of the out-of-order traffic comprise an out-of-order flag [paragraphs 0064, 0093, 0098, wherein headers of packets of the out-of-order traffic comprise an out-of-order flag (determine one or more configuration parameters for each set of PDCP-OOOD flow indicating if a network RRC-configured flag for PDCP-OOOD enablement; a QoS Flow ID (QFI) carried in an encapsulation header)]. As per claim 8, Hande discloses the baseband processor of claim 1, wherein the in-order traffic corresponds to a first QFI and the out-of-order traffic correspond to a second QFI being different than the first QFI [Abstract, paragraphs 0064, 0071, 0072, 0088, 0092, wherein the in-order traffic corresponds to a first QFI and the out-of-order traffic correspond to a second QFI being different than the first QFI (one or more distinct QFI flows 614; the QFI flow and DRB is not shared with other traffic)]. As per claim 9, Hande discloses the baseband processor of claim 8, wherein the in-order traffic is configured to be identified by a packet data convergence protocol (PDCP) receiver based on the first QFI and the out-of-order traffic is configured to be identified by the PDCP receiver based on the second QFI [fig. 11, paragraphs 0008, 0060, 0064, 0081, 0092, 0093, 0097, wherein the in-order traffic is configured to be identified by a packet data convergence protocol (PDCP) receiver based on the first QFI and the out-of-order traffic is configured to be identified by the PDCP receiver based on the second QFI (the UE may identify data from the wireless network that matches the one or more configuration parameters; mapping by NB 408 is based on the QFI and the associated QoS profiles (i.e., QoS parameters and QoS characteristics); processing circuitry 841 may include one or more transmit/receive chains; determine IP flows associated with application provided QFIs)]. As per claim 10, Hande discloses the baseband processor of claim 1, wherein the one or more processors are further configured to: using one or more upper layers of the UE, provide one or more lower layers of the UE with an indication of which traffic is configured for OOD [fig. 3, paragraphs 0054, 0055, 0067, 0070, 0073, using one or more upper layers of the UE, provide one or more lower layers of the UE with an indication of which traffic is configured for OOD (PDCP layer 314 provides packet sequence numbering, in-order delivery of packets, retransmission of PDCP protocol data units (PDUs), and transfer of upper layer data packets to lower layers)]. As per claim 11, Hande discloses the baseband processor of claim 1, wherein the one or more processors are further configured to identify information as in-order traffic or out-of-order traffic based on the OOD configuration [paragraphs 0005, 0064, 0097, identify information as in-order traffic or out-of-order traffic based on the OOD configuration (identifying data from the wireless network that matches the one or more configuration parameters and activating out-of-order delivery (OOOD) for the data)]. As per claim 12, Hande discloses the baseband processor of claim 1, wherein the out-of-order traffic is indicated based on at least one of: a property of a corresponding QoS flow, a property of a corresponding PDU set or a PDU set type, a property of a corresponding traffic flow or a SDF, a property of a packet header on a per-packet basis, or a property of a packet header field of an upper layer payload [paragraphs 0056, 0059, 0064, 0066, 0067, 0070, 0088, a property of a corresponding QoS flow, a property of a corresponding PDU set or a PDU set type, a property of a corresponding traffic flow or a SDF, a property of a packet header on a per-packet basis, or a property of a packet header field of an upper layer payload (QoS flow 418a-418c is identified within the PDU session 412 by a QoS Flow ID (QFI) carried in an encapsulation header; PDU session 412 may include one or more data flows; service data unit (SDU) may be delivered to the PDCP layer; packets from a service data flow (SDF) to the first QoS flow, and packets from other SDFs to respective other QoS flows)]. As per claim 13, Hande discloses the baseband processor of claim 1, wherein the one or more processors are further configured to: receive a radio resource control (RRC) message to configure a packet data convergence protocol (PDCP) and a data radio bearer (DRB) for the selective OOD or the per-packet OOD [paragraphs 0064, 0065, 0070, 0093, receive a radio resource control (RRC) message to configure a packet data convergence protocol (PDCP) and a data radio bearer (DRB) for the selective OOD or the per-packet OOD (determine one or more configuration parameters for each set of PDCP-OOOD flow indicating if a network RRC-configured flag for PDCP-OOOD enablement is used; NB 408 may configure by RRC an uplink QoS Flow to DRB mapping)]. As per claim 14, Hande discloses a method for a base station [paragraphs 0030, 0032, 0042, a method for a base station (a scheduling entity (e.g., a base station 108) allocates resources for communication)], comprising: receiving User Equipment (UE) capability information including an indication of whether the UE is capable of communicating information as out-of-order traffic [fig. 11, paragraphs 0073, 0093-0096, receiving User Equipment (UE) capability information including an indication of whether the UE is capable of communicating information as out-of-order traffic (if the UE-side PDCP-OOOD configuration is used)], wherein the out-of-order traffic comprises selective out-of-order delivery (OOD) or per-packet OOD [paragraphs 0073, 0093-0096, wherein the out-of-order traffic comprises selective out-of-order delivery (OOD) or per-packet OOD (selectively configure PDCP-OOOD for activation; configured for a UE to determine if the PDCP layer can deliver packets out of order)]; transmitting an OOD configuration to the UE based on the UE capability information [paragraphs 0032, 0093-0096, 0098, transmitting an OOD configuration to the UE based on the UE capability information (one or more configuration parameters from the wireless network; receives downlink control information)]; and communicating information as in-order traffic and out-of-order traffic with the UE based on the OOD configuration [paragraphs 0056, 0073, 0098, communicating information as in-order traffic and out-of-order traffic with the UE based on the OOD configuration (in-order delivery of packets; activate and/or deactivate OOOD for the data; OOOD may be activated/deactivated for downlink traffic)]. As per claim 15, Hande discloses the method of claim 14, further comprising: configuring, via the OOD configuration, selective OOD or per-packet OOD based on the UE capability information [paragraphs 0073, 0093-0096, 0098, configuring, via the OOD configuration, selective OOD or per-packet OOD based on the UE capability information (one or more configuration parameters from the wireless network; receives downlink control information; selectively configure PDCP-OOOD for activation; configured for a UE to determine if the PDCP layer can deliver packets out of order)]. As per claim 16, Hande discloses the method of claim 14, further comprising: transmitting a radio resource control (RRC) message to the UE to configure a packet data convergence protocol (PDCP) and a data radio bearer (DRB) for the selective OOD or the per-packet OOD [paragraphs 0064, 0065, 0070, 0093, transmitting a radio resource control (RRC) message to the UE to configure a packet data convergence protocol (PDCP) and a data radio bearer (DRB) for the selective OOD or the per-packet OOD (determine one or more configuration parameters for each set of PDCP-OOOD flow indicating if a network RRC-configured flag for PDCP-OOOD enablement is used; NB 408 may configure by RRC an uplink QoS Flow to DRB mapping)]. As per claim 20, Hande discloses a User Equipment (UE) [fig. 8, 9, paragraphs 0068, 0074, 0075, 0085, a User Equipment (the scheduled entity 800 may be a user equipment (UE))], comprising: a memory; radio front end circuitry; and processor circuitry, coupled to the radio front end circuitry and the memory, the processor circuitry configured to execute instructions stored in the memory [fig. 8, 9, paragraphs 0068, 0075, 0076, 0078, 0085, 0088, 0093, 0099, a memory; radio front end circuitry; and processor circuitry, coupled to the radio front end circuitry and the memory, the processor circuitry configured to execute instructions stored in the memory (the circuitry included in the processor; processor 804 is responsible for managing the bus 802 and general processing, including the execution of software stored on the computer-readable medium 806; the transceiver 810 that receives the information)] to cause the UE to: transmit User Equipment (UE) capability information including an indication of whether the UE is capable of communicating information as out-of-order traffic [fig. 11, paragraphs 0073, 0093-0096, transmit User Equipment (UE) capability information including an indication of whether the UE is capable of communicating information as out-of-order traffic (if the UE-side PDCP-OOOD configuration is used)], wherein the out-of-order traffic comprises selective out-of-order delivery (OOD) or per-packet OOD [paragraphs 0073, 0093-0096, wherein the out-of-order traffic comprises selective out-of-order delivery (OOD) or per-packet OOD (selectively configure PDCP-OOOD for activation; configured for a UE to determine if the PDCP layer can deliver packets out of order)]; receive an OOD configuration [paragraphs 0032, 0093-0096, 0098, receive an OOD configuration (one or more configuration parameters from the wireless network; receives downlink control information)]; and communicate information as in-order traffic and out-of-order traffic based on the OOD configuration [paragraphs 0056, 0073, 0098, communicate information as in-order traffic and out-of-order traffic based on the OOD configuration (in-order delivery of packets; activate and/or deactivate OOOD for the data; OOOD may be activated/deactivated for downlink traffic)]. 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. Claim(s) 3, 4, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hande, in view of Sunkada Gopinath et al., (hereinafter Sunkada), U.S. Publication No. 2023/0412514. As per claim 3, Hande discloses the baseband processor of claim 1, wherein the traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows [fig. 4, 11, paragraphs 0059, 0073, 0094, 0097, 0098, wherein the traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows (activate and/or deactivate OOOD for the data from the wireless network that matches the one or more configuration parameters; applying different handling to different traffic flows in the network)]. Hande does not explicitly disclose wherein the in-order traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows. However, Sunkada teaches wherein the in-order traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows [fig. 1, 2B, 11, paragraphs 0008, 0067, 0068, 0071, 0072, 0074, wherein the in-order traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows (INORDER Packets of the IP Flow 1; the out of order in another IP flow 2)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the processor described in Hande by including the in-order traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows as taught by Sunkada because it would provide the Hande's processor with the enhanced capability of improving user experience with higher throughput [Sunkada, paragraph 0096]. As per claim 4, Hande discloses the baseband processor of claim 1, wherein the traffic comprises a primary QoS flow and the out-of-order traffic comprises a secondary QoS flow [paragraphs 0066, 0098, wherein the traffic comprises a primary QoS flow and the out-of-order traffic comprises a secondary QoS flow (the UE may be configured to map a first QoS flow and a second QoS flow)]. Hande does not explicitly disclose wherein the in-order traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows. However, Sunkada teaches wherein the in-order traffic comprises a primary QoS flow and the out-of-order traffic comprises a secondary QoS flow [fig. 1, 2B, 11, paragraphs 0008, 0067, 0068, 0071, 0072, 0074, wherein the in-order traffic comprises a primary QoS flow and the out-of-order traffic comprises a secondary QoS flow (INORDER Packets of the IP Flow 1; the out of order in another IP flow 2)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the processor described in Hande by including the in-order traffic comprises a primary QoS flow and the out-of-order traffic comprises a secondary QoS flow as taught by Sunkada because it would provide the Hande's processor with the enhanced capability of improving user experience with higher throughput [Sunkada, paragraph 0096]. As per claim 7, Hande discloses the baseband processor of claim 5, wherein the one or more processors are further configured to identify a packet of the out-of-order traffic [paragraphs 0008, 0069, 0088, 0097, 0101, identify a packet of the out-of-order traffic (identify data from the wireless network that matches the one or more configuration parameters and activate out-of-order delivery (OOOD) for the data; process traffic mapping an packet filtering)]. Hande does not explicitly disclose identify a packet by deep packet inspection (DPI). However, Sunkada teaches identify a packet by deep packet inspection (DPI) [fig. 1, 2B, 11, paragraphs 0083, 0094, 0095, wherein the in-order traffic comprises a first type of PDU sets or QoS flows, and the out-of-order traffic comprises a second type of PDU sets or QoS flows (identify the Flow IDs based on a deep packet inspection)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the processor described in Hande by including identify a packet by deep packet inspection as taught by Sunkada because it would provide the Hande's processor with the enhanced capability of improving user experience with higher throughput [Sunkada, paragraph 0096]. Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hande, in view of Pan, U.S. Publication No. 2021/0352521. As per claim 17, Hande discloses the method of claim 14, Hande does not explicitly disclose wherein an uplink (UL) PDU session information is configured to enable a user plane function (UPF) to receive control information elements (IEs) associated with a transfer of packets over an N3 interface, and downlink (DL) PDU session information is configured to enable the base station to receive control IEs associated with a transfer of packets over an N3 interface. However, Pan teaches wherein an uplink (UL) PDU session information is configured to enable a user plane function (UPF) to receive control information elements (IEs) associated with a transfer of packets over an N3 interface, and downlink (DL) PDU session information is configured to enable the base station to receive control IEs associated with a transfer of packets over an N3 interface [paragraphs 0047, 0059, 0062-0064, 0068, 0103, 0113, 0115, 0132, 0202, wherein an uplink (UL) PDU session information is configured to enable a user plane function (UPF) to receive control information elements (IEs) associated with a transfer of packets over an N3 interface, and downlink (DL) PDU session information is configured to enable the base station to receive control IEs associated with a transfer of packets over an N3 interface (control element information; the UL PDU, and selects the N3 tunnel; DL packets corresponding to this SDF, the UPF may set the RQI bit in the encapsulation header on the N3 reference point)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the processor described in Hande by including user plane function (UPF) to receive control information elements (IEs) as taught by Pan because it would provide the Hande's processor with the enhanced capability of improving scheduling in a wireless communication system [Pan, paragraph 0002]. As per claim 18, Hande discloses the method of claim 14, Hande does not explicitly disclose wherein the out-of-order traffic is indicated using a quality of service (QoS) flow information element (IE) via an N2 interface. However, Pan teaches wherein the out-of-order traffic is indicated using a quality of service (QoS) flow information element (IE) via an N2 interface [paragraphs 0057, 0136, 0139, 0140, 0158, 0167, wherein the out-of-order traffic is indicated using a quality of service (QoS) flow information element (IE) via an N2 interface (N2 signalling is required at the time traffic for the corresponding QoS flows; possible out-of-order delivery when re-mapping a QoS-Flow to a different DRB)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the processor described in Hande by including using a quality of service (QoS) flow information element (IE) via an N2 interface as taught by Pan because it would provide the Hande's processor with the enhanced capability of improving scheduling in a wireless communication system [Pan, paragraph 0002]. As per claim 19, Hande discloses the method of claim 14, Hande does not explicitly disclose wherein an OOD is configured to be indicated in UL PDU session information on a per-packet basis using a 1-bit field. However, Pan teaches wherein an OOD is configured to be indicated in UL PDU session information on a per-packet basis using a 1-bit field [paragraphs 0113, 0114, 0120, 0164, wherein an OOD is configured to be indicated in UL PDU session information on a per-packet basis using a 1-bit field (one-bit indication in the DL header; the bit is set to 1; the SDAP header would need to indicate with one bit the presence of the “QoS Flow ID”; PDCP Data PDU with P bit set to 1 is received)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the processor described in Hande by including using a 1-bit field as taught by Pan because it would provide the Hande's processor with the enhanced capability of improving scheduling in a wireless communication system [Pan, paragraph 0002]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jo et al., U.S. Publication No. 2021/0204160 discloses out-of-sequence delivery when the QoS flow to DRB mapping rules is changed. Yi et al., U.S. Publication No. 2019/0319893 discloses the PDCP entity can supports out-of-order delivery. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACKIE ZUNIGA ABAD whose telephone number is (571)270-7194. The examiner can normally be reached Monday - Friday, 8:00am - 4:00pm. 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, IAN MOORE can be reached at 571-272-3085. 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. /JACKIE ZUNIGA ABAD/ Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Jan 17, 2024
Application Filed
Nov 11, 2024
Response after Non-Final Action
Feb 25, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
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Grant Probability
99%
With Interview (+23.9%)
3y 5m
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