Prosecution Insights
Last updated: April 19, 2026
Application No. 18/491,567

DATA TRANSMISSION METHOD, AND APPARATUS

Final Rejection §103
Filed
Oct 20, 2023
Examiner
YUEN, KAN
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
738 granted / 833 resolved
+30.6% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
27 currently pending
Career history
860
Total Applications
across all art units

Statute-Specific Performance

§101
6.6%
-33.4% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 833 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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 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. 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) 1-4, 8-13, 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2023/0074899) in view of Lohr et al. (Pub No.: 2018/0310202). Regarding claim 1, Wang et al. discloses a communication apparatus (read as the base station in para. 0036), comprising: at least one processor (see processor 510 in fig. 12); and a memory (see storage apparatus 520 fig. 12) coupled to the at least one processor and configured to store programming instructions that, when executed by the at least one processor, cause the communication apparatus to: send a first message (see path switching configuration information including the switching instruction information is sent through an RRC reconfiguration message in para. 0031, 0066) to a remote terminal device (read as UE1 in para. 0036), wherein the first message indicates to the remote terminal device to switch from being connected to a first network device (read as the base station in para. 0036) through a first path (see the path connected to the base station through a first relay in para. 0036) to being connected to a second network device (read as the base station/different base station in para. 0036) through a second path (see the path connected to the base station through a second relay in para. 0036), wherein the first network device and second network device are different network devices (see different base stations in para. 0036), the first path comprises at least one relay terminal device, and the second path comprises at least one relay terminal device or does not comprise a relay terminal device (Wang et al. see fig. 2, steps 110 and 120; fig. 9 step 210; para. 0031, 0032, 0036, 0066, 0111, 0114; For example, before switch, the UE1 communicates with a base station through a first relay, after switch, the UE1 communicates with the base station through a second relay, and a service forwarded through the first relay is switched to a link forwarded through the second relay, where the base station corresponding to the first relay and the base station corresponding to the second relay may be the same station or different ones). The base station transmits RRC reconfiguration message which includes path switching configuration information (e.g., the switching instruction information) to the UE1, which instructs the UE1 to switch from the first path associated with the base station and a first relay to the second path associated with the base station or different base station and a second relay. However, Wang et al. does not explicitly disclose the feature wherein the first message comprises first information, the first information indicates a receiving status of a PDCP entity of the first network device, the receiving status of the first PDCP entity is an actual data packet receiving status of the first network device. Lohr et al. from the same or similar fields of endeavor discloses the feature wherein the first message comprises first information, the first information indicates a receiving status of a PDCP entity of the first network device (Lohr et al. see para. 0090; According to one or more implementations, the network entity sends a PDCP status report for the split bearer together with the indication to configure/switch the link for uplink PDCP PDU transmission.). The network entity transmits a link switch configuration information indicating link switching and PDCP status report of the network entity (e.g., PDCP entity), wherein the PDCP status report indicates the receiving PDCP status of the network entity (PDCP entity). the receiving status of the first PDCP entity is an actual data packet receiving status of the first network device (Lohr et al. see para. 0090; According to a further implementation, the UE upon reception of the PDCP status report retransmits the PDCP SDUs not yet acknowledged by the network entity via the link/leg indicated to be used for uplink data transmission.). The PDCP status report indicates the receiving status of PDCP SDUs not received by the network entity, wherein the PDCP SDUs are the actual data packets. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure path switching configuration information of Wang et al. and to implement with the link switch configuration information of Lohr et al. wherein the link switch configuration information of Lohr et al. also comprises the PDCP status report of the network entity, wherein the status is the actual PDCP SDUs packets. The motivation would be to improve transmission efficiency. Claim 16 is directed to a computer readable storage medium (Wang see para. 00010), which is rejected similarly to claim 1. Regarding claim 9, Wang et al. discloses a communication apparatus (read as UE1 in para. 0036), comprising: at least one processor (see processor 510 in fig. 12); and a memory (see storage apparatus 520 fig. 12) coupled to the at least one processor and configured to store programming instructions that, when executed by the at least one processor, cause the communication apparatus to implement a method including: receiving a first message (see path switching configuration information including the switching instruction information is sent through an RRC reconfiguration message in para. 0031, 0066) sent by a first network device (read as the base station in para. 0036), wherein the first message indicates to the remote terminal device to switch from being connected to the first network device through a first path (see the path connected to the base station through a first relay in para. 0036) to being connected to a second network device (read as the base station/different base station in para. 0036) through a second path (see the path connected to the base station through a second relay in para. 0036), wherein the first network device and second network device are different network devices (see different base stations in para. 0036), the first path comprises at least one relay terminal device, and the second path comprises at least one relay terminal device or does not comprise a relay terminal device (Wang et al. see fig. 2, steps 110 and 120; para. 0031, 0032, 0036, 0066; For example, before switch, the UE1 communicates with a base station through a first relay, after switch, the UE1 communicates with the base station through a second relay, and a service forwarded through the first relay is switched to a link forwarded through the second relay, where the base station corresponding to the first relay and the base station corresponding to the second relay may be the same station or different ones). The UE1 receives the RRC reconfiguration message which includes the path switching configuration information (e.g., the switching instruction information) from the base station, which instructs the UE1 to switch from the first path associated with the base station and a first relay to the second path associated with the base station or different base station and a second relay; and performing, by a second PDCP entity (read as the PDCP data recovery in para. 0053), data transmission on the second path based on a first information or PDCP status report information (Wang et al. see para. 0053-0055; In this case, if path switch is performed, the UE1 performs PDCP data recovery and submits the first packet (packet 3) not acknowledged by the relay and subsequent packets to a Uu interface for direct transmission to the base station (NW).). Thus, after the path switching, the UE1 performs PDCP data recovery/entity based on retransmission instruction. However, Wang et al. does not explicitly disclose the feature wherein the first message comprises first information, the first information indicates a receiving status of a PDCP entity of the first network device, the receiving status of the first PDCP entity is an actual data packet receiving status of the first network device. Lohr et al. from the same or similar fields of endeavor discloses the feature wherein the first message comprises first information, the first information indicates a receiving status of a PDCP entity of the first network device (Lohr et al. see para. 0090; According to one or more implementations, the network entity sends a PDCP status report for the split bearer together with the indication to configure/switch the link for uplink PDCP PDU transmission.). The network entity transmits a link switch configuration information indicating link switching and PDCP status report of the network entity (e.g., PDCP entity), wherein the PDCP status report indicates the receiving PDCP status of the network entity (PDCP entity). the receiving status of the first PDCP entity is an actual data packet receiving status of the first network device (Lohr et al. see para. 0090; According to a further implementation, the UE upon reception of the PDCP status report retransmits the PDCP SDUs not yet acknowledged by the network entity via the link/leg indicated to be used for uplink data transmission.). The PDCP status report indicates the receiving status of PDCP SDUs not received by the network entity, wherein the PDCP SDUs are the actual/real data packets. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure path switching configuration information of Wang et al. and to implement with the link switch configuration information of Lohr et al. wherein the link switch configuration information of Lohr et al. also comprises the PDCP status report of the network entity, wherein the status is the actual PDCP SDUs packets. The motivation would be to improve transmission efficiency. Regarding claims 2, 17, Wang et al. discloses the feature wherein the receiving status of the first PDCP entity is used for data transmission of a second PDCP entity of the remote terminal device (Wang et al. see para. 0053; In this case, if path switch is performed, the UE1 performs PDCP data recovery and submits the first packet (packet 3) not acknowledged by the relay and subsequent packets to a Uu interface for direct transmission to the base station (NW).). Thus, after the path switching, the UE1 performs PDCP data recovery/entity based on retransmission instruction. Regarding claims 3, 10, 18, Wang et al. discloses the feature wherein the first information indicates a sequence number or a count of a first data packet unsuccessfully received by the first PDCP entity; the first information indicates a sequence number or a count of a data packet unsuccessfully received by the first PDCP entity; the first information indicates a sequence number or a count of a data packet successfully received by the first PDCP entity; the first information indicates a sequence number or a count of a last data packet successfully received by the first PDCP entity; or the first information indicates a value obtained by adding 1 to a maximum sequence number or count of a data packet successfully received by the first PDCP entity (Wang et al. see para. 0054, 0055, 0060, 0066; the path switching method further includes: receiving a first PDCP status report sent by the base station; and retransmitting the data packets not received successfully indicated in the first PDCP status report. In para. 0066, … optionally including the DRB PDCP retransmission indication. On this basis, the base station can send the first PDCP status report to the UE1, so as to indicate whether there are unacknowledged data packets, the UE1 retransmits these data packets if yes, and the UE1 transmits new data otherwise, thus ensuring lossless transmission.). Thus, the switching instruction information further includes PDCP retransmission instruction (e.g., further receiving PDCP status report) for indicating the unacknowledged data packets. Regarding claims 4, 11, 19, Wang et al. discloses the feature wherein the first message further comprises information about a data radio bearer corresponding to the first information, or the first message further comprises information indicating the first PDCP entity (Wang et al. see para. 0042, 0066; the switching instruction information includes at least one of: a switching instruction; a relay identifier; a ToS for switching; a protocol data unit (PDU) session identifier for switching; a data radio bearer (DRB) for switching; quality of service (QoS) flow information for switching; or a DRB packet data convergence protocol (PDCP) retransmission instruction.). Regarding claim 8, Wang et al. discloses the feature wherein the second network device and the first network device are a same network device, or the second network device and the first network device are different network devices (Wang et al. see para., 0036; where the base station corresponding to the first relay and the base station corresponding to the second relay may be the same station or different ones.). Regarding claim 12, Wang et al. discloses the feature wherein the performing, by the second PDCP entity, data transmission on the second path based on the first information comprises: performing, by the second PDCP entity, data transmission on the second path based on the first information and the information about the data radio bearer corresponding to the first information (Wang et al. see para. 0042, 0053, 0066; in para. 0053, …; In this case, if path switch is performed, the UE1 performs PDCP data recovery and submits the first packet (packet 3) not acknowledged by the relay and subsequent packets to a Uu interface for direct transmission to the base station (NW). In para. 0042, …the switching instruction information includes at least one of: a switching instruction; a relay identifier; a ToS for switching; a protocol data unit (PDU) session identifier for switching; a data radio bearer (DRB) for switching…). The UE1 performs PDCP data recovery on the second path based on switching instruction information including at least one of: a switching instruction; a relay identifier; a ToS for switching; a protocol data unit (PDU) session identifier for switching; a data radio bearer (DRB) for switching; quality of service (QoS) flow information for switching; or a DRB packet data convergence protocol (PDCP) retransmission instruction. Regarding claim 13, Wang et al. discloses the feature wherein the performing, by the second PDCP entity, data transmission on the second path based on the first information comprises: based on the second PDCP entity being a PDCP entity corresponding to an acknowledged mode data radio bearer (AM DRB), retransmitting or transmitting, by the second PDCP entity, based on the first information and starting from the first unsuccessfully received data packet, data packets in ascending order of counts of the data packets (Wang et al. see para. 0042, 0053, 0060, 0066; in para. 0042, …the switching instruction information includes at least one of: …a DRB packet data convergence protocol (PDCP) retransmission instruction; in para. 0053, …; In this case, if path switch is performed, the UE1 performs PDCP data recovery and submits the first packet (packet 3) not acknowledged by the relay and subsequent packets to a Uu interface for direct transmission to the base station (NW). In para. 0060, …he instruction information of the PC5 RRC message sent by the relay to the UE1 includes at least one of: an RLF indication; sequence numbers (PDCP SN) of the data packets which have not been forwarded to the base station, which may be the smallest PDCP SN or COUNT values in ascending order). Thus, after the path switching, the UE1 performs PDCP data recovery based on the DRB PDCP retransmission instruction on unacknowledged packets in ascending order. Claim(s) 5, 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2023/0074899) in view of Lohr et al. (Pub No.: 2018/0310202) as applied to claim 1, 9 or 16 above, and further in view of Kim et al. (Pub No.: 2021/0136635). Regarding claims 5, 20, Wang et al. in view of Lohr et al. does not explicitly disclose the feature wherein the first message further comprises first indication information, and the first indication information indicates to re-establish a first radio link control RLC entity. Kim et al. from the same or similar fields of endeavor discloses the feature wherein the first message further comprises first indication information, and the first indication information indicates to re-establish a first radio link control RLC entity (Kim et al. see para. 0395; When an RLC re-establishment procedure is configured in the RLC layer configuration information configured in the handover command message, the UE may perform the RLC re-establishment procedure on an RLC layer corresponding to a bearer identifier indicated in the RLC layer configuration information). The handover command (e.g., path switching instruction) includes RLC layer configuration information for configuring RLC re-establishment procedure. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Lohr et al. and to implement with the feature as taught by Kim et al. where the handover command (e.g., path switching instruction) includes RLC layer configuration for configuring RLC re-establishment. The motivation would be to improve transmission reliability. Regarding claim 14, Kim et al. discloses the feature wherein the first message further comprises first indication information, the first indication information indicates to re-establish a first radio link control RLC entity, and the method further comprises: re-establishing the first RLC entity based on the first indication information (Kim et al. see para. 0395; When an RLC re-establishment procedure is configured in the RLC layer configuration information configured in the handover command message, the UE may perform the RLC re-establishment procedure on an RLC layer corresponding to a bearer identifier indicated in the RLC layer configuration information). The handover command (e.g., path switching instruction) includes RLC layer configuration information for configuring RLC re-establishment procedure. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Lohr et al. and to implement with the feature as taught by Kim et al. where the handover command (e.g., path switching instruction) includes RLC layer configuration for configuring RLC re-establishment. The motivation would be to improve transmission reliability. Claim(s) 6, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2023/0074899) in view of Lohr et al. (Pub No.: 2018/0310202) as applied to claim 1, 9 or 16 above, and further in view of Zhang et al. (Pub No.: 2015/0139192). Regarding claim 6, Wang et al. in view of Lohr et al. does not explicitly disclose the feature wherein the first message further comprises first configuration information, the first configuration information is used to configure a first radio link control (RLC) bearer and a first association relationship, and the first association relationship is an association relationship between the first RLC bearer and a second PDCP entity of the remote terminal device. Zhang et al. from the same or similar fields of endeavor discloses the feature wherein the first message further comprises first configuration information, the first configuration information is used to configure a first radio link control (RLC) bearer and a first association relationship, and the first association relationship is an association relationship between the first RLC bearer and a second PDCP entity of the remote terminal device (Zhang et al. see para. 0079-0081; The user equipment 20 configures new RLC entities according to the configuration information in the RRC reconfiguration message, creates a mapping relationship between the original PDCP and the new RLC entities). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Lohr et al. and to implement with the feature as taught by Zhang et al. where the UE receives RRC reconfiguration message and to configure RLC entities and creates a mapping relationship between the RLC entities and the PDCP. The motivation would be to reduce transmission interruption. Regarding claim 15, Zhang et al. discloses the feature wherein the first message further comprises first configuration information, the first configuration information is used to configure a first RLC bearer and a first association relationship, the first association relationship is an association relationship between the first RLC bearer and the second PDCP entity of the remote terminal device, and the method further comprises: configuring the first RLC bearer and the first association relationship based on the first configuration information (Zhang et al. see para. 0079-0081; The user equipment 20 configures new RLC entities according to the configuration information in the RRC reconfiguration message, creates a mapping relationship between the original PDCP and the new RLC entities). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Lohr et al. and to implement with the feature as taught by Zhang et al. where the UE receives RRC reconfiguration message and to configure RLC entities and creates a mapping relationship between the RLC entities and the PDCP. The motivation would be to reduce transmission interruption. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2023/0074899) in view of Lohr et al. (Pub No.: 2018/0310202) as applied to claim 1, 9 or 16 above, and further in view of Paladugu et al. (Pub No.: 2021/0243829). Regarding claim 7, Wang et al. in view of Lohr et al. does not explicitly disclose the feature to send second configuration information to a first relay terminal device, wherein the second configuration information indicates to re-establish a radio link control (RLC) entity; and/or send third configuration information to a first relay terminal device, wherein the third configuration information indicates to reconfigure an adaptation layer, wherein the first relay terminal device is one of the at least one relay terminal device on the first path. Paladugu et al. from the same or similar fields of endeavor discloses the feature to send second configuration information to a first relay terminal device, wherein the second configuration information indicates to re-establish a radio link control (RLC) entity; and/or send third configuration information to a first relay terminal device, wherein the third configuration information indicates to reconfigure an adaptation layer, wherein the first relay terminal device is one of the at least one relay terminal device on the first path (Paladugu et al. see fig. 8, 820; para. 0128, 0216; a radio access stratum configuration that is provided via a radio resource control reconfiguration message, and wherein the radio resource control reconfiguration message includes an adaptation layer entity configuration). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Lohr et al. and to implement with the feature as taught by Paladugu et al. to cause a relay UE to configure an adaptation layer. The motivation would be to increase network compatibility. Examiner's Note The Applicant is welcome to request a telephonic interview if the Applicant has any questions or requires any additional information that would further or expedite the prosecution of the application. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chang et al. (Pub No.: 2022/0303840) discloses a cell handover method and user equipment. The cell handover method comprises: the UE receiving a handover command for instructing the UE to perform an enhanced handover mechanism; performing, on the basis of a Radio Resource Control (RRC) configuration included in the handover command, RRC configuration operations corresponding to communication between the UE and a source cell and communication between the UE and a target cell; the UE performing access to the target base station while maintaining a data transmission connection to the source base station; and the UE performing an uplink path switching operation on a data radio bearer (DRB) configured with the enhanced handover mechanism, and switching an uplink transmission path from the source cell to the target cell for the DRB. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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 KAN YUEN whose telephone number is (571)270-1413. The examiner can normally be reached Monday - Friday 10:30am-7pm. 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, Ricky Ngo can be reached at 571-272-3139. 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. /KAN YUEN/Primary Examiner, Art Unit 2464
Read full office action

Prosecution Timeline

Oct 20, 2023
Application Filed
Jan 03, 2024
Response after Non-Final Action
Nov 10, 2025
Non-Final Rejection — §103
Jan 28, 2026
Response Filed
Mar 05, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+14.0%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
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