Prosecution Insights
Last updated: October 02, 2026
Application No. 18/505,142

METHOD AND DEVICE USED IN COMMUNICATION NODE FOR WIRELESS COMMUNICATION

Non-Final OA §102
Filed
Nov 09, 2023
Priority
Jul 02, 2020 — CN 202010625895.3 +1 more
Examiner
HENSON, JAMAAL R
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
Apogee Networks LLC
OA Round
7 (Non-Final)
84%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
696 granted / 825 resolved
+26.4% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
45 currently pending
Career history
875
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
45.4%
+5.4% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 825 resolved cases

Office Action

§102
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 . 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 . 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. Claim(s) 1-2, 4-7, 14-15, and 17-20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (US 2021/0227586 A1). Regarding claims 1 and 14, Huang discloses: a user equipment (fig.1 depicts a user equipment which is configured to perform wireless communications with a base station 100) for comprising: processor circuitry (fig.2 depicts wireless devices each with a processor); and a transceiver (fig.1 depicts a UE with reception circuitry) configured to receive: a first signal (par.[0324] describes a first signaled threshold), a second signal (par.[0324] describes at least a second signaled threshold), and a third signal (par.[0309] describes reception of a signal to determine a current radio condition between the UE and the network), wherein the first signal comprises at least one of: a first threshold value, a RACH-ConfigCommon information element (IE), or a RACH-ConfigCommonTwoStepRA IE (par.[0324 describes three thresholds derived from at least three signaling of the thresholds from the base station to the UE. Par.[0233] describes the UE receiving the RACH-ConfigCommon which comprises a plurality of signaling used to derive thresholds for performing one of 2 different RACH procedures with different configurations), and wherein the second signal comprises a second threshold value (par.[0233] which recites, in part, “The IE RACH-ConfigCommon is used to specify the cell specific random-access parameters.”. Thus, the thresholds used for determining which type of RACH to perform based on data size and signal quality are derived from the parameters transmitted to the UE from the base station); the processor circuity configured to: generate a first data block in a first radio state based on determining the first condition set is satisfied (fig(s).5-7 and par.[0314 – 0325] which correspond at least in part to aforementioned figures wherein the UE determines the TB size, and further determines the RSRP being greater than a threshold, or rather capable of performing the type of RACH either with SDT or not), wherein the first data block comprises more than one bit, and wherein the first data size is equal to a number of bits comprised in the first data block (fig(s). 5-7 and par.[0314] which recites, in part, “A RACH-based small data transmission procedure may be initiated if the uplink data size is less than or equal to a Transport Block (TB) size indicated in the related configuration, the system information, the dedicated RRC signaling and/or the Downlink Control Information (DCI). One or more conditions mentioned above may be applied jointly.” In addition, the first TB size is the data to be transmitted, thus, the size of the TB is equal to a number of bits in the TB), and wherein the first radio state comprises an RRC_INACTIVE state (par.[0282] describes the RRC_INACTIVE state); measure the third signal and determine a first receive quality (par.[0309] describes reception of a signal in order to determine whether or not to perform RACH procedure, see e.g. “a UE could consider radio condition as a factor to determine whether to initiate a RACH-based small data transmission. The UE may determine whether the RACH-based small data transmission is allowed to be initiated based on factors including radio condition. For example, the UE may use a threshold (of radio condition) to determine whether the radio condition is good enough to initiate a small data transmission. The UE may measure and/or derive the current radio condition and compare it with the threshold.”); determine the second threshold value based on the second signal (par.[0233] which recites, in part, “The IE RACH-ConfigCommon is used to specify the cell specific random-access parameters.”. Thus, the thresholds used for determining which type of RACH to perform based on data size and signal quality are derived from the parameters transmitted to the UE from the base station); determine a first threshold value based on the first signal, the first threshold value being a positive integer (par.[0235] which describes the SIB which comprises a threshold for SDT), wherein the first threshold value is no greater than a first data-carrying capacity associated with the 2-step RACH and is not greater that a second data-carrying capacity associated with the 4-step RACH (par.[0235] as discussed above, teaches that the System Information Block (SIB) comprises a threshold for SDT. As is known, the EDT/SDT process cannot be performed for either of 2-step and/or 4-step RACH if the uplink buffer size is greater than the threshold sent in the SIB of par.[0235], also see par.[0183 and 0204] which discuss the evaluation of the UL buffer size vs MSG3SizeGroup and MSGASizeGroup which correspond to 4-step and 2-step RACH respectively. Thus, the threshold for performing SDT/EDT received in the SIB cannot be larger than the uplink data sizes suitable for 2-step and 4-step RACH procedures in EDT/SDT); determine a first condition set is satisfied, the first condition set comprising a first data size is not greater than a first threshold value (fig(s). 5-7 wherein input is applied to a first threshold, wherein if the data size is less than a first threshold meaning the data may be transmitted using small data, par.[0235] which describes the size of the data block is less than a threshold) and when the first receive quality is greater than the second threshold value (fig.5 and par.[0325] which recites, in part, “According to the selected carrier, the UE may check whether the RSRP of the DL pathloss reference is above the second threshold (e.g. rsrp-Threshold-msgA) to determine which RA type (2-step or 4-step) to use. Then upon the UE entering the Random Access Resource selection procedure, the UE may check whether the SS-RSRP of any SSBs is above rsrp-ThresholdSSB (as specified in 3GPP TS 38.331) to select a SSB and/or the CSI-RSRP of any CSI-RSs is above rsrp-ThresholdCSI-RS (as specified in 3GPP TS 38.331) to select a CSI-RS to continue the remain RA procedure for small data transmission.”) and the first data size is greater than the first threshold value (fig(s). 5-7 depict the process of determining a threshold size of uplink data that needs to be transmitted as discussed in par.[0235] and the disclosure of par.[0325] which describes the receive quality being greater than a threshold); and the transceiver configured to (fig.2 depicts a first and second wireless devices each with a transceiver): transmit a fourth signal based on: the first condition set being satisfied, wherein the fourth signal is a first sequence and is used for a first-type Random Access (RA) procedure, and wherein the first-type RA procedure is one of a 2-step or a 4-step RACH (fig(s).5-7 and for example fig.5 depicts reception of an input or signal, based upon the input at least a first and second threshold are determined. In a first scenario small data is transmitted, based on the evaluation of the threshold for determining small data transmission and a threshold for determining whether to perform 2-step or 4-step RACH procedure for small data transmission); and transmit a fifth signal based on the first condition set not being satisfied (fig(s).5-7 as discussed above, wherein at least an evaluation for performing whether or not to perform Small Data Transmission, wherein when the UE evaluates the threshold the UE may select a SDT or transmit not using SDT), wherein the fifth signal is a second sequence (fig(s).5-7 wherein the UE would send a first sequence for a SDT RACH and a different sequence for non-SDT transmission. That is, the preamble for SDT are different from preambles for non-SDT transmission) and is used for a second-type RA procedure (fig(s). 5-7 wherein the UE may select a non-EDT RACH procedure), wherein the second type RA procedure is one of a 2-step RACH or a 4-step RACH (as discussed the figures depict two different types of RACH for EDT and not for EDT and comprise a 2-step or 4-step RACH procedure), wherein the first sequence differs from the second sequence (par.[0306 – 0307] which further describes that the preambles for different RACH types are different), and wherein the first-type RACH procedure is different form the second-type RA procedure (fig(s).5-7 wherein there are 2 different types of RACH procedures either 2-step or 4-step, for either EDT or non EDT). Regarding claims 2, 9, and 15, Huang discloses: wherein the first signal comprises a MsgA, wherein the MsgA comprises the first sequence and a payload; and wherein the payload comprises one of an RRCResumeRequest1 message or an RRCResumeRequest message; and a Buffer Status Report (fig.5 depicts a 2-step RACH which comprises a MSGA transmission from the UE to the base station, and a MSGB transmission from the base station to the UE. Par.[0304] describes the RRC_RESUME procedure which comprises the RRCResumeRequest or ResumeRequest1. The Office takes Official Notice that a UE may also transmit a BSR during resume procedure for small data as well). Regarding claims 4, 11, and 17, Huang discloses: the processor circuity is further configured to: enable small data transmission (SDT) based on the first threshold (fig(s).5 - 7 depicts evaluating a first threshold, wherein the first threshold is used to determine whether to perform SDT based RACH or not based on the first threshold) and; determining to switch from an RRC inactive state to an RRC connected state based on the determined first threshold value and second threshold value (fig(s). 5-7 depict a 2-step and 4-step RACH each for non-SDT which would cause the UE to enter into RRC_CONNECTED state based on a first threshold for determining to not perform SDT, and a second threshold used for determining a type of RACH or vice-versa, see diagram below). Regarding claims 5, 12, and 18, Huang discloses: The wireless communication node according to claim 4, wherein the processor circuitry is further configured to: when the first condition set is satisfied, initiating the first-type RA procedure (fig.5 the UE may perform RACH for EDT if the first condition is satisfied); when the first condition set is not satisfied, initiating the second-type RA procedure (fig.5 when the first condition is not satisfied then the UE may perform RACH not for EDT when the first condition isn’t satisfied). Regarding claims 6, 13, and 19, Huang discloses: wherein the first sequence comprises a preamble sequence of the first-type RA; the second sequence comprises a preamble sequence of the second-type RA (par.[0306 – 0307] describe preamble for 2-step RACH, and preambles for 4-step RACH). Regarding claims 7, 14, and 20, Huang discloses: the first sequence and the second sequence are associated with different RA preamble groups (par.[0306 – 0307] as there is a distinction for each type of RACH preamble, naturally, the preambles are grouped separately). Response to Arguments Claim Rejections - 35 USC § 102 Applicant's arguments filed 08/10/2026 have been fully considered but they are not persuasive. The applicants submission dated 08/10/2026, the applicants allege a one or more deficiencies in the disclosure of Huang et al. (US 2021/0227586 A1). With regard to Huang, the applicants allege that Huang fails to anticipate claim 1 because Huang fails to disclose at least the claimed UE determination of a first condition set that requires both: (1)“the first threshold value does not exceed either of a first data carrying capacity associated with a 2-step RACH and a second data-carrying capacity associated with a 4-step RACH”. As was previously discussed, the disclosure of Huang substantially teaches a first threshold which is a Transport Block Size (TBS) or data size associated with Early Data Transmission (EDT), and/or Small Data Transmission as discussed in the applicants response dated 08/10/2026, and pg(s).10-11. Additionally, the office submits that the data size submitted received by the UE is system information is a threshold corresponding to both of the 2-step and 4-step RACH that the UE is capable of performing. As previously stated, small data transmission cannot be performed when a data size is larger than a preconfigured or previously established data threshold or thresholds suitable for Small Data Transmission (SDT). It is known that SDT was developed in order to allow for frequent small data transmissions without having to have a UE to enter into the active state from the idle state or the inactive state, see Huang par.[0304 – 0305]. The Huang reference also describes, wherein par.[0234] describes Early Data Transmission (EDT) as it is described in 3GPP TS 36.300. The office notes that EDT is synonymous with SDT, and par.[0235] describes that in order for EDT/SDT to be performed the uplink data size in the uplink buffer is compared with a transport block (TB) size indicated in the system information. When determining whether to perform SDT/EDT, it is apparent that the system of Huang must first evaluate that the data size in the buffer of the UE does not exceed a threshold corresponding to either of 2-step or 4-step RACH. For example, the UE cannot perform 2-step or 4-step RACH without first evaluating whether or not the data in the uplink buffer exceeds the size threshold received in the system information. The applicants allegation that the disclosure does not teach this feature is equivalent to arguing that specification does not recite the claimed language explicitly without reviewing the implicit and explicit details of the specification carefully. As the UE must evaluate the buffered data versus the threshold received in system information prior to performing either 2-step or 4-step PRACH, the threshold corresponds to both types of PRACH as it pertains to EDT/SDT. Thus, it is clear that the disclosure of Huang teaches the first element (1) and the alleged deficiency of not identifying a threshold size is unfounded, and in fact is a fundamental part of determining whether EDT/SDT can be performed, thus the disclosure of Huang teaches (1). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Huang (US 2021/0219349 A1) “Methods, Apparatus and Systems for Performing a Random Access Procedure in a Wireless Communication” Xing et al. (US 2022/0174752 A1) “Random Access Method, Terminal Device, and Network Device” Chen et al. (US 2022/0095389 A1) “Data Transmission Method and Apparatus” Huang et al. (US 2021/0307073 A1) “Method and Apparatus for Random Access Preamble Partition for Small Data Transmission in a Wireless Communication System” Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm. 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, Derrick Ferris can be reached at (571)272-3123. 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. JAMAAL HENSON Primary Examiner Art Unit 2411 /JAMAAL HENSON/Primary Examiner, Art Unit 2411
Read full office action

Prosecution Timeline

Show 9 earlier events
Dec 17, 2025
Request for Continued Examination
Dec 31, 2025
Response after Non-Final Action
Jan 23, 2026
Non-Final Rejection mailed — §102
Apr 23, 2026
Response Filed
May 08, 2026
Final Rejection mailed — §102
Aug 10, 2026
Request for Continued Examination
Aug 14, 2026
Response after Non-Final Action
Aug 18, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

7-8
Expected OA Rounds
84%
Grant Probability
89%
With Interview (+4.3%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 825 resolved cases by this examiner. Grant probability derived from career allowance rate.

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