Prosecution Insights
Last updated: April 19, 2026
Application No. 18/527,855

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103
Filed
Dec 04, 2023
Examiner
CHU, WUTCHUNG
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
528 granted / 653 resolved
+22.9% vs TC avg
Strong +18% interview lift
Without
With
+18.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
24 currently pending
Career history
677
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
58.6%
+18.6% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 653 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 . Claim Status Claims 1 – 2, 4 – 6, 8 – 12, 14 – 16 and 18 – 24 are pending, and claims 3, 7, 13 and 17 are canceled, and claims 21-24 are newly added. 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. 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. Claim(s) 1 – 2, 4, 6, 9, 11 – 12, 14, 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. WO 2021/018213 A1 (translation provided for citation; no common inventor(s); publication date 2021-02-04; WO 2021/018213 is the PCT filing of CN112312575A, where CN112312575A is listed in applicant submitted IDS and listed as D1 in PCT search report), hereinafter Li in view of Kuan et al. US11006358B1 (listed in applicant submitted IDS and listed as D1 in EPO search report), hereinafter Kuan. Regarding claim 1, Li teaches a communication method, comprising: (Li: para. [0034] an access network device or a chip in the access network device. The communication device includes a processor, a memory, an input interface and an output interface. The input interface is used to receive information from other communication devices other than the communication device, and the output interface is used to output information to other communication devices other than the communication device. When the processor executes the computer program stored in the memory, the processor is caused to execute the communication) determining first information used to configure a data transmission of a first service; wherein the data transmission is based on a transmission requirement of the service; (Li: para. [0129] access network device can also determine whether to use the second RNTI to schedule the first service in the first cell based on the number of received first services in the cell covered by the access network device in real time or periodically, and then send it to the resource management module. Para. [0077 &0065] access network device may also allocate a second RNTI to the first terminal device, and the second RNTI may send the second RNTI to a group including the first terminal device. The terminal device schedules the first service, that is, the second RNTI can not only schedule the first service for the first terminal device, but also schedule the first service for other terminal devices, that is, the second RNTI is used to schedule the multicast service. The second RNTI may be a G-RNTI (corresponds to claim limitation “first information”), or other RNTI that can schedule multicast services. para. [0069-0073 & 0080] access network device may establish a first radio bearer with the first terminal device. The access network device may, after receiving the quality of service (QoS) parameter (corresponds to claim limitation “transmission requirement”) of the first service sent by the core network device, establish a first radio bearer for the first service according to the requirements of the QoS parameter (corresponds to claim limitation “transmission requirement”). Para. [0090] and Fig. 9 para. [0095] Multiple QoS flows of a terminal device can correspond to multiple public information. Table 1. Para. [0100] SMF network element of the core network establishes a transmission resource for the first service according to the identification information of the first service, and the transmission resource may be a service QoS flow. Para. [0104] first service is a multicast service (corresponds to claim limitation “service”), the first service may be scheduled to multiple terminal devices through G-RNTI) or on an air interface quality of N terminal devices; and sending the first information to a first terminal device in N terminal devices, (Li: para. [0076 & 0061-0062 & 0142] access network device sends the second RNTI to the first terminal device. Para. [0087] All three terminal devices are connected to the access network devices. For each terminal device, a C-RNTI and a data radio bearer (DRB) for unicast bearer are configured. At the same time, the DRB is also associated with a G- RNTI, through G-RNTI and C-RNTI scheduling to realize dynamic conversion between unicast and multicast. In Figure 7, three terminal devices receive the same service (corresponds to claim limitation “N terminal devices are related to the first service”), and each terminal device has a unicast bearer, that is, a channel for receiving data based on C-RNTI. The access network device also configures the same G-RNTI for the three terminal devices at the same time. In the case of C-RNTI scheduling, the access network device can schedule the same data to three terminal devices respectively, and unicast scheduling is used in this case. In the case of using G-RNTI to schedule data, all three terminal devices can receive one piece of data scheduled by the access network equipment) wherein the N terminal devices are related to the first service, and N is an integer greater than 1. (Li: para. [0077 &0065] access network device may also allocate a second RNTI to the first terminal device, and the second RNTI may send the second RNTI to a group including the first terminal device. The terminal device schedules the first service, that is, the second RNTI can not only schedule the first service for the first terminal device, but also schedule the first service for other terminal devices. para. [0129] access network device can also determine whether to use the second RNTI to schedule the first service in the first cell based on the number of received first services in the cell covered by the access network device in real time or periodically, and then send it to the resource management module. Para. [0087] All three terminal devices are connected to the access network devices. For each terminal device, a C-RNTI and a data radio bearer (DRB) for unicast bearer are configured. At the same time, the DRB is also associated with a G- RNTI, through G-RNTI and C-RNTI scheduling to realize dynamic conversion between unicast and multicast. In Figure 7, three terminal devices receive the same service (corresponds to claim limitation “N terminal devices are related to the first service”), and each terminal device has a unicast bearer, that is, a channel for receiving data based on C-RNTI. The access network device also configures the same G-RNTI for the three terminal devices at the same time. In the case of C-RNTI scheduling, the access network device can schedule the same data to three terminal devices respectively, and unicast scheduling is used in this case. In the case of using G-RNTI to schedule data, all three terminal devices can receive one piece of data scheduled by the access network equipment) It is noted that Li does not explicitly disclose: configure a data transmission rule of a service wherein the data transmission rule is determined based on a transmission requirement of the first service or on an air interface quality of N terminal devices; on an air interface quality of N terminal devices. However, Kuan from the same or similar fields of endeavor teaches the use of: configure a data transmission rule of a service (Kuan: Fig. 3 and col. 5 lines 44-53 server AS groups the terminal devices UE #1-UE #11 to a same group according to a target object/application (which corresponds to claim limitation “configure a data transmission rule”) or a hardware specification (step S301)) wherein the data transmission rule is determined based on a transmission requirement of the first service (Kuan: Fig. 3 and col. 5 line 61 to col. 6 line 6 server AS may respectively set corresponding data transmission modes to the terminal devices UE #1-UE #11 in the two sub-groups (step S303, S304). The data transmission mode may be that the terminal devices UE #2-UE #11 in the second sub-group satisfy a long time sensing requirement (which corresponds to claim limitation “transmission requirement”) (for example, a hibernate time is longer than a threshold, an amount of transmitted data is less than a threshold, etc., but they may still be woken up to upload data), and the terminal device UE #1 of the first sub-group maintains a normal work (which has a higher power consumption compared to the second sub-group – which corresponds to claim limitation “transmission requirement of the first service”). Then, the terminal devices UE #1-UE #11 of the first sub-group and the second sub-group operate in the set data transmission modes (i.e. a wakeup, hibernate timing/time and a data amount uploaded to the server AS corresponding to the data transmission mode) (step S305, S306)) or on an air interface quality of N terminal devices; (Kuan: col. 4 lines 33-62 server AS may select one or more terminal devices UE #1-UE #11 according to a selection rule (for example, a battery status, a received signal state (for example, a Received Signal Strength Indication (RSSI), a Channel State Information (CSI), a signal quality, - which corresponds to claim limitation “air interface quality of N terminal devices”), a response delay time, identification information (for example, an Internet Protocol (IP) address, etc.)) for grouping to the first sub-group, and select the other terminal devices UE #1-UE #11 for grouping to the second sub-group) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kuan in the method of Li. One of ordinary skill in the art would be motivated to do so for provides two sub-groups, and is adapted to replace a terminal device therein, so as to improve an overall operation service life of the system, and reduce system maintenance cost (Kuan: col. 2 lines 26-30). Regarding claim 2, Li and Kuan teach the method according to claim 1, further comprising: receiving from a core network device, (Li: para. [0128-00132 & 0018] and Fig. 11 step 1103 resource management module sends the second configuration information corresponding to the first service to the access network device) configuration information indicating that the N terminal devices are related to the service. (Li: para. [0128-00133] and Fig. 11 step 1103 resource management module sends the second configuration information corresponding to the first service to the access network device. Para. [0132] the resource management module unifies the second RNTI used by the multiple cells when the services of multiple cells are the first service, and then can access The network device sends second configuration information corresponding to the first service. The second configuration information includes unified second RNTI transmission resource configuration information. para. [0129] access network device can also determine whether to use the second RNTI to schedule the first service in the first cell based on the number of received first services in the cell covered by the access network device in real time or periodically, and then send it to the resource management module. Para. [0087] All three terminal devices are connected to the access network devices. For each terminal device, a C-RNTI and a data radio bearer (DRB) for unicast bearer are configured. At the same time, the DRB is also associated with a G- RNTI, through G-RNTI and C-RNTI scheduling to realize dynamic conversion between unicast and multicast. In Figure 7, three terminal devices receive the same service (corresponds to claim limitation “N terminal devices are related to the first service”), and each terminal device has a unicast bearer, that is, a channel for receiving data based on C-RNTI. The access network device also configures the same G-RNTI for the three terminal devices at the same time. In the case of C-RNTI scheduling, the access network device can schedule the same data to three terminal devices respectively, and unicast scheduling is used in this case. In the case of using G-RNTI to schedule data, all three terminal devices can receive one piece of data scheduled by the access network equipment) Regarding claim 4, Li and Kuan teaches the method according to claim 3, further comprising: determining a transmission mode of the service based on at least one of: a quality of a channel between an access network device and at least one of the N terminal devices, a working status of at least one of the N terminal devices, or a quality of service (QoS) requirement of the service; (Li: para. [0069-0073 & 0080] access network device may establish a first radio bearer with the first terminal device. The access network device may, after receiving the quality of service (QoS) parameter (corresponds to claim limitation “QoS requirement”) of the first service sent by the core network device, establish a first radio bearer for the first service according to the requirements of the QoS parameter. Para. [0090] and Fig. 9 para. [0095] Multiple QoS flows of a terminal device can correspond to multiple public information. Table 1. Para. [0100] SMF network element of the core network establishes a transmission resource for the first service according to the identification information of the first service, and the transmission resource may be a service QoS flow. Para. [0104] first service is a multicast service, the first service may be scheduled to multiple terminal devices through G-RNTI) or determining the transmission mode of the service based on first indication information from the first core network device, wherein the first indication information indicates the transmission mode corresponding to the service. (Li: para. [0091] the core network device may send a service establishment request message to the access network device. The service establishment request message may be carried in an initial context establishment message, a protocol data unit (protocol data unit, PDU) session establishment message, a context modification message, and other messages. The first service is a multicast service. Para. [0065-0074] configuration information of the SC-MTCH can be transmitted through the SC-MCCH. The configuration information of the SC-MTCH may include the configuration information of the multicast service. Among them, the configuration information of each service may include the temporary multicast group identifier (TMGI) of the service, the corresponding G-RNTI, DRX parameters, and neighbor cell information for sending the configuration information of the service) It is noted that Li does not explicitly disclose: determining the transmission mode of the first service based on at least one of: a quality of a channel between an access network device and at least one of the N terminal devices, a working status of at least one of the N terminal devices. However, Kuan from the same or similar fields of endeavor teaches the use of: determining the transmission mode of the first service based on at least one of: a quality of a channel between an access network device and at least one of the N terminal devices, (Kuan: col 4. lines 53-57 "The server AS may select one or more terminal devices UE #1-UE #11 according to a selection rule (for example, a battery status, a received signal state (for example, a Received Signal Strength Indication (RSSI), a Channel State Information (CSI), a signal quality (corresponds to claim limitation “quality of a channel”))) a working status of at least one of the N terminal devices, (Kuan: col. 5 line 45 to col. 6 lines 51 server AS groups the terminal devices UE #1-UE #11 to a same group according to a target object/application or a hardware specification (step S301). Based on a predetermined selection rule, the server AS groups the terminal devices UE #1-UE #11 into a first sub-group and a second sub-group (step S302). the first sub-group is a normal working sub-group, and the second sub-group is a low power sub-group. The server AS, for example, assigns the terminal device UE #1 to the first sub-group, and assigns the other terminal devices UE #2-UE #11 in the group to the second sub-group. The server AS may respectively set corresponding data transmission modes to the terminal devices UE #1-UE #11 in the two sub-groups (step S303, S304). The data transmission mode may be that the terminal devices UE #2-UE #11 in the second sub-group satisfy a long time sensing requirement (for example, a hibernate time is longer than a threshold, an amount of transmitted data is less than a threshold, etc., but they may still be woken up to upload data), and the terminal device UE #1 of the first sub-group maintains a normal work (which has a higher power consumption compared to the second sub-group) (corresponds to claim limitation “working status of terminal device”). Then, the terminal devices UE #1-UE #11 of the first sub-group and the second sub-group operate in the set data transmission modes (i.e. a wakeup, hibernate timing/time and a data amount uploaded to the server AS corresponding to the data transmission mode)) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kuan in the method of Li. One of ordinary skill in the art would be motivated to do so for data transmission coordination system and a method thereof, which provides two sub-groups, and is adapted to replace a terminal device therein, so as to improve an overall operation service life of the system, and reduce system maintenance cost (Kuan: Summary). Regarding claim 6, Li teaches a communication method applicable to a first terminal device or a chip of the first terminal device, the method comprising: (Li: Summary, Fig. 15 and para. [0035 & 0338] terminal device or a chip in the terminal device. The communication device includes a processor, a memory, an input interface and an output interface. The input interface is used to receive information from other communication devices other than the communication device, and the output interface is used to output information to other communication devices other than the communication device. When the processor executes the computer program stored in the memory, the processor is caused) receiving from an access network device, (Li: para. [0076 & 0061-0062 & 0142] access network device sends the second RNTI to the first terminal device. Para. [0087] All three terminal devices are connected to the access network devices. For each terminal device, a C-RNTI and a data radio bearer (DRB) for unicast bearer are configured. At the same time, the DRB is also associated with a G- RNTI, through G-RNTI and C-RNTI scheduling to realize dynamic conversion between unicast and multicast. In Figure 7, three terminal devices receive the same service (corresponds to claim limitation “N terminal devices are related to the first service”), and each terminal device has a unicast bearer, that is, a channel for receiving data based on C-RNTI. The access network device also configures the same G-RNTI for the three terminal devices at the same time. In the case of C-RNTI scheduling, the access network device can schedule the same data to three terminal devices respectively, and unicast scheduling is used in this case. In the case of using G-RNTI to schedule data, all three terminal devices can receive one piece of data scheduled by the access network equipment) information is used to configure a data transmission of a first service, (Li: para. [0129] access network device can also determine whether to use the second RNTI to schedule the first service in the first cell based on the number of received first services in the cell covered by the access network device in real time or periodically, and then send it to the resource management module. Para. [0077 &0065] access network device may also allocate a second RNTI to the first terminal device, and the second RNTI may send the second RNTI to a group including the first terminal device. The terminal device schedules the first service, that is, the second RNTI can not only schedule the first service for the first terminal device, but also schedule the first service for other terminal devices, that is, the second RNTI is used to schedule the multicast service. The second RNTI may be a G-RNTI (corresponds to claim limitation “first information”), or other RNTI that can schedule multicast services. para. [0069-0073 & 0080] access network device may establish a first radio bearer with the first terminal device. The access network device may, after receiving the quality of service (QoS) parameter (corresponds to claim limitation “transmission rule”) of the first service sent by the core network device, establish a first radio bearer for the first service according to the requirements of the QoS parameter (corresponds to claim limitation “transmission rule”). Para. [0090] and Fig. 9 para. [0095] Multiple QoS flows of a terminal device can correspond to multiple public information. Table 1. Para. [0100] SMF network element of the core network establishes a transmission resource for the first service according to the identification information of the first service, and the transmission resource may be a service QoS flow. Para. [0104] first service is a multicast service (corresponds to claim limitation “transmission mode”), the first service may be scheduled to multiple terminal devices through G-RNTI) wherein the first service is related to N terminal devices, N is an integer greater than 1, and the N terminal devices comprise the first terminal device; sending, by the first terminal device, a data packet of the service based on the data transmission to the access network device. (Li: para. [0077 &0065] access network device may also allocate a second RNTI to the first terminal device, and the second RNTI may send the second RNTI to a group including the first terminal device. The terminal device schedules the first service, that is, the second RNTI can not only schedule the first service for the first terminal device, but also schedule the first service for other terminal devices. para. [0129] access network device can also determine whether to use the second RNTI to schedule the first service in the first cell based on the number of received first services in the cell covered by the access network device in real time or periodically, and then send it to the resource management module. Para. [0087] All three terminal devices are connected to the access network devices. For each terminal device, a C-RNTI and a data radio bearer (DRB) for unicast bearer are configured. At the same time, the DRB is also associated with a G- RNTI, through G-RNTI and C-RNTI scheduling to realize dynamic conversion between unicast and multicast. In Figure 7, three terminal devices receive the same service (corresponds to claim limitation “N terminal devices are related to the first service”), and each terminal device has a unicast bearer, that is, a channel for receiving data based on C-RNTI. The access network device also configures the same G-RNTI for the three terminal devices at the same time. In the case of C-RNTI scheduling, the access network device can schedule the same data to three terminal devices respectively, and unicast scheduling is used in this case. In the case of using G-RNTI to schedule data, all three terminal devices can receive one piece of data scheduled by the access network equipment) It is noted that Li does not explicitly teaches: configure a data transmission rule of a service, wherein the data transmission rule is based on a transmission requirement of the service or on an air interface quality of N terminal devices; sending, by the first terminal device, a data packet of the service based on the data transmission rule to the access network device. However, Kuan from the same or similar fields of endeavor teaches: configure a data transmission rule of a service (Kuan: Fig. 3 and col. 5 lines 44-53 server AS groups the terminal devices UE #1-UE #11 to a same group according to a target object/application (which corresponds to claim limitation “configure a data transmission rule”) or a hardware specification (step S301)) wherein the data transmission rule is based on a transmission requirement of the service (Kuan: Fig. 3 and col. 5 line 61 to col. 6 line 6 server AS may respectively set corresponding data transmission modes to the terminal devices UE #1-UE #11 in the two sub-groups (step S303, S304). The data transmission mode may be that the terminal devices UE #2-UE #11 in the second sub-group satisfy a long time sensing requirement (which corresponds to claim limitation “transmission requirement”) (for example, a hibernate time is longer than a threshold, an amount of transmitted data is less than a threshold, etc., but they may still be woken up to upload data), and the terminal device UE #1 of the first sub-group maintains a normal work (which has a higher power consumption compared to the second sub-group – which corresponds to claim limitation “transmission requirement of the first service”). Then, the terminal devices UE #1-UE #11 of the first sub-group and the second sub-group operate in the set data transmission modes (i.e. a wakeup, hibernate timing/time and a data amount uploaded to the server AS corresponding to the data transmission mode) (step S305, S306). or on an air interface quality of N terminal devices; (Kuan: col. 4 lines 33-62 server AS may select one or more terminal devices UE #1-UE #11 according to a selection rule (for example, a battery status, a received signal state (for example, a Received Signal Strength Indication (RSSI), a Channel State Information (CSI), a signal quality, - which corresponds to claim limitation “air interface quality of N terminal devices”), a response delay time, identification information (for example, an Internet Protocol (IP) address, etc.)) for grouping to the first sub-group, and select the other terminal devices UE #1-UE #11 for grouping to the second sub-group) sending, by the first terminal device, a data packet of the service based on the data transmission rule to the access network device. (Kuan: col. 4 lines 63 to col. 5 lines 16 terminal devices UE #1-UE #11 of the first sub-group and the terminal devices UE #1-UE #11 of the second sub-group have different data transmission modes for uploading data to the server AS (corresponds to claim limitation “sending the data packet to the access network device”), and corresponding power consumption of the data transmission mode of the first sub-group is higher than that of the data transmission mode of the second sub-group. For example, the data transmission mode of the first sub-group is a normal mode, the data transmission mode of the second sub-group is a low power mode, and parameters such as wakeup frequency, a wakeup time, and/or a size of transmitted data of the normal mode are higher than that of the low power mode, such that the power consumption of the normal mode is higher than that of the low power mode.) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kuan in the method of Li. One of ordinary skill in the art would be motivated to do so for data transmission coordination system and a method thereof, which provides two sub-groups, and is adapted to replace a terminal device therein, so as to improve an overall operation service life of the system, and reduce system maintenance cost (Kuan: Summary). Regarding claim 9, Li and Kuan teach the method according to claim 6, Li does not explicitly teaches: wherein the information comprises at least one of a value corresponding to the first terminal device and a threshold, and the value and the threshold are used to determine a transmitted data packet that has been transmitted by the first terminal device; and either the information indicates whether the terminal device sends the data packet of the first service; the information indicates the first terminal device to send a data packet whose sequence number is an odd number or an even number; the information indicates a traffic distribution proportion of the first terminal device that is a proportion of a quantity of data packets to be sent by the first terminal device in k data packets; or the information indicates a range of a sequence number of the data packet to be sent by the first terminal device. Kuan from the same or similar fields of endeavor teaches: wherein the information comprises at least one of a value corresponding to the first terminal device and a threshold, and the value and the threshold are used to determine a transmitted data packet that has been transmitted by the first terminal device; (Kuan: col. 5 col. 17-39 first terminal devices refer to the terminal devices belonging to the first sub-group, and the second terminal devices refer to the terminal devices originally belonging to the second sub-group and selected by the server AS to replace the first terminal devices. The replacement condition is related to inability to continue transmission or other system operation scenes (for example, a battery capacity is lower (corresponds to claim limitation “value”) than a threshold, (corresponds to claim limitation “threshold”) power outage, a current total number of connections in the first sub-group does not conform to a specific group number, polling, or any fault condition). and either the information indicates whether the first terminal device sends the data packet of the first service; (Kuan: col. 6 lines 7-21 terminal device UE #1 of the first sub-group may determine whether a remaining power quantity of itself is smaller than a specific threshold to serve as a determination basis for determining whether conforming to the replacement condition (step S307). When the terminal device UE #1 detects that its remaining power quantity is less than the specific threshold, the terminal device UE #1 transmits a low power notification to the server AS, or the server AS learns that the terminal device UE #1 is in response timeout (as the server AS learns the corresponding data transmission modes of all of the terminal devices UE #1-UE #11, so that the server AS learns whether each of the terminal devices UE #1-UE #11 does not upload data during a specific time period), i.e. conforming to the replacement condition (the low power quantity or response timeout) (step S308)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kuan in the method of Li. One of ordinary skill in the art would be motivated to do so for data transmission coordination system and a method thereof, which provides two sub-groups, and is adapted to replace a terminal device therein, so as to improve an overall operation service life of the system, and reduce system maintenance cost (Kuan: Summary). Regarding claims 11 – 12 and 14, Li and Kuan teach a communication apparatus comprising: a processing unit, and a first communication unit, (Li: para. [0034] an access network device or a chip in the access network device. The communication device includes a processor, a memory, an input interface and an output interface. The input interface is used to receive information from other communication devices other than the communication device, and the output interface is used to output information to other communication devices other than the communication device. When the processor executes the computer program stored in the memory, the processor is caused to execute the communication) all the limitations as discussed in the rejection of claims 1 – 2 and 4, and therefore apparatus claims 11 – 12 and 14 are rejected using the same rationales. Regarding claims 16 and 19, Li and Kuan teach all the limitations as discussed in the rejection of claims 6 and 9, and therefore method claims 16 and 19 are rejected using the same rationales. Claim(s) 5, 8, 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li and Kuan in view of CHINA MOBILE CMCC: "REAL-TIME MULTIPLE-UE BACKUP", 3GPP DRAFT; RP-210513, vol. TSG RAN, no. ELECTRONIC MEETING; 20210316 - 20210326 15 March 2021 (2021-03-15), XP051985869, Retrieved from the Internet on 2021-03-15 (listed in applicant submitted IDS and listed as D5 in EPO search report), hereinafter CMCC. Regarding claim 5, Li and Kuan teach the method according to claim 3, Li and Kuan do not explicitly disclose: wherein the transmission mode is one of the following four modes: a first mode, wherein the N terminal devices comprise at least one primary terminal device and at least one backup terminal device, and the backup terminal device is configured to transmit the service when all or some of the at least one primary terminal device is faulty; a second mode, wherein all of the N terminal devices transmit the service, and the N terminal devices transmit a same data packet; a third mode, wherein all of the N terminal devices transmit the service, and the N terminal devices transmit different data packets; and a fourth mode, wherein all of the N terminal devices transmit the service, and the same data packet and different data packets exist in data packets transmitted by the first terminal device and data packets transmitted by a second terminal device in the N terminal devices. However, CMCC from the same or similar fields of endeavor teaches the use of: wherein the transmission mode is one of the following four modes: a first mode, wherein the N terminal devices comprise at least one primary terminal device and at least one backup terminal device, and the backup terminal device is configured to transmit the service when all or some of the at least one primary terminal device is faulty. (CMCC: slide 5 UEs can determine whether to take over or start/activate the data/signalling transmitted/received by associated UE for backup; If the data/signalling can not be successfully received by the terminal 1, then the subsequent associated terminal 2’s action is that the terminal2 is to take over or start/activate the service(s) of the terminal1 declaring in abnormal state) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of CMCC in the method of Li. One of ordinary skill in the art would be motivated to do so for use cases and benefits of real-time multiple-UE backup (CMCC: slide 6). Regarding claim 8, Li, Kuan and CMCC teach all the limitations as discussed in the rejection of claim 5, and therefore method claim 8 is rejected using the same rationales. Regarding claim 15, Li, Kuan and CMCC teach all the limitations as discussed in the rejection of claim 5, and therefore apparatus claim 15 is rejected using the same rationales. Regarding claim 18, Li, Kuan and CMCC teaches all the limitations as discussed in the rejection of claim 8, and therefore apparatus claim 18 is rejected using the same rationales. Claim(s) 10 and 20 – 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li and Kuan as applied to claims 6 and 16 above, and further in view of Rao et al. WO2020103811A1 (no common inventor(s); publication date 2020-05-28), hereinafter Rao. Regarding claim 10, Li and Kuan teach the method according to claim 9, determining the data packet (Kuan: col. 4 lines 63 to col. 5 lines 16 terminal devices UE #1-UE #11 of the first sub-group and the terminal devices UE #1-UE #11 of the second sub-group have different data transmission modes for uploading data to the server AS (corresponds to claim limitation “sending the data packet to the access network device”), and corresponding power consumption of the data transmission mode of the first sub-group is higher than that of the data transmission mode of the second sub-group. For example, the data transmission mode of the first sub-group is a normal mode, the data transmission mode of the second sub-group is a low power mode, and parameters such as wakeup frequency, a wakeup time, and/or a size of transmitted data of the normal mode are higher than that of the low power mode, such that the power consumption of the normal mode is higher than that of the low power mode.) Li and Kuan does not explicitly teach: wherein the method further comprises: receiving a packet data convergence protocol (PDCP) status report or a sequence number from the access network device, wherein the PDCP status report indicates that the data packet was successfully sent or was an unsuccessfully sent data packet, and the sequence number is of an initial data packet to be sent by the first terminal device or a sequence number corresponding to the data packet; and determining the data packet based on the PDCP status report or the sequence number. Rao from the same or similar fields of endeavor teach: wherein the method further comprises: receiving a packet data convergence protocol (PDCP) status report or a sequence number from the access network device, wherein the PDCP status report indicates that the data packet was a successfully sent or was an unsuccessfully sent data packet, and the first sequence number is of an initial data packet to be sent by the first terminal device or a sequence number corresponding to the data packet; and determining the data packet based on the PDCP status report or the sequence number. (Rao: para. [0104] Tx UE 606 may also provide a configuration reservation determinant (CRD) message to indicate the duration or time period during which the applied configuration is active (to support semi-persistent configuration) in either the same or a different MAC CE. Alternative to the reservation duration, the CRD message may indicate the following resource related information: i) maximum number of packets in the packet flow, ii) total buffer of the data for transmission, iii) maximum number of packets per time interval, and iv) PDCP sequence number range (initial and maximum)) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Rao in the method of Li and Kuan. One of ordinary skill in the art would be motivated to do so for support multiple simultaneous QoS flows on sidelink (NR PC5 interface) when the UEs are in RRC Idle state; Support of RRC-like capability on sidelink (PC5 interface) to enable establishment, modification and release of the SL-RBs in scenarios without network coverage and when the V-UEs operate in Mode 2; and/or reduce or eliminate the need to transfer SL-RB configurations between the network nodes (i.e. gNBs) during handover (Rao: para. [0044-0048]). Regarding claim 21, Li and Kuan teach the method according to claim 1, wherein the data transmission rule is based on the transmission requirement (Kuan: Fig. 3 and col. 5 line 61 to col. 6 line 6 server AS may respectively set corresponding data transmission modes to the terminal devices UE #1-UE #11 in the two sub-groups (step S303, S304). The data transmission mode may be that the terminal devices UE #2-UE #11 in the second sub-group satisfy a long time sensing requirement (which corresponds to claim limitation “transmission requirement”) (for example, a hibernate time is longer than a threshold, an amount of transmitted data is less than a threshold, etc., but they may still be woken up to upload data), and the terminal device UE #1 of the first sub-group maintains a normal work (which has a higher power consumption compared to the second sub-group – which corresponds to claim limitation “transmission requirement of the first service”). Then, the terminal devices UE #1-UE #11 of the first sub-group and the second sub-group operate in the set data transmission modes (i.e. a wakeup, hibernate timing/time and a data amount uploaded to the server AS corresponding to the data transmission mode) (step S305, S306), and Li and Kuan do not explicitly teach: the transmission requirement comprises high reliability. However, Rao from the same or similar fields of endeavor teaches the use of: the transmission requirement comprises high reliability. (Rao: para. [0077] the SDAP in the AS layer can map the flow of packets with the same QoS characteristics in the higher layer to a particular configured SL-RB and apply AS-level mechanisms such as in-order packet delivery, Automatic repeat request ARQ (RLC Acknowledged Mode (AM) ) feedback and LCP to support the required QoS. For example, a unicast transmission requiring high reliability (i.e. low PPPR value) can be mapped to an SL-RB configured with packet duplication at PDCP and mapping restrictions at MAC layer) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Rao in the method of Li and Kuan. One of ordinary skill in the art would be motivated to do so for support multiple simultaneous QoS flows on sidelink (NR PC5 interface) when the UEs are in RRC Idle state; Support of RRC-like capability on sidelink (PC5 interface) to enable establishment, modification and release of the SL-RBs in scenarios without network coverage and when the V-UEs operate in Mode 2; and/or reduce or eliminate the need to transfer SL-RB configurations between the network nodes (i.e. gNBs) during handover (Rao: para. [0044-0048]). Regarding claims 20 and 24, Li, Kuan and Rao teaches all the limitations as discussed in the rejection of claims 10 and 21, and therefore apparatus claims 20 and 24 are rejected using the same rationales. Regarding claim 22, Li, Kuan and Rao teaches all the limitations as discussed in the rejection of claim 21, and therefore method claim 22 is rejected using the same rationales. Regarding claim 23, Li, Kuan and Rao teaches all the limitations as discussed in the rejection of claim 21, and therefore apparatus claim 23 is rejected using the same rationales. Response to Arguments Applicant’s arguments with respect to claim(s) 1 – 2, 4 – 6, 8 – 12, 14 – 16 and 18 – 24 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please also see PTO-892. Rao et al. US20200163005A1 with pub. Date 2020-05-21 in para. [0087] teaches access stratum layer (gNB and L-UE) is responsible for one or more of: configuration of SL-RBs and corresponding QoS-related parameters (e.g. QoS flow indication (QFI), PC5 QoS Indication (PQI)); allocation of adequate resources for sidelink transmissions (Mode 1 and Mode 2) based on attributes such as traffic pattern (i.e. data volume, transmission timing information), channel conditions and UE location information (e.g. geo-location, positioning); mitigation of congestion and interference; measurement/reporting of channel and loading (Channel Busy Ratio (CBR)) conditions) 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 WUTCHUNG CHU whose telephone number is (571)272-4064. The examiner can normally be reached 10:00 AM - 4:00 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, Moo R Jeong can be reached at (571) 272-9617. 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. /WUTCHUNG CHU/Primary Examiner, Art Unit 2418
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Prosecution Timeline

Dec 04, 2023
Application Filed
Jan 30, 2024
Response after Non-Final Action
Dec 03, 2025
Non-Final Rejection — §103
Feb 11, 2026
Response Filed
Mar 20, 2026
Final Rejection — §103 (current)

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Expected OA Rounds
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99%
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3y 1m
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