Prosecution Insights
Last updated: May 29, 2026
Application No. 18/552,882

DATA TRANSMISSION METHOD AND APPARATUS, AND STORAGE MEDIUM

Non-Final OA §101§102
Filed
Sep 27, 2023
Priority
Apr 02, 2021 — CN 202110363685.6 +1 more
Examiner
HUYNH, CHUCK
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Datang Mobile Communications Equipment Co. Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
345 granted / 483 resolved
+9.4% vs TC avg
Moderate +15% lift
Without
With
+14.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
14 currently pending
Career history
518
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
82.5%
+42.5% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 483 resolved cases

Office Action

§101 §102
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 . Information Disclosure Statement IDS(es) submitted on 9/27/2023, and 10/13/2024 have been considered. Oath/Declaration Oath/Declaration filed on 9/27/2023 has been acknowledged. Drawings Drawing(s) submitted on 9/27/2023 have been acknowledged. Election/Restrictions Inventions I (Claims 1-2, 5-9, 11, 16-17, 20-22, and 32-34) and II (Claims 13-14, and 23-24) are related as subcombinations disclosed as usable together in a single combination. The subcombinations are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable. In the instant case, subcombination of invention I has separate utility such as determining whether to transmit data on SRB1 and/or SRB2 in a small data transmission mode based on the indication message. See MPEP § 806.05(d). Applicant did elect invention I (Claims 1-2, 5-9, 11, 16-17, 20-22, and 32-34) for prosecution; hence, claims 13-14, and 23-24 are withdrawn from consideration. Allowable Subject Matter Claims 2, 9, 11, 17, 21, and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Claims 2, 9, 11, 17, 21, and 22 are allowable because there are no prior art references that can encompass all the features and limitations of the claims, nor can any references be combined to render said limitations obvious in combinations. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 32 is rejected under 35 U.S.C. 101 because the cited “readable storage medium” could be a signal, therefore not patentable. Paragraphs [00152]-[00154] discloses the non-limiting definition of what a readable storage medium can be, and does not specifically exclude transitory mediums in nature. Therefore, it is suggested that Applicants use terms such as “non-transitory” to clarify said readable storage medium within the claim. Claim 33 is also rejected for claiming a computer program product, which is not one of the 4 statuary categories. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 5-8 16, 20, 32-34 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Palat et al. (US 2022/0039192; hereinafter Palat). Regarding claim 1, 16, and 32-34, Palat discloses a method for data transmission, applied to a terminal, comprising: receiving an indication message transmitted from a network device, wherein the indication message comprises association information of a signaling radio bearer 1 (SRB1) and/or a signaling radio bearer 2 (SRB2) ([0108]-[0112]: the gNB indicates to the UE an UL grant for SDT, grants includes the use of SRB0, SRB1 or SRB2) ; and determining whether to transmit data on the SRB 1 and/or the SRB2 in a small data transmission (SDT) mode based on the indication message ([0116]: wherein the use of UL SDT can belong to a single radio bearer such as SRB1). Regarding claim 5, Palat discloses the method of claim 1, wherein the indication message is transmitted by a broadcast message or dedicated signaling ([0122]: RRC signaling). Regarding claims 6, and 20 Palat discloses the method of claim 1, wherein the association information comprises one or more of the followings: whether a serving cell where terminal camps supports transmitting the data on the SRB1 and/or the SRB2 in the SDT mode ([0116]: wherein the use of UL SDT can belong to a single radio bearer such as SRB1; [0155]-[0156] can use the current gNB context or may move to a new one); whether a neighboring cell of the serving cell where the terminal camps supports transmitting the data on the SRB 1 and/or the SRB2 in the SDT mode ([0116]: wherein the use of UL SDT can belong to a single radio bearer such as SRB1; [0155]-[0156] can use the current gNB context or may move to a new one); transmission configuration for transmitting the data on the SRB 1 and/or the SRB2 in the SDT mode; and service scenarios of transmitting the data on the SRB 1 and/or the SRB2 in the SDT mode. Regarding claim 7, Palat discloses the method of claim 6, wherein the transmission configuration comprises one or more of the followings: a threshold of signaling data for transmission ([0121]: acceptable TBS size granted for UL SDT; [0130]: maximum TBS size allowed for msg 3); and resources corresponding to transmission, wherein the resources comprise configuration grant (CG) resources or random access (RA) resources. Regarding claim 8, Palat discloses the method of claim 6, wherein the service scenarios of transmitting the data on the SRB2 in the SDT mode comprise one or more of: positioning information reporting, tracking area update (TAU), and deregistration ([0139]-[0143]: cell reselection occurs during SDT session; [0142]: UE context in gNB is released). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUCK HUYNH whose telephone number is (571)272-7866. The examiner can normally be reached M-F 10am - 6pm. 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, Kathy Wang-Hurst can be reached at 571-270-5371. 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. /CHUCK HUYNH/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Sep 27, 2023
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §101, §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
86%
With Interview (+14.9%)
3y 6m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 483 resolved cases by this examiner. Grant probability derived from career allowance rate.

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