DETAILED ACTION
This communication is in response to applicant's response filed under 37 C.F.R. §1.111, dated January 27, 2026 in response to a non-final office action. Claims 1-13 and 19-21 have been amended. Claims 1-14 and 16-21 are subject to examination and have been examined.
Response to Arguments
Applicant's arguments, with respect to the amended claims, filed January 27, 2026 have been fully considered but they are not persuasive for the following reasons:
Applicant's Argument:
Regarding Claims 1, 16, and 19 (35 USC§ 102): The Applicant argues in substance that, "Agiwal is directed to handling SDT procedures when non-SDT data arrives during an ongoing SDT procedure with an SDT DRB (Agiwal, paragraph [0043]). Agiwal, however, does not disclose that a terminal device, or UE, is configured to determine that an SRB is allowed for SDT and allowed to initiate the SDT, as claimed.
Instead, Agiwal discloses that a network signals whether a DRB is allowed for SDT: "network (i.e., gNB) has signaled to UE the DRB(s) for which SDT is enabled/allowed" (Agiwal, paragraph [0162]). Per Agiwal, the UE may then initiate the SDT procedure (Agiwal, paragraph [0163]).
In contrast, the claimed terminal device itself determines that an SRB is allowed for SDT and allowed to initiate the SDT, and then transmits messages carried by the SRB based on the terminal device's determination that the SRB is allowed for SDT and allowed to initiate the SDT. Agiwal does not disclose features being performed by a terminal device.''
Examiner's Response:
The Examiner respectfully disagrees.
Regarding the amended limitations in Claim 1 (similar limitations are in independent claims 16 and 19), Agiwal teaches the claimed limitations as written. In an alternate embodiment, Agiwal teaches the UE checking if the SRB is configured for SDT before initiating the SDT procedure and for resuming the SRB (Agiwal, ¶ [0163-0164]). By the above rationale, Agiwal teaches the amended limitations. See updated rejection below.
Regarding all other arguments presented by Applicant, the arguments are substantially the same as those that have already been addressed above; and in the interest of brevity, the Examiner directs Applicant to those responses above.
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 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)(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.
Claims 1-6, 8-10, 13-14, and 16-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Agiwal et.al. (US Patent Application Publication, 20230380003, hereinafter, “Agiwal”).
Regarding claim 1, Agiwal teaches:
A terminal device, comprising (Agiwal: [0325] FIG. 9 is a block diagram of a terminal ... Fig. 9):
at least one memory; and
at least one processor coupled with the at least one memory and configured to cause the terminal device to (Agiwal: [0326] Referring to FIG. 9, a terminal includes a transceiver 910, a controller 920 and a memory 930 ... The transceiver 910, the controller 920, and the memory 930 are configured to perform the operations of the UE illustrated elsewhere in the figures, e.g., FIGS. 1 to 8 ... Fig. 9):
determine whether a signaling radio bearer (SRB) is allowed for small data transmission (SDT) (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., … SRBs) for which SDT is configured … [0164] ... Note that upon initiation of SDT, UE resumes SRB1, UE resumes SRB 2 if SDT is allowed/enabled/configured for SRB2 ... Fig. 4);
determine whether the SRB is allowed to initiate the SDT (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., DRB(s) and/or SRBs) for which SDT is configured and data is not available for RBs for which SDT is not configured and other criteria (e.g., SDT data threshold, RSRP threshold, SDT resource validity, etc.) to initiate SDT is met. Fig. 4); and
transmit messages carried on the SRB to a network device based on the determinations (Agiwal: [0164] ... Note that upon initiation of SDT, UE resumes SRB1, UE resumes SRB 2 if SDT is allowed/enabled/configured for SRB2 and/or UE resumes DRB(s) for which SDT is allowed/enabled/configured, UE derive security keys and transmit RRCResumeRequest/RRCResumeRequest as explained earlier ... Fig. 4),
wherein the terminal device is in a non-Radio Resource Control (RRC)_CONNECTED state with the network device (Agiwal: [0162] UE is in RRC_INACTIVE state [i.e., not in RRC_CONNECTED state] at operation 410. Network (i.e., gNB) has signaled to UE the DRB(s) for which SDT is enabled/allowed ... Fig. 4).
Regarding claim 16, Agiwal teaches:
A method performed by a terminal device, the method comprising (Agiwal: [0326] Referring to FIG. 9, a terminal includes a transceiver 910, a controller 920 and a memory 930 ... The transceiver 910, the controller 920, and the memory 930 are configured to perform the operations of the UE illustrated elsewhere in the figures, e.g., FIGS. 1 to 8 ... Fig. 9):
determining whether a signaling radio bearer (SRB) is allowed for small data transmission (SDT) (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., … SRBs) for which SDT is configured … [0164] ... Note that upon initiation of SDT, UE resumes SRB1, UE resumes SRB 2 if SDT is allowed/enabled/configured for SRB2 ... Fig. 4);
determining whether the SRB is allowed to initiate the SDT (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., DRB(s) and/or SRBs) for which SDT is configured and data is not available for RBs for which SDT is not configured and other criteria (e.g., SDT data threshold, RSRP threshold, SDT resource validity, etc.) to initiate SDT is met. Fig. 4); and
transmitting messages carried on the SRB to a network device based on the determinations. (Agiwal: [0164] ... Note that upon initiation of SDT, UE resumes SRB1, UE resumes SRB 2 if SDT is allowed/enabled/configured for SRB2 and/or UE resumes DRB(s) for which SDT is allowed/enabled/configured, UE derive security keys and transmit RRCResumeRequest/RRCResumeRequest as explained earlier ... Fig. 4).
Regarding claim 19, Agiwal teaches:
A processor for wireless communication, comprising:
at least one controller coupled with at least one memory and configured to cause the processor to (Agiwal: [0326] Referring to FIG. 9, a terminal includes a transceiver 910, a controller 920 and a memory 930 ... The transceiver 910, the controller 920, and the memory 930 are configured to perform the operations of the UE illustrated elsewhere in the figures, e.g., FIGS. 1 to 8 ... Fig. 9):
determine whether a signaling radio bearer (SRB) is allowed for small data transmission (SDT) (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., … SRBs) for which SDT is configured … [0164] ... Note that upon initiation of SDT, UE resumes SRB1, UE resumes SRB 2 if SDT is allowed/enabled/configured for SRB2 ... Fig. 4);
determine whether the SRB is allowed to initiate the SDT (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., DRB(s) and/or SRBs) for which SDT is configured and data is not available for RBs for which SDT is not configured and other criteria (e.g., SDT data threshold, RSRP threshold, SDT resource validity, etc.) to initiate SDT is met. Fig. 4); and
transmit messages carried on the SRB to a network device based on the determinations (Agiwal: [0164] ... Note that upon initiation of SDT, UE resumes SRB1, UE resumes SRB 2 if SDT is allowed/enabled/configured for SRB2 and/or UE resumes DRB(s) for which SDT is allowed/enabled/configured, UE derive security keys and transmit RRCResumeRequest/RRCResumeRequest as explained earlier ... Fig. 4), wherein the processor is in a non-Radio Resource Control (RRC)_CONNECTED state with the network device (Agiwal: [0162] UE is in RRC_INACTIVE state [i.e., not in RRC_CONNECTED state] at operation 410. Network (i.e., gNB) has signaled to UE the DRB(s) for which SDT is enabled/allowed ... Fig. 4).
Regarding claims 2 and 20, Agiwal discloses on the features with respect to claims 1, and 19 as outlined above.
Agiwal further teaches:
whether the SRB is allowed for the SDT is configured by the network device on a per message to be carried on the SRB basis or on a per RB basis (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., DRB(s) and/or SRBs) for which SDT is configured and data is not available for RBs for which SDT is not configured and other criteria (e.g., SDT data threshold, RSRP threshold, SDT resource validity, etc.) to initiate SDT is met. Fig. 4).
Regarding claims 3, 18, and 21, Agiwal discloses on the features with respect to claims 1, and 19 as outlined above.
Agiwal further teaches:
whether the SRB is allowed to initiate the SDT is configured by the network device on a per message to be carried on the SRB basis or on a per RB basis (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., DRB(s) and/or SRBs) for which SDT is configured and data is not available for RBs for which SDT is not configured and other criteria (e.g., SDT data threshold, RSRP threshold, SDT resource validity, etc.) to initiate SDT is met. Fig. 4).
Regarding claim 4, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
the SRB is configured to allow for the SDT and allowed to initiate the SDT without any data radio bearers (DRBs) data arrival for the SDT (Agiwal: [0163] ... In an alternate embodiment, SDT procedure is initiated by UE when MO [mobile originated] data (can be user data or signaling data) becomes available at UE for RB(s) (i.e., DRB(s) and/or SRBs) for which SDT is configured and data is not available for RBs for which SDT is not configured and other criteria (e.g., SDT data threshold, RSRP threshold, SDT resource validity, etc.) to initiate SDT is met. Fig. 4).
Regarding claim 5, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
the SRB is configured to allow for the SDT, but not allowed to initiate the SDT, when there is no data arrival from DRBs for the SDT (Agiwal: [0160] Small data transmission is configured by the network (i.e., gNB) on a per DRB (or radio bearer (RB)) basis. The SDT procedure is initiated by UE in RRC_INACTIVE when data arrives only for DRB(s) (or RB(s)) for which SDT is configured …).
Regarding claim 6, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
when the SRB is not configured for the SDT, the messages carried on the SRB are transmitted by multiplexing with an allowed data for the SDT or DRBs for the SDT (Agiwal: [0176] In the UL grant received during the SDT procedure, UE may multiplex data from both SDT and non SDT LCHs …).
Regarding claim 8, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
The terminal device of claim 1, wherein
criteria for whether the SRB initiates the SDT include a criterion user data volume is smaller than a data volume threshold, wherein calculation of the user data volume includes:
counting in only the arrival data volume of the configured SDT DRBs if the SDT is configured to be initiated only by DRBs for the SDT (Agiwal: [0163] SDT procedure is initiated by UE when mobile originated (MO) data becomes available at UE for DRB(s) for which SDT is configured/enabled/allowed and data is not available for DRBs for which SDT is not configured and other criteria (e.g., sum of data volume in all RB(s) for which SDT is configured/enabled/allowed is less than (or less than equal to) the SDT data threshold ... Fig. 4).
Regarding claim 9, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
criteria for whether the SRB initiates the SDT include at least defining a timer for the SRB, wherein once data for the SRB arrives, the timer is started, and if a UL resource for the SDT arrives, the data is transmitted depending on the state of the timer (Agiwal: [0187] (Alternate) While the SDT procedure is ongoing (in other words while the SDT timer is running), if data arrives for non SDT SRB or if cumulative volume of data for non SDT DRBs is greater than threshold, where threshold is configured to UE by gNB in RRCRelease message or in RRCReconfiguration message or system information or another signaling message, UE may perform the following operation: … [0188] If the priority of LCH of non SDT DRB (or RB) having UL data available is higher than the highest priority LCH of SDT DRB(s) (or RB(s)) having UL data available; or if none of LCHs have UL data available: MAC entity in the UE triggers BSR at operation 540. In an embodiment, the BSR can be regular BSR … [0190] In an embodiment, for BSR triggered due to arrival of data of non SDT DRB (or RB), SR is not triggered, and RA is not triggered. BSR MAC CE is transmitted in UL grant received during the SDT procedure at operation 560.).
Regarding claim 10, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
wherein the SRB specific for the SDT is configured by the network (Agiwal: [0162] ... In an alternate embodiment, gNB has signaled to UE the RB(s) (i.e., DRB(s) and/or SRBs) for which SDT is enabled/allowed. Fig. 4).
Regarding claim 13, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
the SRB as a normal SRB is configured by the network, wherein the priority of the SRB is configured and used temporarily with a specific priority of the DRB for the SDT (Agiwal: [0170] In case of data arrival for SDT DRB (or RB) while SDT is ongoing or in case of data arrival for a DRB (or RB) while SDT is not ongoing (e.g. in RRC connected state), if data become available for LCH of a DRB (or RB) and if the priority of LCH of DRB (or RB) for which UL data becomes available is higher than the highest priority LCH of DRB(s) (or RB(s)) having UL data available, then regular BSR is triggered. However, while the SDT procedure is ongoing and if data becomes available for one or more DRBs (or RB(s)) for which SDT is not configured, then irrespective of LCH priority of non SDT DRB (or RB), BSR is triggered).
Regarding claim 14, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal further teaches:
wherein the SRB is SRB2 Agiwal: [0164] ... Note that upon initiation of SDT, UE resumes SRB1, UE resumes SRB 2 if SDT is allowed/enabled/configured for SRB2 and/or UE resumes DRB(s) for which SDT is allowed/enabled/configured, UE derive security keys and transmit RRCResumeRequest/RRCResumeRequest as explained earlier ... Fig. 4).
Regarding claim 17, Agiwal discloses on the features with respect to claim 16 as outlined above.
Agiwal further teaches:
wherein the terminal device is not in a Radio Resource Control (RRC)_CONNECTED state with the network device (Agiwal: [0162] UE is in RRC_INACTIVE state [i.e., not in RRC_CONNECTED state] at operation 410. Network (i.e., gNB) has signaled to UE the DRB(s) for which SDT is enabled/allowed ... Fig. 4).
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 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 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Agiwal in view of Ericsson, “CP aspects for SDT”, 3GPP TSG RAN WG2 #113e, R2-2101177, hereinafter, “Ericsson”, Also in Applicant’s IDS).
Regarding claim 7, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal does not explicitly teach:
criteria for whether the SRB initiates the SDT include a criterion that the data for the SRB arrives earlier than the uplink (UL) resource for the SDT by a time interval less than a threshold.
However, in the same field of endeavor, Ericsson teaches:
criteria for whether the SRB initiates the SDT include a criterion that the data for the SRB arrives earlier than the uplink (UL) resource for the SDT by a time interval less than a threshold (Ericsson: The UE attempting an SDT access either via CG Type 1 or RACH depends on the availability of a grant, i.e. if the UL synchronization state is adequate according to a running timer … For the CG-SDT case, the situation is somewhat different. Similar to RA-SDT, the first UL transmission will contain an RRC ResumeRequest. Since the periodicity of a CG configuration can be within a wide range it cannot always be expected that the RRC Release will come after each CG transmission ... Therefore, it is advantageous that the new timer for SDT failure detection is restarted after each UL or DL transmission, giving better flexibility for the gNB to control the validity and effectiveness of the configuration. After every transmission on a CG occasion the UE will expect HARQ acknowledgement and possibly other DL data. However, the UE does not need a new NCC or I-RNTI after each CG transmission. It should therefore be sufficient to send the RRC Release if the gNB wishes to update the configuration, e.g. issuing a new TA when TAT is about to expire, keep the new timer for SDT failure detection from expiring or to release the configuration ... [Page 3, Section 2.1.1 and Page 5, Section 2.2]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Agiwal to include the features as taught by Ericsson above in order to provide better flexibility for the gNB to control the validity and effectiveness of the configuration. (Ericsson, ¶ [Page 5, Section 2.2]).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Agiwal in view of Kadiri et.al. (US Patent Application Publication, 20210259031, hereinafter, “Kadiri”).
Regarding claim 11, Agiwal discloses on the features with respect to claim 1 as outlined above.
Agiwal does not explicitly teach:
a configuration for the SRB allowed for the SDT is implicitly or explicitly requested by the UE.
However, in the same field of endeavor, Kadiri teaches:
a configuration for the SRB allowed for the SDT is implicitly or explicitly requested by the UE (Kadiri: [0057] Selecting a SRB configuration without knowing a UE's radio capabilities may limit the base station's ability to tailor or optimize the SRB configuration for the UE. This may be particularly problematic for cellular IoT (CIoT) devices, such as eMTC or NB-IoT devices, using control plane optimization for small data transmission and these CIoT devices may have varying radio capabilities for different radio enhancements. Thus, it is desirable for the base station to obtain the UE radio capabilities of such devices before selecting and transmitting the SRB configuration in the RRC connection setup message … [0169] At block 1226, the BS transmits the SRB configuration to the UE in an RRC connection setup message ... Figs. 4, 12C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Agiwal to include the features as taught by Kadiri above in order to optimize the SRB configuration. (Kadiri, ¶ [0057]).
Regarding claim 12, Agiwal-Kadiri discloses on the features with respect to claim 11 as outlined above.
Kadiri further teaches:
the implicit request includes at least the UE capability with an indication of SRB based SDT (Kadiri: [0057] Selecting a SRB configuration without knowing a UE's radio capabilities may limit the base station's ability to tailor or optimize the SRB configuration for the UE. This may be particularly problematic for cellular IoT (CIoT) devices, such as eMTC or NB-IoT devices, using control plane optimization for small data transmission and these CIoT devices may have varying radio capabilities for different radio enhancements. Thus, it is desirable for the base station to obtain the UE radio capabilities of such devices before selecting and transmitting the SRB configuration in the RRC connection setup message … [0169] At block 1226, the BS transmits the SRB configuration to the UE in an RRC connection setup message ... Figs. 4, 12C).
The rationale and motivation for adding this teaching of Kadiri is the same as the rationale and motivation for Claim 11.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 LIEM H NGUYEN whose telephone number is (408)918-7636. The examiner can normally be reached on Monday-Friday, 8:30AM-5:00PM PT.
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/LIEM H. NGUYEN/Primary Examiner, Art Unit 2416