Prosecution Insights
Last updated: April 19, 2026
Application No. 18/559,233

VARIABLE MAXIMUM DATA BURST VOLUME PATTERNS

Final Rejection §103
Filed
Nov 06, 2023
Examiner
KAUR, PAMIT
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
501 granted / 626 resolved
+22.0% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
23 currently pending
Career history
649
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
62.5%
+22.5% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 626 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 . Claims 1-3, 6-8, 10-12, 15, 20-23, 25-27,30 and 32 are subject under examination. Response to Arguments Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 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. 4. 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, 25, 30, 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2019/0246420 A1) in view of Li (US 20200296438 A1). Regarding claim 1, Park teaches a method performed by a wireless device (See para 0215 “the wireless device 1701”), the method comprising: receiving, from a network node, uplink assistance information comprising a resource transmission pattern configuring a periodicity and a burst volume ( See para 0215 “the base station DU 1702 may send (e.g., forward, transmit), to the wireless device 1701, the initial RRC message.” See para 0199 “RRC message (e.g., 1610-A, 1610-B) may comprise traffic pattern information (e.g., sps-AssistanceInformation, TrafficPatternInfo information element (IE)) associated with the data traffic (e.g., “Data traffic”) of the wireless device 1601. The data traffic may be associated with a first logical channel. The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic));,; see para 0200 “ The traffic pattern information may comprise at least one of a traffic periodicity IE (e.g., trafficPeriodicity IE) indicating an estimated data arrival periodicity, a timing offset IE (e.g., timingOffset IE) indicating an estimated timing for a packet arrival, and/or a message size IE (e.g., messageSize IE) indicating a transport block size (e.g., maximum transport block size) that may be based on an observed traffic pattern of the data traffic.”) wherein at least one of the periodicity and the burst volume is variable over time (See para 095 “The periodicity may be configured to be short (e.g., 1 minute, every radio frame, or any other duration),… the periodicity may be configured to be long (e.g., every 1 hour, or any other duration).”; see para 0166 “resources based on traffic pattern information (e.g., to be synchronized with traffic patterns of the wireless device)”)[ e periodicity being short or long is interpreted as periodicity is variable ) and transmitting uplink data according to the received assistance information (see para 0199 “The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic”) Park doesn’t teach wherein the burst volume is allocated with a latency budget. Li (US 20200296438 A1) teaches the burst volume is allocated with a latency budget. (see para 0026” determining the quantity k of data blocks in the target video segment based on a preset correspondence between a transmission delay and a quantity of data blocks”). Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the burst volume is allocated with a latency budge in the system of Park. The motivation is to improve a rate at which terminal sends data sends. (Li: see para 0078) Regarding claim 30, Park teaches a wireless device adapted to: receive, from a network node, uplink assistance information comprising a resource transmission pattern configuring a periodicity and a burst volume( See para 0215 “the base station DU 1702 may send (e.g., forward, transmit), to the wireless device 1701, the initial RRC message.” See para 0199 “RRC message (e.g., 1610-A, 1610-B) may comprise traffic pattern information (e.g., sps-AssistanceInformation, TrafficPatternInfo information element (IE)) associated with the data traffic (e.g., “Data traffic”) of the wireless device 1601. The data traffic may be associated with a first logical channel. The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic));,; see para 0200 “ The traffic pattern information may comprise at least one of a traffic periodicity IE (e.g., trafficPeriodicity IE) indicating an estimated data arrival periodicity, a timing offset IE (e.g., timingOffset IE) indicating an estimated timing for a packet arrival, and/or a message size IE (e.g., messageSize IE) indicating a transport block size (e.g., maximum transport block size) that may be based on an observed traffic pattern of the data traffic.”), wherein at least one of the periodicity and the burst volume is variable over time(See para 095 “The periodicity may be configured to be short (e.g., 1 minute, every radio frame, or any other duration),… the periodicity may be configured to be long (e.g., every 1 hour, or any other duration).”; see para 0166 “resources based on traffic pattern information (e.g., to be synchronized with traffic patterns of the wireless device)”)[ e periodicity being short or long is interpreted as periodicity is variable ); and transmit uplink data according to the received assistance information. (see para 0199 “The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic”) Park doesn’t teach wherein the burst volume is allocated with a latency budget. Li (US 20200296438 A1) teaches the burst volume is allocated with a latency budget. (see para 0026” determining the quantity k of data blocks in the target video segment based on a preset correspondence between a transmission delay and a quantity of data blocks”). Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the burst volume is allocated with a latency budge in the system of Park. The motivation is to improve a rate at which terminal sends data sends. (Li: see para 0078) Regarding claim 15, Park teaches a method performed by a network node, the method comprising: transmitting, to a wireless device, uplink assistance information comprising a resource transmission pattern configuring a periodicity and a burst volume( See para 0215 “the base station DU 1702 may send (e.g., forward, transmit), to the wireless device 1701, the initial RRC message.” See para 0199 “RRC message (e.g., 1610-A, 1610-B) may comprise traffic pattern information (e.g., sps-AssistanceInformation, TrafficPatternInfo information element (IE)) associated with the data traffic (e.g., “Data traffic”) of the wireless device 1601. The data traffic may be associated with a first logical channel. The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic));,; see para 0200 “ The traffic pattern information may comprise at least one of a traffic periodicity IE (e.g., trafficPeriodicity IE) indicating an estimated data arrival periodicity, a timing offset IE (e.g., timingOffset IE) indicating an estimated timing for a packet arrival, and/or a message size IE (e.g., messageSize IE) indicating a transport block size (e.g., maximum transport block size) that may be based on an observed traffic pattern of the data traffic.”), wherein at least one of the periodicity and the burst volume is variable over time(See para 095 “The periodicity may be configured to be short (e.g., 1 minute, every radio frame, or any other duration),… the periodicity may be configured to be long (e.g., every 1 hour, or any other duration).”; see para 0166 “resources based on traffic pattern information (e.g., to be synchronized with traffic patterns of the wireless device)”)[ e periodicity being short or long is interpreted as periodicity is variable ); and receiving, from the wireless device, uplink data according to the received assistance information. (see para 0199 “The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic”) Park doesn’t teach wherein the burst volume is allocated with a latency budget. Li (US 20200296438 A1) teaches the burst volume is allocated with a latency budget. (see para 0026” determining the quantity k of data blocks in the target video segment based on a preset correspondence between a transmission delay and a quantity of data blocks”). Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the burst volume is allocated with a latency budge in the system of Park. The motivation is to improve a rate at which terminal sends data sends. (Li: see para 0078) Regarding claim 32, Park teaches a method performed by a network node, the method comprising: transmit, to a wireless device, uplink assistance information comprising a resource transmission pattern configuring a periodicity and a burst volume( See para 0215 “the base station DU 1702 may send (e.g., forward, transmit), to the wireless device 1701, the initial RRC message.” See para 0199 “RRC message (e.g., 1610-A, 1610-B) may comprise traffic pattern information (e.g., sps-AssistanceInformation, TrafficPatternInfo information element (IE)) associated with the data traffic (e.g., “Data traffic”) of the wireless device 1601. The data traffic may be associated with a first logical channel. The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic));,; see para 0200 “ The traffic pattern information may comprise at least one of a traffic periodicity IE (e.g., trafficPeriodicity IE) indicating an estimated data arrival periodicity, a timing offset IE (e.g., timingOffset IE) indicating an estimated timing for a packet arrival, and/or a message size IE (e.g., messageSize IE) indicating a transport block size (e.g., maximum transport block size) that may be based on an observed traffic pattern of the data traffic.”), wherein at least one of the periodicity and the burst volume is variable over time(See para 095 “The periodicity may be configured to be short (e.g., 1 minute, every radio frame, or any other duration),… the periodicity may be configured to be long (e.g., every 1 hour, or any other duration).”; see para 0166 “resources based on traffic pattern information (e.g., to be synchronized with traffic patterns of the wireless device)”)[ e periodicity being short or long is interpreted as periodicity is variable ); and receive, from the wireless device, uplink data according to the received assistance information. (see para 0199 “The traffic pattern information may be for a sidelink transmission and/or for an uplink transmission of the data traffic”) Park doesn’t teach wherein the burst volume is allocated with a latency budget. Li (US 20200296438 A1) teaches the burst volume is allocated with a latency budget. (see para 0026” determining the quantity k of data blocks in the target video segment based on a preset correspondence between a transmission delay and a quantity of data blocks”). Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the burst volume is allocated with a latency budge in the system of Park. The motivation is to improve a rate at which terminal sends data sends. (Li: see para 0078) Regarding claim 2, Park teaches wherein the burst volume comprises a number of bytes (see para 0202 “The message size IE may comprise a bit string (e.g., of size 6 or any other value; indicating 64 size values or any other size values; in unit of bytes or any other length.”) 8. Claim(s) 3, 6, 8, 11, 20, 21, 23, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2019/0246420 A1) in view of Li (US 20200296438 A1) and further in view of Kela (WO 2022089752 A1). Regarding claim 3, Park doesn’t teach wherein the burst volume comprises a Maximum Data Burst that a 5th Generation, 5G, Access Network serves to the wireless device within a Packet Delay Budget, PDB. Kela WO2022089752A1 teaches wherein the burst volume comprises a Maximum Data Burst that a 5th Generation, 5G, Access Network serves to the wireless device within a Packet Delay Budget, PDB. (see para 0115 “ maximum data burst volume may comprise an upper limit for the amount of data, e.g. bits, for the burst.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the burst volume comprises a Maximum Data Burst in the system of Park. The motivation is to improve reliability of burst transmission of data packets. (Kela: see para 0004) Regarding claim 6,20, Park doesn’t teach the resource transmission pattern is associated with a plurality of transmission instances, a first burst volume applies to at least one transmission instance of the plurality of transmission instances and a second burst volume applies to at least one transmission instance in the plurality of transmission instances, the second burst volume being different from the first burst volume. Kela WO2022089752A1 teaches the resource transmission pattern is associated with a plurality of transmission instances (see para 0100 “separate transmission legs may be provided between two devices, but with physically separate transmission resources such as for example frequency or time resource”), a first burst volume applies to at least one transmission instance of the plurality of transmission instances (see para 0110 “At time t1, data packets A1, A2, and A3 for message or burst A become available for transmission. The data packets may be also called service data units (SDU). The source device 620 may transmit the (uncoded) data packets A1, A2, A3 as a burst of data packets to the target device 610.”; see para 0115 “the source device 620 may determine that the whole burst, e.g. the data packets belonging to a particular burst, has not yet been received, in response to determining that the arrival time of the data packet complies with a burst arrival time, burst periodicity, burst spread, and/or maximum data burst volume associated with the burst.”), and a second burst volume applies to at least one transmission instance in the plurality of transmission instances, the second burst volume being different from the first burst volume (see para 0111 “At time t2, data packets B1, B2, and B3 for message or burst B become available for transmission. The source device 620 may transmit the data packets B1, B2, B3 as a burst of data packets to the target device 610”; see para 0115” the source device 620 may determine that the whole burst, e.g. the data packets belonging to a particular burst, has not yet been received, in response to determining that the arrival time of the data packet complies with a burst arrival time, burst periodicity, burst spread, and/or max data burst volume associated with the burst.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine first/ second burst volume applies to at least one transmission instance of the plurality of transmission instances in the system of Park. The motivation is to improve reliability of burst transmission of data packets. (Kela: see para 0004) Regarding claim 21, Park doesn’t teach a first burst volume applies to at least one transmission instance of the plurality of transmission instances and a second burst volume applies to at least one transmission instance in the plurality of transmission instances, the second burst volume being different from the first burst volume. Kela WO2022089752A1 teaches a first burst volume applies to at least one transmission instance of the plurality of transmission instances (see para 0110 “At time t1, data packets A1, A2, and A3 for message or burst A become available for transmission. The data packets may be also called service data units (SDU). The source device 620 may transmit the (uncoded) data packets A1, A2, A3 as a burst of data packets to the target device 610.”; see para 0115 “the source device 620 may determine that the whole burst, e.g. the data packets belonging to a particular burst, has not yet been received, in response to determining that the arrival time of the data packet complies with a burst arrival time, burst periodicity, burst spread, and/or maximum data burst volume associated with the burst.”), and a second burst volume applies to at least one transmission instance in the plurality of transmission instances, the second burst volume being different from the first burst volume (see para 0111 “At time t2, data packets B1, B2, and B3 for message or burst B become available for transmission. The source device 620 may transmit the data packets B1, B2, B3 as a burst of data packets to the target device 610”; see para 0115” the source device 620 may determine that the whole burst, e.g. the data packets belonging to a particular burst, has not yet been received, in response to determining that the arrival time of the data packet complies with a burst arrival time, burst periodicity, burst spread, and/or max data burst volume associated with the burst.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine first/ second burst volume applies to at least one transmission instance of the plurality of transmission instances in the system of Park. The motivation is to improve reliability of burst transmission of data packets. (Kela: see para 0004) Regarding claims 8, 23, Park doesn’t teach a first periodicity applies to at least one transmission instance of the plurality of transmission instances and a second periodicity applies to at least one transmission instance of the plurality of transmission instances, the second periodicity being different from the first periodicity. Kela teaches a first periodicity applies to at least one transmission instance of the plurality of transmission instancesee para 0110 “At time t1, data packets A1, A2, and A3 for message or burst A become available for transmission. The data packets may be also called service data units (SDU). The source device 620 may transmit the (uncoded) data packets A1, A2, A3 as a burst of data packets to the target device 610.”; see para 0115 “the source device 620 may determine that the whole burst, e.g. the data packets belonging to a particular burst, has not yet been received, in response to determining that the arrival time of the data packet complies with a burst arrival time, burst periodicity”; see para 0099 “4. A set of bursts may be transmitted according to burst periodicity, which may be a parameter indicating a time period between consecutive bursts, and a second periodicity applies to at least one transmission instance of the plurality of transmission instances, the second periodicity being different from the first periodicity. (see para 0111 “At time t2, data packets B1, B2, and B3 for message or burst B become available for transmission. The source device 620 may transmit the data packets B1, B2, B3 as a burst of data packets to the target device 610”; see para 0115 “the source device 620 may determine that the whole burst, e.g. the data packets belonging to a particular burst, has not yet been received, in response to determining that the arrival time of the data packet complies with a burst arrival time, burst periodicity”; see para 0099 “4. A set of bursts may be transmitted according to burst periodicity, which may be a parameter indicating a time period between consecutive bursts”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine a first periodicity applies to at least one transmission instance of the plurality of transmission instance in the system of Park. The motivation is to improve reliability of burst transmission of data packets. (Kela: see para 0004) Regarding claims11, 26, Park teaches wherein the uplink data is transmitted in a transmission instance with uplink control information indicating whether the transmission instance is associated with at least one of: the first burst volume, the second burst volume, the first periodicity, the second periodicity (see para 0105 “The base station may allocate CS resources for uplink data transmission to a wireless device. The base station may transmit one or more RRC messages indicating a periodicity of the CS grant.”) 9. Claim(s) 7 , 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2019/0246420 A1) and Li (US 20200296438 A1). in view of Kela (WO 2022089752 A1) and further in view of Nakazumi US 20100202475 A1). Regarding claim 7,22, Park doesn’t teach a first latency budget period applies to the at least one transmission instance having the first burst volume, and a second latency budget period applies to the at least one transmission instance having the second burst volume. Nakazumi US 20100202475 A1teaches wherein: a first latency budget period applies to the at least one transmission instance having the first burst volume, and a second latency budget period applies to the at least one transmission instance having the second burst volume. (see para 0063 “. The detector 92 obtains the operating time of the timer 82 at this time as the latency time. The latency time depends on traffic on the FC loop 34. [0064] The burst length setting module 94 variably sets the burst length of information to be transmitted .. in accordance with the latency time detected by the detector 92. That is, the burst length setting module 92 sets the burst length variably so that the burst length may be longer as the latency time is shorter and be shorter as the latency time is longer.”)[ latency period is based on the burst length] Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine first/ second burst volume applies to at least one transmission instance of the plurality of transmission instances in the system of Park. The motivation is to improve throughput of the system (Nakazumi: see para 0113) 11. Claim(s) 10 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2019/0246420 A1) and Li (US 20200296438 A1) in view of Kela (WO 2022089752 A1) and further in view of Babaei (US 20230413204 A1 ) . Regarding claim 10,25, Park doesn’t teach Acknowledge Mode applies to at least one transmission instance of the plurality of transmission instances, and Unacknowledge Mode applies to at least one transmission instance in the plurality of transmission instances. Babaei (US 20230413204 A1 ) teaches Acknowledge Mode applies to at least one transmission instance of the plurality of transmission instances, and Unacknowledge Mode applies to at least one transmission instance in the plurality of transmission instances. (see para 0008 “Both RLC Unacknowledged Mode (UM) and Acknowledged Mode (AM) may be used in unicast transmission while only UM may be used in groupcast or broadcast transmission.”) Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine Acknowledge Mode applies to at least one transmission instance of the plurality of transmission instances, and Unacknowledge Mode applies to at least one transmission instance in the plurality of transmission instances in the system of Park. The motivation is to improve efficiency (Babaei: see para 0159) Allowable Subject Matter Claims 12 and 27 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. Conclusion 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 PAMIT KAUR whose telephone number is (571)270-5665. The examiner can normally be reached 9AM-5PM. 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, NOEL BEHARRY can be reached at 5712705630. 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. /PAMIT KAUR/Examiner, Art Unit 2416
Read full office action

Prosecution Timeline

Nov 06, 2023
Application Filed
Nov 12, 2025
Non-Final Rejection — §103
Feb 11, 2026
Response Filed
Mar 10, 2026
Final Rejection — §103 (current)

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