Prosecution Insights
Last updated: April 18, 2026
Application No. 18/562,832

DATA PROCESSING METHOD AND APPARATUS, DEVICE AND STORAGE MEDIUM

Non-Final OA §101§103
Filed
Nov 21, 2023
Examiner
BUKHARI, SIBTE H
Art Unit
2449
Tech Center
2400 — Computer Networks
Assignee
Datang Mobile Communications Equipment Co. Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
336 granted / 428 resolved
+20.5% vs TC avg
Strong +37% interview lift
Without
With
+37.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
19 currently pending
Career history
447
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
61.9%
+21.9% vs TC avg
§102
9.1%
-30.9% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 428 resolved cases

Office Action

§101 §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 . Status of Claims This action is in response to application filed on 6/13/2017. Claims 1-7, 9, 15-21, 23 and 25 have been elected with traverse in response to the restriction. Claims 1-7, 9, 15-21, 23 and 25 have been examined and are pending with this action. Claims 10-11 & 24 have been withdrawn based on amendment filed on 1/12/2026. Priority Examiner acknowledges that the Applicant claims a priority benefit of PCT/CN2022/092409 filed on 5/12/2022 which claims priority to Chinese Patent Application No. 202110560544.3, filed with China National Intellectual Property Administration on May 21, 2021. Drawings The drawings were received on 3/26/2019 and these drawings are accepted. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/25/2024, and 11/21/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Election/Restriction Applicant’s election with traverse of Group I, claims 1-7, 9, 15-21, 23 and 25 in the reply filed on 1/12/2026 is acknowledged. 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 25 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 25 is rejected under 35 U.S.C. 101 as they are drawn to transitory media (i.e. signals, carrier waves, etc.). While the applicants appear to be attempting to claim a processor-readable medium, which would qualify as one of the four statutory categories of invention, the applicants' Specification (0219) recites “The processor-readable storage medium may be any available medium or data storage device that the processor can access, including but not limited to magnetic storage (such as floppy disk, hard disk, magnetic tape, magneto-optical disk (MO), etc.), optical storage (such as CD, DVD, BD, HVD, etc.), and semiconductor memory (such as ROM, EPROM, EEPROM, non-volatile memory (NAND FLASH), solid state disk (SSD)), etc..” This language defines the applicant's computer readable media to include transitory signals, thereby failing to meet 35 U.S.C. 101 statutory requirements. The examiner notes that amending the claim language from "processor-readable mediums” to "non-transitory computer-readable mediums” or "memory device" or "computer-readable storage medium where the medium does not comprise a signal" would resolve the 35 U.S.C. 101 issue. 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 of this title, 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. Claims 1-7, 9, 15-21, 23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2020063588 A1) in view of Zhou (CN 201911013198 A). INDEPENDENT: As per claim 1, Wang discloses a data processing method, applied to a terminal device (Wang: [Fig 2]: “receiving sidelink drive test configuration information from a centralized data processing center on the access network side.”), comprising: acquiring measurement configuration information and identification information of a target service (Wang: [Fig 3 Step 1]: the terminal obtains the sidelink drive test according to the sidelink drive test configuration information, the base station sends sidelink driving test configuration information, wherein in M8 the layer 2 measurements are indicated as measurement item QoS, see paragraphs 63 and 66; the measurement object in the measurement configuration comprises a to-be-measured service type which anticipates the identification information of the target service, see paragraph 67);; obtaining measurement data of the target service according to the measurement configuration information (Wang: [Fig 3 Step 2]: “UE obtains sidelink drive test configuration information from a roadside unit or a relay node or a local management terminal or a group management terminal & The UE performs a sidelink communication drive test measurement, obtains the sidelink drive test information, and saves it.”); and sending the measurement data to a network device (Wang: [Fig 3 Step 2]: “The UE reports the sidelink drive test information to the base station; according to the report configuration information in the sidelink drive test configuration information configured by the base station, when the sending period is reached or the report trigger condition is satisfied, the measurement result information of the required measurement item is reported.”). Wang does not explicitly teaches a layer-2 measurement. Zhou however discloses a layer-2 measurement. (Zhou: [Fig 4 Step 1]: “UE1 from the upper layer to obtain the application layer identification of a certain vehicle networking unicast service, and according to the service configuration information determining the unicast service corresponding to the default target layer two identification (default Layer-2 ID), and selecting itself corresponding to the unicast service of Layer-2 ID, the UE1 sends the SCI scrambled by the common SL-RNTI (Sidelink-RadioNetwork Temporary Identifier) through the PSCCH channel”); Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wang in view of Zhou to figure out a layer-2 measurement. One would be motivated to do so because this assures to reduce the wireless link management and channel measurement work of the terminal, and improve the communication efficiency of the whole vehicle network system. (Zhou: [ABS]). Claims 15 and 25 are rejected based on rationale provided for claim 1. DEPENDENTS: As per claim 2, Wang/Zhou discloses the data processing method according to claim 1, wherein the measurement configuration information comprises a measurement category, and the measurement category comprises at least one or more of: an average packet delay, a packet loss rate, throughput, a data volume, or stuck times (Wang: [Fig 3 Step 2]: “Based on the sidelink logical channel between the source and target pairs, or the sidelink bearer, or the service packet priority PPPP, or the service packet reliability PPPR, or the fifth generation mobile communication system service quality identification 5QI, the data volume data, volume, or throughput throughout, Or packet delay packet delay, packet loss rate packet loss rate, or packet discard rate measurement result information.”);; the obtaining the measurement data of the target service according to the measurement configuration (Wang: [Fig 3 Step 2]: “UE obtains sidelink drive test configuration information from a roadside unit or a relay node or a local management terminal or a group management terminal & The UE performs a sidelink communication drive test measurement, obtains the sidelink drive test information, and saves it.”) information specifically comprises: for a different measurement category, measuring the target service respectively, and obtaining the measurement data of the target service corresponding to the measurement category (Wang: [Embodiment 8]: “The base station obtains UE and PC5 QoS related parameters from the access mobility management function entity & the base station obtains UE related PC5 QoS related parameters from the access mobility management function entity, the method further includes: the base station receives a PC5 communication request / sidelink communication resource request sent by the terminal.”). As per claim 3, Wang/Zhou discloses the data processing method according to claim 1, wherein the measurement configuration information comprises a measurement time, and the measurement time comprises a measurement period or a measurement time point (Wang: [Embodiment 1]: “he measurement related parameters in the sidelink drive test configuration information include: the channel busy rate CBR threshold used for sidelink resource pool congestion measurement, the delay threshold used for sidelink QoS measurement, the measurement period, and the measurement time interval.”); the obtaining the measurement data of the target service according to the measurement configuration information (Wang: [Fig 3 Step 2]: “UE obtains sidelink drive test configuration information from a roadside unit or a relay node or a local management terminal or a group management terminal & The UE performs a sidelink communication drive test measurement, obtains the sidelink drive test information, and saves it.”) specifically comprises: measuring the target service periodically according to the measurement period, and obtaining the measurement data of the target service acquired within the measurement period (Wang: [claim 3]: “wherein the measurement-related parameters include at least one of: a channel busy rate CBR threshold used for sidelink resource pool congestion measurement, a delay threshold used for sidelink QoS measurement, a measurement period, and a measurement time interval.”). As per claim 4, Wang/Zhou discloses the data processing method according to claim 1, wherein the data processing method further comprises: storing the measurement data while the measurement data is obtained (Wang: [Embodiment 5]: “After receiving the sidelink log drive test configuration information, the UE performs local storage and processing. When the UE is in the idle state or the inactive state, the sidelink measurement is performed and the record is saved.”). As per claim 5, Wang/Zhou discloses the data processing method according to claim 4, wherein the storing the measurement data specifically comprises: determining whether the measurement data satisfies a preset condition (Wang: [Embodiment 5]: “when the configuration side needs to adjust the reporting condition of the sidelink drive test information according to the sidelink drive test configuration information, the sidelink drive test configuration information is set. It also includes: measurement report configuration conditions; when the generated sidelink drive test information meets the measurement report configuration conditions, the terminal will report the sidelink drive test information to the configuration side to complete the process of reporting the sidelink drive test information..”); and storing the measurement data if it is determined that the preset condition is satisfied (Wang: [Embodiment 5]: “After receiving the sidelink log drive test configuration information, the UE performs local storage and processing. When the UE is in the idle state or the inactive state, the sidelink measurement is performed and the record is saved.”). As per claim 6, Wang/Zhou discloses the data processing method according to claim 1, wherein the measurement configuration information comprises a reporting time, and the reporting time comprises a reporting period or a reporting time point (Wang: [Fig 3: M1]: “the UE records the measurement result, and reports the measurement result when the reporting period is reached, or triggers the measurement result when the number or ratio of the CBR measurement value exceeds the CBR threshold value reaches the trigger reporting threshold value.”).; the sending the measurement data to the network device specifically comprises: sending the measurement data to the network device periodically according to the reporting period (Wang: [Embodiment 4]: “When the UE has the reporting conditions (UE willingness or the UE meets the reporting conditions or the UE enters the connected state), the UE sends a sidelink drive test information record indication to the base station.”). As per claim 7, Wang/Zhou discloses the data processing method according to claim 1, wherein the sending the measurement data to the network device comprises: sending a measurement data reporting request to the network device (Wang: [Embodiment 4]: “When the UE has the reporting conditions (UE willingness or the UE meets the reporting conditions or the UE enters the connected state), the UE sends a sidelink drive test information record indication to the base station.”)., and sending the measurement data to the network device if a report-allow response information returned by the network device is received (Wang: [Fig 3 Step 2]: “The UE reports the sidelink drive test information to the base station; according to the report configuration information in the sidelink drive test configuration information configured by the base station, when the sending period is reached or the report trigger condition is satisfied, the measurement result information of the required measurement item is reported.”). As per claim 9, Wang/Zhou discloses the data processing method according to claim 1, wherein the data processing method (Wang: [Fig 2]: “receiving sidelink drive test configuration information from a centralized data processing center on the access network side.”), further comprises: sending reference information of the target service to the network device (Wang: [Fig 3 Step 2]: “The UE reports the sidelink drive test information to the base station; according to the report configuration information in the sidelink drive test configuration information configured by the base station, when the sending period is reached or the report trigger condition is satisfied, the measurement result information of the required measurement item is reported.”).; wherein the reference information comprises at least one or more of identification information of a cell where the terminal device is located, identification information of an adjacent cell of a cell where the terminal device is located, geographic location information of the terminal device, signal strength of a cell where the terminal device is located, signal strength of an adjacent cell of a cell where the terminal device is located, signal quality of a cell where the terminal device is located, or signal quality of an adjacent cell of a cell where the terminal device is located (Wang: [Fig 2]: “The measurement objects in the sidelink drive test configuration information include: the resource pool to be measured, the measurement execution zone (zone), the cell list of the measurement execution area, the SPS configuration index to be measured, the type of service to be measured, and the public land to be measured At least one of a list of mobile network PLMNs & The network can optimize the priority synchronization source type in the configuration or pre-configuration information in different cells, different geographic areas, and different time periods based on the synchronization source measurement information.”). Claims 14-21 & 23 are rejected based on rationale provided for claims 2-7 & 9. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes: Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sibte Bukhari whose telephone number is (571) 270-7122. The examiner can normally be reached on M-F 9:00 - 6:00. 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, Vivek Srivastava can be reached on (571) 272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SIBTE H BUKHARI/Examiner, Art Unit 2449
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Prosecution Timeline

Nov 21, 2023
Application Filed
Apr 03, 2026
Non-Final Rejection — §101, §103 (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
78%
Grant Probability
99%
With Interview (+37.0%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 428 resolved cases by this examiner. Grant probability derived from career allow rate.

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