Prosecution Insights
Last updated: April 19, 2026
Application No. 18/568,259

DATA TRANSMISSION METHOD, DEVICE AND STORAGE MEDIUM

Non-Final OA §102§112
Filed
Dec 07, 2023
Examiner
CHRISS, ANDREW W
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Datang Mobile Communications Equipment Co. Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
4y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
150 granted / 208 resolved
+14.1% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 4m
Avg Prosecution
59 currently pending
Career history
267
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
40.3%
+0.3% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
26.6%
-13.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 208 resolved cases

Office Action

§102 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Response to Amendment Applicant’s preliminary amendment, filed 7 December 2023, has been entered and carefully considered. Claims 1, 3, 4, 6, 7, 9, 11, 12, 16, 19, 21-23 and 26 are amended. Claims 32-35 are newly added. Claims 5, 8, 10, 13-15, 17, 18, 24, 25 and 27-31 are canceled. Claims 1-4, 6, 7, 11, 12, 16, 19-23, 26 and 32-35 are currently pending. Information Disclosure Statement The information disclosure statements (IDS) submitted on 7 December 2023, 3 November 2024, and 26 May 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Interpretation Claims 3 and 21 recite the claim language (emphasis added by the Office) “the relevant information comprises at least one or more of the following: information related to a data volume of the first transmission data; information related to a signal quality of a measured reference signal; information related to the determined target transmission mode.” As such, the Office interprets this phrase to comprise an alternative limitation, where prior art teaching any of the respective information options (either alone or in combination with others) meets the claimed “relevant information.” As set forth in the rejection under 35 U.S.C. 102(a)(2) herein, limitations in dependent claims that further limit an unselected option for the “relevant information” in Claims 3 and 21 are not required as part of the broadest reasonable interpretation. The Office notes that Claims 4, 6, 7, 9, and 12 (and the corresponding apparatus claims) also recite similar alternative limitations and are interpreted in a consistent fashion to Claims 3 and 21. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 9, 11, 16, 22, 26 and 35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding Claims 9 and 35, the claim language first recites (emphasis added by the Office) “wherein the signal quality of the reference signal is obtained by measurement for determining whether to select an SDT mode, or the signal quality of the reference signal is obtained by measurement for selecting an uplink (UL) carrier”. As such, “determining whether to select an SDT mode” or “for selecting an uplink (UL) carrier” are claimed in the alternative to one another. Subsequently, the claim language recites (emphasis added by the Office) “wherein a first preset signal quality threshold corresponding to the reference signal measured for determining whether to select the SDT mode is different from or identical to a first preset signal quality threshold corresponding to the reference signal measured for selecting the uplink (UL) carrier.” As such, this latter phrase contradicts the first phrase by requiring both UL carrier selection and SDT mode selection to be encompassed within the broadest reasonable interpretation. Regarding Claims 11 and 22, the claim language recites (emphasis added by the Office) “storing relevant information corresponding to the target transmission mode determined for every first transmission data respectively, wherein the relevant information is information generated in the process of determining the target transmission mode for the first transmission data, and every first transmission data corresponds to different moments.” However, the independent claims recite “a target transmission mode of first transmission data” and “the first transmission data”. Therefore, these dependent claims do not appear to be commensurate in scope, as the phrase “every first transmission data” appears to require that there are multiple instances of “first transmission data”. Further, the phrase “every first transmission data corresponds to different moments” is unclear. While this language is found in paragraph 0017 of Applicant’s specification, the correspondence between a moment and “every first transmission data” is not further described. Regarding Claims 16 and 26, the claim language recites “optimizing the SDT configuration information configured for the terminal device according to the relevant information.” However, a plain meaning of the term “optimizing” encompasses “to make as perfect, effective, or functional as possible”. As such, the Office finds “optimizing” to be a relative term which renders the claim indefinite. The term “optimizing” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. While the specification refers to “optimiz(ing)” the SDT configuration information in several locations, the terms encompassed by the optimization or the degree to which the information would need to be optimized in order to meet the claim language is not further described. As such, these claims are indefinite. 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 (i.e., changing from AIA to pre-AIA ) 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 1-4, 6, 7, 11, 12, 16, 19-23, 26 and 32-35 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wei et al (United States Pre-Grant Publication 2021/0315049), hereinafter Wei. Regarding Claim 19, Wei discloses a terminal device (Figure 18 and paragraph 0297 – the node is a UE), comprising a memory (Figure 18 – memory 1802), a transceiver (Figure 18 – transceiver 1806) and a processor (Figure 18 – processor 1808); wherein the memory is configured to store a computer program (paragraph 0302 – the memory stores instructions); the transceiver is configured to transmit and receive data under a control of the processor (paragraph 0303 – the transceiver operates under control of the processor); the processor is configured to read the computer program in the memory and execute the following operations (paragraph 0302 – the processor executes instructions stored in the memory): determining a target transmission mode of first transmission data according to SDT configuration information, wherein the SDT configuration information is configured by a network device (Figure 8 and paragraph 0159 – the UE receives a reference signal (RS) (e.g., an RS ID that is used for measuring and reporting) and configured grant (CG) configuration (including SD_config) from a base station (i.e., network device) that is utilized for performing SDT; paragraphs 0062-0064 and 0096-0100 – the SD_config comprises parameters that the UE uses to determine SDT transmission configuration (i.e., target transmission mode)); sending relevant information generated in a process of determining the target transmission mode for the first transmission data to the network device (paragraph 0159 - the RS ID may be a CSI-RS resource index (CSI-RS-Index) associated with a CSI-RS resource to be measured (and used for reporting); paragraph 0185 – as part of a TA validation check, the UE can report a specific value of a timer used for multiplexing and assembly when performing SDT). Claim 1 is directed to a method comprising the same steps performed by the terminal device of Claim 19. Therefore, Claim 1 is rejected for the same reasons as presented above for Claim 19. Regarding Claims 2 and 20, Wei discloses storing the relevant information generated in the process of determining the target transmission mode for the first transmission data (Figure 9 at step 910 and paragraph 0165 – the UE stores/maintains the measurement result of the RS as part of the TA validation check when configuring SDT). Regarding Claims 3 and 21, Wei discloses the relevant information comprises at least one or more of the following: information related to a data volume of the first transmission data (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); information related to a signal quality of a measured reference signal (paragraph 0159 - The RS ID may be a CSI-RS resource index (CSI-RS-Index) associated with a CSI-RS resource to be measured (and used for reporting by the UE)); information related to the determined target transmission mode (paragraph 0185 – as part of a TA validation check, the UE can report a specific value of a timer used for multiplexing and assembly when performing SDT). Regarding Claims 4 and 32, Wei discloses wherein if the determined target transmission mode is an SDT mode, the information related to the determined target transmission mode comprises at least one or more of the following: timing advance timer (TAT) information (paragraph 0185 – as part of a TA validation check, the UE can report a specific value of a timer used for multiplexing and assembly when performing SDT); indication information of whether a valid preconfigured resource exists (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); information related to a signal quality of a synchronization signal block (SSB) associated with a preconfigured resource (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); a transmission type for the SDT mode adopted, wherein the transmission type comprises one of an SDT mode based on a preconfigured resource and an SDT mode based on a random access (RA) resource (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); a cumulative number of SDT (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); and/or, if the determined target transmission mode is a non-SDT mode, the information related to the determined target transmission mode comprises: a reason for adopting the non-SDT mode (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation). Regarding Claims 6 and 33, Wei discloses the features of Claims 4 and 32, as described above. As noted in the “Claim Interpretation” section, these claims further limit a non-selected alternative (“reason for adopting the non-SDT mode”) in Claims 4 and 32; therefore, the BRI does not require the additional features of Claims 6 and 33. Accordingly, these claims are also anticipated by Wei. Regarding Claims 7 and 34, Wei discloses wherein the information related to the data volume of the first transmission data comprises at least one or more of the following: the data volume of the first transmission data, a preset data volume threshold, and a comparison result between the data volume of the first transmission data and the preset data volume threshold (Note: these options further limit a non-selected alternative in Claims 3 and 21 (“information related to the data volume of the first transmission data”); therefore, the BRI does not require these additional features); and/or, the information related to the signal quality of the measured reference signal comprises at least one or more of the following: a measured value of the signal quality of the measured reference signal (paragraph 0159 - the RS ID may be a CSI-RS resource index (CSI-RS-Index) associated with a CSI-RS resource to be measured (and used for reporting); paragraph 0176 – the UE measures the RSRP value of a specific RS), a first preset signal quality threshold (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation), and a comparison result between the measured value and the first preset signal quality threshold (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation). Regarding Claims 9 and 35, Wei discloses the signal quality of the reference signal is obtained by measurement for determining whether to select an SDT mode (paragraph 0050 - For an RA procedure performed with a serving cell configured with an SUL carrier, the BS may explicitly indicate to the UE which carrier to use (e.g., an UL carrier or an SUL carrier). Otherwise, the UE may select the SUL carrier to use if the measured quality of the DL is lower than a threshold broadcast by the BS), or the signal quality of the reference signal is obtained by measurement for selecting an uplink (UL) carrier (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); wherein a first preset signal quality threshold corresponding to the reference signal measured for determining whether to select the SDT mode is different from or identical to a first preset signal quality threshold corresponding to the reference signal measured for selecting the uplink (UL) carrier (paragraph 0161 - the UE may compare the RSRP value of the RS(s) with a preconfigured value (e.g., an offset), a threshold, or the RSRP value of another RS to determine whether a TA value is valid, where the preconfigured value, the threshold, and the RSRP value of another RS may be configured by the BS (or derived by UE the based on a measurement process indicated/triggered by the BS ) before TA validation check is performed). Regarding Claims 11 and 22, Wei discloses storing the relevant information generated in the process of determining the target transmission mode for the first transmission data comprises: storing relevant information corresponding to the target transmission mode determined for every first transmission data respectively, wherein the relevant information is information generated in the process of determining the target transmission mode for the first transmission data, and every first transmission data corresponds to different moments (paragraphs 0165-0166 – the UE stores and maintains measurement results of the RS and may update previously stored measurement results with newly-obtained measurement result in order to perform TA validation). Regarding Claims 12 and 23, Wei discloses wherein sending the relevant information generated in the process of determining the target transmission mode for the first transmission data to the network device comprises at least one of the following: (i) generating an information report according to the relevant information generated in the process of determining the target transmission mode for the first transmission data, and sending the information report to the network device (paragraph 0159 - the RS ID may be a CSI-RS resource index (CSI-RS-Index) associated with a CSI-RS resource to be measured (and used for reporting); paragraph 0185 – as part of a TA validation check, the UE can report a specific value of a timer used for multiplexing and assembly when performing SDT); or, (ii) writing the relevant information into a first report; or, in a case of obtaining the relevant information, generating identification information of the relevant information, and writing the identification information into a first report, wherein the identification information is used to obtain the relevant information corresponding to the identification information; sending the first report to the network device; wherein the first report comprises one or more of an RA report, a logged minimization of drive tests (MDT) measurement report, a connection establishment failure (CEF) report and a radio link failure RLF report (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); or, (iii) sending, according to preconfigured reporting information, the relevant information corresponding to the reporting information to the network device (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation); or. (iv) sending, to the network device, a first dedicated signaling comprising indication information that the relevant information is available; receiving a second dedicated signaling that is used to request the relevant information sent by the network device; sending the relevant information to the network device in a third dedicated signaling (Note: this is claimed in the alternative and is not required as part of the broadest reasonable interpretation). Regarding Claim 16, Wei discloses a data transmission method, applied to a network device, comprising: receiving relevant information sent by a terminal device, wherein the relevant information is generated by the terminal device in a process of determining a target transmission mode for first transmission data according to SDT configuration information (Figure 14 and paragraphs 0232-0236 – a UE is configured to perform SDT and transmits a TA accusation request to the base station if it determines the previously configured TA (as part of a CG) is invalid); optimizing the SDT configuration information configured for the terminal device according to the relevant information (paragraph 0236 – the base station transmits a TA value as a response to the TA accusation request from the UE in order to update the UE’s configuration). Regarding Claim 26, Wei discloses a network device (Figure 18 and paragraph 0297 – the node is a bs), comprising a memory (Figure 18 – memory 1802, a transceiver (Figure 18 – transceiver 1806) and a processor (Figure 18 – processor 1808); wherein the memory is configured to store a computer program (paragraph 0302 – the memory stores instructions); the transceiver is configured to transmit and receive data under a control of the processor (paragraph 0303 – the transceiver operates under control of the processor); the processor is configured to read the computer program in the memory (paragraph 0302 – the processor executes instructions stored in the memory) and execute the method according to claim 16 (refer to the rejection of Claim 16 above). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: OPPO (3GPP TSG-RAN WG2 Meeting #113 R2-2100284) discloses a UE selecting between SDT and non-SDT based on the RSRP threshold and transmitting the information about a best SSB index and measurement results to the network. This reference is already of record, as provided in the IDS filed on 3 November 2024. Chen et al (United States Pre-Grant Publication 2023/0030443) discloses performing SDT via configured grants or random access depending on the size of the small data (refer to Figure 1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW W. CHRISS whose telephone number is (571)272-1774. The examiner can normally be reached Monday-Friday, 8am-4pm ET. 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, Kevin Bates can be reached at (571) 272-3980. 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. /ANDREW W CHRISS/Primary Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Dec 07, 2023
Application Filed
Feb 20, 2026
Non-Final Rejection — §102, §112 (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
72%
Grant Probability
96%
With Interview (+24.1%)
4y 4m
Median Time to Grant
Low
PTA Risk
Based on 208 resolved cases by this examiner. Grant probability derived from career allow rate.

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