Prosecution Insights
Last updated: April 19, 2026
Application No. 18/579,861

MANAGING AN EARLY DATA COMMUNICATION CONFIGURATION

Non-Final OA §102§103
Filed
Jan 16, 2024
Examiner
KIR, ALBERT
Art Unit
2485
Tech Center
2400 — Computer Networks
Assignee
Google LLC
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
84%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
332 granted / 498 resolved
+8.7% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
45 currently pending
Career history
543
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
47.0%
+7.0% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 498 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is a response to an application filed on 01/16/2024, in which claims 1-20 are pending and ready for examination. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) submitted was filed before the mailing date of the Office Action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-11 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (WO 2021062733 A1). Regarding claim 1, Wang discloses a method in a central unit (CU) of a distributed base station, the distributed base station including the CU and a distributed unit (DU), for managing early data communication with a UE, the method comprising (Wang; Fig. 9, Para. [0183-187]. A communication system/method of a CU of a base station including a CU and a DC for enabling early early data transmission (EDT) with a UE.): determining whether the DU supports early data communication (Wang; Fig. 9, Para. [0183-187]. EDT is determined to be used for a CU and DU.); determining whether to include a configuration for performing early data communication in a message to the UE based at least in part on whether the DU supports early data communication (Wang; Fig. 9, Para. [0183-187]. A setting/configuration is determined to be included for EDT in a message for UE in accordance with whether A CU and DU using/supporting EDT.); and transmitting the message to the UE via the DU (Wang; Fig. 9, Para. [0183-187]. A message is transmitted to a UE through a DU). Regarding claim 2, Wang discloses in a first instance, including the configuration in the message in response to determining that the DU supports early data communication (Wang; Fig. 9, Para. [0183-187]. A setting/configuration is included in a message for a first time point in accordance with whether a DU using/supporting EDT, wherein a DU using/supporting EDT.); and in a second instance, excluding the configuration from the message in response to determining that the DU does not support early data communication (Wang; Fig. 9, Para. [0183-187]. A setting/configuration is included in a message for a first time point in accordance with whether a DU using/supporting EDT, wherein a DU not using/supporting EDT.). Regarding claim 3, Wang discloses determining that the DU supports communicating a plurality of data packets with the UE in a single session of the early data communication (Wang; Fig. 9, Para. [0183-187]. A number of data packets/bits are determined to be transmitted via a DU to UE in a transmission session of EDT.); and including in the configuration, a parameter related to communicating the plurality of data packets in the single session (Wang; Fig. 9, Para. [0183-187]. A parameter for communicating a number of data packets/bits is included in a setting/configuration.). Regarding claim 4, Wang discloses the parameter indicates at least one of: a maximum number of data packets that the UE can transmit in the single session, a maximum total data size of the plurality of data packets, or a maximum data size of a data packet of the plurality of data packets (Wang; Fig. 9, Para. [0183-187]. A parameter, e.g. TBS, is used to indicate at least one of a maximum data size of different packets/bits, a maximum data size of different packets/bits in a transmission). Regarding claim 5, Wang discloses determining that the DU supports early data communication further includes determining whether the DU supports communicating a plurality of data packets with the UE during a single session of the early data communication (Wang; Fig. 9, Para. [0183-187]. A number of different packets/bits is determined to be used by a CU and DU in a transmission of EDT.); and the method further comprising: selecting, based on whether the DU supports communicating the plurality of data packets, a time period of data inactivity after which to terminate the single session (Wang; Fig. 9, Para. [0182]. A period of data idle/inactive is determined in accordance with a DU using/supporting transmission of data packets, also see Para. [0170].). Regarding claim 6, Wang discloses determining that the DU supports a specific function, the specific function including at least one: (i) performing early data communication using a configured grant, (ii) communicating retransmissions of a data packet with the UE during early data communication, (iii) frequency hopping, or (iv) a physical layer acknowledgement for early data communication; and including configuration parameters enabling the specific function in the configuration (Wang; Para. [0187]. A DU and a CU uses/supports a function including at least performing EDT using a grant and physical layer acknowledgement for EDT, also see Para. [0147].). Regarding claim 7, Wang discloses wherein determining whether the DU supports early data communication includes: receiving, from the DU, capability information including an indication that the DU supports early data communication, or receiving, from the DU, capability information including an indication that the DU does not support early data communication (Wang; Fig. 9, Para. [0183-187]. A capability indication of a DU or CU using/supporting EDT is received, or A capability indication of a DU or CU using/supporting EDT is received). Regarding claim 8, Wang discloses the message instructs the UE to transition to an inactive state associated with a protocol for controlling radio resources (Wang; Fig. 9, Para. [0182]. A message setting a UE to an inactive/idle state for a protocol for controlling radio resources, also see Para. [0170].). Regarding claim 9, Wang discloses a method in a distributed unit (DU) of a distributed base station, the distributed base station including the DU and a central unit (CU), for managing early data communication with a UE, the method comprising (Wang; Fig. 9, Para. [0183-187]. A communication system/method of a CU of a base station including a CU and a DC for enabling early early data transmission (EDT) with a UE.): providing, to a CU, an indication that the DU supports early data communication (Wang; Fig. 9, Para. [0183-187]. An indication of a DU or CU using EDT is provided.); receiving, from the CU, a message enabling the UE to perform early data communication (Wang; Fig. 9, Para. [0183-187]. A message is received from a CU for enabling a UE for EDT.); transmitting the message to the UE (Wang; Fig. 9, Para. [0183-187]. A message is transmitted to a UE); and performing early data communication with the UE when the UE operates in an inactive state associated with a protocol for controlling radio resources (Wang; Fig. 9, Para. [0182-187]. EDT is performed for a UE being in an inactive/idle state for a protocol for controlling radio resources, also see Para. [0170].). Regarding claim 10, Wang discloses providing, to the CU, an indication that the DU supports communicating a plurality of data packets with the UE during a single session of the early data communication (Wang; Fig. 9, Para. [0183-187]. An indication of a DU or a CU sending different packets with a UE during a EDT is provided), or providing, to the CU, an indication that the DU does not support communicating a plurality of data packets with the UE during a single session of the early data communication (Wang; Fig. 9, Para. [0183-187]. An indication of a DU or a CU not sending different packets with a UE during a EDT is provided). Regarding claim 11, Wang discloses providing an indication that the DU supports performing data communication using a configured grant (Wang; Fig. 9, Para. [0183-187]. An indication of a DU or CU performing EDT using a grant is provided.), or providing an indication that the DU does not support performing data communication using a configured grant (Wang; Fig. 9, Para. [0183-187]. An indication of a DU or CU not performing EDT using a grant is provided.). Claims 15-20 are directed to a network node central unit (CU) of a distributed base station that includes a distributed unit (DU), the CU including processing hardware and configured to perform a sequence of processing steps corresponding to the same as claimed in claim 1-6, and are rejected for the same reason of anticipation as outlined above. 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. Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2021062733 A1) in view of Wong (US Pub. 20210037553 A1). Regarding claim 12, Wang discloses providing an indication that the DU supports communicating a data packet with the UE during early data communication (Wang; Fig. 9, Para. [0183-187]. An indication of a DU or CU performing EDT is provided.). But it does not specifically disclose providing an indication that the DU supports communicating retransmissions of a data packet with the UE during early data communication (), or providing an indication that the DU does not support communicating retransmissions of a data packet with the UE during early data communication. However, Wong teaches providing an indication that the DU supports communicating retransmissions of a data packet with the UE during early data communication (), or providing an indication that the DU does not support communicating retransmissions of a data packet with the UE during early data communication (Wong; Para. [0079-80]. An indication of a DU communicating retransmission of a data packet with UE or not during EDT is provided.). Therefore, it would have been obvious to a person with ordinary skill in the pertinent before the effective filing date of the claimed invention to modify the RAN system of Wang to adapt an EDT approach, by incorporating Wong’s teaching wherein retransmission of data packet is enabled, for the motivation to support random access procedures during wireless telecommunication (Wong; Abstract.). Regarding claim 13, Wang discloses providing an indication that the DU supports communicating a data packet with the UE during early data communication (Wang; Fig. 9, Para. [0183-187]. An indication of a DU or CU performing EDT is provided.). But it does not specifically disclose providing an indication that the DU supports frequency hopping for early data communication, or providing an indication that the DU does not support frequency hopping for early data communication. However, Wong teaches providing an indication that the DU supports frequency hopping for early data communication, or providing an indication that the DU does not support frequency hopping for early data communication (Wong; Para. [0079-80]. An indication of a DU enabling frequency hopping or not during EDT is provided.). Therefore, it would have been obvious to a person with ordinary skill in the pertinent before the effective filing date of the claimed invention to modify the RAN system of Wang to adapt an EDT approach, by incorporating Wong’s teaching wherein frequency hopping during EDT is enabled, for the motivation to support random access procedures during wireless telecommunication (Wong; Abstract.). Regarding claim 14, modified Wang further teaches providing an indication that the DU supports a physical layer acknowledgement for early data communication, or providing an indication that the DU does not support a physical layer acknowledgement for early data communication (Wong; Para. [0024-27]. An indication of a DU using a physical layer acknowledgement for EDT or not is provided, also see Para. [0041-42]. Wang; Para. [0187]. A DU and a CU uses/supports a function including at least performing EDT using a grant and physical layer acknowledgement for EDT, also see Para. [0147].). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. You (US 20240080699 A1) teaches SDT for a RAN system. Sha (US 20220264617 A1) teaches efficient establishment of uplink and downlink communication in a RAN. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT KIR whose telephone number is (571)272-6245. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm. 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, Jay Patel can be reached at (571) 272-2988. 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. /ALBERT KIR/Primary Examiner, Art Unit 2485
Read full office action

Prosecution Timeline

Jan 16, 2024
Application Filed
Dec 28, 2025
Non-Final Rejection — §102, §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
67%
Grant Probability
84%
With Interview (+17.5%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 498 resolved cases by this examiner. Grant probability derived from career allow rate.

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