Prosecution Insights
Last updated: April 19, 2026
Application No. 18/616,541

DATA TRANSMISSION METHOD AND DEVICE

Non-Final OA §103
Filed
Mar 26, 2024
Examiner
LEE, CHAE S
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
315 granted / 363 resolved
+28.8% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
381
Total Applications
across all art units

Statute-Specific Performance

§101
4.8%
-35.2% vs TC avg
§103
71.3%
+31.3% vs TC avg
§102
2.8%
-37.2% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 363 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 . Claim Objections Claims 1-18 objected to because of the following informalities: -Claims recite the word “endpiont” misspelled which is probably meant to say “endpoint”. -Claims 4, 7 and 16 have duplicate “streams” as “n streams streams”. Appropriate correction is required. Specification The disclosure is objected to because of the following informalities: Throughout the Specification and Abstract, there are multiple misspellings as “endpoint” which is probably meant to say “endpoint” and “constructes” which probably meant to say “constructs”. Also throughout the Specification, multiple duplicate words are found as “streams streams”. Appropriate correction is required. 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 (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 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(s) 1, 4, 6, 7, 10, 12, 13, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over “Dutta” (US 2021/0409447) in view of Pang et al. (US 2019/0268797, hereinafter “Pang”) . For claims 1 and 13, Dutta discloses A data transmission method (FIGS. 1-19 disclose techniques for establishing a QUIC connection including one or more streams between two endpoints by exchanging extensions to security hand shaking messages that include structures that indicate protocols supported by the endpoints at a set of layers; see Dutta par. 0026), comprising: when a sender endpiont establishes quick user datagram protocol (UDP) Internet connections (QUIC) to a first network node of a distribution network (FIG. 11 is a flow diagram of a method 1100 implemented by a client for multi-protocol negotiation during setup of a QUIC connection according to some embodiments…The method 1100 starts at the block 1105. The method 1100 receives input 1110 that includes a set of layers and a set of protocols in each layer that are supported by the endpoint, e.g., the client; see Dutta par. 0121-0122), constructing, by the sender endpiont (At block 1115, the client builds a QUIC packet to send a QUIC handshake to the server. At block 1120, the client builds an MLPN extension using the information provided in the input 1110; see Dutta par. 0123), n streams for a target data stream (Although three streams 121-123 are shown in FIG. 1, the QUIC connection 120 can include any number of streams and the streams can be established by either the client 105 or the server 110 at any time during the lifetime of the QUIC connection 120; see Dutta par. 0028 and Fig. 1), wherein n>=1 (the QUIC packet can be transmitted with at least one stream frame in a datagram mode or the QUIC packet can be transmitted with at least one stream frame in a stream mode; see Dutta par. 0104); sending, by the sender endpiont, the n groups of first attribute information to the first network node by using a first extended frame to enable the first network node to transfer the n groups of first attribute information to a next-hop node, wherein the first extended frame is obtained by performing protocol extension on a QUIC-compliant frame (Streams in a QUIC connection are created to tunnel data between endpoints at the negotiated layers and using the negotiated protocols in the layer/protocol lists of the extension. In response to an endpoint determining that data associated with a layer/protocol is available for transmission in a QUIC packet, the endpoint creates a stream frame and sets the layer type and protocol identifier fields in the frame to the values corresponding to the tunneling layer/protocol. The stream frame is then pushed onto the QUIC packet and transmitted to the other endpoint. In some embodiments, the QUIC packet is not sent immediately and instead waits for a time interval for other data to fill the QUIC packet. The receiving endpoint process the stream frames in the QUIC packet by identifying ( or creating) the stream identifier and associating the stream identifier with the layer type and protocol identifier in the stream frame. The receiving endpoint verifies that the layer type and protocol identifier consistent with the negotiated protocols for the stream and provides the data from the stream frame to the user protocol. Thus, multiple protocols at different layers can be tunneled using QUIC packets transmitted over a QUIC connection; see Dutta par. 0026-0027 and Fig. 15); and sending, by the sender endpiont, the n streams to the first network node (At block 1125, the client adds the MLPN extension to a security message such as a TLS message embedded within the QUIC packet for the handshake. At block 1130, the client sends the QUIC packet to the server (e.g., via UDP overIP); see Dutta par. 0123) according to the first sending policy (The QUIC protocol includes functionality to start or teardown a stream during any point of the connection (aside from connection teardown). The parity of the stream identifier allows QUIC to spawn new streams on either the client-side or server-side without negotiations between each side to decide on a stream identifier. For example, the stream parity rules imply that a client only picks even numbers as stream identifiers and the server only picks odd numbers as stream identifiers. QUIC streams support unidirectional and bidirectional streams and the directionality of the stream determined by setting the second to least significant bit in the stream identifier; see Dutta par. 0089). Dutta does not explicitly disclose defining, by the sender endpiont, attribute information for each of the n streams to obtain n groups of first attribute information, and determining a first sending policy of the n streams based on the n groups of first attribute information. Pang discloses defining, by the sender endpiont, attribute information for each of the n streams to obtain n groups of first attribute information (In step S321, the first network node obtains attribute information corresponding to the QUIC data packets. In step S322, the first network node sorts the QUIC data packets based on the attribute information… In addition, in this embodiment of the present disclosure, if QUIC connections of same attribute information include a plurality of QUIC data packets, and because each QUIC data packet is corresponding to one SN, the QUI C data packets of the same attribute information may be sorted based on sizes of SNs. Therefore, in step S323, after sorting the QUIC data packets based on the attribute information, the first network node sorts data packets that belong to the connections of same attribute information in ascending order of SNs; see Pang par. 0123-0126), and determining a first sending policy of the n streams based on the n groups of first attribute information (after the first network node obtains the attribute information, and obtains processing priorities of different QUIC data packets based on the attribute information, a first network side device obtains priority information corresponding to different attribute information. The information may be determined based on policy information of a network provider, may be determined based on the subscription information, or may be determined based on a service type; see Pang par. 0129). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Pang's arrangement in Dutta's invention to improve a throughput of data transmission, when using the QUIC to send a data packet to a terminal and therefore a server may send data to a network side device in a multistream transmission manner (see Pang par. 0005). Examiner’s note: Examiner assumed the word “endpiont” to be “endpoint”. Specifically for claim 13, Dutta discloses A non-transitory computer-readable storage medium having instructions stored therein, which when executed by a processor, cause an apparatus to: (certain aspects of the techniques described above may implemented by one or more processors of a processing system executing software. The software comprises one or more sets of executable instructions stored or otherwise tangibly embodied on a non-transitory computer readable storage medium. The software can include the instructions and certain data that, when executed by the one or more processors, manipulate the one or more processors to perform one or more aspects of the techniques described above; see Dutta par. 0181). For claims 4 and 16, Dutta discloses The method according to claim 1, wherein before the constructing n streams streams for the target data stream, the method further comprises: receiving, by the sender endpiont, a handshake packet sent by the first network node (The method 1200 begins at the block 1205. The method 1200 receives input 1210 that includes the QUIC handshake received from the client, e.g., the QUIC handshake provided by the client in the method 1100 shown in FIG. 11. At block 1215, the server performs processing on the QUIC handshake using conventional QUIC procedures; see Dutta par. 0125); and determining, by the sender endpiont based on a target identifier carried in the handshake packet, that the QUIC protocol deployed on the first network node provides extended frame support, wherein an extended frame comprises at least one of the first extended frame, the second extended frame, or the third extended frame (FIG. 8 illustrates a stream frame 800 for a payload of a QUIC packet according to some embodiments. The stream frame 800 is used to carry the data in some embodiments of the QUIC packet 400 shown in FIG. 4…A connection identifier is used to uniquely identify a connection at an endpoint. As described in FIG. 5, the long header contains two connection identifiers, one for the destination and one for the source. During the connection setup (handshake), packets with the long header are used to establish the connection identifier that each endpoint uses. Each endpoint uses the Source Connection ID field to specify the connection identifier; see Dutta par. 0073, 0079). For claims 6, 12 and 18, Dutta does not explicitly disclose The method according to claim 1, wherein the first attribute information comprises at least one of: a priority of a stream, a reliability level of the stream, or a deadline of a data block in the stream, wherein the priority of the stream represents importance of the stream; the reliability level of the stream represents integrity of the stream when the stream is received by a peer node; or the deadline of the data block in the stream represents allowed transmission duration when the data block in the stream is transmitted from one node to another node. Pang discloses The method according to claim 1, wherein the first attribute information comprises at least one of: a priority of a stream, a reliability level of the stream, or a deadline of a data block in the stream, wherein the priority of the stream represents importance of the stream; the reliability level of the stream represents integrity of the stream when the stream is received by a peer node; or the deadline of the data block in the stream represents allowed transmission duration when the data block in the stream is transmitted from one node to another node (after the attribute information of the QUIC data packets is obtained, a scheduling priority of the QUIC data packet is determined based on the attribute information of the QUIC data packets. Therefore, QUIC data packets of high priorities may be preferentially sorted, so that the QUIC data packets of high priorities can be sent to the third network node in a timely manner, thereby reducing a negative gain of user experience. It should be noted that the foregoing attribute information is used to determine a priority of the QUIC connection or a QUIC stream, and the priority is usually determined based on a service type and subscription information in a wireless network system; see Pang par. 0128-0129). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Pang's arrangement in Dutta's invention to improve a throughput of data transmission, when using the QUIC to send a data packet to a terminal and therefore a server may send data to a network side device in a multistream transmission manner (see Pang par. 0005). For claim 7, Dutta discloses A data transmission method (FIGS. 1-19 disclose techniques for establishing a QUIC connection including one or more streams between two endpoints by exchanging extensions to security hand shaking messages that include structures that indicate protocols supported by the endpoints at a set of layers; see Dutta par. 0026), comprising: when a sender endpiont establishes quick user datagram protocol (UDP) Internet connections (QUIC) to a first network node of a distribution network (FIG. 11 is a flow diagram of a method 1100 implemented by a client for multi-protocol negotiation during setup of a QUIC connection according to some embodiments…The method 1100 starts at the block 1105. The method 1100 receives input 1110 that includes a set of layers and a set of protocols in each layer that are supported by the endpoint, e.g., the client; see Dutta par. 0121-0122), receiving, by the first network node, n groups of first attribute information sent by the sender endpiont by using a first extended frame obtained by performing protocol extension on a QUIC- compliant frame, the n groups of first attribute information are obtained by defining attribute information by the sender endpiont for each of n streams streams constructed by the sender endpiont for a target data stream, one group of first attribute information corresponds to one stream, and n>=1 (Streams in a QUIC connection are created to tunnel data between endpoints at the negotiated layers and using the negotiated protocols in the layer/protocol lists of the extension. In response to an endpoint determining that data associated with a layer/protocol is available for transmission in a QUIC packet, the endpoint creates a stream frame and sets the layer type and protocol identifier fields in the frame to the values corresponding to the tunneling layer/protocol. The stream frame is then pushed onto the QUIC packet and transmitted to the other endpoint. In some embodiments, the QUIC packet is not sent immediately and instead waits for a time interval for other data to fill the QUIC packet. The receiving endpoint process the stream frames in the QUIC packet by identifying ( or creating) the stream identifier and associating the stream identifier with the layer type and protocol identifier in the stream frame. The receiving endpoint verifies that the layer type and protocol identifier consistent with the negotiated protocols for the stream and provides the data from the stream frame to the user protocol. Thus, multiple protocols at different layers can be tunneled using QUIC packets transmitted over a QUIC connection; see Dutta par. 0026-0027 and Fig. 15); receiving, by the first network node, the n streams sent by the sender endpiont (At block 1125, the client adds the MLPN extension to a security message such as a TLS message embedded within the QUIC packet for the handshake. At block 1130, the client sends the QUIC packet to the server (e.g., via UDP overIP); see Dutta par. 0123), wherein the n streams are sent by the sender endpiont according to a first sending policy determined by the sender endpiont based on the n groups of first attribute information (The QUIC protocol includes functionality to start or teardown a stream during any point of the connection (aside from connection teardown). The parity of the stream identifier allows QUIC to spawn new streams on either the client-side or server-side without negotiations between each side to decide on a stream identifier. For example, the stream parity rules imply that a client only picks even numbers as stream identifiers and the server only picks odd numbers as stream identifiers. QUIC streams support unidirectional and bidirectional streams and the directionality of the stream determined by setting the second to least significant bit in the stream identifier; see Dutta par. 0089); transferring, by the first network node, the n groups of first attribute information to the next-hop node (At block 1125, the client adds the MLPN extension to a security message such as a TLS message embedded within the QUIC packet for the handshake. At block 1130, the client sends the QUIC packet to the server (e.g., via UDP overIP); see Dutta par. 0123). Dutta does not explicitly disclose determining, by the first network node, a third sending policy of the n streams based on the n groups of first attribute information, and sending the n streams to a next-hop node according to the third sending policy. Pang discloses determining, by the first network node, a third sending policy of the n streams based on the n groups of first attribute information (In step S321, the first network node obtains attribute information corresponding to the QUIC data packets. In step S322, the first network node sorts the QUIC data packets based on the attribute information… In addition, in this embodiment of the present disclosure, if QUIC connections of same attribute information include a plurality of QUIC data packets, and because each QUIC data packet is corresponding to one SN, the QUI C data packets of the same attribute information may be sorted based on sizes of SNs. Therefore, in step S323, after sorting the QUIC data packets based on the attribute information, the first network node sorts data packets that belong to the connections of same attribute information in ascending order of SNs; see Pang par. 0123-0126), and sending the n streams to a next-hop node according to the third sending policy (after the first network node obtains the attribute information, and obtains processing priorities of different QUIC data packets based on the attribute information, a first network side device obtains priority information corresponding to different attribute information. The information may be determined based on policy information of a network provider, may be determined based on the subscription information, or may be determined based on a service type; see Pang par. 0129). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Pang's arrangement in Dutta's invention to improve a throughput of data transmission, when using the QUIC to send a data packet to a terminal and therefore a server may send data to a network side device in a multistream transmission manner (see Pang par. 0005) Examiner’s note: Examiner assumed the word “endpiont” to be “endpoint”. For claim 10, Dutta discloses The method according to claim 7, wherein before the receiving n groups of first attribute information sent by the sender endpiont by using the first extended frame, the method further comprises: sending, by the first network node, a handshake packet to the sender endpiont (The method 1200 begins at the block 1205. The method 1200 receives input 1210 that includes the QUIC handshake received from the client, e.g., the QUIC handshake provided by the client in the method 1100 shown in FIG. 11. At block 1215, the server performs processing on the QUIC handshake using conventional QUIC procedures; see Dutta par. 0125), wherein the handshake packet carries a target identifier representing that the QUIC protocol of the first network node provides extended frame support, and an extended frame comprises at least any one of the first extended frame, the second extended frame, or the third extended frame (FIG. 8 illustrates a stream frame 800 for a payload of a QUIC packet according to some embodiments. The stream frame 800 is used to carry the data in some embodiments of the QUIC packet 400 shown in FIG. 4…A connection identifier is used to uniquely identify a connection at an endpoint. As described in FIG. 5, the long header contains two connection identifiers, one for the destination and one for the source. During the connection setup (handshake), packets with the long header are used to establish the connection identifier that each endpoint uses. Each endpoint uses the Source Connection ID field to specify the connection identifier; see Dutta par. 0073, 0079). Allowable Subject Matter Claims 2, 3, 5, 8, 9, 11, 14, 15, 17 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. The following is an examiner’s statement of reasons for allowance: claims 2, 3, 5, 8, 9, 11, 14, 15, 17 would be allowable because the closest prior arts listed above either alone or in combination, fail to anticipate or render obvious, the claimed invention of “receiving, by the first network node, m groups of second attribute information sent by the sender endpiont by using a second extended frame obtained by performing protocol extension on the QUIC protocol, the m groups of second attribute information are obtained by defining attribute information by the sender endpiont for each of m data blocks corresponding to a first stream, the m data blocks are data blocks comprised in the first stream, the first stream is one of the n streams, and m>1; receiving, by the first network node, the m data blocks sent by the sender endpiont, wherein the In data blocks are sent by the sender endpiont according to the first sending policy and a second sending policy, and the second sending policy is determined by the sender endpiont based on the m groups of second attribute information”, in combination with all other limitations in the claim(s) above as defined by applicant. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. -Boucadair et al. (US 2020/0120015); -Kanagarathinam et al. (US 2020/0288316. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAE S LEE whose telephone number is (571)272-8236. The examiner can normally be reached 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, Jeffrey Rutkowski can be reached at (571) 270-1215. 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. /CHAE S LEE/Primary Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Mar 26, 2024
Application Filed
May 15, 2024
Response after Non-Final Action
Mar 31, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604330
MULTI-BEAM TECHNIQUES FOR SMALL DATA TRANSFER OVER PRECONFIGURED UPLINK RESOURCES
2y 5m to grant Granted Apr 14, 2026
Patent 12598565
SYNCHRONIZATION COMMUNICATION WAVEFORMS FOR SIDELINK UNLICENSED (SL-U)
2y 5m to grant Granted Apr 07, 2026
Patent 12598043
UPLINK SYMBOLS FOR DEMODULATION REFERENCE SIGNAL ON OPEN RADIO ACCESS NETWORK
2y 5m to grant Granted Apr 07, 2026
Patent 12592803
USER EQUIPMENT AND METHOD THEREOF FOR WIRELESS COMMUNICATION
2y 5m to grant Granted Mar 31, 2026
Patent 12587965
LOW-POWER MODES FOR VULNERABLE ROAD USER EQUIPMENT
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+14.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 363 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month