Prosecution Insights
Last updated: July 17, 2026
Application No. 18/620,398

Packet Performance Report

Non-Final OA §103
Filed
Mar 28, 2024
Priority
Mar 31, 2023 — provisional 63/456,293
Examiner
WAQAS, SAAD A
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Ofinno LLC
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
385 granted / 521 resolved
+15.9% vs TC avg
Strong +39% interview lift
Without
With
+39.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
14 currently pending
Career history
542
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
74.3%
+34.3% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 521 resolved cases

Office Action

§103
DETAILED ACTION This is in response to US App. 18/620,398. Claims 1-20 have been examined. 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 . 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. 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. 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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable by Liao, Ching-yu (US 2025/0274809; hereafter Liao) in view of Genadi et al. (WO 2020/020461; hereafter Genadi). Regarding Claim 1, A method comprising: receiving, by a base station from an access and mobility management function (AMF), a message requesting a per packet performance measurement for a packet, the message comprising a parameter indicating configuration of the per packet performance measurement [Liao: 0066; using the QoS model 700, an application (e.g., the application 142) requests QoS requirements on a per-PDU basis for a certain SDF (IP flow traffic) of one media type, e.g., video, voice, or XR; the SMF 366 can perform the QoS binding of the SDF from one IP flow to one QoS flow per media type and the can transmit the corresponding QoS profiles to the RAN 105; 0067; at Step D associated with the 5GC layer 720, the SMF 366 transmits QoS profile to RAN 105, where the QoS profile indicates QFI and the QoS parameters; and at Step E associated with the RAN SDAP layer 730, the RAN 105 performs the mapping between QoS flows and DRBs; 0074; the SMF 366 further provides 860 the QoS profiles to a node in the RAN 105 via the AMF 364; more particularly, the SMF 366 can transmit, to the AMF 364, a Namf_Communication_N1N2MessageTransfer message including one or more of (i) a PDU Session ID, (ii) N2 SM information (e.g., PDU Session ID, QFI(s), QoS Profile(s)), or (iii) an N1 SM container (NAS message); the NAS message can be a PDU Session Establishment Accept message that includes QoS Rule(s) and associated QoS Flow level QoS parameters; the AMF 364 then can transmit 860 the N2 PDU Session Request message including the NAS message to the RAN 105, for delivery to the UE 102; 0093; the RAN 105 can perform PDU Set based scheduling for DRBs based on one or more QoS profiles associated with multiple QFIs and PS-QoS parameters; 0006; a PDU Set in general includes one or more PDUs carrying the payload of one unit of information generated at the application level; 0121; 0138]; However, Liao does not teach the limitation, which recites “starting sending, by the base station to a user plane function (UPF) and based on the message, per packet reports via a general packet radio service (GPRS) tunneling protocol of user plane (GTP-U) packet, wherein a packet header of the GTP-U packet comprises: performance measurement data associated with each packet; and an identification parameter of each packet ….” Genadi teaches: starting sending, by the base station to a user plane function (UPF) and based on the message, per packet reports via a general packet radio service (GPRS) tunneling protocol of user plane (GTP-U) packet, wherein a packet header of the GTP-U packet comprises: performance measurement data associated with each packet; and an identification parameter of each packet [Genadi: 0136; especially for measurements in the uplink (UL), the UE 205 may be configured to add a time-stamp in the UL PDCP PDU (or SDAP PDU); based on the time-stamp, the (R)AN node 210 measures the UL transmission delay over Uu interface; the message from the (R)AN node 210 to the UPF 225 may be a GTP-U signaling message (e.g. sent between network nodes for path management and tunnel management); 0151; continuing at Figure 7B, the (R)AN node 210 processes the header of the radio data layer and determines that the time-stamp is included in the packet, e.g. based on the SDAP or PDCP header information; the (R)AN node 210 then calculates the uplink radio transmission delay time for this datagram; 0153; the (R)AN node 210 includes the uplink radio transmission delay time (TUL- Tx-uu) (and optionally the PER) in the uplink packet header on the N3 interface (see signaling 750); 0154; in one example, the UPF 225 sends a GTP-U Echo request message and the corresponding GTP-U entity (here, the (R)AN node 210) sends a GTP-U Echo response message (see signaling 760); by this message exchange, the UPF 225 measures the round-trip time (RTT) on the N3 interface; 0111; the (R)AN node 210 calculates and reports the needed measurement data back to the UPF 225. For example, the UPF 225 may request (e.g. using a specific parameter, indication or flag in the downlink N3 tunnel data PDU) the (R)AN node 210 to report immediately after the DL packet transmission a“DL delivery status” for each packet to which the flag has been setup by the UPF 225; 0123; here, after successful transmission of the DL packet the (R)AN node 210 immediately sends a DL data delivery report (or another similar message) to the UPF 225 (see signaling 645); in certain embodiments, the delivery information may be carried in a message similar to the“Downlink Data Delivery Status” message as specified in TS 36.425 clause 5.4.2; in one alternative, the delivery information may be carried a new GTP message (e.g. GTP-U signaling message); 0124; when the (R)AN node 210 delivers the DL packet, the (R)AN node 210 immediately sends the DL data delivery report to the UPF 225 including the SN (see signaling 645)]; and stopping sending, by the base station and based on the parameter, the per packet reports [Genadi: 0121; the UPF 225 sends the DL data packet with an indication for packet delivery report, the UPF 225 starts a timer; the UPF 225 then stops the timer when DL data delivery report is received for the given downlink GTP PDU's SN; 0124; the UPF 225 runs a timer for each marked DL packet and can determine the packet loss based on exceed of a particular timer value; 0125; the UPF 225 processes the DL data delivery report message (or alternatively the indication from a GTP-U encapsulation header carrying the acknowledgement for data delivery); in certain embodiments, the UPF 225 stops the corresponding timer for this SN and determines the PDB or the PDB-jitter or PER or other parameter in the downlink using an amount of elapsed time indicated by the timer; 0165]. Note: A successful sending of data delivery report stops UPF timer as well as any further sending of a data delivery report from RAN for that packet. It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Liao and Genadi in order to offer improved connection quality to customers [Genadi: 0053]. Regarding Claim 2, Liao teaches that he PS-QoS parameters can include one or more of (i) a PDU Set Delay Budget (PSDB) … [Liao: 0083]. However, Liao does not teach that the performance measurement data comprises a timestamp associated with each packet. Genadi teaches: wherein the performance measurement data comprises a timestamp associated with each packet [Genadi: 0151; continuing at Figure 7B, the (R)AN node 210 processes the header of the radio data layer and determines that the time-stamp is included in the packet, e.g. based on the SDAP or PDCP header information; the (R)AN node 210 then calculates the uplink radio transmission delay time for this datagram; 0153; the (R)AN node 210 includes the uplink radio transmission delay time (TUL- Tx-uu) (and optionally the PER) in the uplink packet header on the N3 interface (see signaling 750)]. It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Liao and Genadi in order to offer improved connection quality to customers [Genadi: 0053]. Regarding Claim 3, wherein the message comprises a PDU session resource setup request message [Liao: 0074; the SMF 366 further provides 860 the QoS profiles to a node in the RAN 105 via the AMF 364. More particularly, the SMF 366 can transmit, to the AMF 364, a Namf_Communication_N1N2MessageTransfer message including one or more of (i) a PDU Session ID, (ii) N2 SM information (e.g., PDU Session ID, QFI(s), QoS Profile(s)), or (iii) an N1 SM container (NAS message); the NAS message can be a PDU Session Establishment Accept message that includes QoS Rule(s) and associated QoS Flow level QoS parameters; the AMF 364 then can transmit 860 the N2 PDU Session Request message including the NAS message to the RAN 105, for delivery to the UE 102]. Regarding Claim 4, wherein the message comprises at least one of:a QoS flow level QoS parameters information element (IE); or a packet level QoS parameters IE [Liao: 0074; the SMF 366 further provides 860 the QoS profiles to a node in the RAN 105 via the AMF 364; more particularly, the SMF 366 can transmit, to the AMF 364, a Namf_Communication_N1N2MessageTransfer message including one or more of (i) a PDU Session ID, (ii) N2 SM information (e.g., PDU Session ID, QFI(s), QoS Profile(s)), or (iii) an N1 SM container (NAS message); the NAS message can be a PDU Session Establishment Accept message that includes QoS Rule(s) and associated QoS Flow level QoS parameters; the AMF 364 then can transmit 860 the N2 PDU Session Request message including the NAS message to the RAN 105, for delivery to the UE 102]. Regarding Claim 5, further comprising receiving by the base station from the AMF an indication to stop the per packet performance measurement [Liao: 0130; At step C, the SMF 366 generates and uses a QFI to map a service data flow of the media stream to one PDU Session ID, determines QoS parameters, and transmits the QoS profile including QoS parameters to the RAN 105 over the N2 interface. The SMF 366 can provide the QoS profile to the RAN 105 according to at least the following two options: according to the scenario 1102B, a QFI identifies one QoS profile identified by QFI, and the QoS profile includes a PDU Session ID, a QFI, aggregated QoS parameters, and PS-QoS parameters on a per Sub-QoS flow basis (according to one of the PDU Set type option, the PDU Set Importance level option, or the PDU Set Importance level and PDU Set type option discussed above; according to the scenario 1104B, one QoS flow is associated with multiple QoS profiles, a QoS profile corresponds to a QFI, and the QoS profile includes the QFI, aggregated QoS parameters, and a PDU Session ID. Further, according to the latter option, a Sub-QoS profile on a per Sub-QoS flow basis can be based on one of the PDU Set type option, the PDU Set Importance level option, or the PDU Set Importance level and PDU Set type option; 0131; the PDU Set information can include a PDU Set Importance Level and/or PDU Set type according to one of the PDU Set type option, the PDU Set Importance level option, or the PDU Set Importance level and PDU Set type option, in addition to the PDU Set Sequence Number, End PDU of the PDU Set, the PDU Sequence Number within the PDU Set, and PDU Set Size in bytes; 0056; The network instructs UE with Uplink PDU-set-based Handling information to perform PDU-set-based handling including PDU Set Identification and marking on the uplink media service data flow received from upper layer to provide NG-RAN in band uplink PDU Set information; 0058; the Uplink PDU Set Information can include one or more of: (i) a PDU Set Sequence Number, (ii) an Indication of End PDU of the PDU Set …]. Note: End PDU of the PDU set marks an end to per packet measurement as well. Regarding Claim 6, wherein the per packet performance measurement is for a packet in one or more of an uplink direction; or a downlink direction [Liao: 0093; the RAN 105 can perform PDU Set based scheduling for DRBs based on one or more QoS profiles associated with multiple QFIs and PS-QoS parameters; 0006; a PDU Set in general includes one or more PDUs carrying the payload of one unit of information generated at the application level]. Regarding Claim 7, Liao teaches: further comprising: receiving, by the base station from the AMF, a measurement assistance information (MAT) comprising a packet marker for packets that are subject to per packet performance measurement; receiving, by the base station a data packet comprising the packet marker [Liao: 0130; At step C, the SMF 366 generates and uses a QFI to map a service data flow of the media stream to one PDU Session ID, determines QoS parameters, and transmits the QoS profile including QoS parameters to the RAN 105 over the N2 interface. The SMF 366 can provide the QoS profile to the RAN 105 according to at least the following two options: according to the scenario 1102B, a QFI identifies one QoS profile identified by QFI, and the QoS profile includes a PDU Session ID, a QFI, aggregated QoS parameters, and PS-QoS parameters on a per Sub-QoS flow basis (according to one of the PDU Set type option, the PDU Set Importance level option, or the PDU Set Importance level and PDU Set type option discussed above; according to the scenario 1104B, one QoS flow is associated with multiple QoS profiles, a QoS profile corresponds to a QFI, and the QoS profile includes the QFI, aggregated QoS parameters, and a PDU Session ID. Further, according to the latter option, a Sub-QoS profile on a per Sub-QoS flow basis can be based on one of the PDU Set type option, the PDU Set Importance level option, or the PDU Set Importance level and PDU Set type option]; and However, Liao does not teach the limitation, which recites “determining, by the base station to send the per packet reports via the GTP packet.” Genadi teaches: determining, by the base station to send the per packet reports via the GTP packet [Genadi: 0136; especially for measurements in the uplink (UL), the UE 205 may be configured to add a time-stamp in the UL PDCP PDU (or SDAP PDU); based on the time-stamp, the (R)AN node 210 measures the UL transmission delay over Uu interface; the message from the (R)AN node 210 to the UPF 225 may be a GTP-U signaling message (e.g. sent between network nodes for path management and tunnel management)]. It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Liao and Genadi in order to offer improved connection quality to customers [Genadi: 0053]. Regarding claims 8-14, which recite a base station having the same claim limitations as those in claims 1-7 above, the same rationale of rejection as presented in claims 1-7 is applicable. Regarding claims 15-20, which recite a base station having the same claim limitations as those in claims 1-6 above, the same rationale of rejection as presented in claims 1-6 is applicable. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See (US 2019/0253917), [para. 129-130]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAAD A WAQAS whose telephone number is (571)270-5642. The examiner can normally be reached 8:30 - 5:00 PM. 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, Marcus Smith can be reached at (571) 270-1096. 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. SAAD A. WAQAS Primary Examiner Art Unit 2468 /Saad A. Waqas/Primary Examiner, Art Unit 2468
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Prosecution Timeline

Mar 28, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+39.2%)
3y 5m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 521 resolved cases by this examiner. Grant probability derived from career allowance rate.

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