Prosecution Insights
Last updated: July 17, 2026
Application No. 18/640,802

METHOD FOR ASSISTANCE INFORMATION DETERMINATION AND SIGNALLING DURING SMALL DATA TRANSFER

Non-Final OA §103
Filed
Apr 19, 2024
Priority
Oct 21, 2021 — continuation of PCTCN2021125427
Examiner
MAPA, MICHAEL Y
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
525 granted / 739 resolved
+9.0% vs TC avg
Strong +28% interview lift
Without
With
+27.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
779
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
95.8%
+55.8% vs TC avg
§102
1.7%
-38.3% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 739 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/05/24, 01/06/25 & 01/27/25 has been considered by the examiner. Election/Restrictions Applicant’s election without traverse of Invention Group l corresponding to claims 1-8 in the reply filed on 05/11/26 is acknowledged. Response to Amendment The applicant has amended the following: Claims: 5 and 7 have been amended. Claims: 1-4 have not been amended. Claims: 21-34 have been added. Claims: 6 and 8-20 have been cancelled. Claim Objections Claims 2, 23 and 30 are objected to because of the following informalities: Claims 2, 23 and 30 recite the term “capable”, however the term “capable” is an ambiguous term that leaves room for the claim to be unclear and indefinite since the action / limitation that recites “capable” does not necessarily mean that the action / limitation are performed and it would therefore be unclear as to whether said actions / limitations are being performed. For the purpose of the examination and the rejection provided below, the examiner will interpret the claim to read as “configured to” (i.e. “… wherein the communication node is configured to operating …”). 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) 1-5, 7 and 21-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US Patent Publication 2022/0210868 herein after referenced as Park). Regarding claim 1 and claim 22 and claim 29, Park discloses: A communication node, comprising: at least one processor coupled to one or more memories storing programming instructions for execution by the at least one processor to cause the communication node to: and A method applied to a communication node, comprising: and A non-transitory computer-readable storage medium, comprising: programming instructions for execution by at least one processor to cause a communication node to: receive from another part of a distributed base station entity a first message indicating at least one of assistance information for a small data transmission communication session or traffic data for the session, wherein the communication node is a part of(Park, [0268] discloses a base station distributed unit (i.e. reads on another part of a distributed base station entity) may send, to (i.e. reads on receive from) a base station central unit (i.e. reads on a communication device and reads on wherein the communication node is a part of a distributed base station entity), assistance information (i.e. reads on a first message indicating at least one of assistance information) for a small data transmission SDT procedure (i.e. reads on for a small data transmission communication session) of a wireless device. The base station central unit may determine whether … to complete the SDT procedure (i.e. reads on determine whether to terminate the session) of the wireless device without transitioning the wireless device to an RRC connected state e.g., send an RRC release message, perform an RRC release procedure, etc.. The determination may be based on the assistance information (i.e. reads on based on a content of the first message). The assistance information may indicate whether subsequent data (i.e. reads on traffic data) associated with the SDT procedure (i.e. reads on for the session) is expected; Park, [0220] discloses the transmission processing system 1510, the transmission processing system 1520, the reception processing system 1512, and/or the reception processing system 1522 may be coupled to a memory e.g., one or more non-transitory computer readable mediums storing computer program instructions or code that may be executed to carry out one or more of their respective functionalities. One of ordinary skill in the art would recognize that it is inherent for complex devices such as the gNB-CU to include a processing system and memory storing program instructions in order to be able to perform the disclosed functionalities). Park discloses in one embodiment or example that a base station central unit receives a message from a base station distributed unit that comprises assistance information for a small data transmission procedure that is utilized in determining whether to complete the SDT procedure by sending an RRC release message but fails to explicitly recite in the same embodiment or example that the distributed unit and central unit are part of the same base station and that the determination to terminate and release the session is performed after traffic data has been transferred and therefore fails to disclose in the same embodiment or example, the limitations of “wherein the communication node is a part of the distributed base station entity” and “and after traffic data has been transferred during the session, determine whether to terminate the session based on a content of the first message.” In a different embodiment, Park discloses: wherein the communication node is a part of the distributed base station entity (Park, Fig. 27 & [0269]-[0270] discloses In an example, as shown in FIG. 27, a wireless device UE may communicate with a base station gNB (i.e. reads on distributed base station entity) comprising a base station central unit gNB-CU (i.e. reads on the communication node is a part of) and a base station distributed unit gNB-DU and discloses In an example, as shown in FIG. 27 … the base station distributed unit gNB-DU may receive, from the wireless device UE, an RRC request message for a small data transmission e.g., early data transmission, uplink data, and/or at least one assistance parameter indicating whether at least one subsequent data transmission is expected. The base station distributed unit may send, to the base station central unit gNB-CU, at least one message comprising the RRC request message for the small data transmission and/or assistance information for initiation of an RRC release procedure for the wireless device; Park, [0039] discloses Limitations, features, and/or elements from the disclosed example embodiments may be combined to create further embodiments within the scope of the disclosure). and after traffic data has been transferred during the session, determine whether to terminate the session based on a content of the first message (Park, [0295] discloses In an example, the base station central unit may determine, based on the at least one message (i.e. reads on based on a content of the first message), whether to initiate the RRC release procedure (i.e. reads on determine whether to terminate the session) for the wireless device and In an example, the determining whether to initiate the RRC release procedure for the wireless device e.g., whether to transition the wireless device to an RRC connected state; whether to proceed an RRC connection resume/setup procedure may comprise determining based on completion of the small data transmission e.g., based on completion of transmission/reception of the uplink data, the at least one subsequent uplink data, and/or the at least one subsequent downlink data (i.e. reads on and after traffic data has been transferred during the session); Park, [0288] discloses In an example, the receiving by the base station central unit the at least one message from the base station distributed unit may comprise receiving the at least one message via the F1interface. The at least one message may comprise at least one of: an initial UL RRC message transfer message; Park, [0297] discloses In an example, if the first number of subsequent downlink data transmission and/or the second number of subsequent uplink data transmission in the at least one first information element is equal to or smaller than at least one threshold value, the base station central unit may determine to initiate/perform the RRC release procedure for the wireless device and/or to send/transmit the RRC release message to the wireless device for the RRC release procedure; Park, [0278] discloses In an example, the at least one assistance parameter may comprise at least one of: … a parameter indicating a single subsequent downlink data transmission is expected; a parameter indicating a single subsequent uplink data transmission is expected; a first number of subsequent downlink data transmission that is expected; a second number of subsequent uplink data transmission that is expected; and/or the like). Therefore, at the time before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of Park to incorporate the teachings of the different embodiments for the purpose of conforming to the intent of the invention to modify and combine the various different embodiment (Park, [0039]) to make the system more dynamic and adaptable by providing the system with various different alternatives in design and functionality, thereby allowing the system to handle a number of various different combination of specific design structure and scenarios and preventing the system from being limited to a single specific design structure and scenario and furthermore, one of ordinary skill in the art would recognize based on the guidelines to rationales supporting a conclusion of obviousness seen on MPEP 2143, that the modification would involve use of a simple substitution of one known element and base device (i.e. performing a process of an embodiment of a base station central unit receives a message from a base station distributed unit that comprises assistance information for a small data transmission procedure that is utilized in determining whether to complete the SDT procedure by sending an RRC release message as taught by Park) with another known element and comparable device utilizing a known technique (i.e. performing a process of a similar embodiment of a base station central unit receives a message from a base station distributed unit that comprises assistance information for a small data transmission procedure that is utilized in determining whether to complete the SDT procedure by sending an RRC release message with additional and/or alternative features and functionalities of the other embodiments as taught by Park) to improve the similar devices in the same way and to obtain the predictable result of the system performing a process of an embodiment of a base station central unit receives a message from a base station distributed unit that comprises assistance information for a small data transmission procedure that is utilized in determining whether to complete the SDT procedure by sending an RRC release message (i.e. as taught by Park) and is dependent upon the specific intended use, design incentives, needs and requirements (i.e. such as due to teachings of a known standard, current technology, conservation of resources, personal preferences, economic considerations, etc.) of the user and the system as has been established in MPEP 2144.04. Regarding claim 2 and claim 23 and claim 30, Park discloses: The communication node according to claim 1, (see claim 1) and The method according to claim 22 (see claim 22) and The non-transitory computer-readable storage medium according to claim 29 (see claim 29). wherein the communication node is configured to operating as a gNodeB-Central Unit (gNB-CU) base station entity Park, Fig. 27 & [0270] discloses In an example, as shown in FIG. 27 … the base station distributed unit gNB-DU may receive, from the wireless device UE, an RRC request message for a small data transmission e.g., early data transmission, uplink data, and/or at least one assistance parameter indicating whether at least one subsequent data transmission is expected. The base station distributed unit may send, to the base station central unit gNB-CU, at least one message comprising the RRC request message for the small data transmission and/or assistance information for initiation of an RRC release procedure for the wireless device). Regarding claim 3 and claim 24 and claim 31, Park discloses: The communication node according to claim 1, (see claim 1) and The method according to claim 22 (see claim 22) and The non-transitory computer-readable storage medium according to claim 29 (see claim 29). wherein the first message is received by the communication node over an F1 interface (Park, [0288] discloses In an example, the receiving by the base station central unit the at least one message from the base station distributed unit may comprise receiving the at least one message via the F1interface. The at least one message may comprise at least one of: an initial UL RRC message transfer message). Regarding claim 4 and claim 25, Park discloses: The communication node according to claim 1, (see claim 1) and The method according to claim 22 (see claim 22). wherein the first message is received by the communication node from a gNodeB-Distributed Unit (gNB-DU) base station entity (Park, Fig. 27 & [0270] discloses In an example, as shown in FIG. 27 … the base station distributed unit gNB-DU may receive, from the wireless device UE, an RRC request message for a small data transmission e.g., early data transmission, uplink data, and/or at least one assistance parameter indicating whether at least one subsequent data transmission is expected. The base station distributed unit may send, to the base station central unit gNB-CU, at least one message comprising the RRC request message for the small data transmission and/or assistance information for initiation of an RRC release procedure for the wireless device). Regarding claim 5 and claim 26 and claim 32, Park discloses: The communication node according to claim 1, (see claim 1) and The method according to claim 22 (see claim 22) and The non-transitory computer-readable storage medium according to claim 29 (see claim 29). wherein the assistance information indicates an amount of data in uplink or downlink to be communicated in the session (Park, [0270] discloses The assistance information may be based on the at least one assistance parameter. The assistance information may comprise at least one first information element indicating whether at least one subsequent data transmission is expected; Park, [0281] discloses the at least one first information element may comprise at least one of: … a parameter indicating a single subsequent downlink data transmission is expected, a parameter indicating a single subsequent uplink data transmission is expected; a first number of subsequent downlink data transmission expected, a second number of subsequent uplink data transmission expected, and/or the like; Park, [0071] discloses A UPF of a CN e.g., the UPF 158B may map IP packets to the one or more QoS flows of the PDU session based on QoS requirements e.g., in terms of delay, data rate, and/or error rate … For reflective mapping, the SDAP 225 at the gNB 220 may mark the downlink packets with a QoS flow indicator QFI, which may be observed by the SDAP 215 at the UE 210 to determine the mapping/de-mapping between the QoS flows and the data radio bearers; Park, [0297] discloses In an example, if the first number of subsequent downlink data transmission and/or the second number of subsequent uplink data transmission in the at least one first information element is equal to or smaller than at least one threshold value, the base station central unit may determine to initiate/perform the RRC release procedure for the wireless device and/or to send/transmit the RRC release message to the wireless device for the RRC release procedure; Park, [0278] discloses In an example, the at least one assistance parameter may comprise at least one of: … a parameter indicating a single subsequent downlink data transmission is expected; a parameter indicating a single subsequent uplink data transmission is expected; a first number of subsequent downlink data transmission that is expected; a second number of subsequent uplink data transmission that is expected; and/or the like). Regarding claim 7 and claim 27 and claim 33, Park discloses: The communication node according to claim 5, (see claim 5) and The method according to claim 26 (see claim 26) and The non-transitory computer-readable storage medium according to claim 32 (see claim 32). wherein the amount of data is indicated as a number of packets (Park, [0281] discloses the at least one first information element may comprise at least one of: … a parameter indicating a single subsequent downlink data transmission is expected, a parameter indicating a single subsequent uplink data transmission is expected; a first number of subsequent downlink data transmission expected, a second number of subsequent uplink data transmission expected, and/or the like; Park, [0071] discloses A UPF of a CN e.g., the UPF 158B may map IP packets to the one or more QoS flows of the PDU session based on QoS requirements e.g., in terms of delay, data rate, and/or error rate … For reflective mapping, the SDAP 225 at the gNB 220 may mark the downlink packets with a QoS flow indicator QFI, which may be observed by the SDAP 215 at the UE 210 to determine the mapping/de-mapping between the QoS flows and the data radio bearers; Park, [0270] discloses The assistance information may be based on the at least one assistance parameter. The assistance information may comprise at least one first information element indicating whether at least one subsequent data transmission is expected; Park, [0297] discloses In an example, if the first number of subsequent downlink data transmission and/or the second number of subsequent uplink data transmission in the at least one first information element is equal to or smaller than at least one threshold value, the base station central unit may determine to initiate/perform the RRC release procedure for the wireless device and/or to send/transmit the RRC release message to the wireless device for the RRC release procedure; Park, [0278] discloses In an example, the at least one assistance parameter may comprise at least one of: … a parameter indicating a single subsequent downlink data transmission is expected; a parameter indicating a single subsequent uplink data transmission is expected; a first number of subsequent downlink data transmission that is expected; a second number of subsequent uplink data transmission that is expected; and/or the like). Regarding claim 21 and claim 28 and claim 34, Park discloses: The communication node according to claim 1, wherein the programming instructions, when executed by the at least one processor, cause the communication node to, (see claim 1) and The method according to claim 22, further comprising: (see claim 22) and The non-transitory computer-readable storage medium according to claim 29, wherein the programming instructions, when executed by the at least one processor, cause the communication node to, (see claim 29). after the transfer of the traffic data (Park, [0295] discloses In an example, the base station central unit may determine, based on the at least one message, whether to initiate the RRC release procedure for the wireless device and In an example, the determining whether to initiate the RRC release procedure for the wireless device e.g., whether to transition the wireless device to an RRC connected state; whether to proceed an RRC connection resume/setup procedure may comprise determining based on completion of the small data transmission e.g., based on completion of transmission/reception of the uplink data, the at least one subsequent uplink data, and/or the at least one subsequent downlink data; Park, [0302]-[0303] discloses based on the determining whether to initiate the RRC release procedure, the base station central unit may send, to the wireless device, an RRC release message for the RRC release procedure or an RRC message for the wireless device to transition to an RRC connected state. The base station central unit may send/transmit, to the base station distributed unit, a context message comprising the RRC release message for the RRC release procedure and discloses the context message may comprise at least one of: a UE context release command message. EXAMINER’S NOTE: The examiner notes that the claims are written in an alternative limitation format requiring and contingent on the selection of only one of various alternative options presented and as such the non-selected alternative options are crossed out (i.e. the limitations reciting “or due to encountering a failure condition,”) and are not given patentable weight as being directed towards limitations that are not required to be performed as is indicated in MPEP 2143.03 that recites “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art” and in MPEP 2111.04, Section ll that recites “The broadest reasonable interpretation of a claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition precedent are not met”). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y MAPA whose telephone number is (571)270-5540. The examiner can normally be reached Monday thru Thursday: 10 AM - 8 PM EST. 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, Anthony Addy can be reached at (571) 272 - 7795. 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. /MICHAEL Y MAPA/Primary Examiner, Art Unit 2645
Read full office action

Prosecution Timeline

Apr 19, 2024
Application Filed
Aug 01, 2024
Response after Non-Final Action
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+27.9%)
2y 10m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 739 resolved cases by this examiner. Grant probability derived from career allowance rate.

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