Prosecution Insights
Last updated: August 30, 2026
Application No. 18/725,484

DESIGN OF DELAY-AWARE BSR FOR XR APPLICATIONS

Non-Final OA §103
Filed
Jun 28, 2024
Priority
Dec 30, 2021 — provisional 63/295,214 +1 more
Examiner
JAGANNATHAN, MELANIE
Art Unit
Tech Center
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
675 granted / 779 resolved
+26.6% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
24 currently pending
Career history
795
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
48.8%
+8.8% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 779 resolved cases

Office Action

§103
CTNF 18/725,484 CTNF 79710 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1-26 are pending. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 1-3, 7-10, 14-17, 20-23, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo et al. US 20260136328 in view of Wu et al. US 20250008508 . Regarding claim 1, A network node ( base station, Figure 1, element 108, Figure 15 ) configured to communicate with a wireless device (WD) ( UE, Figure 1, Figure 14 ), the network node comprising processing circuitry configured to: receive a buffer status report from the WD, the buffer status report including queue information for a first protocol data unit (PDU) set, the first PDU set including at least one queued packet ( the base station receives from the UE a buffer status report (BSR) indicating an amount of uplink data that UE has to transmit, the BSR may be transmitted as a media access control (MAC) control element (CE) on a physical uplink shared channel (PUSCH), the BSR may be associated with a logical channel group (LCG) having one or more logical channels (LCHs), para. 0033 ), determine a scheduling grant for the WD based on the queue information, cause transmission of the scheduling grant to the WD; and receive at least one uplink transmission of the at least one queued packet from the WD according to the scheduling grant (upon receiving the BSR, the base station determines an appropriate amount of uplink resources for the UE, the base station transmits an uplink grant to the UE and the UE uses the UL grant for a subsequent uplink transmission, para. 0033). Kuo does not expressly disclose at least one packet delay budget (PDB) left value associated with the first PDU set. Wu discloses the transmission of at least one uplink transmission of the at least one queued packet according to the scheduling grant, para. 0087. Wu discloses the remaining PDB value is reported to the base station along with related information of the remaining PDB is reported that comprises a size of a data packet corresponding to the remaining PDB, or a relative ratio of the size of the data packet; and the ID of an LCH or an LCG to which a data packet corresponding to the remaining PDB belongs, para. 0096-0098. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so to assist the base station to perform proper uplink scheduling for the UE within the remaining PDB as far as possible, para. 0016. Regarding claim 2, The network node of Claim 1, Kuo does not expressly disclose wherein the at least one PDB left value corresponds to a difference between at least one queue duration of the at least one queued packet and at least one PDB associated the first PDU set. Wu discloses the remaining PDB is the PDB requirement of the data packet minus the waiting time in the buffer, para. 0091. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so so the base station schedules the data packet within the remaining PDB to prevent the data packet from being discarded due to PDB timeout, para. 0091. Regarding claim 3, The network node of claim 1, Kuo does not expressly disclose wherein the queue information included in the buffer status report includes at least one of: at least one queue duration corresponding to the at least one queued packet; at least one PDB left value associated with the at least one queued packet; at least one PDB left value associated with the first PDU set; at least one delay group index associated with the at least one queued packet, the at least one delay group index corresponding to at least one range of PDB left values or at least one total packet size value associated with the at least one delay group index. Wu discloses the transmission of at least one uplink transmission of the at least one queued packet according to the scheduling grant, para. 0087. Wu discloses the remaining PDB value is reported to the base station along with related information of the remaining PDB is reported that comprises a size of a data packet corresponding to the remaining PDB, or a relative ratio of the size of the data packet; and the ID of an LCH or an LCG to which a data packet corresponding to the remaining PDB belongs, para. 0096-0098. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so to assist the base station to perform proper uplink scheduling for the UE within the remaining PDB as far as possible, para. 0016. Regarding claim 7, The network node of claim 1, Kuo does not expressly disclose wherein the at least one PDB is associated with at least one of: at least one logical channel; at least one buffer; or at least one quality of service, QoS, requirement. Wu discloses the transmission of at least one uplink transmission of the at least one queued packet according to the scheduling grant, para. 0087. Wu discloses the remaining PDB value is reported to the base station along with related information of the remaining PDB is reported that comprises a size of a data packet corresponding to the remaining PDB, or a relative ratio of the size of the data packet; and the ID of an LCH or an LCG to which a data packet corresponding to the remaining PDB belongs, para. 0096-0098. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so to assist the base station to perform proper uplink scheduling for the UE within the remaining PDB as far as possible, para. 0016. Regarding claim 15, A wireless device (WD) ( UE, Figure 1, element 104, Figure 14 ) configured to communicate with a network node, the WD comprising processing circuitry ( circuitry, Figure 14, element 1408 ) configured to: determine a buffer status report, the buffer status report including queue information for a first protocol data unit (PDU) set, the first PDU set including at least one queued packet ( the UE sends a buffer status report (BSR) to the base station, element 108, to indicate an amount of uplink data that the UE has to transmit, the BSR may be transmitted as a media access control (MAC) control element (CE) on a physical uplink shared channel (PUSCH) and be associated with a logical channel group (LCG) having one or more logical channels, para. 0033 ); receive, from the network node, a scheduling grant based on the queue information and cause transmission of at least one uplink transmission of the at least one queued packet according to the scheduling grant ( upon receiving the BSR, the base station determines an appropriate amount of uplink resources for the UE, the base station transmits an uplink grant to the UE for use for a subsequent uplink transmission, para. 0033 ). Kuo does not expressly disclose one packet delay budget (PDB) left value associated with the first PDU set. Wu discloses the transmission of at least one uplink transmission of the at least one queued packet according to the scheduling grant, para. 0087. Wu discloses the remaining PDB value is reported to the base station along with related information of the remaining PDB is reported that comprises a size of a data packet corresponding to the remaining PDB, or a relative ratio of the size of the data packet; and the ID of an LCH or an LCG to which a data packet corresponding to the remaining PDB belongs, para. 0096-0098. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so to assist the base station to perform proper uplink scheduling for the UE within the remaining PDB as far as possible, para. 0016. Regarding claim 16, The WD of Claim 15, Kuo does not expressly disclose wherein the at least one PDB left value corresponds to a difference between at least one queue duration of the at least one queued packet and at least one PDB associated with the first PDU set. Wu discloses the remaining PDB is the PDB requirement of the data packet minus the waiting time in the buffer, para. 0091. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so so the base station schedules the data packet within the remaining PDB to prevent the data packet from being discarded due to PDB timeout, para. 0091. Regarding claim 17, The WD of claim 15, Kuo does not expressly disclose wherein the queue information included in the buffer status report includes at least one of: at least one queue duration corresponding to at least one queued packet; at least one PDB left value associated with the at least one queued packet; at least one PDB left value associated with the first PDU set; at least one delay group index associated with the at least one queued packet, the at least one delay group index corresponding to at least one range of PDB left values or at least one total packet size value associated with the at least one delay group index. Wu discloses the transmission of at least one uplink transmission of the at least one queued packet according to the scheduling grant, para. 0087. Wu discloses the remaining PDB value is reported to the base station along with related information of the remaining PDB is reported that comprises a size of a data packet corresponding to the remaining PDB, or a relative ratio of the size of the data packet; and the ID of an LCH or an LCG to which a data packet corresponding to the remaining PDB belongs, para. 0096-0098. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so to assist the base station to perform proper uplink scheduling for the UE within the remaining PDB as far as possible, para. 0016. Regarding claim 20, The WD of claim 15, Kuo does not expressly disclose wherein the at least one PDB is associated with at least one of: at least one logical channel; at least one buffer; or at least one quality of service, QoS, requirement. Wu discloses the transmission of at least one uplink transmission of the at least one queued packet according to the scheduling grant, para. 0087. Wu discloses the remaining PDB value is reported to the base station along with related information of the remaining PDB is reported that comprises a size of a data packet corresponding to the remaining PDB, or a relative ratio of the size of the data packet; and the ID of an LCH or an LCG to which a data packet corresponding to the remaining PDB belongs, para. 0096-0098. Before the filing of the invention it would have been obvious to modify Kuo to include Wu’s reporting of the remaining packet delay budget along with information related to the packet size and logical channel. One of ordinary skill in the art would be motivated to do so to assist the base station to perform proper uplink scheduling for the UE within the remaining PDB as far as possible, para. 0016. Claims 8-10, 14, 21-23, 26 are rejected under the same rationale . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 4-6, 11-12, 18-19, 24-25 are 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELANIE JAGANNATHAN whose telephone number is (571)272-3163. The examiner can normally be reached M-F 9-5. 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. /MELANIE JAGANNATHAN/Primary Examiner, Art Unit 2468 Application/Control Number: 18/725,484 Page 2 Art Unit: 2468 Application/Control Number: 18/725,484 Page 3 Art Unit: 2468 Application/Control Number: 18/725,484 Page 4 Art Unit: 2468 Application/Control Number: 18/725,484 Page 5 Art Unit: 2468 Application/Control Number: 18/725,484 Page 6 Art Unit: 2468 Application/Control Number: 18/725,484 Page 7 Art Unit: 2468 Application/Control Number: 18/725,484 Page 8 Art Unit: 2468 Application/Control Number: 18/725,484 Page 9 Art Unit: 2468 Application/Control Number: 18/725,484 Page 10 Art Unit: 2468 Application/Control Number: 18/725,484 Page 11 Art Unit: 2468
Read full office action

Prosecution Timeline

Jun 28, 2024
Application Filed
Jun 02, 2026
Non-Final Rejection mailed — §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
87%
Grant Probability
91%
With Interview (+4.7%)
2y 11m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 779 resolved cases by this examiner. Grant probability derived from career allowance rate.

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