Prosecution Insights
Last updated: August 17, 2026
Application No. 18/816,003

Data Transmission Method, Terminal, and Network Side Device

Non-Final OA §102§103
Filed
Aug 27, 2024
Priority
Feb 28, 2022 — CN 202210191428.3 +1 more
Examiner
HEIBER, SHANTELL LAKETA
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
626 granted / 809 resolved
+17.4% vs TC avg
Strong +20% interview lift
Without
With
+19.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
31 currently pending
Career history
843
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
58.7%
+18.7% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 809 resolved cases

Office Action

§102 §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 Claim 10 is objected to because of the following informalities: Line 9 “the first temporary RNTI” appears to lack antecedent basis. Line 10 “the second temporary RNTI” appears to lack antecedent basis. Appropriate correction is required. Claim 17 is objected to because of the following informalities: Claim 17 mentions a “third” timer expires however, the claim is dependent upon Claim 1. No where in Claim 1 does it mention any timers therefore, certainly does not mention a “first” or “second” timer expiring. The examiner will treat the “third” timer expires as a timer expires. Appropriate correction is required. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 8, 10-11, 13 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozturk et al. (Ozturk), U.S. Publication No. 2021/0058819. Regarding Claim 1, Ozturk discloses a data transmission method, comprising: sending, by a first terminal, first target data on a common data radio bearer (DRB) based on a target mode, wherein the first target data is non-control plane data (i.e., receiving, by a user equipment (UE) from a base station (BS), a plurality of downlink data packets comprising a corresponding plurality of quality of service flows (QoS flows), each the plurality of QoS flows being mapped to a common data radio bearer (DRB)… The UE 115 may transmit a UL communication signal to the BS 105 via a PUSCH; see paragraphs [0007] and [0050]); and the target mode comprises any one of a two-step random access mode or a four-step random access mode, the common DRB is used for transmitting the non-control plane data by a plurality of terminals (shown in figure 1), and the plurality of terminals comprise the first terminal (i.e., the UE 115 may perform a random access procedure to establish a connection with the BS 105. In a four-step random access procedure, the UE 115 may transmit a random access preamble and the BS 105 may respond with a random access response. ; see paragraph [0049]). Regarding Claim 8, Ozturk discloses wherein the first target data transmitted based on the common DRB does not carry or correspond to identification information, and the identification information is used to identify the first terminal (in other words, Ozturk does not mention therefore, teaches wherein the first target data transmitted based on the common DRB does not carry or correspond to identification information, and the identification information is used to identify the first terminal; see paragraph [0007]). Regarding Claim 10, Ozturk discloses wherein the sending, by a first terminal, first target data on a common DRB based on a target mode comprises: for the first target data, in a case that the first terminal needs to perform a plurality of data transmissions on the common DRB, performing, by the first terminal, a first transmission to the network-side device based on the target mode (see paragraph [0049]); and in a case that the first transmission is successful and the first terminal receives a target temporary RNTI fed back by the network-side device, performing, by the first terminal based on the target temporary RNTI, subsequent transmissions other than the first transmission in the plurality of transmissions, wherein the target temporary RNTI is the first temporary RNTI or the second temporary RNTI (see paragraphs [0049]-[0050]). Regarding Claim 11, Ozturk discloses wherein a plurality of data packets comprised in the plurality of data transmissions on the common DRB are associated and identified by at least one of the following: a local identifier of a terminal; an identifier randomly allocated by the network-side device (i.e., shared QoS indicator (5QI); see paragraph [0061]); a sequence number (SN); a packet number field, wherein the packet number field is located in at least one first data packet, the first data packet belongs to the plurality of data packets, and a sending time of the first data packet is earlier than a sending time of another data packet other than the first data packet in the plurality of data packets; or a first timer, wherein the first timer is started in a case that the network-side device receives the first second data packet, the second data packet is transmitted on a first resource or the second data packet carries a local identifier of the first terminal, and expiration of the first timer indicates that data packet transmission associated with the second data packet ends. Regarding Claim 13, Ozturk discloses wherein before the sending, by a first terminal, first target data on a common DRB based on a target mode, the method further comprises: obtaining, by the first terminal, second configuration information (see paragraph [0049]); wherein the second configuration information comprises at least one of the following: that the network-side device supports data transmission on a common DRB in a random access mode (see paragraph [0049]); or that the network-side device supports data transmission on a common DRB in a shared resource transmission mode; wherein the random access mode comprises the two-step random access mode and/or the four-step random access mode, and the data transmission on the common DRB comprises a single data transmission on the common DRB and/or a plurality of data transmissions on the common DRB (see paragraph [0049]). Regarding Claim 18, Ozturk discloses a data transmission method, comprising: receiving, by a network-side device, first target data that is sent by a first terminal on a common data radio bearer (DRB) based on a target mode (i.e., receiving, by a user equipment (UE) from a base station (BS), a plurality of downlink data packets comprising a corresponding plurality of quality of service flows (QoS flows), each the plurality of QoS flows being mapped to a common data radio bearer (DRB); see paragraph [0007]); wherein the first target data is non-control plane data (i.e., the UE 115 may transmit a UL communication signal to the BS 105 via a PUSCH; see paragraph [0050]), the target mode comprises any one of a two-step random access mode or a four-step random access mode, the common DRB is used for transmitting the non-control plane data by a plurality of terminals (shown in figure 1), and the plurality of terminals comprise the first terminal (i.e., the UE 115 may perform a random access procedure to establish a connection with the BS 105. In a four-step random access procedure, the UE 115 may transmit a random access preamble and the BS 105 may respond with a random access response. ; see paragraph [0049]). Regarding Claim 19, Ozturk discloses a terminal (i.e., user equipment 300; see figure 3), comprising a processor (i.e., processor 302; see figure 3), a memory (i.e., memory 304; see figure 3), and a program or instructions (i.e., instructions 306; see figure 3) stored in the memory and executable on the processor, wherein the program or the instructions, when executed by the processor, cause the terminal to perform: sending first target data on a common data radio bearer (DRB) based on a target mode, wherein the first target data is non-control plane data (see rejection for claim 1 above); and the target mode comprises any one of a two-step random access mode or a four-step random access mode, the common DRB is used for transmitting the non-control plane data by a plurality of terminals, and the plurality of terminals comprise the terminal (see rejection for claim 1 above). Regarding Claim 20, Ozturk discloses a network-side device (i.e., base station 400; see figure 4), comprising a processor (i.e., processor 402; see figure 4) and a memory (i.e., memory 404; see figure 4), wherein the memory stores a program or instructions (i.e., instructions 406; see figure 4) executable on the processor, and when the program or the instructions are executed by the processor, the steps of the data transmission method according to claim 18 are implemented (see rejection for claim 18 above). 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. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk in view of Rinne et al. (Rinne), U.S. Publication No. 2010/0322246. Regarding Claim 9, Ozturk discloses the method as described above. Ozturk fails to disclose wherein in a case that the first target data comprises a single data packet, a transport block for carrying the first target data further comprises a first indication field and/or a second indication field, wherein the first indication field is used for indicating a length of the first target data and the second indication field is used for indicating padding information in the transport block; or in a case that the first target data comprises a plurality of data packets, the plurality of data packets are distinguished by length indicator information LI. Rinne discloses wherein in a case that the first target data comprises a single data packet, a transport block for carrying the first target data further comprises a first indication field and/or a second indication field, wherein the first indication field is used for indicating a length of the first target data and the second indication field is used for indicating padding information in the transport block (see paragraph [0013]); or in a case that the first target data comprises a plurality of data packets, the plurality of data packets are distinguished by length indicator information LI. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Rinne’s invention with Ozturk’s invention to avoid wasted capacity and recover due to transmission problems (as described throughout Rinne). Claim(s) 12, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk in view of WU et al. (WU), U.S. Publication No. 2022/0070938. Regarding Claim 12, Ozturk discloses the method as described above. Ozturk fails to disclose wherein the method further comprises: sending, by the first terminal, a buffer status report (BSR) to the network-side device, wherein the BSR is used to inform the network-side device of an amount of to-be-transmitted data on the first terminal, and a transmission occasion of the BSR comprises at least one of the following: the first transmission in the plurality of data transmissions on the common DRB; that compared with a previous BSR report, the amount of to-be-transmitted data on the first terminal has changed; that an uplink resource scheduled by the network-side device is not large enough to carry scheduling data, but is large enough to carry one BSR; that all data buffered in the first terminal have been sent and there are still uplink resources left, wherein a buffer size in the BSR is 0, or the BSR comprises at least first indication information, and the first indication information is used to indicate that all the data buffered in the first terminal have been sent; or that data for sending is not present on an uplink resource scheduled by the network-side device based on the target temporary RNTI, wherein the buffer size in the BSR is 0, or the BSR comprises at least second indication information, and the second indication information is used to indicate that all the data buffered in the first terminal has been sent. WU discloses wherein the method further comprises: sending, by the first terminal, a buffer status report (BSR) to the network-side device, wherein the BSR is used to inform the network-side device of an amount of to-be-transmitted data on the first terminal, and a transmission occasion of the BSR comprises (see paragraphs [0200] and [0213]) at least one of the following: the first transmission in the plurality of data transmissions on the common DRB (see paragraphs [0200] and [0213]); that compared with a previous BSR report, the amount of to-be-transmitted data on the first terminal has changed; that an uplink resource scheduled by the network-side device is not large enough to carry scheduling data, but is large enough to carry one BSR (see paragraphs [0200] and [0213]); that all data buffered in the first terminal have been sent and there are still uplink resources left, wherein a buffer size in the BSR is 0, or the BSR comprises at least first indication information, and the first indication information is used to indicate that all the data buffered in the first terminal have been sent; or that data for sending is not present on an uplink resource scheduled by the network-side device based on the target temporary RNTI, wherein the buffer size in the BSR is 0, or the BSR comprises at least second indication information, and the second indication information is used to indicate that all the data buffered in the first terminal has been sent. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider WU’s invention with Ozturk’s invention for reducing the power consumption of the UE and for reducing the waste of system resources (see abstract of WU). Regarding Claim 15, Ozturk discloses the method as described above. Ozturk fails to disclose wherein the method further comprises: in a case that a current first state of the first terminal collides with a data transmission on the common DRB that needs to be executed currently, determining, by the first terminal based on at least one of the following, whether to process the first state or the data transmission on the common DRB: being autonomously determined by the first terminal, wherein the first state comprises a connected state, an idle state, or an inactive state; being determined by the first terminal based on a priority order between the first state and the data transmission on the common DRB; in a case that the first state is a connected state, the first terminal processes the first state and processes the data transmission on the common DRB by multiplexing a unicast common DRB mode in the first state; or in a case that the first state is an inactive state or an idle state, the first terminal processes the data transmission on the common DRB at other occasions than a first occasion, wherein the first occasion comprises at least one of paging occasion, system information (SI) monitoring occasion, measurement occasion, or change notification monitoring occasion. WU discloses wherein the method further comprises: in a case that a current first state of the first terminal collides with a data transmission on the common DRB that needs to be executed currently, determining, by the first terminal based on at least one of the following, whether to process the first state or the data transmission on the common DRB: being autonomously determined by the first terminal, wherein the first state comprises a connected state, an idle state, or an inactive state (see paragraph [0017]); being determined by the first terminal based on a priority order between the first state and the data transmission on the common DRB; in a case that the first state is a connected state, the first terminal processes the first state and processes the data transmission on the common DRB by multiplexing a unicast common DRB mode in the first state; or in a case that the first state is an inactive state or an idle state, the first terminal processes the data transmission on the common DRB at other occasions than a first occasion, wherein the first occasion comprises at least one of paging occasion, system information (SI) monitoring occasion, measurement occasion, or change notification monitoring occasion. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider WU’s invention with Ozturk’s invention for reducing the power consumption of the UE and for reducing the waste of system resources (see abstract of WU). Regarding Claim 17, Ozturk discloses the method as described above. Ozturk fails to disclose wherein the method further comprises any one of the following: releasing, by the first terminal, the target temporary RNTI in a case that the multiple data transmissions on the common DRB have been completed or all the data cached in the first terminal has been sent; or releasing, by the first terminal, the target temporary RNTI in a case that a third timer expires, wherein the third timer is started when the first terminal triggers a last data transmission in the plurality of data transmissions on the common DRB. WU discloses wherein the method further comprises any one of the following: releasing, by the first terminal, the target temporary RNTI in a case that the multiple data transmissions on the common DRB have been completed or all the data cached in the first terminal has been sent (see paragraph [0156]); or releasing, by the first terminal, the target temporary RNTI in a case that a third timer expires, wherein the third timer is started when the first terminal triggers a last data transmission in the plurality of data transmissions on the common DRB. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider WU’s invention with Ozturk’s invention for reducing the power consumption of the UE and for reducing the waste of system resources (see abstract of WU). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk in view of Chang et al. (Chang), U.S. Publication No. 2022/0303840. Regarding Claim 14, Ozturk discloses the method as described above. Ozturk fails to disclose wherein the sending, by a first terminal, first target data on a common DRB based on a target mode comprises any one of the following: for the first target data, in a case that the first terminal performs a single data transmission on a common DRB in a source cell and the transmission has not been completed, performing, by the first terminal, a single data transmission on a common DRB again after having reselected onto or handed over to a target cell; for the first target data, in a case that the first terminal performs a plurality of data transmissions on the common DRB in the source cell and has reselected onto or handed over to a target cell during the transmission period, performing, by the first terminal, a plurality of data transmissions on a common DRB in the target cell; or for the first target data, in a case that the first terminal performs a plurality of data transmissions on the common DRB in the source cell and has reselected onto or handed over to the target cell during the transmission period, continuing, by the first terminal based on the plurality of data transmissions on the common DRB, to send in the target cell other data that has not been sent completely in the first target data, wherein each piece of data comprised in the plurality of data transmissions on the common DRB has self-parsing characteristics. Chang discloses wherein the sending, by a first terminal, first target data on a common DRB based on a target mode comprises any one of the following: for the first target data, in a case that the first terminal performs a single data transmission on a common DRB in a source cell and the transmission has not been completed, performing, by the first terminal, a single data transmission on a common DRB again after having reselected onto or handed over to a target cell; for the first target data, in a case that the first terminal performs a plurality of data transmissions on the common DRB in the source cell and has reselected onto or handed over to a target cell during the transmission period, performing, by the first terminal, a plurality of data transmissions on a common DRB in the target cell (see paragraphs [0064]-[0068]); or for the first target data, in a case that the first terminal performs a plurality of data transmissions on the common DRB in the source cell and has reselected onto or handed over to the target cell during the transmission period, continuing, by the first terminal based on the plurality of data transmissions on the common DRB, to send in the target cell other data that has not been sent completely in the first target data, wherein each piece of data comprised in the plurality of data transmissions on the common DRB has self-parsing characteristics. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Chang’s invention with Ozturk’s invention for avoiding a delay caused by service interruption due to disconnection as described throughout Chang. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk in view of Kim et al. (Kim), U.S. Publication No. 2021/0136635. Regarding Claim 16, Ozturk discloses the method as described above. Ozturk fails to disclose wherein the method further comprises: in a case that the first terminal sends the first target data on the common DRB for a plurality of times and the transmissions fail, or in a case that a second timer expires and the transmissions fail, performing, by the first terminal, at least one of the following: entering, by the first terminal, a connected state, and sending first information to the network-side device, wherein the first information comprises at least data reporting failure information and/or a data reporting failure cause; or recording, by the first terminal, a data reporting failure cause, and sending second information to the network-side device after entering the connected state, wherein the second information comprises at least data reporting failure information and/or the data reporting failure cause; wherein the second timer is started by the terminal when the terminal starts to send the first target data on the common DRB. Kim discloses wherein the method further comprises: in a case that the first terminal sends the first target data on the common DRB for a plurality of times and the transmissions fail, or in a case that a second timer expires and the transmissions fail, performing, by the first terminal, at least one of the following: entering, by the first terminal, a connected state, and sending first information to the network-side device, wherein the first information comprises at least data reporting failure information and/or a data reporting failure cause (i.e., handover failure report message; see paragraph [0458]); or recording, by the first terminal, a data reporting failure cause, and sending second information to the network-side device after entering the connected state, wherein the second information comprises at least data reporting failure information and/or the data reporting failure cause; wherein the second timer is started by the terminal when the terminal starts to send the first target data on the common DRB. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Kim’s invention with Ozturk’s invention for effectively providing a service in a mobile communication system as described throughout Kim. Allowable Subject Matter Claims 2-7 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number 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 an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /SHANTELL L HEIBER/Primary Examiner, Art Unit 2645 July 16, 2026
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Prosecution Timeline

Aug 27, 2024
Application Filed
Jul 21, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
97%
With Interview (+19.8%)
3y 0m (~1y 0m remaining)
Median Time to Grant
Low
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