Prosecution Insights
Last updated: July 17, 2026
Application No. 18/823,239

Non-SDT DRB Handling

Non-Final OA §102§103§DP
Filed
Sep 03, 2024
Priority
Jan 14, 2021 — nonprovisional of PCTCN2021071791 +1 more
Examiner
VU, QUOC THAI NGOC
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
418 granted / 600 resolved
+9.7% vs TC avg
Strong +29% interview lift
Without
With
+29.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
22 currently pending
Career history
640
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
86.7%
+46.7% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 600 resolved cases

Office Action

§102 §103 §DP
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 September 09, 2024 has been considered by the Examiner and made of record in the application file. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3, 6-11, 14-17 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Laselva et al.(US 2023/0389117, “Laselva”). Regarding claim 1, Laselva teaches a method for non-small data transmission (SDT) dedicated radio bearer (DRB) handling (FIGs. 5-6)), comprising: determining, while operating in a radio resource control (RRC) inactive state ([0055] “At 555, the UE may change to RRC_inactive state”), that non-SDT data is available for transmission on a non-SDT DRB ([0055] “At 565, a new payload in the UE's buffer may appear for a second DRB” Note: data associated with second DRB teaches “non-SDT data on non-SDR DRB” because upon “new payload may appear in the UE's buffer for the first DRB, and SDT procedure may be triggered” (see [0055]). In other words, data for first DRB corresponds to SDT data and data for second DRB corresponds to non-SDT data); and sending the non-SDT data arrival information to a transceiver for reporting to a base station via a dedicated uplink grant ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data”. [0034] “a small data payload may be multiplexed with, for example, an RRC connection resume request message in Msg3, for instance, in a Medium Access Control (MAC) Protocol Data Unit (PDU)”. [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). Regarding claim 2, Laselva teaches claim 1, and further teaches wherein the non-SDT data arrival information is sent to the transceiver for reporting via the dedicated uplink grant during a subsequent transmission period ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data.” [0034] “the UP data may be transmitted in Msg3 of a 4-step RACH procedure. For example, a small data payload may be multiplexed with, for example, an RRC connection resume request message in Msg3, for instance, in a Medium Access Control (MAC) Protocol Data Unit (PDU)”. [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). Regarding claim 3, Laselva teaches claim 1, and further teaches wherein the reporting is via an RRC resume request message ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data”). Regarding claim 4, Laselva teaches claim 1, and further teaches wherein the non-SDT data arrives during a subsequent transmission period of an SDT procedure ([0056] “a new payload may appear in the UE's buffer for a second non-SDT DRB while an SDT transaction is ongoing. While the SDT transaction is ongoing, the second non-SDT DRB data may be buffered”). Regarding claim 7, Laselva teaches claim 1, and further teaches wherein the non-SDT data arrival information is signaled via layer 3 (L3) signaling ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data.” RRC signaling is well known to be part of Layer 3). Regarding claim 8, Laselva teaches claim 1, and further teaches wherein the non-SDT data arrival information is carried in a unified air interface (UAI) message to report UE information (Note: unified air interface is interpreted as messaging provided by NR standard for a 5G system (see “Hsieh, [0018]) Laselva’s system includes a NR system [0003], [0034] therefore messages in Laselva teach claimed feature “unified air interface (UAI)” messages). Regarding claim 9, Laselva teaches an apparatus (FIG 9(a) apparatus 10, including an UE), comprising: a memory; and a baseband processor in communication with the memory ([0075]) and configured to: determine, while operating in a radio resource control (RRC) inactive state ([0055] “At 555, the UE may change to RRC_inactive state”), that non-SDT data is available for transmission on a non-SDT DRB ([0055] “At 565, a new payload in the UE's buffer may appear for a second DRB” Note: data associated with second DRB teaches “non-SDT data on non-SDR DRB” because upon “new payload may appear in the UE's buffer for the first DRB, and SDT procedure may be triggered” (see [0055]). In other words, data for first DRB corresponds to SDT data and data for second DRB corresponds to non-SDT data); and send the non-SDT data arrival information to a transceiver for reporting to a base station via a dedicated uplink grant ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data”. [0034] “a small data payload may be multiplexed with, for example, an RRC connection resume request message in Msg3, for instance, in a Medium Access Control (MAC) Protocol Data Unit (PDU)”. [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). Regarding claim 10, Laselva teaches claim 9, and further teaches wherein the non-SDT data arrival information is sent to the transceiver for reporting via the dedicated uplink grant during a subsequent transmission period ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data.” [0034] “the UP data may be transmitted in Msg3 of a 4-step RACH procedure. For example, a small data payload may be multiplexed with, for example, an RRC connection resume request message in Msg3, for instance, in a Medium Access Control (MAC) Protocol Data Unit (PDU)”. [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). Regarding claim 11, Laselva teaches claim 10, and further teaches wherein the reporting is via an RRC resume request message ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data”). Regarding claim 14, Laselva teaches claim 9, and further teaches wherein the non-SDT data arrival information is signaled via layer 3 (L3) signaling ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data.” RRC signaling is well known to be part of Layer 3). Regarding claim 15, Laselva teaches claim 9, and further teaches wherein the non-SDT data arrival information is carried in a unified air interface (UAI) message to report UE information (Note: unified air interface is interpreted as messaging provided by NR standard for a 5G system (see “Hsieh, [0018]) Laselva’s system includes a NR system [0003], [0034] therefore messages in Laselva teach claimed feature “unified air interface (UAI)” messages). Regarding claim 16, Laselva teaches a non-transitory computer readable memory medium storing program instructions executable by a baseband processor ([0074]) to: determine, while operating in a radio resource control (RRC) inactive state ([0055] “At 555, the UE may change to RRC_inactive state”), that non-SDT data is available for transmission on a non-SDT DRB ([0055] “At 565, a new payload in the UE's buffer may appear for a second DRB” Note: data associated with second DRB teaches “non-SDT data on non-SDR DRB” because upon “new payload may appear in the UE's buffer for the first DRB, and SDT procedure may be triggered” (see [0055]). In other words, data for first DRB corresponds to SDT data and data for second DRB corresponds to non-SDT data); and send the non-SDT data arrival information to a transceiver for reporting to a base station via a dedicated uplink grant ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data”. [0034] “a small data payload may be multiplexed with, for example, an RRC connection resume request message in Msg3, for instance, in a Medium Access Control (MAC) Protocol Data Unit (PDU)”. [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). Regarding claim 17, Laselva teaches claim 16, and further teaches wherein the non-SDT data arrival information is sent to the transceiver for reporting via the dedicated uplink grant during a subsequent transmission period ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data.” [0034] “the UP data may be transmitted in Msg3 of a 4-step RACH procedure. For example, a small data payload may be multiplexed with, for example, an RRC connection resume request message in Msg3, for instance, in a Medium Access Control (MAC) Protocol Data Unit (PDU)”. [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). Regarding claim 18, Laselva teaches claim 1, and further teaches wherein the reporting is via an RRC resume request message via the dedicated uplink grant ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data” [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). Regarding claim 20, Laselva teaches claim 1, and further teaches wherein the non-SDT data arrival information is signaled via layer 3 (L3) signaling ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data.” RRC signaling is well known to be part of Layer 3); and wherein the non-SDT data arrival information is carried in a unified air interface (UAI) message to report UE information (Note: unified air interface is interpreted as messaging provided by NR standard for a 5G system (see “Hsieh, [0018]) Laselva’s system includes a NR system [0003], [0034] therefore messages in Laselva teach claimed feature “unified air interface (UAI)” messages). 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. 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. Claims 4-5, 12-13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Laselva in view of Liu (US 2018/0192410, “Liu”). Regarding claim 4, Laselva teaches claim 1 but does not teach wherein, when the dedicated uplink grant is not available, the sending the non-SDT data arrival information comprises triggering the transceiver to transmit a scheduling request (SR). Laselva, however teaches a process of an UE transmitting a RRC message while in inactive mode using a 4-step RACH procedure (FIG. 5(b)). It is well known in the art in a 4-step RACH procedure, MSG1 is used as indication for an uplink request Particularly, Liu teaches the claimed feature wherein, when the dedicated uplink grant is not available, the sending the non-SDT data arrival information comprises triggering the transceiver to transmit a scheduling request (SR) ([0093] “the user equipment transmits the uplink request message via a message a (Msg1)”, [0097] “The eNB receives the preamble, calculates a Timing Advance (TA), and transmits a random access response to the UE, where the random access response at least includes information about the timing advance, and an uplink (UL) grant for Msg3, i.e., Msg2” and [0098] “The UE transmits uplink transmission, i.e., the Msg3, over the UL grant specified in the Msg2”). It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein, when the dedicated uplink grant is not available, the sending the non-SDT data arrival information comprises triggering the transceiver to transmit a scheduling request (SR), as taught by Liu in Laselva to improve the resource utilization. Regarding claim 5, Laselva in view of Liu teaches claim 4 but does not teach wherein the SR requests an uplink grant for transmission during the subsequent transmission period. However, Liu teaches the claimed feature wherein the SR requests an uplink grant for transmission during the subsequent transmission period ([0093] “the user equipment transmits the uplink request message via a message a (Msg1)”, [0097] “The eNB receives the preamble, calculates a Timing Advance (TA), and transmits a random access response to the UE, where the random access response at least includes information about the timing advance, and an uplink (UL) grant for Msg3, i.e., Msg2” and [0098] “The UE transmits uplink transmission, i.e., the Msg3, over the UL grant specified in the Msg2”). It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the SR requests an uplink grant for transmission during the subsequent transmission period, as taught by Liu in Laselva to improve the resource utilization. Regarding claim 12, Laselva teaches claim 9 but does not teach wherein, when the dedicated uplink grant is not available, to send the non-SDT data arrival information, the baseband processor is further configured to trigger the transceiver to transmit a scheduling request (SR). Laselva, however teaches a process of an UE transmitting a RRC message while in inactive mode using a 4-step RACH procedure (FIG. 5(b)). It is well known in the art in a 4-step RACH procedure, MSG1 is used as indication for an uplink request Particularly, Liu teaches the claimed feature wherein, when the dedicated uplink grant is not available, to send the non-SDT data arrival information, the baseband processor is further configured to trigger the transceiver to transmit a scheduling request (SR) ([0093] “the user equipment transmits the uplink request message via a message a (Msg1)”, [0097] “The eNB receives the preamble, calculates a Timing Advance (TA), and transmits a random access response to the UE, where the random access response at least includes information about the timing advance, and an uplink (UL) grant for Msg3, i.e., Msg2” and [0098] “The UE transmits uplink transmission, i.e., the Msg3, over the UL grant specified in the Msg2”). It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein, when the dedicated uplink grant is not available, to send the non-SDT data arrival information, the baseband processor is further configured to trigger the transceiver to transmit a scheduling request (SR), as taught by Liu in Laselva to improve the resource utilization. Regarding claim 13, Laselva in view of Liu teaches claim 12 but does not teach wherein the SR requests an uplink grant for transmission during the subsequent transmission period. However, Liu teaches the claimed feature wherein the SR requests an uplink grant for transmission during the subsequent transmission period ([0093] “the user equipment transmits the uplink request message via a message a (Msg1)”, [0097] “The eNB receives the preamble, calculates a Timing Advance (TA), and transmits a random access response to the UE, where the random access response at least includes information about the timing advance, and an uplink (UL) grant for Msg3, i.e., Msg2” and [0098] “The UE transmits uplink transmission, i.e., the Msg3, over the UL grant specified in the Msg2”). It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the SR requests an uplink grant for transmission during the subsequent transmission period, as taught by Liu in Laselva to improve the resource utilization. Regarding claim 19, Laselva teaches claim 16 but does not teach when the dedicated uplink grant is not available, to send the non-SDT data arrival information, the program instructions are further executable by the baseband processor to trigger the transceiver to transmit a scheduling request (SR), and wherein the SR requests an uplink grant for transmission during the subsequent transmission period. Laselva, however teaches a process of an UE transmitting a RRC message while in inactive mode using a 4-step RACH procedure (FIG. 5(b)). It is well known in the art in a 4-step RACH procedure, MSG1 is used as indication for an uplink request Particularly, Liu teaches the claimed feature when the dedicated uplink grant is not available, to send the non-SDT data arrival information, the program instructions are further executable by the baseband processor to trigger the transceiver to transmit a scheduling request (SR), and wherein the SR requests an uplink grant for transmission during the subsequent transmission period ([0093] “the user equipment transmits the uplink request message via a message a (Msg1)”, [0097] “The eNB receives the preamble, calculates a Timing Advance (TA), and transmits a random access response to the UE, where the random access response at least includes information about the timing advance, and an uplink (UL) grant for Msg3, i.e., Msg2” and [0098] “The UE transmits uplink transmission, i.e., the Msg3, over the UL grant specified in the Msg2”). It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature when the dedicated uplink grant is not available, to send the non-SDT data arrival information, the program instructions are further executable by the baseband processor to trigger the transceiver to transmit a scheduling request (SR), and wherein the SR requests an uplink grant for transmission during the subsequent transmission period, as taught by Liu in Laselva to improve the resource utilization. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1- 8, 12, 14 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 13, 8, 2, 12, 5, 14, 15, 18 and 19 respectively of Patent 12,096,470. Application 18/823,239 Patent 12,096,470 Note: 1. A method for non-small data transmission (SDT) dedicated radio bearer (DRB) handling, comprising: determining, while operating in a radio resource control (RRC) inactive state, that non-SDT data is available for transmission on a non-SDT DRB; and sending the non-SDT data arrival information to a transceiver for reporting to a base station via a dedicated uplink grant. 1. A method for non-small data transmission (SDT) dedicated radio bearer (DRB) handling for a user equipment device (UE), comprising: determining, while the UE is operating in a radio resource control (RRC) inactive state and during an initial transmission period of an SDT procedure, that non-SDT data is available for transmission on a non-SDT DRB; refraining from sending an initial access message based, at least in part, on the determining that the non-SDT data is available; receiving an indication to enter a subsequent transmission period of the SDT procedure; and transmitting, to a base station and based on the indication, non-SDT data arrival information during the subsequent transmission period of the SDT procedure. Anticipated Anticipated Additional limitations Additional limitations Anticipated See Laselva ([0055], [0046]) 2. The method of claim 1, wherein the non-SDT data arrival information is sent to the transceiver for reporting via the dedicated uplink grant during a subsequent transmission period. 1 ... transmitting, to a base station and based on the indication, non-SDT data arrival information during the subsequent transmission period of the SDT procedure Anticipated (by claim 1) 3. The method of claim 2, wherein the reporting is via an RRC resume request message. 3. The method of claim 1, wherein the non-SDT data arrival information is signaled via at least one of layer 1 (L1) signaling, layer 2 (L2) signaling, or layer 3 (L3) signaling; wherein for L1 signaling, the non-SDT data arrival information is carried in uplink control information (UCI) on a physical uplink control channel (PUCCH); wherein, for L2 signaling, the non-SDT data arrival information is carried in a dedicated medium access control (MAC) control element (CE) or in a buffer status report (BSR) MAC CE; and wherein, for L3 signaling, the non-SDT data arrival information is carried in a first RRC resume request message of an SDT procedure when arrival of the non-SDT data occurs before initiation of an SDT procedure or one of an RRC resume request message or a unified air interface (UAI) message to report UE information when arrival of the non-SDT data occurs during a SDT subsequent transmission period. Anticipated. 6. The method of claim 1, wherein the non-SDT data arrives during a subsequent transmission period of an SDT procedure. 3… arrival of the non-SDT data occurs during a SDT subsequent transmission period. Anticipated (by claim 3). 7. The method of claim 1, wherein the non-SDT data arrival information is signaled via layer 3 (L3) signaling. 3… The method of claim 1, wherein the non-SDT data arrival information is signaled via at least one of layer 1 (L1) signaling, layer 2 (L2) signaling, or layer 3 (L3) signaling; Anticipated (by claim 3). 8. The method of claim 1, wherein the non-SDT data arrival information is carried in a unified air interface (UAI) message to report UE information. 3… The method of claim 1, wherein the non-SDT data arrival information is signaled … a unified air interface (UAI) message to report UE information when arrival of the non-SDT data occurs during a SDT subsequent transmission period Anticipated (by claim 3). 9. An apparatus, comprising: a memory; and a baseband processor in communication with the memory and configured to: determine, while operating in a radio resource control (RRC) inactive state, that non-SDT data is available for transmission on a non-SDT DRB; and send the non-SDT data arrival information to a transceiver for reporting to a base station via a dedicated uplink grant. 7. A user equipment device (UE), comprising: at least one antenna; at least one radio, wherein the at least one radio is configured to perform cellular communication using at least one radio access technology (RAT); and one or more processors coupled to the at least one radio, wherein the one or more processors and the at least one radio are configured to communications; wherein the one or more processors are configured to cause the UE to: determine, while operating in a radio resource control (RRC) inactive state and during an initial transmission period of an SDT procedure, that non-small data transmission (non-SDT) data is available for transmission on a non-SDT dedicated radio bearer (DRB); refrain from sending an initial access message based, at least in part, on the determining that the non-SDT data is available; receive an indication to enter a subsequent transmission period of the SDT procedure; and transmit, to a base station, non-SDT data arrival information during the subsequent transmission period of the SDT procedure. Anticipated. Anticipated. Additional limitations. Anticipated. See Laselva ([0055], [0046]). 10. The apparatus of claim 9, wherein the non-SDT data arrival information is sent to the transceiver for reporting via the dedicated uplink grant during a subsequent transmission period. 7… transmit, to a base station, non-SDT data arrival information during the subsequent transmission period of the SDT procedure. Anticipated (by claim 7). 11. The apparatus of claim 10, wherein the reporting is via an RRC resume request message. 9. The UE of claim 7, wherein the non-SDT data arrival information is signaled via at least one of layer 1 (L1) signaling, layer 2 (L2) signaling, or layer 3 (L3) signaling; wherein for L1 signaling, the non-SDT data arrival information is carried in uplink control information (UCI) on a physical uplink control channel (PUCCH); wherein, for L2 signaling, the non-SDT data arrival information is carried in a dedicated medium access control (MAC) control element (CE) or in a buffer status report (BSR) MAC CE; and wherein, for L3 signaling, the non-SDT data arrival information is carried in a first RRC resume request message of an SDT procedure when arrival of the non-SDT data occurs before initiation of an SDT procedure or one of an RRC resume request message or a unified air interface (UAI) message to report UE information when arrival of the non-SDT data occurs during a SDT subsequent transmission period. Anticipated. 14. The apparatus of claim 9, wherein the non-SDT data arrival information is signaled via layer 3 (L3) signaling. 9. The UE of claim 7, wherein the non-SDT data arrival information is signaled via at least one of layer 1 (L1) signaling, layer 2 (L2) signaling, or layer 3 (L3) signaling; Anticipated. 15. The apparatus of claim 9, wherein the non-SDT data arrival information is carried in a unified air interface (UAI) message to report UE information. 9. The UE of claim 7, wherein the non-SDT data arrival information is signaled… a unified air interface (UAI) message to report UE information when arrival of the non-SDT data occurs during a SDT subsequent transmission period. Anticipated. 16. A non-transitory computer readable memory medium storing program instructions executable by a baseband processor to: determine, while operating in a radio resource control (RRC) inactive state, that non-SDT data is available for transmission on a non-SDT DRB; and send the non-SDT data arrival information to a transceiver for reporting to a base station via a dedicated uplink grant. 7. A user equipment device (UE), comprising: at least one antenna; at least one radio, wherein the at least one radio is configured to perform cellular communication using at least one radio access technology (RAT); and one or more processors coupled to the at least one radio, wherein the one or more processors and the at least one radio are configured to communications; wherein the one or more processors are configured to cause the UE to: determine, while operating in a radio resource control (RRC) inactive state and during an initial transmission period of an SDT procedure, that non-small data transmission (non-SDT) data is available for transmission on a non-SDT dedicated radio bearer (DRB); refrain from sending an initial access message based, at least in part, on the determining that the non-SDT data is available; receive an indication to enter a subsequent transmission period of the SDT procedure; and transmit, to a base station, non-SDT data arrival information during the subsequent transmission period of the SDT procedure. Anticipated. Anticipated. Additional limitations. Anticipated. See Laselva ([0055], [0046]). 17. The non-transitory computer readable memory medium of claim 16, wherein the non-SDT data arrival information is sent to the transceiver for reporting via the dedicated uplink grant during a subsequent transmission period. 7… transmit, to a base station, non-SDT data arrival information during the subsequent transmission period of the SDT procedure. Anticipated (by claim 7). 18. The non-transitory computer readable memory medium of claim 16, wherein the reporting is via an RRC resume request message via the dedicated uplink grant. 9. The UE of claim 7, wherein the non-SDT data arrival information is signaled via at least one of layer 1 (L1) signaling, layer 2 (L2) signaling, or layer 3 (L3) signaling; wherein for L1 signaling, the non-SDT data arrival information is carried in uplink control information (UCI) on a physical uplink control channel (PUCCH); wherein, for L2 signaling, the non-SDT data arrival information is carried in a dedicated medium access control (MAC) control element (CE) or in a buffer status report (BSR) MAC CE; and wherein, for L3 signaling, the non-SDT data arrival information is carried in a first RRC resume request message of an SDT procedure when arrival of the non-SDT data occurs before initiation of an SDT procedure or one of an RRC resume request message or a unified air interface (UAI) message to report UE information when arrival of the non-SDT data occurs during a SDT subsequent transmission period. Anticipated (by claim 7). 20. The non-transitory computer readable memory medium of claim 16, wherein the non-SDT data arrival information is signaled via layer 3 (L3) signaling; and wherein the non-SDT data arrival information is carried in a unified air interface (UAI) message to report UE information. 9. The UE of claim 7, wherein the non-SDT data arrival information is signaled via at least one of layer 1 (L1) signaling, layer 2 (L2) signaling, or layer 3 (L3) signaling; … or a unified air interface (UAI) message to report UE information when arrival of the non-SDT data occurs during a SDT subsequent transmission period. Anticipated (by claim 7). The claims of Patent 12,096,470 do not teach the limitations sending the non-SDT data arrival information… via a dedicated uplink grant. as claimed by claims 1, 8 and 15 of the present Application. However, Laselva teaches sending the non-SDT data arrival information… via a dedicated uplink grant ([0055] “At 580, the UE may send to the gNB, via Msg3, a RRC message (e.g., RRC resume request) indicating SDT and non-SDT data”. [0034] “a small data payload may be multiplexed with, for example, an RRC connection resume request message in Msg3, for instance, in a Medium Access Control (MAC) Protocol Data Unit (PDU)”. [0046] “RRC message may be a common control channel (CCCH) (SRB0) message that could be multiplexed by the RRC message used for the SDT procedure (e.g., RRCResume), or sent over UL grant”). It would have been obvious to a person having ordinary skill in the art to include the feature sending the non-SDT data arrival information… via a dedicated uplink grant as taught by Laselva in Patent 12,096,470 to prevent the occurrence of extra delays whenever the data is generated. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. “SDT aspects common for RACH-based and CG-based SDT scheme”, 3GPP TSG-RAN WG2 #112-e, R2-2009930, November 2020, 17 pages. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOC THAI NGOC VU whose telephone number is (571)270-5901. The examiner can normally be reached M-F, 9:30AM-6:00PM. 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, Rafael Perez-Gutierrez can be reached at 571-272-7915. 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. /QUOC THAI N VU/ Primary Examiner, Art Unit 2642
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Prosecution Timeline

Sep 03, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §102, §103, §DP (current)

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2y 10m (~11m remaining)
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