Prosecution Insights
Last updated: August 16, 2026
Application No. 18/835,679

PER DATA RADIO BEARER (DRB) DELAY THRESHOLD CONFIGURATION

Non-Final OA §112
Filed
Aug 02, 2024
Priority
Feb 10, 2022 — provisional 63/308,738 +1 more
Examiner
NGUYEN, ANH NGOC M
Art Unit
Tech Center
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
717 granted / 797 resolved
+30.0% vs TC avg
Moderate +8% lift
Without
With
+7.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
15 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
12.1%
-27.9% vs TC avg
§103
42.3%
+2.3% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
18.2%
-21.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 797 resolved cases

Office Action

§112
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 . Specification The disclosure is objected to because of the following informalities: Paragraph [0007] of the specification dated 8/2/2024 is disclosed below: [0007] The architecture in Figure 1 can be expanded by spitting the gNB-CU into two entities as illustrated in one embodiment in Figure 2. In the split architecture option, the RAN protocol stack functionality is separated in different parts. The gNB-CU-control plane (CP) (gNB-CU-CP or CU-CP) is expected to handle the radio resource control (RRC) layer, the gNB-CU-user plane (UP) (gNB-CU-UP or CU-UP) will handle the protocol data convergence protocol (PDCP) layer and the gNB-DU will handle the radio link control (RLC), medium access control (MAC) and physical (PHY) layer of the protocol stack. In some further split the gNB-DU can have separated unit that handles the PHY parts separately compared to RLC and MAC layers that are handled in a gNB-DU. Applicants are advised to amend the underlined feature to packet data convergence protocol (PDCP) because the whole specification describes PDCP as a packet data convergence protocol. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1 – 3, 8 – 10, 14, 16, 19 and 20 are rejected under 35 U.S.C. 112(b) being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 1 – 3, 8 – 10, 14, 16, 19 and 20 fail to point out what the symbol of “PDCP” represents in the claims. Claims 19 and 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 19 and 20 recite the clause with the optional language “adapted to…” Claims 19 and 20 fail to point out whether the claimed limitations after the term "adapted to" are required to be performed or they are optional claimed limitations. In order to present the claim in a better form and to describe a positive or require steps/function to be performing (i.e. using the claim language that does not suggest or make optionally but required steps to be performed), Applicant is suggested to revise the claim language such that the steps/functions, which follows “adapted to”, to be performed are required (not optional). See MPEP 2111.04 (I). Plus, claim 19 is indefinite for failing to set forth whether claim 19 (as a whole) is directed to a wireless device or is directed to a method claim. For example, the preamble of claim 19 recites a wireless device; however, the body of claim 19 is a series of steps performed by the wireless device. For an apparatus type claim, claim 19 lacks the physical components that make up the wireless device to perform the series of steps. Allowable Subject Matter Hwang et al. (Pub. No.: US 2021/0235505) disclose when the terminal receives measurement configuration information relating to an uplink (UL) delay report from the base station in FIG. 7, the terminal may receive a configuration relating to delay measurement at operation 720. In this case, the terminal may perform the following operation. Referring to FIG. 8, the received measurement configuration information may include an uplink delay ratio configuration report indicator (UL-DelayRatioConfig). In addition, the received measurement configuration information may include multiple DRB identities (DRB IDs) and uplink delay threshold information. Furthermore, the received measurement configuration information may include an uplink delay value configuration report indicator (UL-DelayValueConfig) at operation 805. When the measurement configuration information includes the uplink delay ratio configuration report indicator or the multiple DRB IDs and the uplink delay threshold information, the terminal may specify a DRB by using the DRB IDs included in the measurement configuration information. In addition, uplink delay (UL delay) measurement may be performed in a PDCP entity of the specified DRB at operation 810 (see para. 0160 - 0162). Yi et al. (Pub. No.: US 2019/0141550) disclose the present invention relates to a method and a device for performing UL packet measurements in a wireless communication system, the method comprising: receiving a measurement configuration including a measurement period and a report unit from an eNB, performing an UL Packet Measurement per the report unit using the measurement period, and generating an UL Packet Measurement report including at least one ID of the report unit and at least one result of the UL Packet Measurement corresponding to the at least one ID of the report unit, and transmitting the UL Packet Measurement report to the eNB (see abstract). The cited prior arts as indicated in the International Search Report for PCT/SE2023/050109 have been considered and they do not disclose the claimed features as discussed below. The cited prior arts, taken alone or in combination, do not disclose the following claimed features of “the excess delay configuration including a list of PDCP excess delay thresholds associated with data radio bearer, DRB, identities, IDs; performing uplink PDCP excess delay measurements based on threshold values in the excess delay configuration” as recited in claim 1, “the excess delay configuration including a list of PDCP excess delay thresholds associated with data radio bearer, DRB, identities, IDs; receiving an excess delay measurement report from the wireless device based on the excess delay configuration” as recited in claim 8 and “the excess delay configuration including a list of PDCP excess delay thresholds associated with data radio bearer, DRB, identities, IDs; perform uplink PDCP excess delay measurements based on threshold values in the excess delay configuration” as recited in claim 19 when considering each claim individually as a whole. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh Ngoc M Nguyen whose telephone number is (571) 270-5139. The examiner can normally be reached on Monday to Friday, from 7:30 am to 4:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang Bin Yao can be reached on ((571) 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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 . Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANH NGOC M NGUYEN/Primary Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Aug 02, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §112 (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
90%
Grant Probability
98%
With Interview (+7.5%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 797 resolved cases by this examiner. Grant probability derived from career allowance rate.

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