Prosecution Insights
Last updated: October 16, 2026
Application No. 18/840,720

User Plane Traffic Characteristics in a Communication Network

Non-Final OA §102§103
Filed
Aug 22, 2024
Priority
Feb 23, 2022 — provisional 63/313,088 +1 more
Examiner
TULOP, JIRAPON INTAVONG
Art Unit
2693
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Non-Final)
70%
Grant Probability
Favorable
2-3
OA Rounds
1y 3m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
360 granted / 514 resolved
+8.0% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
23 currently pending
Career history
539
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
56.7%
+16.7% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 514 resolved cases

Office Action

§102 §103
CTNF 18/840,720 CTNF 86065 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 44, 45, 46, 48-59, 61, 62 and 63 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Publication No. 2021/0352537 (“Bharatia”) . Regarding claim 44, Bharatia discloses a method performed by a network node in a communication network, the method comprising: transmitting or receiving messages through a tunnel with another network node, wherein the messages convey user plane traffic (Fig. 4 and [0065] uplink traffic), wherein one or more of the messages each include information indicating one or more characteristics of the user plane traffic, wherein the one or more characteristics include a periodicity of the user plane traffic and/or a burst arrival time of the user plane traffic ([0111] parameters are exchanged over the N4 interface between the SMF and UPF: usage reporting rule (e.g., measurement key, reporting triggers, periodic measurement threshold, volume measurement threshold, time measurement threshold, event measurement threshold, Inactivity detection time and Event based reporting)). Regarding claim 55, Bharatia discloses a network node (fig. 2, eNB 102) configured for use in a communication network, the network node comprising: communication circuitry; and processing circuitry (fig. 2) configured to transmitting or receiving messages through a tunnel with another network node, wherein the messages convey user plane traffic (Fig. 4 and [0065] uplink traffic), wherein one or more of the messages each include information indicating one or more characteristics of the user plane traffic, wherein the one or more characteristics include a periodicity of the user plane traffic and/or a burst arrival time of the user plane traffic ([0111] parameters are exchanged over the N4 interface between the SMF and UPF: usage reporting rule (e.g., measurement key, reporting triggers, periodic measurement threshold, volume measurement threshold, time measurement threshold, event measurement threshold, Inactivity detection time and Event based reporting)). Regarding claim 56, Bharatia discloses a method performed by a communication device (fig. 4, in a communication network, the method comprising: transmitting, to the communication network, uplink signaling indicating one or more characteristics of user plane traffic (Fig. 4 and [0065] uplink traffic), wherein the one or more characteristics include a periodicity of the user plane and/or include a burst arrival time of the user plane traffic ([0111] parameters are exchanged over the N4 interface between the SMF and UPF: usage reporting rule (e.g., measurement key, reporting triggers, periodic measurement threshold, volume measurement threshold, time measurement threshold, event measurement threshold, Inactivity detection time and Event based reporting)). Regarding claim 63, Bharatia discloses a communication device (fig. 4, UE) configured for use in a communication network, the communication device comprising: communication circuitry; and processing circuitry (fig. 2) configured to transmitting, to the communication network, uplink signaling indicating one or more characteristics of user plane traffic (Fig. 4 and [0065] uplink traffic), wherein the one or more characteristics include a periodicity of the user plane and/or include a burst arrival time of the user plane traffic ([0111] parameters are exchanged over the N4 interface between the SMF and UPF: usage reporting rule (e.g., measurement key, reporting triggers, periodic measurement threshold, volume measurement threshold, time measurement threshold, event measurement threshold, Inactivity detection time and Event based reporting)). Regarding claims 45 and 57, Bharatia discloses wherein the one or more characteristics are one or more characteristics measured or experienced at an application layer ([0103] user data traffic). Regarding claims 46 and 59, Bharatia discloses the method of claim 44, wherein the messages convey user plane traffic for one or more flows, wherein information included in a message conveying user plane traffic for a flow indicates one or more characteristics of the user plane traffic for that flow ([0092] It enables traffic from the UE to be split via multiple paths through multiple UPFs in the uplink direction). Regarding claim 48, Bharatia discloses the method of claim 44, wherein the one or more messages each further include a quality of service (QoS) flow identifier identifying a QoS flow to which the message or the user plane traffic conveyed by the message belongs ([0111] parameters are exchanged over the N4 interface between the SMF and UPF include QoS enforcement rule (e.g., QoS enforcement rule correlation identifier, UL/DL gate status, maximum bitrate, guaranteed bitrate, transport level marking, extension header). Regarding claim 49, Bharatia discloses the method of claim 44, wherein the tunnel is a General Packet Radio Service (GPRS) Tunnelling Protocol (GTP) user plane (GTP-U) tunnel, wherein the one or more messages each include the information indicating the one or more characteristics of the user plane traffic in a GTP-U extension header ([0003] requirement supported LTE, UMTS/HSPA and GSM/GPRS is to support full mobility, characteristics of the user plane traffic reflected in QoS flows ([0111]) the flows are transported via GTP-U therefore in GTP-U extension header). Regarding claim 50, Bharatia discloses the method of claim 44, wherein the one or more messages each include the information indicating the one or more characteristics of the user plane traffic in: a DL PDU SESSION INFORMATION frame; a DL USER DATA frame; or a DL DATA DELIVERY STATUS frame ([0065] downlink user plane message). Regarding claim 51, Bharatia discloses the method of claim 44, wherein said transmitting or receiving comprises transmitting the messages, wherein either: the network node is a core network node and the another network node is a radio network node; or the network node comprises a central unit of a radio network node and the another network node comprises a distributed unit of the radio network node ([0063] core network node: SMF/UPF and radio access node (RAN). Regarding claim 52, Bharatia does not specify the method of claim 44, wherein said transmitting or receiving comprises receiving the messages, wherein either: the another network node is a core network node and the network node is a radio network node; or the another network node comprises a central unit of a radio network node and the network node comprises a distributed unit of the radio network node ([0063] core network node: SMF/UPF and radio access node (RAN). Regarding claim 53, Bharatia discloses the method of claim 52, further comprising, based on the one or more indicated characteristics of the user plane traffic, adapting allocation of radio resources for the user plane traffic and/or adapting a configuration of a communication device associated with the user plane traffic ([0101-0102] The SMF may be made dynamically aware on the UPF load and relative static capacity for which it has an established N4 session. The UPF's dynamic load is considered at the node level. In such example, the SMF may then derive the load at the APN level). Regarding claim 54, Bharatia discloses the method of claim 51, wherein the core network node implements a User Plane Function (UPF) ([0090] the user plane function (UPF) selection may be performed by the session management function (SMF) during the session establishment or when UPF relocation is required). Regarding claim 58, Bharatia discloses the method of claim 56, further comprising measuring the one or more characteristics at an application layer at the communication device, wherein the signaling indicates the one or more characteristics as measured ([0111] parameters are exchanged over the N4 interface between the SMF and UPF include QoS enforcement rule (e.g., QoS enforcement rule correlation identifier, UL/DL gate status, maximum bitrate, guaranteed bitrate, transport level marking, extension header). Regarding claim 61 and 62, Bharatia discloses the method of claim 56, wherein the uplink signaling is transmitted in a radio resource control (RRC) message, wherein the RRC message is a UE Assistance message ([0073] uplink RRC message sent by the UE) . Claim Rejections - 35 USC § 103 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. 07-21-aia AIA Claim s 47 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication No. 2021/0352537 (“Bharatia”) in view of WO 2020/243454 (“Hande et al.”) . Regarding claims 47 and 60, Bharatia does not specify the method of claim 46, wherein the user plane traffic is eXtended Reality (XR) traffic, wherein the one or more flows are one or more XR traffic flows. In the same field of endeavor, Hande et al. discloses determining one or more burst parameters associated with bursts of file transmissions, each burst having one or more files, each file having a plurality of packets comprising at least one of a plurality of uplink packets or a plurality of downlink packets. The communication systems support various services such as extended reality (XR) In XR applications, a traffic flow may include bursts of files comprising multiple packets. The radio access network (RAN) may determine or receive the structure of the bursts (e.g., start time, end time, duration, or period) and configure power saving settings for a user equipment (UE) in accordance with the burst structure. ([0060-0063]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the XR traffic handling in Hande with the per flow traffic steering in Bharatia to arrive at the claimed invention because the XR traffic requires application specific flow with the benefit of quality of service (QOS). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIRAPON TULOP whose telephone number is (571)270-7491. The examiner can normally be reached Monday to Friday, 10:00AM-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, Ahmad Matar can be reached at 571-272-7488. 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. /JIRAPON TULOP/Examiner, Art Unit 2693 Application/Control Number: 18/840,720 Page 2 Art Unit: 2693 Application/Control Number: 18/840,720 Page 3 Art Unit: 2693 Application/Control Number: 18/840,720 Page 4 Art Unit: 2693 Application/Control Number: 18/840,720 Page 5 Art Unit: 2693 Application/Control Number: 18/840,720 Page 6 Art Unit: 2693 Application/Control Number: 18/840,720 Page 7 Art Unit: 2693 Application/Control Number: 18/840,720 Page 8 Art Unit: 2693 Application/Control Number: 18/840,720 Page 9 Art Unit: 2693
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Prosecution Timeline

Aug 22, 2024
Application Filed
May 01, 2026
Non-Final Rejection mailed — §102, §103
Aug 03, 2026
Response Filed
Oct 14, 2026
Non-Final Rejection mailed — §102, §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

2-3
Expected OA Rounds
70%
Grant Probability
94%
With Interview (+23.7%)
3y 5m (~1y 3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 514 resolved cases by this examiner. Grant probability derived from career allowance rate.

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