Prosecution Insights
Last updated: August 17, 2026
Application No. 18/852,140

SYSTEM AND METHODS FOR SUPPORTING SELF-ADAPTIVE QOS FLOW AND PROFILE

Non-Final OA §103
Filed
Sep 27, 2024
Priority
Mar 28, 2022 — provisional 63/324,386 +1 more
Examiner
SAIFUDDIN, AHMED
Art Unit
Tech Center
Assignee
InterDigital Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
33 granted / 40 resolved
+22.5% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
40 currently pending
Career history
94
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
69.8%
+29.8% vs TC avg
§102
26.5%
-13.5% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 40 resolved cases

Office Action

§103
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 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 1, 3, 6-8, 10-12, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over CHO et al. (Patent No: US 2019/0349804 A1), hereinafter, CHO, in view of Ryu et al. (Patent No: US 2022/0248370 A1), hereinafter, Ryu. Regarding Claim 1, CHO teaches, A method implemented in a wireless transmit/receive unit (WTRU) comprising: receiving a plurality of quality of service (QoS) rules, -Paragraph [0073] ([0073] recites, “ The UE performs the classification and marking of UL user plane traffic, i.e. the association of UL traffic to QoS flows, based on QoS rules. These QoS rules may be explicitly provided to the UE (using the PDU Session Establishment/Modification procedure), preconfigured in the UE or implicitly derived by UE by applying reflective QoS.”) wherein each of the QoS rules comprises data characteristic label information; - Paragraph [0075] ( [0075] recites, “A QoS rule contains a QoS rule identifier which is unique within the PDU session, the QFI of the associated QoS flow and a packet filter set for UL and optionally for DL and a precedence value. Additionally, for a dynamically assigned QFI, the QoS rule contains the QoS parameters relevant to the UE (e.g. 5QI, GBR and MBR and the Averaging Window). There can be more than one QoS rule associated with the same QoS Flow (i.e. with the same QFI)” Characteristic label information, e.g., GBR, MBR etc.) receiving data traffic, wherein the data traffic comprises service data flows (SDFs); -Fig. 7; Paragraph [0077, 0092]([0077] recites, “incoming data packets are classified by the UPF based on SDF templates according to their SDF precedence, (without initiating additional N4 signaling). The UPF conveys the classification of the user plane traffic belonging to a QoS flow through an N3 (and N9) user plane marking using a QFI.” [0092] recites, “Packet filter refers to information for matching service data flows. The format of the packet filters is a pattern for matching the IP 5 tuple (source IP address or IPv6 network prefix, destination IP address or IPv6 network prefix, source port number, destination port number, protocol ID of the protocol above IP). Service data flows are mapped to a QoS flow according to DL/UL packet filter.” ) determining a traffic characteristic of the SDFs; -Paragraph [0092] ([0092] recites, “Packet filter refers to information for matching service data flows. The format of the packet filters is a pattern for matching the IP 5 tuple (source IP address or IPv6 network prefix, destination IP address or IPv6 network prefix, source port number, destination port number, protocol ID of the protocol above IP). Service data flows are mapped to a QoS flow according to DL/UL packet filter. “) selecting a QoS rule based on the determined traffic characteristic of the SDFs and the data characteristic label information; -Paragraph [0073, 0078] ([0073] recites, “The UE performs the classification and marking of UL user plane traffic, i.e. the association of UL traffic to QoS flows, based on QoS rules. These QoS rules may be explicitly provided to the UE (using the PDU Session Establishment/Modification procedure), preconfigured in the UE or implicitly derived by UE by applying reflective QoS” [0078] recites, “In UL, the UE evaluates UL packets against the packet filter set in the QoS rules based on the precedence value of QoS rules in increasing order until a matching QoS rule (i.e. whose packet filter matches the UL packet) is found. “) mapping the SDFs to QoS flows based on the selected QoS rule; -Paragraph [0078] ([0078] recites, “In UL, the UE evaluates UL packets against the packet filter set in the QoS rules based on the precedence value of QoS rules in increasing order until a matching QoS rule (i.e. whose packet filter matches the UL packet) is found. The UE uses the QFI in the corresponding matching QoS rule to bind the UL packet to a QoS flow.” ) and transmitting the data traffic QoS flows, -Fig. 7 (Fig. 7 shows data traffic QoS flow from/to UE) Although implicit, CHO does not explicitly mention, wherein the data characteristic label information comprises at least one of: low bit rate, high bit rate, delay sensitive, delay tolerant, loss tolerant, and bursty. However, in an analogous invention Ryu teaches, wherein the data characteristic label information comprises at least one of: low bit rate, high bit rate, delay sensitive, delay tolerant, loss tolerant, and bursty. -Paragraph [0287, 0315] ([0287] recites, “The N1N2 transfer request message may comprise an indication for asynchronous communication type, high latency communication, delay tolerant communication, and/or the like.” [0315] recites, “In an example, the PDU session for the user plane data may be established as a delay tolerant PDU session so the base station may aware a delayed sending is allowed for the PDU session/QoS flow/radio bearer. The UPF may comprise a downlink PDU session information based on a PDU session configuration information, the received transmission parameter from the application function, an indication from the SMF and/or the like.”) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the “METHOD FOR PERFORMING REFLECTIVE QUALITY OF SERVICE (QOS) IN WIRELESS COMMUNICATION SYSTEM AND A DEVICE THEREFOR” proposed by CHO to include the concept of “the data characteristic label information comprises at least one of: low bit rate, high bit rate, delay sensitive, delay tolerant, loss tolerant, and bursty” of Ryu. One of ordinary skill in the art would have been motivated to make this modification in order to improve the system performance [0304]. Regarding Claim 3, CHO and Ryu teaches the limitations of Claim 1. CHO further teaches, The method according to claim 1,wherein the received QoS rules are for a same application. -Fig. 7 (Fig. 7 shows different QoS rules, mapping to QoS flows and marking of UL packets for certain application) Regarding Claim 6, CHO and Ryu teaches the limitations of Claim 1. CHO further teaches, The method according to claim 1,further comprising initiating, by the WTRU to a Session Management Function (SMF), on a condition that the WTRU detects a change of data characteristics, a PDU session modification request. -Paragraph [0071, 0073] ([0071] recites, “Within the 5G System, a QoS flow is controlled by the SMF and may be preconfigured, or established via the PDU Session Establishment procedure, or the PDU Session Modification procedures.” [0073] recites, “The UE performs the classification and marking of UL user plane traffic, i.e. the association of UL traffic to QoS flows, based on QoS rules. These QoS rules may be explicitly provided to the UE (using the PDU Session Establishment/Modification procedure), preconfigured in the UE or implicitly derived by UE by applying reflective QoS.”) Regarding Claim 7, CHO and Ryu teaches the limitations of Claim 6. CHO further teaches, The method according to claim 6,wherein the PDU session modification request comprises a QoS flow identifier (QFI) and new data characteristics. -Paragraph [0073, 0075] ([0073] recites, “[0075] recites, “QoS rules may be explicitly provided to the UE (using the PDU Session Establishment/Modification procedure)” [0075] recites, “A QoS rule contains a QoS rule identifier which is unique within the PDU session, the QFI of the associated QoS flow and a packet filter set for UL and optionally for DL and a precedence value. Additionally, for a dynamically assigned QFI, the QoS rule contains the QoS parameters relevant to the UE (e.g. 5QI, GBR and MBR and the Averaging Window)”) Regarding Claim 8, CHO and Ryu teaches the limitations of Claim 1. CHO further teaches, The method according to claim 1,wherein,further comprising receiving, by the WTRU, a data characteristic indication. -Paragraph [0075, 0092] ([0075] recites, “A QoS rule contains a QoS rule identifier which is unique within the PDU session, the QFI of the associated QoS flow and a packet filter set for UL and optionally for DL and a precedence value. Additionally, for a dynamically assigned QFI, the QoS rule contains the QoS parameters relevant to the UE (e.g. 5QI, GBR and MBR and the Averaging Window)” [0092] recites, “…Service data flows are mapped to a QoS flow according to DL/UL packet filter”) Regarding Claim 10, CHO and Ryu teaches the limitations of Claim 8. CHO further teaches, The method according to claim 8, wherein the QoS rule is further selected based in part on the data characteristic indication. -Paragraph [0078, 0092] ( [0078] recites, “In UL, the UE evaluates UL packets against the packet filter set in the QoS rules based on the precedence value of QoS rules in increasing order until a matching QoS rule (i.e. whose packet filter matches the UL packet) is found. The UE uses the QFI in the corresponding matching QoS rule to bind the UL packet to a QoS flow.”) Claim 11 is the apparatus claim corresponding to the method claim 1. The Applicant’s attention is directed towards Claim 1 above which is rejected. Claim 11 is rejected under the same rational as Claim 1. CHO further teaches, A WTRU comprising: a processor and a transceiver; wherein the transceiver is configured to: -Fig. 20; Paragraph [0166-0167] ([0166-0167] recites, “The apparatus shown in FIG. 20 can be a user equipment (UE) and/or eNB adapted to perform the above mechanism, but it can be any apparatus for performing the same operation. As shown in FIG. 20, the apparatus may comprises a DSP/microprocessor (110) and RF module (transceiver; 135). The DSP/microprocessor (110) is electrically connected with the transceiver (135) and controls it.”) Claim 12 is the apparatus claim corresponding to the method claim 3. The Applicant’s attention is directed towards Claim 3 above which is rejected. Claim 12 is rejected under the same rational as Claim 3. Claim 15 is the apparatus claim corresponding to the method claim 6. The Applicant’s attention is directed towards Claim 6 above which is rejected. Claim 15 is rejected under the same rational as Claim 6. Claim 16 is the apparatus claim corresponding to the method claim 7. The Applicant’s attention is directed towards Claim 7 above which is rejected. Claim 16 is rejected under the same rational as Claim 7. Claim 17 is the apparatus claim corresponding to the method claim 8. The Applicant’s attention is directed towards Claim 8 above which is rejected. Claim 17 is rejected under the same rational as Claim 8. Claims 4, 13 are rejected under 35 U.S.C. 103 as being unpatentable over CHO in view of Ryu and further in view of Qiao et al. (Patent No: US 2025/0203447 A1), hereinafter, Qiao. Regarding Claim 4, CHO and Ryu teaches the limitations of Claim 1. Although implicit, CHO and Ryu combination do not explicitly mention, The method according to claim 1, wherein, further comprising determining the traffic characteristics of the SDFs based on a traffic pattern or information from a higher layer. However, in an analogous invention Qiao teaches, The method according to claim 1, wherein, further comprising determining the traffic characteristics of the SDFs based on a traffic pattern or information from a higher layer -Paragraph [0291] ([0291] recites, “In an example, the service data flow detection information (e.g. service data flow template) may comprise combination of traffic patterns of the Ethernet PDU traffic.”) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the “METHOD FOR PERFORMING REFLECTIVE QUALITY OF SERVICE (QOS) IN WIRELESS COMMUNICATION SYSTEM AND A DEVICE THEREFOR” proposed by CHO to include the concept of “determining the traffic characteristics of the SDFs based on a traffic pattern or information from a higher layer” of Qiao. One of ordinary skill in the art would have been motivated to make this modification in order to improve network resource usage for an always-on PDU session [0250]. Claim 13 is the apparatus claim corresponding to the method claim 4. The Applicant’s attention is directed towards Claim 4 above which is rejected. Claim 13 is rejected under the same rational as Claim 4. Claims 5, 14 are rejected under 35 U.S.C. 103 as being unpatentable over CHO in view of Ryu and further in view of Talebi Fard et al. (Patent No: US 2021/0274575 A1), hereinafter, Talebi Fard. Regarding Claim 5, CHO and Ryu teaches the limitations of Claim 1. Although implicit, CHO and Ryu combination do not explicitly mention, The method according to claim 1, wherein further comprising sending, by the WTRU to a network node, an indication that the WTRU is capable of detecting a change of data characteristics. However, in an analogous invention, Talebi Fard teaches, The method according to claim 1, wherein further comprising sending, by the WTRU to a network node, an indication that the WTRU is capable of detecting a change of data characteristics. -Paragraph [0213] ([0213] recites, “In an example, during a registration procedure, a UE may provide RDS supported indication over NAS signaling indicating the UE's capability for support of RDS. In an example, the RDS supported indication may indicate whether the UE may support reliable small data delivery over NAS via 3GPP access or via both 3GPP and non-3GPP access. If the core network supports RDS functionality, the AMF may include RDS supported indication to the UE, and whether RDS delivery over NAS via 3GPP access or via both the 3GPP and non-3GPP access is accepted by the network.” RDS supported UE can detect change of data characteristics, e.g., small data delivery) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the “METHOD FOR PERFORMING REFLECTIVE QUALITY OF SERVICE (QOS) IN WIRELESS COMMUNICATION SYSTEM AND A DEVICE THEREFOR” proposed by CHO to include the concept of “sending, by the WTRU to a network node, an indication that the WTRU is capable of detecting a change of data characteristics.” of Talebi Fard. One of ordinary skill in the art would have been motivated to make this modification in order to improve improve reliability of trigger payload delivery [0322]. Claim 14 is the apparatus claim corresponding to the method claim 5. The Applicant’s attention is directed towards Claim 5 above which is rejected. Claim 14 is rejected under the same rational as Claim 5. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED SAIFUDDIN whose telephone number is (703)756-4581. The examiner can normally be reached Monday-Friday 8:30am-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, KHALED M KASSIM can be reached on 571-270-3770. 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. /AHMED SAIFUDDIN/Examiner, Art Unit 2475 /KHALED M KASSIM/supervisory patent examiner, Art Unit 2475
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Prosecution Timeline

Sep 27, 2024
Application Filed
Jul 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+22.2%)
3y 1m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 40 resolved cases by this examiner. Grant probability derived from career allowance rate.

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