Prosecution Insights
Last updated: August 17, 2026
Application No. 18/856,339

UPLINK TRANSMISSION METHOD/APPARATUS/DEVICE AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Oct 11, 2024
Priority
Apr 13, 2022 — nonprovisional of PCTCN2022086721
Examiner
ZHANG, ZHENSHENG
Art Unit
Tech Center
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
304 granted / 399 resolved
+16.2% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
430
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
76.2%
+36.2% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 399 resolved cases

Office Action

§102 §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 § 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. (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 1-2, 4, 14, 18-20, 26, 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang (US 20230153746). Regarding claim 1, Jiang discloses an uplink transmission method, performed by a user equipment (UE) (fig. 2), the method comprising: determining an uplink transmission discard configuration, the uplink transmission discard configuration comprising at least one of a time length or maximum allowable discard information corresponding to the time length, wherein the time length is used for determining a time interval to which the UE belongs (figs. 2-5, s201, [0099-102], receiving an instruction message sent from a base station, which instructs to start monitoring transmission timeout of a data packet in a SDAP layer, starting a packet discarding timer corresponding to each data packet in a data stream of a target session in the SDAP layer according to the instruction message, if it is detected that the target session is initiated. If timing duration setting information exists in the instruction message, the timing duration of the packet discarding timer can be set; [0055], a determination module configured to determine, whenever a preset period of time passing by, an identification corresponding to a discarded data packet in the current period) and the maximum allowable discard information is used for determining whether the UE is allowed to perform uplink discard within the time interval ([0101][0102], discarding the data packet corresponding to the packet discarding timer, if the packet discarding timer expires and it is detected that the data packet corresponding to the packet discarding timer fails to be transmitted locally; [0055], a determination module configured to determine, whenever a preset period of time passing by, an identification corresponding to a discarded data packet in the current period); and in response to needing to perform the uplink discard, performing the uplink discard based on the uplink transmission discard configuration ([0101], discarding the data packet corresponding to the packet discarding timer, if the packet discarding timer expires and it is detected that the data packet corresponding to the packet discarding timer fails to be transmitted locally). Claims 18, 29-30 are rejected similarly with claim 1 noting that Jiang discloses a processor and memory (Jiang, figs. 17-18). Regarding claims 2, 19, Jiang discloses the method of claim 1, wherein the time length comprises at least one of: an absolute time length ([0100-101], a packet discarding timer, which is an absolute time length), or a relative time length, wherein the relative time length comprises at least one of: a number of system frames, a number of subframes, a number of slots, or a number of symbols, and wherein the maximum allowable discard information comprises at least one of: a transmission time of maximum allowable discard ([0055], a determination module configured to determine, whenever a preset period of time passing by, an identification corresponding to a discarded data packet in the current period; [0026], a preset of time period); or a transmission number of the maximum allowable discard. It is noted that the applicant uses selective language in this claim and the examiner is only showing one of the claimed options. Claims 14 and 26 are rejected similarly with claims 2 and 19, respectively, since the claims are related to the second selective option in claim 2 or claim 19. Regarding claims 4, 20, Jiang discloses the method of claim 2, wherein the transmission time of the maximum allowable discard comprises at least one of: an absolute time of the maximum allowable discard, a length of the absolute time of the maximum allowable discard being less than or equal to the absolute time length ([0100-101], a packet discarding timer, which is an absolute time length; [0026], a preset of time period. Note here, the discarding timer and the preset time period two numbers, there are only two possibilities: the discarding timer is less than or equal to the preset time period or verse versus), or a relative time of the maximum allowable discard, a length of the relative time of the maximum allowable discard being less than or equal to the relative time length, and wherein the relative time of the maximum allowable discard comprises at least one of: a number of system frames of the maximum allowable discard, a number of subframes of the maximum allowable discard, a number of slots of the maximum allowable discard, or a number of symbols of the maximum allowable discard. It is noted that the applicant uses selective language in this claim and the examiner is only showing one of the claimed options. 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang in view of Takeda (TW 202135581). Regarding claim 10, Jiang discloses the method of claim 1, wherein the method further comprises at least one of: determining the uplink transmission discard configuration comprises at least one of: obtaining the uplink transmission discard configuration sent by a network device (figs. 2-5, s201, [0099-102], receiving an instruction message sent from a base station, which instructs to start monitoring transmission timeout of a data packet in a SDAP layer), or determining the uplink transmission discard configuration based on an agreement of a protocol. Jiang does not explicitly disclose determining, based on at least one of a configuration of a network device or an agreement of a protocol, first frequency information of an applicable frequency of the uplink transmission discard configuration, wherein the first frequency information comprises at least one of: all service frequencies configured by the UE, one or more service frequencies activated for use among all the service frequencies configured by the UE, or second frequency information indicating a specified frequency, wherein the second frequency information comprises at least one of: cell type indication information of the specified frequency, cell group type indication information of the specified frequency, a cell identifier of the specified frequency, a bandwidth part (BWP) identifier of the specified frequency, a frequency point identifier of the specified frequency, a bandwidth of the specified frequency, starting frequency information of the specified frequency, or ending frequency information of the specified frequency, and wherein performing the uplink discard based on the uplink transmission discard configuration comprises: in response to a frequency corresponding to a current uplink transmission being the applicable frequency of the uplink transmission discard configuration, performing the uplink discard based on the uplink transmission discard configuration. Takeda discloses determining, based on at least one of a configuration of a network device or an agreement of a protocol, first frequency information of an applicable frequency of the uplink transmission discard configuration (Takeda, [0020], discard the based on the first uplink transmission and the second uplink transmission are associated with the first frequency band), wherein the first frequency information comprises at least one of: all service frequencies configured by the UE, one or more service frequencies activated for use among all the service frequencies configured by the UE (Takeda, [0020], discard the based on the first uplink transmission and the second uplink transmission are associated with the first frequency band), or second frequency information indicating a specified frequency, wherein the second frequency information comprises at least one of: cell type indication information of the specified frequency, cell group type indication information of the specified frequency, a cell identifier of the specified frequency, a bandwidth part (BWP) identifier of the specified frequency, a frequency point identifier of the specified frequency (Takeda, [0020], discard the based on the first uplink transmission and the second uplink transmission are associated with the first frequency band), a bandwidth of the specified frequency, starting frequency information of the specified frequency, or ending frequency information of the specified frequency, and wherein performing the uplink discard based on the uplink transmission discard configuration comprises: in response to a frequency corresponding to a current uplink transmission being the applicable frequency of the uplink transmission discard configuration, performing the uplink discard based on the uplink transmission discard configuration (Takeda, [0020], discard the based on the first uplink transmission and the second uplink transmission are associated with the first frequency band). It would have been obvious to a person of ordinary skill in the art before the time of effective filing to combine the teachings as given by Jiang with the teachings given by Takeda. The motivation for doing so would have been to provide more effective processing of control information and improved data throughput (Takeda, [0041]). It is noted that the applicant uses selective language in this claim and the examiner is only showing one of the claimed options. Allowable Subject Matter Claims 5, 7-9, 15-17, 22, 24 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 ZHENSHENG ZHANG whose telephone number is (571)270-1985. The examiner can normally be reached Monday-Thursday 8:00am-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, Michael Thier can be reached at 571-272-2832. 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. /ZHENSHENG ZHANG/Primary Examiner, Art Unit 2474
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Prosecution Timeline

Oct 11, 2024
Application Filed
Jul 22, 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

1-2
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+11.4%)
2y 8m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 399 resolved cases by this examiner. Grant probability derived from career allowance rate.

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