Prosecution Insights
Last updated: October 02, 2026
Application No. 18/856,747

METHOD AND APPARATUS OF DATA TRANSMISSION

Non-Final OA §102§103
Filed
Oct 14, 2024
Priority
Apr 15, 2022 — nonprovisional of PCTCN2022087133
Examiner
HONG, DUNG
Art Unit
Tech Center
Assignee
Lenovo (United States) Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
663 granted / 791 resolved
+23.8% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
24 currently pending
Career history
812
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
61.4%
+21.4% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 791 resolved cases

Office Action

§102 §103
DETAILED ACTION This is in response to applicant's communication filed on 10/14/2024, wherein: Claim 1-20 are pending. Claim 1-15 are amended. Claim 16-20 are new. 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. Claim 16-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 20250142527 A1). Regarding claim 16, Wang discloses a radio access network (RAN) node, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the RAN node to (Fig. 3 – second network device 130, which is known to comprise at least one processor and memory components for performing the procedure shown in Fig. 3): determine reception of small data transmission (SDT) downlink data (¶0070 – “In some embodiments, the second network device 130 may determine whether a MT-SDT is performed for the terminal device 110. In some embodiments, the second network device 130 may determine whether the MT-SDT is performed for the terminal device 110 based on at least one of a radio bearer associated with DL data, a size of the DL data, or a capability of the terminal device 110. In some embodiments, the second network device 130 may determine whether the MT-SDT is performed for the terminal device 110 based on at least one of the following: whether the terminal device 110 supports the MT-SDT; whether the DL data is from a radio bearer configured with SDT; or whether a size of the DL data is less than a threshold size. For example, if the terminal device 110 supports MT-SDT, all the DL data are from one or more radio bearers configured with SDT, and the size of the DL data is less than the threshold size, the second network device 130 may determine that the MT-SDT is performed for the terminal device 110. That is, the second network device 130 can trigger the MT-SDT”); and transmit information indicating the reception of the SDT downlink data (Fig. 3 step 301 and ¶0069 – 0070: “[0069] As shown in FIG. 3, when the second network device 130 determines that a RAN paging trigger event occurs, the second network device 130 may transmit 301 a RAN paging message (for convenience, also referred to as a first paging message herein) to the first network device 120 and other network devices (not shown) in the cells corresponding to the RNA. According to embodiments of the present disclosure, the RAN paging message comprises information on MT-SDT for the terminal device 110. In this way, the triggering of the MT-SDT may be implemented”). Regarding claim 17, Wang discloses the RAN node of claim 16, wherein the at least one processor is configured to cause the RAN node to transmit a paging message to a user equipment (UE) (Fig. 4 step 440 and ¶0088 – “The terminal device 110 in the inactive state may receive 440 a paging message from a network device (for convenience, taking the first network device 120 as an example, but the last serving network device or any of neighboring network devices is possible), the paging message comprising an indication indicating that the MT-SDT is performed for the terminal device 110. As a result, the terminal device 110 may initiate 450 a RRC resume procedure for the MT-SDT”). 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. Claim 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20250142527 A1) in view of 3GPP (3GPP TSG-RAN WG3 Meeting #114-e, “DL non-SDT data and signaling arrival during SDT procedure”, Nov 2021). Regarding claim 1, Wang discloses a radio access network (RAN) node, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the RAN node to (Fig. 3 – second network device 130, which is known to comprise at least one processor and memory components for performing the procedure shown in Fig. 3): transmit a first RAN paging for mobile terminated (MT)-small data transmission (SDT) (Fig. 3 step 301 and ¶0069 – “when the second network device 130 determines that a RAN paging trigger event occurs, the second network device 130 may transmit 301 a RAN paging message (for convenience, also referred to as a first paging message herein) to the first network device 120 and other network devices (not shown) in the cells corresponding to the RNA. According to embodiments of the present disclosure, the RAN paging message comprises information on MT-SDT for the terminal device 110. In this way, the triggering of the MT-SDT may be implemented”). However, the reference is silent on details about (1) receiving downlink non-SDT data for a user equipment (UE) after transmitting the first RAN paging; and transmit information of non-SDT data arrival for transmitting the downlink non-SDT data. 3GPP discloses receive downlink non-SDT data for a user equipment (UE) after transmitting the first RAN paging; and transmit information of non-SDT data arrival for transmitting the downlink non-SDT data (Fig. 4 and page 4 last paragraph – page 5 first paragraph discloses receiving non-SDT DL data and transmit the non-SDT data to gNB for forwarding to UE in the scenario that the anchor gNB receiving non-SDT data without relocation procedure during SDT procedure). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Wang to incorporate non-SDT data signaling from 3GPP because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to provide ability to handle non-SDT data during SDT procedure. Regarding claim 8, the combined teaching of Wang and 3GPP discloses the RAN node of claim 1, wherein the MT-SDT is for signaling radio bearer (SRB), and the at least one processor is configured to cause the RAN node to: receive an indication indicating whether a signaling for the UE released into the RRC non-connected state is subject to SDT (Wang - Fig. 4 step 410 and ¶0086 – “the second network device 130 may transmit 410 a RRC release message to the terminal device 110 to instruct the terminal device 110 to enter into an inactive state. For example, the second network device 130 may configure which radio bearer supports the MT-SDT in RRC release message with suspendConfig. In some embodiments, the RRC release message may comprise a configuration of a set of radio bearers (for convenience, also referred to as a first set of radio bearers herein), and the set of radio bearers supports a MT-SDT”); and transmit the first RAN paging in the case that the signaling is indicated as being subject to SDT (Wang - Fig. 4 step 440 and ¶0088 – “the terminal device 110 in the inactive state may receive 440 a paging message from a network device (for convenience, taking the first network device 120 as an example, but the last serving network device or any of neighboring network devices is possible), the paging message comprising an indication indicating that the MT-SDT is performed for the terminal device 110. As a result, the terminal device 110 may initiate 450 a RRC resume procedure for the MT-SDT”). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20250142527 A1) in view of Wu (US 20240244700 A1). Regarding claim 19, Wang discloses the RAN node of claim 16, however, silent on further details of claim 19. Wu discloses a central unit (CU) control plane (CP) and a CU user plane (UP) coupled to the CU CP (Fig. 1B, Fig. 3A, and ¶0058 disclose base station comprising DU element coupled to CU elements). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Wang to incorporate known architecture of base station from Wu because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to utilize known architecture and interface. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20250142527 A1) in view of Wu (US 20240244700 A1) and 3GPP (3GPP TSG-RAN WG3 Meeting #114-e, “DL non-SDT data and signaling arrival during SDT procedure”, Nov 2021). Regarding claim 20, the combined teaching of Wang and Wu discloses the RAN node of claim 19, however, silent on further details of claim 20. 3GPP discloses wherein the CU UP transmits information indicating whether downlink data arrival is SDT data arrival or non-SDT data arrival to the CU CP in response to the downlink data arrival (page 4 – “Case 4: CU-CP and CU-UP separation case” in step 1 disclose gNB-CU-UP transmitting non-SDT data arrival to gNB-CU-CP). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Wang and Wu to incorporate non-SDT data signaling from 3GPP because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to provide ability to provide non-SDT data arrival indication. Allowable Subject Matter Claim 2-7, and 18 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. Claim 9-15 are allowable over prior art of record. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG HONG whose telephone number is (571)270-7928. The examiner can normally be reached on Monday-Friday from 8:00 am to 5:00 pm. 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, JINSONG HU, can be reached on (571) 272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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 (ECB) at 866-217-9197 (toll-free). /DUNG HONG/ Primary Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Oct 14, 2024
Application Filed
Sep 16, 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
84%
Grant Probability
98%
With Interview (+14.2%)
2y 5m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 791 resolved cases by this examiner. Grant probability derived from career allowance rate.

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