Prosecution Insights
Last updated: October 01, 2026
Application No. 18/857,618

CONTROL PROTOCOL FEEDBACK REPORT ENVELOPE

Non-Final OA §103
Filed
Oct 17, 2024
Priority
Jul 08, 2022 — nonprovisional of PCTCN2022104591
Examiner
WILLIAMS, ELTON S
Art Unit
Tech Center
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
348 granted / 443 resolved
+18.6% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
19 currently pending
Career history
465
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
61.6%
+21.6% vs TC avg
§102
18.8%
-21.2% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 443 resolved cases

Office Action

§103
DETAILED ACTION This office action is in response to the application filed on 10/17/2024 in which claims 1-30 are pending. 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(s) 1, 4-12, 14-18, 20-25, and 27-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al (US9826570B1) in view of Velev et al. (US20140016614A1). As to claims 1 and 18, Gupta teaches a user equipment (UE) for wireless communication, comprising: (col 8 lines 9-14 FIG. 2 is a functional block diagram of a wireless communication device 200 suitable for implementing various examples. The wireless communication device 200 may be the wireless communication device 110 as described with reference to FIG. 1.) a memory; (Col 9 lines 1-3 The memory 214 may include a non-transitory processor-readable storage medium that stores processor-executable instructions.) a modem; and (Col 9 lines 15-26 The general-purpose processor 206 and the memory 214 may each be coupled to baseband modem processor 216. The SIMs (e.g., the first SIM 204a, the second SIM 204b, and/or the like) in the wireless communication device 200 may be associated with at least one baseband-RF resource chain. A baseband-RF resource chain may include the baseband modem processor 216, which may perform baseband/modem functions for communications over the SIMs 204a and 204b. The baseband modem processor 216 may include or may be otherwise coupled to one or more amplifiers and radios, referred to generally herein as RF resource 218 or RF chain.) one or more processors, coupled to the memory, configured to: receive a downlink message at the modem of the UE; (col 9 lines 15-26 the baseband modem processor 216, which may perform baseband/modem functions for communications over the SIMs 204a and 204b.) provide the downlink message from the modem to a circuit card; (col 11 lines 17-23 IMS activity (e.g., VoLTE call, SMS, RCS, etc.) is being performed at the IMS subscription (e.g., associated with the first SIM 204a),) But does not specifically teach: transmit, from the modem, relay protocol (RP) feedback for the downlink message based on a response from the circuit card; and provide a control protocol (CP) feedback report envelope that indicates a CP feedback status. However Velev teaches transmit, relay protocol (RP) feedback for the downlink message based on a response; and ([0503] Alternative 1 as depicted in FIG. 17 is as follows. Independent from the radio resource release timer and probably previous to its expiry, the reception of the MT SMS is acknowledged by the UE. This may include the transmission of a CP-Ack and an RP-Ack (within a CP-Data CPDU).) provide a control protocol (CP) feedback report envelope that indicates a CP feedback status. ([0503] As apparent from FIG. 17, the RP-Ack, transmitted encapsulated within a CP-Data CPDU is in turn acknowledged by the MME with a CP-Ack.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 4 and 20, Gupta in view of Velev teaches the UE of claim 1, wherein the CP feedback status indicates an acknowledgement based on receiving a CP acknowledgement (CP-ACK) at the modem. (Velev [0503] As apparent from FIG. 17, the RP-Ack, transmitted encapsulated within a CP-Data CPDU is in turn acknowledged by the MME with a CP-Ack.) It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 5 and 21, Gupta in view of Velev teaches the UE of claim 4, wherein the one or more processors are configured to: receive, at the modem, a proactive command from the circuit card; and transmit, from the modem, RP data based on the proactive command. (Velev [0501] After the timer is started, the UE regularly checks whether any data is to be transmitted in the uplink. When assuming the SMS includes a trigger for uplink data transmission (either via SMS or differently), the UE would abort the timer and thus not proceed to release the radio resources (not shown in FIG. 17). Instead, the UE would send the uplink data e.g. in an MO SMS to the SM-SC, without having to re-establish the radio resources.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 6 and 22, Gupta in view of Velev teaches the UE of claim 5, wherein the one or more processors are configured to receive, at the modem, an RP acknowledgement (RP-ACK) or an RP error. (Velev [0503] As apparent from FIG. 17, the RP-Ack, transmitted encapsulated within a CP-Data CPDU is in turn acknowledged by the MME with a CP-Ack. [0049] The MT-SMS itself is encapsulated in the RP-DATA RPDU, and the corresponding Acknowledgement or Error messages are called RP-ACK or RP-ERROR. Consequently, there are three kinds of RPUDs.[0052] The PDUs exchanged at this sublayer are called CPDUs, which can be one of CP-DATA, CP-ACK and CP-ERROR.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 7 and 23, Gupta in view of Velev teaches the UE of claim 6, wherein the one or more processors are configured to provide, to the circuit card, feedback for the RP data. (Velev [0503] As apparent from FIG. 17, the RP-Ack, transmitted encapsulated within a CP-Data CPDU is in turn acknowledged by the MME with a CP-Ack.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 8 and 24, Gupta in view of Velev teaches the UE of claim 1, wherein the CP feedback status indicates a negative acknowledgement based on not receiving a CP acknowledgement (CP-ACK). (Velev [0049] The Packet Data Units (PDU) of the SM-RL layer are called RPDU (Relay Layer PDU). The MT-SMS itself is encapsulated in the RP-DATA RPDU, and the corresponding Acknowledgement or Error messages are called RP-ACK or RP-ERROR. Consequently, there are three kinds of RPUDs. [0052] The PDUs exchanged at this sublayer are called CPDUs, which can be one of CP-DATA, CP-ACK and CP-ERROR.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 9 and 21, Gupta in view of Velev teaches the UE of claim 8, wherein the one or more processors are configured to: receive, at the modem, a proactive command from the circuit card; and transmit, from the modem, RP data based on the proactive command. (Velev [0501] After the timer is started, the UE regularly checks whether any data is to be transmitted in the uplink. When assuming the SMS includes a trigger for uplink data transmission (either via SMS or differently), the UE would abort the timer and thus not proceed to release the radio resources (not shown in FIG. 17). Instead, the UE would send the uplink data e.g. in an MO SMS to the SM-SC, without having to re-establish the radio resources.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 10 and 25, Gupta teaches a circuit card for wireless communication, comprising: (col 8 lines 9-14 FIG. 2 is a functional block diagram of a wireless communication device 200 suitable for implementing various examples. The wireless communication device 200 may be the wireless communication device 110 as described with reference to FIG. 1.) a memory; and (Col 9 lines 1-3 The memory 214 may include a non-transitory processor-readable storage medium that stores processor-executable instructions.) one or more processors, coupled to the memory, configured to: (Col 9 lines 15-26 The general-purpose processor 206 and the memory 214 may each be coupled to baseband modem processor 216. The SIMs (e.g., the first SIM 204a, the second SIM 204b, and/or the like) in the wireless communication device 200 may be associated with at least one baseband-RF resource chain. A baseband-RF resource chain may include the baseband modem processor 216, which may perform baseband/modem functions for communications over the SIMs 204a and 204b. The baseband modem processor 216 may include or may be otherwise coupled to one or more amplifiers and radios, referred to generally herein as RF resource 218 or RF chain.) receive a downlink message from a modem of a user equipment (UE); (col 9 lines 15-26 the baseband modem processor 216, which may perform baseband/modem functions for communications over the SIMs 204a and 204b.) provide a response for the downlink message to the modem; (col 11 lines 17-23 IMS activity (e.g., VoLTE call, SMS, RCS, etc.) is being performed at the IMS subscription (e.g., associated with the first SIM 204a),) But does not specifically teach: wait for a control protocol (CP) feedback report envelope that indicates a CP feedback status; and provide a proactive command based on the CP feedback status. However Velev teaches wait for a control protocol (CP) feedback report envelope that indicates a CP feedback status; and ([0503] Alternative 1 as depicted in FIG. 17 is as follows. Independent from the radio resource release timer and probably previous to its expiry, the reception of the MT SMS is acknowledged by the UE. This may include the transmission of a CP-Ack and an RP-Ack (within a CP-Data CPDU).) ([0503] As apparent from FIG. 17, the RP-Ack, transmitted encapsulated within a CP-Data CPDU is in turn acknowledged by the MME with a CP-Ack.) provide a proactive command based on the CP feedback status. ([0501] After the timer is started, the UE regularly checks whether any data is to be transmitted in the uplink. When assuming the SMS includes a trigger for uplink data transmission (either via SMS or differently), the UE would abort the timer and thus not proceed to release the radio resources (not shown in FIG. 17). Instead, the UE would send the uplink data e.g. in an MO SMS to the SM-SC, without having to re-establish the radio resources.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claim 11, Gupta in view of Velev teaches the circuit card of claim 10, wherein the circuit card is a universal integrated circuit card. (Gupta col 8 lines 24-32 A SIM (e.g., the first SIM 204a, the second SIM 204b, or the like) in various examples may be a Universal Integrated Circuit Card (UICC) that is configured with SIM and/or Universal SIM (USIM) applications, enabling access to GSM and/or UMTS networks. The UICC may also provide storage for a phone book and other applications. Alternatively, in a CDMA network, a SIM may be a UICC removable user identity module (R-UIM) or a CDMA Subscriber Identity Module (CSIM) on a card) As to claim 12, Gupta in view of Velev teaches the circuit card of claim 10, wherein the circuit card is a physical subscriber identity module (SIM) or an embedded SIM. (Gupta col 8 lines 24-32 A SIM (e.g., the first SIM 204a, the second SIM 204b, or the like) in various examples may be a Universal Integrated Circuit Card (UICC) that is configured with SIM and/or Universal SIM (USIM) applications, enabling access to GSM and/or UMTS networks. The UICC may also provide storage for a phone book and other applications. Alternatively, in a CDMA network, a SIM may be a UICC removable user identity module (R-UIM) or a CDMA Subscriber Identity Module (CSIM) on a card) As to claims 14 and 27, Gupta in view Velev teaches the circuit card of claim 10, wherein the CP feedback status indicates an acknowledgement. (Velev [0503] As apparent from FIG. 17, the RP-Ack, transmitted encapsulated within a CP-Data CPDU is in turn acknowledged by the MME with a CP-Ack.) It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 15 and 28, Gupta in view of Velev teaches the circuit card of claim 14, wherein the one or more processors are configured to transmit a proactive command to the modem based on the CP feedback status indicating an acknowledgement. ([0501] After the timer is started, the UE regularly checks whether any data is to be transmitted in the uplink. When assuming the SMS includes a trigger for uplink data transmission (either via SMS or differently), the UE would abort the timer and thus not proceed to release the radio resources (not shown in FIG. 17). Instead, the UE would send the uplink data e.g. in an MO SMS to the SM-SC, without having to re-establish the radio resources.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. As to claims 16 and 29, Gupta in view of Velev teaches the circuit card of claim 15, wherein the one or more processors are configured to receive, from the modem, feedback for an RP data transmission associated with the proactive command. (Velev [0059] FIG. 16 illustrates in a more comprehensive way the signalling diagrams of FIG. 14 and FIG. 15 for the MO and MT SMS. Specifically, in the upper part the signalling procedure for the MO SMS is depicted; in the lower part, the one for MT SMS.) As to claims 17 and 30, Gupta in view of Velev teaches the circuit card of claim 10, wherein the CP feedback status indicates a negative acknowledgement. (Velev [0049] The Packet Data Units (PDU) of the SM-RL layer are called RPDU (Relay Layer PDU). The MT-SMS itself is encapsulated in the RP-DATA RPDU, and the corresponding Acknowledgement or Error messages are called RP-ACK or RP-ERROR. Consequently, there are three kinds of RPUDs. [0052] The PDUs exchanged at this sublayer are called CPDUs, which can be one of CP-DATA, CP-ACK and CP-ERROR.) The combination of Gupta with Velev means communications with the SIM using SMS would be processed by the baseband/modem processor of Gupta. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the wireless SMS device of Gupta with the SMS method of Velev in order to improve controlling the radio resource release in connection with a mobile node that is exchanging SMS (e.g. with MTC small data) with the core network using the particular radio resources to be released. Claim(s) 2, 3, 13, 19, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gupta in view of Velev as applied to claims 1, 10, 18, and 25, above, and further in view of 3GPP TS.24.011 v17.2.0 (2022-06); hereinafter; “3GPP.” As to claims 2 and 19, Gupta in view of Velev teaches the UE of claim 1, But does not specifically teach: wherein the CP feedback report envelope includes a tag that indicates that the CP feedback report envelope is for CP feedback reporting. However 3GPP teaches wherein the CP feedback report envelope includes a tag that indicates that the CP feedback report envelope is for CP feedback reporting. (section 7.2.2 CP-ACK shows a table 7.2 that contains a message type information element section 8.1.3 message type in table 8.1 shows if a message is for ACK, error , or data.) It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to understand that a CP message would contain a tag for its message type based on the table from 3GPP in order to identify the function of the message being sent. As to claim 3, Gupta in view of Velev teaches the UE of claim 1, But does not specifically teach: wherein the CP feedback report envelope includes one or more of a length value or a device identity. However 3GPP teaches wherein the CP feedback report envelope includes one or more of a length value or a device identity. (section 7.2.2 CP-ACK shows a table 7.2 that contains a message type information element with a length value and section 8.1.3 message type in table 8.1 shows if a message is for ACK, error , or data. Section 8.2.5 shows originator and destination address element identifying the network or mobile station) It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to understand that a CP message would contain a length or id for its message based on the table from 3GPP in order to identify the length and destination or source of the message being sent. As to claims 13 and 26, Gupta in view of Velev teaches the circuit card of claim 10, But does not specifically teach: wherein the CP feedback report envelope includes a tag that indicates that the CP feedback report envelope is for CP feedback reporting. However 3GPP teaches wherein the CP feedback report envelope includes a tag that indicates that the CP feedback report envelope is for CP feedback reporting. (section 7.2.2 CP-ACK shows a table 7.2 that contains a message type information element section 8.1.3 message type in table 8.1 shows if a message is for ACK, error , or data.) It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to understand that a CP message would contain a tag for its message type based on the table from 3GPP in order to identify the function of the message being sent. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELTON S WILLIAMS whose telephone number is (571)272-9933. The examiner can normally be reached 8-4 Mon-Fri. 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, Gary Mui can be reached at (571) 270-1420. 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. /Elton Williams/Examiner, Art Unit 2465
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Prosecution Timeline

Oct 17, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
86%
With Interview (+7.9%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 443 resolved cases by this examiner. Grant probability derived from career allowance rate.

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