Prosecution Insights
Last updated: October 23, 2026
Application No. 18/870,040

METHOD AND DEVICE FOR DETERMINING SIZE OF BUFFER OF DATA LINK LAYER L2

Non-Final OA §102§103
Filed
Nov 27, 2024
Priority
Jun 02, 2022 — nonprovisional of PCTCN2022097013
Examiner
SMITH, MARCUS
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
442 granted / 570 resolved
+19.5% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
7 currently pending
Career history
580
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
46.1%
+6.1% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 570 resolved cases

Office Action

§102 §103
DETAILED ACTION 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)(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 10-12, 14-17, 21, and 25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ding et al. (US 2024/0107361). With regard to claim 10, Ding teaches: A method for determining a size of a buffer of a data link layer L2, performed by a network device (See figure 8), the method comprising: determining a maximum frequency resource occupied by a data channel corresponding to a terminal device (see paragraphs 291-297 and steps 810-820 in figure 8: service feature is associate with different maximum (UL/DL rate) and frequency bands. Also see paragraphs 301-310: see figure 9); and transmitting a transport block to the terminal device (see paragraphs 315 and steps 840) based on the maximum frequency resource and according to a parameter of the buffer of the data link laver L2 of the terminal device (see paragraphs 300-305 and steps 830), wherein the size of the buffer of the data link laver L2 of the terminal device is determined by the maximum frequency resource (paragraphs 162-163, and 310-315). PNG media_image1.png 369 560 media_image1.png Greyscale With regard to claim 11, Ding teaches: wherein the maximum frequency resource comprises a first maximum frequency resource occupiable by a PDSCH; and transmitting the transport block to the terminal device based on the maximum frequency resource and according to the parameter of the buffer of the data link laver L2 of the terminal device comprises: determining a maximum downlink transmission rate based on the first maximum frequency resource; and transmitting the transport block to the terminal device based on the maximum downlink transmission rate and according to the parameter of the buffer of the data link laver L2 of the terminal device (paragraphs 302-315); or the maximum frequency resource occupied by the data channel is no greater than a maximum bandwidth of a bandwidth part (BWP) supported by the terminal device (paragraphs 374-382: see figure 11). With regard to claim 12, Ding teaches: wherein the maximum frequency resource is a maximum number of physical resource blocks (PRBs) occupiable by the data channel (see paragraphs 148-175: see equations). With regard to claim 14, Ding teaches: wherein determining the maximum downlink transmission rate based on the first maximum frequency resource comprises: receiving a relevant transmission parameter transmitted from the terminal device that affects the transmission rates; and determining one of the transmission rates according to the relevant transmission parameter and the maximum number of the PRBs (paragraphs 193 and 302-315). With regard to claim 15, Ding teaches: wherein the relevant transmission parameter comprises at least one of the following: a maximum number of transmission layers of multiple input multiple output (MIMO) supported by the terminal device; a maximum modulation and demodulation sequence supported by the terminal device; signaling overhead of the terminal device; or a scaling factor of the terminal device (paragraphs 193 and 302-315 [0193] FIG. 2 is a schematic diagram of an example in which a hardware capability and a baseband capability of a terminal device of an eMBB service and an AR or VR service are decoupled. It should be noted that, a baseband capability of an eMBB terminal device is related to a baseband processing delay such as a data packet size, an uplink and downlink L2 buffer size, and a hybrid automatic repeat request (hybrid automatic repeat request, HARQ) soft buffer size; and a hardware capability is related to a parameter such as a frequency band combination, bandwidth, a maximum modulation order, a maximum quantity of layers, a maximum bit rate, and a bandwidth scale factor. A baseband capability of an AR or VR terminal device is related to a baseband processing delay such as a data packet size, an uplink and downlink L2 buffer size, and a HARQ soft buffer size. A hardware capability is related to a parameter such as a frequency band combination, bandwidth, a maximum modulation order, a maximum quantity of layers, a maximum bit rate, and a bandwidth scale factor. ). With regard to claim 16, Ding teaches: wherein determining the maximum downlink transmission rate based on the first maximum frequency resource comprises: obtaining a round trip time between the network device and the terminal device; and obtaining a corrected maximum downlink transmission rate by correcting the maximum downlink transmission rate based on the round trip time (paragraphs 182-187) With regard to claim 17, Ding teaches: wherein obtaining the round trip time between the terminal device and the network device comprises: determining a device type of the terminal device; determining a mapping relationship between a candidate sub-carrier space (SCS) and a candidate round trip time based on the device type; and determining the round trip time between the network device and the terminal device by querying the mapping relationship based on the SCS supported by the terminal device (paragraphs 124, 178, 181-187 and 232-234) With regard to claim 21, Ding teaches: A communication device, comprising: one or more processors; and a memory that stores a computer program, wherein the one or more processors execute the computer program stored in the memory to cause the communication device to perform the method according to claim 10 (paragraphs 451-456). With regard to claim 25, Ding teaches: A non-transitory computer-readable storage medium storing instructions, wherein the instructions, when executed by one or more processors, the one or more processors implement the method according to claim 10 (paragraphs 451-456). 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. Claims 1-9, 20 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Ding et al. (US 2024/0107361) in view of Meylan et al. (US 2021/0235465). With regard to claims 1 and 20, Ding teaches: A method (see figure 4) for determining a size of a buffer of a data link layer L2, performed by a terminal device, the method comprising: determining a maximum frequency resource occupiable by a data channel corresponding to the terminal device (paragraphs 208-212: see step 410 in figure 4); and PNG media_image2.png 805 560 media_image2.png Greyscale Although Ding teaches terminal device can send data packet size (paragraph 258) to the network device determines a layer buffer 2 size based on service feature (see figure 8), but Ding does not explicitly state the terminal device can perform the step of determining the size of the buffer of the data link layer L2 in the terminal device based on the maximum frequency resource. Similar to the system of Ding, Meylan teaches network device that determines size capability information and scheduling resources based on size information (see steps 325-330 in figure 3: paragraphs 108-110). Before the network device determines size capability, Meylan teaches terminal also determines UE buffer size capability (see steps 310-315 in figure 3: paragraphs 105-107). 0105] At 310, the UE 115-b may identify a size capability for a buffer associated with a protocol layer of the UE 115-b. In some examples, the buffer is a layer two buffer and the protocol layer is a layer two protocol layer, where the protocol layer is above a physical layer and below a radio resource control layer. In some examples, the protocol layer is associated with one or more of a packet data convergence control layer, or an RLC layer, or a MAC layer. The layer two buffer may be associated with a transmit operation, or a receive operation, or a combination thereof. In some cases, the size capability may be pre-configured at the UE 115-b. In some cases, the UE 115-b may determine the size capability based on the operational mode of the UE 115-b. [0106] At 315, the UE 115-b may determine an indication of the size capability of the buffer. In one example, the indication of the size capability may be a UE capability indication (e.g., parameters UE_buf_capability_DC and/or UE_buf_capability) as described with reference to FIG. 2. Since Meylan’s buffer size is associated MAC layer (layer 2), it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to perform the step of determining the size of the buffer of the data link layer L2 in the terminal device based on the maximum frequency resource(operation mode) in the terminal device as taught by Meylan in the capability exchange process of Ding in order to increase efficiency in wireless communication (Meylan: paragraph 119). PNG media_image3.png 714 443 media_image3.png Greyscale With regard to claim 2, Ding teaches: wherein after determining the size of the buffer of the data link laver L2 in the terminal device, the method further comprises: receiving a transport block transmitted from a network device (paragraphs 236, 280, and 315); and caching the transport block into the buffer according to the size of the buffer (paragraphs 216, 276, 280, and 455: [0276] S550: The network device performs resource scheduling on the terminal device based on a data packet arrival period (for example, a data packet arrival period P.sub.UL of an uplink periodic service of the terminal device and a data packet arrival period P.sub.DL of a downlink periodic service of the terminal device) and a data packet size. [0277] In a possible implementation, for a terminal device shown in FIG. 6, different frequency bands and different systems share a baseband computing resource, and uplink and downlink have independent baseband computing resources; or different frequency bands, different systems, and uplink and downlink share a storage resource. The network device needs to meet the following constraint conditions for both uplink transmission and downlink transmission. [0280] To enable scheduling performed by the network device on the terminal device conforms to a downlink layer 2 buffer storage capability of the terminal device, that is, not exceeding a baseband storage capability of the terminal device, it is assumed that a downlink layer 2 buffer size corresponding to downlink transmission of the terminal device should be F.sub.totalDL. For example, when the terminal device receives scheduling signaling of a PDSCH, if TotalData.sub.DL<F.sub.totalDL, the terminal device does not process the PDSCH scheduling. ). With regard to claim 3, Ding teaches: wherein the maximum frequency resource comprises a first maximum frequency resource occupiable by a physical downlink shared channel (PDSCH) and a second maximum frequency resource occupiable by a physical uplink shared channel (PUSCH); and determining the size of the buffer of the data link laver L2 based on the maximum frequency resource comprises: determining a maximum downlink transmission rate based on the first maximum frequency resource; determining a maximum uplink transmission rate based on the second maximum frequency resource; and determining the size of the buffer of the data link laver L2 based on the maximum downlink transmission rate and the maximum uplink transmission rate (see paragraphs 303-315). With regard to claim 4, Ding teaches: wherein the maximum frequency resource is a maximum number of physical resource blocks (PRBs) occupiable by the data channel (see paragraphs 148-175: see equations). With regard to claim 5, Ding teaches: wherein the maximum frequency resource occupied by the data channel is no greater than a maximum bandwidth of a bandwidth part (BWP) configured for the terminal device (paragraphs 374-382: see figure 11). With regard to claim 6, Ding teaches: wherein determining the size of the buffer of the data link layer L2 based on the maximum downlink transmission rate and the maximum uplink transmission rate comprises: obtaining a round trip time between the terminal device and [[the]]a network device; obtaining a corrected maximum downlink transmission rate and a corrected maximum uplink transmission rate by correcting the maximum downlink transmission rate and the maximum uplink transmission rate respectively based on the round trip time; and determining the size of the buffer of the data link laver L2 based on the corrected maximum downlink transmission rate and the corrected maximum uplink transmission rate (paragraphs 124, 178, 181-187 and 232-234) With regard to claim 7, Ding teaches: wherein obtaining the round trip time between the terminal device and the network device comprises: determining a device type of the terminal device; determining a mapping relationship between a candidate sub-carrier space (SCS) and a candidate round trip time based on the device type; and determining the round trip time between the terminal device and the network device by querying the mapping relationship based on the SCS supported by the terminal device (paragraphs 124, 178, 181-187 and 232-234) With regard to claim 8, Ding teaches: wherein a determining process of one of the maximum downlink transmission rate and the maximum uplink transmission rate comprises: obtaining a relevant transmission parameter of the terminal device that affects the transmission rate; and determining one of the transmission rates according to the relevant transmission parameter and the maximum number of the PRBs (paragraphs 193 and 302-315). With regard to claim 9, Ding teaches: wherein the relevant transmission parameter comprises at least one of: a maximum number of transmission layers of multiple input multiple output (MIMO) supported by the terminal device; a maximum modulation and demodulation sequence supported by the terminal device; signaling overhead of the terminal device; or a scaling factor of the terminal device (paragraphs 193 and 302-315). With regard to claim 24, Ding teaches: A non-transitory computer-readable storage medium storing instructions, wherein the instructions, when executed by one or more processors, the one or more processors implement the method according to claim 1 (paragraphs 451-456). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Feltrin et al. (US 2023/0379905, see figure 13) Chen et al. (US 2022/0060276, see figures 3A-3C) Kim et al. (US 2019/0394000, see figure 6) Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS R SMITH whose telephone number is (571)270-1096. The examiner can normally be reached Monday-Friday 9:00 AM -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, Deborah J Reynolds can be reached at (571) 272-0734. 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. /MARCUS SMITH/ Supervisory Patent Examiner, Art Unit 2468
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Prosecution Timeline

Nov 27, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
89%
With Interview (+11.4%)
3y 3m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 570 resolved cases by this examiner. Grant probability derived from career allowance rate.

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