Prosecution Insights
Last updated: July 17, 2026
Application No. 18/885,571

METHOD AND DEVICE USED IN COMMUNICATION NODE FOR WIRELESS COMMUNICATION

Non-Final OA §103
Filed
Sep 14, 2024
Priority
Mar 18, 2022 — CN 202210273378.3 +1 more
Examiner
MOREAU, AUSTIN J
Art Unit
Tech Center
Assignee
Apogee Networks LLC
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
273 granted / 351 resolved
+17.8% vs TC avg
Strong +28% interview lift
Without
With
+27.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
24 currently pending
Career history
373
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
91.1%
+51.1% vs TC avg
§102
2.2%
-37.8% vs TC avg
§112
1.6%
-38.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 351 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. This action is in response to communications filed on 9/14/2024. Claims 1-20 have been examined and are rejected. Priority This application is a continuation of PCT/CN2023/081919, and claims foreign priority to CN202210273378.3 filed 3/18/2022. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/9/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 of this title, 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng et al. (US 2023/0180223 A1) in view of Tsai et al. (US 2023/0122493 A1). With regard to Claim 1, Tseng teaches: A first node for wireless communications, comprising: a first receiver, receiving a first message, the first message indicating a target radio bearer set, the first message being used to determine to enter or to maintain RRC inactive state; (UE receives an RRC Release message with suspend configuration while the UE is in an RRC_CONNECTED state [Tseng: 0113; 0137; 0165], wherein a set of radio bearer configurations used for the RRC_INACTIVE state may be configured via an RRC release (e.g., with the information element ‘suspendconfig’) message [Tseng: 0149]); and as a response to the first message being received, determining whether to perform a first action set at least according to whether a first condition set is satisfied, the first action set including suspending a first radio bearer; (at the UE side, the radio bearer configuration associated with the RRC_INACTIVE state may be stored by the UE in the UE Inactive AS context, and the UE may re-configure the radio bearers (or RLC bearers/logical channels) by applying the radio bearer configurations stored in the UE inactive AS context [Tseng: 0149-50], wherein for the active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure, the UE may suspend these radio bearers/logical channels as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Examiner notes that the first condition is satisfied if a bearer is not configured for SDT); wherein the target radio bearer set includes at least one radio bearer, and the first radio bearer is one radio bearer in the target radio bearer set; (the suspended radio bearers are associated with the UE inactive AS context configured via the RRC release (e.g., with the information element ‘suspendconfig’) message [Tseng: 0076-77; 0149]); a condition in the first condition set being used to determine whether to maintain a state of the first radio bearer; (performing a UE context update in a second message which may include the configuration of radio bearers to initiate a small data transmission procedure, wherein one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state, and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s) [Tseng: 0076-77]); the action of determining whether to perform a first action set at least according to whether a first condition set is satisfied includes: performing the first action set if the first condition set is satisfied; and the first action set being not performed if at least one condition in the first condition set is not satisfied; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Examiner notes that the condition set of Tseng is therefore satisfied when a bearer is not configured as an SDT bearer). However, Tseng does not teach (where underlining indicates the portion of each limitation not taught): a condition in the first condition set is related to a second message, the second message being used to determine whether to maintain a state of the first radio bearer. In a similar field of endeavor involving maintaining radio bearers for small data transmission, Tsai discloses: a condition in the first condition set is related to a second message, the second message being used to determine whether to maintain a state of the first radio bearer; (the UE receives a RRC release message (and/or a suspend configuration message) comprising an sdt-Config information element, wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]. Examiner notes the condition is satisfied when RRC release does not include sdt-Config and the bearers are subsequently suspended, and the condition is not satisfied when RRC release does include sdt-Config and the specified bearers are maintained for SDT transfer). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tseng in view of Tsai in order to relate the condition in the first condition set to a second message which is used to determine whether to maintain a state of the first radio bearer in the system of Tseng. One of ordinary skill in the art would have been motivated to combine Tseng with Tsai as doing so would provide an information element (sdt-DRBList) dedicated for identifying the data radio bearers that are configured by the network for small data transmission. With regard to Claim 2, Tseng-Tsai teaches: The first node according to claim 1, characterized in that the first message is a suspendConfig field in an RRCRelease message; the first message comprises suspendConfig being used to determine to enter or to maintain RRC inactive state; the RRC inactive state is RRC_INACTIVE state; (a set of radio bearer configurations used for the RRC_INACTIVE state may be configured via an RRC release (e.g., with the information element ‘suspendconfig’) message [Tseng: 0149-50]. Tsai teaches if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0161]). With regard to Claim 3, Tseng-Tsai teaches: The first node according to claim 1, characterized in that the first message includes an index of each radio bearer in the target radio bearer set; (the suspended and maintained radio bearers are associated with the UE inactive AS context configured via the RRC release (e.g., with the information element ‘suspendconfig’) message [Tseng: 0076-77; 0149]. Tsai teaches if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0161]. Examiner notes that the bearers must necessarily be identified/indexed in the sdt-DRBList). With regard to Claim 4, Tseng-Tsai teaches: The first node according to claim 1, characterized in that the target radio bearer set includes at least one of Q1 DRBs, or Q2 multicast MRBs, or an SRB2; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state, and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s) [Tseng: 0076-77]. Tsai teaches DRBs, SRB1, and SRB2 may be configured for SDT [Tsai: 0161]). With regard to Claim 5, Tseng-Tsai teaches: The first node according to claim 1, characterized in that the target radio bearer set includes multiple radio bearers; the first radio bearer is any radio bearer in the target radio bearer set; (the suspended radio bearers are associated with the UE inactive AS context configured via the RRC release (e.g., with the information element ‘suspendconfig’) message [Tseng: 0076-77; 0149]). With regard to Claim 6, Tseng-Tsai teaches: The first node according to claim 1, characterized in that each radio bearer in the target radio bearer set is one of a DRB, an MRB or an SRB2; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state, and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s) [Tseng: 0076-77]. Tsai teaches DRBs, SRB1, and SRB2 may be configured for SDT [Tsai: 0161]). With regard to Claim 7, Tseng-Tsai teaches: The first node according to claim 1, characterized in that the second message is a field in the first message; a condition in the first condition set is related to a format of the second message, and/or, a condition in the first condition set is related to content of the second message; (a set of radio bearer configurations used for the RRC_INACTIVE state may be configured via an RRC release (e.g., with the information element ‘suspendconfig’) message [Tseng: 0149]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config (i.e. a field in the first message), the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]). With regard to Claim 8, Tseng-Tsai teaches: The first node according to claim 1, characterized in that a condition in the first condition set is related to whether the first message includes the second message; as a response to the first message being received, the first condition set is satisfied if the first message does not include the second message; as a response to the first message being received, the first condition is not satisfied if the first message includes the second message; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]. Examiner notes that the condition set of Tseng is therefore satisfied when a bearer is not configured as an SDT bearer, wherein Tsai teaches a data radio bearer (DRB) is not configured as an SDT bearer when suspendConfig does not include sdt-Config). With regard to Claim 9, Tseng-Tsai teaches: The first node according to claim 1, characterized in that the second message indicates whether to maintain a state of each radio bearer in the target radio bearer set; the second message is a part of the first message; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]). With regard to Claim 10, Tseng-Tsai teaches: The first node according to claim 9, characterized in that the phrase that the second message indicates whether to maintain a state of each radio bearer in the target radio bearer set includes: the second message being used to determine a target radio bearer subset in the target radio bearer set, each radio bearer in the target radio bearer subset being maintained, and any radio bearer in the target radio bearer set other than the target radio bearer subset being not maintained; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]). With regard to Claim 11, Tseng-Tsai teaches: The first node according to claim 9, characterized in that as a response to the first message being received, if the first condition set is satisfied, suspending all radio bearers in the target radio bearer set; if at least one condition in the first condition set is not satisfied, maintaining all radio bearers in a target radio bearer subset, and suspending all radio bearers in the target radio bearer set other than the radio bearers in the target radio bearer subset; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]). With regard to Claim 12, Tseng-Tsai teaches: The first node according to claim 9, characterized in that if the target radio bearer subset does not include any radio bearer, the first condition set is satisfied; if the target radio bearer subset includes at least one radio bearer, the first condition set is not satisfied; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]. Examiner notes that any bearers included in the sdt-DRBList will be maintained, and if no bearers are included in the sdt-DRBList then all bearers will be suspended). With regard to Claim 13, Tseng-Tsai teaches: The first node according to claim 9, characterized in that the second message can indicate maintaining of state(s) of at least one radio bearer in the target radio bearer set; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]. Examiner notes that any bearers included in the sdt-DRBList will be maintained). With regard to Claim 14, Tseng-Tsai teaches: The first node according to claim 1, characterized in comprising: the first receiver, maintaining the state of the first radio bearer as a response to receiving the first message if at least one condition in the first condition set is not satisfied; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]. Examiner notes that any bearers included in the sdt-DRBList will be maintained). With regard to Claim 15, Tseng-Tsai teaches: The first node according to claim 14, characterized in that the action of maintaining the state of the first radio bearer includes: not suspending the first radio bearer if the first radio bearer is not suspended upon reception of the first message; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tsai teaches The SDT configurations may be configured via an RRC release message (and/or via a suspend configuration message), wherein if the suspendConfig includes sdt-Config, the UE may consider the DRB to be configured for SDT for each of the DRBs included in the sdt-DRBList [Tsai: 0051; 0161]. Examiner notes that any bearers included in the sdt-DRBList will be maintained). With regard to Claim 16, Tseng-Tsai teaches: The first node according to claim 1, characterized in comprising: the first receiver, performing a second action set as a response to the first message being received; wherein the action of performing the second action set is independent of whether the first condition set is satisfied; the second action set includes suspending at least a second radio bearer, the second radio bearer being not indicated by the first message; (the UE may store the UE Inactive AS context and transition from RRC_CONNECTED state to RRC_INACTIVE state when receiving an RRC Suspend (or RRC Release with Suspend) message [Tseng: 0046; 0050]. Tsai teaches when the UE receives an RRC release message (e.g., with suspend configuration), the UE may: reset a MAC entity, suspend SRBs and DRBs except SRB0 [Tsai: 0219-22], and stop a timer [Tsai: 0064]). With regard to Claim 17, Tseng-Tsai teaches: The first node according to claim 16, characterized in that an action in the second action set includes: if a T320 is running, stopping the T320; and/or, an action in the second action set includes: if a T316 is running, stopping the T316; and/or, an action in the second action set includes: entering RRC inactive state; and/or, the second action set includes resetting MAC; (the UE may store the UE Inactive AS context and transition from RRC_CONNECTED state to RRC_INACTIVE state when receiving an RRC Suspend (or RRC Release with Suspend) message [Tseng: 0046; 0050]. Tsai teaches when the UE receives an RRC release message (e.g., with suspend configuration), the UE may: reset a MAC entity, suspend SRBs and DRBs except SRB0 [Tsai: 0219-22], and stop a timer [Tsai: 0064]). With regard to Claim 18, Tseng-Tsai teaches: The first node according to claim 16, characterized in that if at least one condition in the first condition set is not satisfied, the second action set is performed as a response to receiving the first message; if the first condition set is satisfied, as a response to receiving the first message, the first action set is performed and the second action set is performed; (one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained/activated in the RRC_INACTIVE state and small data transmission may take place on a DRB(s) and/or an SRB(s) associated with the concerned service(s), while active radio bearers/logical channels which are not enabled/configured to initiate small data transmission procedure may be suspended by the UE as part of the UE Inactive AS context after the UE moves to RRC_INACTIVE state [Tseng: 0076-77]. Tseng further teaches the UE may store the UE Inactive AS context and transition from RRC_CONNECTED state to RRC_INACTIVE state when receiving an RRC Suspend (or RRC Release with Suspend) message [Tseng: 0046; 0050]. Tsai teaches when the UE receives an RRC release message (e.g., with suspend configuration), the UE may: reset a MAC entity, suspend SRBs and DRBs except SRB0 [Tsai: 0219-22], and stop a timer [Tsai: 0064]). With regard to Claims 19-20, they appear substantially similar to the limitations recited by claim 1 and consequently do not appear to teach or further define over the citations provided for said claim. Accordingly, claims 19-20 are rejected for the same reasons as set forth in claim 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kim et al. (US 2024/0407049 A1) which teaches a wireless device receives, from a base station, an RRC release message comprising a suspend configuration comprising a configuration for an SDT procedure indicating one or more radio bearers configured for the SDT procedure. The wireless device transitions to an RRC inactive state, receives, from the base station, a SIB comprising a timer value of a SDT timer for transitioning the wireless device to an RRC idle state, determines one or more conditions, for initiating the SDT procedure, being fulfilled, and transmits an RRC resume request message and starts the SDT timer [abstract]. Gupta et al. (US 2023/0040675 A1) which teaches receiving configuration information that can indicate the number of SRBs and DRBs to be suspended (and/or to be terminated), causing the UE to transition to the RRC_INACTIVE state, suspends the indicated number of SRBs and DRBs, terminates the remaining ones (except for SRB0 that is kept in an active state), and stores a definition for qualifying information for SDT and for the priority of SDT [0055]. Tsai et al. (US 2021/0337625 A1) which teaches one or more specific RBs (e.g., DRBs and/or SRBs) may be maintained in the RRC_INACTIVE state, and small data transmission may take place on a DRB(s) and/or a SRB(s) associated with the concerned service [0076]. In the case of amendments, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and support, for ascertaining the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUSTIN J MOREAU whose telephone number is (571) 272-5179. The examiner can normally be reached Monday-Friday 9:00 - 6:00 ET. 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, Brian Gillis can be reached on 571-272-7952. 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. /AUSTIN J MOREAU/Primary Examiner, Art Unit 2446
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Prosecution Timeline

Sep 14, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+27.9%)
2y 8m (~10m remaining)
Median Time to Grant
Low
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