Prosecution Insights
Last updated: October 02, 2026
Application No. 18/894,973

Data Packet Processing Method and Apparatus, Communication Device, and Storage Medium

Non-Final OA §102§103
Filed
Sep 24, 2024
Priority
Mar 24, 2022 — CN 202210303268.7 +1 more
Examiner
CASTANEYRA, RICARDO H
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
322 granted / 433 resolved
+14.4% vs TC avg
Strong +23% interview lift
Without
With
+22.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
31 currently pending
Career history
459
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
61.1%
+21.1% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 433 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 . This office action is a response to an application filed on 09/24/2024 in which claims 1-20 are pending. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/30/2026 has been considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Objections Claims 3-4, 6-7, 9-12, and 15 are objected to because of the following informalities: Claim 3 recites in line 5 “located at at least one” and it should be “located at ”. Claim 4 recites in lines 1-2 “determining a range of a first target data packet” and it should be “determining the range of the first target data packet”. Claim 4 recites in line 8 “the first data” and it should be “a first data”. Claim 6 recites in line 4 “the next layer” and it should be “a next layer”. Claim 7 recites in line 2 “a first communication device, a target operation” and it should be “the first communication device, the target operation”. Claim 9 recites in line 3 “the first auxiliary information” and it should be “a first auxiliary information”. Claim 9 recites in line 15 “the third data packet” and it should be “a third data packet”. Claim 10 recites in line 2 “a first communication device, a target operation” and it should be “the first communication device, the target operation”. Claim 11 recites in line 2 “a first communication device, a target operation” and it should be “the first communication device, the target operation”. Claim 12 recites in line 2 “a first communication device, a target operation” and it should be “the first communication device, the target operation”. Claim 15 recites in line 2 “a first communication device, a target operation” and it should be “the first communication device, the target operation”. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. 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. Claims 1-10, 12-14 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma et al. (US 2015/0009826) (provided in the IDS), hereinafter “Ma”. As to claim 1, Ma teaches a data packet processing method (Ma, Fig. 7, [0120], a method directed to hierarchical traffic differentiation), comprising: performing, by a first communication device (Ma, Fig. 7, [0129], the method is performed by a WTRU, base station, etc.), a target operation (Ma, [0126], [0161]-[0163], rules are performed for handling priorities for application traffic of a video application), the target operation comprising at least one of the following: determining an importance level of a target data packet (Ma, [0121], “the traffic within the bearer is differentiated into multiple traffic sub-classes (intra-QCI levels)”, [0160]-[0161], the rules are used to handle priorities for application traffic of a video application. Table 3 shows that different priorities are assigned for the different frames), data flow description information corresponding to a data packet, and/or a tunnel mapped by the data packet; determining, based on the importance level of the target data packet, a buffer status report for distinguishing between importance levels, wherein data packets with different importance levels correspond to buffer status reports with different importance levels; sending the buffer status report for distinguishing between importance levels; determining a range of a first target data packet (Ma, [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI); or stopping a first operation and/or performing a second operation, or performing the first operation (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), [0163], “prioritization may be performed based on the variation of importance of the video content. Such importance may be based on that some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”). As to claim 2, Ma teaches wherein the target data packet is at least one of the following: a received data packet (Ma, Fig. 7, [0121], the traffic is obtained. [0324], the packets of specific applications are obtained for processing. The packet is also received by a base station (the intermediate network node)) or a data packet in a buffer; or the first target data packet is at least one of the following: a data packet with a low importance level (Ma, [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, [0324], “drop low sub-QCI packets of specific applications based on the UPCON status in the uplink”), a data packet whose transmission needs to be abandoned (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”), a data packet whose transmission is allowed to be abandoned, a data packet whose transmission needs no priority guarantee, or a data packet on which no data packet whose transmission needs priority guarantee depends. As to claim 3, Ma teaches wherein in the first communication device, a target layer for performing the target operation comprises at least one of the following: a packet data convergence protocol (PDCP) layer (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”), a service data adaptation protocol (SDAP) layer, or an Xth layer, wherein the Xth layer is located at at least one of the following: a non-access stratum (NAS) layer or an access stratum (AS) layer; and the Xth layer is a layer above the SDAP layer. As to claim 4, Ma teaches wherein the determining a range of a first target data packet comprises at least one of the following: applying, based on a descending order of priorities, information about first data packets with different priorities in sequence to determine the range of the first target data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1); or determining the range of the first target data packet by using importance levels in an ascending order of the importance levels; the first target data packet comprises at least one of the following: the first data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2), a second data packet (Ma, [0113], [0162], the packet in temporal layer 1), or a data packet with a lowest importance level (Ma, [0113], [0162], the packet in temporal layer 1 has a lower priority/importance than the packet in temporal layer 0. Table 3 also shows the packet in temporal layer 2 as the lowest sub-priority = 2); the range of first target data packet comprises at least one of the following: a range of the first data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1), a range of the second data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layers 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1), or a range of the data packet with a lowest importance level (Ma, [0113], [0162], the packet in temporal layer 1 has a lower priority/importance than the packet in temporal layer 0. Table 3 also shows the packet in temporal layer 2 as the lowest sub-priority = 2); the first target data packet does not comprise at least one of the following: a third data packet or a fourth data packet (Ma, [0113], [0154], Table 2, [0162], Table 4, the packets in temporal layers 0 and 1 of the QCI = 2 (Conversational Video) do not comprise packets from other services like Real Time Gaming, Buffered Streaming, IMS Signalling, etc.); the range of first target data packet does not comprise at least one of the following: a range of the third data packet or a range of the fourth data packet (Ma, [0113], [0154], Table 2, [0162], Table 4, the packets in temporal layers 0 and 1 of the QCI = 2 (Conversational Video) do not comprise packets from other services like Real Time Gaming, Buffered Streaming, IMS Signalling, etc. The ranges in priorities are different), wherein a second target data packet is a data packet that depends on the first target data packet (Ma, Table 3, [0161], the P-frame are used for the variation of importance of the video content. Thus, a P-frame depends on other frames, such as I-frame); the third data packet is a data packet whose transmission needs priority guarantee (Ma, [0154], Table 2, packet for Non-Conversational Video (Buffered Streaming), for example are GBR (guaranteed bit rate). [0161]-[0162], Table 4, Video includes I-frames); and the fourth data packet is a data packet on which the third data packet depends (Ma, [0113], [0154], Table 2, [0161]-[0162], Table 4, the packets from Non-Conversational Video (Buffered Streaming) include P-frames which are dependent on other frames, such as I-frame). As to claim 5, Ma teaches wherein the first operation comprises at least one of the following: determining whether the target data packet is in the range of the first target data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2); determining whether the target data packet is a second target data packet; performing at least one of the following on the target data packet that is in the range of the first target data packet and/or the second target data packet: skipping transmitting the target data packet (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), [0163], “prioritization may be performed based on the variation of importance of the video content. Such importance may be based on that some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”), the buffer status report comprising no cache amount of the target data packet, or deleting the target data packet in the buffer (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)); skipping transmitting the first target data packet (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), [0163], “prioritization may be performed based on the variation of importance of the video content. Such importance may be based on that some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”; skipping transmitting the second target data packet in a case that transmission of the first target data packet is skipped; the buffer status report comprising no cache amount of the first target data packet and/or the second target data packet, and deleting the first target data packet and/or the second target data packet in the buffer (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), [0163], “prioritization may be performed based on the variation of importance of the video content. Such importance may be based on that some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”; requesting a radio access network (RAN) network element to transmit other data packets; transparently transmitting, by a target layer of the first communication device, other data packets to a next layer of the target layer; adding, by the target layer of the first communication device, importance level information about other data packets to the data packets and then sending the packets to the next layer; skipping transmitting all data packets (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”); applying, based on the descending order of priorities, the information about first data packets with different priorities in sequence to skip transmitting the target data packet conforming to the information about the first data packet; or skipping transmitting the target data packet in sequence in the ascending order of the importance levels (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”); wherein the determining whether the target data packet is in the range of the first target data packet comprises at least one of the following: determining that the target data packet is in the range of the first target data packet in a case that the importance level of the target data packet matches an importance level range of the first target data packet (Ma, [0113], [0161], Table 3, [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. The P-frames has the same Priority = 1 but different Sub-priorities); determining that the target data packet is in the range of the first target data packet in a case that data flow description information about the target data packet matches data flow description information about the first data packet (Ma, [0113], [0161], Table 3, [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 have the same QCI as packets in temporal layer 2 and belong to the same service); determining that the target data packet is in the range of the first target data packet in a case that tunnel information mapped by the target data packet matches tunnel information corresponding to the first data packet; determining that the target data packet is in the range of the first target data packet in a case that a direction mapped by the target data packet matches a direction mapped by the first data packet; or determining that the target data packet is in the range of the first target data packet in a case that a source interface mapped by the target data packet matches a source interface mapped by the first data packet. As to claim 6, Ma teaches wherein the second operation comprises at least one of the following: transparently transmitting, by a target layer of the first communication device, all the data packets to the next layer of the target layer (Ma, [0327], “The PDCP layer may obtain the packets with an additional parameter that indicates the sub-priority that should be assigned to the packet, which may be further relayed to the radio link control (RLC) and MAC layers”); requesting, by the first communication device, an RAN network element to transmit all the data packets; or adding, by the target layer of the first communication device, importance level information about data packets to the data packets and then sending the packets to the next layer. As to claim 7, Ma teaches wherein the performing, by a first communication device, a target operation comprises: obtaining, by the first communication device, first information (Ma, [0327], the WTRU is configured with rules to mark packets by ANDSF or RB configuration or RRC configuration), the first information comprising at least one of the following: information about the target data packet, data flow description information and importance mapping information (Ma, [0327], the configuration includes sub-priorities to assign to the packets, where the packets are further relayed to the RLC and MAC layers. The MAC layer logical channel prioritization may use logical channel priority to decide on which logical channel to select next, and within each logical channel, may use the sub-priority information to prioritize the selection of the packet or transport block within the same logical channel), first auxiliary information, second auxiliary information, third auxiliary information, configuration information for transmitting no data packet, one or more items of related information about a first data packet (Ma, [0121], “Differentiating the traffic within the bearer into multiple traffic sub-classes may include obtaining an indication of which traffic sub-class of the multiple traffic sub-classes to assign a packet of the traffic to”, [0122], the indication included in the header of the packet, [0125], sub-QCI, [0126], rule with parameters to use for scheduling packet of the traffic sub-class), or one or more items of related information about a third data packet; and performing, by the first communication device, the target operation based on the first information (Ma, [0126]-[0127], [0327], the configuration includes sub-priorities to assign to the packets, where the packets are further relayed to the RLC and MAC layers. Then, the packets are transmitted based on their priorities). As to claim 8, Ma teaches wherein the operation of determining an importance level of a target data packet comprises one of the following: obtaining importance of the target data packet from header information about the target data packet (Ma, [0113], packets have different importances. [0121], “Differentiating the traffic within the bearer into multiple traffic sub-classes may include obtaining an indication of which traffic sub-class of the multiple traffic sub-classes to assign a packet of the traffic to”, [0122], “the packet may include the indication, and obtaining the indication may include performing packet inspection of the packet to reveal the indication. The indication may be disposed in various locations within the packet. For example, the packet may include a header, and the header may include the indicator”); or obtaining data flow description information about the target data packet, and data flow description information and importance mapping information (Ma, [0170], the WTRU receives RRC configuration message and stores QoS, priorities, packet flow ID and TI. Then, the WTRU determines the mapping between traffic flows to the RB. [0171], “The WTRU 202 may add sub-QCIs, as appropriate, to the TFTs and/or the IP flows in the uplink based on policies provided by the ANDSF 222 via, for example, the S14 reference point. Alternatively and/or additionally, the WTRU 202 may add sub-QCIs, as appropriate, to the TFTs and/or the IP flows in the uplink or based on UE (WTRU) pre-configuration, such as, for example, policies installed in memory (e.g., at a universal integrated circuit card (UICC)) of the WTRU 202.”); and determining the importance level of the target data packet based on the data flow description information about the target data packet, and the data flow description information and importance mapping information (Ma, [0121], “the traffic within the bearer is differentiated into multiple traffic sub-classes (intra-QCI levels)”, [0160]-[0161], the rules are used to handle priorities for application traffic of a video application. Tables 3-4 show that different priorities are assigned for the different frames with corresponding service, frames, layer, priorities, QCI, etc.). As to claim 9, Ma teaches wherein the method further comprises: obtaining, by the first communication device, the first auxiliary information (Ma, [0324], “The WTRU 202 (e.g., a UE) may be able to mitigate congestion in the uplink direction based on operator policies provided by the ANDSF 222 via, e.g., the S14 reference point”); and the performing, by a first communication device, a target operation comprises: performing, by the first communication device, the target operation based on the first auxiliary information (Ma, [0324], “The WTRU 202 (e.g., a UE) may be able to mitigate congestion in the uplink direction based on operator policies provided by the ANDSF 222 via, e.g., the S14 reference point. The ANDSF policies may include information to drop low sub-QCI packets of specific applications based on the UPCON status in the uplink…based on the sub-QCI information added by the WTRU 202 on the uplink direction the base station 260 (e.g., an eNode B) may drop low sub-QCI packets”), wherein the first auxiliary information comprises at least one of the following: first indication information, the first indication information being used to indicate at least one of the following: network congestion starts, it is requested to perform an operation of transmitting no data packet, it is requested to perform the first operation (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), it is requested to abandon transmission of or allow not to transmit all data packets, it is requested to abandon transmission of or allow not to transmit the first data packet (Ma, [0203], “The use of sub-QCI allows the network 203 to select only a subset of the packets to serve in the event of network congestion”), it is requested to abandon transmission of or allow not to transmit a second data packet (Ma, [0113], [0162], the packet in temporal layer 1. The packet in temporal layer 1 has a lower priority/importance than the packet in temporal layer 0. Table 3 also shows the packet in temporal layer 2 as the lowest sub-priority = 2. [0163], “some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”, [0324], “information to drop low sub-QCI packets of specific applications”), or it is allowed not to transmit data packets other than the third data packet and/or a fourth data packet; information about the first data packet, the information about the first data packet being used to indicate the range of the first data packet (Ma, [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI); information about the third data packet, the information about the third data packet being used to indicate the range of the third data packet; a time period during which no data is transmitted; or a network resource load or a load value index corresponding to the network resource load, wherein the second data packet is a data packet that depends on the first data packet (Ma, Table 3, [0161], the P-frame are used for the variation of importance of the video content. Thus, a P-frame depends on other frames, such as I-frame). As to claim 10, Ma teaches wherein the performing, by a first communication device, a target operation comprises: in a case that a first condition is met, stopping performing, by the first communication device, the first operation and/or performing the second operation (Ma, [0292], the rules are established during a period of congestion, where the rules include reducing QoS for IP flows of low priority traffic as well as include sub-QCI information to differentiate the priority of IP flows sent over the same bearer. [0127], “The scheduling of the differentiated may be carried out in view of a lack of resources and/or congestion”. The differentiation and rules would not apply outside of the period of congestion. Fig. 13 shows that when there are sufficient resources no priority handle is performed), wherein the first condition comprises at least one of the following: network congestion ends (Ma, [0292], the rules are established during a period of congestion, where the rules include reducing QoS for IP flows of low priority traffic as well as include sub-QCI information to differentiate the priority of IP flows sent over the same bearer. [0127], “The scheduling of the differentiated may be carried out in view of a lack of resources and/or congestion”. The differentiation and rules would not apply outside of the period of congestion. Fig. 13 shows that when there are sufficient resources no priority handle is performed); an actual network resource load does not reach a resource load corresponding to the first data packet or drops below the resource load corresponding to the first data packet; the first auxiliary information and/or the second auxiliary information is not obtained; previously obtained first auxiliary information and/or second auxiliary information is deleted or canceled; the third auxiliary information is obtained; or a current time is not within a time period during which no data is transmitted, wherein the third auxiliary information comprises at least one of the following: third indication information, the third indication information being used to indicate at least one of the following: network congestion ends, an operation of transmitting no data packet is stopped, the first operation is stopped, it is requested to perform the second operation, or data transmission is resumed; or a network resource load or a load value index corresponding to the network resource load. As to claim 12, Ma teaches wherein the performing, by a first communication device, a target operation comprises: obtaining, by the first communication device, the configuration information for transmitting no data packet, the one or more items of related information about the first data packet (Ma, [0121], “Differentiating the traffic within the bearer into multiple traffic sub-classes may include obtaining an indication of which traffic sub-class of the multiple traffic sub-classes to assign a packet of the traffic to”, [0122], the indication included in the header of the packet, [0125], sub-QCI, [0126], rule with parameters to use for scheduling packet of the traffic sub-class), the one or more items of related information about the third data packet, and/or the second auxiliary information; and performing the first operation based on the configuration information for transmitting no data packet, the one or more items of related information about the first data packet (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), [0163], “prioritization may be performed based on the variation of importance of the video content. Such importance may be based on that some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”), the one or more items of related information about the third data packet, and/or the second auxiliary information, wherein the configuration information for transmitting no data packet comprises at least one of the following: one or more items of related information about the first data packet; one or more items of related information about the third data packet; or first indication information, the first indication information being used to indicate at least one of the following: network congestion starts, it is requested to perform an operation of transmitting no data packet, it is requested to perform the first operation, it is requested to abandon transmission of or allow not to transmit all data packets, it is requested to abandon transmission of or allow not to transmit the first data packet, it is requested to abandon transmission of or allow not to transmit a second data packet, or it is allowed not to transmit data packets other than the third data packet and/or a fourth data packet; wherein the related information about the first data packet comprises at least one of the following: information about the first data packet (Ma, [0121], “Differentiating the traffic within the bearer into multiple traffic sub-classes may include obtaining an indication of which traffic sub-class of the multiple traffic sub-classes to assign a packet of the traffic to”, [0122], the indication included in the header of the packet, [0125], sub-QCI, [0126], rule with parameters to use for scheduling packet of the traffic sub-class), an index of the information about the first data packet, an effective condition of the related information about the first data packet, or an invalid condition of the related information about the first data packet; the related information about the third data packet in a descending order of priorities corresponding to the first data packet comprises at least one of the following: information about the third data packet, or an index of the information about the third data packet, wherein the information about the first data packet is used to indicate a range of the first data packet (Ma, [0121], “Differentiating the traffic within the bearer into multiple traffic sub-classes may include obtaining an indication of which traffic sub-class of the multiple traffic sub-classes to assign a packet of the traffic to”, [0122], the indication included in the header of the packet, [0125], sub-QCI, [0126], rule with parameters to use for scheduling packet of the traffic sub-class. [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1); the information about the third data packet is used to indicate a range of the third data packet; the second data packet is a data packet that depends on the first data packet; the second auxiliary information comprises at least one of the following: second indication information, the second indication information being used to indicate at least one of the following: network congestion starts, it is requested to perform an operation of transmitting no data packet, it is requested to perform the first operation, it is requested to abandon transmission of or allow not to transmit all data packets, it is requested to abandon transmission of or allow not to transmit the first data packet, it is requested to abandon transmission of or allow not to transmit a second data packet, or it is allowed not to transmit data packets other than the third data packet and/or a fourth data packet; the index of the information about the first data packet; the index of the information about the third data packet, a time period during which no data is transmitted; and a network resource load or a load value index corresponding to the network resource load, wherein the second data packet is a data packet that depends on the first data packet; wherein the effective condition of the related information about the first data packet comprises at least one of: network congestion starts (Ma, [0292], the rules are used during a period of congestion), or an actual network resource load reaches a resource load corresponding to the first data packet; and/or the invalid condition of the related information about the first data packet comprises at least one of the following: network congestion ends, or an actual network resource load does not reach a resource load corresponding to the first data packet or drops below the resource load corresponding to the first data packet; and/or the resource load corresponding to the first data packet is used to indicate, in a case that the actual network resource load reaches the resource load corresponding to the first data packet, that the information about the first data packet takes effect, or that the first operation is performed based on the information about the first data packet; and/or a resource load corresponding to the third data packet is used to indicate, in a case that the actual network resource load reaches the resource load corresponding to the third data packet, that the information about the third data packet takes effect, or that a data transmission guarantee operation is performed based on the information about the third data packet; and/or the priority corresponding to the first data packet is a priority of abandoning transmission, which is used to indicate that the first operation is performed based on the information about the first data packets with different priorities in a descending order of priorities; and/or a priority corresponding to the third data packet is a priority of guaranteeing transmission (Ma, [0154], Table 2, packet for Non-Conversational Video (Buffered Streaming), for example are GBR (guaranteed bit rate). [0161]-[0162], Table 4, Video includes I-frames), which is used to indicate that the data transmission guarantee operation is performed based on the information about the third data packet with different priorities in a descending order of priorities (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1); and/or the index of the information about the first data packet is used to index the information about the first data packet; and/or the index of the information about the third data packet is used to index the information about the third data packet. As to claim 13, Ma teaches wherein the performing the first operation comprises: in a case that a first condition is met (Ma, [0292], the rules are used during a period of congestion), performing the first operation based on the information about the first data packet (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), [0163], “prioritization may be performed based on the variation of importance of the video content. Such importance may be based on that some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”), or determining the information about the first data packet to be effective (Ma, [0292], the rules are used during a period of congestion); a first condition comprises at least one of the following: network congestion starts (Ma, [0292], the rules are used during a period of congestion); an actual network resource load reaches a resource load corresponding to the first data packet; obtaining the index of the information about the first data packet; obtaining priority information, the priority information indicating a priority corresponding to the information about the first data packet; or obtaining second indication information, the second indication information being used to indicate at least one of the following: network congestion starts, it is requested to perform an operation of transmitting no data packet, it is requested to perform the first operation, it is requested to abandon transmission of or allow not to transmit all data packets, it is requested to abandon transmission of or allow not to transmit the first data packet, it is requested to abandon transmission of or allow not to transmit a second data packet, or it is allowed not to transmit data packets other than the third data packet and/or a fourth data packet. As to claim 14, Ma teaches wherein the stopping performing the first operation and/or performing the second operation comprises: in a case that a third condition is met, stopping performing the first operation and/or performing the second operation (Ma, [0292], the rules are established during a period of congestion, where the rules include reducing QoS for IP flows of low priority traffic as well as include sub-QCI information to differentiate the priority of IP flows sent over the same bearer. [0127], “The scheduling of the differentiated may be carried out in view of a lack of resources and/or congestion”. The differentiation and rules would not apply outside of the period of congestion. Fig. 13 shows that when there are sufficient resources no priority handle is performed), the third condition comprising at least one of the following: network congestion ends (Ma, [0292], the rules are established during a period of congestion, where the rules include reducing QoS for IP flows of low priority traffic as well as include sub-QCI information to differentiate the priority of IP flows sent over the same bearer. [0127], “The scheduling of the differentiated may be carried out in view of a lack of resources and/or congestion”. The differentiation and rules would not apply outside of the period of congestion. Fig. 13 shows that when there are sufficient resources no priority handle is performed); an actual network resource load does not reach a resource load corresponding to the first data packet or drops below the resource load corresponding to the first data packet; the first auxiliary information and/or the second auxiliary information is not obtained; previously obtained first auxiliary information and/or second auxiliary information is deleted or canceled; the third auxiliary information is obtained; or a current time is not within a time period during which no data is transmitted, wherein the third auxiliary information comprises at least one of the following: third indication information, the third indication information being used to indicate at least one of the following: network congestion ends, an operation of transmitting no data packet is stopped, the first operation is stopped, it is requested to perform the second operation, or data transmission is resumed; or a network resource load or a load value index corresponding to the network resource load. As to claim 18, Ma teaches wherein the range of the first target data packet is reflected by information indication of the first target data packet (Ma, [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI); and information about the first target data packet comprises at least one of the following: an importance level range of the first target data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1), data flow description information about the first target data packet (Ma, Table 2, [0161]-[0162], Tables 3-4, the packet with QCI = 2 (Conversational Video)), data set description information about the first target data packet, tunnel information corresponding to the first target data packet (Ma, Table 2, [0161]-[0162], Tables 3-4, the packet with QCI = 2 (Conversational Video), frame type and temporal layer information), a direction of the first target data packet, a source interface of the first target data packet, a resource load corresponding to the first target data packet, or a priority corresponding to the first target data packet (Ma, Table 2, [0161]-[0162], Tables 3-4, the packet with priority and sub-priority); and/or the information about a first data packet comprises at least one of the following: an importance level range of the first data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1), data flow description information about the first data packet (Ma, Table 2, [0161]-[0162], Tables 3-4, the packet with QCI = 2 (Conversational Video)), data set description information about the first data packet (Ma, Table 2, [0161]-[0162], Tables 3-4, the packet with QCI = 2 (Conversational Video), frame type and temporal layer information), tunnel information corresponding to the first data packet, a direction of the first data packet, a source interface of the first data packet, a resource load corresponding to the first data packet, or a priority corresponding to the first data packet (Ma, Table 2, [0161]-[0162], Tables 3-4, the packet with priority and sub-priority); and/or the information about a third data packet comprises at least one of the following: an importance level range of the third data packet (Ma, [0154], Table 2, the Sub-QCI and priority of the packet for Real Time Gaming, etc.), data flow description information about the third data packet (Ma, [0154], Table 2, the packet for Real Time Gaming, etc.), data set description information about the third data packet (Ma, [0154], Table 2, the packet for Real Time Gaming, etc. with corresponding resource type, QCI, Sub-QCI, Packet Delay Budget, Packet Error Loss Rate), tunnel information corresponding to the third data packet, a direction of the third data packet, a source interface of the third data packet, a resource load corresponding to the third data packet, or a priority corresponding to the third data packet (Ma, [0154], Table 2, the packet for Real Time Gaming, etc. with corresponding priority); wherein the resource load corresponding to the first target data packet is used to indicate, in a case that an actual resource load reaches the resource load corresponding to the first target data packet, that the information about the first target data packet takes effect, or that the first operation is performed based on the information about the first target data packet; and/or the resource load corresponding to the first data packet is used to indicate, in a case that the actual resource load reaches the resource load corresponding to the first data packet, that the information about the first data packet takes effect, or that the first operation is performed based on the information about the first data packet; and/or the resource load corresponding to the third data packet is used to indicate, in a case that the actual resource load reaches the resource load corresponding to the third data packet, that the information about the third data packet takes effect, or that a data transmission guarantee operation is performed based on the information about the third data packet; and/or a target priority corresponding to the first target data packet is a priority of abandoning transmission, which is used to indicate that the first operation is performed based on the information about the first target data packet with different priorities in an order of priorities (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”); and/or the priority corresponding to the first data packet is a priority of abandoning transmission, which is used to indicate that the first operation is performed based on the information about the first data packets with different priorities in an order of priorities (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”); and/or the priority corresponding to the third data packet is a priority of guaranteeing transmission, which is used to indicate that the data transmission guarantee operation is performed based on the information about the third data packet with different priorities in an order of priorities (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”); and/or an index of the information about the first target data packet is used to index the information about the first target data packet; and/or the index of the information about the first data packet is used to index the information about the first data packet; and/or the index of the information about the third data packet is used to index the information about the third data packet. As to claim 19, Ma teaches a data packet processing method (Ma, Fig. 7, [0120], a method directed to hierarchical traffic differentiation), comprising: performing, by a second communication device, a third operation, the third operation comprising at least one of the following: sending one of the following: first auxiliary information, second auxiliary information, and third auxiliary information (Ma, [0160], “The rules provided at the edge and/or intermediate network nodes to map certain sub-flows of traffic belonging to a certain flow (QCI) may be configured during WTRU configuration (configured by the MME 262 to the base station 260 in the UE (WTRU) context)”. [0154], [0161]-[0162], Tables 2-4, the rules include the Sub-QCI, resource type, QCI, priority, sub-priorities, temporal layer information, etc. for the corresponding services); requesting to delete or cancel the first auxiliary information; requesting to delete or cancel the second auxiliary information; or sending configuration information for transmitting no data packet. As to claim 20, Ma teaches wherein the first auxiliary information comprises at least one of the following: first indication information, the first indication information being used to indicate at least one of the following: network congestion starts, it is requested to perform an operation of transmitting no data packet, it is requested to perform a first operation (Ma, [0127], “the differentiated traffic is scheduled for transmission based on a prioritization of the multiple traffic sub-classes”,[0155], the sub-QCI information is used to decide which frames may be dropped due to congestion, pursuant to active queue management (for e.g. Random Early Detection (RED)), it is requested to abandon transmission of or allow not to transmit all data packets, it is requested to abandon transmission of or allow not to transmit the first data packet (Ma, [0203], “The use of sub-QCI allows the network 203 to select only a subset of the packets to serve in the event of network congestion”), it is requested to abandon transmission of or allow not to transmit a second data packet (Ma, [0113], [0162], the packet in temporal layer 1. The packet in temporal layer 1 has a lower priority/importance than the packet in temporal layer 0. Table 3 also shows the packet in temporal layer 2 as the lowest sub-priority = 2. [0163], “some frames (even for all P-Frame single layer coding), if lost, can have a larger impact on the end user QoE than others”, [0324], “information to drop low sub-QCI packets of specific applications”), or it is allowed not to transmit data packets other than a third data packet and/or a fourth data packet; information about the first data packet, the information about the first data packet being used to indicate a range of the first data packet (Ma, [0113], [0162], the sub-priorities may be applied to the different temporal layers in Hierarchical-P coded video. Table 4 shows the different sub-priorities for a Hierarchical-P coded video for a particular instance of a QCI, where the priorities are in descending order. The packets in temporal layer 0 and 1 are more important than a packet in temporal layer 2. This shows a range of the packet at temporal layer 1); information about the third data packet, the information about the third data packet being used to indicate a range of the first data packet (Ma, [0113], [0154], Table 2, [0162], Table 4, the packets in other services like Real Time Gaming, Buffered Streaming, IMS Signalling, etc. The ranges in priorities are different); a time period during which no data is transmitted; or a network resource load or a load value index corresponding to the network resource load, wherein the second data packet is a data packet that depends on the first data packet (Ma, Table 3, [0161], the P-frame are used for the variation of importance of the video content. Thus, a P-frame depends on other frames, such as I-frame). 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. Claims 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al. (US 2015/0009826) (provided in the IDS), hereinafter “Ma” in view of Liu et al. (US 2019/0364137) (provided in the IDS), hereinafter “Liu”. Ma teaches the claimed limitations as stated above. Ma does not explicitly teach the following features: regarding claim 11, wherein the performing, by a first communication device, a target operation further comprises at least one of the following: further obtaining, by the first communication device, effective time of the first auxiliary information in a case of obtaining the first auxiliary information; or deleting, by the first communication device, the first auxiliary information in a case that the effective time of the first auxiliary information is overtime. As to claim 11, Liu teaches wherein the performing, by a first communication device, a target operation further comprises at least one of the following: further obtaining, by the first communication device, effective time of the first auxiliary information in a case of obtaining the first auxiliary information; or deleting, by the first communication device, the first auxiliary information in a case that the effective time of the first auxiliary information is overtime (Liu, [0068], the terminal discards the PDCP SDU and a corresponding PDCP PDU when the discard timer is exceeded). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ma to have the features, as taught by Liu, in order to avoid failure of transmission of important data packets as much as possible, and reduce the impact on transmission quality of the to-be-transmitted service (Liu, [0070]). Ma teaches the claimed limitations as stated above. Ma does not explicitly teach the following features: regarding claim 15, wherein the performing, by a first communication device, a target operation further comprises at least one of the following: further obtaining, by the first communication device, effective time of the second auxiliary information in a case of obtaining the second auxiliary information; or deleting, by the first communication device, the second auxiliary information in a case that the effective time of the second auxiliary information is overtime. As to claim 15, Liu teaches wherein the performing, by a first communication device, a target operation further comprises at least one of the following: further obtaining, by the first communication device, effective time of the second auxiliary information in a case of obtaining the second auxiliary information; or deleting, by the first communication device, the second auxiliary information in a case that the effective time of the second auxiliary information is overtime (Liu, [0068], the terminal discards the PDCP SDU and a corresponding PDCP PDU when the discard timer is exceeded). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ma to have the features, as taught by Liu, in order to avoid failure of transmission of important data packets as much as possible, and reduce the impact on transmission quality of the to-be-transmitted service (Liu, [0070]). Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al. (US 2015/0009826) (provided in the IDS), hereinafter “Ma” in view of Park et al. (US 2018/0352601), hereinafter “Park”. As to claim 16, Ma teaches wherein in a case that the target layer is the PDCP layer, the first operation further comprises: determining, by the PDCP layer of the first communication device, deletion of a target data packet in a cache area (Ma, [0326], “If low priority packets become delayed in the queue past discardTimer timeout (in a packet data convergence protocol (PDCP) layer), such packets may be discarded before transmission”). Ma teaches the claimed limitations as stated above. Ma does not explicitly teach the following features: regarding claim 16, determining, by the PDCP layer of the first communication device, a request made to an radio link control (RLC) layer to delete a target data packet of the RLC layer that has not been sent. However, Park teaches determining, by the PDCP layer of the first communication device, a request made to an radio link control (RLC) layer to delete a target data packet of the RLC layer that has not been sent (Park, Fig. 10, [0123], the PDCP request the second RLC transmitter to discard the PDCP PDUs (SN 1 to 4) which has not been transmitted). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ma to have the features, as taught by Park, in order to avoid the transmission of duplicated PDUs, since the original PDUs has been normally transmitted (Park, [0122]-[0123]). Ma teaches the claimed limitations as stated above. Ma does not explicitly teach the following features: regarding claim 17, wherein in a case that the target layer is not the PDCP layer, performing, by the first communication device, the first operation further comprises: identifying, by the PDCP layer of the first communication device, a target data packet in a cache area; determining, by the PDCP layer of the first communication device, deletion of the target data packet in the cache area; and determining, by the PDCP layer of the first communication device, a request made to an RLC layer to delete a target data packet of the RLC layer that has not been sent; wherein the identifying, by the PDCP layer of the first communication device, a target data packet in a cache area comprises determining, by the PDCP layer of the first communication device, the target data packet in the cache area based on a mapping relationship between a sequence number (SN) of PDCP in the cache area and an importance level. As to claim 17, Park teaches wherein in a case that the target layer is not the PDCP layer, performing, by the first communication device (Park, Fig. 10, [0123], the RLC is the layer discarding the PDUs), the first operation further comprises: identifying, by the PDCP layer of the first communication device, a target data packet in a cache area (Park, Fig. 10, [0123], the PDCP determines to not transmit the PDUs with SN 1 to 4 which are stored); determining, by the PDCP layer of the first communication device, deletion of the target data packet in the cache area (Park, Fig. 10, [0123], the PDCP requests the RLC to discard PDCP PDUs with SN 1 to 4 which are stored); and determining, by the PDCP layer of the first communication device, a request made to an RLC layer to delete a target data packet of the RLC layer that has not been sent (Park, Fig. 10, [0123], the PDCP request the second RLC transmitter to discard the PDCP PDUs (SN 1 to 4) which has not been transmitted); wherein the identifying, by the PDCP layer of the first communication device, a target data packet in a cache area comprises determining, by the PDCP layer of the first communication device, the target data packet in the cache area based on a mapping relationship between a sequence number (SN) of PDCP in the cache area (Park, Fig. 10, [0123], the PDCP request the second RLC transmitter to discard the PDCP PDUs (SN 1 to 4) which has not been transmitted) and an importance level (Park, [0140], “the PDCP layer may request the RLC layer to discard a RLC SDU associated with the PDCP PDU that has not been transmitted for the predetermined period of time according to the importance of the PDCP PDU (S1250). That is, the RLC layer may discard the RLC SDU associated with the non-important IP packet”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ma to have the features, as taught by Park, in order to not affect the overall performance of the IP flow by taking into account the importance of the packets when congestion occurs, thereby preventing data transmission latency (Park, [0134]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Chun et al. U.S. Patent Application Publication No. 2010/0135202 – Method for QoS Guarantees in a multilayer structure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICARDO H CASTANEYRA whose telephone number is (571)272-2486. The examiner can normally be reached M-F 9:00am - 5:30pm. 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, Kwang bin Yao can be reached at 571-272-3182. 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. /RICARDO H CASTANEYRA/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Sep 24, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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