Prosecution Insights
Last updated: August 17, 2026
Application No. 18/920,748

TECHNIQUES FOR RADIO ACCESS NETWORK SIGNALING FOR FORWARD ERROR CORRECTION AWARENESS AND PACKET DATA UNIT SET INFORMATION MARKING

Non-Final OA §101§103§112
Filed
Oct 18, 2024
Examiner
NGUYEN, THIEN DANG
Art Unit
2111
Tech Center
2100 — Computer Architecture & Software
Assignee
Qualcomm Incorporated
OA Round
2 (Non-Final)
87%
Grant Probability
Favorable
2-3
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
622 granted / 712 resolved
+32.4% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
32 currently pending
Career history
729
Total Applications
across all art units

Statute-Specific Performance

§101
18.2%
-21.8% vs TC avg
§103
35.3%
-4.7% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
25.4%
-14.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 resolved cases

Office Action

§101 §103 §112
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 . DETAILED ACTION Claims 1-18 and 20-21 were previously examined. Claims 4, 7, 11, 12, 18 were amended on 06/08/2026. Claims 1-18 and 20-21 are pending on this office action. Response to Arguments Applicant's arguments, see under “35 USC 112b” filed June 8, 2026 have been fully considered but they are not persuasive. Applicant’s arguments: On pages 7-8, Applicant argued that the clause ''wherein the data traffic flow includes one or more packet data unit (PDU) sets associated with a quality of service (QoS) flow'' is not an operative. Thus, the challenged ''wherein'' clause provides context for the operative limitations recited in the claims and does not require separate recitation of the transmission, reception, or monitoring of PDU sets or QoS flows as independent steps. In Responses: Examiner disagreed because the clause “wherein the data traffic flow includes one or more packet data unit (PDU) sets associated with a quality of service (QoS) flow” is a description of what the data traffic flow includes PDU, where in the PDU is associated with QoS flow. Examiner disagreed because the limitation such as “receive… a first indication … for a data traffic flow”. However, the recited claim does not utilize a first indication for any data traffic flow at all, and even for packet data unit (PDU). However, the recited claim does not receive or transmit (1) any the data traffic flow, (2) packet data unit (PDU) or (3) QoS flow. As such, it is unclear the reason for the receiving a first indication because it does not use the first indication for any data traffic flow. As such, the rejection is maintained. Applicant's arguments, see under “35 USC 101” filed June 8, 2026 have been fully considered but they are not persuasive. Applicant’s arguments: On page 9 of the remark, Applicant argued that the features of ''receiv[ing], from a second node, a first indication of a forward error correction (FEC) content ratio for a data traffic flow'' and ''transmit[ting], based at least in part on the FEC content ratio, an FEC report that indicates a number of discarded PDUs ... wherein the discarded PDUs are discarded from a buffer of a distributed unit (DU) associated with the first RAN node'' cannot practically be performed in the human mind. The reason is a human mind is not equipped to receive signaling from a network node indicating an FEC content ratio, to discard PDUs from a hardware buffer of a distributed unit, or to transmit an FEC report over a network interface indicating a number of discarded PDUs. The independent claim 1 recites a specific signaling framework within a disaggregated RAN architecture in which a RAN node receives an FEC content ratio indication for a data traffic flow comprising PDU sets associated with a QoS flow and transmits an FEC report indicating a number of PDUs that are discarded from a buffer of a distributed unit based on the FEC content ratio. In Responses: Examiner disagreed because claim 1 only recites a generic processor “…a first radio access network (RAN) node, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first RAN node to”. There is no transmitter or receiver device at all. Examiner disagreed because claim 21 only recites a generic processor (just a floppy disc) such as “a non-transitory computer-readable medium storing code for wireless communications, the code comprising instructions executable by one or more processors to”. There is no transmitter or receiver device at all. Examiner disagreed because the recited claims 1, 20 and 21 do not comprise a transmitter that transmit wireless signal over the air and does not comprise a receiver that receive wireless signal over the air. Examiner disagreed because the recited claims do not even mention any wireless communication signal at all. As such, Applicant argued is not in the recited claim at all. The mental process can receive an FEC content ratio indication (data) and transmits/outputs an FEC report data…”as recited claims 1, 20 and 21 Therefore, the rejection under abstract is maintained. Applicant's arguments, see under “35 USC 103” filed June 8, 2026 have been fully considered. Examiner corrected the references from Ji to Jain et al. (US 2025/0,343,765) See updated rejection below. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-18, 20-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In analyzing under step 1, is the claim to a process, machine manufacture or composition of matter? Yes. In analyzing under step 2A Prong One, Does the claim recite an abstract idea law of nature or natural phenomenon? Yes. The claim(s) 1, 20 and 21 recite(s) the abstract limitations such as “receive… a first indication of a forward error correction (FEC) content ratio for a data traffic flow, wherein the data traffic flow includes one or more packet data unit (PDU) sets associated with a quality of service (QoS) flow; and transmit, based at least in part on the FEC content ratio, an FEC report that indicates a number of discarded PDUs of the one or more PDU sets, wherein the discarded PDUs are discarded from a buffer of a distributed unit (DU) associated with the first RAN node ”is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mental processes but for the recitation of generic computer processor such as “a first radio access network (RAN) node, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first radio access network (RAN) node to:” (see claim 1) and “a non-transitory computer-readable medium storing code for wireless communications, the code comprising instructions executable by one or more processors to” (see claim 21) The mental and mathematical process can (1) receive …a first indication information of FEC content ration for a data traffic flow….and (2) then transmit, based at least in part on the FEC content ratio, an FEC report information that indicates a number of discarded PDUs of the one or more PDU sets…”. It is abstract because this process only receive an indication information then transmit a report information based on the indication information. It does not improve the functionally of the system at all. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components and software module, then it falls within the “Mental Processes” and “Mathematical Processes “ grouping of abstract ideas. Accordingly, the claim recites an abstract limitation. In analyzing under step 2A Prong Two, Does the claim recite additional elements that integrate the judicial exception into a practical application? NO. This judicial exception is not integrated into a practical application because the claims recite a generic processor such as “a first radio access network (RAN) node, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first radio access network (RAN) node to:” (see claim 1) and/or “a first user equipment (UE), comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first UE to:” (see claim 19) for receiving and transmitting data. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because a generic processor and software module which are high level of for receiving and transmitting data. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. In analyzing under step 2B, does the claim recite additional elements that amount to significantly more than the judicial exception? NO Claims 1-20 not recite any additional elements except a generic processor for receiving first indication information and transmitting report. Accordingly, the additional generic elements do not amount to significantly more than the judicial exception because a generic processor and software module which are high level of generality for receiving and transmitting data. The claim is directed to an abstract idea. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-18 and 20-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Any claim not specifically mentioned, is rejected due to its dependency on a rejected claim. Claims 1, 20 and 21 recite a limitation such as “receive… a first indication of a forward error correction (FEC) content ratio for a data traffic flow, wherein the data traffic flow includes one or more packet data unit (PDU) sets associated with a quality of service (QoS) flow” The recited limitation such as “…for a data traffic flow, wherein the data traffic flow includes one or more packet data unit (PDU) sets associated with a quality of service (QoS) flow” renders this limitation indefinite because the previous limitations do not mention (1) about any transmitting or receiving any PDU sets between 1st node and 2nd node, (2) monitoring any data traffic flow for PDU sets between 1st node and 2nd node , (3) monitoring any Qos Flow at all between 1st node and 2nd node. As such, it is unclear how a content ratio of data traffic flow is determined. Claim Rejections - 35 USC § 103 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-18, 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over “3GPP: "3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architecture enhancement for Extended Reality and Media service (XRM); Phase 2 (Release 19)", 3GPP TR 23.700-70 V0.3.0, 23700-70-030, 3rd Generation Partnership Project, Mobile Competence Centre, 650, Route Des Lucioles, F-06921 Sophia- Antipolis Cedex, France, 2February 2024, XP052597517, pp. 1-70, Section 5.1 Sections 6.1- 6.4,6.18”, herein as “3GPP”, in view of Jain et al. (US 2025/0,343,765) As per claim 1: As per claim 20: As per claim 21: 3GPP discloses: A first radio access network (RAN) node, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the RAN node to: A method for wireless communications by a first radio access network (RAN) node, comprising: A non-transitory computer-readable medium storing code for wireless communications, the code comprising instructions executable by one or more processors to: (3GPP, paragraph 6.1.2.3, When requesting or updating QoS for a flow, … provide to PCF/NEF - together with PDU Set QoS parameters - the content ratio for the flow. An AF may provide … content ratio for a flow. The AF may additionally subscribe for receiving the indication of support/non-support of PDU Set content ratio awareness) receive, from a second node, a first indication of a forward error correction (FEC) content ratio for a data traffic flow, wherein the data traffic flow includes one or more packet data unit (PDU) sets associated with a quality of service (QoS) flow; and (3GPP, paragraph 6.1.2.3, When requesting or updating QoS for a flow, … provide to PCF/NEF - together with PDU Set QoS parameters - the content ratio for the flow. An AF may provide … content ratio for a flow. The AF may additionally subscribe for receiving the indication of support/non-support of PDU Set content ratio awareness) (3GPP, paragraph 6.1.2.3, if the NG-RAN node receives content ratio information from SMF, then the NG-RAN node informs SMF in response that it supports PDU Set content ratio awareness) transmit, based at least in part on the FEC content ratio, an FEC report that indicates a number of discarded PDUs of the one or more PDU sets, wherein the discarded PDUs are discarded from (3GPP, paragraph 6.1.2.3, if NG-RAN supports PDU Set content ratio awareness and has received content ratio information for a QoS flow, then NG-RAN may discard obsolete PDUs for this flow during congestion). 3GPP does not disclose a method of discarding PDUS from a buffer. Jain discloses a method of discarding PDUS from a buffer. (Jain , [0045] In response to determining that the congestion condition exists, from a group of PDU sets present (e.g., stored) in a buffer component (e.g., PDCP buffer memory) of the CU-UP 128 and associated with one or more DRBs that are experiencing the congestion condition, the discard manager component 130 can determine a data packet of a PDU set to discard based at least in part on a priority level (e.g., PSI value) associated with the PDU set as compared to other priority levels (e.g., other PSI values) of other PDU sets of the group of PDU sets, wherein the PDU set can be associated with a DRB of the one or more DRBs that are experiencing the congestion condition) (Jain, [0127]…PDU set that can be discarded from the buffer component…) It would have been obvious before the effective filing date of the claimed to a person having ordinary skill in the art to incorporate Jain’s buffer into the system in order to discard PDU sets when experiencing the congestion condition, so that to prevent congestion during transmitting or receiving data. (Jain , [0045] In response to determining that the congestion condition exists, from a group of PDU sets present (e.g., stored) in a buffer component (e.g., PDCP buffer memory) of the CU-UP 128 and associated with one or more DRBs that are experiencing the congestion condition, the discard manager component 130 can determine a data packet of a PDU set to discard based at least in part on a priority level (e.g., PSI value) associated with the PDU set as compared to other priority levels (e.g., other PSI values) of other PDU sets of the group of PDU sets, wherein the PDU set can be associated with a DRB of the one or more DRBs that are experiencing the congestion condition) As per claim 2: 3GPP-Jain further discloses: the first RAN node comprises a centralized unit-control plane (CU-CP), and (3GPP, Figure 6.2-3-1, UE, RAN, UPF, AMF, SMF, PCF, NEF, AF) the second node comprises a session management function (SMF) of a core network. (3GPP, Figure 6.2-3-1, UE, RAN, UPF, AMFn SMF, PCF, NEF, AF) As per claim 3: 3GPP-Jain further discloses: wherein the first indication is included in a PDU session resource setup request message or a PDU session resource modify request message. (3GPP, paragraph 6.1.2.3, When requesting or updating QoS for a flow, … provide to PCF/NEF - together with PDU Set QoS parameters - the content ratio for the flow. An AF may provide … content ratio for a flow. The AF may additionally subscribe for receiving the indication of support/non-support of PDU Set content ratio awareness) (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of request messages or response among different nodes) As per claim 4: 3GPP-Jain further discloses: transmit a second indication of the FEC content ratio to a centralized unit-user plane (CU-UP) associated with the first RAN node via an E1 interface, (3GPP, paragraph 6.3.2…mapping information between FEC transmission ratio…) (3GPP, paragraph 6.1.2.3, \¥hen requesting or updating QoS for a flow, … provide to PCF/NEF - together with PDU Set QoS parameters - the content ratio for the flow. An AF may provide … content ratio for a flow. The AF may additionally subscribe for receiving the indication of support/non-support of PDU Set content ratio awareness) (3GPP, paragraph 6.1.2.3, if the NG-RAN node receives content ratio information from SMF, then the NG-RAN node informs SMF in response that it supports PDU Set content ratio awareness) wherein the second indication is included in a bearer context setup request message or a bearer context modification request message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 5: 3GPP-Jain further discloses: transmit a second indication of the FEC content ratio to the DU via an F1 interface, (3GPP, paragraph 6.3.2…mapping information between FEC transmission ratio…) (3GPP, paragraph 6.1.2.3, \¥hen requesting or updating QoS for a flow, … provide to PCF/NEF - together with PDU Set QoS parameters - the content ratio for the flow. An AF may provide … content ratio for a flow. The AF may additionally subscribe for receiving the indication of support/non-support of PDU Set content ratio awareness) (3GPP, paragraph 6.1.2.3, if the NG-RAN node receives content ratio information from SMF, then the NG-RAN node informs SMF in response that it supports PDU Set content ratio awareness) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) wherein the second indication is included in a user equipment (UE) context setup request message or a UE context modification request message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 6: 3GPP-Jain further discloses: wherein the first RAN node is a source CU-CP, and the one or more processors are individually or collectively further operable to execute the code to cause the first radio access network (RAN) node to: transmit a second indication of the FEC content ratio to a target CU-CP via an Xn interface, wherein the second indication is included in a handover request message or a retrieve user equipment (UE) context response message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 7: 3GPP-Jain further discloses: wherein the one or more processors are individually or collectively further operable to execute the code to cause the first radio access network (RAN) node to: receive, from a centralized unit-user plane (CU-UP) associated with the first RAN node, a second indication of the discarded PDUs of the one or more PDU sets, wherein the second indication is per PDU set. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 8: 3GPP-Jain further discloses: wherein the second indication is received over a New Radio (NR) interface via a downlink data delivery status message or a downlink data FEC status message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 9: 3GPP-Jain further discloses: transmit, to the DU, a third indication of activation of FEC reporting, wherein the second indication of the discarded PDUs is received based at least in part on the third indication. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 10: 3GPP-Jain further discloses: wherein the third indication is transmitted to the DU via an F1 interface and is included in a user equipment (UE) context setup request message or a UE context modification request message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 11: 3GPP-Jain further discloses: transmit, to a centralized unit-user plane (CU-UP) associated with the first RAN node, a second indication of an FEC measurement and reporting configuration associated with a user equipment (UE) associated with the QoS flow. (3GPP, paragraph 6.3.2…mapping information between FEC transmission ratio…) (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 12: 3GPP-Jain further discloses: wherein the second indication is transmitted via an E1 interface and is included in a bearer context setup request message or a bearer context modification request message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 13: 3GPP-Jain further discloses: wherein the one or more processors are individually or collectively further operable to execute the code to cause the first radio access network (RAN) node to: receive, from the CU-UP, a third indication of a suggested FEC content ratio for inclusion in the FEC report. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 14: 3GPP-Jain further discloses: receive, from the CU-UP, a third indication of an FEC measurement report in accordance with the FEC measurement and reporting configuration, wherein the FEC measurement report comprises one or more f a QoS flow identifier associated with the QoS flow, a total number of PDUs since a last FEC measurement report, a ratio of discarded PDUs to a total number of PDUs since a last FEC measurement report, a suggested FEC content ratio, or discarded PDU set information, and (3GPP, paragraph 6.1.2.3, \¥hen requesting or updating QoS for a flow, … provide to PCF/NEF - together with PDU Set QoS parameters - the content ratio for the flow. An AF may provide … content ratio for a flow. The AF may additionally subscribe for receiving the indication of support/non-support of PDU Set content ratio awareness) (3GPP, paragraph 6.1.2.3, if the NG-RAN node receives content ratio information from SMF, then the NG-RAN node informs SMF in response that it supports PDU Set content ratio awareness) (3GPP, paragraph 6.3.2…mapping information between FEC transmission ratio…) wherein the discarded PDU set information comprises, for each PDU set included in the discarded PDU set information, a PDU set sequence number associated with the PDU set and a ratio of discarded PDUs from the PDU set to a total number of PDUs in the PDU set, wherein the discarded PDU set information is based at least in part on discarded PDUs at the DU and on one or more PDUs remaining in a buffer of the CU-UP. (3GPP, paragraph 6.1.2.3, if NG-RAN supports PDU Set content ratio awareness and has received content ratio information for a QoS flow, then NG-RAN may discard obsolete PDUs for this flow during congestion). As per claim 15: 3GPP-Jain further discloses: wherein the third indication is received via an E1 interface and is included in a downlink data notification message, a data usage report message or a user equipment (UE) measurement report message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 16: 3GPP-Jain further discloses: wherein the one or more processors are individually or collectively further operable to execute the code to cause the first radio access network (RAN) node to: receive, from the SMF, a second indication of an FEC measurement and reporting configuration associated with a user equipment (UE) associated with the QoS flow. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 17: The first radio access network (RAN) node of claim 16, wherein the second indication is received via an NG interface and is included in a measurement configuration request message, a PDU session resource setup request message, or a PDU session resource modify request message. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 18: 3GPP-Jain further discloses: wherein the first RAN node comprises a centralized unit-user plane (CU-UP), and the one or more processors are individually or collectively further operable to execute the code to cause the first radio access network (RAN) node to: determine, for each PDU set of the one or more PDU sets and based at least in part on discarded PDUs indicated in one or more FEC reports received from the DU or on one or more PDUs remaining in a buffer of the CU-UP, discarded PDU information. (3GPP, Figure 6.2-3-1, AF Request t allow discarding of FEC, PCF Initiated PDU Session Modification, Based on successfully delivered…discard FEC PDU…; discarded user report..) (3GPP, Fig. 6.3.3-1 shows a variation of messages can transmit or request or response among different nodes) As per claim 20: Claims 20 and 21 recite similar limitations as claim 1. As such, see rejection from above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sebire et al. (US 2025/0,055,619) in paragraph 0042 discloses that NG-RAN may perform PDU set-based discard operations… when PDU set integrated handling information (PSIHI) is set for a QoS flow, as soon as one PDU of a PDU set is known to be lost, the remaining PDUs of that PDU set can be considered as no longer needed … may be subject to discard operation at the transmitter to free up radio resource(s). However, …where forward error correction (FEC) is applied, active discarding of PDUs, when a large enough number of PDUs have already been transmitted and FEC performs recovery without the remaining PDUs, may trigger an increase of FEC packets. Agerstam et al. (US 2023/0,328,547) in [0031] discloses a method of collecting various quality of service (QoS) metrics … collected include, without limitation: [0032] (i) signal quality data (e.g., received signal strength indicator (RSSI), estimated signal-to-noise ratio (SNR)); [0033] (ii) general demodulation errors; [0034] (iii) data transmission errors (e.g., bit error rate (BER) before and after applying any forward error correction (FEC) algorithm, block error rate (BLER), packet collisions, packet error rate (PER), checksum errors at the network/transport layers); and [0035] (iv) traffic performance errors and statistics …[0075] … important features may be extracted from the input data 302 and the remaining unimportant features may be discarded Pan (US 2025/0,081,182) discloses that … the remaining PDUs are not useful and can safely be discarded. [0754] NOTE 4: In case of Forward Error Correction (FEC), active discarding of PDUs when assuming that a large enough number of packets have already been transmitted for FEC to recover without the remaining PDUs … Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN DANG NGUYEN whose telephone number is (571)272-9189. The examiner can normally be reached Monday-Friday 7 AM - 3:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Featherstone can be reached at 571-270-3750. 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. /Thien Nguyen/Primary Examiner, Art Unit 2111
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Prosecution Timeline

Oct 18, 2024
Application Filed
Mar 25, 2026
Non-Final Rejection mailed — §101, §103, §112
Jun 08, 2026
Response Filed
Jun 24, 2026
Non-Final Rejection mailed — §101, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+11.7%)
2y 0m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 712 resolved cases by this examiner. Grant probability derived from career allowance rate.

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