Prosecution Insights
Last updated: October 02, 2026
Application No. 18/921,037

METHOD AND DEVICE FOR WIRELESS COMMUNICATION

Non-Final OA §102§103
Filed
Oct 21, 2024
Priority
Apr 30, 2022 — CN 202210476674.3 +1 more
Examiner
RAIMONDO, TRACY LAUREN
Art Unit
Tech Center
Assignee
Apogee Networks LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
58 granted / 67 resolved
+26.6% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
15 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
74.8%
+34.8% vs TC avg
§102
17.3%
-22.7% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 67 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Objections Claims 2 and 19 are objected to because of the following informalities: Claims 2 and 19 recite “PDCP PDU” and does not spell out the acronym. All acronyms must be spelled out upon first use. Appropriate correction is required. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2, 6-7, 10, and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sharma et al. (US20210227422 hereinafter Sharma). Regarding claims 1 and 18. Sharma teaches the method and apparatus for a first node for wireless communications (fig. 5 and par. 0077, teaches Communications device 480 includes PDCP entity 452. Par. 0034, teaches packet data convergence protocol (PDCP)), comprising: a first processor (fig. 5 and par. 0077, teaches Communications device 480 in which one or more processors (not shown) perform the functions of PDCP entity 452), performing a first operation for a first data packet at a first protocol layer, the first operation being transmitting (fig. 7 and par. 0146, teaches in step 718 the first PDCP PDU 408 is passed to the RLC/MAC protocol entity 454 from the PDCP entity 452 for transmission on the wireless access interface 456. Wherein, fig. 3 and par. 0036, teaches the PDCP layer comprises a packet data convergence protocol (PDCP) entity 452. Thus, the first PDCP PDU 408 is of the PDCP layer. Whereas the PDCP layer reads as the first protocol layer. Par. 0041, teaches protocol data unit (PDU) and par. 0034 teaches radio link control (RLC)/media access control (MAC) ); as a response to the action of performing the first operation, starting a first timer (fig. 7 and par. 0139, teaches the process by which the PDCP entity 452 forms PDCP PDUs in accordance with some embodiments of the present technique in which the PDCP buffer is used to store PDCP SDUs. Wherein, the figure shows the process restarting. Whereas, pars. 0101-0108, teaches the PDCP entity 452 processes the received second PDCP SDU 416 and starts a second PDCP discard timer associated with the second PDCP PDU 418. Whereas, when the PDCP entity 452 processes the received second PDCP SDU 416 after a previous transmission, it reads as a response to the action of performing the first operation, starting a first timer within the context of figure 7), and as a response to expiration of the first timer, performing a second operation for at least second data packet in a first data packet set at the first protocol layer; the second operation being discarding (fig. 7 (step 706) and par. 0141, teaches the PDCP entity 452 may determine whether a discard timer has expired in respect of any PDCP SDUs which are stored in the PDCP buffer. If any discard timers are found to have expired, then each PDCP SDU associated with an expired timer is discarded. Thus, if the second PDCP discard timer associated with the second PDCP PDU 418 expires, it would read on “a response to expiration of the first timer, performing a second operation for at least second data packet… the second operation being discarding”. Wherein, the second PDCP PDU 418 reads as the second data packet in a first data packet set at the first protocol layer within the context of fig. 3 and par. 0036, teaches the PDCP layer comprises a packet data convergence protocol (PDCP) entity 452. Thus, the second PDCP PDU 418 is of the PDCP layer. Whereas, the PDCP layer reads as the first protocol layer. Moreover, pars. 0053-0055, teaches there may be a single PDCP entity for each dedicated radio bearer (DRB). Moreover, par. 0093 teaches PDCP buffer may be specific to the DRB on which the first PDCP PDU 408 is to be transmitted and pars. 0111-0114 teaches the first PDCP PDU 408 and second PDCP SDU 416 belong to the same DRB, thus making a first data packet set); wherein the first data packet is different from the second data packet (fig. 7 (step 714) and par.0146, teaches the PDCP entity forms the PDCP header 407 and thereby constructs the first PDCP PDU 408 comprising the first PDCP SDU 406 which has been retrieved from the buffer and the header 407 indicating the assigned sequence number. Wherein, par. 0113, teaches the PDCP entity 452 may assign different sequence numbers (i.e. different to those previously assigned) to those PDCP PDUs which belong to the same DRB. Thus, in par. 0101-0108, when the PDCP entity 452 forms the second PDCP PDU 418 from the second PDCP SDU 416 and applies the header, it will be different than that of the first PDCP PDU 408); the first data packet and any data packet in the first data packet set are data packets for a user plane (fig. 3 and par. 0038, teaches the SDAP entity 450, the PDCP entity 452, the combined RLC/MAC protocol entity 454 and the PHY entity may form an access stratum (AS) portion of a user plane; that is, the series of protocol entities which process user plane data. Thus, when in fig. 7 (step 706) and pars. 0141 and 0101-0108, the first PDCP PDU 408 and second PDCP PDU 418 (the first data packet set) is generated by the PDCP entity 452, it reads as the first data packet and any data packet in the first data packet set are data packets for a user plane); and the first data packet and any data packet in the first data packet set are both generated at the first protocol layer (fig. 7 (step 706) and par. 0141, teaches the PDCP entity forms the PDCP header 407 and thereby constructs the first PDCP PDU 408 comprising the first PDCP SDU 406 which has been retrieved from the buffer and the header 407 indicating the assigned sequence number. Whereas it is obvious to figure 7 would repeat the same methods of the diagram due to looping methods of the figure. Moreover, pars. 0101-0108, teaches the PDCP entity 452 forming the second PDCP PDU 418 from the second PDCP SDU 416, similar to the processing of the first PDCP SDU 406. Furthermore, fig. 3 and par. 0036, teaches the PDCP layer comprises a packet data convergence protocol (PDCP) entity 452. Thus, the first PDCP PDU 408 and second PDCP PDU 418 is generated at the PDCP layer. Whereas the PDCP layer reads as the first protocol layer); the first protocol layer is a protocol layer above a Media Access Control (MAC) layer (fig. 3 and pars. 0034-0036, teaches the PDCP layer comprises a packet data convergence protocol (PDCP) entity 452. Whereas, the PDCP layer reads as the first protocol layer, which is above the radio link control (RLC)/media access control (MAC) layer in the protocol stack); at least part of bits of the first data packet are transmitted via a Data Radio Bearer (DRB) (fig. 7 and par. 0146, teaches in step 718 the first PDCP PDU 408 is passed to the RLC/MAC protocol entity 454 from the PDCP entity 452 for transmission on the wireless access interface 456. Wherein, par. 0139, teaches the process by which the PDCP entity 452 forms PDCP PDUs in accordance with some embodiments of the present technique in which the PDCP buffer is used to store PDCP SDUs. Furthermore, pars. 0053-0055, teaches there may be a single PDCP entity for each dedicated radio bearer (DRB). Moreover, par. 0093 teaches PDCP buffer may be specific to the DRB on which the first PDCP PDU 408 is to be transmitted). Regarding claims 2 and 19. Sharma teaches the method and apparatus for claims 1 and 18. Sharma further teaches the first data packet is a PDCP PDU (fig. 7 (step 706) and par. 0141, teaches the PDCP entity forms the PDCP header 407 and thereby constructs the first PDCP PDU 408 comprising the first PDCP SDU 406 which has been retrieved from the buffer and the header 407 indicating the assigned sequence number); and the second data packet is a PDCP PDU (pars. 0101-0108, teaches the PDCP entity 452 forming the second PDCP PDU 418 from the second PDCP SDU 416, similar to the processing of the first PDCP SDU 406). Regarding claims 6 and 20. Sharma teaches the method and apparatus for claims 1 and 18. Sharma further teaches characterized in comprising: the first timer being a discardTimer (pars. 0101-0108, teaches the PDCP entity 452 processes the received second PDCP SDU 416 and starts a second PDCP discard timer associated with the second PDCP PDU 418. Wherein, the “second PDCP discard timer” reads as the first timer, see above claims 1 and 18). Regarding claim 7. Sharma teaches the apparatus for claim 2. Sharma further teaches characterized in that the first timer is a discardTimer (pars. 0101-0108, teaches the PDCP entity 452 processes the received second PDCP SDU 416 and starts a second PDCP discard timer associated with the second PDCP PDU 418. Wherein, the “second PDCP discard timer” reads as the first timer, see above claim 1). Regarding claim 10. Sharma teaches the apparatus for claim 1. Sharma further teaches characterized in comprising: a first transmitter (fig. 7 and pars. 0139-0146, teaches the PDCP entity 452. Whereas the PDCP entity 452 reads as the first transmitter), transmitting second information (fig. 7 and par. 0146, teaches in step 718 the first PDCP PDU 408 is passed to the RLC/MAC protocol entity 454 from the PDCP entity 452 for transmission on the wireless access interface 456. Wherein, the first PDCP PDU 408 reads as the second information), the second information being used to indicate data packets included in the first data packet set (fig. 7 and pars. 0144-0146, teaches the PDCP entity forms the PDCP header 407 and thereby constructs the first PDCP PDU 408 comprising the first PDCP SDU 406 which has been retrieved from the buffer and the header 407 indicating the assigned sequence number. Wherein, the “header 407 indicating the assigned sequence number” reads as the second information being used to indicate data packets included in the first data packet set. Moreover, par. 0113, teaches the PDCP entity 452 may assign different sequence numbers (i.e. different to those previously assigned) to those PDCP PDUs which belong to the same DRB [the first data packet set]. Thus, in par. 0101-0108, when the PDCP entity 452 forms the second PDCP PDU 418 from the second PDCP SDU 416 and applies the header, it will be different than that of the first PDCP PDU 408. Thus, the header is used to indicate data packets in the first data packet set). Regarding claim 5. Sharma teaches the apparatus for claim 1. Sharma further teaches characterized in comprising: the first processor (fig. 5 and par. 0077, teaches Communications device 480 in which one or more processors (not shown) perform the functions of PDCP entity 452), discarding any data packet in the first data packet set (fig. 7 (step 706) and par. 0141, teaches the PDCP entity 452 may determine whether a discard timer has expired in respect of any PDCP SDUs which are stored in the PDCP buffer. If any discard timers are found to have expired, then each PDCP SDU associated with an expired timer is discarded. Wherein, par. 0093 teaches the PDCP buffer may be specific to the DRB, reads as the first data packet set, see above claim 1. Thus, the PDCP entity 452 may discard any PDCP SDU associated with an expired timer). Regarding claim 16. Sharma teaches the apparatus for claim 2. Sharma further teaches characterized in comprising: the first processor (fig. 5 and par. 0077, teaches Communications device 480 in which one or more processors (not shown) perform the functions of PDCP entity 452), discarding any data packet in the first data packet set (fig. 7 (step 706) and par. 0141, teaches the PDCP entity 452 may determine whether a discard timer has expired in respect of any PDCP SDUs which are stored in the PDCP buffer. If any discard timers are found to have expired, then each PDCP SDU associated with an expired timer is discarded. Wherein, par. 0093 teaches the PDCP buffer may be specific to the DRB, reads as the first data packet set, see above claim 1. Thus, the PDCP entity 452 may discard any PDCP SDU associated with an expired timer). Regarding claim 17. Sharma teaches the apparatus for claim 7. Sharma further teaches characterized in comprising: the first processor (fig. 5 and par. 0077, teaches Communications device 480 in which one or more processors (not shown) perform the functions of PDCP entity 452), discarding any data packet in the first data packet set (fig. 7 (step 706) and par. 0141, teaches the PDCP entity 452 may determine whether a discard timer has expired in respect of any PDCP SDUs which are stored in the PDCP buffer. If any discard timers are found to have expired, then each PDCP SDU associated with an expired timer is discarded. Wherein, par. 0093 teaches the PDCP buffer may be specific to the DRB, reads as the first data packet set, see above claim 1. Thus, the PDCP entity 452 may discard any PDCP SDU associated with an expired timer). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. (US20210227422 hereinafter Sharma) in view of Fu et al. (US20150071059 hereinafter Fu). Regarding claim 3. Sharma teaches the apparatus for claim 1. However, although Sharma teaches different DRBs (pars. 0058-0059), the apparatus and methods of Sharma explicitly fails to disclose, the first data packet and the second data packet use different DRBs. Fu disclosed apparatus, systems, and methods for different DRBs, so Fu is analogous to Sharma. Furthermore, Fu teaches the first data packet and the second data packet use different DRBs (par. 0069, teaches different IP packet can be mapped onto a different DRB according to the correspondence relationship between type information represented by a protocol type, a source port number and a destination port number in an IPv4 data packet, or type information represented by a next header, a source port number and a destination port number in an IPv6 data packet, and a DRB configuration. For example, an IPv4 data packet (the first data packet) corresponds to the DRB configuration in which the logical channel priority is 8. Whereas an IPv4 data packet (the second data packet) corresponds to the DRB configuration in which the logical channel priority is 7. Par. 0042 teaches Data Radio Bearer (DRB)). Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize the first data packet and the second data packet use different DRBs, as disclosed by Fu with the method and apparatus of Sharma. The motivations for doing so would be to avoid network congestion (see Fu par. 0012) Claims 4-5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. (US20210227422 hereinafter Sharma) in view of Kim et al. (US20050201366 hereinafter Kim). Regarding claim 4. Sharma teaches the apparatus for claim 1. However, the apparatus and methods of Sharma explicitly fails to disclose, the first data packet includes a first identifier; a target data packet is any data packet in the first data packet set, and whether the target data packet includes the first identifier is used to determine whether to perform the second operation for the target data packet; when the target data packet includes the first identifier, the second operation is performed for the target data packet; when the target data packet does not include the first identifier, the second operation is not performed for the target data packet. Kim disclosed apparatus, systems, and methods for a first identifier, so Kim is analogous to Sharma. Furthermore, Kim teaches the first data packet includes a first identifier (fig. 4 and par. 0075, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. Whereas, the language “IR-DYN packets with the CID and the dynamic part required for head compression” reads as a first identifier. Par. 0008 packet data control protocol (PDCP), par. 0051 context identification (CID), par. 0017 Initialization and Refresh Dynamic (IR-DYN)); a target data packet is any data packet in the first data packet set (fig. 4 and par. 0075, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. Whereas, the IR-DYN packets of the packet data of the new PDCP entity reads as the first data packet set and the packet data of the new PDCP entity reads as a target data packet), and whether the target data packet includes the first identifier is used to determine whether to perform the second operation for the target data packet (fig. 4 and pars. 0075-0077, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. If the received packet data are the IR-DYN packets, step 440 is performed. Wherein, the “step 440 is performed” reads as perform the second operation for the target data packet); when the target data packet includes the first identifier, the second operation is performed for the target data packet (fig. 4 and pars. 0075-0077, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. If the received packet data are the IR-DYN packets, step 440 is performed. Wherein, the “step 440 is performed” reads as perform the second operation for the target data packet); when the target data packet does not include the first identifier, the second operation is not performed for the target data packet (fig. 4 and pars. 0075-0077, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. If the received packet data are the IR-DYN packets, step 440 is performed, otherwise, step 435 is performed. Wherein, the language “otherwise, step 435 is performed” reads as if the received packet data are not the IR-DYN packets the second operation is not performed for the target data packet). Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize the first data packet includes a first identifier; a target data packet is any data packet in the first data packet set, and whether the target data packet includes the first identifier is used to determine whether to perform the second operation for the target data packet; when the target data packet includes the first identifier, the second operation is performed for the target data packet; when the target data packet does not include the first identifier, the second operation is not performed for the target data packet, as disclosed by Kim with the method and apparatus of Sharma. The motivations for doing so would be to reduce consumption of the radio transmission resources. (see Kim par. 0008) Regarding claim 5. Sharma teaches the apparatus for claim 2. However, the apparatus and methods of Sharma explicitly fails to disclose, the first data packet includes a first identifier; a target data packet is any data packet in the first data packet set, and whether the target data packet includes the first identifier is used to determine whether to perform the second operation for the target data packet; when the target data packet includes the first identifier, the second operation is performed for the target data packet; when the target data packet does not include the first identifier, the second operation is not performed for the target data packet. Kim disclosed apparatus, systems, and methods for a first identifier, so Kim is analogous to Sharma. Furthermore, Kim teaches the first data packet includes a first identifier (fig. 4 and par. 0075, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. Whereas, the language “IR-DYN packets with the CID and the dynamic part required for head compression” reads as a first identifier. Par. 0008 packet data control protocol (PDCP), par. 0051 context identification (CID), par. 0017 Initialization and Refresh Dynamic (IR-DYN)); a target data packet is any data packet in the first data packet set (fig. 4 and par. 0075, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. Whereas, the IR-DYN packets of the packet data of the new PDCP entity reads as the first data packet set and the packet data of the new PDCP entity reads as a target data packet), and whether the target data packet includes the first identifier is used to determine whether to perform the second operation for the target data packet (fig. 4 and pars. 0075-0077, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. If the received packet data are the IR-DYN packets, step 440 is performed. Wherein, the “step 440 is performed” reads as perform the second operation for the target data packet); when the target data packet includes the first identifier, the second operation is performed for the target data packet (fig. 4 and pars. 0075-0077, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. If the received packet data are the IR-DYN packets, step 440 is performed. Wherein, the “step 440 is performed” reads as perform the second operation for the target data packet); when the target data packet does not include the first identifier, the second operation is not performed for the target data packet (fig. 4 and pars. 0075-0077, teaches the UE receives the packet data of the new PDCP entity of the new cell through the RCL layer. Wherein, the UE checks whether the received packet data are IR-DYN packets with the CID and the dynamic part required for head compression. If the received packet data are the IR-DYN packets, step 440 is performed, otherwise, step 435 is performed. Wherein, the language “otherwise, step 435 is performed” reads as if the received packet data are not the IR-DYN packets the second operation is not performed for the target data packet). Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize the first data packet includes a first identifier; a target data packet is any data packet in the first data packet set, and whether the target data packet includes the first identifier is used to determine whether to perform the second operation for the target data packet; when the target data packet includes the first identifier, the second operation is performed for the target data packet; when the target data packet does not include the first identifier, the second operation is not performed for the target data packet, as disclosed by Kim with the method and apparatus of Sharma. The motivations for doing so would be to reduce consumption of the radio transmission resources. (see Kim par. 0008) Regarding claim 8. Sharma and Kim teaches the apparatus for claim 4. Sharma further teaches characterized in that the first timer is a discardTimer (pars. 0101-0108, teaches the PDCP entity 452 processes the received second PDCP SDU 416 and starts a second PDCP discard timer associated with the second PDCP PDU 418. Wherein, the “second PDCP discard timer” reads as the first timer, see above claim 1). Regarding claim 9. Sharma and Kim teaches the apparatus for claim 5. Sharma further teaches characterized in that the first timer is a discardTimer (pars. 0101-0108, teaches the PDCP entity 452 processes the received second PDCP SDU 416 and starts a second PDCP discard timer associated with the second PDCP PDU 418. Wherein, the “second PDCP discard timer” reads as the first timer, see above claim 1). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. (US20210227422 hereinafter Sharma) in view of Wang et al. (US20230224383 hereinafter Wang). Regarding claim 11. Sharma teaches the apparatus for claim 1. However, although Sharma teaches a first radio bearer set (par. 0080, teaches based on the identified QoS flow, associates the first SDAP SDU 402 with a DRB), the apparatus and methods of Sharma explicitly fails to disclose, a first receiver, receiving third information, the third information indicating a first radio bearer set, the first radio bearer set including at least one radio bearer, the first radio bearer set being used to determine the first data packet set. Wang disclosed apparatus, systems, and methods for a radio bearer set, so Wang is analogous to Sharma. Furthermore, Wang teaches a first receiver, receiving third information, the third information indicating a first radio bearer set (pars. 0119-0120, teaches the PDCP entities 1521-1522 receive the SDAP packet handling, SDAP PDUs. Wherein, the SDAP 1520 distributes packets with different QoS requirements to DRBs 1512 with different priorities. In one embodiment, packets associated with I-frame are distributed to a DRB with DRB ID=1 (representing a high priority), and packets associated with P-frame are distributed to DRB with DRB ID=2 (representing a low priority). In one embodiment, the mapping rules between DRB IDs and priorities are indicated. Wherein, the PDCP entities 1521-1522 read as the first receiver(s) and the SDAP packet handling, SDAP PDUs read as the third information. Whereas the SDAP packet handling, SDAP PDUs relay packets associated with different radio bearer sets, such as a DRB with DRB ID=1 (representing a high priority) reads as the third information indicating a first radio bearer set. Par. 0005 service data adaption protocol (SDAP), data radio bearer (DRB), par. 0006, packet data convergence protocol (PDCP)), the first radio bearer set including at least one radio bearer (pars. 0119-0120, teaches packets associated with I-frame are distributed to a DRB with DRB ID=1), the first radio bearer set being used to determine the first data packet set (par. 0119, teaches SDAP 1520 distributes packets with different QoS requirements to DRBs 1512 with different priorities. In one embodiment, packets associated with I-frame are distributed to a DRB with DRB ID=1 (representing a high priority), and packets associated with P-frame are distributed to DRB with DRB ID=2 (representing a low priority). Wherein, since the packets are grouped by DRB ID the DRB with DRB ID=1 reads as the first radio bearer set being used to determine the first data packet set). Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize a first receiver, receiving third information, the third information indicating a first radio bearer set, the first radio bearer set including at least one radio bearer, the first radio bearer set being used to determine the first data packet set, as disclosed by Wang with the method and apparatus of Sharma. The motivations for doing so would be to improve traffic handling. (see Wang par. 0037) Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. (US20210227422 hereinafter Sharma) in view of Yang et al. (US20240057123 hereinafter Yang). Regarding claim 12. Sharma teaches the apparatus for claim 1. Sharma further teaches the latest time at which the first data packet is allowed to be transmitted (par. 0141, teaches if any discard timers are found to have expired, then control passes to step 708 in which each PDCP SDU associated with an expired timer is discarded, such that it will not be passed to the RLC/MAC entity 454 for transmission on the wireless access interface 456. Wherein, it is obvious to one in the art that the due to the timer being expired there must have been a “the latest time at which the first data packet is allowed to be transmitted”). However, although Sharma teaches the latest time at which the first data packet is allowed to be transmitted (par. 0141), the apparatus and methods of Sharma explicitly fails to disclose, a first transmitter, transmitting second information, the second information indicating a time T0, the T0 being the latest time at which the first data packet is allowed to be transmitted; the second information being a MAC Control Element (CE). Yang disclosed apparatus, systems, and methods for a MAC Control Element (CE), so Yang is analogous to Sharma. Furthermore, Yang teaches a first transmitter, transmitting second information, the second information indicating a time T0 (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE). Wherein, the second UE reads as the first transmitter. Furthermore, the timing duration of the first timer reads as the second information indicating a time T0 within the context of pars. 0047-0051, which teaches the first UE starts the first timer and monitors the SL channel within the duration of the timing started by the first timer. Whereas it is obvious to one skilled in the art that the language “duration” must have some sort of start and end time, which would read as time T0), the T0 being the latest time at which the first data packet is allowed to be transmitted (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE). Furthermore, pars. 0047-0051, which teaches the first UE starts the first timer and monitors the SL channel within the duration of the timing started by the first timer. Whereas it is obvious to one skilled in the art that the language “duration for monitoring for transmissions” must have some sort of start and end time, which would read as time T0 being the latest time at which the first data packet is allowed to be transmitted); the second information being a MAC Control Element (CE) (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE)). Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize a first transmitter, transmitting second information, the second information indicating a time T0, the T0 being the latest time at which the first data packet is allowed to be transmitted; the second information being a MAC Control Element (CE), as disclosed by Yang with the method and apparatus of Sharma. The motivations for doing so would be to improve communications. (see Yang par. 0042) Regarding claim 13. Sharma teaches the apparatus for claim 7. Sharma further teaches the latest time at which the first data packet is allowed to be transmitted (par. 0141, teaches if any discard timers are found to have expired, then control passes to step 708 in which each PDCP SDU associated with an expired timer is discarded, such that it will not be passed to the RLC/MAC entity 454 for transmission on the wireless access interface 456. Wherein, it is obvious to one in the art that the due to the timer being expired there must have been a “the latest time at which the first data packet is allowed to be transmitted”). However, although Sharma teaches the latest time at which the first data packet is allowed to be transmitted (par. 0141), the apparatus and methods of Sharma explicitly fails to disclose, a first transmitter, transmitting second information, the second information indicating a time T0, the T0 being the latest time at which the first data packet is allowed to be transmitted; the second information being a MAC Control Element (CE). Yang disclosed apparatus, systems, and methods for a MAC Control Element (CE), so Yang is analogous to Sharma. Furthermore, Yang teaches a first transmitter, transmitting second information, the second information indicating a time T0 (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE). Wherein, the second UE reads as the first transmitter. Furthermore, the timing duration of the first timer reads as the second information indicating a time T0 within the context of pars. 0047-0051, which teaches the first UE starts the first timer and monitors the SL channel within the duration of the timing started by the first timer. Whereas it is obvious to one skilled in the art that the language “duration” must have some sort of start and end time, which would read as time T0), the T0 being the latest time at which the first data packet is allowed to be transmitted (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE). Furthermore, pars. 0047-0051, which teaches the first UE starts the first timer and monitors the SL channel within the duration of the timing started by the first timer. Whereas it is obvious to one skilled in the art that the language “duration for monitoring for transmissions” must have some sort of start and end time, which would read as time T0 being the latest time at which the first data packet is allowed to be transmitted); the second information being a MAC Control Element (CE) (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE)). Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize a first transmitter, transmitting second information, the second information indicating a time T0, the T0 being the latest time at which the first data packet is allowed to be transmitted; the second information being a MAC Control Element (CE), as disclosed by Yang with the method and apparatus of Sharma. The motivations for doing so would be to improve communications. (see Yang par. 0042) Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. (US20210227422 hereinafter Sharma), in view of Kim et al. (US20050201366 hereinafter Kim), in further view of Yang et al. (US20240057123 hereinafter Yang). Regarding claim 14. Sharma and Kim teaches the apparatus for claim 9. Sharma further teaches the latest time at which the first data packet is allowed to be transmitted (par. 0141, teaches if any discard timers are found to have expired, then control passes to step 708 in which each PDCP SDU associated with an expired timer is discarded, such that it will not be passed to the RLC/MAC entity 454 for transmission on the wireless access interface 456. Wherein, it is obvious to one in the art that the due to the timer being expired there must have been a “the latest time at which the first data packet is allowed to be transmitted”). However, although Sharma teaches the latest time at which the first data packet is allowed to be transmitted (par. 0141), the combination of Sharma and Kim explicitly fails to disclose, a first transmitter, transmitting second information, the second information indicating a time T0, the T0 being the latest time at which the first data packet is allowed to be transmitted; the second information being a MAC Control Element (CE). Yang disclosed apparatus, systems, and methods for a MAC Control Element (CE), so Yang is analogous to Sharma. Furthermore, Yang teaches a first transmitter, transmitting second information, the second information indicating a time T0 (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE). Wherein, the second UE reads as the first transmitter. Furthermore, the timing duration of the first timer reads as the second information indicating a time T0 within the context of pars. 0047-0051, which teaches the first UE starts the first timer and monitors the SL channel within the duration of the timing started by the first timer. Whereas, it is obvious to one skilled in the art that the language “duration” must have some sort of start and end time, which would read as time T0), the T0 being the latest time at which the first data packet is allowed to be transmitted (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE). Furthermore, pars. 0047-0051, which teaches the first UE starts the first timer and monitors the SL channel within the duration of the timing started by the first timer. Whereas it is obvious to one skilled in the art that the language “duration for monitoring for transmissions” must have some sort of start and end time, which would read as time T0 being the latest time at which the first data packet is allowed to be transmitted); the second information being a MAC Control Element (CE) (par. 0096, teaches the second UE transmitting the timing duration of the first timer via a MAC control element (CE)). Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize a first transmitter, transmitting second information, the second information indicating a time T0, the T0 being the latest time at which the first data packet is allowed to be transmitted; the second information being a MAC Control Element (CE), as disclosed by Yang with the combination of Sharma and Kim. The motivations for doing so would be to improve communications. (see Yang par. 0042) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY LAUREN RAIMONDO whose telephone number is (703)756-5578. The examiner can normally be reached M-F 7:30am - 5:00pm EST. 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, Michael Thier can be reached at 571-272-2832. 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. /TRACY LAUREN RAIMONDO/Examiner, Art Unit 2474 /Michael Thier/Supervisory Patent Examiner, Art Unit 2474
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Prosecution Timeline

Oct 21, 2024
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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1-2
Expected OA Rounds
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99%
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2y 10m (~11m remaining)
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