Prosecution Insights
Last updated: October 27, 2026
Application No. 18/943,807

DATA TRANSMISSION METHOD, FIRST DEVICE, AND SECOND DEVICE

Non-Final OA §102§103
Filed
Nov 11, 2024
Priority
May 18, 2022 — continuation of PCTCN2022093529
Examiner
HUYNH, DUNG B.
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
496 granted / 615 resolved
+22.7% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
20 currently pending
Career history
643
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
12.9%
-27.1% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 615 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 . Specification The title of the invention is not descriptive. The title recites, “DATA TRANSMISSION METHOD, FIRST DEVICE AND SECOND DEVICE”. The title of invention is “technically inaccurate and non-descriptive”. [See 37 CFR 1.72(a) and MPEP § 606]. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: ““DATA TRANSMISSION METHOD, FIRST DEVICE AND SECOND DEVICE FOR ENABLING SIDELINK DUPLICATION TRANSMSISION MODE” or equivalent thereof. Appropriate correction is required. Claim Objections Claim 8 is objected to because of the following informalities: the claim recites “receiving, by the first device, a second signaling initiated by the second device” limitation, but however, there is no second device recited prior the limitation. Thus, for a purpose of clarification, it is suggested to amend “receiving, by the first device, a second signaling initiated by the second device” to “receiving, by the first device, a second signaling initiated by a second device”. 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 1-11 and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2023/0060749 A1 to Kang et al. (hereafter refers as Kang). Regarding claims 1 and 15, Kang teaches a data communication method, applicable to a first device (a method for activating SL duplication transmission(s) applicable to a first terminal/UE1, Fig. 10A-12C), and a first device, comprising a processor (the first terminal includes a processor, paragraphs [20-22, 54-56, 88, 93, 232]) and a memory (the first terminal includes a memory/storage, paragraphs [20-22, 54-56, 88, 93, 232] and Fig. 3), the memory being configured to store a computer program (the memory/storage stores programs, paragraph [92]), and the processor being configured to call and execute the computer program stored in the memory, to cause the first device (the processor reads and executes the programs stored in the memory/storage to cause the first terminal to perform the method, paragraphs [92-93, 232]) to perform: transmitting first data on a sidelink in a duplication transmission mode (the first terminal/UE1 performs duplication transmissions on a sidelink after activating a SL duplication transmission, paragraphs [133-135, 198-199]). Regarding claims 2 and 16, Kang further teaches determining, by the first device, whether the duplication transmission mode is enabled or disabled according to a first rule (determining whether to activate the duplication transmission based on SL duplication parameters/SL duplication transmission configuration information, paragraphs [136-140, 155, 196-198]), wherein the first rule is obtained through at least one of: a pre-configuration (wherein the SL duplication parameters/SL duplication transmission configuration information is obtained via preconfiguration, paragraphs [141, 146, 157, 175, 181]). Regarding claims 3 and 17, Kang further teaches wherein the first rule (wherein the SL duplication parameters/SL duplication transmission configuration information includes one of following, paragraphs [138-141, 146, 157, 175, 181]) is related to at least one of: a quality of service (QoS) flow (QoS associated with a flow, paragraphs [138-140]), a logical channel (logical channel identifier, paragraphs [139-140]), a data communication type (a transmission type, paragraphs [138-140]), a data communication priority (transmission priority, paragraphs [139-140]), a carrier (a carrier, paragraphs [136-137, 158]), a resource pool (resource pool, paragraphs [19, 167, 207]), or a constant bit rate (CBR) level (CBR amount, paragraphs [138-140]). Regarding claim 4, Kang further teaches activating, by the first device, the duplication transmission mode in a case where the duplication transmission mode is enabled (triggering the duplication transmissions when the duplication transmission is activated, paragraphs [133-135, 198-199]). Regarding claim 5, Kang further teaches wherein the activating, by the first device, the duplication transmission mode, comprises: activating the duplication transmission mode in a case where a first condition is satisfied (activating the duplication transmission when a condition is satisfied, paragraphs [140-141, 146, 197-200]). Regarding claims 6 and 18, Kang further teaches wherein the transmitting, by the first device, first data on a sidelink in a duplication transmission mode, comprises: transmitting, by the first device, the first data and second data on the sidelink, the second data being duplicated data (transmitting duplication data to a second UE/UE2, paragraphs [133-135, 198-199]), wherein the second data and the first data are transmitted on a same carrier or different carriers (on one or more SL carriers, paragraphs [133-135, 221-222]). Regarding claims 7 and 19, Kang further teaches wherein a correspondence between the second data and the first data is determined (wherein the duplication transmissions including the first and second data are mapped to logical channels, paragraph [221]) through at least one of: a carrier mapping indication (mapping logical channels used for duplication transmission to different SL carriers, paragraph [221]), a logical channel identifier mapping indication (mapping logical channels used for duplication transmission to different SL carriers, paragraph [221]), an explicit indication (the duplication transmission configuration including the SL carriers is received from network, paragraphs [197-199]), a network configuration (the duplication transmission configuration including the SL carriers is received from network, paragraphs [197-199]), or a pre-configuration (or pre-configured, paragraphs [141, 146, 157, 175, 181]). Regarding claims 8 and 20, Kang further teaches receiving, by the first device, a second signaling initiated by the second device (receiving SL duplication transmission information from a NW, Fig. 9A, paragraphs [135-141, 166, 170-171], or activation indicator, paragraph [181]); and configuring, by the first device in response to the second signaling, the first data to be transmitting on the sidelink in the duplication transmission mode (the first terminal/UE1 performs the SL duplication transmissions based on receiving the SL duplication transmission information, paragraphs [141, 146, 157, 175, 181]). Regarding claim 9, Kang further teaches wherein the second signaling comprises at least one of: a radio resource control (RRC) signaling (receiving the SL duplication transmission information from the RRC signaling, paragraphs [14, 135, 141, 181]), or a medium access control control element (MAC CE) (or MAC CE, paragraphs [181, 189, 190, 200]). Regarding claim 10, Kang further teaches exchanging capability information between the first device and a second device (exchanging the SL capability information of the first UE/terminal with the NW, paragraphs [152-155, 166], and/or SL capability information between the first UE/terminal and the second UE/terminal, paragraphs [163-165, 168-169, 172, 178]); and determining, by the first device, whether the duplication transmission mode is enabled or disabled according to the first rule and/or the capability information (the first UE/terminal determines whether the duplication transmission is activated or deactivated based on the SL duplication parameters/SL duplication transmission configuration, paragraphs [136-137, 139-141, 153], and/or SL capability, paragraphs [166, 167, 180]). Regarding claim 11, Kang further teaches wherein the second device comprises a terminal device (transmits SL duplication transmissions to another UE/terminal, paragraphs [133-135] and receives the SL capability from another UE/terminal, paragraphs [166-167]) or a network device (exchanging the SL capability information of the first UE/terminal with the NW, paragraphs [152-155, 166]). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0150908 A1 to Ji et al. (hereafter refers as Ji) in view of US 2023/0060749 A1 to Kang et al. (hereafter refers as Kang). Regarding claim 12, Ji teaches a data communication method, applicable to a second device (a method performed by a second UE, i.e. UE2, Fig. 3 and paragraphs [115, 138, 150-153]), the method comprising: performing, by the second device, carrier sensing on a sidelink (the UE2 performs monitor on carrier on a sidelink, paragraphs [115, 125, 150-152]); and receiving, by the second device, first data transmitted on a current carrier (the UE2 receives at least first data transmitted on a carrier of the sidelink, paragraphs [115, 125, 150-152]). However, Ji does not explicitly teach the first data being “data transmitted by a first device in a duplication transmission mode”. Kang teaches a data communication method, applicable to a second device (a data communication method applicable to a second UE, Fig. 9A-11A), the method comprising: receiving, by the second device, first data transmitted on a current carrier (receiving a first data transmitted on a current carrier, paragraphs [60, 133-134, 167, 178, 220]), the first data being data transmitted by a first device in a duplication transmission mode (wherein the first data being transmitted by a first UE in a duplication transmission(s), paragraphs [60, 133-134, 167, 178, 220]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the first data being data transmitted by a first device in a duplication transmission mode as taught by Kang, with the teachings of receiving, by the second device, first data transmitted on a current carrier as taught by Ji, for a purpose of increasing the packet transmision/reception reliability in sidelink direct communication (See Kang, paragraphs [60, 133-135]). Regarding claim 13, the combination of Ji and Kang further teaches performing, by the second device, carrier sensing on a sidelink, comprises: performing, by the second device, the carrier sensing according to a carrier selection and/or a carrier configuration (performing the carrier monitoring/sensing based on a carrier configuration, see Ji, paragraphs [102-103, 110-115], see Kang, paragraphs [175-181]). Regarding claim 14, the combination of Ji and Kang further teaches identifying, by the second device, the first data transmitted on the current carrier according to a first rule (identifying the first data on the current carrier based on carrier information, see Ji, paragraphs [102-103, 110-115], see Kang, paragraphs [175-181], and an indication of reception of duplication data, see Kang, paragraphs [167, 173, 206-207, 214-217]), wherein the first rule is obtained through at least one of: a pre-configuration (wherein the carrier information is obtained through pre-configuration, see Ji, paragraphs [58, 174], see Kang, paragraphs [146, 175-181]), or an indication of an RRC signaling (or RRC signaling, see Ji, paragraphs [80, 189], see Kang, paragraphs [14, 135, 141, 181]); and the first rule is related to at least one of: a QoS flow (QoS associated with a flow, see Kang, paragraphs [138-140]), a logical channel (logical channel identifier, see Kang, paragraphs [139-140]), a data communication type (a transmission type, see Kang, paragraphs [138-140]), a data communication priority (transmission priority, see Kang, paragraphs [139-140]), a carrier (a carrier, see Ji, paragraphs [44, 46, 57, 106-107, 137], see Kang, paragraphs [136-137, 158]), a resource pool (resource pool, see Kang, paragraphs [19, 167, 207]), or a CBR level (CBR amount, see Kang, paragraphs [138-140]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0215685 A1 discloses UE1 determines to activate PC5 data duplication (paragraphs [104-108] and transmits PC5 data duplication indication information to nearby UE (paragraphs [54-57]). US 2020/0403731 A1 discloses a UE determines whether a sidelink data packet is to be duplicated based on a sidelink radio bearer (paragraphs [70-71, 91-96]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG B. HUYNH whose telephone number is (571)270-7642. The examiner can normally be reached M-F 9:00 AM - 6:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian N. Moore can be reached at 571-272-3085. 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. /DUNG B HUYNH/Primary Examiner, Art Unit 2469 September 24, 2026
Read full office action

Prosecution Timeline

Nov 11, 2024
Application Filed
Sep 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+27.1%)
2y 12m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 615 resolved cases by this examiner. Grant probability derived from career allowance rate.

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