Prosecution Insights
Last updated: October 02, 2026
Application No. 19/104,066

PDU DISCARD INDICATION IN LAYER-TWO PROCEDURES

Non-Final OA §102§103
Filed
Feb 14, 2025
Priority
Sep 16, 2022 — nonprovisional of PCTCN2022119222
Examiner
BRUCKART, BENJAMIN R
Art Unit
Tech Center
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
3y 0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
89 granted / 168 resolved
-7.0% vs TC avg
Strong +33% interview lift
Without
With
+32.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 8m
Avg Prosecution
13 currently pending
Career history
184
Total Applications
across all art units

Statute-Specific Performance

§101
9.8%
-30.2% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
10.5%
-29.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 168 resolved cases

Office Action

§102 §103
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 1-10 are pending in this Office Action. Claims 11-20 are withdrawn. Claim 1 is in independent form. Claims 21-30 are cancelled by a preliminary amendment 2/14/2025 Information Disclosure Statement The information disclosure statements filed on 7/13/26 has been considered. Election/Restrictions Applicant has elected group 1 (Claims 1-10) without traverse. The restriction requirement has been made FINAL. Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i). 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-5, 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 20090103478 by Sammour (Applicant IDS). 1. An apparatus for wireless communication at a first wireless device, comprising: a memory; and at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to: communicate a plurality of protocol data units (PDUs) associated with a data radio bearer (DRB) with a second wireless device (Sammour: page 6, para 125-129); detect that at least one PDU in the plurality of PDUs associated with the DRB meets at least one discard criteria (Sammour: page 6, para 129); and transmit, for the second wireless device, a discard status report associated with the at least one PDU meeting the at least one discard criteria (Sammour: page 6, para 125, 129). 2. The apparatus of claim 1, wherein the at least one discard criteria includes one or more of: an intra-PDU set dependency, a missed delay deadline, a flow error correction (FEC) coding redundancy ratio being above a decoding threshold, or an inter-frame dependency (Sammour: page 2, para 46- deadline; page 3, para 61-62). 3. The apparatus of claim 1, wherein the at least one processor is further configured to: discard the at least one PDU upon detecting that the at least one PDU meets the at least one discard criteria (Sammour: page 6, para 125, 129). 4. The apparatus of claim 3, wherein to discard the at least one PDU, the at least one processor is further configured to: discard each of a set of radio link control (RLC) service data units (SDUs) associated with the at least one PDU (Sammour: page 4, para 76-77). 5. The apparatus of claim 1, wherein the DRB is an acknowledged mode (AM) DRB (Sammour: page 1, para 5; page 5, para 125-126, 129). 8. The apparatus of claim 1, wherein the discard status report utilizes an acknowledge field to indicate at least one sequence number of the at least one PDU (Sammour: page 6, para 131-133; explicit para 138). 9. The apparatus of claim 1, wherein the discard status report includes at least one additional field compared to at least one other discard status report, wherein the at least one additional field includes at least one sequence number of the at least one PDU (Sammour: pages 6-7, para 129-138). 10. The apparatus of claim 1, further comprising at least one of a transceiver or an antenna coupled to the at least one processor, wherein the at least one processor is configured to transmit the discard status report via at least one of the transceiver or the antenna (Sammour: page 7, para 151-152). 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. 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. Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 20090103478 by Sammour (Applicant IDS) in view of U.S. Patent Publication No. 20070104109 by Jiang. The Sammor reference teaches the apparatus of claim 1 where PDU status reports are associated with sequence numbers. The Sammor reference fails to explicitly teach a status prohibit timer. However, in analogous art, the Jiang reference teaches wherein the at least one processor is further configured to: receive a configuration for a status prohibit timer associated with missing PDUs or a status report prohibit timer associated with PDU discards, wherein the discard status report is associated with the status prohibit timer or the status report prohibit timer (Jiang: page 4, para 56-57) in order to more efficiently use data and transmission resources when a reset occurs (Jiang: page 2, para 25). It would have been obvious before the effective filing date to one of ordinary skill in the art to use the prohibit timer parameter of Jiang with the status update messages of Sammor in order to more efficiently use data and transmission resources when a reset occurs (Jiang: page 2, para 25). 7. The apparatus of claim 6, wherein the discard status report is transmitted at a time that corresponds to an expiration of the status prohibit timer or the status report prohibit timer (Jiang: page 4, para 57). Prior Art The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: U. S. Patent Publication No. 20070064599 by Jiang para 10-11. U. S. Patent Publication No. 20190090257 by Han et al. U. S. Patent Publication No. 20240259856 by Kanamarlapudi et al. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN R BRUCKART whose telephone number is (571)272-3982. The examiner can normally be reached M-TH: 7-6p. 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. 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. BENJAMIN R. BRUCKART Supervisory Patent Examiner Art Unit 2424 /BENJAMIN R BRUCKART/Supervisory Patent Examiner, Art Unit 2424
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Prosecution Timeline

Feb 14, 2025
Application Filed
Sep 14, 2026
Non-Final Rejection mailed — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
53%
Grant Probability
86%
With Interview (+32.8%)
4y 8m (~3y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 168 resolved cases by this examiner. Grant probability derived from career allowance rate.

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