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 Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 15, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro et al (US 2020/0187245, hereinafter Fuji, claiming priority date of provisional applications 62/627,313, 62/586,981, 62/564,430, 62/560,775 and 62/543,469), in view of Park et al (US 2019/0215872, hereinafter Park, claiming priority date of provisional application 62/586,185) and in view of Bangolae et al (US 2017/0251516, hereinafter Bangolae).
Regarding claim 1, Fuji discloses a method, comprising: downlink control signaling between a network and a terminal, said downlink control signaling comprising at least one control message indicative of activation or deactivation of early-data-transmission in a terminal in idle mode (eNB can notify the UE of whether to perform early data transmission prior to the RA procedure via DCI, Para [0127]/Fig. 10 and instruction from eNB whether to allow early data transmission or whether early data transmission is possible, Para [0105], there is a solution for initiating early data transmission for the contention-free RACH, Para [0438], UE in RRC idle mode, Para [0068]), and in accordance with the at least one control message, selectively employing the early-data-transmission (the UE can perform early data transmission or choose not to perform early data transmission, Para [0131]. Also see pages 15, 17-18, 25 and Fig. 10 from provisional application 62/627,313); wherein the at least one control message is a Layer 3 control message communicated upon release of a user-plane data connection between the terminal and the network (RRC connection release message may include information indicating the UE may perform the early data transmission, Para [0115]); but not wherein the control message is indicative of a rule set for activation or deactivation of the early-data-transmission which depends on a channel quality, the rule set specifies a threshold channel quality for a measured channel quality by the terminal based on a received signal strength. Park discloses the request for EDT is determined based on reference signal received power, Para [0017] and a specific RSRP may be configured by the base station, Para [0790]. Also see page 58 from provisional 62/586,185. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Park and combine with teachings of Fuji in order to reduce battery consumption and other advancements for using EDT; and does not disclose wherein the early data transmission is further subject to a threshold rate. Bangolae discloses small data should not be sent very frequently and frequency (i.e. rate) of data transmission should be within a defined threshold, Para [0032], there are mechanisms/rules to prevent UE from misusing the small data transmissions, Para [0024]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Bangolae and combine with teachings of Fuji and Park in order to prevent abuse of the EDT mechanism by sending small data too frequently.
Regarding claim 15, Fuji discloses a device (UE and/or eNB, Fig. 2/3) comprising control circuitry configured to perform: receiving downlink control signaling between a network and a terminal, said downlink control signaling comprising at least one control message indicative of activation or deactivation of small-data-transmission in a terminal in idle mode (eNB can notify the UE of whether to perform early data transmission prior to the RA procedure via DCI, Para [0127]/Fig. 10 and instruction from eNB whether to allow early data transmission or whether early data transmission is possible, Para [0105], there is a solution for initiating early data transmission for the contention-free RACH, Para [0438], obvious to one of ordinary skill, CFRA does not use MSG3 therefore the data payload would be in MSG1), and in accordance with the control message: selectively employing the early-data-transmission (the UE can perform early data transmission or choose not to perform early data transmission, Para [0131]. Also see pages 17-18, 25 and Fig. 10 from provisional application 62/627,313); wherein the control message is a Layer 3 control message communicated upon release of a user-plane data connection between the terminal and the network (RRC connection release message may include information indicating the UE may perform the early data transmission, Para [0115]); but not wherein the control message is indicative of a rule set for activation or deactivation of the early-data-transmission which depends on a channel quality, the rule set specifies a threshold channel quality for a measured channel quality by the terminal based on a received signal strength. Park discloses the request for EDT is determined based on reference signal received power, Para [0017] and a specific RSRP may be configured by the base station, Para [0790]. Also see page 58 from provisional 62/586,185. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Park and combine with teachings of Fuji in order to reduce battery consumption and other advancements for using EDT; and does not disclose wherein the early data transmission is further subject to a threshold rate. Bangolae discloses small data should not be sent very frequently and frequency (i.e. rate) of data transmission should be within a defined threshold, Para [0032], there are mechanisms/rules to prevent UE from misusing the small data transmissions, Para [0024]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Bangolae and combine with teachings of Fuji and Park in order to prevent abuse of the EDT mechanism by sending small data too frequently.
Regarding claim 19, Fuji discloses the method of claim 1, but not wherein the threshold channel quality and an instantaneous channel quality measured by the terminal based on a received signal strength, selectively employing the EDT. Park discloses EDT conditions may be configured by the BS based on a CE level and/or RSRP, Para [0790], EDT conditions being the rule set for EDT, the BS request EDT, only for UEs satisfying specific conditions (i.e. rules), Para [0787], obvious to selectively employ EDT based on the rule. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Park and combine with teachings of Fuji in order to reduce battery consumption and other advancements for using EDT.
Regarding claim 20, Fuji discloses a network node (eNB with controller and transmitter, Fig.3) comprising an interface and control circuitry configured to perform: transmitting downlink control signaling to a terminal, said downlink control signaling comprising at least one control message indicative of activation or deactivation of small-data-transmission in a terminal in idle mode (eNB can notify the UE of whether to perform early data transmission prior to the RA procedure via DCI, Para [0127]/Fig. 10 and instruction from eNB whether to allow early data transmission or whether early data transmission is possible, Para [0105], there is a solution for initiating early data transmission for the contention-free RACH, Para [0438], obvious to one of ordinary skill, CFRA does not use MSG3 therefore the data payload would be in MSG1), and in accordance with the control message: selectively employing the early-data-transmission (the UE can perform early data transmission or choose not to perform early data transmission, Para [0131]. Also see pages 17-18, 25 and Fig. 10 from provisional application 62/627,313); wherein the control message is a Layer 3 control message communicated upon release of a user-plane data connection between the terminal and the network (RRC connection release message may include information indicating the UE may perform the early data transmission, Para [0115]); but not wherein the control message is indicative of a rule set for activation or deactivation of the early-data-transmission which depends on a channel quality, the rule set specifies a threshold channel quality for a measured channel quality by the terminal based on a received signal strength. Park discloses the request for EDT is determined based on reference signal received power, Para [0017] and a specific RSRP may be configured by the base station, Para [0790]. Also see page 58 from provisional 62/586,185. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Park and combine with teachings of Fuji in order to reduce battery consumption and other advancements for using EDT; and does not disclose wherein the early data transmission is further subject to a threshold rate. Bangolae discloses small data should not be sent very frequently and frequency (i.e. rate) of data transmission should be within a defined threshold, Para [0032], there are mechanisms/rules to prevent UE from misusing the small data transmissions, Para [0024]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Bangolae and combine with teachings of Fuji and Park in order to prevent abuse of the EDT mechanism by sending small data too frequently.
Claims 2, 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fuji, in view of Park, in view of Bangolae and in view of Rune et al (US 2014/0004857, hereinafter Rune).
Regarding claim 2, Fuji discloses the method of claim 1, but not wherein the control message triggers mandatory early-data-transmission at least for a timeout time duration. Rune discloses the DCI includes access restriction information, Para [0016], which can restrict user from access to the cell, Para [0007] and the access restriction is valid for a first time period, Para [0112], therefore obvious if the UE is restricted for a time period would have to perform EDT instead for that time. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rune and combine with teachings of Fuji in view of Park and Bangolae in order to reduce load on the system, efficiently use radio resources and allow some users access at the expense of other users.
Regarding claim 3, Fuji discloses the method of claim 1, but not wherein the control message is indicative of an access restriction for setup of a user-plane data connection between the terminal and the network. Rune discloses the DCI includes access restriction information, Para [0016], which can restrict user from accessing the cell, Para [0007] and the access restriction is valid for a first time period, Para [0112]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rune and combine with teachings of Fuji in view of Park and Bangolae in order to reduce load on the system, efficiently use radio resources and allow some users access at the expense of other users.
Regarding claim 18, Fuji discloses the method of claim 1, but not wherein the control message indicates one or more parameters that trigger mandatory early-data-transmission. Rune discloses the DCI includes access restriction information, Para [0016], which can restrict user from access to the cell, Para [0007] and the access restriction is valid for a first time period, Para [0112], therefore obvious if the UE is restricted for a time period would have to perform EDT instead for that time. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rune and combine with teachings of Fuji in view of Park and Bangolae in order to reduce load on the system, efficiently use radio resources and allow some users access at the expense of other users.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fuji, in view of Park, in view of Bangolae and in view of 3GPP paper “EDT indication via PRACH” (R2-1713057, hereinafter Ericsson, disclosed by the Applicant in the IDS).
Regarding claim 5, Fuji discloses the method of claim 1, but not wherein the control message is indicative of a rule set for activation or deactivation of the early-data-transmission which depends on a coverage enhancement level for repetitive data transmission. Fuji discloses enhanced coverage includes repetition of transmissions, Para [0077]. Park discloses EDT is determined based on CE level, Para [0017]. Ericsson discloses EDT indication is configured per enhanced coverage level, page 19 and in view of the combination obvious to send the indication in the DCI as disclosed in Fuji. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Ericsson and combine with teachings of Fuji in view with Park and Bangolae in order to alternative options and methods for handling EDT indications and other related issues.
Claims 6-12, 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Fuji, in view of Park, in view of Bangolae, in view of Hoglund et al (US 2023/0199617, hereinafter Hoglund, claiming priority date of provisional application 62/577,463) and in view of 3GPP paper “Discussion on some FFSes on EDT” (R2-1713713, hereinafter Qualcomm, disclosed by the Applicant in the IDS).
Regarding claim 7, Fuji discloses the method/device/network of claim 1/15/20, but not wherein the control message is indicative of at least one of a threshold count and a threshold rate of the early-data-transmission. Qualcomm discloses EDT procedure should not be misused when the UE has a large amount of data by initiating a series of EDT instead of initiating a RRC connection request and implementing a counter parameter to limit the number (i.e. threshold count) of EDT initiations to address the issue, page 2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Qualcomm and Hoglund and combine with teachings of Fuji in view of Park and Bangolae in order to prevent misuse of the EDT procedure and avoid collisions of Msg 3 from different UEs.
Regarding claim 6, Fuji discloses the method of claim 1, wherein the control message is indicative of a rule set for activation or deactivation the early-data transmission which depends on an amount of uplink payload data (information indicating the allowable amount of data for early data transmission can be transmitted to the UE, Para [0136]).
Regarding claim 8, Fuji discloses the method of claim 1, wherein the early-data-transmission comprises an uplink request for the transmission of payload data, wherein the early-data transmission comprises a downlink acknowledgement of the uplink request (UE notifies eNB of the need for early data transmission and eNB can respond with information for the UE to perform early data transmission, Para [0114-115], seen as request and acknowledgement of the request).
Regarding claim 9, Fuji discloses the method of claim 1, wherein said downlink control signaling is cell specific for a cell of the network (Hoglund discloses cell-specific EDT indication, Para [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Hoglund and combine with teachings of Fuji in view of Park in order to avoid wasting resources during early data transmission; nor discloses the command being valid for a certain category or type of terminal.
Regarding claim 10, Fuji discloses the method of claim 1, wherein said downlink control signaling is terminal specific for the terminal or a plurality of terminals (Hoglund discloses UE-specific EDT indication, Para [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Hoglund and combine with teachings of Fuji in view of Park in order to avoid wasting resources during early data transmission; nor discloses the command being valid for a certain category or type of terminal.
Regarding claim 11, Fuji discloses the method of claim 1, wherein said downlink control signaling comprises transmission of a broadcasted information block of a cell of the network (eNB may broadcast allowable amount of data for early data transmission, Para [0136], further broadcast DCI is known in the art).
Regarding claim 12, Fuji discloses the method of claim 1, wherein said downlink control signaling comprises a one-to-one transmission of the control message (eNB transmits unicast message for allowable amount of data for early data transmission, Para [0136], further unicast DCI is known in the art).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Fuji, in view of Park, in view of Bangolae and in view of Tamura et al (US 2021/00763006, hereinafter Tamura).
Regarding claim 14, Fuji discloses the method of claim 1, but not wherein the control message is indicative of activation or deactivation of the early-data-transmission for a timeout time duration. Tamura discloses an EDT back-off timer, where the UE does not attempt EDT until the timer expires, Para [0058], notified by signaling to UE, Para [0057]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Tamura and combine with teachings of Fuji in view of Park and Bangolae in order to restrict EDT feature to benefit specific subscribers and have more control over EDT process.
Response to Arguments
Applicant's arguments filed 1/29/2026 have been fully considered but they are not persuasive. Applicant argues the references do not disclose the amended limitations. Applicant argues Park does not disclose the RRC connection Release message, which is disclosed by the Fuji reference. Applicant argues the claim has additional feature of dynamically adjusting the RSSI threshold via an RRC release message. In response, Applicant argues Park does not disclose the limitation that is disclosed by Fuji. Further Applicant argues over features that are not in the claim. The independent claim does not mention dynamically adjusting an RSSI threshold via an RRC release message. Further the at least one control message includes a layer 3 control message communicated upon release of the user plane data connection, meaning there could be other control messages indicating a rule set for activation or deactivation of EDT. A new reference is also being used to teach the newly amended limitation in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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