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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 01/23/2026 has been entered.
Claims 1-32 remain pending.
Response to Arguments
Applicant’s amendments and remarks filed in an RCE have been fully considered and they are not persuasive. Namely, the independent claims have been amended to indicate that a wireless device capability parameter is a “binary” that uses a value to indicate “support” and a second value to indicate “does not support”.
Firstly, this claim language is believed to be met by the cited references, and more specifically by the Liu reference. Liu discloses – as has been extensively explained in previous office actions and that was further affirmed by the Board of Appeals – a UE session management (SM) capability indications (paragraph 0035, for example). As further explained in Table 1, these indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044. This teachings are believed to meet the claim language.
Secondly, as was stated in the Board of Appeals decision, the elements in the claims constitute non-functional descriptive material (see pages 8-11, for example). The current amendments don’t appear to address the issues addressed in the decision. The claims continue to not show a functional relationship between the parameters and the sending and receiving steps of the claims. By merely stating that the capability parameter is binary, it does not provide any functional relationship between the steps of the claims. And, by the language still constituting non-functional descriptive material, the intended meaning or function of the parameters’ data does not serve to patentably distinguish over the cited prior art. Accordingly, the claims remain rejected over the prior art.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 4-18, and 20-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 10,812,629. Although the claims at issue are not identical, they are not patentably distinct from each other because they are directed to the same concepts of communication associated with Ethernet PDUs, more specifically, to using compressed headers based on UE capabilities.
Regarding claim 1 10,812,629 discloses a method comprising: sending, by a wireless device to an access and mobility management function (AMF) device via a base station: a first value, of a wireless device capability binary parameter (claim 6), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (claim 1), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (claim 6); and a PDU session type parameter indicating a type of a requested PDU session, wherein the requested PDU session is between the wireless device and a core network user plane function (UPF) device (claim 3); and receiving, by the wireless device, a message comprising an Ethernet header compression parameter for the requested PDU session (claim 1).
Regarding claim 2 10,812,629 discloses the method of claim 1, further comprising compressing, by the wireless device and based on the Ethernet header compression parameter, an Ethernet header (claim 2); and sending, by the wireless device, an Ethernet frame comprising the Ethernet header (claim 1).
Regarding claim 4 10,812,629 discloses the method of claim 1, wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (claim 4).
Regarding claim 5 10,812,629 discloses the method of claim 1, wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type (claim 5), and wherein the method further comprises: wherein the method further comprises sending, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (claim 5).
Regarding claim 6 10,812,629 discloses the method of claim 1, wherein the Ethernet header compression parameter is determined based on at least one of the wireless device capability binary parameter or the PDU session type parameter (claim 6).
Regarding claim 7 10,812,629 discloses the method of claim 1, further comprising: sending, by the wireless device to the AMF device via the base station, wireless device capability information indicating at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (claim 7).
Regarding claim 8 10,812,629 discloses the method of claim 1, further comprising receiving, by the wireless device from the base station, a request for the wireless device capability parameter (claim 1), wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer, wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter (claim 1), and wherein the method further comprises sending an Ethernet frame via the bearer (claim 1).
Regarding claim 9 10,812,629 discloses a method comprising: receiving, by a base station from a wireless device: a first value, of a wireless device capability binary parameter (claim 6), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (claim 8), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (claim 6); and a PDU session type parameter indicating a type of a requested PDU session, wherein the requested PDU session is between the wireless device and a core network user plane function (UPF) device (claim 10); and sending, to the wireless device, a message comprising an Ethernet header compression parameter for the requested PDU session (claim 8).
Regarding claim 10 10,812,629 discloses the method of claim 9, further comprising decompressing, based on the Ethernet header compression parameter, an Ethernet header of an Ethernet frame (claim 9).
Regarding claim 11 10,812,629 discloses the method of claim 9, further comprising receiving, from the wireless device, an Ethernet frame comprising an Ethernet header that is compressed based on the Ethernet header compression parameter (claim 8).
Regarding claim 12 10,812,629 discloses the method of claim 9, wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (claim 11).
Regarding claim 13 10,812,629 discloses the method of claim 9, wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type (claim 12), and wherein the method further comprises receiving, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (claim 12).
Regarding claim 14 10,812,629 discloses the method of claim 9, further comprising: determining, based on at least one of the wireless device capability binary parameter or the PDU session type parameter, the Ethernet header compression parameter (claim 13).
Regarding claim 15 10,812,629 discloses the method of claim 9, further comprising: receiving, by the base station from the wireless device, wireless device capability information indicating at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (claim 14).
Regarding claim 16 10,812,629 discloses the method of claim 9, further comprising sending, by the base station to the wireless device, a request for the wireless device capability parameter (claim 8), wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer (claim 8), wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter, and wherein the method further comprises receiving an Ethernet frame via the bearer (claim 8).
Regarding claim 17 10,812,629 discloses a wireless device comprising: one or more processors (claim 15); and memory storing instructions that (claim 15), when executed by the one or more processors, cause the wireless device to: send, to an access and mobility management function (AMF) device via a base station: a first value, of a wireless device capability binary parameter (claim 13), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (claim 15), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (claim 13); and a PDU session type parameter indicating a type of a requested PDU session, wherein the requested PDU session is between the wireless device and a core network user plane function (UPF) device (claim 17); and receive a message comprising an Ethernet header compression parameter for the requested PDU session (claim 15).
Regarding claim 18 10,812,629 discloses the wireless device of claim 17, wherein the instructions, when executed by the one or more processors, further cause the wireless device to compress, based on the Ethernet header compression parameter, an Ethernet header (claim 16); and send an Ethernet frame comprising the Ethernet header (claim 15).
Regarding claim 20 10,812,629 discloses the wireless device of claim 17, wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (claim 4).
Regarding claim 21 10,812,629 discloses the wireless device of claim 17, wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type, and wherein the instructions, when executed by the one or more processors, further cause the wireless device to send, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (claim 18).
Regarding claim 22 10,812,629 discloses the wireless device of claim 17, wherein the Ethernet header compression parameter is determined based on at least one of the wireless device capability binary parameter or the PDU session type parameter (claim 6).
Regarding claim 23 10,812,629 discloses the wireless device of claim 17, wherein the instructions, when executed by the one or more processors, further cause the wireless device to: send, to the AMF device via the base station, wireless device capability information indicating at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (claim 17).
Regarding claim 24 10,812,629 discloses the wireless device of claim 17, wherein the instructions, when executed by the one or more processors, further cause the wireless device to receive, from the base station, a request for the wireless device capability binary parameter (claims 13, 18), wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer, wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter (claim 18), and wherein the instructions, when executed by the one or more processors, further cause the wireless device to send an Ethernet frame via the bearer (claim 18).
Regarding claim 25 10,812,629 discloses a base station comprising: one or more processors (claim 19); and memory storing instructions that (claim 19), when executed by the one or more processors, cause the base station to: receive, from a wireless device: a first value, of a wireless device capability binary parameter (claim 13), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (claim 19), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (claim 13); and a PDU session type parameter indicating a type of a requested PDU session, wherein the requested PDU session is between the wireless device and a core network user plane function (UPF) device (claim 21); and send, to the wireless device, a message comprising an Ethernet header compression parameter for the requested PDU session (claim 19).
Regarding claim 26 10,812,629 discloses the base station of claim 25, wherein the instructions, when executed by the one or more processors, further cause the base station to decompress, based on the Ethernet header compression parameter, an Ethernet header of an Ethernet frame (claim 20).
Regarding claim 27 10,812,629 discloses the base station of claim 25, wherein the instructions, when executed by the one or more processors, further cause the base station to receive, from the wireless device, an Ethernet frame comprising an Ethernet header that is compressed based on the Ethernet header compression parameter (claim 21).
Regarding claim 28 10,812,629 discloses the base station of claim 25, wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (claim 11).
Regarding claim 29 10,812,629 discloses the base station of claim 25, wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type, and wherein the instructions, when executed by the one or more processors, further cause the base station to receive, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (claim 22).
Regarding claim 30 10,812,629 discloses the base station of claim 25, wherein the instructions, when executed by the one or more processors, further cause the base station to: determine, based on at least one of the wireless device capability binary parameter or the PDU session type parameter, the Ethernet header compression parameter (claim 13).
Regarding claim 31 10,812,629 discloses the base station of claim 25, wherein the instructions, when executed by the one or more processors, further cause the base station to: receive, from the wireless device, wireless device capability information indicating at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (claim 21).
Regarding claim 32 10,812,629 discloses the base station of claim 25, wherein the instructions, when executed by the one or more processors, further cause the base station to send, to the wireless device, a request for the wireless device capability binary parameter (claim 22), wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer (claim 22), wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter, and wherein the instructions, when executed by the one or more processors, further cause the base station to receive an Ethernet frame via the bearer (claim 22).
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 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.
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 1-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US Patent Application Publication 2019/0116517) in view of Qiao et al. (US Patent Application Publication 2019/0116521; hereinafter Qiao).
Regarding claim 1 Liu discloses a method comprising:
sending, by a wireless device to an access and mobility management function (AMF) device via a base station (fig. 1B, step 102, where a wireless device sends a session establishment request to an AMF device):
a first value, of a wireless device capability binary parameter (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (paragraphs 0027, 0035-0039, 0044; wherein the session establishment request message includes UE session management capability information that indicates a capability support, wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044); and
a PDU session type parameter indicating a type of a requested PDU session (paragraph 0039; a PDU session establishment request message including a PDU session identifier (ID), a PDU session type), wherein the requested PDU session is between the UE and a core network user plane function (UPF) device (paragraphs 0028, 0049, 0087; with a PDU session established uses an SMF to select a UPF to anchor the session).
Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses receiving, by the wireless device, a message comprising an Ethernet header compression parameter for the requested PDU session (paragraphs 0185-0186; the network node transmits a reconfiguration message to the UE including profiles for header compression). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 2 the modified Liu discloses the method of claim 1. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses further comprising compressing, by the wireless device and based on the Ethernet header compression parameter, an Ethernet header (paragraphs 0192, 0221; with the UE creating a compressed header and transmitting a PDU with compressed header); and sending, by the wireless device, an Ethernet frame comprising the Ethernet header (paragraph 0192; UE creates a compressed header and transmits a PDU comprising the header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 3 the modified Liu discloses the method of claim 1, wherein the sending comprises: sending, by the wireless device to the AMF device via the base station, a network access non-access stratum (NAS) layer message comprising at least one of: an attach request message, a registration request message, a tracking area update request message, or a registration area update request message (paragraphs 0027, 0046, 0056; NAS registration/attachment).
Regarding claim 4 the modified Liu discloses the method of claim 1. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (paragraph 0105; UE 100 sets the requested PDU type during the PDU session establishment procedure based on its IP stack capabilities and configuration). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 5 the modified Liu discloses the method of claim 1. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type (paragraph 0185; PDCP parameters for data radio bearer in reconfiguration message sent from the network node to the UE), and wherein the method further comprises: wherein the method further comprises sending, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (paragraphs 0168, 0169, 0281; wherein one Ethernet frame comprises at least a transport block, and the bearer frames are transmitted from UE to network node). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 6 the modified Liu discloses the method of claim 1. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the Ethernet header compression parameter is determined based on at least one of the wireless device capability binary parameter or the PDU session type parameter (paragraphs 0173-0176; header compression based on PDU session type). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 7 the modified Liu discloses the method of claim 1. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses further comprising: sending, by the wireless device to the AMF device via the base station, wireless device capability information indicating at least one indication field indicates at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (paragraphs 0175-0176; capability indication field; paragraph 0175; Ethertype, for example). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 8 the modified Liu discloses the method of claim 1, further comprising receiving, by the wireless device from the base station, a request for the wireless device capability binary parameter (paragraph 0026; wherein the network requests session management capability information from the UE). Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer (paragraphs 0185-0186; the network node transmits an RRC reconfiguration message to the UE including profiles for header compression), wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter (paragraphs 0185-0186; capability support parameter), and wherein the method further comprises sending an Ethernet frame via the bearer (paragraph 0192; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 9 Qiao discloses a method comprising:
receiving, by a base station from a wireless device:
a first value, of a wireless device capability binary parameter (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (paragraphs 0027, 0035-0039, 0044; wherein the session establishment request message includes UE session management capability information that indicates a capability support, wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044); and
a PDU session type parameter indicating a type of a requested PDU session (paragraph 0039; a PDU session establishment request message including a PDU session identifier (ID), a PDU session type), wherein the requested PDU session is between the UE and a core network user plane function (UPF) device (paragraphs 0028, 0049, 0087; with a PDU session established uses an SMF to select a UPF to anchor the session).
Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses sending, to the wireless device, a message comprising an Ethernet header compression parameter for the requested PDU session (paragraphs 0185-0186; the network node transmits a reconfiguration message to the UE including profiles for header compression). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 10 the modified Liu discloses the method of claim 9. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses further comprising decompressing, based on the Ethernet header compression parameter, an Ethernet header of an Ethernet frame (paragraphs 0192, 0221; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 11 the modified Liu discloses the method of claim 9. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses further comprising receiving, from the wireless device, an Ethernet frame comprising an Ethernet header that is compressed based on the Ethernet header compression parameter (paragraph 0192; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 12 the modified Liu discloses the method of claim 9. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (paragraph 0105; UE 100 sets the requested PDU type during the PDU session establishment procedure based on its IP stack capabilities and configuration). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 13 the modified Liu discloses the method of claim 9. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type (paragraph 0185; PDCP parameters for data radio bearer in reconfiguration message sent from the network node to the UE), and wherein the method further comprises receiving, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (paragraphs 0168, 0169, 0281; wherein one Ethernet frame comprises at least a transport block, and the bearer frames are transmitted from UE to network node). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 14 the modified Liu discloses the method of claim 9. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses further comprising: determining, based on at least one of the wireless device capability binary parameter or the PDU session type parameter, the Ethernet header compression parameter (paragraphs 0173-0176; header compression based on PDU session type). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 15 the modified Liu discloses the method of claim 9. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses further comprising: receiving, by the base station from the wireless device, wireless device capability information indicating at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (paragraphs 0175-0176; capability indication field; paragraph 0175; Ethertype, for example). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 16 the modified Liu discloses the method of claim 9, further comprising receiving, by the wireless device from the base station, a request for the wireless device capability binary parameter (paragraph 0026; wherein the network requests session management capability information from the UE). Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer (paragraphs 0185-0186; the network node transmits an RRC reconfiguration message to the UE including profiles for header compression), wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter (paragraphs 0185-0186; capability support parameter), and wherein the method further comprises receiving an Ethernet frame via the bearer (paragraph 0192; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 17 Qiao discloses a wireless device (fig. 3, UE 310; fig. 4) comprising:
one or more processors (fig. 3, processors (s) 314; fig. 4, processor 418); and
memory storing instructions (fig. 3, memory and instructions 316, 318; fig. 4, memories 430, 432) that, when executed by the one or more processors, cause the wireless device to:
send, to an access and mobility management function (AMF) device via a base station:
a first value, of a wireless device capability binary parameter (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (paragraphs 0027, 0035-0039, 0044; wherein the session establishment request message includes UE session management capability information that indicates a capability support, wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044); and
a PDU session type parameter indicating a type of a requested PDU session (paragraph 0039; a PDU session establishment request message including a PDU session identifier (ID), a PDU session type), wherein the requested PDU session is between the UE and a core network user plane function (UPF) device (paragraphs 0028, 0049, 0087; with a PDU session established uses an SMF to select a UPF to anchor the session).
Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses receive a message comprising an Ethernet header compression parameter for the requested PDU session (paragraphs 0185-0186; the network node transmits a reconfiguration message to the UE including profiles for header compression). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 18 the modified Liu discloses the wireless device of claim 17. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the instructions, when executed by the one or more processors, further cause the wireless device to compress, based on the Ethernet header compression parameter, an Ethernet header (paragraphs 0192, 0221; with the UE creating a compressed header and transmitting a PDU with compressed header); and send an Ethernet frame comprising the Ethernet header (paragraph 0192; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 19 the modified Liu discloses the wireless device of claim 17, wherein the instructions, when executed by the one or more processors, cause the wireless device to send the wireless device capability binary parameter by: sending, to the AMF device via the base station, a network access non-access stratum (NAS) layer message comprising at least one of: an attach request message, a registration request message, a tracking area update request message, or a registration area update request message (paragraphs 0027, 0046, 0056; NAS registration/attachment).
Regarding claim 20 the modified Liu discloses the wireless device of claim 17. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (paragraph 0105; UE 100 sets the requested PDU type during the PDU session establishment procedure based on its IP stack capabilities and configuration). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 21 the modified Liu discloses the wireless device of claim 17. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type (paragraph 0185; PDCP parameters for data radio bearer in reconfiguration message sent from the network node to the UE), and wherein the instructions, when executed by the one or more processors, further cause the wireless device to send, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (paragraphs 0168, 0169, 0281; wherein one Ethernet frame comprises at least a transport block, and the bearer frames are transmitted from UE to network node). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 22 the modified Liu discloses the wireless device of claim 17. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the Ethernet header compression parameter is determined based on at least one of the wireless device capability binary parameter or the PDU session type parameter (paragraphs 0173-0176; header compression based on PDU session type). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 23 the modified Liu discloses the wireless device of claim 17. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein instructions, when executed by the one or more processors, further cause the wireless device to: send, to the AMF device via the base station, wireless device capability information indicating at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (paragraphs 0175-0176; capability indication field; paragraph 0175; Ethertype, for example). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 24 the modified Liu discloses the wireless device of claim 17, receiving, by the wireless device from the base station, a request for the wireless device capability binary parameter (paragraph 0026; wherein the network requests session management capability information from the UE). Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer (paragraphs 0185-0186; the network node transmits an RRC reconfiguration message to the UE including profiles for header compression), wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter (paragraphs 0185-0186; capability support parameter), and wherein the instructions, when executed by the one or more processors, further cause the wireless device to send an Ethernet frame via the bearer (paragraph 0192; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 25 Qiao discloses a base station (fig. 3, network node 320) comprising:
one or more processors (fig. 3, processor(s) 324); and
memory storing instructions that (fig. 3, memory and instructions 326, 328), when executed by the one or more processors, cause the base station to:
receive, from a wireless device:
a first value, of a wireless device capability binary parameter (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), indicating that the wireless device supports an Ethernet packet data unit (PDU) session type (paragraphs 0027, 0035-0039, 0044; wherein the session establishment request message includes UE session management capability information that indicates a capability support, wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044), wherein a second value of the wireless device capability binary parameter indicates that the wireless device does not support the Ethernet PDU session type (paragraphs 0035-0037, Table 1; indications are binary values where “0” indicates no support of a capability, and “1” indicates support of a capability; wherein this support is indicated when the UE requests a PDU session of, for example, an Ethernet type as seen in paragraph 0039, 0044); and
a PDU session type parameter indicating a type of a requested PDU session (paragraph 0039; a PDU session establishment request message including a PDU session identifier (ID), a PDU session type), wherein the requested PDU session is between the UE and a core network user plane function (UPF) device (paragraphs 0028, 0049, 0087; with a PDU session established uses an SMF to select a UPF to anchor the session).
Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses send, to the wireless device, a message comprising an Ethernet header compression parameter for the requested PDU session (paragraphs 0185-0186; the network node transmits a reconfiguration message to the UE including profiles for header compression). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 26 the modified Liu discloses the base station of claim 25. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the instructions, when executed by the one or more processors, further cause the base station to decompress, based on the Ethernet header compression parameter, an Ethernet header of an Ethernet frame (paragraphs 0192, 0221; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 27 the modified Liu discloses the base station of claim 25. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the instructions, when executed by the one or more processors, further cause the base station to receive, from the wireless device, an Ethernet frame comprising an Ethernet header that is compressed based on the Ethernet header compression parameter (paragraph 0192; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 28 the modified Liu discloses the base station of claim 25. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the PDU session type parameter indicates the Ethernet PDU session type as the type of the requested PDU session (paragraph 0105; UE 100 sets the requested PDU type during the PDU session establishment procedure based on its IP stack capabilities and configuration). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 29 the modified Liu discloses the base station of claim 25. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message further comprises an indication of addition of a bearer of the Ethernet PDU session type (paragraph 0185; PDCP parameters for data radio bearer in reconfiguration message sent from the network node to the UE), and wherein the instructions, when executed by the one or more processors, further cause the base station to receive, via at least one resource block of at least one cell of the base station, transport blocks comprising Ethernet frames of the bearer (paragraphs 0168, 0169, 0281; wherein one Ethernet frame comprises at least a transport block, and the bearer frames are transmitted from UE to network node). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 30 the modified Liu discloses the base station of claim 25. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the instructions, when executed by the one or more processors, further cause the base station to: determine, based on at least one of the wireless device capability binary parameter or the PDU session type parameter, the Ethernet header compression parameter (paragraphs 0173-0176; header compression based on PDU session type). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 31 the modified Liu discloses the base station of claim 25. Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the instructions, when executed by the one or more processors, further cause the base station to: receive, from the wireless device, wireless device capability information indicating at least one of: a transmission bit rate, multiple Ethernet addresses for the wireless device, or an Ethernet standard version (paragraphs 0175-0176; capability indication field; paragraph 0175; Ethertype, for example). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Regarding claim 32 the modified Liu discloses the base station of claim 25, receiving, by the wireless device from the base station, a request for the wireless device capability binary parameter (paragraph 0026; wherein the network requests session management capability information from the UE). Liu fails to explicitly disclose but Qiao, in the same field of endeavor related to PDU session establishment, discloses wherein the message comprises a radio resource control (RRC) message comprising one or more bearer configuration parameters of a bearer (paragraphs 0185-0186; the network node transmits an RRC reconfiguration message to the UE including profiles for header compression), wherein the one or more bearer configuration parameters comprise the Ethernet header compression parameter (paragraphs 0185-0186; capability support parameter), and wherein the instructions, when executed by the one or more processors, further cause the base station to receive an Ethernet frame via the bearer (paragraph 0192; with the UE creating a compressed header and transmitting a PDU with compressed header). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the teachings of Liu with the teachings of Qiao in order to improve network performance (Qiao: paragraph 0171).
Prior art made of record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2014/0355516 to Baudoin et al. – which discloses a method for transmitting data between a terminal and a gateway, the data being transported by Ethernet frames comprising an Ethernet header and a payload, which are themselves encapsulated in lower level packets each comprising a header containing a medium access address.
Conclusion
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/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
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