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 .
Responsive to amendments filed on 07/17/2026.
Claims 1, 7-9, 13, 15-17, 21, 23-25, 29, and 31-32 have been amended. Claims 33-47 are newly added. Claims 1-47 remain pending.
Response to Arguments
Applicant’s amendments and remarks filed in an amendment dated 07/17/2026 have been fully considered and they are persuasive. The amendments have overcome the prior art rejections and have placed the claims in condition for allowance, with the exception of the Double Patenting rejections which are held here.
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).
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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 message comprising: a wireless device capability binary parameter (claim 6) having a first value that indicates 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 and based on the wireless device capability binary parameter having the first value that indicates that the wireless device supports the Ethernet PDU session type, a second 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 second 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, wherein the first message further comprises 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 second 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 message comprising: a wireless device capability binary parameter (claim 6) having a first value that indicates 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 and based on the wireless device capability binary parameter having the first value that indicates that the wireless device supports the Ethernet PDU session type, a second 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 second 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, wherein the first message further comprises 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 second 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 message comprising: a wireless device capability binary parameter (claim 13) having a first value that indicates 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, and based on the wireless device capability binary parameter having the first value that indicates that the wireless device supports the Ethernet PDU session type, a second 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 second 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 first message further comprises 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 second 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 message comprising: a wireless device capability binary parameter (claim 13) having a first value that indicates whether 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 and based on the wireless device capability binary parameter having the first value that indicates that the wireless device supports the Ethernet PDU session type, 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 second 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 first message further comprises 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 second 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).
Allowable Subject Matter
Claims 1-47 are allowed over the prior art.
Applicant’s amendments and remarks have been fully considered and they are persuasive. The claims have been amended, and new claims added, that recite language similar to the language of the parent cases. Thus, the claims are deemed allowable.
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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
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/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
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