Notice of Pre-AIA or AIA Status
1. 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
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 08/24/2026 has been entered.
Response to Arguments
3. Applicant’s arguments with respect to claims and in view of the current amendment to claims have been considered but are moot, please refer below for details.
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
A) Claims 1, 10, 19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over CHO (WO 2018/128452 A1) in view of TURTINEN (US 2020/0053592 A1).
As per claim 1, CHO teaches a method of wireless communications performed by a user equipment (UE) (¶0071-73, a method of wireless communications performed by UE) , comprising: receiving a non-access stratum (NAS) protocol data unit (PDU) session modification command for a PDU session that adds a new quality of service (QoS) flow having a first QoS flow identifier (QFI) (¶0071-73 and ¶0089, receiving NAS PDU session establishment/modification message that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID); and transmitting the uplink data associated with the QoS flow having the first QFI when QoS flow to DRB mapping rule is received before expiration of the timer (¶0154-159, transmission of UL data for QoS flow having first DRB mapping before the timer expires).
However, CHO does not explicitly teach determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and preventing, during at least a portion of a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI.
In the same field of endeavor, TURTINEN teaches determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and preventing, during at least a portion of a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed.
As per claim 10, CHO teaches an apparatus of wireless communications ( Fig.18, apparatus for wireless communication, comprising: memory comprising computer-executable instructions (Fig.18, memory); and one or more processors, individually or collectively (Fig.18, microprocessor), configured to: (¶0071-73 and ¶0089, receiving NAS PDU session establishment/modification message that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID); and transmit the uplink data associated with the QoS flow having the first QFI when QoS flow to DRB mapping rule is received before expiration of the timer (¶0154-159, transmission of UL data for QoS flow having first DRB mapping before the timer expires).
However, CHO does not explicitly teach determine that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; start a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and prevent, during at least a portion of a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI.
In the same field of endeavor, TURTINEN teaches determine that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); start a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and prevent, during at least a portion a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed.
As per claim 19, CHO teaches a non-transitory computer-readable medium comprising computer-executable instructions that, when executed by one or more processors of a user equipment (UE) (Fig.18, memory unit and executed by a processor of the UE), cause the UE to perform a method of wireless communications (¶0071-73, a method of wireless communications performed by UE) , the method comprising: receiving a non-access stratum (NAS) protocol data unit (PDU) session modification command for a PDU session that adds a new quality of service (QoS) flow having a first QoS flow identifier (QFI) (¶0071-73 and ¶0089, receiving NAS PDU session establishment/modification message that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID); and transmitting the uplink data associated with the QoS flow having the first QFI when QoS flow to DRB mapping rule is received before expiration of the timer (¶0154-159, transmission of UL data for QoS flow having first DRB mapping before the timer expires).
However, CHO does not explicitly teach determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and preventing, during at least a portion of a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI.
In the same field of endeavor, TURTINEN teaches determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and preventing, during at least a portion of a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed.
As per claim 23, CHO teaches an apparatus of wireless communications (Fig.18, apparatus for wireless communication, comprising: means for receiving a non-access stratum (NAS) protocol data unit (PDU) session modification command for a PDU session that adds a new quality of service (QoS) flow having a first QoS flow identifier (QFI) (¶0071-73 and ¶0089, receiving NAS PDU session establishment/modification message that update QoS rules (i.e. adding new quality) of QoS flow having first QoS flow ID); and means for transmitting the uplink data associated with the QoS flow having the first QFI when QoS flow to DRB mapping rule is received before expiration of the timer (¶0154-159, transmission of UL data for QoS flow having first DRB mapping before the timer expires).
However, CHO does not explicitly teach means for determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI; means for starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI; and means for preventing, during at least a portion of a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI.
In the same field of endeavor, TURTINEN teaches means for determining that the UE does not have an uplink QoS flow to data radio bearer (DRB) mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, determining that there is no uplink QoS flow to DRB mapping rule for QoS having QoS flow ID (QFI)); means for starting a timer based at least in part on the determination that the UE does not have the uplink QoS flow to DRB mapping rule for the QoS flow having the first QFI (Fig.3, ¶0083-85, starting the timer T1 based on the determination that the UE does not have the uplink QoS flow to DRB mapping rule); and means for preventing, during at least a portion of a period when the timer is running the UE from processing and transmitting uplink data associated with the QoS flow having the first QFI (Fig.3, ¶0083-86, within/during the time period of the configured timer T1 when there is a QoS flow remapping in the transmission buffer of the default DRB and the new packets of are buffered; therefore the relevant transmission is stopped or prevented as the packets are buffered).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed.
As per claim 39 as applied to claim 1 above, CHO does not explicitly teach receiving, before the expiration of the timer, the QoS flow to DRB mapping rule for the QoS flow having the first QFI; and processing the uplink data associated with the QoS flow having the first QFI using the received QoS flow to DRB mapping rule.
In the same field of endeavor, TURTINEN teaches receiving, before the expiration of the timer, the QoS flow to DRB mapping rule for the QoS flow having the first QFI (¶0068-71, receiving before the expiration of the timer, the QoS flow to DRB for the QoS flow having the first QFI); and processing the uplink data associated with the QoS flow having the first QFI using the received QoS flow to DRB mapping rule (¶0056 and ¶0060, processing UL data associated with QoS flow using DRB binding).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed.
As per claim 40 as applied to claim 39 above, TURTINEN further teaches wherein the QoS flow to DRB mapping rule is received via radio resource control (RRC) signaling (¶0060, receiving via RRC signaling).
As per claim 42 as applied to claim 1 above, CHO does not explicitly teach, wherein the NAS PDU session modification command adds one or more QoS rules associated with the QoS flow having the first QFI.
In the same field of endeavor, TURTINEN teaches wherein the NAS PDU session modification command adds one or more QoS rules associated with the QoS flow having the first QFI (¶0090-92, adding QoS rules associated with QoS flow).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teaching of TURTINEN into invention of CHO in order to determine using one or more conditional rules whether to send data from the new QoS flow using a default data radio bearer (DRB) or to trigger radio resource control (RRC) signaling to request a dedicated DRB for the new QoS flow to improve uplink and downlink speed.
As per claim 43 as applied to claim 1 above, CHO further teaches wherein preventing a service data adaptation protocol (SDAP) layer of the UE from processing and transmitting the uplink data associated with the QoS flow having the first QFI (¶0116 and ¶0131, not transmitting or processing the UL data from SDAP layer).
Allowable Subject Matter
5. Claims 28-29, 31-32, 34-35, 37-38, 41, and 44-46 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIDEH MADANI whose telephone number is (571)272-1249. The examiner can normally be reached Monday through Friday; 9 AM to 5 PM EST.
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/FARIDEH MADANI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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