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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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 6-13 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nam [US 2021/0036819] in view of Mochizuki [US 2021/0153262] and Zhu [US 2020/0162200]/ Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/0116159]/ Kim [US2005/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916].
As claims 1 and 11, Nam [US 2021/0036819] discloses a data transmission method, comprising: receiving, by a first terminal apparatus [Fig 5, Ref 104a], first data and first identification information of the first data from a first base station [Fig 5, Ref 104a for receiving transport block which includes identifier of data belong to access link from 102a such as encoding], wherein the first identification information identifies the first data [Fig 5, Ref 104a for receiving transport block which includes identifier of data belong to access link such as encoding], and wherein the first data and the first identification information are received through downlink [Fig 5, Ref 104a for receiving transport block which includes identifier of data belong to access link such as encoding]; receiving, by the first terminal apparatus, second data and second identification information of the second data from a second terminal apparatus wherein the second data is obtained by decoding or encoding the first data [Fig 5, Ref 104a receives data from 104b wherein 104b decodes the data from 102a and encodes the decoded data for transmitting to 104a such as first encoding, Par. 0041, 0079-0108], wherein the second identification information identifies the second data [Fig 5, encoding used to identify data], and wherein the second data and the second identification information are received through sidelink [Fig 5, encoding and data receives Ref 158a]; and determining, by the first terminal apparatus, based on the first identification information and the second identification information, that the first data and the second data belong to same data [Fig 12, Ref 1206 discloses a soft combine is perform for the first and second data based on the encoding of the first and second data are same or different, Par. 0015-0018, 0121-0122], combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination [Fig 12, Ref 1206 discloses a soft combine is perform for the first and second data based on the encoding of the first and second data are same or different, Par. 0015-0018, 0121-0122]. However, Nam fails to fully disclose identifier which identifies the data. In the same field of endeavor, Mochizuki [US 2021/0153262] discloses a data transmission method, comprising: receiving, by a first terminal apparatus [Fig 45, UE_rx for receiving one of duplicated packet having dedicated SN and IP SN, Par. 0690-0693, 0703-0704], first data and first identification information of the first data from a first base station [Fig 45, UE_rx for receiving one of duplicated packet “first data” having dedicated SN “first identifier”, Par. 0690-0693, 0703-0704, UE_rx receives duplicated packet from base station via Uu interface], wherein the first identification information identifies the first data [Fig 45, UE_rx for receiving one of duplicated packet having SN, Par. 0690-0693, 0703-0704, wherein SN is used to identified first data], and wherein the first data and the first identification information are received through downlink [Fig 45, UE_rx for receiving one of duplicated packet “first data” having SN “first identifier”, Par. 0690-0693, 0703-0704, UE_rx receives duplicated packet from base station via Uu interface which is downlink, Fig 43]; receiving, by the first terminal apparatus, second data and second identification information of the second data from a second terminal apparatus [Fig 45, UE_rx for receiving one of duplicated packet “second data” having dedicated SN “second identifier” and SN IP layer, Par. 0690-0693, 0703-0704, UE_rx receives duplicated packet from UE_tx via PC5 interface], wherein the second identification information identifies the second data [Fig 45, UE_rx for receiving one of duplicated packet having SN from UE_tx, Par. 0690-0693, 0703-0704, wherein SN is used to identified second data], and wherein the second data and the second identification information are received through sidelink [Fig 45, UE_rx for receiving one of duplicated packet “second data” having second SN “second identifier”, Par. 0690-0693, 0703-0704, UE_rx receives duplicated packet from UE_tx via PC5 interface which is sidelink, Fig 43]; and determining, by the first terminal apparatus, based on the first identification information and the second identification information, that the first data and the second data belong to same data [Par. 0690-0693, 0703-0704, Fig 47, Ref ST5512 disclose determining if first dedicated SN and second dedicated SN are same in order to determine data is the same]. However, Name and Mochizuki fails to disclose combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination or selective combination. In the same field of endeavor, Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916] discloses combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination or selective combination [Zhu discloses at Par. 0054, if the first and second packets are same then using soft combination, Liao disclose at Par. 0076, if the first and second packets are same then using soft combination, Muruganathan [US 2022/0070901] discloses at Par. 0053, if the first and second packets are same then using soft combination, Laselva [US 2022/116159] discloses Par. 0173; Kim [US 2005/0141443] at Par. 0023, selective combining, Hassan [US 2018/0287943] at Fig 4a, Moon [US 2005/0186916] Par. 0047].
Since, a method and system for combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination or selective combination is well known and expected in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination or selective combination as disclosed by Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916] into the teaching of Mochizuki which use identifier to identify first and second data into the teaching of Nam. The motivation would have been to improve reliable of the system.
As claims 2 and 12, Mochizuki [US 2021/0153262] discloses the first identification information comprises a first identifier that identifies the first data [Par. 0690-0693, 0703-0704 disclose SN is first identifier for identify the first data], the second identification information comprises a second identifier that identifies the second data [Par. 0690-0693, 0703-0704 disclose SN is second identifier for identify the second data], and the second identifier and the first identifier are a same identifier [Par. 0690-0693, 0703-0704 disclose first SN and second SN are same]; and the determining, by the first terminal apparatus, based on the first identification information and the second identification information, that the first data and the second data belong to same data comprises: determining, by the first terminal apparatus, based on the first identifier and the second identifier, that the first data and the second data belong to same data [Par. 0690-0693, 0703-0704, Fig 47, UE_rx, Ref ST5512 disclose determining if first SN and second SN are same in order to determine data is the same].
As claims 3 and 13, Mochizuki [US 2021/0153262] discloses the first identification information comprises a first identifier and a second identifier [Par. 0690 discloses SN includes IP SN “first identifier” and dedicated SN “second Identifier”], the second identification information comprises the second identifier [Par. 0690 discloses SN includes IP SN “first identifier” and dedicated SN “second Identifier”], the first identifier identifies the first data [Par. 0690 discloses SN includes IP SN “first identifier” used for identifier first data], the second identifier identifies the second data [Par. 0690 discloses dedicated SN “second Identifier” used to identify the second data], and the second identifier is further used to determine whether the second data and the first data belong to same data [Par. 0692 discloses dedicated SN is used to determine if the first and second data are same]; and the determining, by the first terminal apparatus, based on the first identification information and the second identification information, that the first data and the second data belong to same data comprises: determining, by the first terminal apparatus, based on the second identifier from the first base station and the second identifier from the second terminal apparatus, that the first data and the second data belong to same data [Par. 0690-0693, 0703-0704, Fig 47, Ref ST5512 disclose determining if first dedicated SN and second dedicated SN are same in order to determine data is the same, Fig 43, 45, 47].
As claims 6 and 15, Mochizuki [US 2021/0153262] discloses correspondence between the first identifier and the second identifier is protocol-defined [Par. 0703 discloses protocol define sequency for IP]; or the first terminal apparatus receives a higher-layer signaling configuration or a physical layer signaling configuration from the first base station, wherein the higher-layer signaling configuration or the physical layer signaling configuration indicates the correspondence between the first identifier and the second identifier [Par. 0703 discloses eNB provides time period to determine if the downlink packet and sideling data are same] and the correspondence indicates that the first data identified by the first identifier and the second data identified by the second identifier belong to same data [Par. 0703 discloses eNB provides time period to determine if the downlink packet and sideling data having same SN are same within a predetermined period].
As claims 7 and 16, Nam [US 2021/0036819] discloses a data transmission method, comprising: receiving, by a second terminal apparatus, first data and first identification information of the first data from a first base station, wherein the first identification information identifies the first data, and wherein the first data and the first identification information are received through downlink [Fig 5, Ref 104a receives a downlink from eNB having encoding for identify a first data]; and sending, by the second terminal apparatus, second data and second identification information of the second data to a first terminal apparatus [Fig 5, Ref 104b send second data and second encoding to 104a], wherein the second data is obtained by decoding or encoding the first data [Fig 5, Ref 104b decodes data from 120b to obtain data which send by 102a] wherein the second identification information identifies the second data, the second data and the second identification information are received through sidelink [Fig 5, Ref 104b send second data and encoding to Ref 104a via sidlink], the second data is data determined based on the first data [Fig 5, Ref 158a is determined based on data on link], the second identification information is identification information determined based on the first identification information [Fig 5, the encoding of data on link 158a is determined based the encoding of data on link 120b], and the first identification information identifying the first data sent by the first base station to the first terminal apparatus [Fig 5, the encoding of data on link 120a identifies the data send by the 102a to 104a] and the second identification information are further used to determine whether the first data sent by the first base station to the first terminal apparatus and the second data belong to same data [Fig 5, the encoding of data on link 158a identifies the data send by the 104b to 104a and soft combining the first and second data based on encoding, Par. 0121]. However, Nam fails to fully disclose identifier which identifies the data. In the same field of endeavor, Mochizuki [US 2021/0153262] discloses a data transmission method, comprising: receiving, by a second terminal apparatus, first data and first identification information of the first data from a first base station, wherein the first identification information identifies the first data, and wherein the first data and the first identification information are received through downlink [Fig 49, Ref UE_tx “second terminal” receiving a downlink from eNB having SN “first identifier” for identify a first data]; and sending, by the second terminal apparatus, second data and second identification information of the second data to a first terminal apparatus, wherein the second identification information identifies the second data, the second data and the second identification information are received through sidelink [Fig 49, Ref UE_tx send duplicated data having second identifier to UE_rx “first terminal” via sidelink, ST5705], the second data is data determined based on the first data [Fig 49, RST5703-5704, the second data is created with the first data], the second identification information is identification information determined based on the first identification information [Fig 49, RST5703-5704 discloses the second identifier “second SN” is based on the first identifier “first SN”], and the first identification information identifying the first data sent by the first base station to the first terminal apparatus [Fig 49, ST5713 includes SN “first SN”] and the second identification information are further used to determine whether the first data sent by the first base station to the first terminal apparatus and the second data belong to same data [Fig 50, Ref ST5709-ST5711 determine if the first SN and second SN are same then the packets are duplicated, Par. 0690, 0703, 0769]. However, Nam and Mochizuki fail to disclose the first data and the second data are combined after a determination that the first data and the second data belong to same data, and the combining operation comprises soft combination or selective combination. In the same field of endeavor, Zhu [US 2020/0162200]/ Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916] discloses the first data and the second data are combined after a determination that the first data and the second data belong to same data, and the combining operation comprises soft combination or selective combination [Zhu discloses at Par. 0054, if the first and second packets are same then using soft combination, Liao disclose at Par. 0076, if the first and second packets are same then using soft combination, Muruganathan [US 2022/0070901] discloses at Par. 0053, if the first and second packets are same then using soft combination, Laselva [US 2022/116159] discloses Par. 0173; Kim [US 2005/0141443] at Par. 0023, selective combining, Hassan [US 2018/0287943] at Fig 4a, Moon [US 2005/0186916] Par. 0047].
Since, a method and system for combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination or selective combination is well known and expected in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination or selective combination as disclosed by Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916] into the teaching of Mochizuki which use identifier to identify first and second data into the teaching of Nam. The motivation would have been to improve reliable of the system.
As claims 8 and 17, Mochizuki [US 2021/0153262] discloses the first identification information comprises a first identifier that identifies the first data received by the second terminal apparatus from the first base station [Fig 49, ST5702 discloses first identifier of first data to UE_tx] or that identifies the first data sent by the first base station to the first terminal apparatus [Fig 49, ST5713 discloses first identifier of first data send from eNB]; that the second identification information is identification information determined based on the first identification information [Fig 49, ST5703-ST5704 discloses the second identifier is based on the first identifier] comprises: the second identification information comprises a second identifier that identifies the second data [Fig 49, ST5705 discloses second identifier for identify second data] and the second identifier and the first identifier are a same identifier [Fig 50, Ref ST5709-ST5711 determine if the first SN and second SN are same, Par. 0703, 0769]; and the first identifier identifying the first data sent by the first base station to the first terminal apparatus [Fig 49, ST5713 discloses first identifier of first data send from eNB]and the second identifier are used to determine that the first data sent by the first base station to the first terminal apparatus [Fig 49, ST5713 discloses first identifier of first data send from eNB] and the second data belong to same data [Fig 50, Ref ST5709-ST5711 determine if the first SN and second SN are same then the packets are duplicated, Par. 0690, 0703, 0769].
As claims 9 and 18, Mochizuki [US 2021/0153262] discloses the first identification information comprises a first identifier and a second identifier [Par. 0690 discloses SN includes IP SN “first identifier” and dedicated SN “second Identifier”], and the first identifier identifies the first data received by the second terminal apparatus from the first base station [Fig 49, ST5702 discloses first identifier of first data to UE_tx] or identifies the first data sent by the first base station to the first terminal apparatus [Fig 49, ST5713 discloses first identifier of first data send from eNB]; and that the second identification information is identification information determined based on the first identification information [Fig 49, ST5703-ST5704 discloses the second identifier is based on the first identifier] comprises: the second identification information comprises the second identifier that identifies the second data, and the second identifier is further used to determine whether the first data sent by the first base station to the first terminal apparatus and the second data belong to same data [Fig 50, Ref ST5709-ST5711 determine if the first SN and second SN are same, Par. 0690, 0703, 0769]; and the second identifier sent by the first base station to the first terminal apparatus and the second identifier sent by the second terminal apparatus to the first terminal apparatus are used to determine that the first data and the second data belong to same data [Fig 50, Ref ST5709-ST5711 determine if the first SN and second SN are same, then the packets are duplicated, Par. 0690, 0703, 0769].
As claims 10 and 19, Mochizuki [US 2021/0153262] discloses a correspondence between the first identifier and the second identifier is protocol-defined [Par. 0703 discloses protocol define sequency for IP]; or the first terminal apparatus receives a higher-layer signaling configuration or a physical layer signaling configuration from the first base station [Par. 0703 discloses eNB provides time period to determine if the downlink packet and sidelink data are same], wherein the higher-layer signaling configuration or the physical layer signaling configuration indicates correspondence between the first identifier and the second identifier, and the correspondence indicates that the first data identified by the first identifier and the second data identified by the second identifier belong to same data [Par. 0703 discloses eNB provides time period to determine if the downlink data and sideling data having same SN within predetermine period].
Claim(s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nam [US 2021/0036819], Mochizuki [US 2021/0153262] and Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916], Kim [US 2016/0381711] as applied to claims 1, 7, 11 and 16 above, and further in view of Xu [US 2021/0051611].
As claims 5 and 14, Nam fails to disclose what Mochizuki discloses the determining, by the first terminal apparatus, based on the first identification information and the second identification information, that the first data and the second data belong to same data [Fig 50, Ref ST5709-ST5711 determine if the first SN and second SN are same, then the packets are duplicated, Par. 0690, 0703, 0769] further comprises: determining, by the first terminal apparatus, based on the first identification information, the second identification information, and a first time threshold, that the first data and the second data belong to same data [Par. 0703 discloses eNB provides time period to determine if the downlink data and sideling data having same SN within predetermine period], wherein: the first time threshold is protocol-defined; or the first terminal apparatus receives a higher-layer signaling configuration or a physical layer signaling configuration from the first base station, wherein the higher-layer signaling configuration or the physical layer signaling configuration indicates the first time threshold [Par. 0703 discloses eNB provides predetermined period]. However, Nam, Mochizuki and Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916] fail to disclose determining, by the first terminal apparatus, based on the first identification information, the second identification information, a first time difference, and a first time threshold, that the first data and the second data belong to same data, wherein the first time difference comprises a time difference between a time point at which the first terminal apparatus receives the first data and a time point at which the first terminal apparatus receives the second data, and the first time difference is less than the first time threshold. In the same field of endeavor, Xu discloses determining, by the first terminal apparatus, based on the first identification information, the second identification information, a first time difference, and a first time threshold, that the first data and the second data belong to same data, wherein the first time difference comprises a time difference between a time point at which the first terminal apparatus receives the first data and a time point at which the first terminal apparatus receives the second data, and the first time difference is less than the first time threshold [Xu discloses at Par. 0010, 0120-0125 discloses UE comparing a determined time different between the first packet which received on first link and a duplicated packet on which received on second link and threshold, if result is less than threshold, the packets are same otherwise they are not the same “synchronizing the sequence number between the paths”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for comparing different arriving time between the packets of different sources with a threshold to determine if the original packet and duplicated packet are within the receiving threshold as disclosed by Xu into the teaching of Nam, Mochizuki [US 2021/0153262] and Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916]. The motivation would have been to prevent data loss.
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nam [US 2021/0036819], Mochizuki [US 2021/0153262] and Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916], Kim [US 2016/0381711] as applied to claims 1 and 11 above, and further in view of Wirth [US 2020/0059821], Jalali [US 2008/0115007] or Yuan [US 2023/0069352].
As claims 20-21 , Nam [US 2021/0036819], Mochizuki [US 2021/0153262] and Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916], Kim [US 2016/0381711] fail to disclose what Wirth [US 2020/0059821], Jalali [US 2008/0115007] or Yuan [US 2023/0069352] discloses a signal-to- interference-plus-noise ratio of combined data obtained through combining the first data and the second data is higher than a signal-to-interference-plus-noise ratio of any one of the first data and the second data [ Wirth discloses Fig 14 and Par. 0257, Jalali discloses at 0046 and Yuan discloses at Par. 0068 such as combining of the first and second data into a combined signal will increase the SINR, so the SINR of combined signal will be greater than the SINR of the first or second signal].
Since, Since, a method and system for combining, by the first terminal apparatus after determining that the first data and the second data belong to same data, the first data and the second data, wherein the combining operation comprises soft combination or selective combination is well known and expected in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising combining the first and second data into combined data in order to obtain a greater of SINR than SINR of the first and second as disclosed by Wirth [US 2020/0059821], Jalali [US 2008/0115007] or Yuan [US 2023/0069352] into the teaching Nam [US 2021/0036819], Mochizuki [US 2021/0153262] and Zhu [US 2020/0162200]/Liao [US 2013/0250910]/ Muruganathan [US 2022/0070901]/ Laselva [US 2022/116159]/ Kim [US/0141443]/ Hassan [US 2018/0287943]/ Moon [US 2005/0186916], Kim [US 2016/0381711]. The motivation would have been to improve a reliable data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xu [US 2020/0260353] discloses a method and system comprising TX UE send a packet to RX UE via indirect via base station and direct path such as sidelink.
Kousaridas [US 2021/0219110] discloses a method and system comprising TX UE send a packet to RX UE via indirect via base station and direct path such as sidelink.
Nam [US 2021/0037503] discloses a method and system comprising TX UE send a packet to RX UE via indirect via base station and direct path such as sidelink.
Sennoun [US 2020/0127767] comprising based on the difference between the receiving timing between the first and second frame which are received from different sources greater than threshold then the second frame is duplicated of the first frame.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414