Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1, 3-9, 11, 13-15, 21-22 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over DAO et al. (US 2020/0112907) in view of Szilagyi et al. (US 2021/0352749).
Regarding claim 1, DAO discloses a method for wireless communication (DAO, paragraph [0003], wireless communication network), comprising:
receiving, by a terminal configured to support operation with a first network node and a second network node (DAO, paragraph [0132], SMF may identify serving RAN node and also identify neighbor/next node that is anticipated to next serve the UE), a first message from the first network node comprising a configuration for collecting quality of experience (QoE) information (DAO, paragraph [0145], messages sent between SMF 104 and the UE are transferred via the RAN 102; paragraph [0333], measurement configuration data sent from NWDAF to the UE including report QoE parameters; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report),
wherein the configuration comprises parameters that indicate a target node for which QoE information is expected to be collected, the target node being the first network node or the second network node (DAO, paragraph [0132], SMF may identify serving RAN node and also identify neighbor/next node that is anticipated to next serve the UE; paragraph [0145], messages sent between SMF 104 and the UE are transferred via the RAN 102; paragraph [0323], QoS event recording configuration may indicate cell ID, RAN node ID; paragraph [0333], measurement configuration data send from NWDAF to the UE including report QoE parameters; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report),
measuring, by the terminal, a set of QoE information (DAO, paragraph [0333], measurement configuration data send from NWDAF to the UE including report QoE parameters; paragraph [0337], measurement request sent to UEs; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report); and
transmitting, by the terminal, a second message to the target node including a set of QoE information collected by the terminal and transmitted according to the configuration for collecting QoE information received in the first message (DAO, paragraph [0333], measurement configuration data send from NWDAF to the UE including report QoE parameters; paragraph [0338], UE sends the Network QoS Experience reports to the AF of the Application Server, UE configurated to collect the information included in the Network QoS Experience report).
DAO does not explicitly disclose, but Szilagyi discloses a terminal configured to support Dual Connectivity (DC) operation.
Szilagyi discloses receiving, by a terminal configured to support Dual Connectivity (DC) operation with a first network node and a second network node (Szilagyi, paragraph [0067], master node and secondary node; paragraph [0118], dual connectivity), a first message from the first network node comprising a configuration for collecting quality of experience (QoE) information (Szilagyi, Fig 5; paragraph [0135], SN Addition Procedure 550 should update the QoS configuration to handle the mapping of the MPTCP sub-flows),
wherein the configuration comprises parameters that indicate a target node for which QoE information is expected to be collected, the target node being the first network node or the second network node (Szilagyi, paragraph [0135], QoS parameter implemented that indicates sub-flow mapping to MCG and SCG bearers).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to support Dual Connectivity (DC) operation, in the invention of DAO. The motivation to combine the references would have been to leverage the benefits of dual connectivity in DAO’s invention, as discussed in paragraph [0118] of Szilagyi.
Regarding claim 3, DAO in view of Szilagyi discloses the method of claim 1, wherein the configuration for collecting QoE information is included in the first message or the collected set of QoE information included in the second message includes quality of service (QoS) information (DAO, paragraph [0333], measurement configuration data send from NWDAF to the UE including report QoE parameters; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report).
Regarding claim 4, DAO in view of Szilagyi discloses the method of claim 3, wherein the QoS information comprises one or more of: a QoS Flow identifier (QFI), a protocol data unit (PDU) session identifier, an Evolved Universal Terrestrial Access Network (E-UTRAN) Radio Access Bearer identifier (E-RAB ID), or a QoS profile information(DAO, paragraph [0133], QOS profile; paragraphs [0322] and [0324], QFI, PDU session ID, PDU session context information).
Regarding claim 5, DAO in view of Szilagyi discloses the method of claim 1, wherein the configuration for collecting QoE information included in the first message or the collected set of QoE information included in the second message includes a network slice identifier (DAO, paragraph [0076], network QoS information includes slice ID).
Regarding claim 6, DAO in view of Szilagyi discloses the method of claim 1, wherein the configuration for collecting QoE information is included in the first message or the collected set of QoE information included in the second message includes information identifying target radio access technology (RAT) used to collect the set of QoE information (DAO, paragraphs [0322] and [0324], RAT type).
Regarding claim 7, DAO in view of Szilagyi discloses the method of claim 6, wherein the information identifying the target RAT comprises: a cell identity list of at least one RAT, a tracking area code list of at least one RAT, or a RAT type (DAO, paragraph [0287], tracking area IDs; paragraphs [0322] and [0324], RAT type, Cell IDs).
Regarding claim 8, DAO in view of Szilagyi discloses the method of claim 1, wherein the configuration for collecting QoE information included in the first message or the collected set of QoE information included in the second message includes node information that is indicative of target node in which to collect the set of QoE information (DAO, paragraphs [0322] and [0324], Cell IDs).
Regarding claim 9, DAO discloses the method of claim 1, wherein the configuration for collecting QoE information included in the first message or included in the second message.
DAO does not explicitly disclose, but Szilagyi discloses that the QoE information includes a bearer type indicator indicative of a target bearer type for collecting the set of QoE information (Szilagyi, paragraph [0135], QoS parameter implemented that indicates sub-flow mapping to MCG and SCG bearers).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to includes a bearer type indicator indicative of a target bearer type for collecting the set of experience quality information, in the invention of DAO. The motivation to combine the references would have been to ensure that the bearers are mapped to the proper QoS configuration.
Regarding claim 11, DAO in view of Szilagyi discloses the method of claim 1, wherein the configuration for collecting QoE information includes a number of application configuration containers, wherein each application configuration container is applied to a specific RAT (DAO, paragraphs [0126], container carrying the QoS information; paragraphs [0322] and [0324], RAT type).
Regarding claim 13, DAO in view of Szilagyi discloses the method of claim 1,
wherein the first network comprises a master node (MN) and the second network node comprises a secondary node (SN), or the first network comprises the SN and the second network node comprises the MN (Szilagyi, paragraph [0067], master node and secondary node; paragraph [0118], dual connectivity).
Regarding claim 14, DAO in view of Szilagyi discloses the method of claim 1, wherein the second message is transmitted responsive to the terminal measuring the set of QoE information (DAO, paragraph [0333], measurement configuration data send from NWDAF to the UE including report QoE parameters; paragraph [0337], measurement request sent to UEs; paragraph [0338], UE sends the Network QoS Experience reports to the AF of the Application Server, UE configurated to collect the information included in the Network QoS Experience report).
Regarding claim 15, DAO in view of Szilagyi discloses the method of claim 1, further comprising:
transmitting, by the terminal, an QoE information indication to the target node indicating that the terminal has collected the set of QoE information (DAO, paragraph [0338], UE sends the Network QoS Experience reports to the AF of the Application Server, UE configurated to collect the information included in the Network QoS Experience report); and
receiving, by the terminal, an QoE information response from the target node, wherein the second message is transmitted by the terminal responsive to receiving the QoE information response from the target node (DAO, paragraph [0272], upon receiving the QoS response, send QoS information update to the UE).
Claims 21 and 22 are rejected under substantially the same rationale as claims 1 and 13, respectively.
Claim 27 is rejected under substantially the same rationale as claim 1.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DAO et al. (US 2020/0112907) in view of LIU et al. (US 2023/0114446).
Regarding claim 16, DAO discloses the method of claim 1, the terminal has measured the set of QoE information.
DAO does not explicitly disclose, but LIU discloses transmitting, by the terminal, a 1-bit QoE information result available indication to the network node indicating that the terminal has measured the information (LIU, paragraph [0111], WTRU may indicate availability of measurements by a one-bit indicator, in an RRCConnectionSetupComplete message).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to transmit, by the terminal, a 1-bit experience quality information result available indication to the network node indicating that the terminal has measured the information, in the invention of DAO. The motivation to combine the references would have been to inform the network that measurements had been taken.
Regarding claim 17, DAO in view of LIU discloses the method of claim 16, wherein the 1-bit QoE information result available indication is transmitted to the network node via any of: a radio resource control (RRC) reconfiguration complete message, a terminal assistance information message, an RRC setup complete message, or an RRC resume complete message (LIU, paragraph [0111], WTRU may indicate availability of measurements by a one-bit indicator, in an RRCConnectionSetupComplete message).
Regarding claim 18, DAO discloses the method of claim 17, further comprising: receiving, by the terminal, an RRC message from the network node comprising a request for the set of QoE information when a network load is below a threshold level, wherein the terminal transmits the second message to the network node responsive to receiving the RRC message from the network node (DAO, paragraph [0087], RAN forwards message to the UE in an RRC message) (LIU, paragraph [0111], network may retrieve the logged measurements using a WTRU information request; paragraph [0167], delayed report conditions met when network load allows the transmission of the measurement report; paragraph [0251], delayed report mode to reduce the signaling load caused by repeated measurement reports; paragraph [0258], capacity threshold).
Regarding claim 19, DAO discloses the method of claim 1, further comprising: receiving, by the terminal, a suspension indication from the network node comprising an indication for the terminal to suspend transmission of the second message, or to stop measuring the set of QoE information (LIU, paragraph [0256], terminate the MDT session by explicit signal from the network).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to transmit, by the terminal, an indication for the terminal to stop measuring the information, in the invention of DAO. The motivation to combine the references would have been to reduce the load on the network.
Regarding claim 20, DAO discloses the method of claim 19, further comprising: receiving, by the terminal, a resume indication from the network node, wherein the second message is transmitted by the terminal responsive to receiving the resume indication from the network node (LIU, paragraph [0252]-[0253], delay the report until the network solicits the report).
Claim(s) 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over DAO et al. (US 2020/0112907) in view of Szilagyi et al. (US 2021/0352749), and further in view of Xu et al. (US 2021/0014713).
Regarding claim 23, DAO in view of Szilagyi discloses the method of claim 21, further comprising:
recording, by the first network node, a bearer type and a time stamp information of the QoE information expected to be collected (DAO, paragraph [0322], timestamp information) (Szilagyi, paragraph [0135], QoS parameter implemented that indicates sub-flow mapping to MCG and SCG bearers);
receiving, by the first network node, the set of QoE information collected by the terminal (DAO, paragraph [0333], measurement configuration data send from NWDAF to the UE including report QoE parameters; paragraph [0338], UE sends the Network QoS Experience reports to the AF of the Application Server, UE configurated to collect the information included in the Network QoS Experience report); and
transmitting, by the first network node, the bearer type and the time stamp information to the target node (DAO, paragraph [0333], measurement configuration data sent from NWDAF to the UE including report QoE parameters; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report).
DAO does not explicitly disclose transmitting the QoS configuration information from a first Dual Connectivity (DC) network node to a second Dual Connectivity (DC) node.
Xu discloses transmitting, by the first network node, the QoS configuration information to the target node (Xu, Fig. 9, paragraph [0111], RAN node 1 transmits measurement configuration information to RAN node 2).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to transmit by the first network node, the QoS configuration information to the target node, in the invention of DAO in view of Szilagyi. The motivation to combine the references would have been to coordinate measurement configurations between the two nodes, as discussed in paragraph [0104] of Xu.
Regarding claim 24, DAO in view of Szilagyi discloses the method of claim 21, wherein the first network node comprises a centralized unit (CU) and a distributed unit (DU) (Szilagyi, paragraph [0095], central unit and distributed units), the method further comprising: upon receiving the set of QoE information collected by the terminal, forwarding, by the CU, the set of QoE information (Dao, paragraph [0332], send the QoS reports, forward the QOS reports).
DAO does not explicitly disclose forwarding the QoS information from a first CU network node to a second DU node.
Xu discloses forwarding, by the CU, the QoS information to the DU (Xu, Fig. 13, paragraph [0111], RAN node 2 reports measurement result information to RAN node 1).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to transmit by the CU, the QoS information to the DU, in the invention of DAO in view of Szilagyi. The motivation to combine the references would have been to inform the CU node of the QoS information.
Regarding claim 25, DAO in view of Szilagyi discloses the method of claim 21, further comprising: upon receiving the set of QoE information collected by the terminal, forwarding, by the first network node, the set of QoE information (Dao, paragraph [0332], send the QoS reports, forward the QOS reports) to the second network node.
DAO does not explicitly disclose forwarding, by the first Dual Connectivity (DC) network node, the set of QoE information to the second Dual Connectivity (DC) network node.
Xu discloses forwarding, by the first Dual Connectivity (DC) network node, the set of QoE information to the second Dual Connectivity (DC) network node. (Xu, Fig. 13, paragraph [0111], RAN node 2 reports measurement result information to RAN node 1).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to transmit by the CU, the QoS information to the DU, in the invention of DAO in view of Szilagyi. The motivation to combine the references would have been to inform the CU node of the QoS information.
Regarding claim 26, DAO in view of Szilagyi discloses the method of claim 21, further comprising:
transmitting, by the first network node, a first message to a terminal that includes a configuration for collecting QoE information according to the configuration for collecting QoE information received in the third message (DAO, paragraph [0333], measurement configuration data sent from NWDAF to the UE including report QoE parameters; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report).
DAO does not explicitly disclose receiving, by the first Dual Connectivity (DC) network node, a third message from the second Dual Connectivity (DC) network node that includes the configuration for collecting QoE information.
Xu discloses receiving, by the first Dual Connectivity (DC) network node, a third message from the second Dual Connectivity (DC) network node that includes the configuration for collecting QoE information.
(Xu, Fig. 9, paragraph [0111], RAN node 1 transmits measurement configuration information to RAN node 2).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to transmit by the first network node, the QoS configuration information to the target node, in the invention of DAO in view of Szilagyi. The motivation to combine the references would have been to coordinate measurement configurations between the two nodes, as discussed in paragraph [0104] of Xu.
Response to Arguments
Applicant's arguments filed August 14, 2025 have been fully considered but they are not persuasive.
Applicant assets that claims are patentable because there allegedly is no mechanism in Dao for one node to configure a measurement report and then direct the UE to send the resulting report to a different node. However, this is incorrect for many reasons.
Firstly, the claims do not even recite that limitation. In the claims, the “target node” to which the information is sent may be the same node as the “first node” that sent the first message comprising the QoE configuration.
Secondly, both Dao and Szilagyi disclose the claim limitations:
receiving, by a terminal configured to support operation with a first network node and a second network node, a first message from the first network node comprising a configuration for collecting quality of experience (QoE) information (DAO, paragraph [0145], messages sent between SMF 104 and the UE are transferred via the RAN 102; paragraph [0333], measurement configuration data sent from NWDAF to the UE including report QoE parameters; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report) (Szilagyi, Fig 5; paragraph [0067], master node and secondary node; paragraph [0118], dual connectivity; paragraph [0135], SN Addition Procedure 550 should update the QoS configuration to handle the mapping of the MPTCP sub-flows);
wherein the configuration comprises parameters that indicate a target node for which QoE information is expected to be collected, the target node being the first network node or the second network node (DAO, paragraph [0132], SMF may identify serving RAN node and also identify neighbor/next node that is anticipated to next serve the UE; paragraph [0145], messages sent between SMF 104 and the UE are transferred via the RAN 102; paragraph [0323], QoS event recording configuration may indicate cell ID, RAN node ID; paragraph [0333], measurement configuration data send from NWDAF to the UE including report QoE parameters; paragraph [0338], UE configurated to collect the information included in the Network QoS Experience report) (Szilagyi, paragraph [0135], QoS parameter implemented that indicates sub-flow mapping to MCG and SCG bearers).
Thirdly, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have known that it had already been well-known for decades in the art of wireless cellular communication (for example when handoffs occur) for a measurement configuration received from one (source) node to be used for measurements of multiple prospective target nodes, and for the measurements to be sent to at least some of the target nodes.
Applicant further asserts that there is allegedly no motivation to combine the references because Dao does not mention DC operation. However, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, a person of ordinary skill would have been motivated to combine the references to leverage the benefits of dual connectivity. Additionally, paragraph [0118] of Szilagyi explicitly discusses the benefits of Leveraging dual-connectivity (and multi-connectivity feature) specified for 3GPP access (that allows multiple links to be leveraged for transmitting/receiving packets) to transmit/receive UP flows for which UE 110 has initiated (for example, the need for) MPTCP connection.
Applicant further asserts that the claims are patentable because a NWDAF is a core node function and not a RAN node. Applicant has not explained how this contradicts the Examiner’s rationale for rejecting the claims. However, the Examiner interprets that communications between a UE and a core node occurs via a RAN node.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shi et al. (US 2020/0022034)
Regarding claim 1, Shi discloses a method for wireless communication (Shi, paragraph [0002], wireless communication), comprising:
receiving, by a terminal, a first message from a network node comprising a configuration for collecting experience quality information (Shi, paragraph [0006], RNC sending dash file to the terminal, dash file contains configuration data for the terminal for QoE measurement collection); and
transmitting, by the terminal, a second message to the network node including a set of experience quality information collected by the terminal and transmitted according to the configuration for collecting experience quality information received in the first message (Shi, paragraph [0006], when the terminal has completed the QoE measurement collection, it sends a result file back to the RNC).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN LOUIS LINDENBAUM whose telephone number is (571)270-3858. The examiner can normally be reached Monday through Friday 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached on (571) 270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN L LINDENBAUM/Examiner, Art Unit 2466
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419