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 .
DETAILED ACTION
This office action is in response to amendment/reconsideration filed 11/25/2025, the amendment/reconsideration has been considered. Claims 1-3, 5-11 and 13-16 are pending for examination.
Response to Arguments
Applicant's arguments are moot in light of the new ground of rejections set forth below.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 3, 5-9, 11, 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2022/0225472) in view of Palat et al (US 2022/0039192) and Zheng et al (US 20240080930).
As to claim 1, Kim discloses a method performed by a User Equipment (UE) for a Small Data Transmission (SDT) procedure (see Fig. 1B and [0055],abstract, [0311], Kim shows a 5G wireless communication system which includes multiple user devices/UEs and base stations/gNB which provides for a small data transmission/SDT procedure where the small data transmission includes one or more transmission of uplink data/packets and/or one or more reception of downlink data/packets while the wireless device stays in the RRC inactive state, Fig. 6 and [0104] shows RRC state transitions of a UE where the UE may be in RRC states like RRC connected, RRC idle, and RRC inactive states (a Small Data Transmission (SDT) procedure), the method comprising:
transmitting, to a Base Station (BS), a Radio Resource Control (RRC) resume request message when initiating the SDT procedure (see Fig. 24 and [0310], wherein Kim shows mobility of a wireless device, where a UE may be in RRC connected state and then transition to an RRC inactive based on receiving an RRC release message from a first base station which stores the UE context of the UE. e.g., address for the connection, the UE in the RRC inactive state performs a cell selection procedure and select a cell of a second base station, Fig. 25 and [0311] shows while in the inactive state, the UE may determine small data transmission where the small data transmission consists of one or more transmission of uplink data/packets (initiating the SDT procedure) and the UE may send a RRC resume request message to the second base station (transmitting, to a Base Station (BS), a Radio Resource Control (RRC) resume request message);
starting an SDT failure detection timer upon transmitting the RRC resume request message (see [0282], wherein Kim shows the UE may start a timer T319 and initiate transmission of an RRC resume request message. In addition, another Timer T380 is also started at the time of transmitting the RRC resume request message, see [0301], “The RRC resume request message may comprise the resume identity and the resume cause wherein the resume cause is RNA update”; and [0228], “where the timer T380 is periodic RNA update timer”),
transmitting, to the BS, UE assistance information to provide a non-SDT data indication while the SDT failure detection timer is running (see Fig. 25 and [0311], Kim shows the UE sends the RRC resume request to the second base station which includes UL data, buffer status report/BSR and assistance parameters such as traffic pattern of the SDT, SDT indication, and release assistance information/RAI (a non-SDT data indication);
but does not expressly disclose that the SDT failure detection timer runs during the SDT procedure and is for detecting an SDT failure during the SDT procedure, or terminating the SDT procedure after determining at least one of an RRC setup message is received or the SDT failure detection timer is expired.
Palat discloses a concept of utilizing a SDT failure detection timer that runs during a SDT procedure and is for detecting an SDT failure during the SDT procedure, and terminating the SDT procedure after determining at least one of an RRC setup message is received or the SDT failure detection timer is expired ([0141], “In some embodiments, a timer, for example, T319' can be used to check for failures. The timer is started with the start of SDT transfer, such as sending a Resume Request for SDT. The timer is stopped on receiving some confirmation or completion of the transfer; this could be, for example, an RRC Resume or RRC release. Cell reselection during SDT can be identified as cell reselection while T319' is running. After cell reselection, T319' is stopped. A new SDT session can be restarted after completion of cell reselection and UE starts a new SDT session with RACH and T319' is re-started again.”; [0176], “Expiry of T319' will happen if there is a failure of SDT transfer and no other cell is available for reselection. In this case, the UE can go to RRC Idle and perform NAS recovery. Security for RRC-less Operation”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Kim with Palat. The suggestion/motivation of the combination would have been to respond to detect SDT transfer failure (Palat, [0176]).
However, Kim does not expressly disclose that the transmitting to the BS is in response to arrival of data from a non-SDT raid bearer or that the non-SDT data indication indicates the arrival of the data.
Zheng discloses a concept of transmitting to a BS in response to arrival of data from a non-SDT radio bearer and that the non-SDT data indication indicates the arrival of the data (Figure 6; [0086]-[0090]).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Kim with Zheng. The suggestion/motivation of the combination would have been to inform the BS of the arrival of data from a non-SDT DRB (Zheng, [0086]).
As to claim 9, see similar rejection to claim 1.
As to claim 2, Kim-Palat-Zheng teaches the method of claim 1, wherein the SDT failure detection timer is a T319a timer (Palat, claim 8, “wherein the first timer is T319a”).
As to claim 10, see similar rejection to claim 2.
As to claims 3, Kim-Palat-Zheng teaches the method of claim 1, further comprising: stopping the SDT failure detection timer upon reception of an RRC resume message (see Kim, [0291], Kim shows based on receiving the RRC resume message, the UE may stop the timer (stopping the timer upon reception of an RRC resume message); also see Palat, [0141], “The timer is stopped on receiving some confirmation or completion of the transfer; this could be, for example, an RRC Resume”)
As to claim 11, see similar rejection to claim 3.
As to claim 5, Kim-Palat-Zheng teaches the method of claim 1, further comprising: stopping the SDT failure detection timer upon reception of an RRC reject message (see Kim, Fig. 23 and [0309], Kim shows the UE sends a resume request message to the new base station, based on the retrieve UE context failure the new base station may send an RRC setup message or an RRC reject message to the UE, Fig. 23 and [0228] shows the UE may stop timer T380 timer if running where the timer T380 is periodic RNA update timer (stopping the timer upon reception of an RRC reject message)
As to claim 13, see similar rejection to claim 5.
As to claim 6, Kim-Palat-Zheng teaches the method of claim 1, wherein the UE assistance information is included in a UL- DCCH-MessageType Information Element (IE) (see Kim, [0311], Kim shows the assistance information is carried in the RRC message, Fig. 5B and [0081],[0085],[0044] shows information is passed through channels between the RLC, the MAC, and the PHY of the NR protocol stack using logical channel classified as a control channel that carries control and configuration information in the NR control plane, which includes a dedicated control channel/DCCH for carrying control messages to/from a specific UE to configure the UE, where message parameters or fields, are referred as Information elements: IEs (DCCH-MessageType Information Element)).
As to claim 14, see similar rejection to claim 6.
As to claim 7, Kim-Palat-Zheng teaches the method of claim 1, wherein the non-SDT data indication is included in the UE assistance information (see Kim, Fig. 25 and [0311], Kim shows the UE sends the RRC resume request to the second base station which includes UL data, buffer status report/BSR and assistance parameters such as traffic pattern of the SDT, SDT indication, and release assistance information/RAI (non-SDT data indication is included in the UE assistance information)
As to claim 15, see similar rejection to claim 7.
As to claim 8, Kim-Palat-Zheng teaches the method of claim 1, wherein the SDT procedure is initiated, by the UE, when the UE is in an RRCINACTIVE state (see Kim, Fig. 25 and [0311], Kim shows while in the inactive state, the UE may determine small data transmission where the small data transmission consists of one or more transmission of uplink data/packets and the UE may send a RRC resume request message to the second base station (SDT procedure is initiated, by the UE, when the UE is in an RRCINACTIVE state)
As to claim 16, see similar rejection to claim 8.
7. Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim-Palad-Zheng, as applied to claim 1 above, and further in view of Yu et al (US 2023/0262817 A1).
As to claim 2, Kim-Palad-Zheng teaches the claimed invention substantially as discussed in claim 1, but does not expressly disclose that the timer is a T319a timer. Yu discloses a concept for a timer to be a T319a timer (see [0002],[0004],[0016], Yu shows a 5G wireless transmission system related to Small Data Transmission/SDT in NR RRC_INACTIVE State, which enables the UE to avoid RRC connection re-establishment when a radio link problem is detected during SDT transmission, [0004],[0011],[0095] and claim 8 shows the UE initiates an RRCresume procedure and re-activates AS security, since UE security has been activated and DRB has been established, the UE will executed an RRC connection re-establishment procedure, in order to avoid RRC connection re-establishment and not executing the RRC connection re-establishment procedure while a first timer is running, where a start condition of the first timer is related to a first message, the first message is RRCResumeRequest which is used to request transmitting SDT data in RRC_INACTIVE state, where the first timer T319a (the timer is a T319a timer), where the timer is stopped when a response message such as RRC reject message is received).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kim-Paladto-Zheng incorporate the teaching of Yu such that when the UE sends the RRC resume request to the second base station which includes the SDT data and assistance information, it starts a T319a timer, and while the timer is running if a radio link problem is detected it does not perform an RRC connection re-establishment. Doing so would improve system security since the UE security has been activated when the RRC resume request was sent for the SDT transmission and the UE will avoid RRC connection re-establishment while T319a time is running.
As to claim 10, see similar rejection to claim 2.
Conclusion
8. 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 extension fee 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 date of this final action.
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/HUA FAN/ Primary Examiner, Art Unit 2458