DETAILED ACTION
Applicant’s response filed on 01/08/2026 has been entered and made of record.
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 Status
Claims 6 and 10 are amended.
Claims 37-38 are added.
Claims 1-38 are pending for examination.
Response to Arguments
Applicant’s response has been fully considered. Below are applicant’s main arguments and examiner’s response to those arguments:
Applicant’s argument: (remark pages 15-18), filed on 01/08/2026, with respect to claim 1, ‘Claim 1 is patentable over the Art for at least the reason that the Art does not teach or suggest … For at least these reasons, Applicant respectfully submits that claim 1 is patentable over the proposed combination of Zhu, RP-182882 and Park, and thus the rejection of claim 1 under 35 U.S.C. § 103 should be withdrawn’.
Examiner’s response: Examiner respectfully disagrees. First, in response to applicant's arguments against the references individually, examiner would like to mention that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Combination of Zhu and RP-182882 teaches indication information about whether to activate a duplication function ‘over i. a General Packet Radio Service Tunneling Protocol (GTP), layer, ii. one or more GTP tunnels, iii. a Backhaul Adaptation Protocol (BAP), layer, and iv. over one or more Backhaul Radio Link Channels’ (Zhu: [0013], [0015], [FIG.7]. RP-182882: [Page 3]). Park teaches device’s capability information indicates whether the device supports packet duplication (Park: [0333], [Abstract]). Therefore, combination of Zhu, RP-182882 and Park teaches the limitations as claimed with motivation to use the capability information to determine configuration parameters.
Applicant’s arguments (remark pages 15-18), filed on 01/08/2026, with respect to claims 1, 16, 29 and 32 have been considered but are not convincing. The claim rejections to claim 1, 16, 29 and 32 under 35 U.S.C. § 103 are not withdrawn.
This Office Action is made Final.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 10-12, 14-20, 24-36 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over
Zhu et al. (US 20210022040 A1), hereinafter “Zhu”, in view of RP-182882, and in view of Park et al. (US 20210051653 A1), hereinafter “Park”.
Per claim 1, 16, 29 and 32:
Regarding claim 29, Zhu teaches ’A first node, for handling transmission of one or more packets from a sending node to a receiving node, the first node being configured to operate in a communications network, the communications network being configured to comprise at least one intermediate node between the sending node and the receiving node’ (Zhu: [FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving), “Third node” (intermediate node)); ‘the first node comprising: a transmitter’ (Zhu: [FIG.6]: “Network node”, “Communications interface”; [0090]: “The communications interface 604 may be any apparatus such as a transceiver”); ‘a receiver’ (Zhu: “[FIG.6]: “Network node”, “Communications interface”; [0090]: “The communications interface 604 may be any apparatus such as a transceiver”); ‘processing circuitry, the processing circuitry being configured to cause the first node to ’ (Zhu: “[FIG.6]: “Network node”, “Processor”; [0088]: “The processor 601 may be a general-purpose central processing unit (CPU), a microprocessor, an application-specific integrated circuit (ASIC), or one or more integrated circuits configured to control program execution”);
‘determine whether or not to duplicate the one or more packets between the first node and a second node in the communications network’ (Zhu: [0009]: “a packet loss rate of the data packet is less than or equal to a preset threshold. In this possible implementation, a network may enable a duplication function for a specific data packet, to meet a QoS requirement of a service corresponding to the data packet”; [0156]: “a specific node performing duplication and duplicate detection on the data packet may be configured by a network, or may be determined through negotiation between nodes”; may determine whether or not to duplicate packets);
‘based on a result of the determination, sending an indication to the second node in the communications network, wherein the indication being configured to explicitly indicate whether or not duplication of the one or more packets is supported’ (Zhu: [0009]: “the data packet is a data packet carrying first indication information, where the first indication information is used to indicate that a packet loss rate of the data packet is less than or equal to a preset threshold. In this possible implementation, a network may enable a duplication function for a specific data packet, to meet a QoS requirement of a service corresponding to the data packet”; [0024]: “the first node is an access network device, and the second node is a wireless backhaul node; or the first node is a wireless backhaul node, and the second node is an access network device”; [0013]: “indication information is used to indicate whether to activate a data duplication function”; [0015]: “the data packet sent to the specified wireless backhaul node … and the data packet is the data packet carrying the first indication information”). However, Zhu failed to expressly indicate whether or not duplication of the one or more packets is supported;
‘over: i. a General Packet Radio Service Tunneling Protocol (GTP), layer’ (Zhu: [0013]: “the data packet is duplicated at a GTP layer of the first node to obtain the M data packets, and the splitting, by the first node, the M data packets, and sending the M data packets to a second node through at least two paths”);
‘ii. one or more GTP tunnels’ (Zhu: [0015]: “a GTP tunnel”);
‘iii. a Backhaul Adaptation Protocol (BAP), layer’ (Zhu: [FIG.7]: “Adapt” protocol layer on the backhaul interface (Backhaul Adapt Protocol));
‘between the first node, and/or the second node, and one or more next hop nodes’ (Zhu: [FIG.3]: “First Node” (sending/receiving), “Second node” (sending/receiving), “Third node” (intermediate node)).
Zhu does not expressly teach, but RP-182882 in the same field of endeavor teaches ‘iv. over one or more Backhaul Radio Link Channels’ (RP-182882: [Page 3]: “Mapping of UE bearers to backhaul RLC channels and QoS enforcement over backhaul RLC channels to meet E2E QoS requirements”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine RP-182882’s teaching with that of Zhu in order to meet E2E QoS requirements by mapping UE bearers to backhaul RLC channels (see reference quotes in element above).
Combination of Zhu and RP-182882 does not expressly teach ‘indicate whether or not duplication of the one or more packets is supported’
However, Park in the same field of endeavor teaches device’s capability information indicates whether the device supports packet duplication (Park: [0333]: “capability information associated with the second wireless device may indicate … whether the second wireless device supports packet duplication”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Park’s teaching with that combination of Zhu and RP-182882 in order use the capability information to determine configuration parameters (Park: [Abstract]: “capability information may be sent and/or used to determine configuration parameters”).
Regarding claim 1, claim 1 recites the method implemented by the first node of claim 29 (see rejection of claim 29 above).
Regarding claim 32, Zhu teaches ‘A second node, for handling transmission of one or more packets from a sending node to a receiving node, the second node being configured to operate in a communications network, the communications network being configured to comprise at least one intermediate node between the sending node and the receiving node’ (Zhu: [FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving), “Third node” (intermediate node)); ‘the second node comprising: a transmitter’ (Zhu: [FIG.6]: “Network node”, “Communications interface”; [0090]: “The communications interface 604 may be any apparatus such as a transceiver”); ‘a receiver’ (Zhu: “[FIG.6]: “Network node”, “Communications interface”; [0090]: “The communications interface 604 may be any apparatus such as a transceiver”); ‘processing circuitry, the processing circuitry being configured to cause the second node to’ (Zhu: “[FIG.6]: “Network node”, “Processor”; [0088]: “The processor 601 may be a general-purpose central processing unit (CPU), a microprocessor, an application-specific integrated circuit (ASIC), or one or more integrated circuits configured to control program execution”);
‘receive an indication from a first node configured to be comprised in the communications network, the indication being configured to explicitly indicate whether or not duplication of the one or more packets is supported’ (Zhu: [0009]: “a data packet received from a specified wireless backhaul node … the data packet is a data packet carrying first indication information, where the first indication information is used to indicate that a packet loss rate of the data packet is less than or equal to a preset threshold. In this possible implementation, a network may enable a duplication function for a specific data packet, to meet a QoS requirement of a service corresponding to the data packet”; [0024]: “the first node is an access network device, and the second node is a wireless backhaul node; or the first node is a wireless backhaul node, and the second node is an access network device”; [0013]: “indication information is used to indicate whether to activate a data duplication function”, second node may receive an indication from a first node to indicate whether to activate data duplication function). However, Zhu failed to expressly indicate whether or not duplication of the one or more packets is supported;
‘over: i. a General Packet Radio Service Tunneling Protocol (GTP), layer’ (Zhu: [0013]: “the data packet is duplicated at a GTP layer of the first node to obtain the M data packets, and the splitting, by the first node, the M data packets, and sending the M data packets to a second node through at least two paths”);
‘ii. one or more GTP tunnels’ (Zhu: [0015]: “a GTP tunnel”);
‘iii. a Backhaul Adaptation Protocol (BAP), layer’ (Zhu: [FIG.7]: “Adapt” protocol layer on the backhaul interface (Backhaul Adapt Protocol));
‘between the first node, and/or the second node, and one or more next hop nodes’ (Zhu: [FIG.3]: “First Node” (sending/receiving), “Second node” (sending/receiving), “Third node” (intermediate node)).
Zhu does not expressly teach, but RP-182882 in the same field of endeavor teaches ‘iv. over one or more Backhaul Radio Link Channels’ (RP-182882: [Page 3]: “Mapping of UE bearers to backhaul RLC channels and QoS enforcement over backhaul RLC channels to meet E2E QoS requirements”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine RP-182882’s teaching with that of Zhu in order to meet E2E QoS requirements by mapping UE bearers to backhaul RLC channels (see reference quotes in element above).
Combination of Zhu and RP-182882 does not expressly teach ‘indicate whether or not duplication of the one or more packets is supported’
However, Park in the same field of endeavor teaches device’s capability information indicates whether the device supports packet duplication (Park: [0333]: “capability information associated with the second wireless device may indicate … whether the second wireless device supports packet duplication”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Park’s teaching with that combination of Zhu and RP-182882 in order use the capability information to determine configuration parameters (Park: [Abstract]: “capability information may be sent and/or used to determine configuration parameters”).
Regarding claim 16, claim 16 recites the method implemented by the second node of claim 32 (see rejection of claim 32 above).
Per claim 2, 17, 30 and 33:
Regarding claim 30, combination of Zhu, RP-182882 and Park teaches the first node according to claim 29 (discussed above).
Zhu teaches ‘wherein at least one of the sending node and/or the receiving node is a wireless device’ (Zhu: [0007]: “the first node is a wireless backhaul node or an access network device”);
‘exclude a link between the wireless device and a node providing access to the communications network to the wireless device’ (Zhu: [0007]: “In an IAB scenario shown in FIG. 1, transmission of the duplicate data packet over a link between a terminal and an IAB node 4 and/or over a link between a DgNB and an IAB node 1 may be avoided”, may exclude the link between UE and Access IAB node from duplication).
Regarding claim 2, claim 2 recites the method implemented by the first node of claim 30 (see rejection of claim 30 above).
Regarding claim 33, combination of Zhu, RP-182882 and Park teaches the second node according to claim 32 (discussed above).
Zhu teaches ‘wherein at least one of the sending node and the receiving node is configured to be a wireless device’ (Zhu: [0007]: “the first node is a wireless backhaul node or an access network device”);
‘exclude a link between the wireless device and a node providing access to the communications network to the wireless device’ (Zhu: [0007]: “In an IAB scenario shown in FIG. 1, transmission of the duplicate data packet over a link between a terminal and an IAB node 4 and/or over a link between a DgNB and an IAB node 1 may be avoided”, may exclude the link between UE and Access IAB node from duplication).
Regarding claim 17, claim 17 recites the method implemented by the second node of claim 33 (see rejection of claim 33 above).
Per claim 3, 18, 31 and 34:
Regarding claim 31, combination of Zhu, RP-182882 and Park teaches the first node according to claim 29 (discussed above).
Zhu teaches ‘wherein the indication indicates one of: -an instruction, -a suggestion, or - one or more criteria’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”).
Regarding claim 3, claim 3 recites the method implemented by the first node of claim 31 (see rejection of claim 31 above).
Regarding claim 34, combination of Zhu, RP-182882 and Park teaches the second node according to claim 32 (discussed above).
Zhu teaches ‘wherein the indication indicates one of: -an instruction, -a suggestion, or - one or more criteria’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”).
Regarding claim 18, claim 18 recites the method implemented by the second node of claim 34 (see rejection of claim 34 above).
Per claim 4 and 19:
Regarding claim 4, combination of Zhu, RP-182882 and Park teaches the method according to claim 1 (discussed above).
Zhu teaches ‘determining whether or not at least one of: a) to duplicate the one or more packets, and/or b) duplication of the one or more packets is supported and/or activated based on one or more criteria’ (Zhu: [0009]: “the data packet is a data packet carrying first indication information, where the first indication information is used to indicate that a packet loss rate of the data packet is less than or equal to a preset threshold. In this possible implementation, a network may enable a duplication function for a specific data packet, to meet a QoS requirement of a service corresponding to the data packet”; [0013]: “indication information is used to indicate to activate the data duplication function of the first node, activating, by the first node, the data duplication function of the first node according to the second indication information”; the first node may determine to activate duplication function based on the preset threshold);
‘the one or more criteria being based on whether duplication, duplication support and/or duplication activation is to be over: i. the GTP layer, ii. the one or more GTP tunnels, iii. the BAP layer, and/or iv. the one or more Backhaul Radio Link Channels’ (Zhu: [0013]: “the data packet is duplicated at a GTP layer of the first node to obtain the M data packets, and the splitting, by the first node, the M data packets, and sending the M data packets to a second node through at least two paths”);
‘wherein the sending of the indication is based on a result of the determination’ (Zhu: [0039]: “receiving, by the second node, information used to indicate that the first node has activated a data packet duplication function”, the first node may send the indication based on its determination).
Regarding claim 19, combination of Zhu, RP-182882 and Park teaches the method according to any of claim 18 (discussed above).
Zhu teaches ‘wherein the one or more criteria are based on whether duplication, duplication support and/or duplication activation is to be over: i. the GTP layer, ii. the one or more GTP tunnels, iii. the BAP layer, and/or iv. the one or more Backhaul Radio Link Channels.’ (Zhu: [0013]: “the data packet is duplicated at a GTP layer of the first node to obtain the M data packets, and the splitting, by the first node, the M data packets, and sending the M data packets to a second node through at least two paths”; Zhu: [0024]: “the first node is an access network device, and the second node is a wireless backhaul node; or the first node is a wireless backhaul node, and the second node is an access network device”, first node and second node may be symmetric in their roles. Therefore the teaching of Zhu may be the same as the claim).
Per claim 5 and 20:
Regarding claim 5, combination of Zhu, RP-182882 and Park teaches the method according to claim 3 (discussed above).
Zhu teaches ‘wherein the indication indicates whether or not to duplicate the one or more packets over the GTP layer and/or the one or more GTP tunnels’ (Zhu: [0013]: “the data packet is duplicated at a GTP layer of the first node… indication information is used to indicate whether to activate a data duplication function of the first node”);
‘wherein the one or more criteria are based on whether the first node is a node providing access to the communications network to one of the sending node and the receiving node or a Central Unit, CU, in one of the sending node and the receiving node’ (Zhu: [FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving); [0013]: “the first node is an access network device”).
Regarding claim 20, combination of Zhu, RP-182882 and Park teaches the method according to claim 19 (discussed above).
Zhu teaches ‘wherein the indication indicates whether or not to duplicate the one or more packets over the GTP layer and/or the one or more GTP tunnels’ (Zhu: [0013]: “the data packet is duplicated at a GTP layer of the first node… indication information is used to indicate whether to activate a data duplication function of the first node”);
‘wherein the one or more criteria are based on whether the first node is a node providing access to the communications network to one of the sending node and the receiving node or a Central Unit, CU, in one of the sending node and the receiving node’ (Zhu: [FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving); [0013]: “the first node is an access network device”).
Per claim 10 and 24:
Regarding claim 10, combination of Zhu, RP-182882 and Park teaches the method according to claim 4 (discussed above).
Zhu teaches ‘wherein the indication is a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications);
‘indicates whether or not to duplicate the one or more packets over the BAP layer and/or the Backhaul Radio Link Channels’ (Zhu: [0024]: “the first node is an access network device”; [FIG.7]: first node may be “IAB 4”, “Adapt” protocol layer on the backhaul interface (Backhaul Adapt Protocol); [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”, may indicate whether to duplicate over BAP layer);
‘wherein the indication indicates one of: - a suggestion or an instruction to duplicate or not the one or more packets, or - a suggestion or an instruction to stop duplication of the one or more packets’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”).
Regarding claim 24, combination of Zhu, RP-182882 and Park teaches the method according to claim 19 (discussed above).
Zhu teaches ‘wherein the indication is a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications);
‘indicates whether or not to duplicate the one or more packets over the BAP layer and/or the Backhaul Radio Link Channels’ (Zhu: [0024]: “the first node is an access network device”; [FIG.7]: first node may be “IAB 4”, “Adapt” protocol layer on the backhaul interface (Backhaul Adapt Protocol); [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”, may indicate whether to duplicate over BAP layer);
‘wherein the indication indicates one of: - a suggestion or an instruction to duplicate or not the one or more packets, - a suggestion or an instruction to stop duplication of the one or more packets, or - a radio condition of an original path of the one or more packets’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”).
Regarding claim 11, combination of Zhu, RP-182882 and Park teaches the method according to claim 10 (discussed above).
Zhu teaches ‘a BAP control PDU’ (Zhu: [FIG.7]: “Adapt” protocol layer on the backhaul interface (Backhaul Adapt Protocol); [0102]: “indication information may be used to indicate that content encapsulated at the Adapt layer includes … a radio resource control (RRC) message of the UE, an RRC message of the IAB node, a control layer application message”).
Regarding claim 12, combination of Zhu, RP-182882 and Park teaches the method according to claim 1 (discussed above).
Zhu teaches ‘wherein the indication is a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications);
‘receiving a fifth indication from the second node confirming receipt of the fourth indication’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”; [FIG.13]: step 1301a: second node to first node: “Feedback information”; [0030]: “receiving, by the first node, feedback information from the second node, where the feedback information is used to indicate that a data packet is correctly received”).
Per claim 14 and 27:
Regarding claim 14, combination of Zhu, RP-182882 and Park teaches the method according to claim 1 (discussed above).
Zhu teaches ‘wherein the first node is one of: the sending node, a node providing access to the communications network to one of the sending node’ (Zhu: [FIG.13]: “First Node” (sending/receiving); [0024]: “the first node is an access network device”; [FIG.11]: the first node may be “IAB 4” which provides access to the UE to send packets to the network);
‘the receiving node, a donor Distributed unit, DU, and/or the at least one intermediate node between the sending node and the receiving node’ (this is optional).
Regarding claim 27, combination of Zhu, RP-182882 and Park teaches the method according to claim 16 (discussed above).
Zhu teaches ‘wherein the first node is one of: the sending node, a node providing access to the communications network to one of the sending node’ (Zhu: [FIG.13]: “First Node” (sending/receiving); [0024]: “the first node is an access network device”; [FIG.11]: the first node may be “IAB 4” which provides access to the UE to send packets to the network);
‘the receiving node, a donor Distributed unit, DU, and/or the at least one intermediate node between the sending node and the receiving node’ (this is optional).
Per claim 15 and 28:
Regarding claim 15, combination of Zhu, RP-182882 and Park teaches the method according to claim 1 (discussed above).
Zhu teaches ‘wherein the communications network is an Integrated Access and Backhaul, IAB, network’ (Zhu: [FIG.1]: IAB network; [0004]: “an integrated access and backhaul (IAB)”).
Regarding claim 28, Zhu teaches the method according to claim 16 (discussed above).
Zhu teaches ‘wherein the communications network is an Integrated Access and Backhaul, IAB, network’ (Zhu: [FIG.1]: IAB network; [0004]: “an integrated access and backhaul (IAB)”).
Per claim 25 and 35:
Regarding claim 35, combination of Zhu, RP-182882 and Park teaches the second node according to claim 33 (discussed above).
Zhu teaches ‘wherein the indication is configured to be a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications);
‘wherein the second node is further configured to: - send a fifth indication to the first node confirming receipt of the fourth indication’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”; [FIG.13]: step 1301a: second node to first node: “Feedback information”; [0030]: “receiving, by the first node, feedback information from the second node, where the feedback information is used to indicate that a data packet is correctly received”, second node may send an indication about the receipt of indication from first node).
Regarding claim 25, claim 25 recites the method implemented by the second node of claim 35 (see rejection of claim 35 above).
Per claim 26 and 36:
Regarding claim 36, combination of Zhu, RP-182882 and Park teaches the second node according to claim 32 (discussed above).
Zhu teaches ‘wherein the indication is configured to be a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications);
Regarding claim element, ‘wherein the second node is further configured to: - process at least one of the one or more packets and the one or more duplicates based on the received fourth indication and - send the processed at least one of the one or more packets and or the one or more duplicates towards the receiving node’, Zhu teaches that first node may process packet and send duplicate packet to second node based on indication received (Zhu: [0009]: “by the first node”, “the data packet is a data packet received from a specified wireless backhaul node … the data packet is a data packet in a specified QoS flow of a specified terminal; and the data packet is a data packet carrying first indication information, where the first indication information is used to indicate that a packet loss rate of the data packet is less than or equal to a preset threshold. In this possible implementation, a network may enable a duplication function for a specific data packet, to meet a QoS requirement of a service corresponding to the data packet”; [0013]: “the data packet is duplicated at a GTP layer of the first node to obtain the M data packets, and the splitting, by the first node, the M data packets, and sending the M data packets to a second node through at least two paths … indication information is used to indicate whether to activate a data duplication function of the first node”) and, first node and second node may be symmetric in their roles (Zhu: [0024]: “the first node is an access network device, and the second node is a wireless backhaul node; or the first node is a wireless backhaul node, and the second node is an access network device”). Therefore, the teaching of Zhu may be the same as the claim.
Regarding claim 26, claim 26 recites the method implemented by the second node of claim 36 (see rejection of claim 36 above).
Regarding claim 38, combination of Zhu, RP-182882 and Park teaches the method according to claim 4 (discussed above).
Zhu teaches ‘wherein the indication is a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications);
‘indicates whether or not to duplicate the one or more packets over the BAP layer and/or the Backhaul Radio Link Channels’ (Zhu: [0024]: “the first node is an access network device”; [FIG.7]: first node may be “IAB 4”, “Adapt” protocol layer on the backhaul interface (Backhaul Adapt Protocol); [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”, may indicate whether to duplicate over BAP layer).
Combination of Zhu and Park teaches ‘wherein the indication indicates: - a radio condition of an original path of the one or more packets’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”; [0020]: “a data packet born on a specified radio bearer of a specified terminal … where the first indication information is used to indicate that a packet loss rate of the data packet is less than or equal to a preset threshold. In this possible implementation, a network may enable a duplication function for a specific data packet, to meet a QoS requirement of a service corresponding to the data packet”; [0022]: “a QoS guarantee capability of data transmission of a service of the specified terminal can be improved; when any path between some specific nodes cannot meet a QoS requirement of a data packet needing to be transmitted, duplicate transmission may be performed through another path”; indication of condition such as packet loss of a radio bearer for a path. Park: [0334]: “if the RSRP and/or the RSRQ is equal to or lower than a threshold value (e.g. RSRP<α dB and/or RSRQ<β dB), the first access node may determine the need of packet duplication”; [0528]: “The backhaul link radio condition may comprise at least one of RSRP/RSRQ … the first access node may determine the packet duplication (e.g. activation/deactivation of the packet duplication) based on the backhaul link radio condition”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Park’s teaching of radio condition with that of Zhu in order to determine packet duplication based on the backhaul radio condition (see reference quotes in element above).
Claims 6-9, 21-23 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over combination of Zhu, RP-182882 and Park, in view of Xu et al. (US 20220394787 A1), hereinafter “Xu”.
Per claim 6 and 21:
Regarding claim 6, combination of Zhu, RP-182882 and Park teaches the method according to claim 5 (discussed above).
Zhu teaches ‘wherein the indication is a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications); ‘wherein the second node is the node providing access to the communications network to one of the sending node and the receiving node’ (Zhu: FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving); [0013]: “the second node is an access network device”; [FIG.11]: the second node may be “IAB 4” which provides access to the UE to send packets to the network);
Zhu teaches the criteria such as packet loss rate and QoS requirement for duplication function determination (discussed in claim 4 above).
Combination of Zhu, RP-182882 and Park does not expressly teach, but Xu in the same field of endeavor teaches ‘wherein the one or more criteria comprise at least one of: - a first quality of a downlink signal’ (Xu: [0102]: “downlink signal quality of carriers associated with the radio bearer”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Xu’s teaching with that of combination of Zhu, RP-182882 and Park in order to optimize data transmission based on radio quality information (Xu: [0006]: “data transmission can be optimized more effectively based on the logical channel-level radio quality information”).
Regarding claim 21, combination of Zhu, RP-182882 and Park teaches the method according to claim 20 (discussed above).
Zhu teaches ‘wherein the indication is a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications); ‘wherein the second node is the node providing access to the communications network to one of the sending node and the receiving node’ (Zhu: FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving); [0013]: “the second node is an access network device”; [FIG.11]: the second node may be “IAB 4” which provides access to the UE to send packets to the network);
Zhu teaches the criteria such as packet loss rate and QoS requirement for duplication function determination (discussed in claim 4 above).
Combination of Zhu, RP-182882 and Park does not expressly teach, but Xu in the same field of endeavor teaches ‘wherein the one or more criteria comprise at least one of: - a first quality of a downlink signal’ (Xu: [0102]: “downlink signal quality of carriers associated with the radio bearer”); ‘and/or - a first indication (of an inference or measurement report) of a second quality of an uplink signal received from a wireless device comprised in the communications network, the wireless device being one of the sending node and the receiving node’ (these are optional).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Xu’s teaching with that of combination of Zhu, RP-182882 and Park in order to optimize data transmission based on radio quality information (Xu: [0006]: “data transmission can be optimized more effectively based on the logical channel-level radio quality information”).
Per claim 7 and 22:
Regarding claim 7, combination of Zhu, RP-182882, Park and Xu teaches the method according to claim 6 (discussed above).
Zhu teaches ‘wherein the first node is a donor Distributed Unit, DU (Zhu: [FIG.8]: “Donor gNB”, “Donor-DU”; [0024]: “the first node is a wireless backhaul node”, first node may be a donor DU for wireless backhaul);
‘wherein the indication indicates a suggestion about whether to duplicate or not the one or more packets’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”).
Regarding claim 22, combination of Zhu, RP-182882, Park and Xu teaches the method according to claim 20 (discussed above).
Zhu teaches ‘wherein the first node is a donor Distributed Unit, DU (Zhu: [FIG.8]: “Donor gNB”, “Donor-DU”; [0024]: “the first node is a wireless backhaul node”, first node may be a donor DU for wireless backhaul);
‘wherein the indication indicates a suggestion about whether to duplicate or not the one or more packets’ (Zhu: [0013]: “indication information is used to indicate whether to activate a data duplication function of the first node”).
Per claim 8 and 23:
Regarding claim 8, combination of Zhu, RP-182882, Park and Xu teaches the method according to claim 7 (discussed above).
Zhu teaches ‘wherein the indication is comprised in one of: - a GTP-U Protocol Data Unit, PDU, or - a UE CONTEXT MODIFICATION REQUIRED message from the DU to the CU’ (Zhu: [FIG.8]: “Donor-DU”, “GTP”; [0013]: “via peer GTP layers of the first node … to indicate to activate the data duplication function of the first node”, the indication may be via GTP-U PDU).
Regarding claim 23, combination of Zhu, RP-182882, Park and Xu teaches the method according to claim 22 (discussed above).
Zhu teaches ‘wherein the indication is comprised in one of: - a GTP-U Protocol Data Unit, PDU, or - a UE CONTEXT MODIFICATION REQUIRED message from the DU to the CU’ (Zhu: [FIG.8]: “Donor-DU”, “GTP”; [0013]: “via peer GTP layers of the first node … to indicate to activate the data duplication function of the first node”, the indication may be via GTP-U PDU).
Regarding claim 9, combination of Zhu, RP-182882, Park and Xu teaches the method according to claim 7 (discussed above).
Combination of Zhu, RP-182882, Park does not expressly teach, but Xu teaches ‘wherein the indication is comprised in an Assistance Information Data PDU’ (Xu: [TABLE 1]: “PDU Type (=2)”, “Assistance Information Indication”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Xu’s teaching with that of combination of Zhu, RP-182882 and Park in order to include PDCP duplication activation suggestion in the indication (Xu: [0112]: “The PDCP duplication indication is used to indicate that the data frame includes the PDCP duplication activation suggestion”).
Regarding claim 37, combination of Zhu, RP-182882 and Park teaches the method according to claim 5 (discussed above).
Zhu teaches ‘wherein the indication is a fourth indication’ (Zhu: [0009]: “first indication”; [0013]: “second indication”; [0030]: “third indication”; multiple indications);
‘wherein the second node is the node providing access to the communications network to one of the sending node and the receiving node’ (Zhu: FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving); [0013]: “the second node is an access network device”; [FIG.11]: the second node may be “IAB 4” which provides access to the UE to send packets to the network);
‘the wireless device being one of the sending node and the receiving node’ (Zhu: FIG.13]: “First Node” (sending/receiving), “Second node” (sending/receiving)).
Combination of Zhu and Park teaches ‘wherein the one or more criteria comprises: - a first indication of an inference or measurement report of a second quality of an uplink signal received from a wireless device comprised in the communications network’ (Zhu: [0020]: “a data packet born on a specified radio bearer of a specified terminal … where the first indication information is used to indicate that a packet loss rate of the data packet is less than or equal to a preset threshold. In this possible implementation, a network may enable a duplication function for a specific data packet, to meet a QoS requirement of a service corresponding to the data packet”; [0013]: “indication information is used to indicate to activate the data duplication function of the first node, activating, by the first node, the data duplication function of the first node according to the second indication information”; criteria such as packet loss rate and QoS requirement. Park: [0328]: “the one or more criteria may comprise a measurement report (e.g. RRC layer message) received from the wireless device, one or more received signal (e.g. sounding reference signal (SRS)) from the wireless device”; [0334]: “if the RSRP and/or the RSRQ is equal to or lower than a threshold value (e.g. RSRP<α dB and/or RSRQ<β dB), the first access node may determine the need of packet duplication”; [0528]: “The backhaul link radio condition may comprise at least one of RSRP/RSRQ … the first access node may determine the packet duplication (e.g. activation/deactivation of the packet duplication) based on the backhaul link radio condition”). However, combination of Zhu, RP-182882 and Park fails to expressly teach an uplink signal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Park’s teaching of radio condition with that of Zhu in order to determine packet duplication based on the backhaul radio condition (see reference quotes in element above).
Xu teaches uplink signal quality (Xu: [0103]: “uplink signal quality of carriers associated with the radio bearer”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Xu’s teaching with that of combination of Zhu, RP-182882 and Park in order to optimize data transmission based on radio quality information (Xu: [0006]: “data transmission can be optimized more effectively based on the logical channel-level radio quality information”).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Zhu, RP-182882 and Park as applied to claim 12 above, further in view of TS38.473 (“F1 application protocol (F1AP)”), hereinafter “TS38.473”.
Regarding claim 13, combination of Zhu, RP-182882 and Park teaches the method according to claim 12 (discussed above).
Zhu teaches ‘wherein the fifth indication is comprised in a UE CONTEXT MODIFICATION CONFIRM message’ (Zhu: [0102]: “indication information may be used to indicate … One node may send a first message to a peer F1AP layer of another node via an F1AP layer of the node. The first message includes context management information of a terminal”). However, combination of Zhu, RP-182882 and Park fails to expressly teach UE CONTEXT MODIFICATION CONFIRM message.
However, TS38.473 in the same field of endeavor teaches UE CONTEXT MODIFICATION CONFIRM message over F1AP (TS38.473: [Figure 8.3.5.2-1]: gNB-CU to gNB-DU: “UE CONTEXT MODIFICATION CONFIRM”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.473’s teaching with that of combination of Zhu, RP-182882 and Park to conform to 3GPP specification on F1AP in order to promote corroboration and inter-operation (TS38.473: [Title]: “F1 application protocol (F1AP)”).
Conclusion
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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/G.F./Examiner, Art Unit 2462
/YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462
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