DETAILED ACTION
Applicant’s amendment and arguments filed June 11, 2026 is acknowledged.
Claims 1, 2, 5-7, 14, 15, and 18-20 have been amended.
Claims 3, 4, 8-13, 16, and 17 are cancelled.
Claims 21-24 have been newly added.
Claims 1, 2, 5-7, 14, 15, and 18-24 are currently pending.
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
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, 2, 6, 7, 14, 15, 19-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over CHENG et al. (hereinafter Cheng) (U.S. Patent Application Publication # 2021/0352750 A1) in view of KIM et al. (hereinafter Kim) (U.S. Patent Application Publication # 2021/0136635 A1), and further in view of Parkvall et al. (hereinafter Parkvall) (U.S. Patent Application Publication # 2021/0126726 A1).
Regarding claims 1 and 14, Cheng teaches a method and a first node (base station, 105-l, figures 7 and 14) for wireless communications, comprising:
a first transmitter (transmitter, figure 14) operatively coupled to a first processor (communication manager, figure 14), the transmitter and processor configured to transmit a first data unit set via a first air interface to a third node (UE, 115 figures 7 and 10) over a direct path associated with a first radio bearer; a first receiver (receiver, figure 14) operatively coupled to the first processor (communication manager, figure 14), the receiver and processor configured to receive a first message (MAC message) via the first air interface, the first message being used to determine that at least the first data unit set is correctly received; the first processor (manager, figure 14) and transmitter configured to transmit the first data unit set to a second node (base station, 105-m, figure 7) through a first link or an indirect path associated with the first radio bearer (backhaul link) ([0123]; “…communicate with one another over backhaul links 134 (e.g., via an X2, Xn, or other interface) either directly (e.g., directly between base stations 105) or indirectly…”; [0157]; “…establish a backhaul link 134-a (e.g., via an X2, Xn, or other interface)…”; teaches transmitting the data unit set through the link to the second base station); and the first transmitter and processor configured to transmit a second message (MAC message) via a second air interface, the second message being used to indicate the first data unit set ([0110]; [0136]; [0137]; [0247]; [0248]; teaches a first base station transmitting a first data set to the second base station via an air interface and determining based on HARQ/ACK whether the data unit was correctly received and then further transmitting a message via another air interface to indicate the data unit).
However, Cheng may not explicitly disclose wherein the first message is a Radio Link Control (RLC) message or a Packet Data Convergence Protocol (PDCP) message, wherein the first radio bearer is configured such that the third node receives data units of the first radio bearer over a direct path from the first node and over an indirect path via the second node, wherein a data unit belonging to the first radio bearer is simultaneously receivable by the third node from the first node and the second node, wherein the second message indicates one or more PDCP data units in the first data unit set using at least one PDCP sequence number or COUNT value, and wherein the second node determines, based on the second message, whether to transmit, delay, or discard at least one of the one or more PDCP data units over the indirect path (although Cheng does suggest transmitting an HARQ feedback indicating data is correctly received).
Nonetheless, in the same field of endeavor, Kim teaches and suggests wherein the first message is a Radio Link Control (RLC) message or a Packet Data Convergence Protocol (PDCP) message (PDCP SDUs), wherein the first radio bearer is configured such that the third node (UE, figures 1F-G) receives data units of the first radio bearer over a direct path from the first node (eNB, 1-02, figures 1F-G) and over an indirect path via the second node (eNB, 1-03, figures 1F-G), wherein a data unit belonging to the first radio bearer is simultaneously receivable by the third node from the first node and the second node, wherein the second message indicates one or more PDCP data units (PDCP SDUs) in the first data unit set using at least one PDCP sequence number or COUNT value, and wherein the second node determines, based on the second message, whether to transmit, delay, or discard at least one of the one or more PDCP data units over the indirect path ([0245]; [0246]; teaches a PDCP SDU message, and the dual connectivity (DC) UE receives a first bearer configured to receive PDCP data units from the first eNB and second eNB simultaneously and using a COUNT value for controlling PDCP SDU transmission, including discarding data units).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a PDCP SDU message, and the dual connectivity (DC) UE receives a first bearer configured to receive PDCP data units from the first eNB and second eNB simultaneously and using a COUNT value for controlling PDCP SDU transmission, including discarding data units as taught by Kim with the method and node for transmitting message between a first and second base station as disclosed by Cheng for the purpose of effectively providing a service in a mobile communication system, as suggested by Kim.
However, Cheng, as modified by Kim, may not explicitly disclose wherein the transmitter of the first message is the third node and is not co-located with the second node.
Nonetheless, in the same field of endeavor, Parkvall teaches and suggests wherein the transmitter of the first message is the third node and is not co-located with the second node ([0426]; [1504]; “…both ideal and non-ideal backhaul and can thus operate in both co-located and non-co-located deployments. Still some of the same coordination features as for lower layer integration can be supported, e.g., load balancing, user plane aggregation, control plane diversity, coordinated RAT scheduling…access can be selected per PDCP PDU and RLC retransmissions are access specific…”; teaches the base station is co-located with the receiver of the PDCP PDU and not co-located with the transmitter of the PDCP PDU).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the base station is co-located with the receiver of the PDCP PDU and not co-located with the transmitter of the PDCP PDU as taught by Parkvall with the method and node as disclosed by Cheng, as modified by Kim, for the purpose of self-backhauling access nodes in a 5G network, as suggested by Parkvall.
Regarding claims 2 and 15, Cheng, as modified by Kim and Parkvall, further teaches and suggests receiving a third message via the second air interface, the third message being used to determine that at least a second data unit set is correctly received; determining whether at least one PDCP data unit in the second data unit set is transmitted via the first air interface over the direct path according to at least the third message; wherein the second data unit set is transmitted by the first node to the second node through the first link for the indirect path, and wherein determining whether the at least one PDCP data unit is transmitted comprises determining whether to transmit, delay, or discard the at least one PDCP data unit to avoid duplicate delivery over the direct path and the indirect path ([0110]; [0136]; [0137]; [0247]; [0248]; teaches receiving a HARQ/ACK for whether the data unit was correctly received and then further transmitting a data units via the backhaul).
Regarding claims 6 and 19, Cheng, as modified by Kim and Parkvall, further teaches and suggests the first transmitter, transmitting a first signaling via the first air interface, the first signaling being used to indicate that a data unit belonging to a first radio bearer is simultaneously received from the first node and the second node; wherein the first data unit set belongs to the first radio bearer, and wherein the first signaling comprises radio-bearer configuration signaling configuring the first radio bearer for communication over the direct path and the indirect path ([0109]; [0162]; teaches maintaining and receiving data units via data radio bearers).
Regarding claims 7 and 20, Cheng teaches a method and a second node (base station, 105-m, figures 7 and 14) for wireless communications, comprising: a processor (manager, figure 14) operatively connected to a receiver, the processor and receiver configured to receive a first data unit set from a first node (base station, 105-l, figure 7) through a first link for an indirect path associated with a first radio bearer (backhaul link) ([0123]; “…communicate with one another over backhaul links 134 (e.g., via an X2, Xn, or other interface) either directly (e.g., directly between base stations 105) or indirectly…”; [0157]; “…establish a backhaul link 134-a (e.g., via an X2, Xn, or other interface)…”; teaches transmitting the data unit set through the backhaul link via the Xn interface); the processor and receiver (receiver, figure 14) configured to receive a second message (MAC message) via a second air interface, the second message being used to indicate the first data unit set; wherein at least the first data unit set is transmitted by the first node via a first air interface to a third node (UE, 115 figures 7 and 10) over a direct path associated with the first radio bearer; a first message (MAC message) is received by the first node via the first air interface, and the first message is used to determine that at least the first data unit set is correctly received ([0110]; [0136]; [0137]; [0247]; [0248]; teaches a first base station transmitting a first data set to the second base station via an air interface and determining based on HARQ/ACK whether the data unit was correctly received and then further transmitting a message via another air interface to indicate the data unit).
However, Cheng may not explicitly disclose wherein the first message is a Radio Link Control (RLC) message or a Packet Data Convergence Protocol (PDCP) message; wherein the first radio bearer is configured such that the third node receives data units of the first radio bearer over a direct path from the first node and over an indirect path via the second node, wherein a data unit belonging to the first radio bearer is simultaneously receivable by the third node from the first node and the second node, wherein the second message indicates one or more PDCP data units in the first data unit set using at least one PDCP sequence number or COUNT value, and wherein the second node determines, based on the second message, whether to transmit, delay, or discard at least one of the one or more PDCP data units over the indirect path.
Nonetheless, in the same field of endeavor, Kim teaches and suggests wherein the first message is a Radio Link Control (RLC) message or a Packet Data Convergence Protocol (PDCP) message (PDCP SDUs); wherein the first radio bearer is configured such that the third node (UE, figures 1F-G) receives data units of the first radio bearer over a direct path from the first node (eNB, 1-02, figures 1F-G) and over an indirect path via the second node (eNB, 1-03, figures 1F-G), wherein a data unit belonging to the first radio bearer is simultaneously receivable by the third node from the first node and the second node, wherein the second message indicates one or more PDCP data units (PDCP SDUs) in the first data unit set using at least one PDCP sequence number or COUNT value, and wherein the second node determines, based on the second message, whether to transmit, delay, or discard at least one of the one or more PDCP data units over the indirect path ([0245]; [0246]; teaches a PDCP SDU message, and the dual connectivity (DC) UE receives a first bearer configured to receive PDCP data units from the first eNB and second eNB simultaneously and using a COUNT value for controlling PDCP SDU transmission, including discarding data units).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a PDCP SDU message, and the dual connectivity (DC) UE receives a first bearer configured to receive PDCP data units from the first eNB and second eNB simultaneously and using a COUNT value for controlling PDCP SDU transmission, including discarding data units as taught by Kim with the method and node for transmitting message between a first and second base station as disclosed by Cheng for the purpose of effectively providing a service in a mobile communication system, as suggested by Kim.
However, Cheng, as modified by Kim, may not explicitly disclose wherein a transmitter of the first message is the third node, and the third node is not co-located with the second node
Nonetheless, in the same field of endeavor, Parkvall teaches and suggests the wherein a transmitter of the first message is the third node, and the third node is not co-located with the second node ([0426]; [1504]; “…both ideal and non-ideal backhaul and can thus operate in both co-located and non-co-located deployments. Still some of the same coordination features as for lower layer integration can be supported, e.g., load balancing, user plane aggregation, control plane diversity, coordinated RAT scheduling…access can be selected per PDCP PDU and RLC retransmissions are access specific…”; teaches the base station is co-located with the receiver of the PDCP PDU and not co-located with the transmitter of the PDCP PDU).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the base station is co-located with the receiver of the PDCP PDU and not co-located with the transmitter of the PDCP PDU as taught by Parkvall with the method and node as disclosed by Cheng, as modified by Kim, for the purpose of self-backhauling access nodes in a 5G network, as suggested by Parkvall.
Regarding claims 21 and 23, Cheng discloses a first base station transmitting a first data set to the second base station via an air interface and determining based on HARQ/ACK whether the data unit was correctly received and then further transmitting a message via another air interface to indicate the data unit, but may not expressly disclose wherein PDCP duplication is activated for the first radio bearer, and wherein the first data unit set corresponds to duplicated PDCP data units deliverable over both the direct path and the indirect path.
Nonetheless, in the same field of endeavor, Kim further teaches and suggests wherein PDCP duplication is activated for the first radio bearer, and wherein the first data unit set corresponds to duplicated PDCP data units deliverable over both the direct path and the indirect path ([0296]; [0297]; [0358]; [0363]; teaches PDCP duplication detection for bearers over the paths).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate PDCP duplication detection for bearers over the paths as taught by Kim with the method and node for transmitting message between a first and second base station as disclosed by Cheng, as modified by Kim and Parkvall, for the purpose of effectively providing a service in a mobile communication system, as suggested by Kim.
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over CHENG et al. (hereinafter Cheng) (U.S. Patent Application Publication # 2021/0352750 A1) in view of KIM et al. (hereinafter Kim) (U.S. Patent Application Publication # 2021/0136635 A1) and Parkvall et al. (hereinafter Parkvall) (U.S. Patent Application Publication # 2021/0126726 A1), and further in view of XIAO et al. (hereinafter Xiao) (U.S. Patent Application Publication # 2016/0352643 A1).
Regarding claims 5 and 18, Cheng, as modified by Kim and Parkvall, discloses transmitting message between a first and second base station, but may not explicitly disclose wherein a first data unit is used to determine time-domain resources occupied by transmitting the second message; wherein the first data unit is a data unit with a minimum sequence number in the first data unit set, and wherein the minimum sequence number is a PDCP sequence number or a COUNT value.
Nonetheless, in the same field of endeavor, Xiao teaches and suggests wherein a first data unit (PDCP SDU) is used to determine time-domain resources occupied by transmitting the second message; wherein the first data unit is a data unit with a minimum sequence number in the first data unit set, and wherein the minimum sequence number is a PDCP sequence number or a COUNT value ([0002]; [0017]; [0026]; teaches the first data unit used to determine time-domain resources and the data unit comprises a minimum sequence number).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the first data unit used to determine time-domain resources and the data unit comprises a minimum sequence number as taught by Xiao with the method and node as disclosed by Cheng, as modified by Kim and Parkvall, for the purpose managing PDCP SDUs in dual connectivity deployment, as suggested by Xiao.
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over CHENG et al. (hereinafter Cheng) (U.S. Patent Application Publication # 2021/0352750 A1) in view of KIM et al. (hereinafter Kim) (U.S. Patent Application Publication # 2021/0136635 A1) and Parkvall et al. (hereinafter Parkvall) (U.S. Patent Application Publication # 2021/0126726 A1), and further in view of ZHENG et al. (hereinafter Zheng) (U.S. Patent Application Publication # 2023/0283411 A1).
Regarding claims 22 and 24, Cheng, as modified by Kim and Parkvall, discloses transmitting message between a first and second base station, but may not explicitly disclose wherein the second message comprises a first radio bearer identifier and an ACK_SN, and wherein the second message further comprises an ACK range or a bitmap indicating additional correctly received data units of the first data unit set relative to the ACK_SN.
Nonetheless, in the same field of endeavor, Zheng teaches and suggests wherein the second message comprises a first radio bearer identifier and an ACK_SN, and wherein the second message further comprises an ACK range or a bitmap indicating additional correctly received data units of the first data unit set relative to the ACK_SN ([0416]; [0419]; [0421]; [0422]; [0425]; teaches a bearer identifier and ACK SN comprising an ACK bitmap).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a bearer identifier and ACK SN comprising an ACK bitmap as taught by Zheng with the method and node as disclosed by Cheng, as modified by Kim and Parkvall, for the purpose of dynamically adjusting code rate using the rateless code, as suggested by Zheng.
Response to Arguments
Applicant’s arguments, filed June 11, 2026, with respect to the rejection(s) of claim(s) 1, 2, 5-7, 14, 15, and 18-24 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of KIM et al. (U.S. Patent Application Publication # 2021/0136635 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
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/Suk Jin Kang/
Examiner, Art Unit 2477
August 25, 2026
Prosecution Insights