DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. The instant application claims priority to Foreign application Filed: 06/17/2020.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted, IDS - 12/27/2022, 02/01/2024 and 06/02/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims
particularly pointing out and distinctly claiming the subject matter which the
inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and
distinctly claiming the subject matter which the applicant regards as his invention.
5. Claim 35 - 38 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
AIA ), second paragraph, as being indefinite for failing to particularly point out and
distinctly claim the subject matter which the inventor or a joint inventor (or for
applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 35 recite the limitation "the relay device according to claim 16, wherein the first…"
in line 1 of corresponding claims. There is insufficient antecedent basis for this
limitation in the claim. For examination purposes Claim 35 will be read as if
dependent of claim 34 (instead 16).
Claim 36 recite the limitation " The relay device according to claim 17, wherein the processor…" in line 1 of corresponding claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes Claim 36 will be read as if
dependent of claim 34 (instead 17).
Claim 37 recite the limitation " The relay device according to claim 16, wherein the processor…" in line 1 of corresponding claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes Claim 37 will be read as if
dependent of claim 34 (instead 16).
Claim 38 recite the limitation " The relay device according to claim 16, wherein communication…" in line 1 of corresponding claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes Claim 38 will be read as if
dependent of claim 34 (instead 16).
Claim Rejections - 35 USC § 102
6. 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.
7. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or
in public use, on sale or otherwise available to the public before the effective
filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151,
or in an application for patent published or deemed published under section
122(b), in which the patent or application, as the case may be, names another
inventor and was effectively filed before the effective filing date of the claimed
invention.
8. Claims 1-10, and 34-38 are rejected under 35 U.S.C. 102(a)(2) as being
anticipated by Lu et al. (US-20220408342-A1) hereinafter “Lu”
Regarding Claim 1,
Lu discloses, ‘A communication method, comprising: in a case that a relay device and a terminal device perform handover from a first access network device to a second access network device, [[and]] receiving, by the relay device, a data packet sent by the terminal device, wherein the data packet comprises first identification information, and the first identification information is used to identify sending the data packet to the second access network device’ (Disclosure, a relay method, a method communication between the remote terminal and the network device can be achieved flexibly [0006] and Fig. 6. Fig. 3 and Fig. 4 illustrates identification information in PDU. Further, Fig. 14 illustrates a relay terminal and a terminal device perform switch from first network device to second network device as identical claim switches between access network. First relay data packet i.e. PDU includes a switch message. The switch message is configured to send to the relay terminal to establish connection with a second access network from first network [0278-0282]. Fig. 14 initiates and perform required procedures to switch between access network and Fig. 15 illustrates completion procedures. Fig. 9 and 11 illustrates steps to first data packet PDU sent from terminal to relay device that includes identifier information. Fig. 14 and 15 illustrates switch between access network and includes identifier of access network [0283]);
And discloses, ‘and sending, by the relay device, the data packet to the second access network device based on the first identification information.’ ( Fig. 15 illustrates data packet sent to second network device by the relay device. Data packet includes identifier from source to destination [0085-0086]; Disclosure provide of update routing tables apparatus to generate route table whenever there are changes/updates and generate route table autonomously [0034], [0071],[0074] and Fig. 21. Disclosure provide Disclosure further enhanced capacity as part of relay method and dual connectivity where a remote terminal can have access to from one relay to another relay terminal as shown in Fig. 6. And, while provided sidelink relay by the relay terminal, relay terminal further switches between access networks or between cells as shown in Fig. 12 to Fig. 15. Remote terminal though connected to relay device need to have configuration for connectivity to access network that is performed by handover/switch procedures.)
Regarding Claim 2,
‘The method according to claim 1’ (disclosed above),
Lu discloses, ‘wherein the first identification information comprises an identification of the relay device under the second access network device and/or an identification of the terminal device under the second access network device’ (identification information in PDU includes terminal identifier and destination device identifier Fig. 9, 13 and [0085-0086]. Fig. 14 and Fig. 15 illustrates relay terminal switches between access network and terminal device to second network access/destination network device);
And discloses, ‘wherein the identification of the relay device under the second access network device is different from an identification of the relay device under the first access network device, and/or the identification of the terminal device under the second access network device is different from an identification of the terminal device under the first access network device.’ (Fig. 14 and 15 illustrates terminal and relay device two access network or cell. Network/cell identifier not identical and route table updates identifier information [0085-0086] and [0128] whenever there are changes in connections.)
Regarding Claim 3,
‘The method according to claim 2’ (disclose above),
Lu discloses, ‘further comprising: receiving, by the relay device, a first message sent by the terminal device, wherein the first message comprises the identification of the relay device under the second access network device and/or the identification of the terminal device under the second access network device.’ (Fig. 9 illustrates steps send connection message to relay terminal from remote terminal includes PDU. Remote terminal though connected to remote terminal establish route to network device as part of access network and core network. the relay receiver entity of the relay terminal receives the first relay PDU sent by the prior node and transmits the first relay PDU to the relay sender entity. Protocol header includes identifier information [0188]. Fig. 13 and 15 illustrates identification to second access network)
Regarding Claim 4,
‘The method according to claim 3’ (disclose above),
Lu discloses, ‘wherein the first message is a handover command response.’ (As illustrated in Fig. 9, remote terminal send PDU to relay terminal for connection. Further, Fig. 15 illustrates process where remote terminal and relay terminal switch between access network. Disclosure provide two separate part of switch between access network that is usually in connection procedures between source and destination access networks/access nodes and connectivity to core network. For relay transmission as shown in Fig. 9 and also Fig. 15 illustrates initial connectivity between remote and relay terminal. Fig. 15 illustrates details steps to switch between access network to identify access network within a coverage and send network measurement report to target network)
Regarding Claim 5,
‘The method according to claim 2’ (disclose above),
Lu discloses, ‘further comprising: sending, by the relay device, a second message to the terminal device, wherein the second message comprises the identification of the relay device under the second access network device.’ (Fig. 13 shows identification of relay device to access network and Fig. 15 illustrates as part between source to destination network update identification or identifier and sent to terminal device by remote terminal)
Regarding Claim 6,
‘The method according to claim 5’ (disclose above),
Lu discloses, ‘wherein the second message is a handover command.’ (As disclosed in Claim 4 and Claim 5 further illustrates in Fig. 15 steps to switch between access networks.)
Regarding Claim 7,
‘The method according to claim 1’ (disclose above),
Lu discloses, ‘wherein in the case that the relay device and the terminal device perform handover from the first access network device to the second access network device, [[and]] receiving, by the relay device, the data packet sent by the terminal device comprises: in the case that the relay device and the terminal device perform handover from the first access network device to the second access network device, [[and]] receiving, by the relay device, a radio link control (RLC) data protocol data unit (PDU) sent by the terminal device, wherein the RLC data PDU comprises the first identification information.’ (Fig. 2 illustrates connection between relay terminal and access network/device includes RLC with Uu interface and connection between terminal and relay PC5 L2/L1 layers; Fig. 3 and 4 PDU includes identifier. Fig. 9 illustrates sent from terminal to relay terminal. While switches between source to target-network or access network and uses RLC protocol [0286]; Fig. 10 illustrates protocol stack. Disclosure provides procedure regarding RLC PDU initiated from sender terminal and configured for data segmentation and retransmission. The RLC provides services to the PDCP in a form of RLC signaling [0044]. RLC segments the PDCP PDU and add a RLC header [0049]. RLC PDU may be sent to the MAC layer to multiplex various RLC PDUs and add a new MAC header to form a new transmission block. At a receiver side i.e. relay terminal, the MAC layer is configured for demultiplexing correspondingly, and forwarding the RLC PDU to a respective RLC entity [0050-0051].)
Regarding Claim 8,
‘The method according to claim 7’ (disclose above),
Lu discloses, ‘wherein a header of the RLC data PDU comprises the first identification information.’ (PDU includes RLC segments the PDCP PDU and add a RLC header in RLC PDU [0049-0051]. Disclosure claim 1 to 4 includes PDU with identifier or identification information.)
Regarding Claim 9,
‘The method according to claim 8’ (disclose above),
Lu discloses disclose , ‘wherein the first identification information is one bit of information in the header of the RLC data PDU.’ (RLC PDU and identification information or identifier source/destination in PDU and reserved bit [0089], Fig. 3 and Fig. 4.
Regarding Claim 10,
‘The method according to claim 1’ (disclose above),
Lu discloses, ‘wherein communication between the terminal device and the relay device is performed through a sidelink, and communication between the relay device and the second access network device is performed through an uplink and a downlink.’ (communication between terminal device and relay device performed through sidelink PC5 interface as illustrated Fig. 2 and Fig. 10. And, interface between relay terminal and network device Uu interface. Fig. 10 includes protocol stacks and connectivity or interface between relay terminal and access network. Connection between remote terminal and network device through an uplink and a downlink or MCG/SCG [0273-0277])
Regarding Claim 34,
Lu discloses, ‘A relay device, comprising: a memory for storing program instructions; and a processor for calling and executing the program instructions in the memory to execute the following operations:’ (Fig. 19 and Fig. 22)
Identical to Claim 10 disclosed above, ‘in a case that a relay device and a terminal device perform handover from a first access network device to a second access network device, receiving a data packet sent by the terminal device, wherein the data packet comprises first identification information, and the first identification information is used to identify sending the data packet to the second access network device; and sending the data packet to the second access network device based on the first identification information.’
Regarding Claim 35,
‘The relay device according to claim 34’ (disclosed above),
Identical to Claim 2 disclosed above, ‘wherein the first identification information comprises an identification of the relay device under the second access network device and/or an identification of the terminal device under the second access network device; wherein the identification of the relay device under the second access network device is different from an identification of the relay device under the first access network device, and/or the identification of the terminal device under the second access network device is different from an identification of the terminal device under the first access network device.’
Regarding Claim 36,
‘The relay device according to claim 34’ (disclosed above),
Identical to Claim 3 disclosed above, ‘wherein the processor is configured to execute the following operations: receiving, by the relay device, a first message sent by the terminal device, wherein the first message comprises the identification of the relay device under the second access network device and/or the identification of the terminal device under the second access network device.’
Regarding Claim 37,
‘The relay device according to claim 34 wherein the processor is further configured to execute the following operations:’ (disclosed above),
Identical to Claim 2 disclosed above, ‘in the case that the relay device and the terminal device perform handover from the first access network device to the second access network device, and receiving a radio link control (RLC) data protocol data unit (PDU) sent by the terminal device, wherein the RLC data PDU comprises the first identification information.’
Regarding Claim 38,
‘The relay device according to claim 34’ (disclosed above),
Identical to Claim 10 disclosed above, ‘wherein communication between the terminal device and the relay device is performed through a sidelink, and communication between the relay device and the second access network device is performed through an uplink and a downlink.’
Claim Rejections - 35 USC § 103
9. 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
he 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:
• Determining the scope and contents of the prior art.
• Ascertaining the differences between the prior art and the claims at issue.
• Resolving the level of ordinary skill in the pertinent art.
• 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.
10. Claims 11- 15 are rejected under 35 U.S.C. 103 as being unpatentable
over Lu et al. in view of 3GPPP- R2-1702609 (3GPP TSG-RAN2 Meeting, 2017) hereinafter “3GPP”.
Regarding Claim 11,
Lu discloses, ‘A communication method, comprising: in a case that a relay device and a terminal device perform handover from a first access network device to a second access network device, [[and]] receiving, by the relay device, a data packet sent by the terminal device’ (identical to Claim 1 disclosed above);
Regarding claim element, ‘and sending, by the relay device, the data packet to the second access network device based on an identification of the data packet and a boundary data packet identification indicated by a third message;
Lu discloses, ‘and sending, by the relay device, the data packet to the second access network device based on an identification of the data packet’ as part of communication (disclosed above in Claim 1 and Fig. 15 last step data packet sent to target network device to confirm identification), and discloses header information includes a sequence/serial number, Fig. 3 and 4, [0048]. Update route table [0379] and didn’t disclose last data packet sequence or ‘boundary packet identification’,
3GPP-R2-1702609, in the same field of endeavor discloses, PDU format includes sequence SN to identify the PDU segments first and last sequence number/ SN that can clearly identify extend of PDU sequences.
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Lu to include
with that of 3GPP to combine and come up with the claim invention; someone would be motivated to further include in the disclosure of Lu where disclosure specifically provides relay PDU format to include identifier information. There can be multiple transmission and retransmission in PDCP and RLC L2 layer. To reduce latency, data packet are sent avoid orderly-sequence that require to include SN to identify deduplication of data packet. These would enhance communication reliability when terminal and relay terminal switches between access network and data packet/PDU carrying SN to be transmitted with accuracy/reliability to be sent to destination access network and complete handover/switch procedure.
Identical to claim element disclosed above, ‘wherein the boundary data packet identification comprises an identification of a last data packet sent by the terminal device to the first access network device, or the boundary data packet identification comprises an identification of a first data packet sent by the terminal device to the second access network device.’
Regarding Claim 12,
‘The method according to claim 11’ (disclosed above), ‘further comprising: receiving the third message, wherein the third message comprises the boundary data packet identification.’ (Identical to disclosed above in Claim 11 and further, Lu Fig. 15 last data packet sent to target network device to confirm identification and Fig. 16 illustrates route table updates.)
Regarding Claim 13,
‘The method according to claim 11 [[or 12]] ’(disclosed above),
Identical to claim 11 and 12 disclosed above, ‘wherein sending, by the relay device, the data packet to the second access network device based on the identification of the data packet and the boundary data packet identification indicated by the third message comprises: sending the data packet to the second access network device upon determining that [[if]] the identification of the data packet is greater than the identification of the last data packet.’ (as disclosed above in Claim 11 and 12, PDU format include SN that can identify the sequence).
Regarding Claim 14,
‘The method according to claim 11’(disclosed above),
Identical to claim 11 and 12 disclosed above, ‘wherein sending, by the relay device, the data packet to the second access network device based on the identification of the data packet and the boundary data packet identification indicated by the third message comprises: sending the data packet to the second access network device if the identification of the data packet is greater than or equal to the identification of the first data packet.’ (as disclosed above in Claim 11 and 12, PDU format include SN that can identify the sequence of first PDU SN to last PDU SN)
Regarding Claim 15,
‘The method according to claim11’ (disclosed above),
Identical to Claim 10 disclosed above, ‘wherein communication between the terminal device and the relay device is performed through a sidelink, and communication between the relay device and the second access network is performed through an uplink and a downlink.’
Conclusion
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/S.A./Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466