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
In the amendment filed December 2, 2025, claims 1-8, 33-37, and 46 are amended, claims 1-8, 33-37, 43, and 46 are currently pending for examination.
Response to Arguments
Regarding claim objections applicant’s arguments, see page 7 paragraph 3, filed December 2, 2025, with respect to claims 33-37, 43 and 46 have been fully considered and are persuasive. The claim objections of claims 33-37, 43 and 46 have been withdrawn.
Regarding 35 U.S.C. 102 and 103 applicant’s arguments, see page 7 paragraph 3, filed December 2, 2025, with respect to claims 1-8, 33-37, 43, and 46 have been fully considered and are not persuasive.
Applicant’s arguments with respect to claim(s) 1-8, 33-37, 43, and 46 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Hence a new ground of rejection is further made in view of Yu et al (US Pub. No.:2022/0104292).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 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.
Claims 1-6, 33-37, 43 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (EP3585093A1), and further in view of Yu et al (US Pub. No.:2022/0104292).
As per claim 1, Tang disclose A base station (Fig. 1, base station 20, Fig.6, Network device 400) for a mobile telecommunications network, the base station comprising:
circuitry (see Fig.6, Processing unit 410) configured to:
transmit a predefined protocol data unit according to a predefined protocol of the mobile telecommunications network across a number of signaling legs (see Figure 4, para. 0088-0094, step 210 and related parts of description; the base station determines whether to use a single link (leg) or duplicate links (legs));
generate at least one modified protocol data unit (see Figure 2, para. 0051-0052, For Media Access Control (MAC), upon knowing which logical channel transmits the duplication data of a same PDCP PDU, these duplication data are transmitted on different carriers via different Hybrid Automatic Repeat Request (HARQ) entities. For example, the duplication data carried in the logical channel 1 are transmitted on the physical carrier 1 via the HARQ entity 1, and the duplication data carried in the logical channel 2 are transmitted on the physical carrier 2 via the HARD entity 2) having a structure that is a modification with respect to a structure of the predefined protocol data unit and
adapt the number of signaling legs based on at least one signaling condition (see para. 0094, several channel quality information conditions including number of retransmissions), wherein the predefined protocol data unit is distributed across the number of signaling legs (see Figure 2, para. 0051-0052, as illustrated in FIG. 2, PDCP layer has a split bearer duplication function. A data process of the PDCP service data unit 1 (SDU1) is duplicated and encapsulated into PDCP PDU1 and PDCP PDU2. The PDCP PDU1 and the PDCP PDU2 have the same content, i.e., both of them bear the same data payload and header. The PDCP PDU1 and the PDCP PDU2 are respectively mapped to different Radio Link Control (RLC) entities, and the RLC entities place the PDCP POU1 and the PDCP PDU2 into different logical channels (logical channel 1 and logical channel 2). For Media Access Control (MAC), upon).
Although Tang disclose generate at least one modified protocol data unit by duplication;
Tang however does not explicitly disclose generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit”.
Yu however disclose to generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit” (see Fig.5, para. 0058-0059, 0062-0066, full redundancy, the structure that is a modification with respect to a structure of the predefined protocol data unit and the data / a structure of the predefined protocol data unit, is transmitted on both PDU sessions always, Fig. 7, para. 0072-0075, by utilizing switching patterns, a RAN has more flexibility to determine different higher layer duplication, e.g. PDCP PDU duplication, dynamically based on real-time radio link and resource status of the multi-connectivity, resulting in better usage of resources and higher reliability).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality to generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit” as taught by Yu, in the system of Tang, so as to enable a terminal device to set up two redundant protocol data unit (PDU) Sessions over the 5G network, so that the network will attempt to make the paths of the two redundant PDU sessions, resulting in better usage of resources and higher reliability, see Yu, paragraphs 5-7, 72.
As per claim 2, the combination of Tang and Yu disclose the base station of claim 1.
Tang further disclose wherein the at least one signaling condition includes at least one of a radio condition, a service requirement, or a data size (see para. 0093-0094, the operation that the network device determines the transmission manner of the PDCP PDU of the first terminal device includes the following action. The network device determines the transmission manner of the PDCP PDU according to channel quality information of at least one link).
As per claim 3, the combination of Tang and Yu disclose the base station of claim 2.
Tang further disclose wherein the at least one radio condition includes at least one of a reference signal receiver power, channel quality indicator, block error rate (see para. 0094, the channel quality information of the at least one link includes the number of times of retransmission scheduling on the at least one link within a first time period, the number of times of continuous initial transmission scheduling on the at least one link within a second time period or an MCS value of each link).
As per claim 4, the combination of Tang and Yu disclose the base station of claim 1.
Yu further disclose wherein the circuitry is further configured to transmit the at least one modified protocol data unit across the number of signaling legs (see Fig.7, para. 0059, 0075, at block 504, the apparatus of the core network includes means, such as the communication interface 16 and/or the processing circuitry 12, for establishing at least two redundant PDU sessions, the at least two redundant protocol data unit sessions are established based on dual connectivity / the number of signaling legs in a radio access network); and
Tang further disclose wherein the circuitry is further configured to transmit the at least one modified protocol data unit across the number of signaling legs (see Figure 2, para. 0051-0052, For Media Access Control (MAC), upon knowing which logical channel transmits the duplication data of a same PDCP PDU, these duplication data are transmitted on different carriers via different Hybrid Automatic Repeat Request (HARQ) entities. For example, the duplication data carried in the logical channel 1 are transmitted on the physical carrier 1 via the HARQ entity 1, and the duplication data carried in the logical channel 2 are transmitted on the physical carrier 2 via the HARD entity 2).
As per claim 5, the combination of Tang and Yu disclose the base station of claim 4.
Yu further disclose wherein the circuitry is further configured to transmit configuration information to a user equipment, such that the user equipment is able to transmit the at least one modified protocol data unit (see Fig.6, para. 0074, the UE, upon receiving the selection of the switching pattern of no redundancy (or the deactivation of the PDU session#2) as illustrated in FIG. 6, determines to replicate the received downlink (DL) data packet before forwarding the received data to the upper layer such that that the upper layer sees the replicated data are received from two PDU sessions); and
Tang further disclose wherein the circuitry is further configured to transmit configuration information to a user equipment, such that the user equipment is able to transmit the at least one modified protocol data unit (see Figure 2, para. 0051-0052, 0058-0060, the operation that the first terminal device determines the transmission manner of the PDCP PDU includes the following action. The first terminal device determines the transmission manner of the PDCP PDU according to channel quality information of at least one link).
As per claim 6, the combination of Tang and Yu disclose the base station of claim 5.
Tang further disclose wherein the circuitry is further configured to receive the at least one modified protocol data unit from the user equipment (see Figure 2, para. 0051-0052, 0058-0060, the operation that the first terminal device determines the transmission manner of the PDCP PDU includes the following action. The first terminal device determines the transmission manner of the PDCP PDU according to channel quality information of at least one link).
As per claim 33, claim 33 is rejected the same way as claim 1. Tang also disclose A user equipment (see Fig.1, US 10) for a mobile telecommunications network including a base station (see Fig.1, base station 10).
As per claim 34, claim 34 is rejected the same way as claim 2.
As per claim 35, claim 35 is rejected the same way as claim 3.
As per claim 36, claim 36 is rejected the same way as claim 4.
As per claim 37, claim 37 is rejected the same way as claim 5.
As per claim 43, the combination of Tang and Yu disclose the user equipment of claim 33.
Tang further disclose wherein the circuitry is further configured to exchange assistance information with the base station (see Figure 2, para. 0051-0052, 0058-0060, the operation that the first terminal device determines the transmission manner of the PDCP PDU includes the following action. The first terminal device determines the transmission manner of the PDCP PDU according to channel quality information of at least one link).
As per claim 46, the combination of Tang and Yu disclose the user equipment of claim 33.
Tang further disclose wherein the predefined protocol data unit is distributed across the number of signaling legs based on at least one of segmentation information and reassembly information (see para. 0032-0035, the operation that the network device determines the transmission manner of the PDCP PDU according to the MCS value of the at least one link includes the following action. In condition that the MCS value of any of the at least one link is greater than or equal to a third threshold, the net work device
determines the transmission manner of the PDCP PDU as the single-link transmission manner; or in
condition that the MCS value of each of the at least one link is less than the third threshold,
the network device).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (EP3585093A1), in view of Yu et al (US Pub. No.:2022/0104292) and further in view of Chun (US Pub. No.: 2024/0005868).
As per claim 7, the combination of Tang and Yu disclose the base station of claim 4.
The combination of Tang and Yu however does not explicitly disclose wherein the circuitry is configured to generate the at least one modified protocol data unit is an artificial intelligence.
Chun disclose wherein a circuitry is configured to generate at least one modified protocol data unit is an artificial intelligence (see Fig.1, para. 0130-0136, the learning processor 130 is trained by a model constructed by an artificial neural network using learning data. In this case, the trained artificial neural network is called a learning model. The learning model may be used to deduce a result value of new input data not learning data, and the deduced value may be used as a base for performing a given operation).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide wherein at least one modified protocol data unit is generated by an artificial intelligence, as taught by Chun, in the system of Tang and Yu, so as to provide a method for performing roaming to a network of other available surrounding service provider and providing services, when a UE is located in a service provision area of a service provider to which the UE subscribes, but the service provider cannot temporarily provide services, see Chun, paragraphs 4-6.
As per claim 8, the combination of Tang, Yu and Chun disclose the base station of claim 7.
Chun further disclose wherein a training input for the artificial intelligence includes at least one of the at least one signaling condition, a mobility status, at least one service requirement, a packet size or position information (see Fig,1, para. 0025, 0136-0143, Fig.2, para. 0153-0157, 0174, Fig.5, para. 0233-0241, a packet data convergence protocol (PDCP) layer of the second layer performs a header compression function of reducing an IP packet header size that has a relatively large size and contains unnecessary control information, in order to efficiently transmit data in a radio section having a small bandwidth upon transmission of IP packet such as IPv4 or IPv6).
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Second Rejection:
Claims 1 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Huawei (HUAWEI ET AL: "Activating and deactivating packet duplication", 3GPP DRAFT; R2-1703529 ACTIVATING AND DEACCTIVATING PACKET DUPLICATION, IDS submitted 4/19/2023), and further in view of Yu et al (US Pub. No.:2022/0104292).
As per claim 1, Huawei disclose A base station for a mobile telecommunications network, the base station comprising: circuitry configured to: transmit a predefined protocol data unit according to a predefined protocol of the mobile telecommunications network across a number of signaling legs, and adapt the number of signaling legs based on at least one signaling condition, wherein the predefined protocol data unit is distributed across the number of signaling legs (see page 1-4, activating and deactivating packet duplication. On the basis of measurements made by a UE, a MgNB makes a decision based on criteria such as DL or UL channel conditions and loading whether to activate of deactivate packet duplication. If duplication is activated, a PScell may be used i.e. a SgNB, in addition to the MgNB, for transmission of both uplink and downlink packet data. If deactivation is similarly performed by the MgNB on the basis of UE measurements).
Huawei however does not explicitly disclose generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit”.
Yu however disclose to generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit” (see Fig.5, para. 0058-0059, 0062-0066, full redundancy, the structure that is a modification with respect to a structure of the predefined protocol data unit and the data / a structure of the predefined protocol data unit, is transmitted on both PDU sessions always, Fig. 7, para. 0072-0075, by utilizing switching patterns, a RAN has more flexibility to determine different higher layer duplication, e.g. PDCP PDU duplication, dynamically based on real-time radio link and resource status of the multi-connectivity, resulting in better usage of resources and higher reliability).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality to generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit” as taught by Yu, in the system of Huawei, so as to enable a terminal device to set up two redundant protocol data unit (PDU) Sessions over the 5G network, so that the network will attempt to make the paths of the two redundant PDU sessions, resulting in better usage of resources and higher reliability, see Yu, paragraphs 5-7, 72.
As per claim 33, claim 33 is rejected the same way as claim 1
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Third Rejection:
Claims 1 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Ericsson ("Data duplication and link selection for URLLC in NR", 3GPP DRAFT; R2-1700428 - DATA DUPLICATION AND LINK SELECTION FOR URLLC IN NR, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), IDS submitted 4/19/2023), and further in view of Yu et al (US Pub. No.:2022/0104292).
As per claim 1, Ericsson disclose A base station for a mobile telecommunications network, the base station comprising: circuitry configured to: transmit a predefined protocol data unit according to a predefined protocol of the mobile telecommunications network across a number of signaling legs, and adapt the number of signaling legs based on at least one signaling condition, wherein the predefined protocol data unit is distributed across the number of signaling legs (see page 1-4, data duplication and link selection for URLLC in NR. PDUs are transmitted over a single or multiple connections. The link selection may be made e.g. depending on channel status information and the link(s) can be dynamically selected).
Ericsson however does not explicitly disclose generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit”.
Yu however disclose to generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit” (see Fig.5, para. 0058-0059, 0062-0066, full redundancy, the structure that is a modification with respect to a structure of the predefined protocol data unit and the data / a structure of the predefined protocol data unit, is transmitted on both PDU sessions always, Fig. 7, para. 0072-0075, by utilizing switching patterns, a RAN has more flexibility to determine different higher layer duplication, e.g. PDCP PDU duplication, dynamically based on real-time radio link and resource status of the multi-connectivity, resulting in better usage of resources and higher reliability).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality to generate at least one modified protocol data unit “having a structure that is a modification with respect to a structure of the predefined protocol data unit” as taught by Yu, in the system of Ericsson, so as to enable a terminal device to set up two redundant protocol data unit (PDU) Sessions over the 5G network, so that the network will attempt to make the paths of the two redundant PDU sessions, resulting in better usage of resources and higher reliability, see Yu, paragraphs 5-7, 72.
As per claim 33, claim 33 is rejected the same way as claim 1
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wei (US Pub. No.:2024/0121328) – see para. 0056, “The method comprising receiving, at the transmitting entity, data for transmission via a wireless access interface of the wireless communications network, dividing the data into portions for transmission, forming from each portion of data for each of one or more protocol layers one or more protocol data units, the one or more protocol data unit being formed for each layer according to a protocol applied by the layer for transmitting the protocol data unit and each of the protocol data units for each layer includes a header, and transmitting the data via the wireless access interface by processing each of the one or more protocol data units via each of the one or more protocol layers”.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAKERAM JANGBAHADUR whose telephone number is (571)272-1335. The examiner can normally be reached on M-F 7 am - 4 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAKERAM JANGBAHADUR/
Primary Examiner, Art Unit 2469