DETAILED ACTION
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14, 24-26, are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites, “…wherein establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel…” This is not supported by the disclosure as originally filed. The sections indicated by the applicants are ¶77 and ¶79 as published. However, none of the paragraphs indicated that the first audio channel is established not based on the second audio channel or vice versa.
[0077] If one channel on one QoS flow is dropped, the UE may still receive the other channel of the dual audio channels on the other QoS flow. Separate audio channels on independent QoS flows improve reliability, because the UE may receive or transmit audio clearly if one channel fails but the remaining channel is of sufficient quality. Dual audio channels on dual QoS flows provide for better audio quality, and provide an improved technique for NR applications, such as for VOLAR.
[0079] In some aspects, an NR access network, such as a next generation RAN (NG-RAN), may schedule dual QoS flows. For example, the access network may schedule a QoS flow A for voice channel A and a QoS flow B for voice channel B in NR-NR DC. The UE may assign QoS flow A to a master node (primary cell) and QoS flow B to a secondary node (primary secondary cell or secondary cell). Dual cells of the access network may schedule QoS flows A and B according to respective 5QIs and other QoS flow parameters. Therefore, the UE may decode a voice channel on one QoS flow even if the other voice channel on the other QoS flow is dropped. As a result, audio reliability (e.g., VONR reliability) increases without wasting processing and signaling resources. Extra latency is avoided, as the UE does not need to wait for other audio packets.
The above sections indicate a certain type of independence between the QoS flows, however, it does not support the feature, “…establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel…”
Claims 5, 11 and 14 are also rejected on the same grounds as above.
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.
Claim(s) 1-2, 4-7, 9-12, 14, 24, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZENG et al (US 2023/0067851) in view of LATHEEF et al (US 2021/0259051) in view of JIA et al (US 20230132875)
Regarding claim 1, 14, A method of wireless communication performed by a user equipment (UE), comprising:
receiving, by the UE, an indication that multiple audio channels are to be established over separate multiple quality of service (QoS) flows (ZENG: Fig. 5, ¶184, ¶153, ¶147, ¶202, ¶206, ¶208, ¶347, ¶152, M is integer greater than 1; receiving indication a2 including information a2” which indicates to the receiving device i.e. UE, that the M number of QoS flows are associated and separate from each other; the association is that the dual channels are related and are to be established for audio); and
establishing, by the UE, a first audio channel of the multiple audio channels over a first QoS flow and a second audio channel of the multiple audio channels over a second QoS flow based at least in part on receiving the indication (ZENG: ¶3, ¶177, ¶180, ¶147, ¶153, ¶160-161, ¶211-214, M QoS flows are established based on the information in the a2 indication information).
ZENG does not explicitly disclose the QoS flows are independent.
However, LATHEEF et al (US 2021/0259051) discloses each of the QoS flows is independent (LATHEEF: ¶104, multiple flows are independent with respect to their associated QoS).
A person of ordinary skill in the art working with the invention of ZENG would have been motivated to use the teachings of LATHEEF as it provides ease of management of QoS guarantees based on QFIs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG with teachings of LATHEEF in order to enhance ease of QoS flow guarantees management and delivery.
ZENG modified by LATHEEF remains silent regarding the multiple audio channels being dual audio channels; wherein establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel; and receiving, by the UE, one of the first audio channel or the second audio channel when the other of the first audio channel or the second audio channel is dropped.
However, JIA et al (US 20230132875) discloses the multiple audio channels being dual audio channels (JIA: ¶108, ¶226, dual channels are established for audio communication between at least the core and a UE), wherein establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel (JIA: ¶114, ¶116, ¶118, ¶131-134, the primary audio channel on the primary link is different than the auxiliary audio channel and the establishment is not based on each other); and receiving, by the UE, one of the first audio channel or the second audio channel when the other of the first audio channel or the second audio channel is dropped (JIA: ¶257-¶261, during a call, auxiliary link is used to transmit call packet when the primary link is interrupted (equivalent to dropped)).
A person of ordinary skill in the art working with the invention of ZENG modified by LATHEEF would have been motivated to use the teachings of JIA as it provides a way to improve the reliability by having same audio data on multiple links. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG modified by LATHEEF with teachings of JIA in order to improve reliable communication.
Regarding claim 2, 24, ZENG modified by LATHEEF modified JIA modified by discloses a method of claim 1, wherein the first QoS flow and the second QoS flow are associated with dual connectivity for the UE (ZENG: ¶240, dual connectivity scenario; JIA: ¶108, dual connectivity with dual links for the terminal/UE).
Regarding claim 4, 26, ZENG modified by LATHEEF modified JIA discloses method of claim 1, further comprising maintaining one of: the first audio channel on the first QoS flow, or the second audio channel on the second QoS flow, based at least in part on determining that the other one of the first audio channel or the second audio channel has degraded (JIA: ¶109-110, ¶261, based on determining that first channel is of a weak quality or interrupted (equivalent to degraded), the other channel (auxiliary channel) is maintained ).
A person of ordinary skill in the art working with the invention of ZENG modified JIA would have been motivated to use the teachings of LATHEEF as it provides a way to improve the reliability by having same audio data on multiple links. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG modified JIA with teachings of LATHEEF in order to improve reliable communication.
Regarding claim 5, ZENG discloses method of wireless communication performed by a base station, comprising:
transmitting, to a user equipment (UE), an indication that multiple audio channels are to be established over separate multiple quality of service (QoS) flows (ZENG: Fig. 5, ¶141, ¶184, ¶177, ¶147, ¶202, ¶208, ¶347, M is integer greater than 1; receiving indication a2 including information a2” which indicates to the receiving device i.e. UE, that the M number of QoS flows are associated and separate from each other; the association is that the dual channels are related and are to be established for audio); and
establishing a first audio channel of the multiple audio channels over a first QoS flow for the UE and a second audio channel of the multiple audio channels over a second QoS flow for the UE (ZENG: ¶3, ¶¶141, ¶184, ¶160-161, ¶211-214, M QoS flows are established based on the information in the a2 indication information).
ZENG does not explicitly disclose the QoS flows are independent.
However, LATHEEF et al (US 2021/0259051) discloses each of the QoS flows is independent (LATHEEF: ¶104, multiple flows are independent with respect to their associated QoS).
A person of ordinary skill in the art working with the invention of ZENG would have been motivated to use the teachings of LATHEEF as it provides ease of management of QoS guarantees based on QFIs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG with teachings of LATHEEF in order to enhance ease of QoS flow guarantees management and delivery.
ZENG modified by LATHEEF remains silent regarding the multiple audio channels being dual audio channels; wherein establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel; and receiving, by the UE, one of the first audio channel or the second audio channel when the other of the first audio channel or the second audio channel is dropped.
However, JIA et al (US 20230132875) discloses the multiple audio channels being dual audio channels (JIA: ¶108, ¶226, dual channels are established for audio communication between at least the core and a UE), wherein establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel (JIA: ¶114, ¶116, ¶118, ¶131-134, the primary audio channel on the primary link is different than the auxiliary audio channel and the establishment is not based on each other); and receiving, by the UE, one of the first audio channel or the second audio channel when the other of the first audio channel or the second audio channel is dropped (JIA: ¶257-¶261, during a call, auxiliary link is used to transmit call packet when the primary link is interrupted (equivalent to dropped)).
A person of ordinary skill in the art working with the invention of ZENG modified by LATHEEF would have been motivated to use the teachings of JIA as it provides a way to improve the reliability by having same audio data on multiple links. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG modified by LATHEEF with teachings of JIA in order to improve reliable communication.
Regarding claim 6, ZENG modified by LATHEEF modified by JIA discloses method of claim 5, wherein the first QoS flow and the second QoS flow are associated with dual connectivity for the UE (ZENG: ¶240, dual connectivity scenario; JIA: ¶108, dual connectivity with dual links for the terminal/UE).
Regarding claim 7, ZENG modified by LATHEEF modified by JIA discloses method of claim 6, further comprising assigning the first QoS flow to a master node of a primary cell and the second QoS flow to a secondary node of a primary secondary cell or secondary cell (JIA: Fig. 3, ¶108, primary network device with primary cell and secondary network device).
Regarding claim 9, ZENG modified by LATHEEF modified by JIA discloses method of claim 5, further comprising scheduling the first QoS flow with a first 5G QoS identifier (5QI) and the second QoS flow with a second 5QI (ZENG: ¶160, ¶142, the scheduling is based on priority indicated by the 5QI).
Regarding claim 10, ZENG modified JIA modified by LATHEEF discloses method of claim 5, further comprising maintaining one of: the first audio channel on the first QoS flow, or the second audio channel on the second QoS flow, based at least in part on determining that the other one of the first audio channel or the second audio channel has degraded or dropped (JIA: ¶109-110, ¶261, based on determining that first channel is of a weak quality or fails, the other channel (auxiliary channel) is maintained).
Regarding claim 11, ZENG method of wireless communication performed by a network entity, comprising:
determining that dual audio channels are to be established over separate multiple quality of service (QoS) flows for a user equipment (UE) (ZENG: Fig. 6 and Fig. 7, ¶174, ¶178, the core network element sends instructions to the network device/base station; Fig. 5, ¶141, ¶180, ¶177, ¶147, ¶202, ¶206, ¶208, ¶347, ¶152, M is integer greater than 1; receiving indication a2 including information a2” which indicates to the receiving device i.e. UE, that the M number of QoS flows are associated and separate from each other; the association is that the dual channels are related and are to be established for audio); and
transmitting, to a base station, an instruction to establish a first audio channel of the multiple audio channels over a first QoS flow for the UE and a second audio channel of the multiple audio channels over a second QoS flow for the UE (ZENG: ¶3, ¶177, ¶180, ¶147, ¶152, ¶160-161, ¶211-214, M QoS flows are established based on the information in the a2 indication information).
ZENG does not explicitly disclose the QoS flows are independent.
However, LATHEEF et al (US 2021/0259051) discloses each of the QoS flows is independent (LATHEEF: ¶104, multiple flows are independent with respect to their associated QoS).
A person of ordinary skill in the art working with the invention of ZENG would have been motivated to use the teachings of LATHEEF as it provides ease of management of QoS guarantees based on QFIs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG with teachings of LATHEEF in order to enhance ease of QoS flow guarantees management and delivery.
ZENG modified by LATHEEF remains silent regarding the multiple audio channels being dual audio channels; wherein establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel; and receiving, by the UE, one of the first audio channel or the second audio channel when the other of the first audio channel or the second audio channel is dropped.
However, JIA et al (US 20230132875) discloses the multiple audio channels being dual audio channels (JIA: ¶108, ¶226, dual channels are established for audio communication between at least the core and a UE), wherein establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel (JIA: ¶114, ¶116, ¶118, ¶131-134, the primary audio channel on the primary link is different than the auxiliary audio channel and the establishment is not based on each other); and receiving, by the UE, one of the first audio channel or the second audio channel when the other of the first audio channel or the second audio channel is dropped (JIA: ¶257-¶261, during a call, auxiliary link is used to transmit call packet when the primary link is interrupted (equivalent to dropped)).
A person of ordinary skill in the art working with the invention of ZENG modified by LATHEEF would have been motivated to use the teachings of JIA as it provides a way to improve the reliability by having same audio data on multiple links. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG modified by LATHEEF with teachings of JIA in order to improve reliable communication.
Regarding claim 12, ZENG modified by LATHEEF modified by JIA discloses method of claim 11, wherein the first QoS flow and the second QoS flow are associated with dual connectivity for the UE (ZENG: ¶240, dual connectivity scenario; JIA: ¶108, dual connectivity with dual links for the terminal/UE).
Claim(s) 3, 8, 13, 25, is/are rejected under 35 U.S.C. 103 as being unpatentable over ZENG modified by LATHEEF modified by JIA as applied to claim 1/5 above, further in view of UMEMURA et al (US 2017/0111932).
Regarding claim 3, 25, 13, ZENG modified LATHEEF modified by JIA discloses method of claim 1/14/11, wherein the first QoS flow and the second QoS flow are associated with the UE (ZENG: ¶201, more serving cells serve plurality of QoS flows).
ZENG modified by LATHEEF modified JIA remains silent regarding association comprises carrier aggregation for the UE.
However, UMEMURA et al (US 2017/0111932) discloses association comprises carrier aggregation for the UE (UMEMURA: ¶76, a multiple cell/carriers of the cell are aggregated to provide the service to the UE).
A person of ordinary skill in the art working with the invention of ZENG modified by LATHEEF modified JIA would have been motivated to use the teachings of UMEMURA as it provides higher bit rate by combining the resources in the channel domain. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG modified by LATHEEF modified JIA with teachings of UMEMURA in order to improve bit rate and resource management flexibility.
Regarding claim 8, ZENG modified by LATHEEF modified JIA discloses method of claim 5, wherein the first QoS flow and the second QoS flow are associated with the UE (ZENG: ¶201, more serving cells are aggregated to serve plurality of QoS flows).
ZENG modified by LATHEEF modified JIA remains silent regarding association comprises carrier aggregation for the UE.
However, UMEMURA et al (US 2017/0111932) discloses association comprises carrier aggregation for the UE (UMEMURA: ¶76, a multiple cell/carriers of the cell are aggregated to provide the service to the UE).
A person of ordinary skill in the art working with the invention of ZENG modified by LATHEEF modified JIA would have been motivated to use the teachings of UMEMURA as it provides higher bit rate by combining the resources in the channel domain. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG modified by LATHEEF modified JIA with teachings of UMEMURA in order to improve bit rate and resource management flexibility.
Response to Arguments
Applicant's arguments filed 5/29/2026 have been fully considered but they are not persuasive.
Applicants argue,
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Examiner respectfully disagrees with the above arguments. Applicants take a position that ZENG does not disclose an indication sent to the UE/terminal that dual audi channels are to be established over separate and independent QoS flow. Examiner respectfully submits that session establishment is performed by the UE in accordance with the received indication.
[0184] There may be a plurality of implementations in which the SMF network element sends the indication information a1 to the network device. In a possible implementation, the SMF network element may send the indication information a1 to the network device by using a PDU session resource setup request message or a PDU session resource modification request (PDU session resource modification request) message. For example, a terminal device has a downlink service receiving requirement or an uplink service sending requirement. In this case, the terminal device initiates a PDU session resource setup request, and further triggers the SMF network element to send the PDU session resource setup request message to the network device. The PDU session resource setup request message may carry the indication information a1. For another example, a terminal device needs to modify a QoS flow in a set PDU session. In this case, the terminal device initiates a PDU session resource modification request, and further triggers the SMF network element to send the PDU session resource modification request message to the network device. The PDU session resource modification request message may carry the indication information a1. It may be understood that the SMF network element may alternatively send the indication information a1 to the network device by using another possible message. This is not specifically limited.
…
[0206] Step 504: The network device sends indication information a2 to the terminal device; and correspondingly, the terminal device receives the indication information a2.
…
[0208] (1) The indication information a2′ indicates that there is the association relationship between the M QoS flows. For example, the SMF network element may send a PDU session establishment accept (PDU session establishment accept) message or a PDU session modification accept (PDU session modification accept) message to the terminal device by using the AMF network element and the network device. The PDU session establishment accept message or the PDU session modification accept message may include configuration information of the M QoS flows, for example, a TFT and a QoS parameter corresponding to each QoS flow. Optionally, the PDU session establishment accept message or the PDU session modification accept message may further include the indication information a2′. For a manner in which the PDU session establishment accept message or the PDU session modification accept message includes the indication information a2′, adaptively refer to the descriptions of the indication information a1. For example, the configuration information of each QoS flow may include an association-relationship identifier and/or an association-relationship type corresponding to the QoS flow.
…
[0210] (2) The indication information a2″ indicates that there is an association relationship between DRBs or LCHs corresponding to the M QoS flows. For example, the network device may send an RRC reconfiguration (RRC reconfiguration) message to the terminal device. The RRC reconfiguration message may include configuration information of one or more DRBs or LCHs, and mapping relationships from the M QoS flows to the DRBs and from the DRBs to the LCHs. Optionally, the RRC reconfiguration message may further include the indication information a2″. In an example, for an implementation in which the indication information a2″ indicates that there is the association relationship between the DRBs or the LCHs corresponding to the M QoS flows, adaptively refer to the descriptions of the indication information a1. For example, the M QoS flows correspond to M DRBs, and configuration information of each of the M DRBs may include an association-relationship identifier and/or an association-relationship type corresponding to the DRB.
In the above section the UE initiates a PDU session establishment. SMF is the network element responsible of session management and it receives this initiation request from the UE. UE, following the initiation, receives an indication a2 from the network device with information a2” that includes information regarding M separate QoS flows in the session. It includes how each radio bearer or Logical channel is mapped to each of the M QoS flows. This information is the configuration information which has to be used by the terminal to establish the multiple QoS flows of the session and carry audio data over those QoS flows.
A person of ordinary skill in the art would reasonably interpret the above as “receiving, by the UE, an indication that multiple audio channels are to be established over separate multiple quality of service (QoS) flows”.
The claim is also silent regarding what is included in the claimed “establishing”. The UE, when implements the configuration provided for a session with the M QoS flows to be established and starts communicating using those configurations, it is equivalent to “establishing” the QoS flows.
According to the cited ¶147, ZENG discloses
[0147] It can be learned from the foregoing step 301 to step 303 that, in the PDU session establishment procedure, the network device may reject setup requests of a part of QoS flows in the PDU session. However, for a multimedia service, synchronous transmission may be required between data flows mapped to different QoS flows. For example, a standard IVAS of 3D voice supports a maximum of 16 sound channels, and synchronization is required between the sound channels. Using five sound channels as an example, data flows of the five sound channels are respectively mapped to a QoS flow 1, a QoS flow 2, a QoS flow 3, a QoS flow 4, and a QoS flow 5 of a same PDU session. If a network device admits setup requests of the QoS flow 1, the QoS flow 2, and the QoS flow 3, and rejects setup requests of the QoS flow 4 and the QoS flow 5, a synchronization requirement between the sound channels cannot be satisfied. As a result, user experience is affected. For another example, in an SVC video service, both a base layer and an extension layer of a same frame of a video need to be synchronously sent to a receive end for video restoration, to obtain clearer video presentation experience. For another example, for a multimedia service in which a video, audio, and a text coexist, it is also required that a video, audio, and a text of a same frame be synchronously sent to a receive end, to implement synchronous reproduction of the three types of information. For another example, for services such as augmented reality, virtual reality, mixed reality, and cloud gaming, synchronous transmission and presentation are also required to ensure service experience.
Further in ¶153, the synchronization sets of the sound channels are separate from each other:
[0153] When the plurality of QoS flows included in the synchronization QoS flow set belong to a same PDU session, in an example, one PDU session may include one synchronization QoS flow set. For example, a PDU session includes 10 QoS flows, where six QoS flow thereof belong to a same synchronization QoS flow set, and the other four QoS flows do not belong to any synchronization QoS flow set. For another example, a PDU session includes 10 QoS flows, and the 10 QoS flows belong to a same synchronization QoS flow set. In this case, the PDU session may also be referred to as an associated session. In other words, all QoS flows in the associated session belong to a same synchronization QoS flow set. In still another example, one PDU session may include a plurality of synchronization QoS flow sets. For example, a PDU session includes 10 QoS flows, where six QoS flows thereof belong to one synchronization QoS flow set, and the other four QoS flows belong to another synchronization QoS flow set.
A person of ordinary skill in the art would reasonably interpret above as “establishing, by the UE, a first audio channel of the multiple audio channels over a first QoS flow and a second audio channel of the multiple audio channels over a second QoS flow based at least in part on receiving the indication”.
ZENG does not explicitly disclose that each of the QoS flows are independent.
However, LATHEEF discloses each of the QoS flows is independent (LATHEEF: ¶104, multiple flows are independent with respect to their associated QoS).
A person of ordinary skill in the art working with the invention of ZENG would have been motivated to use the teachings of LATHEEF as it provides ease of management of QoS guarantees based on QFIs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZENG with teachings of LATHEEF in order to enhance ease of QoS flow guarantees management and delivery.
Applicants argue,
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Examiner respectfully disagrees with the above arguments. Applicants take a position that JIA does not disclose “…establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel…” Firstly, there is no support in the disclose of the current application as originally filed, as indicated in the rejection under 35 USC 112 (a) above.
Secondly, JIA expressly discloses in the cited sections, e.g. ¶118.
[0118] It should be noted that the primary link and the auxiliary link are different links. For example, when the primary link is the core network link based on the base station, the auxiliary link may be at least one of the point-to-point auxiliary link, the server auxiliary link, or the core network link based on the Wi-Fi device. When the primary link is the core network link based on the Wi-Fi device, the auxiliary link may be at least one of the point-to-point auxiliary link, the server auxiliary link, or the core network link based on the base station.
0131] (1) The terminal establishes the auxiliary link in advance.
…
[0134] In some other embodiments, the auxiliary link establishment condition may be that the calling terminal or the called terminal receives a user operation. For example, the calling terminal may establish the primary link and the auxiliary link at the same time after detecting a dialing operation entered by the user. Alternatively, referring to FIG. 7, the called terminal may start to establish the auxiliary link after detecting a call answering operation entered by the user.
A person of ordinary skill in the art would reasonably interpret the establishment of two different as the same time as “ establishing the first audio channel is not based on the second audio channel and establishing the second audio channel is not based on the first audio channel”.
All arguments are based on the arguments addressed above and are, therefore, fully responded to as above.
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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OMER S. MIAN
Primary Examiner
Art Unit 2461
/OMER S MIAN/Primary Examiner, Art Unit 2461
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