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 .
This office action is in response to remarks filed 12/15/2025.
Claims 1-5 and 8-12 are pending and presented for examination. Claims 1 and 8 are amended. Claims 6-7, 13-14, and 15-19 are cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered.
Response to Amendment
Objection to the Drawings is not withdrawn.
Objection to the Specification is not withdrawn.
The reply filed on 12/15/2025 is not fully responsive to the prior Office action because of the following omission(s) or matter(s): The Amendments and Remarks filed are not fully responsive to the objections raised for the Specification, ¶¶0072-0075, and Drawings, Fig. 1 and 2, regarding representation of the black and white boxes. See 37 CFR 1.111. Since the above-mentioned reply appears to be bona fide, applicant is given a shortened statutory period of TWO (2) MONTHS from the mailing date of this notice within which to supply the omission or correction in order to avoid abandonment. EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER 37 CFR 1.136(a), but in no case can any extension carry the date for reply to this letter beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133).
Drawings
The drawings are objected to because the black and white box elements of Figures 1 and 2 have no labels associated to identify subject matter. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
See the following marked up portion of the figures for identification the black and white boxes in question.
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Specification
The disclosure is objected to because of the following informalities: The description, ¶¶0072-0075, do not provide details of the white and black box elements of Fig. 1 and 2.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-5 and 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei et al. (US 20190215719 A1, hereinafter “Wei”.
RE Claim 1, Wei discloses:
A communication method, comprising:
receiving, by a terminal device, first configuration information and second configuration
information from a network device (Base station configures UE. ¶0038, ¶0090), the first configuration information being used to configure a primary radio link control (RLC) group (Primary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B), the second configuration information being used to configure a secondary RLC group (Secondary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B), the primary RLC group comprises at least one RLC entity (Primary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B), and
the secondary RLC group comprises at least one RLC entity (Secondary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B); and
determining, by the terminal device, the primary RLC group and the secondary RLC group
based on the first configuration information and the second configuration information (PDCP entity associated with two RLC entities, primary and secondary, based on configuration. ¶¶0041, 0038-0039, Fig. 1A, 1B, 2); and
determining, by the terminal device, a first RLC group based on at least one of a primary RLC group activation status of the primary RLC group (RLC entities configured by base station communication to UE. ¶0038; PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA) , indication of activation for DC or CA mode with associated primary and secondary RLC groups per DRB. ¶¶0037, 0041; Fig. 2: 204, 208) or a secondary RLC group activation status of the secondary RLC group (RLC entities configured by base station communication to UE. ¶0038; PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA), indication of activation for DC or CA mode with associated primary and secondary RLC groups per DRB. ¶¶0037, 0041; Fig. 2: 204, 208), and based on a size relationship between a data volume of to-be-sent data and a threshold (Nt, data volume of total PDCP data pending. ¶0047; PDCP entity, terminal device, determines whether Nt is less than a threshold, ul-DataSplitThreshold. ¶0048, Fig. 2:210; Determine that the RLC entities, groups, associated to different cell groups, primary and secondary, per different MAC entities and configured for duplication function. ¶0108; Fig. 9; Determine if Nt is greater or less than threshold, route PDCP according to a)greater than threshold and send to both RLC groups or b)less than threshold and send to only one RLC group. ¶0107, Fig. 8;), wherein the first RLC group is the primary RLC group or the secondary RLC group (RLC entities configured by base station communication to UE. ¶0038; PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA), indication of activation for DC or CA mode with associated primary and secondary RLC groups per DRB. ¶¶0037, 0041; Fig. 2: 204, 208);
duplicating, by the terminal device, a first PDCP data packet based on a quantity of active-state RLC entities in the first RLC group, the duplicating generating a duplicated first PDCP data packet (¶¶0040-0041, Fig. 2: 208, 216); and
delivering, by the terminal device, the duplicated first PDCP data packet to the first RLC group (¶¶0040-0041, Fig. 2: 208, 216, 218).
RE Claim 2, Wei discloses:
The method, wherein:
the first configuration information comprises a first indication information element (information element, ¶0038), and
the first indication information element indicates an RLC entity that belongs to the primary RLC
group (Information element indicates primary path. ¶0038) and that is in RLC entities associated with a packet data convergence protocol (PDCP) entity (PDCP entity associated with the two, primary and secondary, RLC entities. ¶0038);
and
the second configuration information comprises a second indication information element (information element, ¶0038), and the second indication information element indicates an RLC entity that belongs to the secondary RLC group (Secondary RLC entity association indicated by specific information element that is not the primary. ¶0038) and that is in the RLC entities associated with the PDCP entity (PDCP entity associated with the two, primary and secondary, RLC entities. ¶0038).
RE Claim 3, Wei discloses:
The method, wherein the primary RLC group and the secondary RLC group are associated with a PDCP entity of a same radio bearer (PDCP entity associated with plurality of RLC entities, primary and secondary, and configured for a radio bearer by RRC. When duplication is configured for a radio bearer, additional RLC entities and logical channels are added for the radio bearer, the same bearer, to handle duplication of PDCP PDUs ¶0036).
RE Claim 4, Wei discloses:
The method, wherein:
the first configuration information (Primary RLC entity configured by base station. ¶0038) comprises a third indication information element (PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA) , indication information element for configuration. ¶0037; Duplication function activated or deactivated through specific MAC Control Element. ¶0040), and
the third indication information element indicates a primary RLC entity in the primary RLC group (Duplication function activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2; At least one RLC entity of each associated DRB must be a primary RLC entity for transfer of data);
and
the second configuration information (Secondary RLC entity configured by base station. ¶0038) comprises a fourth indication information element (PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA), indication information element for configuration ¶0037; Duplication function activated or deactivated through specific MAC Control Element. ¶0040), and the fourth indication information element indicates a primary RLC entity in the secondary
RLC group (Duplication function activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2; At least one RLC entity of each associated DRB must be a primary RLC entity for transfer of data).
RE Claim 5, Wei discloses:
The method, wherein:
the first configuration information (Primary RLC entity configured by base station. ¶0038) further comprises a fifth indication information element (Duplication function activated or deactivated, indication information element, through specific MAC Control Element. ¶0040), and the fifth indication information element indicates an initial status (Duplication state when duplication function is initially activated. ¶0040) of the RLC entity that
belongs to the primary RLC group and that is in the RLC entities associated with the PDCP entity (Duplication function, indication information element, activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2);
and
the second configuration information (Secondary RLC entity configured by base station. ¶0038) comprises a sixth indication information element (Duplication function activated or deactivated, indication information element, through specific MAC Control Element. ¶0040), and the sixth indication information element indicates an initial status (Duplication state when duplication function is initially activated. ¶0040) of the RLC entity that belongs to the secondary RLC group and that is in the RLC entities associated with the PDCP
entity (Duplication function, indication information element, activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2).
RE Claim 8, Wei discloses:
A communication apparatus (¶0142, Fig. 11), comprising:
a memory storing instructions (¶0142, Fig. 11: 1128); and
at least one processor in communication with the memory (¶0142, Fig. 11: 1126, 1140, 1128), the at least one processor configured, upon execution of the instructions (¶0146, Fig. 11: 1126, 1132), to perform the following steps:
receiving first configuration information and second configuration information from a network device (Base station configures UE. ¶0038, ¶0090), the first configuration information being used to configure a primary radio link control (RLC) group (Primary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B), the second configuration information being used to configure a secondary RLC group (Secondary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B), the primary RLC group comprises at least one RLC entity (Primary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B), and the secondary RLC group comprises at least one RLC entity (Secondary RLC entity configured by base station. ¶0038; More than one RLC entity may be included, a group, e.g. Multi Connectivity. ¶0039; Fig. 1A, 1B); and
determining the primary RLC group and the secondary RLC group based on the first configuration information and the second configuration information (PDCP entity associated with two RLC entities, primary and secondary, based on configuration. ¶¶0041, 0038-0039, Fig. 1A, 1B, 2); and
determining, by the terminal device, a first RLC group based on at least one of a primary RLC group activation status of the primary RLC group (RLC entities configured by base station communication to UE. ¶0038; PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA) , indication of activation for DC or CA mode with associated primary and secondary RLC groups per DRB. ¶¶0037, 0041; Fig. 2: 204, 208) or a secondary RLC group activation status of the secondary RLC group (RLC entities configured by base station communication to UE. ¶0038; PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA), indication of activation for DC or CA mode with associated primary and secondary RLC groups per DRB. ¶¶0037, 0041; Fig. 2: 204, 208), and based on a size relationship between a data volume of to-be-sent data and a threshold (Nt, data volume of total PDCP data pending. ¶0047; PDCP entity, terminal device, determines whether Nt is less than a threshold, ul-DataSplitThreshold. ¶0048, Fig. 2:210; Determine that the RLC entities, groups, associated to different cell groups, primary and secondary, per different MAC entities and configured for duplication function. ¶0108; Fig. 9; Determine if Nt is greater or less than threshold, route PDCP according to a)greater than threshold and send to both RLC groups or b)less than threshold and send to only one RLC group. ¶0107, Fig. 8;), wherein the first RLC group is the primary RLC group or the secondary RLC group (RLC entities configured by base station communication to UE. ¶0038; PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA), indication of activation for DC or CA mode with associated primary and secondary RLC groups per DRB. ¶¶0037, 0041; Fig. 2: 204, 208);
duplicating, by the terminal device, a first PDCP data packet based on a quantity of active-state RLC entities in the first RLC group, the duplicating generating a duplicated first PDCP data packet (¶¶0040-0041, Fig. 2: 208, 216); and
delivering, by the terminal device, the duplicated first PDCP data packet to the first RLC group (¶¶0040-0041, Fig. 2: 208, 216, 218).
RE Claim 9, Wei discloses:
The apparatus, wherein:
the first configuration information comprises a first indication information element (information element, ¶0038), and
the first indication information element indicates an RLC entity that belongs to the primary RLC group (Information element indicates primary path. ¶0038) and that is in RLC entities associated with a packet data convergence protocol (PDCP) entity (PDCP entity associated with the two, primary and secondary, RLC entities. ¶0038);
and
the second configuration information comprises a second indication information element (information element, ¶0038), and the second indication information element indicates an RLC entity that belongs to the
secondary RLC group (Secondary RLC entity association indicated by specific information element that is not the primary. ¶0038) and that is in the RLC entities associated with the PDCP entity (PDCP entity associated with the two, primary and secondary, RLC entities. ¶0038).
RE Claim 10, Wei discloses:
The apparatus, wherein the primary RLC group and the secondary RLC group are associated with a PDCP entity of a same radio bearer (PDCP entity associated with plurality of RLC entities, primary and secondary, and configured for a radio bearer by RRC. When duplication is configured for a radio bearer, additional RLC entities and logical channels are added for the radio bearer, the same bearer, to handle duplication of PDCP PDUs ¶0036).
RE Claim 11, Wei discloses:
The apparatus, wherein:
the first configuration information (Primary RLC entity configured by base station. ¶0038) comprises a third indication information element (PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA) , indication information element for configuration. ¶0037; Duplication function activated or deactivated through specific MAC Control Element. ¶0040), and
the third indication information element indicates a primary RLC entity in the primary RLC group (Duplication function activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2; At least one RLC entity of each associated DRB must be a primary RLC entity for transfer of data);
and
the second configuration information (Secondary RLC entity configured by base station. ¶0038) comprises a fourth indication information element (PDCP duplication function activated for Dual Connectivity (DC) or Carrier Aggregation (CA), indication information element for configuration ¶0037; Duplication function activated or deactivated through specific MAC Control Element. ¶0040),
and the fourth indication information element indicates a primary RLC entity in the secondary RLC group (Duplication function activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2; At least one RLC entity of each associated DRB must be a primary RLC entity for transfer of data).
RE Claim 12, Wei discloses:
The apparatus, wherein:
the first configuration information (Primary RLC entity configured by base station. ¶0038) further comprises a fifth indication information element (Duplication function activated or deactivated, indication information element, through specific MAC Control Element. ¶0040),
and the fifth indication information element indicates an initial status (Duplication state when duplication function is initially activated. ¶0040) of the RLC entity that belongs to the primary RLC group and that is in the RLC entities associated with the PDCP entity (Duplication function, indication information element, activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2);
and
the second configuration information (Secondary RLC entity configured by base station. ¶0038) comprises a sixth indication information element (Duplication function activated or deactivated, indication information element, through specific MAC Control Element. ¶0040), and the sixth indication information element indicates an initial status (Duplication state when duplication function is initially activated. ¶0040) of the RLC entity that
belongs to the secondary RLC group and that is in the RLC entities associated with the PDCP entity (Duplication function, indication information element, activated per Dedicated Radio Bearer (DRB), a primary and secondary RLC group, for DC or CA. PDCP entity associated with two RLC entities, one for each DRB, when in split bearer mode with duplication function. ¶0041, Fig. 2).
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive.
Applicant’s first argument is that the reference, Wei, does not disclose that a PDCP entity associated with two RLC entities “and configured with a duplication that is not activated (see Abstract)”. In addition, applicant includes portions of Wei, ¶0036, that “PDCP duplication can be used to increase the reliability for data transmission. The PDCP duplication may refer to an operation of sending the same PDCP PDU multiple times to a plurality of RLC entities.”
Examiner respectfully disagrees. The claims, as written, do not recite a state of activation for PDCP duplication function. Applicant’s citation of Wei, ¶0036, only refers to PDCP duplication which ‘may refer to an operation of sending the same PDCP … to a plurality of RLC entities.’ Two RLC entries below to different cell groups, e.g. different MACS for different RLC groups. ¶0106. Therefore, Wei discloses a method for supporting a PDCP duplication operation, Fig. 2. Further, the ‘activation status’ recited in the claims of the instant application is directed to the RLC groups state and not the status PDCP duplication function. Per the disclosure “The activation status of the primary RLC group includes an active state and a deactivated state.”, instant application at ¶¶0011-0012, 0093.
Applicant’s second and third arguments state that Wei “does not disclose duplicating a first PDCP packet based on a quantity of active-state RLC entities in the first RLC group”. Applicant provides no further arguments in support of their position.
Examiner respectfully disagrees. The prior office action cited, ¶¶0040-0041, Fig. 2: 208, 216, in support of the rejection. In a cursory review of Wei and Figure 2, Wei discloses “PDCP entity determines whether it is associated with two RLC entities (or multiple RLC entities)”, ¶0043, Fig. 2: 204; Two RLC entries below to different cell groups, e.g. different MACS for different RLC groups. ¶0106.
Applicant’s fourth argument states that Wei “does not disclose delivering, by the terminal device, the duplicated first PDCP data packet to the first RLC group.” Applicant provides no further arguments in support of their position.
Examiner respectfully disagrees. The prior office action cited, ¶¶0040-0041, Fig. 2: 208, 216, 218, in support of the rejection. In a cursory review of Wei and Figure 2, Wei discloses “if the duplication function is activated, the PDCP entity may submit the PDCP PDU to all of the associated RLC entities. For example, the PDCP entity may duplicate the PDCP PDU and submit the PDCP PDU and its duplicate to the two associated RLC entities, respectively.”, ¶0051, Fig. 2:216, 218. In addition, Wei discloses “The PDCP duplication can be applied based on a Dual Connectivity (DC) architecture or a Carrier Aggregation (CA) architecture, depending on whether the LCHs associated with the two RLC entities belong to different MAC entities.”, ¶0037, Fig. 1A. Two RLC entries below to different cell groups, e.g. different MACS for different RLC groups. ¶0106. Therefore, when duplication is activated, the duplicated PDCP packets are delivered to the first RLC of a first group.
Applicant's second, third and fourth arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 20180310202 A1 Löhr et al.
US 20210105844 A1 Vinay et al.
WO 2020119632 A1 Xiao et al.
US-20210100061-A1 Park et al.
The above references disclose various aspects of PDCP packet duplication with RLC entities over radio bearers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A. LANGER whose telephone number is (703)756-1780. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm, Eastern.
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/PAUL A. LANGER/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419