DETAILED ACTION
This Office action is in response to Amendment filed on 11/12/2025. Claims 6 and 14 have been
canceled. Claims 1, 9, and 17 have been amended. Claim 21 have been added. Claims 1-5, 7-13, and 15-21 remain pending in the application.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/2/2025 has been entered.
Response to Amendment
The Amendment filed on 11/12/2025 has been entered.
Response to Remarks/Arguments
Applicant’s remarks/arguments (page 9-12), filed on 11/12/2025, with respect to the 103 rejections of
claim 1 have been fully considered but are moot because new ground of rejections using a newly introduced reference (Horn et al.) are applied in the current rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103
(or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that
are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 9, 11, 17 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over
FUJISHIRO et al. (US 2018/0176974 Al, hereinafter “Fujishiro”) in view of Horn et al. (US 2005/0281243 Al, hereinafter “Horn”) further in view of Babaei et al. (US 2019/0098533 Al, hereinafter “Babaei”).
Regarding claim 1, Fujishiro discloses:
A data transmission method, comprising (communication control method with which it is possible to appropriately perform dual connectivity communication in uplink data transmission, Fujishiro: [0033]):
starting, by a communication device, a first timer when a first data packet arrives at a packet data convergence protocol (PDCP) layer of the communication device, wherein a priority of the first data packet is a first priority (UE starting first PDCP transmission timer for sending PDCP SDU/PDU to transmission target via logical channel with high priority, Fujishiro: [0108]-[0111], [0143]-[0145]); and
transmitting the first data packet via a first logical channel at the first priority (the UE 100 categorizes the uplink data of the Split Bearer to a high-priority logical channel group out of logical channel groups. the UE 100 can preferentially transmit the uplink data of the Split Bearer to the SeNB 200-2, Fujishiro: [0110]); and
in response to the first timer expiring and the communication device either not sending or not successfully sending the first data packet, starting a second timer wherein the second timer is for transmission of packet data (UE starting second timer when the first timer expires and PDCP SDU/PDU have not yet been delivered successfully and changing the transmission target, Fujishiro: Fig. 21, [0108]-[0111], [0143]-[0145], [0197] );
Fujishiro does not explicitly disclose:
setting the priority of the first data packet to a second priority; and
However, in the same field of endeavor, Horn teaches:
setting the priority of the first data packet to a second priority (control data may be assigned the highest priority class, data to be retransmitted may be assigned the next highest priority class, and data to be sent for the first time may be assigned the lowest priority class, Horn: [0056], [0084]); and
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro in view of Horn in order to further modify setting the priority of the first data packet to a second priority from the teachings of Horn.
One of ordinary skill in the art would have been motivated because the RLP PDU is filled with data based on the QoS of the different RLP flows and the priority order for each RLP flow (Horn: [0056]).
Yet, Fujishiro in view of Horn does not explicitly disclose:
moving, the first data packet from the first logical channel to a second logical channel,
Wherein a priority of the second logical channel is the second priority.
However, in the same field of endeavor, Babaei teaches:
moving, the first data packet from the first logical channel to a second logical channel (one or more messages may comprise a duplication configuration parameter for a bearer associated with a first logical channel and a second logical channel. a duplicate packet of the first packet may be transmitted via the second activated cell. one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities, Babaei: Fig. 25, [0280]-[0284]),
Wherein a priority of the second logical channel is the second priority (one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities. second activated cell in the one or more second cells may be selected based on the one or more second priorities, Babaei: [0280]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro and Horn in view of Babaei in order to further modify moving, the first data packet from the first logical channel to a second logical channel and a priority of the second logical channel is the second priority from the teachings of Babaei.
One of ordinary skill in the art would have been motivated because the wireless device may activate the at least one second cell corresponding to the duplicate logical channel (e.g., the second logical channel corresponding to the first radio bearer) in response to receiving the PDCP duplication MAC CE activating the PDCP duplication for the first radio bearer and the at least one second logical channel being deactivated. (Babaei: [0248]).
Regarding claim 3, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the
rejection of claim 1 above.
Fujishiro further discloses:
The data transmission method according to claim 1, further comprising:
discarding, by the communication device, the first data packet when the second timer expires and the first data packet is not sent or is not successfully sent (UE try to re-transmits the PDCP SDU/PDUs which have not yet been delivered successfully and starts the second timer when the first timer is expired. Then, the UE discards the PDCP SDU/PDUs when the second timer expires, Fujishiro: Fig. 21, [0197]).
Regarding claim 9, Fujishiro discloses:
An apparatus, comprising:
at least one processor and a memory storing instructions for execution by the at least one processor; wherein, when executed, the instructions cause the apparatus to perform operations comprising (The memory stores a program to be executed by the processor and information to be used for a process by the processor. The processor includes a CPU (Central Processing Unit) that performs various processes by executing the program stored in the memory. The processor may further include a codec that performs encoding and decoding of sound and video signals. The processor implements various processes and various communication protocols, Fujishiro: [0062]):
starting a first timer when a first data packet arrives at a packet data convergence protocol (PDCP) layer of the apparatus, wherein a priority of the first data packet is a first priority (UE starting first PDCP transmission timer for sending PDCP SDU/PDU to transmission target via logical channel with high priority, Fujishiro: [0108]-[0111], [0143]-[0145]); and
transmitting the first data packet via a first logical channel at the first priority (the UE 100 categorizes the uplink data of the Split Bearer to a high-priority logical channel group out of logical channel groups. the UE 100 can preferentially transmit the uplink data of the Split Bearer to the SeNB 200-2, Fujishiro: [0110]); and
in response to the first timer expiring and the communication device either not sending or not successfully sending the first data packet, starting a second timer wherein the second timer is for transmission of packet data (UE starting second timer when the first timer expires and PDCP SDU/PDU have not yet been delivered successfully and changing the transmission target, Fujishiro: Fig. 21, [0108]-[0111], [0143]-[0145], [0197]);
Fujishiro does not explicitly disclose:
setting the priority of the first data packet to a second priority; and
However, in the same field of endeavor, Horn teaches:
setting the priority of the first data packet to a second priority (control data may be assigned the highest priority class, data to be retransmitted may be assigned the next highest priority class, and data to be sent for the first time may be assigned the lowest priority class, Horn: [0056], [0084]); and
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro in view of Horn in order to further modify setting the priority of the first data packet to a second priority from the teachings of Horn.
One of ordinary skill in the art would have been motivated because the RLP PDU is filled with data based on the QoS of the different RLP flows and the priority order for each RLP flow (Horn: [0056]).
Yet, Fujishiro in view of Horn does not explicitly disclose:
moving, the first data packet from the first logical channel to a second logical channel,
Wherein a priority of the second logical channel is the second priority.
However, in the same field of endeavor, Babaei teaches:
moving, the first data packet from the first logical channel to a second logical channel (one or more messages may comprise a duplication configuration parameter for a bearer associated with a first logical channel and a second logical channel. a duplicate packet of the first packet may be transmitted via the second activated cell. one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities, Babaei: Fig. 25, [0280]-[0284]),
Wherein a priority of the second logical channel is the second priority (one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities. second activated cell in the one or more second cells may be selected based on the one or more second priorities, Babaei: [0280]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro and Horn in view of Babaei in order to further modify moving, the first data packet from the first logical channel to a second logical channel and a priority of the second logical channel is the second priority from the teachings of Babaei.
One of ordinary skill in the art would have been motivated because the wireless device may activate the at least one second cell corresponding to the duplicate logical channel (e.g., the second logical channel corresponding to the first radio bearer) in response to receiving the PDCP duplication MAC CE activating the PDCP duplication for the first radio bearer and the at least one second logical channel being deactivated. (Babaei: [0248]).
Regarding claim 11, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 9 above.
Fujishiro further discloses:
The apparatus according to claim 9, wherein, when executed, the instructions further cause the apparatus to perform operations comprising (The memory stores a program to be executed by the processor and information to be used for a process by the processor. The processor implements various processes and various communication protocols, Fujishiro: [0062]):
discarding the first data packet when the second timer expires and the first data packet is not sent or is not successfully sent (UE try to re-transmits the PDCP SDU/PDUs which have not yet been delivered successfully and starts the second timer when the first timer is expired. Then, the UE discards the PDCP SDU/PDUs when the second timer expires, Fujishiro: Fig. 21, [0197]).
Regarding claim 17, Fujishiro discloses:
An apparatus, comprising:
at least one processor and a memory storing instructions for execution by the at least one processor; wherein, when executed, the instructions cause the apparatus to perform operations comprising (The memory stores a program to be executed by the processor and information to be used for a process by the processor. The processor includes a CPU that performs various processes by executing the program stored in the memory. The processor implements various processes and various communication protocols, Fujishiro: [0066]):
determining first configuration information, wherein the first configuration information is used to configure a first logical channel and a second logical channel, the first logical channel is a logical channel used to transmit a first data packet when the first data packet enters a packet data convergence protocol (PDCP) layer of a terminal, the second logical channel is an auxiliary logical channel of the first logical channel, and data on the second logical channel does not trigger the terminal to send a buffer status report (BSR) (the MeNB can set the parameter to indicate to the UE an offset for the configuration(s) in LogicalChannelConfig, e.g. the PBR and/or the priority in order to compensate for the latency of data path via the SeNB including X2 latency. the discard timer for the SeNB should be configured with shorter time than the other timer for the MeNB, in order to avoid unnecessary extension of time to keep the PDCP SDU/PDUs. The same configuration of dual timers can work well in more unstable radio condition of the link to the SeNB than the MeNB, assuming UE movement, Fujishiro: [0179], [0199]); and
transmitting the first data packet via a first logical channel at the first priority when the first data packet enters a packet data convergence protocol (PDCP) layer (the UE 100 categorizes the uplink data of the Split Bearer to a high-priority logical channel group out of logical channel groups. the UE 100 can preferentially transmit the uplink data of the Split Bearer to the SeNB 200-2. the PDCP function 243 can receive the uplink data within a predetermined time, Fujishiro: [0110]);
in response to a first timer expiring and a communication device either not sending or not successful1y sending the first data packet, starting a second timer, wherein the second timer is for transmission of packet data (UE starting second timer when the first timer expires and PDCP SDU/PDU have not yet been delivered successfully and changing the transmission target, Fujishiro: Fig. 21, [0108]-[0111], [0143]-[0145], [0197]);
data on the second logical channel does not trigger the terminal to send a buffer status report (BSR) (UE may reports a buffer status by each bearer (by each PDCP entity). MAC functions transmitting the Buffer Status Report by each bearer get a buffer status from the PDCP function. D/C is an identifier indicating a control signal (Control) or data (Data), and PDU Type indicates a type of Control PDU (010; PDCP BSR, 011; PDCP UL Grant), Fujishiro: [0130]-[0131], [0135]); and
Fujishiro does not explicitly disclose:
after setting a priority of the first data packet from a first priority to a second priority
sending the first configuration information to the terminal.
However, in the same field of endeavor, Horn teaches:
after setting a priority of the first data packet from a first priority to a second priority (control data may be assigned the highest priority class, data to be retransmitted may be assigned the next highest priority class, and data to be sent for the first time may be assigned the lowest priority class, Horn: [0056], [0084]); and
sending the first configuration information to the terminal (The retransmitted RLP frame for each hole at the receiver has its own header and can be identified by the user terminal signaling information may be sent through a separate signaling protocol, Horn: [0056], [0084]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro in view of Horn in order to further modify setting the priority of the first data packet to a second priority and sending the first configuration information to the terminal from the teachings of Horn.
One of ordinary skill in the art would have been motivated because the RLP PDU is filled with data based on the QoS of the different RLP flows and the priority order for each RLP flow (Horn: [0056]).
Yet, Fujishiro in view of Horn do not explicitly disclose:
the second logical channel is an auxiliary logical channel of the first logical channel that a first data packet enters
and moving the first data packet from the first logical channel to the second logical channel,
wherein a priority of the second logical channel is the second priority,
the auxiliary logical channel is configured to have data packets with different priority values, and
However, in the same field of endeavor, Babaei teaches:
the second logical channel is an auxiliary logical channel of the first logical channel that a first data packet enters after a priority of the first data packet is changed from a first priority to a second priority, the auxiliary logical channel is configured to have data packets with different priority values (one or more messages may comprise a duplication configuration parameter for a bearer associated with a first logical channel and a second logical channel. one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities, Babaei: [0280]-[0284]),
and moving the first data packet from the first logical channel to the second logical channel (one or more messages may comprise a duplication configuration parameter for a bearer associated with a first logical channel and a second logical channel. a duplicate packet of the first packet may be transmitted via the second activated cell. one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities, Babaei: Fig. 25, [0280]-[0284]),
wherein a priority of the second logical channel is the second priority (one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities. second activated cell in the one or more second cells may be selected based on the one or more second priorities, Babaei: [0280] -[0284]),
the auxiliary logical channel is configured to have data packets with different priority values (one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities. second activated cell in the one or more second cells may be selected based on the one or more second priorities, Babaei: [0280] -[0284]), and
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro and Horn in view of Babaei in order to further modify entering the first data packet to an auxiliary logical channel, and configuring the auxiliary logical channel to have data packets with different priority values from the teachings of Babaei.
One of ordinary skill in the art would have been motivated because the wireless device may activate the at least one second cell corresponding to the duplicate logical channel (e.g., the second logical channel corresponding to the first radio bearer) in response to receiving the PDCP duplication MAC CE activating the PDCP duplication for the first radio bearer and the at least one second logical channel being deactivated. (Babaei: [0248]).
Regarding claim 20, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 17 above.
Fujishiro further discloses:
The apparatus according to claim 17, wherein, when executed, the instructions further cause the apparatus to perform operations comprising (The memory stores a program to be executed by the processor and information to be used for a process by the processor. The processor includes a CPU that performs various processes by executing the program stored in the memory. The processor implements various processes and various communication protocols, Fujishiro: [0065]):
sending second configuration information to the terminal, wherein the second configuration information is used to configure a first timer, a second timer, a first priority, and a second priority for the terminal (UE sets a LCP (Logical Channel Priority) of the uplink data of the Split Bearer to a high priority. That is, the UE categorizes the uplink data of the Split Bearer to a high-priority logical channel group out of logical channel groups. Thus, the UE can preferentially transmit the uplink data of the Split Bearer to the SeNB, and the PDCP function can receive the uplink data within a predetermined time. in the RRC procedure of the MeNB and the UE, the MeNB notifies the UE of the permissive delay amount by using an information element (Logical Channel Config information element) for which LCP information is set, Fujishiro: [0110]-[0112]).
Regarding claim 21, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 1 above.
Fujishiro further discloses:
in response to the first data packet entering the auxiliary logical channel, skipping determination of whether a buffer status report (BSR) needs to be triggered (UE may reports a buffer status by each bearer (by each PDCP entity). MAC functions transmitting the Buffer Status Report by each bearer get a buffer status from the PDCP function. Data/Control (D/C) is an identifier indicating a control signal (Control) or data (Data), and PDU Type indicates a type of Control PDU (010; PDCP BSR, 011; PDCP UL Grant), Fujishiro: [0130]-[0131], [0135]).
Yet, Fujishiro in view of Horn do not explicitly disclose:
The data transmission method according to claim 1, wherein the communication device is a terminal, the second logical channel is the auxiliary logical channel, and the data transmission method further comprises:
However, in the same field of endeavor, Babaei teaches:
wherein the communication device is a terminal, the second logical channel is the auxiliary logical channel, and the data transmission method further comprises (one or more messages may comprise a duplication configuration parameter for a bearer associated with a first logical channel and a second logical channel. one or more messages may comprise second configuration parameters indicating that the second logical channel is mapped to one or more second cells having one or more second priorities, Babaei: [0280]-[0284]):
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro and Horn in view of Babaei in order to further modify the communication device which is a terminal and the second logical channel which is the auxiliary logical channel from the teachings of Babaei.
One of ordinary skill in the art would have been motivated because the wireless device may activate the at least one second cell corresponding to the duplicate logical channel (e.g., the second logical channel corresponding to the first radio bearer) in response to receiving the PDCP duplication MAC CE activating the PDCP duplication for the first radio bearer and the at least one second logical channel being deactivated. (Babaei: [0248]).
Claims 2, 5, 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro-Horn-
Babaei in view of SHAH et al. (US 2022/0104124 Al, hereinafter “Shah”).
Regarding claim 2, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 1 above.
Fujishiro-Horn-Babaei does not explicitly disclose:
The data transmission method according to claim 1, wherein the second priority is lower than the first priority.
However, in the same field of endeavor, Shah teaches:
wherein the second priority is lower than the first priority (runtime of the monitoring sleeping timer may be set to a smaller value for a SR configuration of a first level of priority than for a scheduling request (SR) configuration of a second level of priority, which is lower than the first level of priority, Shah: [0169]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Shah in order to further modify the second priority lower than the first priority from the teachings of Shah.
One of ordinary skill in the art would have been motivated because it is possible to improve the reliability from radio perspective and network perspective (Shah: [0097]).
Regarding claim 5, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 1 above.
Fujishiro further discloses:
The data transmission method according to claim 1, wherein the communication device is a terminal, and the method further comprises (UE is a mobile communication device, Fujishiro: [0055]):
sending, by the communication device, a buffer status report (BSR), wherein the BSR indicates a data volume corresponding to the first priority and a data volume corresponding to the second priority (UE may reports a buffer status by each bearer (by each PDCP entity). MAC functions (163, 167) transmitting the Buffer Status Report by each bearer get a buffer status from the PDCP function, Fujishiro: [0130]-[0131]).
Fujishiro-Horn-Babaei does not explicitly disclose:
wherein the BSR indicates a data volume corresponding to the first priority and a data volume corresponding to the second priority.
However, in the same field of endeavor, Shah teaches:
wherein the BSR indicates a data volume corresponding to the first priority and a data volume corresponding to the second priority (BSR is reported in uplink to inform gNB about the amount of buffered data at the UE and allows for the gNB to distinguish between data with different scheduling priorities, as BSR reporting is performed per logical channel group (LCG), wherein each LCG may be associated with a respective level of priority, Shah: [0216]-[0219]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Shah in order to further modify data volume corresponding to the priority from the teachings of Shah.
One of ordinary skill in the art would have been motivated because it is possible to improve the reliability from radio perspective and network perspective (Shah: [0097]).
Regarding claim 10, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 9 above.
Fujishiro-Horn does not explicitly disclose:
The apparatus according to claim 9, wherein the second priority is lower than the first priority.
However, in the same field of endeavor, Shah teaches:
wherein the second priority is lower than the first priority (runtime of the monitoring sleeping timer may be set to a smaller value for a SR configuration of a first level of priority than for a scheduling request (SR) configuration of a second level of priority, which is lower than the first level of priority, Shah: [0169]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Shah in order to further modify the second priority lower than the first priority from the teachings of Shah.
One of ordinary skill in the art would have been motivated because it is possible to improve the reliability from radio perspective and network perspective (Shah: [0097]).
Regarding claim 13, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 9 above.
Fujishiro further discloses:
The apparatus according to claim 9, wherein, when executed, the instructions further cause the apparatus to perform operations comprising (The memory stores a program to be executed by the processor and information to be used for a process by the processor. The processor implements various processes and various communication protocols, Fujishiro: [0062]):
sending a buffer status report (BSR), wherein the BSR indicates a data volume corresponding to the first priority and a data volume corresponding to the second priority (UE may reports a buffer status by each bearer (by each PDCP entity). MAC functions (163, 167) transmitting the Buffer Status Report by each bearer get a buffer status from the PDCP function, Fujishiro: [0130]-[0131]).
Fujishiro-Horn-Babaei does not explicitly disclose:
wherein the BSR indicates a data volume corresponding to the first priority and a data volume corresponding to the second priority.
However, in the same field of endeavor, Shah teaches:
wherein the BSR indicates a data volume corresponding to the first priority and a data volume corresponding to the second priority (BSR is reported in uplink to inform gNB about the amount of buffered data at the UE and allows for the gNB to distinguish between data with different scheduling priorities, as BSR reporting is performed per logical channel group (LCG), wherein each LCG may be associated with a respective level of priority, Shah: [0216]-[0219]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Shah in order to further modify data volume corresponding to the priority from the teachings of Shah.
One of ordinary skill in the art would have been motivated because it is possible to improve the reliability from radio perspective and network perspective (Shah: [0097]).
Claims 7-8, 15-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro-Horn-Babaei in view of KIM et al. (US 2020/0092719 Al, hereinafter “Kim”).
Regarding claim 7, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 6 above.
Fujishiro-Horn-Babaei does not explicitly disclose:
The data transmission method according to claim 6, wherein when the first logical channel and the second logical channel correspond to a same PDCP entity, a PDCP sequence number (SN) of the first data packet on the first logical channel is the same as a PDCP SN of the first data packet on the second logical channel.
However, in the same field of endeavor, Kim teaches:
wherein when the first logical channel and the second logical channel correspond to a same PDCP entity, a PDCP sequence number (SN) of the first data packet on the first logical channel is the same as a PDCP SN of the first data packet on the second logical channel (when multiple segmented RLC SDUs constituting an original RLC SDU are received, the RLC SDUs and delivering the reassembled RLC SDU to the upper layer; reordering the received RLC PDUs based on the RLC sequence number(SN) or PDCP SN; recording the missing RLC PDUs among the reordered RLC PDUs; transmitting a status report indicating the missing RLC PDUs to the sender; requesting for retransmission of the missing RLC PDUs; and delivering, when there is a missing RLC PDU, the RLC PDUs before the missing RLC PDU in sequence, delivering, if a predetermined timer expires even when there is any missing RLC SDU, all RLC SDUs received before the start of the timer to the upper layer in sequence, or delivering, if a predetermined timer expires even when there is any missing RLC SDU, all RLC SDUs received until then to the upper layer in sequence, Kim: [0131]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Kim in order to further modify the first logical channel and the second logical channel correspond to a same PDCP entity, a PDCP sequence number (SN) of the first data packet on the first logical channel the same as a PDCP SN of the first data packet on the second logical channel from the teachings of Kim.
One of ordinary skill in the art would have been motivated because it could support low-latency high-liability data transmission among the wireless devices (Kim: [0012]).
Regarding claim 8, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 6 above.
Fujishiro-Horn-Babaei does not explicitly disclose:
The data transmission method according to claim 6, wherein when the first logical channel and the second logical channel correspond to different PDCP entities, a PDCP SN of the first data packet on the second logical channel is a renumbered PDCP SN.
However, in the same field of endeavor, Kim teaches:
wherein when the first logical channel and the second logical channel correspond to different PDCP entities, a PDCP SN of the first data packet on the second logical channel is a renumbered PDCP SN (out-of-sequence delivery function of an NR RLC entity ld-10 and ld-35 is to deliver the RLC SDUs received from the lower layer to the upper layer out of order and may include reassembling, when multiple segmented RLC SDUs constituting an original RLC SDU are received, the segmented RLC SDUs, delivering the reassembled RLC SDUs to the upper layer, arranging the received RLC PDUs based on the RLC SN or PDCP SN, and recording the SN of the missing RLC PDUs, Kim: [0132]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Kim in order to further modify the first logical channel and the second logical channel correspond to different PDCP entities, a PDCP SN of the first data packet on the second logical channel a renumbered PDCP SN from the teachings of Kim.
One of ordinary skill in the art would have been motivated because it could support low-latency high-liability data transmission among the wireless devices (Kim: [0012]).
Regarding claim 15, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 14 above.
Fujishiro-Horn-Babaei does not explicitly disclose:
The apparatus according to claim 14, wherein, when the first logical channel and the second logical channel correspond to a same PDCP entity, a PDCP sequence number (SN) of the first data packet on the first logical channel is the same as a PDCP SN of the first data packet on the second logical channel.
However, in the same field of endeavor, Kim teaches:
wherein, when the first logical channel and the second logical channel correspond to a same PDCP entity, a PDCP sequence number (SN) of the first data packet on the first logical channel is the same as a PDCP SN of the first data packet on the second logical channel (when multiple segmented RLC SDUs constituting an original RLC SDU are received, the RLC SDUs and delivering the reassembled RLC SDU to the upper layer; reordering the received RLC PDUs based on the RLC sequence number(SN) or PDCP SN; recording the missing RLC PDUs among the reordered RLC PDUs; transmitting a status report indicating the missing RLC PDUs to the sender; requesting for retransmission of the missing RLC PDUs; and delivering, when there is a missing RLC PDU, the RLC PDUs before the missing RLC PDU in sequence, delivering, if a predetermined timer expires even when there is any missing RLC SDU, all RLC SDUs received before the start of the timer to the upper layer in sequence, or delivering, if a predetermined timer expires even when there is any missing RLC SDU, all RLC SDUs received until then to the upper layer in sequence, Kim: [0131]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Kim in order to further modify the first logical channel and the second logical channel correspond to a same PDCP entity, a PDCP sequence number (SN) of the first data packet on the first logical channel the same as a PDCP SN of the first data packet on the second logical channel from the teachings of Kim.
One of ordinary skill in the art would have been motivated because it could support low-latency high-liability data transmission among the wireless devices (Kim: [0012]).
Regarding claim 16, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 14 above.
Fujishiro-Horn-Babaei does not explicitly disclose:
The apparatus according to claim 14, wherein, when the first logical channel and the second logical channel correspond to different PDCP entities, a PDCP SN of the first data packet on the second logical channel is a renumbered PDCP SN.
However, in the same field of endeavor, Kim teaches:
wherein, when the first logical channel and the second logical channel correspond to different PDCP entities, a PDCP SN of the first data packet on the second logical channel is a renumbered PDCP SN (out-of-sequence delivery function of an NR RLC entity ld-10 and ld-35 is to deliver the RLC SDUs received from the lower layer to the upper layer out of order and may include reassembling, when multiple segmented RLC SDUs constituting an original RLC SDU are received, the segmented RLC SDUs, delivering the reassembled RLC SDUs to the upper layer, arranging the received RLC PDUs based on the RLC SN or PDCP SN, and recording the SN of the missing RLC PDUs, Kim: [0132]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Kim in order to further modify the first logical channel and the second logical channel correspond to different PDCP entities, a PDCP SN of the first data packet on the second logical channel a renumbered PDCP SN from the teachings of Kim.
One of ordinary skill in the art would have been motivated because it could support low-latency high-liability data transmission among the wireless devices (Kim: [0012]).
Regarding claim 19, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 17 above.
Fujishiro further discloses:
The apparatus according to claim 17, wherein the first logical channel and the second logical channel correspond to a same PDCP entity, and when executed, the instructions further cause the apparatus to perform operations comprising (UE sets a LCP (Logical Channel Priority) of the uplink data of the Split Bearer to a high priority. That is, the UE categorizes the uplink data of the Split Bearer to a high-priority logical channel group out of logical channel groups. Thus, the UE can preferentially transmit the uplink data of the Split Bearer to the SeNB, and the PDCP function can receive the uplink data within a predetermined time. in the RRC procedure of the MeNB and the UE, the MeNB notifies the UE of the permissive delay amount by using an information element (Logical Channel Config information element) for which LCP information is set, Fujishiro: [0110]-[0112]):
Fujishiro-Horn-Babaei does not explicitly disclose:
receiving, by a PDCP layer of the apparatus, the first data packet sent by the terminal by using the second logical channel; and
delivering the first data packet in an in-order delivery manner.
However, in the same field of endeavor, Kim teaches:
receiving, by a PDCP layer of the apparatus, the first data packet sent by the terminal by using the second logical channel (when multiple segmented RLC SDUs constituting an original RLC SDU are received, the RLC SDUs and delivering the reassembled RLC SDU to the upper layer; reordering the received RLC PDUs based on the RLC sequence number(SN) or PDCP SN; recording the missing RLC PDUs among the reordered RLC PDUs; transmitting a status report indicating the missing RLC PDUs to the sender; requesting for retransmission of the missing RLC PDUs; and delivering, when there is a missing RLC PDU, the RLC PDUs before the missing RLC PDU in sequence, delivering, if a predetermined timer expires even when there is any missing RLC SDU, all RLC SDUs received before the start of the timer to the upper layer in sequence, or delivering, if a predetermined timer expires even when there is any missing RLC SDU, all RLC SDUs received until then to the upper layer in sequence, Kim: [0131]); and
delivering the first data packet in an in-order delivery manner (out-of-sequence delivery function of an NR RLC entity ld-10 and ld-35 is to deliver the RLC SDUs received from the lower layer to the upper layer out of order and may include reassembling, when multiple segmented RLC SDUs constituting an original RLC SDU are received, the segmented RLC SDUs, delivering the reassembled RLC SDUs to the upper layer, arranging the received RLC PDUs based on the RLC SN or PDCP SN, and recording the SN of the missing RLC PDUs, Kim: [0132]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Kim in order to further modify receiving the first data packet sent by the terminal by using the second logical channel and delivering the first data packet in an in-order delivery manner from the teachings of Kim.
One of ordinary skill in the art would have been motivated because it could support low-latency high-liability data transmission among the wireless devices (Kim: [0012]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro-Horn-Babaei in
view of Gholmieh et al. (US 2020/0169916 Al, hereinafter “Gholmieh”).
Regarding claim 18, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 17 above.
Fujishiro further discloses:
The apparatus according to claim 17, wherein the first logical channel and the second logical channel correspond to a same PDCP entity, and when executed, the instructions further cause the apparatus to perform operations comprising (UE sets a LCP (Logical Channel Priority) of the uplink data of the Split Bearer to a high priority. That is, the UE categorizes the uplink data of the Split Bearer to a high-priority logical channel group out of logical channel groups. Thus, the UE can preferentially transmit the uplink data of the Split Bearer to the SeNB, and the PDCP function can receive the uplink data within a predetermined time. in the RRC procedure of the MeNB and the UE, the MeNB notifies the UE of the permissive delay amount by using an information element (Logical Channel Config information element) for which LCP information is set, Fujishiro: [0110]-[0112]):
Fujishiro-Horn-Babaei does not explicitly disclose:
receiving, by a PDCP layer of apparatus, the first data packet sent by the terminal by using the second logical channel; and
delivering the first data packet in an out-of-order delivery manner.
However, in the same field of endeavor, Gholmieh teaches:
receiving, by a PDCP layer of apparatus, the first data packet sent by the terminal by using the second logical channel (PDCP sublayer may manage aspects of integrity protection and/or packet ordering for wireless transmissions. For example, the PDCP sublayer may assign PDCP SNs to packets received from higher layers (e.g., IP sublayer). In some examples, the assigned PDCP SN may be added to the data packet (e.g., in the packet header) and used during wireless transmission, Gholmieh: [0123]); and
delivering the first data packet in an out-of-order delivery manner (some packets may be sent out of order, e.g., due to expiration of an expiry timer associated with each packet, due to reception of a higher priority data packets, Gholmieh: [0070]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Gholmieh in order to further modify receiving the first data packet sent by the terminal by using the second logical channel and delivering the first data packet in an out-of-order delivery manner from the teachings of Gholmieh.
One of ordinary skill in the art would have been motivated because it may improve integrity protection functions at the PDCP layer, as well as improve packet ordering/reordering operations at the receiving device (Gholmieh: [0071]).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro-Horn-Babaei
in view of PARK et al. (US 2018/0352601 Al, hereinafter “Park”).
Regarding claim 4, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 1 above.
Fujishiro further discloses:
The data transmission method according to claim 1, further comprising:
starting, by the communication device, a third timer when the second timer expires and the first data packet is not sent or is not successfully sent, UE may have a discard timer (PDCP Discard Timer) for counting a time of the uplink data stored in the transmission buffer region, in addition to the transmission timer. The UE discards the uplink data belonging to the Split Bearer remaining in the transmission buffer region, when the discard timer expires. Therefore, The UE changes the transmission target when the transmission timer is expired, and discards the untransmitted uplink data when the discard timer is expired, Fujishiro: [0145]).
Fujishiro does not explicitly disclose:
wherein the priority of the first data packet is changed to a third priority.
However, in the same field of endeavor, Park teaches:
wherein the priority of the first data packet is changed to a third priority (A priority and a discard timer of each IP packet according to the QoS difference may be configured differently for the packets to which different QoS settings should be applied, Park: [0141]-[0143]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Park in order to further modify changing the priority of the first data packet to a third priority from the teachings of Park.
One of ordinary skill in the art would have been motivated because it may provide ultra-reliable low latency communication (URLLC) can be performed through data transmission and reception in a mobile communication system, which reflect efficient management of redundant transmission and priority setting of data transmission (Park: [0023]).
Regarding claim 12, Fujishiro-Horn-Babaei teaches all the claimed limitations as set forth in the rejection of claim 9 above.
Fujishiro further discloses:
The apparatus according to claim 9, wherein, when executed, the instructions further cause the apparatus to perform operations comprising (The memory stores a program to be executed by the processor and information to be used for a process by the processor. The processor implements various processes and various communication protocols, Fujishiro: [0062]):
starting a third timer when the second timer expires and the first data packet is not sent or is not successfully sent, UE may have a discard timer (PDCP Discard Timer) for counting a time of the uplink data stored in the transmission buffer region, in addition to the transmission timer. The UE discards the uplink data belonging to the Split Bearer remaining in the transmission buffer region, when the discard timer expires. Therefore, The UE changes the transmission target when the transmission timer is expired, and discards the untransmitted uplink data when the discard timer is expired, Fujishiro: [0145]).
Fujishiro does not explicitly disclose:
wherein the priority of the first data packet is changed to a third priority.
However, in the same field of endeavor, Park teaches:
wherein the priority of the first data packet is changed to a third priority (A priority and a discard timer of each IP packet according to the QoS difference may be configured differently for the packets to which different QoS settings should be applied, Park: [0141]-[0143]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fujishiro-Horn-Babaei in view of Park in order to further modify changing the priority of the first data packet to a third priority from the teachings of Park.
One of ordinary skill in the art would have been motivated because it may provide ultra-reliable low latency communication (URLLC) can be performed through data transmission and reception in a mobile communication system, which reflect efficient management of redundant transmission and priority setting of data transmission (Park: [0023]).
Conclusion
In the case of amendments, applicant is respectfully requested to indicate the portion(s) of the
specification which dictate(s) the structure relied on for proper interpretation and support, for ascertaining the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG C LEE whose telephone number is (703)756-1461. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HASSAN PHILLIPS can be reached on (571)272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.C.L./Examiner, Art Unit 2467
/HASSAN A PHILLIPS/Supervisory Patent Examiner, Art Unit 2467