DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
2. 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.
3. 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.
4. 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.
5. Claims 1-4, 7-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dao et al. (US 2020/0145876 A1, hereinafter “Dao”) in view of Oman et al. (US 2010/0306407 A1) and Hwang et al. (US 2018/0019903 A1, hereinafter “Hwang”).
Regarding claims 1, 12 and 14, Dao teaches a non-transitory computer-readable storage medium, storing a computer program, the computer program, when executed by one or more processers, implementing a data transmission method (fig. 1, ¶ [0036]-¶ [0038], ¶ [0372]), comprising: receiving a data packet transmitted by a superior/previous/core network node, detecting, according to an indication information, a transmitting condition of the (advanced interactive) data packets during transmitting the data packets to a subordinate/network node (or user equipment) (¶ [0048], ¶ [0081], ¶ [0082], [0095], ¶ [0096], ¶ [0097], ¶ [0098], PHP may comprise of a first indication, which may be called a Drop-Delayed-Packet (or PHP Rule) parameter, to indicate whether the network drops or delivers the packets when the packet delay exceeds the segment or E2E PDB. This parameter may be used for GBR, non-GBR, delay critical GBR QoS flows, or any types of traffic type. ¶ [0099]-¶ [0107], ¶ [0109], ¶ [0140], the SMF may instruct the UPF and/or (R)AN and/or UE, and/or CP functions (such as AMF, NEF) to perform one of the packet delay measurement methods describe earlier, ¶ [0218], ¶ [0224]); and stopping transmitting the remaining data packets to the subordinate node in response to detecting that the data packets fail to be transmitted to the subordinate node (¶ [0109], The Drop-Delayed-Packet parameter may have two values, for example TRUE or FALSE. If the Drop-Delayed-Packet parameter is TRUE, in an embodiment, the network function drops packets if the packet delay is larger than the PDT. Otherwise, if the Drop-Delayed-Packet parameter is FALSE, in an embodiment, the wireless system delivers packets if the packet delay is larger than the PDT, ¶ [0116], the presence of the Drop-Delayed-Packet parameter may indicate that the UP entities such as the UE, and/or (R)AN and/or the UPF may drop the packets when the packet delay is larger than the PDT of this network function. ¶ [0140]).
Dao does not explicitly teach identifying, according to a first indication information and a second indication information in an advanced interactive data packet, that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet, and the data packets from the start data packet to the end data packet all belong to the sub-data packets obtained by splitting the advanced interactive data packet; detecting a transmitting condition of the data packet during transmitting the sub-data packet to a subordinate node, and stopping transmitting remaining sub-data packets of the same advanced interactive data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the subordinate node.
Oman teaches identifying, according to a first indication information and a second indication information in a data packet, that the data packet belongs to sub-data packets obtained by splitting the data packet (fig. 1, ¶ [0032], When an intermediate device receives an IP fragment (identifiable from the IP header), the router temporarily stores the fragment in the packet buffer memory and starts a clock. The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received); and wherein: each sub-data packet is added with indication information being used for indicating that sub-data packet is a transmitted sub-data packet of the sub-data packets (fig. 1, ¶ [0032], When an intermediate device receives an IP fragment (identifiable from the IP header). The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received. ¶ [0034], a first fragment entering the packet memory), and the data packets from a start to an end all belong to the sub-data packets obtained by splitting the advanced interactive data packet (¶ [0032], When an intermediate device receives an IP fragment (identifiable from the IP header), the router temporarily stores the fragment in the packet buffer memory and starts a clock. The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received); detecting a transmitting condition of the data packet during transmission the sub-data packet to a subordinate node (¶ [0032], ¶ [0034], If the predetermined maximum period of time from a first fragment entering the packet memory has passed, a timeout occurs and all fragments belonging to that chain of fragments are dropped), stopping transmitting remaining sub-data packets of the same data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the next node (¶ [0032], ¶ [0033], Only if all fragments have been received does the router forwards the fragments. ¶ [0034]. ¶ [0035] The invention thereby enables all fragments of the original packet to be forwarded with correct priority and rate-limiting. It also avoids passing incomplete datagrams on through the system if one or more fragments has been lost).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to identify, according to an indication information, added to each sub-data packet, being used for indicating that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet; to detect a transmitting condition of the data packet during transmission the sub-data packet to a subordinate node and to stop transmitting remaining sub-data packets of the same data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the subordinate node in the system of Dao to enable all sub-packets to be forwarded with correct priority and rate-limiting and to avoid passing incomplete packets if one or more sub-packets has been lost (¶ [0035] of Oman).
Dao in view of Oman does not explicitly teach wherein the sub-data packets comprise a start data packet an end data packet; the start data packet is added with the first indication information being used for indicating that the start data packet is a first transmitted sub-data packet of the sub-data packets and the end data packet comprises second indication information, the second indication information being used for indicating that the end data packet is the last transmitted sub-data packet of the sub-data packets.
However, Oman teaches the router temporarily stores the fragment in the packet buffer memory and starts a clock. The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received or the clock reaches a predetermined maximum period of time from the first fragment entering the packet memory (¶ [0032] ).
Hwang teaches wherein the sub-data packets comprise a start data packet and an end data packet; the start data packet comprises first indication information, the first indication information being used for indicating that the start data packet is the first transmitted sub-data packet of the sub-data packets; and (figs. 35, 36, 40, ¶ [0492], The Start flag and the End flag are flags that represent a start and an end of packet, respectively, and 1 bit may be allocated to each flag. ¶ [0519], ¶ [0504]); the end data packet comprises second indication information, the second indication information being used for indicating that the end data packet is the last transmitted sub-data packet of the sub-data packets (figs. 35, 36, 40, ¶ [0492], The Start flag and the End flag are flags that represent a start and an end of packet, respectively, and 1 bit may be allocated to each flag. ¶ [0519], ¶ [0504]), the data packets from the start data packet to the end data packet all belong to the sub-data packets obtained by splitting the advanced interactive data packet (figs. 35, 36, 40, ¶ [0492], ¶ [0504], packet may be transmitted by being fragmented into a start packet, an intermediate packet and an end packet).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, that in order for a node to determine/identify whether all fragments/sub-data packets, obtained by splitting the advanced interactive data packet, have been received, the fragments/sub-data packets have to include indication information (i.e., a start data packet with first indication, intermediate sub-packets with corresponding indication information, and an end data packet with second indication) in the system of Dao in view of Oman to utilize conventional techniques in the art of complying with maximum transmission unit requirements of the network and assisting the receiving node with re-assembling the sub-data packets (¶ [0494]-¶ [0497], ¶ [0517]-¶ [0521] of Hwang).
Regarding claims 9, 13 and 20, Dao teaches a non-transitory computer-readable storage medium, storing a computer program, the computer program, when executed by one or more processers, implementing a data transmission method (fig. 1, ¶ [0036]-¶ [0038], ¶ [0372]), comprising: receiving a data packet transmitted by a next generation nodeB, detecting, according to an indication information, a receiving condition of all the sub-data packets during receiving the data packet (¶ [0048], ¶ [0081], ¶ [0082], [0095], ¶ [0096], ¶ [0097], ¶ [0098], PHP may comprise of a first indication, which may be called a Drop-Delayed-Packet (or PHP Rule) parameter, to indicate whether the network drops or delivers the packets when the packet delay exceeds the segment or E2E PDB. This parameter may be used for GBR, non-GBR, delay critical GBR QoS flows, or any types of traffic type. ¶ [0099]-¶ [0107], ¶ [0109], ¶ [0140], the SMF may instruct the UPF and/or (R)AN and/or UE, and/or CP functions (such as AMF, NEF) to perform one of the packet delay measurement methods describe earlier, ¶ [0218], ¶ [0224]); transmitting transmission failure information to an application server of the advanced interactive data packet, the transmission failure information being used for indicating that the advanced interactive data packet fails to be transmitted to a receiver node ( ¶ [0224], The SMF 310 may receive a report from the UPF 304 (this report message is not shown in FIG. 9) to report that the UPF 304 detects uplink or downlink PDUs that could be subject to being dropped (or discarded), ¶ [0226]-¶ [0228]) and instructing to stop transmitting remaining packets in response to detecting that the data packet fails to be transmitted to the subordinate node (¶ [0109], The Drop-Delayed-Packet parameter may have two values, for example TRUE or FALSE. If the Drop-Delayed-Packet parameter is TRUE, in an embodiment, the network function drops packets if the packet delay is larger than the PDT. Otherwise, if the Drop-Delayed-Packet parameter is FALSE, in an embodiment, the wireless system delivers packets if the packet delay is larger than the PDT, ¶ [0116], the presence of the Drop-Delayed-Packet parameter may indicate that the UP entities such as the UE, and/or (R)AN and/or the UPF may drop the packets when the packet delay is larger than the PDT of this network function. ¶ [0140]).
Dao does not explicitly teach the transmission failure information being used for indicating that the advanced interactive data packet fails to be transmitted to the application server.
However, Dao teaches the system includes one or more application server (¶ [0012], the present invention may provide a solution in which the Application Function (AF), which represents the control function of the application server, sends an AF request to instruct the wireless network how to handle the packets. ¶ [0062], ¶ [0063], ¶ [0124], ¶ [0224], The SMF 310 may receive a report from the UPF 304 (this report message is not shown in FIG. 9) to report that the UPF 304 detects uplink or downlink PDUs that could be subject to being dropped (or discarded), ¶ [0246], ¶ [0283], ¶ [0287], ¶ [0342], ¶ [0372]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to transmit the transmission failure information being used for indicating that the advanced interactive data packet fails to be transmitted to the application server in the system of Dao to further improve industrial applicability.
Dao does not explicitly teach identifying, according to a first indication information and a second indication information in an advanced interactive data packet, that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet, and the data packets from a start to and end all belong to the sub-data packets obtained by splitting the advanced interactive data packet; detecting a transmitting condition of the data packet during transmitting the sub-data packet to a subordinate node, transmitting transmission failure information to an application server of the advanced interactive data packet in association with detecting that all the sub-data packets are not completely received within a set time length and instructing to stop transmitting remaining sub-data packets of the same advanced interactive data packet in response to detecting that the data packet fails to be transmitted to the subordinate node and instructing to stop transmitting remaining sub-data packets of the same advanced interactive data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to a subordinate node; and
Dao further teaches transmitting feedback information to a superior node in association with data packets (¶ [0073]).
Oman teaches identifying, according to a first indication information and a second indication information in a data packet, that the data packet belongs to sub-data packets obtained by splitting the data packet (fig. 1, ¶ [0032], When an intermediate device receives an IP fragment (identifiable from the IP header), the router temporarily stores the fragment in the packet buffer memory and starts a clock. The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received); and wherein: each sub-data packet is added with indication information being used for indicating that sub-data packet is a transmitted sub-data packet of the sub-data packets (fig. 1, ¶ [0032], When an intermediate device receives an IP fragment (identifiable from the IP header). The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received. ¶ [0034], a first fragment entering the packet memory), and the data packets from a start to an end all belong to the sub-data packets obtained by splitting the advanced interactive data packet (¶ [0032], When an intermediate device receives an IP fragment (identifiable from the IP header), the router temporarily stores the fragment in the packet buffer memory and starts a clock. The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received); detecting a transmitting condition of the data packet during transmission the sub-data packet to a subordinate node (¶ [0032], ¶ [0034], If the predetermined maximum period of time from a first fragment entering the packet memory has passed, a timeout occurs and all fragments belonging to that chain of fragments are dropped), stopping transmitting remaining sub-data packets of the same data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the next node (¶ [0032], ¶ [0033], Only if all fragments have been received does the router forwards the fragments. ¶ [0034]. ¶ [0035] The invention thereby enables all fragments of the original packet to be forwarded with correct priority and rate-limiting. It also avoids passing incomplete datagrams on through the system if one or more fragments has been lost).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to identify, according to an indication information, added to each sub-data packet, being used for indicating that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet; to detect a transmitting condition of the data packet during transmission the sub-data packet to a subordinate node; to transmit transmission failure information (feedback) to an application server of the advanced interactive data packet in association with detecting that all the sub-data packets are not completely received within a set time length, and to stop transmitting remaining sub-data packets of the same data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the subordinate node in the system of Dao to enable all sub-packets to be forwarded with correct priority and rate-limiting and to avoid passing incomplete packets if one or more sub-packets has been lost (¶ [0035] of Oman).
Dao in view of Oman does not explicitly teach wherein the sub-data packets comprise a start data packet an end data packet; the start data packet is added with the first indication information being used for indicating that the start data packet is a first transmitted sub-data packet of the sub-data packets and the end data packet comprises second indication information, the second indication information being used for indicating that the end data packet is the last transmitted sub-data packet of the sub-data packets.
However, Oman teaches the router temporarily stores the fragment in the packet buffer memory and starts a clock. The router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received or the clock reaches a predetermined maximum period of time from the first fragment entering the packet memory (¶ [0032] ).
Hwang teaches wherein the sub-data packets comprise a start data packet and an end data packet; the start data packet comprises first indication information, the first indication information being used for indicating that the start data packet is the first transmitted sub-data packet of the sub-data packets; and (figs. 35, 36, 40, ¶ [0492], The Start flag and the End flag are flags that represent a start and an end of packet, respectively, and 1 bit may be allocated to each flag. ¶ [0519], ¶ [0504]); the end data packet comprises second indication information, the second indication information being used for indicating that the end data packet is the last transmitted sub-data packet of the sub-data packets (figs. 35, 36, 40, ¶ [0492], The Start flag and the End flag are flags that represent a start and an end of packet, respectively, and 1 bit may be allocated to each flag. ¶ [0519], ¶ [0504]), the data packets from the start data packet to the end data packet all belong to the sub-data packets obtained by splitting the advanced interactive data packet (figs. 35, 36, 40, ¶ [0492], ¶ [0504], packet may be transmitted by being fragmented into a start packet, an intermediate packet and an end packet).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, that in order for a node to determine/identify whether all fragments/sub-data packets, obtained by splitting the advanced interactive data packet, have been received, the fragments/sub-data packets have to include indication information (i.e., a start data packet with first indication, intermediate sub-packets with corresponding indication information, and an end data packet with second indication) in the system of Dao in view of Oman to utilize conventional techniques in the art of complying with maximum transmission unit requirements of the network and assisting the receiving node with re-assembling the sub-data packets (¶ [0494]-¶ [0497], ¶ [0517]-¶ [0521] of Hwang).
Regarding claims 2 and 15, Dao in view of Oman and Hwang teaches the data transmission method according to claim 1, further comprising: discarding received sub-data packets in response to detecting that the sub-data packets fail to be transmitted to the subordinate node (Dao: ¶ [0098], ¶ [0116]. Oman: ¶ [0032]-¶ [0034]).
Regarding claims 3 and 16, Dao in view of Oman and Hwang teaches the data transmission method according to claim 1, further comprising: transmitting feedback information to the superior node in response to detecting that the data packet fails to be transmitted to the subordinate node, the feedback information being used for instructing the superior node to stop transmitting the remaining sub-data packets (Dao: ¶ [0224], The SMF 310 may receive a report from the UPF 304 (this report message is not shown in FIG. 9) to report that the UPF 304 detects uplink or downlink PDUs that could be subject to being dropped (or discarded) or delivered if these packets are delayed longer than a certain value, ¶ [0226]-¶ [0228], ¶ [0287], ¶ [0073]).
Regarding claims 4 and 17, Dao in view of Oman and Hwang teaches the data transmission method according to claim 3. Dao further teaches transmitting feedback information to the superior node in association with data packets (¶ [0073]).
Dao does not explicitly teach wherein transmitting the feedback information to the superior node comprises: transmitting the feedback information to the superior node in response to not all the sub- data packets being completely received.
Oman teaches dropping stored sub-packets in response to not receiving all the sub- data packets being completely received within a predetermined time period (¶ [0034] )
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to transmit the feedback information to the superior node comprises: transmitting the feedback information to the superior node in response to not all the sub- data packets being completely received in the system of Dao in view of Oman to further enhance system efficiency and reliability.
Regarding claims 7 and 10, Dao in view of Oman teaches the data transmission method according to claim 1, stopping transmitting the sub-data packets to the subordinate node, and discarding received sub-data packets transmitted by the superior node (Dao: ¶ [0360], ¶ [0361]).
Dao does not explicitly teach stopping transmitting the sub-data packets to the subordinate node, and discarding the received sub-data packets in response to not all the sub-data packets being completely received after being transmitted by the superior node within a set time length.
However, Dao teaches discarding the received sub-data packets when end-to-end delay budget exceeds a threshold (Dao: ¶ [0360], ¶ [0361]).
Oman teaches stopping transmitting the sub-data packets to the next node, and discarding received sub-data packets in response to not all the sub-data packets being completely received after being transmitted by the superior node within a set time length (¶ [0034]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to stop transmitting the received sub-data packets in response to not all the sub-data packets being completely received after being transmitted by the superior node within a set time length in the system of Dao in view of Oman to enable all sub-packets to be forwarded with correct priority and rate-limiting and to avoid passing incomplete packets if one or more sub-packets has been lost (¶ [0035] of Oman).
Regarding claim 8, Dao in view of Oman and Hwang teaches the data transmission method according to claim 1, wherein the data transmission method is performed by a user plane function entity, the superior node comprises an application server, and the subordinate node comprises a next generation nodeB; or the data transmission method is performed by the next generation nodeB, the superior node comprises the user plane function entity, and the subordinate node comprises a user equipment (Dao: ¶ [0096], The (R)AN packet delay budget may comprise of packet delay budget of packet processing in (R)AN node ((R)AN PDB) and packet delay budget in the air interface between the (R)AN node and the UE. The CN PDB may comprise of PDB of packet processing delay in UPF (UPF PDB) and PDB of N3 and/or N9 interfaces. The segment packet delay budget can be assigned for each segment of the network. The total segment PDB of all segments is equal to the E2E PDB. ¶ [0097] The PHP may comprise of a NF packet delay budget (NF-PDB) parameter, which is the PDB for the NF between the time the NF receives the PDU and the time the NF sends out the PDU. The NF may be a (R)AN node or a UPF. The NF may also be a CP function, such as SMF and AMF, when the packet is sent in the CP in case the network is designed to carry packets in CP. For example, small and infrequent IoT packets may be sent between the (R)AN and AMF, and between AMF and SMF).
Regarding claim 11, Dao in view of Oman and Hwang teaches the data transmission method of claim 9.
Dao does not explicitly teach integrating all of the sub-data packets to obtain the data packet in response detecting all sub-data data packets are completely received.
Oman teaches integrating all of the sub-data packets to obtain the complete data packet (¶ [0032]-¶ [0035]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to integrate all of the sub-data packets to obtain the data packet in association with detecting all sub-data data packets are completely received to recover the complete advanced interactive data packet.
6. Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dao in view of Oman and Hwang as applied to claim 1 above, and further in view of Kim et al. (US 2019/0245951 A1, hereinafter “Kim”).
Regarding claims 6 and 19, Dao in view of Oman and Hwang teaches the data transmission method according to claim 1.
Dao does not explicitly teach identifying whether the data packet belongs to the sub-data packets according to the indication information contained in a protocol field of the data packet or contained in payload information of the data packet.
Kim teaches identifying whether the data packet belongs to the sub-data packets according to the indication information contained in a protocol field of the data packet or contained in payload information of the data packet (fig. 1, ¶ [0009], ¶ [0046]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to identify whether the data packet belongs to the sub-data packets according to the indication information contained in a protocol field of the data packet or contained in payload information of the data packet in the system of Dao in view of Oman and Hwang. The motivation for doing this is a matter of design choice.
Double Patenting
7. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
8. Claims 1-4, 6-10, 12-17, 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 11, 15 and 16 of U.S. Patent No.12,363,584 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claims 1, 9, 12-14 and 20, claim 1, 5, 6, or 11. 15, 16 of U.S. Patent No.12,363,584 B2 teaches a data transmission method, comprising: receiving a data packet transmitted by a superior node; identifying, according to a first indication information and a second indication information in an advanced interactive data packet, that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet, wherein the sub-data packets comprise a start data packet and an end data packet, and wherein: the start data packet is added with the first indication information being used for indicating that the start data packet is a first transmitted sub-data packet of the sub-data packets, the end data packet is added with the second indication information, the second indication information being used for indicating that the end data packet is a last transmitted sub-data packet of the sub-data packets, and the data packets from the start data packet to the end data packet all belong to the sub-data packets obtained by splitting the advanced interactive data packet; detecting a transmitting condition of the data packet during transmitting the sub-data packets to a subordinate node; and stopping transmitting remaining sub-data packets of the same advanced interactive data packet to the subordinate node in response to detecting that the packet fails to be transmitted to the subordinate node.
Claims 1, 9, 12-14 and 20 broaden the scope of claim 1, 5, 6 or 11, 15, 16 of U.S. Patent No.12,363,584 B2 by removing limitations.
Regarding claims 2 and 15, claim 2 of U.S. Patent No.12,363,584 B2 teaches discarding the received sub-data packets in response to detecting that the data packet fails to be transmitted to the subordinate node.
Regarding claims 3 and 16, claim 3 of U.S. Patent No.12,363,584 B2 teaches
transmitting feedback information to the superior node in response detecting that the packet fails to be transmitted to the subordinate node, the feedback information being used for instructing the superior node to stop transmitting the remaining sub-data packets.
Regarding claims 4 and 17, claim 4 of U.S. Patent No.12,363,584 B2 teaches wherein transmitting the feedback information to the superior node comprises: transmitting the feedback information to the superior node in in response to not all the sub- data packets being completely received.
Regarding claims 6 and 19, claim 6 of U.S. Patent No.12,363,584 B2 teaches
identifying whether the data packet belongs to the sub-data packets according to the indication information contained in a protocol field of the data packet or contained in payload information of the data packet.
Regarding claims 7 and 10, claim 7 of U.S. Patent No.12,363,584 B2 teaches
stopping transmitting the sub-data packets to the subordinate node, and discarding the received sub-data packets in response to not all the sub-data packets being completely received after being transmitted by the superior node within a set time length.
Regarding claim 8, claim 8 of U.S. Patent No.12,363,584 B2 teaches the data transmission method is performed by a user plane function entity, the superior node comprises an application server, and the subordinate node comprises a next generation nodeB; or the data transmission method is performed by the next generation nodeB, the superior node comprises the user plane function entity, and the subordinate node comprises a user equipment.
9. Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over 1, 5, 6 or 11, 15, 16 of U.S. Patent No.12,363,584 B2 in view of Hwang.
Regarding claim 11, claims 1, 5, 6 or 11, 15, 16 of U.S. Patent No.12,363,584 B2 teaches the data transmission method according to claim 9.
Claims 1, 5, 6 or 11, 15, 16 of U.S. Patent No.12,363,584 B2 do not explicitly teach integrating all of the sub-data packets to obtain the advanced interactive data packet in response to detecting that all sub-data packets are completely received.
Hwang teaches integrating all of the sub-data packets to obtain the complete data packet (¶ [0452], ¶ [0519], ¶ [0520] )
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to integrate all of the sub-data packets to obtain the data packet in response to detecting all sub-data data packets are completely received in the system of claims 1, 5, 6 or 11, 15, 16 of U.S. Patent No.12,363,584 B2 to recover the complete advanced interactive data packet.
10. Claims 1-4, 6, 8, 9, 12-17, 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 5, 7-11 and 13 of U.S. Patent No.12,219,515 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claims 1, 9, 12-14 and 20, claim 1 or 13, and 10 of U.S. Patent No.12,219,515 B2 teaches a data transmission method, comprising: receiving a data packet transmitted by a superior node; identifying, according to a first indication information and a second indication information in an advanced interactive data packet, that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet, wherein the sub-data packets comprise a start data packet and an end data packet, and wherein: the start data packet is added with the first indication information being used for indicating that the start data packet is a first transmitted sub-data packet of the sub-data packets, the end data packet is added with the second indication information, the second indication information being used for indicating that the end data packet is a last transmitted sub-data packet of the sub-data packets, and the data packets from the start data packet to the end data packet all belong to the sub-data packets obtained by splitting the advanced interactive data packet; detecting a transmitting condition of the data packet during transmitting the sub-data packets to a subordinate node; and stopping transmitting remaining sub-data packets of the same advanced interactive data packet to the subordinate node in response to detecting that the packet fails to be transmitted to the subordinate node.
Claims 1, 9, 12-14 and 20 broaden the scope of claim 1 or 13, and 10 of U.S. Patent No.12,219,515 B2 by removing limitations.
Regarding claims 2 and 15, claim 7 of U.S. Patent No.12,219,515 B2 teaches discarding the received sub-data packets in response to detecting that the data packet fails to be transmitted to the subordinate node.
Regarding claims 3 and 16, claim 8 of U.S. Patent No.12,219,515 B2 teaches
transmitting feedback information to the superior node in response to detecting that the data packet fails to be transmitted to the subordinate node, the feedback information being used for instructing the superior node to stop transmitting the remaining sub-data packets.
Regarding claims 4 and 17, claim 9 of U.S. Patent No.12,219,515 B2 teaches wherein transmitting the feedback information to the superior node comprises: transmitting the feedback information to the superior node in response to not all the sub- data packets being completely received.
Regarding claims 6 and 19, claim 11 of U.S. Patent No.12,219,515 B2 teaches identifying whether the data packet belongs to the sub-data packets according to the indication information contained in a protocol field of the data packet or contained in payload information of the data packet.
Regarding claim 8, claim 4 or 5 of U.S. Patent No.12,219,515 B2 teaches the data transmission method is performed by a user plane function entity, the superior node comprises an application server, and the subordinate node comprises a next generation nodeB; or the data transmission method is performed by the next generation nodeB, the superior node comprises the user plane function entity, and the subordinate node comprises a user equipment.
11. Claims 7 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 10, 13 of U.S. Patent No.12,219,515 B2 in view of claim 7 of U.S. Patent No.12,363,584 B2.
Regarding claims 7 and 10, claim 1 or 13, and 10 of U.S. Patent No.12,219,515 B2 teaches stopping transmitting the sub-data packets to the subordinate node.
Claims 1 or 13, and 10 of U.S. Patent No.12,219,515 B2 do not explicitly discarding the received sub-data packets in association with not all the sub-data packets being completely received after being transmitted by the superior node within a set time length.
Claim 7 of U.S. Patent No.12,363,584 B2 teaches discarding the received sub-data packets in association with all the sub-data packets not being completely received after being transmitted by the superior node within a set time length.
Thus, it would have been obvious to one of ordinary skill in the art to discard the received sub-data packets in association with not all the sub-data packets being completely received after being transmitted by the superior node within a set time length in the system of claim 1 or 13 and 10 of U.S. Patent No.12,219,515 B2.
12. Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 13, and 10 of U.S. Patent No.12,219,515 B2 in view of Hwang.
Regarding claim 11, claim 1 or 13, and 10 of U.S. Patent No.12,219,515 B2 teaches the data transmission method according to claim 9.
Claim 1 or 9 of U.S. Patent No.12,219,515 B2 does not explicitly teach integrating all of the sub-data packets to obtain the advanced interactive data packet in response to detecting that all sub-data packets are completely received.
Hwang teaches integrating all of the sub-data packets to obtain the complete data packet (¶ [0452], ¶ [0519], ¶ [0520]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to integrate all of the sub-data packets to obtain the data packet in response to detecting all sub-data data packets are completely received in the system of claim 1 or 9 of U.S. Patent No.12,219,515 B2 to recover the complete advanced interactive data packet.
13. Claims 1-4, 6-10, 12-17, 19 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8, 11 and 13 of copending Application No. 17/989,301 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 1, 9, 12-14 and 20, claims 1, 5 or 9, 13 of the copending application 17/989,301 teaches a data transmission method, comprising: receiving a data packet transmitted by a superior node; identifying, according to a first indication information and a second indication information in an advanced interactive data packet, that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet, wherein the sub-data packets comprise a start data packet and an end data packet, and wherein: the start data packet is added with the first indication information being used for indicating that the start data packet is a first transmitted sub-data packet of the sub-data packets, the end data packet is added with the second indication information, the second indication information being used for indicating that the end data packet is a last transmitted sub-data packet of the sub-data packets, and the data packets from the start data packet to the end data packet all belong to the sub-data packets obtained by splitting the advanced interactive data packet; detecting a transmitting condition of the data packet during transmitting the sub-data packets to a subordinate node; and stopping transmitting remaining sub-data packets of the same advanced interactive data packet to the subordinate node in response to detecting that the packet fails to be transmitted to the subordinate node.
Claims 1, 9, 12-14 and 20 broaden the scope of claim 1, 5 or 9, 13 of the copending application 17/989,301 by removing limitations.
Regarding claims 2 and 15, claim 2 of copending application 17/989,301 teaches discarding the received sub-data packets in response to detecting that the data packet fails to be transmitted to the subordinate node.
Regarding claims 3 and 16, claim 3 of copending application 17/989,301 teaches
transmitting feedback information to the superior node in response detecting that the packet fails to be transmitted to the subordinate node, the feedback information being used for instructing the superior node to stop transmitting the remaining sub-data packets.
Regarding claims 4 and 17, claim 4 of copending application 17/989,301 teaches wherein transmitting the feedback information to the superior node comprises: transmitting the feedback information to the superior node in in response to not all the sub- data packets being completely received.
Regarding claims 6 and 19, claim 6 of copending application 17/989,301 teaches
identifying whether the data packet belongs to the sub-data packets according to the indication information contained in a protocol field of the data packet or contained in payload information of the data packet.
Regarding claims 7 and 10, claim 7 of copending application 17/989,301 teaches
stopping transmitting the sub-data packets to the subordinate node, and discarding the received sub-data packets in response to not all the sub-data packets being completely received after being transmitted by the superior node within a set time length.
Regarding claim 8, claims 3 or 4 of copending application 17/989,301 teaches the data transmission method is performed by a user plane function entity, the superior node comprises an application server, and the subordinate node comprises a next generation nodeB; or the data transmission method is performed by the next generation nodeB, the superior node comprises the user plane function entity, and the subordinate node comprises a user equipment.
14. Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5 or 9, 13 of copending Application No. 17/989,301 in view of Hwang.
Regarding claim 11, claims 1, 5 or 9, 13 of copending Application No. 17/989,301 teaches the data transmission method according to claim 9.
Claims 1, 5 or 9, 13 of copending application No. 17/989,301 do not explicitly teach integrating all of the sub-data packets to obtain the advanced interactive data packet in response to detecting that all sub-data packets are completely received.
Hwang teaches integrating all of the sub-data packets to obtain the complete data packet (¶ [0452], ¶ [0519], ¶ [0520] )
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to integrate all of the sub-data packets to obtain the data packet in response to detecting all sub-data data packets are completely received in the system of claim 1, 5 or 9, 13 of the copending Application No. 17/989,301 to recover the complete advanced interactive data packet.
Response to Arguments
15. Applicant's arguments filed on February 24, 2026 have been fully considered but they are not persuasive.
16. Applicant argues “…In other words, Hwang does not disclose (1) that the start data packet and the end data packet indicate the transmission order of sub-data packets, or (2) any membership relationship for a group of packets associated with a single advanced interactive data packet. Therefore, Hwang does not teach that identifying, according to a first indication information and a second indication information in an advanced interactive data packet, that the data packet belongs to sub-data packets obtained by splitting an advanced interactive data packet. Neither Dao nor any other cited reference teach this feature either…
In addition, Applicant respectfully submits that none of the cited references discloses this feature of "stopping transmitting remaining sub-data packets of the same advanced interactive data packet," as recited in claims 1, 9, and 14. The Office Action acknowledges that "Dao does not explicitly teach detecting according to an indication information in the data packet that the data packet belongs to sub-data packets obtained by splitting an advanced interactive data packet and stopping transmitting remaining sub-data packets of the same advanced interactive data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the subordinate node." See Office Action p. 4. However, the Office Action cited paragraphs [0032] - [0035] of Oman, stating that "[t]he router continues to store fragments belonging to the same chain of fragments (again, identified by the IP header) until either all fragments have been received or the clock reaches a predetermined maximum period of time from the first fragment entering the packet memory…In response, Applicant respectfully submits that Oman teaches that "[i]f the predetermined maximum period of time from a first fragment entering the packet memory has passed, a timeout occurs and all fragments belonging to that chain of fragments are dropped." Oman discloses either forwarding all sub-packets or not forwarding any sub-packet at all. Oman fails to explicitly teach stopping transmitting remaining sub-data packets of the same advanced interactive data packet if one data packet fails to be transmitted to the subordinate node. That said, Oman drops (not forwards) the whole packet, but there is no indication of a specific mechanism as recited in the claim 1, where the rest, instead of the whole, of the sub-packets of an interactive data packet is automatically stopped when a sub-packet fails (while some packet has been transmitted). Other references also fail to cure the deficiency of Dao and Oman.
Examiner respectfully submits that claim requires in part “detecting a transmitting condition of the data packet during transmitting the sub-data packets to a subordinate node; and stopping transmitting remaining sub-data packets of the same advanced interactive data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the subordinate node.”
In this case: Dao teaches detecting, according to an indication information, a transmitting condition of the (advanced interactive) data packets during transmitting the data packets to a subordinate/network node (or user equipment) (¶ [0048], ¶ [0081], ¶ [0082], [0095], ¶ [0096], ¶ [0097], ¶ [0098], PHP may comprise of a first indication, which may be called a Drop-Delayed-Packet (or PHP Rule) parameter, to indicate whether the network drops or delivers the packets when the packet delay exceeds the segment or E2E PDB. This parameter may be used for GBR, non-GBR, delay critical GBR QoS flows, or any types of traffic type. ¶ [0099]-¶ [0107], ¶ [0109], ¶ [0140], the SMF may instruct the UPF and/or (R)AN and/or UE, and/or CP functions (such as AMF, NEF) to perform one of the packet delay measurement methods describe earlier, ¶ [0218], ¶ [0224]); and stopping transmitting the remaining data packets to the subordinate node in response to detecting that the data packets fail to be transmitted to the subordinate node (¶ [0109], The Drop-Delayed-Packet parameter may have two values, for example TRUE or FALSE. If the Drop-Delayed-Packet parameter is TRUE, in an embodiment, the network function drops packets if the packet delay is larger than the PDT. Otherwise, if the Drop-Delayed-Packet parameter is FALSE, in an embodiment, the wireless system delivers packets if the packet delay is larger than the PDT, ¶ [0116], the presence of the Drop-Delayed-Packet parameter may indicate that the UP entities such as the UE, and/or (R)AN and/or the UPF may drop the packets when the packet delay is larger than the PDT of this network function. ¶ [0140]).
Oman teaches detecting a transmitting condition of the data packet during transmission the sub-data packet to a subordinate node (¶ [0032], ¶ [0034], If the predetermined maximum period of time from a first fragment entering the packet memory has passed, a timeout occurs and all fragments belonging to that chain of fragments are dropped. ¶ [0033], Only if all fragments have been received does the router forwards the fragments.), stopping transmitting remaining sub-data packets of the same data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the next node (¶ [0032], ¶ [0033], Only if all fragments have been received does the router forwards the fragments. ¶ [0034]. ¶ [0035] The invention thereby enables all fragments of the original packet to be forwarded with correct priority and rate-limiting. It also avoids passing incomplete datagrams on through the system if one or more fragments has been lost. In other words, if the data packet fails to be transmitted due to one or more missing fragments of the data packet, the router stops the transmission of the remaining (i.e., received) fragments)).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to identify, according to an indication information, added to each sub-data packet, being used for indicating that the data packet belongs to sub-data packets obtained by splitting the advanced interactive data packet; to detect a transmitting condition of the data packet during transmission the sub-data packet to a subordinate node and to stop transmitting remaining sub-data packets of the same data packet to the subordinate node in response to detecting that the data packet fails to be transmitted to the subordinate node in the system of Dao to enable all sub-packets to be forwarded with correct priority and rate-limiting and to avoid passing incomplete packets if one or more sub-packets has been lost (¶ [0035] of Oman).
Hwang teaches wherein the sub-data packets comprise a start data packet and an end data packet; the start data packet comprises first indication information, the first indication information being used for indicating that the start data packet is the first transmitted sub-data packet of the sub-data packets; and the end data packet comprises second indication information, the second indication information being used for indicating that the end data packet is the last transmitted sub-data packet of the sub-data packets (figs. 35, 36, 40, ¶ [0492], The Start flag and the End flag are flags that represent a start and an end of packet, respectively, and 1 bit may be allocated to each flag. ¶ [0519], ¶ [0504]); the data packets from the start data packet to the end data packet all belong to the sub-data packets obtained by splitting the advanced interactive data packet (figs. 35, 36, 40, ¶ [0492], ¶ [0504], packet may be transmitted by being fragmented into a start packet, an intermediate packet and an end packet).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, that in order for a node to determine/identify whether all fragments/sub-data packets, obtained by splitting the advanced interactive data packet, have been received, the fragments/sub-data packets have to include indication information (i.e., a start data packet with first indication, intermediate sub-packets with corresponding indication information, and an end data packet with second indication) in the system of Dao in view of Oman to utilize conventional techniques in the art of complying with maximum transmission unit requirements of the network and assisting the receiving node with re-assembling the sub-data packets (¶ [0494]-¶ [0497], ¶ [0517]-¶ [0521] of Hwang).
Therefore, Dao in view of Oman and Hwang render obvious the amended claims, as set forth above.
Conclusion
17. THIS ACTION IS MADE FINAL. 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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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
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