DETAILED ACTION
1. It is hereby acknowledged that 18/076462 the following papers have been received and placed of record in the file: Amendment date 05/20/26
2. Claims 1-14 are presented for examination. Claims 1, 13 and 14 have been amended.
Response to Argument
3. Applicant’s arguments, see remarks, filed 05/20/26, with respect to the rejection(s) of claim(s) 1-14 upon further consideration, a new ground(s) of rejection is made.
Claim Rejections - 35 USC § 112
4. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
5. Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 13 and 14 states,… the first link layer protocol supporting an n-th (n is an integer) generation communication standard, the second link layer protocol supporting an m-th (m is a different integer from n) communication standard….
It is unclear where this limitation is supported in the specification.
The specification states By executing the M-th generation communication program 121, the CPU 110 constructs a terminal communicator and a terminal controller and performs M-th generation communication processing. The M-th generation communication processing is a process of executing communication conforming to the M-th generation communication standard. The M-th generation is, for example, 5G, B5G, 6G, and the like. The M-th generation is a different generation from the N-th generation. (see paragraph [0060], also paragraph [0053]) However does not seem to explain M or N as integers or different integers.
Claim Rejections - 35 USC § 103
6. 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) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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.
7. Claims 1, 2, 13 and 14 are rejected under 35 U.S.C. §103 as being unpatentable over Li et al (US 2015/0188681A1) in view of KR101885769B1 referred to as KR in further view of ER (CN116782340A) referred to as CN
Regarding claim 1, Li teaches a communication device comprising: a communicator configured to include a first wireless communication layer and a second wireless communication layer, with the second wireless communication layer having a first link layer protocol or a second link layer protocol, which is a radio link protocol, and perform radio communication with another communication device via the first wireless communication layer; (see Fig.6 Li paragraph [0091] the base station maintains one single PDCP Entity for a radio bearer allocated for the UE's one specific application with certain QoS requirements. This PDCP Entity is then associated with multiple sets of RLC Entities; one RAT has one set of RLC Entities. See paragraph [0094]….PDCP Entities in different base stations are identical (FIG. 7 shows the PDCP Entity of one base station), and are associated with a single radio bearer RB11. This PDCP is then associated with multiple sets of RLC Entities, one of which ("RAT1 RLC Entity") represents the RLC module within this base station, and the others of which--only one other in this example ("RAT2 RLC Entity")--are virtual ones that represent the corresponding RLC modules of other base stations.) and a controller configured to control communication in transmission and reception of data of the second wireless communication layer by performing control on the data in accordance with whether a radio link protocol of the second wireless communication layer corresponds to the first link layer protocol or the second link layer protocol so that the transmission and reception of the data is performed. (FIG. 7 shows the PDCP Entity of one base station), and are associated with a single radio bearer RB11. This PDCP is then associated with multiple sets of RLC Entities, one of which ("RAT1 RLC Entity") represents the RLC module within this base station, and the others of which--only one other in this example ("RAT2 RLC Entity")--are virtual ones that represent the corresponding RLC modules of other base stations. See paragraph [0096] explains thus, different RATs share a single PDCP Entity for the given radio bearer of a given UE. One of the main functions of PDCP is to convert the downlink application layer packets into PDCP protocol PDUs, and to assign a PDCP SN (sequence number) to each PDU. )
While it can be understood Li can explains first wireless communication layer, the first link layer protocol supporting an n-th generation communication standard, the second link layer protocol supporting to an m-th communication standard (m is different from n), either the first wireless communication layer or the second wireless communication layer is a physical layer; because it explains the use of physical layer as well as other RAT with different layers.(see paragraph [0099], [0103], [0110], [0111])
However KR is introduced and further explains… In one configuration, a device 1402/1402 'for wireless communication comprises means for receiving data transmitted from the network or transmitting data over the first communication link using the first RAT, Means for receiving a configuration message from a network indicating that data is to be served from the network or transmitted over the network via a second communication link using the RAT, Means for receiving data served from a network over a communication link, means for configuring at least one protocol layer to transmit data to the network, means for receiving data served from the network over a second communication link using a second RAT, Means for sending data to the physical layer, a physical layer acknowledgment for the configuration message, Means for initiating a timer upon transmission of a physical layer acknowledgment, means for waiting to receive at least one protocol layer status report up to the expiration of the timer, Means for clearing a buffer to store data received over a second communication link using a second RAT after configuring at least one protocol layer, means for clearing the buffer for storing data received over a second communication link using at least one protocol layer, At least one protocol layer status report identifies data received by the UE via a first RAT or a second RAT, a configuration acknowledgment message or other signaling message ….(see paragraphs [0240] and [0143])
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Li with KR. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to further improve communication with multiple access technologies and technologies standards (see paragraph [0004]).
Li does not explicitly disclose n-th (n is an integer) or m-th (m is a different integer form n)
However CN explains The integrated eNB 2 may, for example, configure N LTE cells and M new 5 G cells in the 5 G UE 1 as serving cells. Here, N and M are each an integer of 2 or more. In this case, the integrated eNB 2 may select n LTE cells and m new 5G cells as specific cells allowing for transmission of UL radio bearer data. Here, n is a positive integer less than N, and m is a positive integer less than M. page 13 paragraph [0005]
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Li with CN. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to further improve communication with multiple access technologies and technologies standards (see page 4 paragraphs [0003]- [0009]).
Regarding claim 2, Li taught the communication device according to claim 1, as described above. Li further teaches wherein when the second wireless communication layer does not support the first link layer protocol, in transmission and reception of data corresponding to the first link layer protocol from and to the other communication device, the controller adjusts a first parameter, which is a parameter of the first link layer protocol of the data, to a second parameter, which is a parameter of the second link layer protocol, in the control so that the data corresponds to the second link layer protocol, and passes the data to the second wireless communication layer.(see Li paragraph [0095] explains the use of rules/policy made on which RAT(s) should be used for next DL transmission….the policy can have parameters and thus based on rules/policy decision to specify or choose different RAT)
Regarding claim 13, Li teaches a communication device comprising: a communicator configured to include a first wireless communication layer and a second wireless communication layer, with the second wireless communication layer having a first link layer protocol or a second link layer protocol, which is a radio link protocol, and perform radio communication with another communication device via the first wireless communication layer; (see Fig.6 Li paragraph [0091] the base station maintains one single PDCP Entity for a radio bearer allocated for the UE's one specific application with certain QoS requirements. This PDCP Entity is then associated with multiple sets of RLC Entities; one RAT has one set of RLC Entities. See paragraph [0094]….PDCP Entities in different base stations are identical (FIG. 7 shows the PDCP Entity of one base station), and are associated with a single radio bearer RB11. This PDCP is then associated with multiple sets of RLC Entities, one of which ("RAT1 RLC Entity") represents the RLC module within this base station, and the others of which--only one other in this example ("RAT2 RLC Entity")--are virtual ones that represent the corresponding RLC modules of other base stations.) and a controller configured to control communication in transmission and reception of data of the second wireless communication layer by performing control on the data in accordance with a parameter of the first link layer protocol or the second link layer protocol that is received from the other communication device so that the transmission and reception of the data is performed. (FIG. 7 shows the PDCP Entity of one base station), and are associated with a single radio bearer RB11. This PDCP is then associated with multiple sets of RLC Entities, one of which ("RAT1 RLC Entity") represents the RLC module within this base station, and the others of which--only one other in this example ("RAT2 RLC Entity")--are virtual ones that represent the corresponding RLC modules of other base stations. See paragraph [0096] explains thus, different RATs share a single PDCP Entity for the given radio bearer of a given UE. One of the main functions of PDCP is to convert the downlink application layer packets into PDCP protocol PDUs, and to assign a PDCP SN (sequence number) to each PDU. )
While it can be understood Li can explains first wireless communication layer, the first link layer protocol supporting an n-th generation communication standard, the second link layer protocol supporting to an m-th communication standard (m is different from n), either the first wireless communication layer or the second wireless communication layer is a physical layer; because it explains the use of physical layer as well as other RAT with different layers.(see paragraph [0099], [0103], [0110], [0111])
However KR is introduced and further explains… In one configuration, a device 1402/1402 'for wireless communication comprises means for receiving data transmitted from the network or transmitting data over the first communication link using the first RAT, Means for receiving a configuration message from a network indicating that data is to be served from the network or transmitted over the network via a second communication link using the RAT, Means for receiving data served from a network over a communication link, means for configuring at least one protocol layer to transmit data to the network, means for receiving data served from the network over a second communication link using a second RAT, Means for sending data to the physical layer, a physical layer acknowledgment for the configuration message, Means for initiating a timer upon transmission of a physical layer acknowledgment, means for waiting to receive at least one protocol layer status report up to the expiration of the timer, Means for clearing a buffer to store data received over a second communication link using a second RAT after configuring at least one protocol layer, means for clearing the buffer for storing data received over a second communication link using at least one protocol layer, At least one protocol layer status report identifies data received by the UE via a first RAT or a second RAT, a configuration acknowledgment message or other signaling message ….(see paragraphs [0240] and [0143])
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Li with KR. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to further improve communication with multiple access technologies and technologies standards (see paragraph [0004]).
Li does not explicitly disclose n-th (n is an integer) or m-th (m is a different integer form n)
However CN explains The integrated eNB 2 may, for example, configure N LTE cells and M new 5 G cells in the 5 G UE 1 as serving cells. Here, N and M are each an integer of 2 or more. In this case, the integrated eNB 2 may select n LTE cells and m new 5G cells as specific cells allowing for transmission of UL radio bearer data. Here, n is a positive integer less than N, and m is a positive integer less than M. page 13 paragraph [0005]
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Li with CN. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to further improve communication with multiple access technologies and technologies standards (see page 4 paragraphs [0003]- [0009]).
Regarding claim 14, Li teaches a communication system comprising: a first communication device and a second communication device, wherein the first communication device configured to include a first wireless communication layer and a second wireless communication layer, with second wireless communication layer having a first link layer protocol, which is a radio link protocol, the second communication device configured to include the first wireless communication layer and the second wireless communication layer, (see Fig.6 Li paragraph [0091] the base station maintains one single PDCP Entity for a radio bearer allocated for the UE's one specific application with certain QoS requirements. This PDCP Entity is then associated with multiple sets of RLC Entities; one RAT has one set of RLC Entities. See paragraph [0094]….PDCP Entities in different base stations are identical (FIG. 7 shows the PDCP Entity of one base station), and are associated with a single radio bearer RB11. This PDCP is then associated with multiple sets of RLC Entities, one of which ("RAT1 RLC Entity") represents the RLC module within this base station, and the others of which--only one other in this example ("RAT2 RLC Entity")--are virtual ones that represent the corresponding RLC modules of other base stations.) with second wireless communication layer including a second link layer protocol, which is a radio link protocol, the second communication device configured to transmit, to the first communication device, data corresponding to the second link layer protocol, and the first communication device configured to perform radio communication with the second communication device via the first wireless communication layer, and in reception of data of the second wireless communication layer, when the first communication device receives, from the second communication device, data corresponding to the second link layer protocol, the first communication device performs control on the data so that the data corresponds to the first link layer protocol. (FIG. 7 shows the PDCP Entity of one base station), and are associated with a single radio bearer RB11. This PDCP is then associated with multiple sets of RLC Entities, one of which ("RAT1 RLC Entity") represents the RLC module within this base station, and the others of which--only one other in this example ("RAT2 RLC Entity")--are virtual ones that represent the corresponding RLC modules of other base stations. See paragraph [0096] explains thus, different RATs share a single PDCP Entity for the given radio bearer of a given UE. One of the main functions of PDCP is to convert the downlink application layer packets into PDCP protocol PDUs, and to assign a PDCP SN (sequence number) to each PDU. )
While it can be understood Li can explains first wireless communication layer, the first link layer protocol supporting an n-th generation communication standard, the second link layer protocol supporting to an m-th communication standard (m is different from n), either the first wireless communication layer or the second wireless communication layer is a physical layer; because it explains the use of physical layer as well as other RAT with different layers.(see paragraph [0099], [0103], [0110], [0111])
However KR is introduced and further explains… In one configuration, a device 1402/1402 'for wireless communication comprises means for receiving data transmitted from the network or transmitting data over the first communication link using the first RAT, Means for receiving a configuration message from a network indicating that data is to be served from the network or transmitted over the network via a second communication link using the RAT, Means for receiving data served from a network over a communication link, means for configuring at least one protocol layer to transmit data to the network, means for receiving data served from the network over a second communication link using a second RAT, Means for sending data to the physical layer, a physical layer acknowledgment for the configuration message, Means for initiating a timer upon transmission of a physical layer acknowledgment, means for waiting to receive at least one protocol layer status report up to the expiration of the timer, Means for clearing a buffer to store data received over a second communication link using a second RAT after configuring at least one protocol layer, means for clearing the buffer for storing data received over a second communication link using at least one protocol layer, At least one protocol layer status report identifies data received by the UE via a first RAT or a second RAT, a configuration acknowledgment message or other signaling message ….(see paragraphs [0240] and [0143])
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Li with KR. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to further improve communication with multiple access technologies and technologies standards (see paragraph [0004]).
Li does not explicitly disclose n-th (n is an integer) or m-th (m is a different integer form n)
However CN explains The integrated eNB 2 may, for example, configure N LTE cells and M new 5 G cells in the 5 G UE 1 as serving cells. Here, N and M are each an integer of 2 or more. In this case, the integrated eNB 2 may select n LTE cells and m new 5G cells as specific cells allowing for transmission of UL radio bearer data. Here, n is a positive integer less than N, and m is a positive integer less than M. page 13 paragraph [0005]
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Li with CN. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to further improve communication with multiple access technologies and technologies standards (see page 4 paragraphs [0003]- [0009]).
Claim Objections
8. Claims 3-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald Smarth whose telephone number is (571) 270-1923. The examiner can normally be reached on Monday-Thursday 6am-4:30pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on 571-272-7784. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GERALD A SMARTH/Primary Examiner, Art Unit 2478
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