DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/23/2026 has been entered.
Response to Arguments
Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive. Applicant argues throughout the remarks that the combination of WO and Chang does not disclose the amended limitations.
The Examiner respectfully disagrees. The amended limitation requires “receiving no response to the RBR query from the network device within a response timeout period after transmitting the RBR query”. The claim limitations were given a broad and reasonable interpretation. Chang clearly discloses that a UE is waiting to receive a recommended bit rate from the base station. Chang discloses that recommended bit rates are provided by base stations based on received RBRs (0016). Thus, Chang clearly discloses no response received within a timeout period, which is the period denoted by a timer started at the UE (0016). Chang discloses that a RBR query has been transmitted and the UE will not transmit another RBR query because it waiting for the recommended bitrate from the base station (0016, 0033, the first timer is activated or restarted whenever the UE device 106 transmits a bitrate query). It is clear that a response for the query is not received within the prohibit timer, and another query can be transmitted (0016, 0033).
Thus, all claimed and argued limitations have been met. See rejection below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 5, 7, 10, 11, 14, 16, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2024036531 A1 herein WO in view of US 20190373501 A1 herein Chang.
Claim 1, WO discloses A method of wireless communication by a first user equipment (UE), comprising:
receiving, from a second UE, a codec mode request (CMR) for a new bit rate (0061, sending a CMR);
transmitting, to a network device, a recommended bit rate (RBR) query in response to the new bit rate exceeding a current bit rate (0061, UE will send the CMR to an enodeB); and
communicating with the second UE using the new bit rate or the current bit rate (0061, sharing the newly recommended bitrate with a peer UE).
WO may not explicitly disclose receiving no response to the RBR query from the network device within a response timeout period after transmitting the RBR query; and communicating with the second UE using the current bit rate in response to receiving no response.
Chang discloses disclose receiving no response to the RBR query from the network device within a response timeout period after transmitting the RBR query (0005, 0031-0035, timers are triggered and prohibit transmission of a bitrate query until the timer stops or until a response is received, since a timer is restarted until a response is received, thus no response within a time period after transmission of a RBR query); and
communicating with the second UE using the current bit rate instead of a new bitrate in response to receiving no response (0034-0035, implementing the recommended bitrate sent by the base station, sending another bitrate query to the base station and waiting for a response to use a new bitrate, being lower than the GBR (the previous bitrate) until the timer expires). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify WO to include halting transmissions of queries and responses as taught by Chang so as to provide flexible and efficient codec modification and better utilization of the medium (0004).
Claim 2, WO discloses The method of claim 1, in which the communicating with the second UE comprises using the new bit rate in response to the network device recommending the new bit rate (0060-0061, recommended bitrate).
Claim 5, WO discloses The method of claim 1, in which transmitting the RBR query comprises transmitting the RBR query in response to a channel condition satisfying a threshold (0061, modifying bitrate based on poor conditions).
Claim 7, as analyzed with respect to the limitations as discussed in claim 1. WO discloses a method of wireless communication (0001, method) by a network device (Fig. 2: 130, network device; 0052; 0075, process between terminal and network device). Claim 7 also contains such that the originating UE uses the current bit rate instead of the new bit rate (intended result, however, since the originating UE is waiting for a bitrate recommendation that the guaranteed bitrate, the originating UE is using the current bitrate (GBR) instead of a new bitrate).
Claim 10, as analyzed with respect to the limitations as discussed in claim 1. WO discloses an apparatus for wireless communication by a first user equipment (UE) (Fig. 10: 1000, 0161, device can be a first terminal device), comprising: a memory (Fig. 10: 1020, 0161, memory); and at least one processor coupled to the memory (Fig. 10: 1010, coupled to memory 1020, the memory containing computer program 1030; 0165-0166, processor runs program in memory).
Claim 11, as analyzed with respect to the limitations as discussed in claim 2.
Claim 14, as analyzed with respect to the limitations as discussed in claim 5.
Claim 16, as analyzed with respect to the limitations as discussed in claim 1.
WO discloses an apparatus for wireless communication by a first user equipment (UE) (Fig. 10: 1000, 0161, device can be a first terminal device). WO discloses the various means to perform the functions as claimed (Fig. 10: 1010, coupled to memory 1020, the memory containing computer program 1030; 0165-0166, processor runs program in memory).
Claim 17, as analyzed with respect to the limitations as discussed in claim 2.
Claim 20, as analyzed with respect to the limitations as discussed in claim 5.
Claim(s) 4, 6, 13, 15, 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO in view of Chang in view of US 20210329523 A1 herein Ranjan.
Claim 4, WO discloses The method of claim 1. WO may not explicitly disclose in which transmitting the RBR query comprises transmitting the RBR query immediately when a prohibit timer (PT) timer expires, or if the PT timer has not expired then waiting for the PT timer to expire.
Ranjan discloses in which transmitting the RBR query comprises transmitting the RBR query immediately when a prohibit timer (PT) timer expires, or if the PT timer has not expired then waiting for the PT timer to expire (0047). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify WO to include timers as taught by so as to utilize better codec for communications with peer UEs.
Claim 6, WO discloses the method of claim 1. WO may not explicitly disclose in which transmitting the RBR query comprises transmitting in response to a quantity of received CMRs, with a same bit rate, exceeding a threshold quantity of requests within a period of time.
Ranjan discloses in which transmitting the RBR query comprises transmitting in response to a quantity of received CMRs, with a same bit rate, exceeding a threshold quantity of requests within a period of time (0064, timer ending before transmission of RBR query). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify WO to include timers as taught by so as to utilize better codec for communications with peer UEs.
Claim 13, as analyzed with respect to the limitations as discussed in claim 4.
Claim 15, as analyzed with respect to the limitations as discussed in claim 6.
Claim 19, as analyzed with respect to the limitations as discussed in claim 4.
Claim 21, as analyzed with respect to the limitations as discussed in claim 6.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190159071 A1 - Systems and methods for recommending a data rate on an uplink or downlink communication channel between the network node and a wireless device in a wireless communications system are provided. In one exemplary embodiment, a method performed by a wireless device (105, 200, 300, 400, 1100) for recommending a data rate on an uplink or downlink communication channel (107, 109) between the wireless device and a network node (101) in a wireless communications system (100) comprises determining (501, 1701) to request (113) that the network node recommend a data rate on the uplink or downlink communication channel for the wireless device. Further, the method includes generating a first information element (111) that indicates the request. Also, the first information element is sent via a protocol layer on the uplink communication channel.
Conclusion
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/Mehmood B. Khan/ Primary Examiner, Art Unit 2419