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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 11, 2026 has been entered.
Response to Arguments
Applicant's arguments filed March 11, 2026 have been fully considered but they are not persuasive.
The Applicant amends independent claims 1, and 11 by adding the limitation of “wherein the wireless communication circuit refers to both of the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access to steer traffic by using the non-3GPP access” to overcome previous rejections. However, the Examiner studied again previously cited reference, Zhang (US 2023/0217310), and this reference still reads on the currently amended independent claims.
The Applicant argues on page 9 of Remarks that Zhang’s disclosure is focused on predicting a non-cellular network availability status, and referring to the predicted non-cellular network availability status for enabling one-way switch from a non-cellular network to a cellular network. Zhang’s disclosure, however, is silent on referring to both of the predicted non-cellular network availability status and the predicted cellular network availability status for enabling switch from a cellular network to a non-cellular network. The Examiner respectfully disagrees.
Firstly, Zhang’s disclosure is reproduced below for convenience.
[0021] Some examples of the method, apparatuses, and non-transitory computer-readable medium described herein may further include operations, features, means, or instructions for monitoring one or more second conditions pertaining to cellular communications between the UE and the cellular network while the UE may be operating in the dual networking mode and predicting an availability status of the cellular network based on at least one of the one or more second conditions, where communicating in accordance with the dual networking mode may be based on predicting the availability status of the cellular network.
[0027] Some examples of the method, apparatuses, and non-transitory computer-readable medium described herein may further include operations, features, means, or instructions for inputting the one or more first conditions, the one or more second conditions, or a combination thereof into one or more algorithms, where the one or more algorithms predicts the availability status of at least one of the cellular network, the non-cellular network, or both.
[0054] To improve ATSSS operation, a UE may be configured to perform techniques for predicting network availability of a cellular network, a non-cellular network, or both, and pre-emptively taking action so as to reduce latency and improve reliability for the UE. For example, a UE may monitor one or more parameters of the cellular network, such as throughput, degree of quality of service (QoS) satisfaction, channel quality, channel occupancy, etc. The UE may also monitor one or more parameters of the non-cellular network such as receive signal-to-interference-plus-noise ratio (SINR) measurements, etc. and in some cases may monitor one or more parameters of the UE such as the motion of the UE, positioning of the UE, whether the UE is connected to Bluetooth, etc. The UE may input the one or more parameters of the cellular network, the non-cellular network, the UE, or a combination thereof into an algorithm (e.g., a neural network) and the algorithm may predict availability of the networks. If the algorithm predicts that one of the networks may become unavailable (e.g., in the future), the UE may be configured to signal to one or both of the networks that the network is unavailable prior to the network actually becoming unavailable, which may prompt one or both of the networks to adjust the ATSSS mode (e.g., ATSSS steering mode) of the UE accordingly. In some cases, the UE may autonomously adjust the ATSSS mode of the UE based on the prediction.
The above paragraphs as described in Zhang clearly teaches or suggests that:
Monitor both cellular network and non-cellular network.
Predict the availability status of both cellular network and the non-cellular network.
The UE is configured to signal to one or both of the networks that the network is unavailable prior to the network actually becoming unavailable, which prompt one or both of the network to adjust the ATSSS mode. That is, to switch to and/or from either the cellular network or the non-cellular network.
Furthermore, step 1315 of Fig. 13 also solidifies the concept of switching from non-cellular to cellular network or vice versa by stating that the communication is in accordance with the dual networking mode using at least one of the cellular network, the non-cellular network, or a combination thereof based on the prediction. In other words, when the cellular network is predicted to be unavailable, then the switch to the non-cellular network is performed. When the non-cellular network is predicted to be unavailable, then the switch to the cellular network is performed.
Based on the above discussion, it should be clear to the Applicant that Zhang’s disclosure still reads on the amended claims 1 and 11.
With regards to amended claims 8, and 18, Salkintzis discloses in paragraph 0063 that the UE 201 determines that it should estimate a RTT over 3GPP access and over non-3GPP access in step 3 of Fig. 2A. Thus, this reads on the teaching of performing a computation of RTT locally at the UE because Salkintzis discloses that the UE estimates the RTT.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 9-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (hereinafter “Zhang”, US 2023/0217310).
Regarding claims 1 and 11, Zhang discloses a user equipment (UE) (i.e., a UE 115-a as shown in Fig. 2, or UE 605 as shown in Fig. 6) and a method comprising:
an access performance prediction circuit (i.e., a communications manager 620 includes availability prediction manager 630), arranged to predict performance of a 3rd generation partnership project (3GPP) access and performance of a non-3GPP access (i.e., the parameters that are associated with the cellular network and non-cellular network are used to predict the availability of the cellular network and the non-cellular network as described in paragraphs 0021, 0027, 0054, 0083, 0086, 0094-0095, 0200-0201 and Abstract, as shown in Fig. 7); and
a wireless communication circuit (i.e., a transmitter 615 or a receiver 610), arranged to take action in response to predicted performance of the 3GPP access and predicted performance of the non-3GPP access (i.e., the UE takes actions based on the predicted availability as described in paragraphs 0095 and 0100-0101),
wherein the wireless communication circuit refers to both of the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access to steer traffic by using the non-3GPP access (i.e., one or more algorithms predicts the availability status of at least one of the cellular network, the non-cellular network, or both. If the algorithm predicts that one of the networks may become unavailable (e.g., in the future), prompting one or both of the networks to adjust the ATSSS mode of the UE accordingly as described in paragraphs 0021, 0027 and 0054. Adjusting the ATSSS mode in which uplink/downlink traffic may be served by a cellular network, a non-cellular network, or both (via splitting) as described in paragraphs 0081 and 0084).
Regarding claims 2 and 12, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the access performance prediction circuit is arranged to obtain the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access through machine learning (i.e., using machine learning to predict availability as described in paragraph 0095).
Regarding claims 3 and 13, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the access performance prediction circuit comprises:
a radio-frequency (RF) feature extraction circuit, arranged to receive RF signal information of the 3GPP access and RF signal information of the non-3GPP access, and convert the RF signal information of the 3GPP access and the RF signal information of the non-3GPP access into feature metrics of the 3GPP access and the non-3GPP access (i.e., RF signature database as described in paragraphs 0097-0099);
an environment classification circuit, arranged to classify environments of the 3GPP access and the non-3GPP access according to the feature metrics of the 3GPP access and the non-3GPP access (i.e., training online/offline based on the generic patterns/behaviors as described in paragraphs 0097-0099); and
an action circuit, arranged to obtain the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access according to a classification result of the environments of the 3GPP access and the non-3GPP access (i.e., outputting a prediction of network availability and reporting the change of network as described in paragraphs 0100);
wherein at least one of the RF feature extraction circuit and the environment classification circuit employs a neural-network (NN) model (i.e., the parameters are input into an algorithm (e.g., a neural-network) as described in paragraph 0054).
Regarding claims 4 and 14, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the environment classification circuit employs adaptive machine learning (i.e., neural networks, AI modules, machine-learning modules as described in paragraph 0095).
Regarding claims 5 and 15, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the RF feature extraction circuit employs a pre-trained NN model (i.e., neural networks, AI modules, machine-learning modules as described in paragraphs 0095 and 0097).
Regarding claims 6 and 16, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the environment classification circuit is further arranged to provide feedbacks to the RF feature extraction circuit for adaption to environmental changes (i.e., providing feedback as described in paragraphs 0097, 0100 and 0104).
Regarding claims 7 and 17, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the wireless communication circuit is further arranged to receive neural-network (NN) parameters transmitted from a network (i.e., the UE inputs parameters of the cellular network and non-cellular network into a neural network as described in paragraph 0054), and the access performance prediction circuit uses an NN model indicated by the NN parameters to obtain the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access (i.e., predicting the availability based on the algorithm as described in paragraphs 0054 and 0095).
Regarding claims 9 and 19, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the wireless communication circuit refers to the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access to deal with traffic steering across the 3GPP access and the non-3GPP access under a steering mode of access traffic steering, switching and splitting (ATSSS) (i.e., dealing with ATSSS as described in paragraphs 0004, 0053-0055, 0101 and in Abstract).
Regarding claims 10 and 20, Zhang discloses all limitations as recited within claims as described above. Zhang also discloses wherein the wireless communication circuit reports the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access to a network (i.e., reporting as described in paragraph 0100).
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.
Claim(s) 8, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Salkintzis et al. (hereinafter “Salkintzis”, US 2024/0334219).
Regarding claims 8 and 18, Zhang discloses all limitations as recited within claims as described above, but does not expressly disclose features of these claims.
In a similar endeavor, Salkintzis discloses round trip time determination based on analytics. Salkintzis also discloses wherein each of the predicted performance of the 3GPP access and the predicted performance of the non-3GPP access comprises at least one of predicted round-trip time (RTT), and predicted congestion (i.e., a predicted RTT for each access type and is derived by the NWDAF based on historical RTT measurement as described in paragraphs 0054-0059), and computation of the at least one of predicted RTT and predicted congestion is performed locally on the UE (i.e. the UE 201 determines that it should estimate a RTT over 3GPP access and over non-3GPP access in step 3 of Fig. 2A, and as described in paragraph 0063).
Therefore, it would have been obvious to one of ordinary skilled in the art to modify the teachings of the cited references, and arrive at the present invention.
The motivation/suggestion for doing so would have been to effectively estimate the performance of the networks.
Conclusion
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/Wayne H Cai/Primary Examiner, Art Unit 2644