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 .
Response to Amendment
The following is a final office action in response to applicant’s amendment filed on 03/13/2026 for response of the office action mailed on 01/20/2026. Claims 21, 28, 30, 35, 37-38 and 40 have been amended. Claims 21-40 are pending in this application.
Response to Arguments
Applicant’s arguments filed 03/13/2026 with respect to Claim(s) 21-40 have been fully considered but they are not persuasive.
First Argument(s): Nothing in Huang teaches, or even suggests, that packets using a same reference time are received at different times, or that a shared reference time is a receive time for one of the packets.
Response: Examiner has fully considered the Applicant’s arguments and respectfully disagrees. In Huang, on page 27, ¶5, it teaches the reference time at which the PDCP of the terminal device receives the data packet stored in the buffer can also be different, as shown in Figure 11 for data packet 25, data packet 26, data packet 27, data packet 28, and data packet 29 , Data packet 30, corresponding to reference time one; Data packet 31, data packet 32, data packet 33, data packet 34, and data packet 35, corresponding to reference time two … Or, the two parameters may respectively indicate "PDCP SN of the first data packet among multiple data packets sharing a reference moment" and "PDCP SN of the last data packet among multiple data packets sharing a reference moment. In other words, instead of assigning a unique, individual timestamp to each packet, groups of packets that are received by the PDCP around the same time are linked to a single “reference time”, and in this example, the reference time would be “reference time one” and “reference time two”. The parameters further identify the exact range of packets that belong too, or share a specific reference time. “Reference time one” and “reference time two” are specific examples of reception times the terminal devices receive the data packet(s), where these times are shared between multiple packets. This response applies to all independent and dependent claims.
Second Argument(s): However, nothing in Huang teaches, or even suggests using the reception time of a second data packet to determine the first receive window for a first data packet "wherein the second data packet arrives at the second communication apparatus separately from, and prior to, the first data packet being received at the second communication apparatus." Instead, Huang teaches that a reference time for a packet may be the reception time for that particular packet, or that the receive time may be used to determine the reference time based on a time range that the packet receive time falls within.
Response: Examiner has fully considered the Applicant’s arguments and respectfully disagrees. In Huang, page 27, ¶5, it teaches multiple data packets arriving at the PDCP of the terminal device, where the reference time is the time the terminal receives the data packet(s). Multiple data packets teach at least a first data packet and a second data packet. For example, data packets 25-30 arrive at the second communication apparatus (“terminal device”) separately, and prior to, data packets 31-35, which also are received at the second communication apparatus (“terminal device”), therefore Huang teaches "wherein the second data packet arrives at the second communication apparatus separately from, and prior to, the first data packet being received at the second communication apparatus." Lin, in combination with Huang (and further in combination with Tamura), teaches “the first receive window is determined based on a first moment at which a second data packet arrives at the second communication apparatus”. Huang teaches the arrival or reception of packets at the PDCP layer, where the packets are tied to a common grouping based on a specific reception time, whereas referencing Lin, Fig. 1 and ¶0015, ¶0017, Lin teaches determining a receive window from a packet arrival or reception moment. For example, the first moment is a time at which the data packet is received at the PDCP layer of the second device and the first target moment is a start moment of a period in which the first moment is located. Lin combines or links the idea of a packet’s arrival time at the PDCP layer to a defined period/window containing that moment of arrival (“period in which a first moment is located”). In combining Huang and Lin, a POSITA would understand that packets arriving at the PDCP layer are associated with shared timing periods/windows (Huang) and the relevant receive period/window is determined using the packet reception moment itself (Lin). Lin teaches that the receive period/window is derived from reception of the packet, while Huang teaches that PDCP packet receptions are organized according to shared reference times/windows associated with packet arrival timing. Therefore, the combination teaches “the first receive window is determined based on a first moment at which a second data packet arrives at the second communication apparatus”. To conclude, in response to applicant's arguments against the references individually, one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). This response applies to all independent and dependent claims.
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.
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.
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 non-obviousness.
Claims 21-23, 27-30, and 34-37 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (WO 2020147768), Huang hereinafter and Lin et al. (US 2020/0100200), Lin hereinafter, and further in view of Tamura et al. (US 2009/0129313), Tamura hereinafter.
Re. Claim 21, Huang teaches a method, performed by a first communication apparatus, the method comprising: (Page 3, ¶2 - The method may be executed by a terminal device);
receiving a first data packet from a second communication apparatus: (Page 2, ¶7 - the terminal device receives the data packet from the network device);
determining whether the first data packet is received at the first communication apparatus within a first receive window, (Fig. 10 & Page 21, ¶2 - The base station derives a time window according to the time when the data packet is sent and combined with the preset time window information. If the terminal device receives the data packet within the time window, or the base station sends the data packet to the terminal device within the time window, The terminal device considers the data packet as valid… Page 25, ¶2 - Optionally, if the batch of data packets delivered by PDCP to the upper layer contains holes (for example, data packet 28 and data packet 29 in Figure 10), in other words, if the batch of data packets delivered by PDCP to the upper layer contains discontinuous Or, if the data in a batch of data packets delivered by the PDCP to the upper layer is not all received, the PDCP indicates the hole information to the upper layer (i.e., an example of the information of the failed data packet. Please also see Page 25, ¶3-¶4);
wherein the second data packet arrives at the second communication apparatus separately from, and prior to, the first data packet being received at the second communication apparatus, (Fig. 11 & Page 27, ¶5 - … the reference time at which the PDCP of the terminal device receives the data packet stored in the buffer can also be different, as shown in Figure 11 for data packet 25, data packet 26, data packet 27, data packet 28, and data packet 29 , Data packet 30, corresponding to reference time one; Data packet 31, data packet 32, data packet 33, data packet 34, and data packet 35, corresponding to reference time two ... Or, the two parameters may respectively indicate "PDCP SN of the first data packet among multiple data packets sharing a reference moment" and "PDCP SN of the last data packet among multiple data packets sharing a reference moment". Examiner interprets the terminal device receives data packets 25-30 are received separately, and prior to, data packets 31-35);
and the first data packet and the second data packets are different data packets (Fig. 10-12 & Page 27, ¶5 - … the reference time at which the PDCP of the terminal device receives the data packet stored in the buffer can also be different, as shown in Figure 11 for data packet 25, data packet 26, data packet 27, data packet 28, and data packet 29 , Data packet 30, corresponding to reference time one; Data packet 31, data packet 32, data packet 33, data packet 34, and data packet 35, corresponding to reference time two ... Or, the two parameters may respectively indicate "PDCP SN of the first data packet among multiple data packets sharing a reference moment" and "PDCP SN of the last data packet among multiple data packets sharing a reference moment". Please also see Page 24, ¶8);
and delivering the first data packet to an application layer in response to a determination that the first data packet was received within the first receive window (Fig. 10-12 & Page 4, ¶4 - the terminal device can determine the time to process the data packet according to the time when the data packet is received and the preset time window information. Page 4, ¶11 - at the second moment, the access layer… or the adaptation layer of the terminal device sends a data packet to the application layer of the terminal device. Page 24, ¶8 - Use 25, 26, 27, 28, 29, 30 to represent data packet 25, data packet 26, data packet 27, data packet 28, data packet 29, and data packet 30. The serial number is only used for distinction. Different data packets do not limit the protection scope of the embodiments of this application. It can be seen from FIG. 10 that the terminal device has received the data packet 25, the data packet 26, the data packet 27, and the data packet 30. Please also see Page 27, ¶5);
Yet, Huang does not explicitly teach wherein the first receive window is determined based on a first moment at which a second data packet arrives at the second communication apparatus and a validity duration, wherein the validity duration is a validity time of the first data packet in a first cycle, and wherein the first data packet and the second data packet correspond to the first cycle;
However, in the analogous art, Lin explicitly teaches wherein the first receive window is determined based on a first moment at which a second data packet arrives at the second communication apparatus (Fig. 1 & ¶0015 - the first relative time information includes a first offset, and a first radio frame number and a first subframe number that are used when the data packet is received at the PDCP layer of the second device… ¶0017 - the first moment is a time at which the data packet is received at the PDCP layer of the second device, the first target moment is a start moment of a period in which the first moment is located, and duration of the period in which the first moment is located is preset duration);
and wherein the first data packet and the second data packet correspond to the first cycle; (Fig. 6A-B, 8 ¶0014 - The first frame information may be frame information used to carry the data packet when the data packet is received at the PDCP layer of the second device, for example, information such as a radio frame number… ¶0214 - the radio frame number cycles once every Tz, T1 is the first relative time information, and T2 is the second relative time information. When T2 and T1 meets T2 ≤ T1, the second target moment B is a start moment of an (N+1).sup.th period, or when T2 and T1 meets T2 > T1, the second target moment is a start moment of an N.sup.th period, where duration of the period is the preset duration, and the preset duration may be set based on an actual situation… Examiner interprets the duration of the period, or preset duration as the first cycle and the radio frame contains first and second packets);
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Lin to the teaching of Huang. The motivation would be because the invention describes a data packet sending method, a data packet receiving method, a device, and a system, to help improve accuracy of measurement of a transmission delay of a data packet in an NR system (¶0005, Lin).
Yet, Huang and Lin do not explicitly teach and a validity duration, wherein the validity duration is a validity time of the first data packet in a first cycle;
However, in the analogous art, Tamura explicitly discloses and a validity duration, wherein the validity duration is a validity time of the first data packet in a first cycle, (Fig. 3-6 & ¶0008 - a timer managing section that sets a maximum waiting time, which is a predetermined time from when the packet data is accumulated in the first accumulating section until the packet data is discarded… ¶0026 - Also, when a predetermined time has passed from the time the uplink packet data was stored, upon command from timer managing section 106, buffer 102 discards the uplink packet data stored therein, instead of to outputting the packet data to transmitting section 103. ¶0030 - timer managing section 106 has a frame discarding timer synchronized with a frame discarding timer of timer managing section 113 of RNC 122. Examiner interprets the duration of the frame discarding timer as the validity duration, where the validity time of the first data packet in a first cycle is equal to the maximum waiting time).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Tamura to the teachings of Huang and Lin. The motivation would be to suppress the amount of traffic by discarding packet data (0007, Tamura).
Re. Claims 22, 29 and 36, Huang and Lin and Tamura teach Claims 21, 28 and 35.
Yet, Huang does not explicitly teach a start moment of the first receive window is the first moment or a second moment, and a time difference between the second moment and the first moment is equal to a transmission delay of the first data packet in the first cycle.
However, in the analogous art, Lin explicitly teaches a start moment of the first receive window is the first moment or a second moment, (Fig. 1 & ¶0017 - the first target moment is a start moment of a period in which the first moment is located, and duration of the period in which the first moment is located is preset duration) and a time difference between the second moment and the first moment is equal to a transmission delay of the first data packet in the first cycle (Fig. 1 & ¶0007 - determines a transmission delay of the data packet between the second device and the first device based on the first time information and the second time information. Fig. 8 & ¶0215 - When both the first time information and the second time information are represented by using absolute time, the transmission delay of the data packet between the second device and the first device is: T = T2 − T1,).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Lin to the teachings of Huang and Tamura. The motivation would be because the invention describes a data packet sending method, a data packet receiving method, a device, and a system, to help improve accuracy of measurement of a transmission delay of a data packet in an NR system (¶0005, Lin).
Re. Claims 23, 30 and 37, Huang and Lin and Tamura teach Claims 21, 28 and 35.
Yet, Huang and Lin do not explicitly teach an end moment of the first receive window is a third moment, a fourth moment, or a fifth moment; and wherein a time difference between the third moment and the first moment is equal to the validity duration, a time difference between the fourth moment and the first moment is equal to a sum of the validity duration and a transmission delay of the first data packet in the first cycle, and a time difference between the fifth moment and the first moment is equal to a sum of the validity duration, the transmission delay of the first data packet in the first cycle, and a preset duration.
However, in the analogous art, Tamura explicitly discloses an end moment of the first receive window is a third moment, a fourth moment, or a fifth moment; (Fig. 4-6 & ¶0053 - When the frame discarding timer has expired) and wherein a time difference between the third moment and the first moment is equal to the validity duration (¶0030 - To be more specific, timer managing section 106 has a frame discarding timer synchronized with a frame discarding timer of timer managing section 113 of RNC 122), a time difference between the fourth moment and the first moment is equal to a sum of the validity duration and a transmission delay of the first data packet in the first cycle, (¶0046- Timer managing section 106 of Node B 121 sets the frame discarding timer inside buffer 102 using equation 1, based on the T1 and CFN which have been reported. Frame discarding timer = T1-2 x (transmission delay between RNC 122 and Node B 121) (Eq. 1). ¶0047 - Also, the transmission delay #210 between RNC 122 and Node B 121 can be determined using equation 2. Transmission delay between RNC 122 and Node B 121=(CFN of Node B 121 at the time the control frame is received)-CFN set in the control frame) (Equation 2) and a time difference between the fifth moment and the first moment is equal to a sum of the validity duration, the transmission delay of the first data packet/data packet in the first cycle, and a preset duration (¶0029 - Rate setting section 105 sets a predetermined transmission rate and transmission timing based on information about the transmission rate inputted from receiving section 104, and commands buffer 102 to output uplink packet data at the set transmission rate and transmission timing. ¶0008 - a timer managing section that sets a maximum waiting time, which is a predetermined time from when the packet data is accumulated in the first accumulating section until the packet data is discarded without being subjected to the protocol processing at the protocol processing section).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Tamura to the teachings of Huang and Lin. The motivation would be to suppress the amount of traffic by discarding packet data (0007, Tamura).
Re. Claim 28, Huang teaches a first communication apparatus, comprising: one or more processors; and a non-transitory memory having instructions stored thereon that when executed by the one or more processors, cause the first communication apparatus to, (Page 11, ¶1-¶4 – Please see “processor” and “memory”);
receive a first data packet corresponding to a first cycle from a second communication apparatus, (Page 2, ¶7 - the terminal device receives the data packet from the network device… Page 17, ¶11 - The specific time can be understood as the reference time of each data packet at the terminal device, or the reference time determined after the terminal device receives the data packet, or the reference time on which the time #2 corresponding to the data packet is determined. For example, cycle=2ms, reference time=December 5th, 2018, 06:34:12, 12ms. The application layer on the terminal device side can calculate the specific application layer execution time of each data packet according to the reference time);
determine whether the first data packet is received at the first communication apparatus within a first receive window, (Fig. 10 & Page 21, ¶2 - The base station derives a time window according to the time when the data packet is sent and combined with the preset time window information. If the terminal device receives the data packet within the time window, or the base station sends the data packet to the terminal device within the time window, The terminal device considers the data packet as valid… Page 25, ¶2 - Optionally, if the batch of data packets delivered by PDCP to the upper layer contains holes (for example, data packet 28 and data packet 29 in Figure 10), in other words, if the batch of data packets delivered by PDCP to the upper layer contains discontinuous Or, if the data in a batch of data packets delivered by the PDCP to the upper layer is not all received, the PDCP indicates the hole information to the upper layer (ie, an example of the information of the failed data packet. Please also see Page 25, ¶3-¶4);
wherein the second data packet arrives at the second communication apparatus separately from, and prior to, the first data packet being received at the second communication apparatus, (Fig. 11 & Page 27, ¶5 - … the reference time at which the PDCP of the terminal device receives the data packet stored in the buffer can also be different, as shown in Figure 11 for data packet 25, data packet 26, data packet 27, data packet 28, and data packet 29 , Data packet 30, corresponding to reference time one; Data packet 31, data packet 32, data packet 33, data packet 34, and data packet 35, corresponding to reference time two ... Or, the two parameters may respectively indicate "PDCP SN of the first data packet among multiple data packets sharing a reference moment" and "PDCP SN of the last data packet among multiple data packets sharing a reference moment". Examiner interprets the terminal device receives data packets 25-30 are received separately, and prior to, data packets 31-35);
and wherein the first data packet and the second data packets are different data packets; (Fig. 10-12 & Page 27, ¶5 - … the reference time at which the PDCP of the terminal device receives the data packet stored in the buffer can also be different, as shown in Figure 11 for data packet 25, data packet 26, data packet 27, data packet 28, and data packet 29 , Data packet 30, corresponding to reference time one; Data packet 31, data packet 32, data packet 33, data packet 34, and data packet 35, corresponding to reference time two ... Or, the two parameters may respectively indicate "PDCP SN of the first data packet among multiple data packets sharing a reference moment" and "PDCP SN of the last data packet among multiple data packets sharing a reference moment". Please also see Page 24, ¶8);
and deliver the first data packet to an application layer response to a determination that the first data packet was received (Fig. 10-12 & Page 4, ¶4 - the terminal device can determine the time to process the data packet according to the time when the data packet is received and the preset time window information. Page 4, ¶11 - at the second moment, the access layer… or the adaptation layer of the terminal device sends a data packet to the application layer of the terminal device. Page 24, ¶8 - Use 25, 26, 27, 28, 29, 30 to represent data packet 25, data packet 26, data packet 27, data packet 28, data packet 29, and data packet 30. The serial number is only used for distinction. Different data packets do not limit the protection scope of the embodiments of this application. It can be seen from FIG. 10 that the terminal device has received the data packet 25, the data packet 26, the data packet 27, and the data packet 30. Please also see Page 27, ¶5);
Yet, Huang does not explicitly teach wherein the first receive window is determined based on a first moment at which a second data packet corresponding to the first cycle arrives at the second communication apparatus and a validity duration, wherein the validity duration is a validity time of the first data packet in the first cycle;
However, in the analogous art, Lin explicitly teaches wherein the first receive window is determined based on a first moment at which a second data packet corresponding to the first cycle arrives at the second communication apparatus (Fig. 1 & ¶0015 - the first relative time information includes a first offset, and a first radio frame number and a first subframe number that are used when the data packet is received at the PDCP layer of the second device… ¶0017 - the first moment is a time at which the data packet is received at the PDCP layer of the second device, the first target moment is a start moment of a period in which the first moment is located, and duration of the period in which the first moment is located is preset duration);
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Lin to the teaching of Huang. The motivation would be because the invention describes a data packet sending method, a data packet receiving method, a device, and a system, to help improve accuracy of measurement of a transmission delay of a data packet in an NR system (¶0005, Lin).
Yet, Huang and Lin do not explicitly teach and a validity duration, wherein the validity duration is a validity time of the first data packet in the first cycle;
However, in the analogous art, Tamura explicitly discloses and a validity duration, wherein the validity duration is a validity time of the first data packet in the first cycle, (Fig. 3-6 & ¶0008 - a timer managing section that sets a maximum waiting time, which is a predetermined time from when the packet data is accumulated in the first accumulating section until the packet data is discarded… ¶0026 - Also, when a predetermined time has passed from the time the uplink packet data was stored, upon command from timer managing section 106, buffer 102 discards the uplink packet data stored therein, instead of to outputting the packet data to transmitting section 103. ¶0030 - timer managing section 106 has a frame discarding timer synchronized with a frame discarding timer of timer managing section 113 of RNC 122. Examiner interprets the duration of the frame discarding timer as the validity duration, where the validity time of the first data packet in a first cycle is equal to the maximum waiting time).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Tamura to the teachings of Huang and Lin. The motivation would be to suppress the amount of traffic by discarding packet data (0007, Tamura).
Re. Claim 35, Huang teaches a non-transitory computer readable medium storing instructions that are executable by a computer, wherein the non-transitory computer readable medium is applied to a first communication apparatus, and the instructions comprise instructions for: (Page 11, ¶1-¶4 – Please see “processor” and “memory”);
receiving a first data packet corresponding to a first cycle from a second communication apparatus; (Page 2, ¶7 - the terminal device receives the data packet from the network device… Page 17, ¶11 - . The specific time can be understood as the reference time of each data packet at the terminal device, or the reference time determined after the terminal device receives the data packet, or the reference time on which the time #2 corresponding to the data packet is determined. For example, cycle=2ms, reference time=December 5th, 2018, 06:34:12, 12ms. The application layer on the terminal device side can calculate the specific application layer execution time of each data packet according to the reference time);
determining whether the first data packet is received at the first communication apparatus within a first receive window, (Fig. 10 & Page 21, ¶2 - The base station derives a time window according to the time when the data packet is sent and combined with the preset time window information. If the terminal device receives the data packet within the time window, or the base station sends the data packet to the terminal device within the time window, The terminal device considers the data packet as valid… Page 25, ¶2 - Optionally, if the batch of data packets delivered by PDCP to the upper layer contains holes (for example, data packet 28 and data packet 29 in Figure 10), in other words, if the batch of data packets delivered by PDCP to the upper layer contains discontinuous Or, if the data in a batch of data packets delivered by the PDCP to the upper layer is not all received, the PDCP indicates the hole information to the upper layer (ie, an example of the information of the failed data packet. Please also see Page 25, ¶3-¶4);
wherein the second data packet arrives at the second communication apparatus separately from, and prior to, the first data packet being received at the second communication apparatus, (Fig. 11 & Page 27, ¶5 - … the reference time at which the PDCP of the terminal device receives the data packet stored in the buffer can also be different, as shown in Figure 11 for data packet 25, data packet 26, data packet 27, data packet 28, and data packet 29 , Data packet 30, corresponding to reference time one; Data packet 31, data packet 32, data packet 33, data packet 34, and data packet 35, corresponding to reference time two ... Or, the two parameters may respectively indicate "PDCP SN of the first data packet among multiple data packets sharing a reference moment" and "PDCP SN of the last data packet among multiple data packets sharing a reference moment". Examiner interprets the terminal device receives data packets 25-30 are received separately, and prior to, data packets 31-35);
and wherein the first data packet and the second data packet are different data packets; (Fig. 10-12 & Page 27, ¶5 - … the reference time at which the PDCP of the terminal device receives the data packet stored in the buffer can also be different, as shown in Figure 11 for data packet 25, data packet 26, data packet 27, data packet 28, and data packet 29 , Data packet 30, corresponding to reference time one; Data packet 31, data packet 32, data packet 33, data packet 34, and data packet 35, corresponding to reference time two ... Or, the two parameters may respectively indicate "PDCP SN of the first data packet among multiple data packets sharing a reference moment" and "PDCP SN of the last data packet among multiple data packets sharing a reference moment". Please also see Page 24, ¶8);
and delivering the first data packet to an application layer in response to a determination that the first data packet was received within the first receive window (Fig. 10-12 & Page 4, ¶4 - the terminal device can determine the time to process the data packet according to the time when the data packet is received and the preset time window information. Page 4, ¶11 - at the second moment, the access layer… or the adaptation layer of the terminal device sends a data packet to the application layer of the terminal device. Page 24, ¶8 - Use 25, 26, 27, 28, 29, 30 to represent data packet 25, data packet 26, data packet 27, data packet 28, data packet 29, and data packet 30. The serial number is only used for distinction. Different data packets do not limit the protection scope of the embodiments of this application. It can be seen from FIG. 10 that the terminal device has received the data packet 25, the data packet 26, the data packet 27, and the data packet 30. Please also see Page 27, ¶5);
Yet, Huang does not explicitly teach wherein the first receive window is determined based on a first moment at which a second data packet corresponding to the first cycle arrives at the second communication apparatus and validity duration, wherein the validity duration is a validity time of the first data packet in the first cycle;
However, in the analogous art, Lin explicitly teaches wherein the first receive window is determined based on a first moment at which a second data packet corresponding to the first cycle arrives at the second communication apparatus (Fig. 1 & ¶0015 - the first relative time information includes a first offset, and a first radio frame number and a first subframe number that are used when the data packet is received at the PDCP layer of the second device… ¶0017 - the first moment is a time at which the data packet is received at the PDCP layer of the second device, the first target moment is a start moment of a period in which the first moment is located, and duration of the period in which the first moment is located is preset duration);
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Lin to the teaching of Huang. The motivation would be because the invention describes a data packet sending method, a data packet receiving method, a device, and a system, to help improve accuracy of measurement of a transmission delay of a data packet in an NR system (¶0005, Lin).
Yet, Huang and Lin do not explicitly teach and validity duration, wherein the validity duration is a validity time of the first data packet in the first cycle;
However, in the analogous art, Tamura explicitly discloses and validity duration, wherein the validity duration is a validity time of the first data packet in the first cycle, (Fig. 3-6 & ¶0008 - a timer managing section that sets a maximum waiting time, which is a predetermined time from when the packet data is accumulated in the first accumulating section until the packet data is discarded… ¶0026 - Also, when a predetermined time has passed from the time the uplink packet data was stored, upon command from timer managing section 106, buffer 102 discards the uplink packet data stored therein, instead of to outputting the packet data to transmitting section 103. ¶0030 - timer managing section 106 has a frame discarding timer synchronized with a frame discarding timer of timer managing section 113 of RNC 122. Examiner interprets the duration of the frame discarding timer as the validity duration, where the validity time of the first data packet in a first cycle is equal to the maximum waiting time).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Tamura to the teachings of Huang and Lin. The motivation would be to suppress the amount of traffic by discarding packet data (0007, Tamura).
Claims 24, 31 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Lin and Tamura, and further in view of Zeng et al. (CN109756468A), Zeng hereinafter.
Re. Claim 24, Huang and Lin and Tamura teach Claim 21.
Yet, Huang and Lin and Tamura do not explicitly teach in response to the first data packet meeting a first condition, delivering the first data packet to the application layer within the first receive window; and in response to the first data packet not meeting the first condition, skipping delivering the first data packet to the application layer within the first receive window.
However, in the analogous art, Zeng explicitly discloses in response to the first data packet meeting a first condition, delivering the first data packet to the application layer within the first receive window; (Page 6, ¶9 - identification of the third protocol layer of a third protocol layer of the communication protocol stack of the data packets for authentication… after the verification is passed, the data packet down a protocol layer… Page 6, ¶10 - the SN value and the RLC layer of the data comprises the preset window range value to execute matching, when the data packet of the sequence number SN value is within the window range value of the RLC layer, determining the data packet verification passes, sending the data packet down a protocol layer… Page 2, ¶6 - after the last protocol layer authentication of the communication protocol stack, the data packet to the application delivery);
and in response to the first data packet not meeting the first condition, skipping delivering the first data packet to the application layer within the first receive window (Page 6, ¶9 - identification of the third protocol layer of a third protocol layer of the communication protocol stack of the data packets for authentication, verification fails, discard the data packet… Page 6, ¶10 - when the data packet of the sequence number SN value exceeds the window range of the preset value, the RLC layer discards the data packet).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Zeng to the teachings of Huang and Lin and Tamura. The motivation would be to reduce packet loss rate and improve user experience (¶0003, Zeng).
Re. Claim 31, Huang and Lan and Tamura teach Claim 28.
Yet, Huang and Lin and Tamura do not explicitly teach the instructions, when executed by the one or more processors, further cause the first communication apparatus to: in response to that the first data packet meeting a first condition, deliver the first data packet in the first cycle to the application layer within the first receive window; and in response to that the first data packet not meeting the first condition, skip delivering the first data packet to the application layer within the first receive window.
However, in the analogous art, Zeng explicitly discloses the instructions, when executed by the one or more processors, further cause the first communication apparatus to: in response to that the first data packet meeting a first condition, deliver the first data packet in the first cycle to the application layer within the first receive window (Page 6, ¶9 - identification of the third protocol layer of a third protocol layer of the communication protocol stack of the data packets for authentication… after the verification is passed, the data packet down a protocol layer… Page 6, ¶10 - the SN value and the RLC layer of the data comprises the preset window range value to execute matching, when the data packet of the sequence number SN value is within the window range value of the RLC layer, determining the data packet verification passes, sending the data packet down a protocol layer… Page 2, ¶6 - after the last protocol layer authentication of the communication protocol stack, the data packet to the application delivery);
and in response to that the first data packet not meeting the first condition, skip delivering the first data packet to the application layer within the first receive window (Page 6, ¶9 - identification of the third protocol layer of a third protocol layer of the communication protocol stack of the data packets for authentication, verification fails, discard the data packet… Page 6, ¶10 - when the data packet of the sequence number SN value exceeds the window range of the preset value, the RLC layer discards the data packet).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Zeng to the teachings of Huang and Lin and Tamura. The motivation would be to reduce packet loss rate and improve user experience (¶0003, Zeng).
Re. Claim 38, Huang and Lin and Tamura teach Claim 35.
Yet, Huang and Lin and Tamura do not explicitly teach the instructions further comprise instructions for: in response to that the first data packet in the first cycle meeting a first condition, delivering the first data packet in the first cycle to the application layer within the first receive window; and in response to that the first data packet in the first cycle not meeting the first condition, skipping delivering the data packet in the first cycle to the application layer within the first receive window.
However, in the analogous art, Zeng explicitly discloses the instructions further comprise instructions for: in response to that the first data packet in the first cycle meeting a first condition, delivering the first data packet in the first cycle to the application layer within the first receive window; (Page 6, ¶9 - identification of the third protocol layer of a third protocol layer of the communication protocol stack of the data packets for authentication… after the verification is passed, the data packet down a protocol layer… Page 6, ¶10 - the SN value and the RLC layer of the data comprises the preset window range value to execute matching, when the data packet of the sequence number SN value is within the window range value of the RLC layer, determining the data packet verification passes, sending the data packet down a protocol layer… Page 2, ¶6 - after the last protocol layer authentication of the communication protocol stack, the data packet to the application delivery);
and in response to that the first data packet in the first cycle not meeting the first condition, skipping delivering the data packet in the first cycle to the application layer within the first receive window (Page 6, ¶9 - identification of the third protocol layer of a third protocol layer of the communication protocol stack of the data packets for authentication, verification fails, discard the data packet… Page 6, ¶10 - when the data packet of the sequence number SN value exceeds the window range of the preset value, the RLC layer discards the data packet).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Zeng to the teachings of Huang and Lin and Tamura. The motivation would be to reduce packet loss rate and improve user experience (¶0003, Zeng).
Claims 26, 33 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Lin and Tamura and Zeng, and further in view of Karampatsis et al. (US 2020/0351409), Karampatsis hereinafter and Uchino et al. (US 2016/0249232), Uchino hereinafter.
Re. Claim 26, Huang and Lin and Tamura and Zeng teach Claim 24.
Yet, Huang and Lin and Tamura and Zeng do not explicitly teach in response to the first data packet not meeting the first condition, deleting the first data packet; and updating a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle.
However, in the analogous art, Karampatsis explicitly discloses in response to the first data packet not meeting the first condition, deleting the first data packet; (Fig. 8 & ¶0037 - the network unit 104 may initiate release of the protocol data unit session in response to a condition of the validity information not being satisfied. ¶0070 - The validity conditions may include: 1) an allowed (e.g., enabled) time interval (e.g., allowed time window); … and/or 3) a volume of data to be transferred per DNN, UE, and so forth).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Karampatsis to the teachings of Huang and Lin and Tamura and Zeng. The motivation would be to provide validity information conditions (Abstract, Karampatsis).
Yet, Huang and Lin and Tamura and Zeng and Karampatsis do not explicitly teach updating a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle.
However, in the analogous art, Uchino explicitly discloses updating a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle (Fig. 8, 9 & ¶0018 - a PDCP layer processing unit configured to determine for a PDCP (Packet Data Convergence Protocol) packet received from the base station whether a sequence number of the PDCP packet is within a reception window and perform a PDCP layer operation on the PDCP packet having the sequence number falling within the reception window; and a reception window updating determination unit configured to determine whether the packet received from the base station is a predefined updating trigger packet for causing the reception window to be updated and if the received packet is the updating trigger packet, cause the PDCP layer processing unit to update the reception window. Fig. 8, 9 & ¶0046 - Upon determining that the received PDCP packet is the updating trigger packet, the reception window updating determination unit 130 instructs the PDCP layer processing unit 120 to retrieve the PDCP SN from the header part of the PDCP packet and update the reception window with the retrieved PDCP SN).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Uchino to the teachings of Huang and Lin and Tamura and Zeng and Karampatsis. The motivation would be preventing delay of updating the PDCP reception window in the user equipment due to packet discarding (¶0017, Uchino).
Re. Claim 33, Huang and Lin and Tamura and Zeng teach Claim 31.
Yet, Huang and Lin and Tamura and Zeng do not explicitly teach the instructions, when executed by the one or more processors, further cause the first communication apparatus to: in response to that the first data packet not meeting the first condition, delete the first data packet; and update a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle.
However, in the analogous art, Karampatsis explicitly discloses the instructions, when executed by the one or more processors, further cause the first communication apparatus to: in response to that the first data packet not meeting the first condition, delete the first data packet; (Fig. 8 & ¶0037 - the network unit 104 may initiate release of the protocol data unit session in response to a condition of the validity information not being satisfied. ¶0070 - The validity conditions may include: 1) an allowed (e.g., enabled) time interval (e.g., allowed time window); … and/or 3) a volume of data to be transferred per DNN, UE, and so forth);
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Karampatsis to the teachings of Huang and Lin and Tamura and Zeng. The motivation would be to provide validity information conditions (Abstract, Karampatsis).
Yet, Huang and Lin and Tamura and Zeng and Karampatsis do not explicitly teach update a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle.
However, in the analogous art, Uchino explicitly discloses update a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle (Fig. 8, 9 & ¶0018 - a PDCP layer processing unit configured to determine for a PDCP (Packet Data Convergence Protocol) packet received from the base station whether a sequence number of the PDCP packet is within a reception window and perform a PDCP layer operation on the PDCP packet having the sequence number falling within the reception window; and a reception window updating determination unit configured to determine whether the packet received from the base station is a predefined updating trigger packet for causing the reception window to be updated and if the received packet is the updating trigger packet, cause the PDCP layer processing unit to update the reception window. Fig. 8, 9 & ¶0046 - Upon determining that the received PDCP packet is the updating trigger packet, the reception window updating determination unit 130 instructs the PDCP layer processing unit 120 to retrieve the PDCP SN from the header part of the PDCP packet and update the reception window with the retrieved PDCP SN).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Uchino to the teachings of Huang and Lin and Tamura and Zeng and Karampatsis. The motivation would be preventing delay of updating the PDCP reception window in the user equipment due to packet discarding (¶0017, Uchino).
Re. Claim 40, Huang and Lin and Tamura and Zeng teach Claim 38.
Yet, Huang and Lin and Tamura and Zeng do not explicitly teach the instructions further comprise instructions for: in response to the first data packet not meeting the first condition, deleting the first data packet in the first cycle; and updating a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle.
However, in the analogous art, Karampatsis explicitly discloses the instructions further comprise instructions for: in response to the first data packet not meeting the first condition, deleting the first data packet in the first cycle; (Fig. 8 & ¶0037 - the network unit 104 may initiate release of the protocol data unit session in response to a condition of the validity information not being satisfied. ¶0070 - The validity conditions may include: 1) an allowed (e.g., enabled) time interval (e.g., allowed time window); … and/or 3) a volume of data to be transferred per DNN, UE, and so forth);
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Karampatsis to the teachings of Huang and Lin and Tamura and Zeng. The motivation would be to provide validity information conditions (Abstract, Karampatsis).
Yet, Huang and Lin and Tamura and Zeng and Karampatsis do not explicitly teach and updating a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle.
However, in the analogous art, Uchino explicitly discloses and updating a start location of a packet data convergence protocol (PDCP) window to a PDCP sequence number of a data packet to be received in a next cycle of the first cycle (Fig. 8, 9 & ¶0018 - a PDCP layer processing unit configured to determine for a PDCP (Packet Data Convergence Protocol) packet received from the base station whether a sequence number of the PDCP packet is within a reception window and perform a PDCP layer operation on the PDCP packet having the sequence number falling within the reception window; and a reception window updating determination unit configured to determine whether the packet received from the base station is a predefined updating trigger packet for causing the reception window to be updated and if the received packet is the updating trigger packet, cause the PDCP layer processing unit to update the reception window. Fig. 8, 9 & ¶0046 - Upon determining that the received PDCP packet is the updating trigger packet, the reception window updating determination unit 130 instructs the PDCP layer processing unit 120 to retrieve the PDCP SN from the header part of the PDCP packet and update the reception window with the retrieved PDCP SN).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Uchino to the teachings of Huang and Lin and Tamura, Zeng and Karampatsis. The motivation would be preventing delay of updating the PDCP reception window in the user equipment due to packet discarding (¶0017, Uchino).
Claims 27 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Lin and Tamura, and further in view of Karampatsis hereinafter.
Re. Claims 27 and 34, Huang and Lin and Tamura teach Claims 21 and 28.
Huang further teaches each data packet corresponding to the first cycle comprises first indication information, and the method further comprises: (Page 17, ¶11 - For example, cycle=2ms, reference time=December 5th, 2018, 06:34:12, 12ms. The application layer on the terminal device side can calculate the specific application layer execution time of each data packet according to the reference time. Page 32, ¶7 - second indication information is used for Indicates the PDCP SN of the first data packet among multiple data packets corresponding to the reference time, and the number of data packets corresponding to the reference time);
and wherein the instructions, when executed by the one or more processors, further cause the first communication apparatus to: (Page 11, ¶1-¶4 – Please see “processor” and Page 11, ¶5 - “instruction information”);
in response to that the first indication information comprised in each data packet corresponding to the first cycle indicating the first receive window (Page 17, ¶4-¶7. Please also see Page 17, ¶1), delivering/deliver the data packets corresponding to the first cycle to the application layer within the first receive window; (Page 4, ¶3 - the terminal device can determine the time to process the data packet according to the time when the data packet is received and the preset time window information. Page 17, ¶9 - the terminal device determines time #2 according to the reference time and the time stamp. Page 24, ¶10 - If the reference time of the data packet has arrived, the data packet is delivered to the application layer);
Yet, Huang and Lin and Tamura do not explicitly teach and in response to that the first indication information comprised in at least one data packet corresponding to the first cycle not indicating the first receive window, skipping delivering the data packets corresponding to the first cycle to the application layer within the first receive window.
However, in the analogous art, Karampatsis explicitly teaches and in response to that the first indication information comprised in at least one data packet corresponding to the first cycle not indicating the first receive window (Fig. 8 & ¶0050 - In certain embodiments, it may not be clear once a UE has established a PDU session for BDT how the PDU session is used within… a specified time window), skipping/skip delivering the data packets corresponding to the first cycle to the application layer within the first receive window (¶0087 - If the BDT policy has a time window, the SMF 506 ensures 536 the PDU session is active within the time window of the validity condition. ¶0107 - In some embodiments, an SMF may send an indication about required and/or desired actions upon expiration of validity conditions. …the actions may include: … initiating a PDU session release procedure. ¶0111 - the method 800 includes initiating 804 release of the protocol data unit session in response to a condition of the validity information not being satisfied. Examiner interprets releasing the PDU session as skipping delivery).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to add the teaching of Karampatsis to the teachings of Huang and Lin and Tamura. The motivation would be to provide validity information conditions (Abstract, Karampatsis).
Allowable Subject Matter
Claims 25, 32 and 39 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.
The following is a statement of reasons for the indication of allowable subject matter: The Examiner has conducted a search of Patent and Non-Patent Literature and was unable to find any prior art which solely or in combination with another reference teaches the limitation(s) of:
Claim 25 - a quantity of data packets corresponding to the first cycle is equal to a first quantity, wherein the data packets corresponding to the first cycle comprise the first data packet, and wherein the first quantity is preconfigured, or the first quantity is indicated by the second communication apparatus, or the first quantity is obtained by the first communication apparatus from the application layer; or wherein a data volume of the data packets corresponding to the first cycle is equal to a first data volume, and wherein the first data volume is preconfigured, or the first data volume is indicated by the second communication apparatus, or the first data volume is obtained by the first communication apparatus from the application layer.
Claim 32 - a quantity of data packets corresponding to the first cycle is equal to a first quantity, wherein the data packets corresponding to the first cycle comprise the first data packet, and wherein the first quantity is preconfigured, or the first quantity is indicated by the second communication apparatus, or the first quantity is obtained by the first communication apparatus from the application layer; or a data volume of the data packets corresponding to the first cycle is equal to a first data volume, wherein the first data volume is preconfigured, or the first data volume is indicated by the second communication apparatus, or the first data volume is obtained by the first communication apparatus from the application layer.
Claim 39 - a quantity of data packets corresponding to the first cycle is equal to a first quantity, wherein the data packets corresponding to the first cycle comprise the first data packet, and wherein the first quantity is preconfigured, or the first quantity is indicated by the second communication apparatus, or the first quantity is obtained by the first communication apparatus from the application layer; or a data volume of the data packets corresponding to the first cycle is equal to a first data volume, wherein the first data volume is preconfigured, or the first data volume is indicated by the second communication apparatus, or the first data volume is obtained by the first communication apparatus from the application layer.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA WILLIAMS whose telephone number is (571)270-7673. The examiner can normally be reached Mon-Fri 8-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman Abaza can be reached on (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA WILLIAMS/Examiner, Art Unit 2465B
/AYMAN A ABAZA/Primary Examiner, Art Unit 2465
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