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 .
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.
Response to Request for Continued Examination
This action is responsive to a request for continued examination filed on 04 February 2025. Claims 1-20 are pending in the application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed towards “a computer-readable storage medium” which does not preclude transitory signals. It is known in the prior art that transitory signals are considered by those of ordinary skill in the art to be "storage devices" (For example see Stillwell, Jr. et al. (US 2010/0077179 A1) at Para [0059] "A machine-accessible/readable medium includes any mechanism that provides (i.e., stores and/or transmits) information in a form readable by a machine, such as a computer or electronic system. For example..." acoustical storage devices or any other form of propagated signal (e.g. carrier waves, infrared signals, digital signals) storage device; etc. For example, a machine may access a storage device through receiving a propagated signal, such as a carrier wave, from a medium capable of holding the information to be transmitted on the propagated signal" emphasis added). As such, the claims encompass non-statutory embodiments of transitory signals.
Applicant is advised to amend line 1 of claim 19 to recite, “A non-transitory computer-readable storage medium…”; and to amend line 1 of claim 20 to recite, “The non-transitory computer-readable storage medium…” to overcome this rejection.
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) 1-5, 10-14 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2022/0264469 A1) as evidenced by 3GPP TS 38.331 V16.3.1 (2021-01) Technical Specification; 3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Radio Resource Control (RRC) protocol specification (Release 16) in view of Zhu et al. (US 2017/0164349 A1), hereafter Zhu2.
Claim(s) 1-5, 10-14 and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhu et al. (US 2022/0264469 A1) as evidenced by 3GPP TS 38.331 V16.3.1 (2021-01) Technical Specification; 3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Radio Resource Control (RRC) protocol specification (Release 16).
Regarding claim 1, Zhu discloses a computer-implemented method (Fig. 3, [0048]-[0056]) comprising:
establishing, on a user equipment (UE), network slices in a fifth generation (5G) environment, the network slices corresponding to services requested by a user ([0010]-[0013] disclosing in a 5G system with network slicing, particular network slices such as default, eMBB, URLLC network slices and the like are implemented and when a UE is configured/activated or when it requests a particular application or service it can request connection to one or more of said network slices);
receiving, at the UE, an enquiry for capabilities from a node B; transmitting, by the UE, information associated with the capabilities to the node B (Zhu does not expressly disclose the UE capability exchange; however, these features are inherent in the field of endeavor (i.e., 5G and New Radio (NR) of Zhu [0010] as evidenced by TS 38.331, see pp. 167-168 Section 5.6.1 UE Capability Transfer and subsections, Figure 5.6.1.1-1).
Zhu does not expressly disclose the following; however, Zhu2 suggests capabilities on a per-slice basis with information associated with first capabilities transmitted for a first of the network slices and information associated with second capabilities transmitted for a second of the network slices, with the first capabilities and second capabilities differing from each other ([0078]-[0080] disclosing a UE that connects to different slices have different state machines for each slice that it connects to that supports functionality (i.e., capability) on a slice by slice basis rather than a device level basis and the RAN and the UE are configured to support different operating states with each operating state supporting a different UE functionality (i.e., capability). Accordingly, a UE that supports a per slice state machine can simultaneously operate in different states for each slice, See Fig. 2 AP/UE functionality parameter set 174).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Zhu with the per slice functionality/capabilities of the UE taught by Zhu 2 because this allows a first slice operating in the UE in an IDLE state to take advantage of an active state of a second slice operating in the UE without the first slice needing to transition out of the IDLE state ([0081]).
Regarding claim 2, Zhu as evidenced by TS 38.331 discloses the computer-implemented method of claim 1, further comprising:
altering, by the UE, the capabilities on a network slice of the network slices; and ([0021] disclosing “ [0045] disclosing “power savings requests or configuration adjustments may be made via additional RRC messages exchanged between UE device 110 and wireless station 125 (e.g., gNodeB 210)…UE Assistance Information is defined by the 3GPP in the standard for both LTE and 5G NR as a variety of information that may be optionally transmitted by UE devices to wireless stations to inform the wireless network regarding capabilities, requests, and other information relating to the operation or proposed operation of the UE device; [0058] disclosing, the UE requests power savings adjustments to be applied to the network slices to which the UE is actively connected; Fig. 4, 412, [0060]-[0061] disclosing the UE transmits a second power savings request signal 412 using, for example, the OverheatingAssistance IE which accommodates UE selection of any and all of capabilities such as a reduction in the maximum number of secondary component carriers; a reduction in the maximum bandwidth per frequency range for each of uplink and downlink; a reduction if the maximum number of MIMO layers per frequency range; reducing the maximum number of MIMO layers of each serving cell operating on each frequency range; [0069]-[0070]); and
transmitting, by the UE, a request to the node B to use the altered capabilities on the network slice without awaiting or requesting an enquiry from the node B ([0045] disclosing “UE Assistance Information is defined by the 3GPP in the standard for both LTE and 5G NR as a variety of information that may be optionally transmitted by UE devices to wireless stations to inform the wireless network regarding capabilities, requests, and other information relating to the operation or proposed operation of the UE device; Fig. 4, 412, [0060]-[0061] disclosing the UE transmits a second power savings request signal 412 using, for example, the OverheatingAssistance IE which accommodates UE selection of any and all of capabilities; while Zhu appears to support a prima facie case of anticipation; attention is drawn to TS 38.331, pp 182-191, Section 5.7.4 UE Assistance Information and subsections, specifically 5.7.4.2 second paragraph disclosing a UE capable of providing overheating assistance information may initiate the procedure).
Regarding claim 3, Zhu discloses the computer-implemented method of claim 1, further comprising:
determining, by the UE, that a battery charge meets a criterion (Fig. 5B, 565, [0069] disclosing determining the battery level is lower than a threshold at step 565); and
altering, by the UE, the capabilities on a network slice of the network slices (Fig. 5B, 570, [0069] disclosing responsive to the determination at step 565, transmitting the second power savings request message 41; [0045] disclosing “UE Assistance Information is defined by the 3GPP in the standard for both LTE and 5G NR as a variety of information that may be optionally transmitted by UE devices to wireless stations to inform the wireless network regarding capabilities, requests, and other information relating to the operation or proposed operation of the UE device; Fig. 4, 412, [0060]-[0061] disclosing the UE transmits a second power savings request signal 412 using, for example, the OverheatingAssistance IE which accommodates UE selection of any and all of capabilities) to reduce battery consumption (The broadest reasonable interpretation of this language is a feature of intended use and is not considered limiting to the claims; further, Zhu discloses the same intended use [0069] “The request indicates one or more connection configuration adjustments that may reduce UE power requirements”).
Regarding claim 4, Zhu discloses the computer-implemented method of claim 3, wherein altering, by the UE, the capabilities on the network slice to reduce battery consumption includes at least one of:
using a power class lower than a current power class on the network slice, using a modulation scheme lower than a current modulation scheme on the network slice, disabling antenna switching on the network slice, disabling multiple input multiple output (MIMO) in an uplink on the network slice, or disabling carrier aggregation on the network slice ([0061]).
Regarding claim 5, Zhu discloses the computer-implemented method of claim 3, wherein the battery charge meeting the criterion indicates the battery charge is equal to or lower than a threshold (Fig. 5, 565, [0069]).
Regarding claims 10-14, the claims are directed towards a user equipment (UE) comprising: a processor, a network interface, and a memory storing instructions executed by the processor to perform the method of claims 1-5. Accordingly, claims 10-14 are rejected on the grounds presented above for claims 1-5
Regarding claim 19-20, the claims are directed towards a computer-readable storage medium storing computer-readable instructions, that when executed by a processor, cause the processor to perform the method of claims 1-2. Accordingly, claim 19-20 are rejected on the grounds presented above for claims 1-2.
Claim(s) 6-7 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2022/0264469 A1) as evidenced by 3GPP TS 38.331 V16.3.1, in view of Zhu et al. (US 2017/0164349 A1), hereafter Zhu2, further in view of Park et al. (US 2020/0145986 A1).
Regarding claim 6, Zhu does not disclose the following; however, Park suggest the computer-implemented method of claim 1, further comprising:
altering, by the UE, capabilities on a network slice of the network slices in a preset time period ([0270]-[0275] disclosing similar techniques to Zhu using a battery voltage level to trigger transmission of UE assistance information to use a reduced capability; Further, Park discloses Fig. 12A, step 1210, [0237] transmitting a first message (UE assistance information) containing overheat assistance information; [0244]-[0246] disclosing if no overheat exists at expiration of a prohibit timer or a T1 timer (i.e., in a preset time), the UE transmits a message lacking the overheat assistance information to release the overheat condition, implicitly disclosing the limited capabilities are no longer used and the full capabilities are requested) to increase reliability of data packet transmission (the broadest reasonable interpretation of this language is the intended use. This is a feature does not limit the claim scope because one of ordinary skill in the art of cellular communication would understand that the features already recited in the claim operates to achieve the intended result “to increase reliability”).
Regarding claim 7, Zhu suggests the computer-implemented method of claim 6, wherein altering, by the UE, the capabilities on the network slice in the preset time period to increase the reliability of data packet transmission includes at least one of: using a bandwidth higher than a current bandwidth on the network slice, enabling multiple input multiple output (MIMO) in an uplink on the network slice, enabling carrier aggregation on the network slice, using a power class higher than a current power class on the network slice, using a modulation scheme higher than a current modulation scheme on the network slice, or enabling antenna switching on the network slice ([0045] disclosing “maximum aggregated bandwidth, maximum number of secondary component carriers, maximum number of MIMO layers; as opposed to, [0061] disclosing “a reduction in the maximum number of secondary component carriers; a reduction in the maximum bandwidth per frequency range for each of uplink and downlink; a reduction if the maximum number of MIMO layers per frequency range; reducing the maximum number of MIMO layers of each serving cell operating on each frequency range).
Regarding claim 15-16, the claims are directed towards the UE that performs the method of claims 6-7; accordingly, claims 15-16 are rejected on the grounds presented above for claims 6-7.
Claim(s) 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2022/0264469 A1) as evidenced by 3GPP TS 38.331 V16.3.1, in view of Zhu et al. (US 2017/0164349 A1), hereafter Zhu2, in view of Park et al. (US2020/0145986 A1) further in view of Hahn (US 2019/0239039 A1).
Regarding claim 8, Zhu does not disclose the following; however, Hahn discloses . The computer-implemented method of claim 6, wherein the network slice corresponds to a vehicle to anything (V2X) service ([0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Zhu to utilize the V2X slices of Hahn because the teaching is found in Zhu that network slicing is an improvement in the core network for providing new functionality ([0011]).
Regarding claim 17, the claim is directed towards the UE that performs the method of claim 8; accordingly, claim 17 is rejected on the grounds presented above for claim 8.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2022/0264469 A1) as evidenced by 3GPP TS 38.331 V16.3.1, in view of Zhu et al. (US 2017/0164349 A1), hereafter Zhu2, further in view of Lin et al. (US 2022/0353815 A1).
Regarding claim 9, Zhu discloses the computer-implemented method of claim 1, further comprising:
the UE requesting power savings adjustments, such as DRX configurations using the UE assistance Information message ([0058]); but, does not disclose the following.
However, Lin suggests receiving, from a network component of the 5G environment, a command to alter the capabilities on a network slice, causing the UE and one or more second UEs operating on the network slice to use altered capabilities on the network slice ([0099] disclosing the UE may send UE assistance information as in Zhu; [0100] disclosing the BS may configure the UEs participating in the same V2X application/service to have the same DRX configuration via system information; [0102] disclosing for groupcast communication, the network configures all group members to utilize the same or aligned SL DRX configuration to enable power saving for group-specific SL communication).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Zhu with the teaching in Lin because this enables power savings for group-specific sidelink communications ([0102]).
Regarding claim 18, Zhu discloses the UE of claim 10, wherein the actions further include:
the UE requesting power savings adjustments, such as DRX configurations using the UE assistance Information message ([0058]); but, does not disclose the following.
However, Lin suggests receiving, from a network component of the 5G environment, a command to alter the capabilities on a network slice of the network slices; and as a result of the command, using altered capabilities on the network slice, wherein the command is directed to the UE and one or more second UEs operating on the network slice ([0099] disclosing the UE may send UE assistance information as in Zhu; [0100] disclosing the BS may configure the UEs participating in the same V2X application/service to have the same DRX configuration via system information; [0102] disclosing for groupcast communication, the network configures all group members to utilize the same or aligned SL DRX configuration to enable power saving for group-specific SL communication).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Zhu with the teaching in Lin because this enables power savings for group-specific sidelink communications ([0102]).
Response to Arguments filed 09 September 2025
Claim Rejections - 35 USC § 112
Applicant’s amendments filed 09 September 2025 have effectively overcome the grounds of rejection under 35 U.S.C. § 112(b) presented in the Office action mailed on 12 June 2025; accordingly, said rejections are withdrawn.
Claim Rejections - 35 USC § 101
Applicant has not amended the claims as advised in the Office action mailed on 12 June 2025 to recite non-transitory embodiments in order to effectively overcome the rejections of claims 19 and 20 under 35 U.S.C § 101; accordingly, said claim rejections are maintained.
Claim Rejections - 35 USC § 102
Applicant’s arguments with respect to claim(s) 1, 10 and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JOSEPH A BEDNASH/ Primary Examiner, Art Unit 2461