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 Arguments
Applicant's arguments filed 12/03/2025 have been fully considered but they are not persuasive.
Applicant argued on page 9 of Remarks that the reference does not disclose that the core network device 15 send any information to the second base station 12.
Examiner disagrees. The reference teaches in col. 2, line 56 to col. 3, line 13: “The telecommunications network comprises a core network, a first base transceiver station and a second base transceiver station. The target user equipment receives data traffic from the core network in the form of data packets, the data traffic being related to a data connection established between the target user equipment and the telecommunications network. In case that the target user equipment camps on the telecommunications network using the first base transceiver station, the first base transceiver station comprises a first non-delivered packet data volume information, the first non-delivered packet data volume information being specific to the target user equipment and related to data packets to be sent to the target user equipment but unsuccessfully transmitted to the target user equipment. In case that the target user equipment camps on the telecommunications network using the second base transceiver station, the second base transceiver station comprises a second non-delivered packet data volume information, the second non-delivered packet data volume information being specific to the target user equipment and related to data packets to be sent to the target user equipment but unsuccessfully transmitted to the target user equipment. The reference also mentions in col. 13, lines 30-33: With regard to the first base transceiver station 11 this unsuccessfully transmitted down link user plane data volume is aggregated when determining the first non-delivered packet data volume information 21).
It is clear that the reference teaches the core network device sends information to the second base station, wherein the information indicates the data packet was unsuccessfully sent.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Neubacher (US 9,609,551 B2)).
Regarding claim 1, Neubacher teaches and shows a packet loss indication method,
comprising: receiving, by a core network device, first indication information from a first base
station, wherein the first indication information indicates that a first data packet was
unsuccessfully sent (see fig. 2 and col. 12, lines 24-27: a first non-delivered packet data volume
information 21 is transmitted—by means of a first message 201- from base station 11 to core
network 15), and that the first data packet was unsuccessfully sent comprises that the core network device unsuccessfully sent the first data packet to the first base station or the first base
station unsuccessfully sent the first data packet to a first terminal device (see col. 13, lines 30-
33: With regard to the first base transceiver station 11 this unsuccessfully transmitted down link
user plane data volume is aggregated when determining the first non-delivered packet data
volume information 21); and sending, by the core network device, second indication information
to a second base station, wherein the second indication information indicates that the first data
packet was unsuccessfully sent (see col. 2, line 56 to col. 3, line 13: “The telecommunications network comprises a core network, a first base transceiver station and a second base transceiver station. The target user equipment receives data traffic from the core network in the form of data packets, the data traffic being related to a data connection established between the target user equipment and the telecommunications network. In case that the target user equipment camps on the telecommunications network using the first base transceiver station, the first base transceiver station comprises a first non-delivered packet data volume information, the first non-delivered packet data volume information being specific to the target user equipment and related to data packets to be sent to the target user equipment but unsuccessfully transmitted to the target user equipment. In case that the target user equipment camps on the telecommunications network using the second base transceiver station, the second base transceiver station comprises a second non-delivered packet data volume information, the second non-delivered packet data volume information being specific to the target user equipment and related to data packets to be sent to the target user equipment but unsuccessfully transmitted to the target user equipment; And fig. 2 and col. 12, lines 24-27: Furthermore, the first non-delivered packet data volume information 21 is transmitted—by means of a second message 202—from core network 15 to the second base transceiver station 12).
Regarding claim 13, Neubacher teaches and shows a communication apparatus,
comprising: at least one processor; and a memory coupled to the at least one processor and configured to store instructions executable by the at least one processor to cause the
communication apparatus to: receive second indication information from a core network device,
wherein the second indication information indicates that a first data packet was unsuccessfully
sent (see fig. 2 and col. 12, lines 24-27: Furthermore, the first non-delivered packet data volume
information 21 is transmitted-by means of a second message 202—from core network 15 to the
second base transceiver station 12; a first non-delivered packet data volume information 21 is
transmitted—by means of a first message 201- from base station 11 to core network 15) , and
that the first data packet was unsuccessfully sent comprises that the core network device
unsuccessfully sent the first data packet to a first base station or the first base station
unsuccessfully sent the first data packet to a first terminal device (see (see col. 2, line 56 to col. 3, line 13: “The telecommunications network comprises a core network, a first base transceiver station and a second base transceiver station. The target user equipment receives data traffic from the core network in the form of data packets, the data traffic being related to a data connection established between the target user equipment and the telecommunications network. In case that the target user equipment camps on the telecommunications network using the first base transceiver station, the first base transceiver station comprises a first non-delivered packet data volume information, the first non-delivered packet data volume information being specific to the target user equipment and related to data packets to be sent to the target user equipment but unsuccessfully transmitted to the target user equipment. In case that the target user equipment camps on the telecommunications network using the second base transceiver station, the second base transceiver station comprises a second non-delivered packet data volume information, the second non-delivered packet data volume information being specific to the target user equipment and related to data packets to be sent to the target user equipment but unsuccessfully transmitted to the target user equipment; And fig. 2 and col. 12, lines 24-27: Furthermore, the first non-delivered packet data volume information 21 is transmitted—by means of a second message 202—from core network 15 to the second base transceiver station 12; and col. 13, lines 30-33: With regard to the first base transceiver station 11 this unsuccessfully transmitted down link user plane data volume is aggregated when determining the first non-delivered packet data volume
information 21).
Regarding claim 2, Neubacher also teaches wherein the second indication information
comprises at least one of: at least one serial number of at least one data packet, the at least one
data packet including the first data packet, a bearer identifier corresponding to the first data
packet, a quantity of the at least one data packet, or a quantity of consecutively or accumulatively
lost data packets before the first data packet (see col. 3, lines 1-22: non-delivered packet data
volume information being specific to the target user equipment and related to data packets to be
sent to the target user equipment but unsuccessfully transmitted to the target user equipment).
Regarding claims 3 and 14-15, Neubacher also teaches wherein the first indication
information comprises at least one of: at least one serial number of at least one data packet, the at
least one data packet including the first data packet, a bearer identifier corresponding to the first
data packet, a quantity of the at least one data packet, or a quantity of consecutively or
accumulatively lost data packets before the first data packet (see col. 5, lines 34-52: the non-
delivered packet data volume is detected. This can, e.g., either be provided by means of counting
data packets (and, in case of data packets of different size, also detecting the respective
aggregated size of non-delivered packet data volume), or by means of detecting and determining
the data volume of the non-delivered data packets. The determination of the non-delivered packet
data volume can be, e.g., provided on the basis of the data (received by the particular base
transceiver station where the target user equipment is camping on) to be forwarded to the target
user equipment via the air interface, i.e. the base transceiver station counts the arrived user plane
data volume for the target user equipment on the backhaul interface (S1 i/f), and the user plane
data volume successfully transmitted on the air interface towards the target user equipment).
Regarding claim 4, Neubacher also teaches and shows determining, by the core network
device in response to a second data packet sent by the second base station not being received
before a preset moment, that the second data packet was unsuccessfully sent (see col. 6, lines 54-
67: it is advantageously possible to avoid an involvement of the core network of the
telecommunications network for transmitting the first non-delivered packet data volume
information. Only for the final transmission of the second non-delivered packet data volume
information towards the core network (for charging purposes), an involvement of the core
network is necessary. Starting from initiating or establishing a data connection between the target
user equipment and the telecommunications network until the completion of the data connection
(after possibly various handover procedures and/or cell change procedures), an involvement of
the core network can be avoided and the respective first and second non-delivered packet data
volume information be transmitted from any of the involved base transceiver stations (“first base
transceiver station”) towards, respectively, the next base transceiver station (“second base
transceiver station”) via the target user equipment).
Regarding claim 16, Neubacher also teaches and shows determine, in response to a fifth
data packet sent by a second terminal device not being received before a preset moment, that the
fifth data packet was unsuccessfully sent (see fig. 2 and col. 12, lines 24-27: a first non-delivered
packet data volume information 21 is transmitted—by means of a first message 201- from base
station 11 to core network 15; col. 3, lines 1-22: non-delivered packet data volume information
being specific to the target user equipment and related to data packets to be sent to the target
user equipment but unsuccessfully transmitted to the target user equipment; col. 13, lines 30-
33: With regard to the first base transceiver station 11 this unsuccessfully transmitted down link
user plane data volume is aggregated when determining the first non-delivered packet data
volume information 21).
Allowable Subject Matter
Claims 5-8 and 17-18 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.
Claims 5-8 are objected as indicated in the previous office action.
Claims 9-12 are allowed.
Regarding independent claim 9, the claim has been amended to include the allowable subject matter of claims 5 and 8. Therefore, claim 9 is now allowable with the same reason set forth in the previous office action.
Claims 10-12 depend on claim 9. Therefore, they are allowable.
Conclusion
THIS ACTION IS MADE FINAL. 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 DAVID Q NGUYEN whose telephone number is (571)272-7844. The examiner can normally be reached Monday-Friday 7:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID Q NGUYEN/Primary Examiner, Art Unit 2643