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 amendment filed November 7, 2025 has been accepted and entered. Accordingly, claims 1, 5, 9, 11, 14, 16 and 18-19 have been amended.
Claims 1-20 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 have been considered but are moot because the new ground of rejection relies on the references not applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9, 11-12, 14, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US20180376308A1, hereinafter Xiao) in view of Kousaridas et al. (US20230127601A1, hereinafter Kousaridas), and Ge et al. (US20210345237A1, hereinafter Ge).
For claim 1, Xiao discloses a wireless communication method comprising ([Para. 0151], the embodiments of the present disclosure provide a V2X service message sending method): selecting, by a first wireless communication terminal ([Para. 0158], a terminal device determines a communication path for a V2X service), a first wireless communication path or a second wireless communication path ([Para. 0158], a terminal device determines a communication path for a V2X service, where the communication path is selected from at least two communication paths, the at least two communication paths include a first communication path and a second communication path) for a service to communicate with a second wireless communication terminal ([Para. 0159], The terminal device sends a message of the V2X service by using the communication path. [Para. 0152], V2V communication may be performed between vehicle-user equipment V–UEs) according to a path status ([Para. 0183] the radio environment measurement information of each communication path reflects a status of the communication path. [Para. 0033], selecting, by the terminal device, the communication path from the at least two communication paths based on radio environment measurement information of the first communication path and radio environment measurement information of the second communication path); wherein the first wireless communication path is a direct communication path between the first wireless communication terminal and the second wireless communication terminal ([Para. 0158], a terminal device determines a communication path … the first communication path is a communication path on which communication is performed by using a PC5 interface), and the second wireless communication path is a communication path between the first wireless communication terminal and the second wireless communication terminal via a random access network and a corresponding core network ([Para. 0158], a terminal device determines a communication path … and the second communication path is a communication path on which communication is performed by using a Uu interface. [Para. 0159], The terminal device sends a message of the V2X service by using the communication path. [Para. 0152], V2V communication may be performed between vehicle-user equipment V–UEs. [FIG. 3], VUEs, base station, MMME and PGW);
Although teaching selecting a communication path from PC5 and Uu interfaces, Xiao does not explicitly disclose wherein the first wireless communication terminal is configured to select between the first wireless communication path and the second wireless communication terminal based on the first wireless communication path or the second wireless communication path being a preferred path for the service in a path selection policy, and wherein the first wireless communication terminal is configured to select, in response to having no knowledge about a first link quality of the first wireless communication path and a second link quality of the second wireless communication path, between the first wireless communication path and the second wireless communication path based on pre-configured information of the first wireless communication terminal.
Kousaridas is directed to providing dynamic update of path selection policy for user equipment in wireless communication network. More specifically, Kousaridas teaches wherein the first wireless communication terminal is configured to select between the first wireless communication path and the second wireless communication terminal based on the first wireless communication path or the second wireless communication path being a preferred path for the service in a path selection policy ([Para. 0061], a path selection policy for the UE may refer to a set of rules for determining an appropriate communication path to be used by the UE to support a required communication service. [Para. 0069] and [FIG. 3], The step S304 involves selecting, among the at least one other communication path, a second communication path to be used to support the communication service instead of the first communication path. [Para. 0085], before the step S304, network entity requests recommendations for selecting the second communication path. The recommendations may be based on at least one of path preferences for the required communication service. The path preferences may indicate a preferred communication path (e.g., the sidelink or Uu path). Possible path preferences may look as follows: [Para. 0086], only the sidelink path should be used; [Para. 0087], only the Uu path should be used; … or [Para. 0090], no preference: both the sidelink and Uu paths are equally preferred. [Para. 0091], network entity provides the updated path selection policy to the UE); and wherein the first wireless communication terminal is configured to select, in response to having no knowledge about a first link quality of the first wireless communication path and a second link quality of the second wireless communication path, between the first wireless communication path and the second wireless communication path based on pre-configured information of the first wireless communication terminal ([Para. 0069] in view of the triggering event, the path selection policy for the UE is updated, where the triggering event is based on data that are related to the first communication path and/or at least one other communication path available in the network, indicating that UE is configured to select a path based on the updated path selection policy. [Para. 0072, 0074] the updated path selection policy indicates a UE location area where the second communication path should be used).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Xiao, so that the terminal selects a communication path based on the preferred path in path selection policy, as taught by Kousaridas. The modification would have allowed a path selection policy for a UE to be updated dynamically in a wireless communication network (Kousaridas [Para. 0007]).
Although teaching selecting a communication path based on preferred path, Xiao and Kousaridas do not explicitly disclose wherein the first wireless communication terminal is configured to select a path having a better link quality between the first wireless communication path or the second wireless communication path based on there being no preferred path for the service in the path selection policy.
Ge is directed to providing communication method and communications apparatus. More specifically, Ge teaches wherein the first wireless communication terminal is configured to select a path having a better link quality between the first wireless communication path or the second wireless communication path based on there being no preferred path for the service in the path selection policy ([Para. 0160], the first terminal device determines, based on the communication quality reference information of the Uu interface and the communication quality information of the PC5 interface, a communication mode in which communication quality is better, as the communication mode used to send the target data to the second terminal device. [Para. 0112], a communication mode that is based only on a Uu interface may also be referred to as a Uu communication mode. A communication mode that is based only on a PC5 interface may also be referred to as a PC5 communication mode [Examiner’s Note: The fact that the selection is made based on the communication quality reference information indicates that there is no preferred path for the service in a path selection policy]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Xiao and Kousaridas, so that the terminal selects a communication path of better quality from the two interfaces, as taught by Ge. The modification would have allowed the system to improve data transmission reliability (Ge [Para. 0004]).
For claim 2, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further disclose the first wireless communication path is a communication path between the first wireless communication terminal and the second wireless communication terminal via a PCS interface (Xiao [Para. 0158], a terminal device determines a communication path … the first communication path is a communication path on which communication is performed by using a PC5 interface).
For claim 3, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further disclose the second wireless communication path is a communication path between the first wireless communication terminal and the second wireless communication terminal via a Uu interface (Xiao [Para. 0158], a terminal device determines a communication path … and the second communication path is a communication path on which communication is performed by using a Uu interface).
For claim 4, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further disclose the path status comprises at least one of: whether a first link via the first wireless communication path exists (Xiao [Para. 0012], receiving, by the terminal device, indication information from a network device, where the indication information is used to indicate the communication path for the V2X service. Xiao [Para. 0013, determining, by the terminal device, the communication path based on the indication information), or whether a second link via the second wireless communication path exists.
For claim 5, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further disclose wherein if either a first link via the first wireless communication path or a second link via the second wireless communication path is not existing, the path status comprises at least one of: the first link quality of the first wireless communication path, or the second link quality of the second wireless communication path (Xiao [Para. 0038], before the terminal device determines the communication path for the V2X service, the terminal device establishes the first communication path and the second communication path for the V2X service. Ge [Para. 0312] the first network device sends identifier information of the service 1 and the service 2 to the first terminal device. The identifier information is used to indicate that he communication quality of the Uu interface of the first terminal device does not meet the service requirement of the service 1 and the service requirement of the service 2. Ge [Para. 0330] The first terminal device establishes a PC5 interface connection to the second terminal device).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Xiao, and Kousaridas, so that the path status comprises at least one of a first link quality of the first wireless communication path or a second link quality of the second wireless communication path, as taught by Ge. The modification would have allowed the system to improve data transmission reliability (Ge [Para. 0004]).
For claim 6, Xiao, Kousaridas, Ge and Chen teach the method of claim 1. The references further disclose wherein the first wireless communication terminal is configured to use a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to the first link existing (Xiao [Para. 0038], before the terminal device determines the communication path for the V2X service, the terminal device establishes the first communication path and the second communication path for the V2X service. After the terminal device determines the communication path, if the determined communication path is the first communication path, the terminal device may send message by using the determined communication path).
For claim 7, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further disclose wherein the first wireless communication terminal is configured to use a second link via the second wireless communication path for the service to communicate with the second wireless communication terminal in response to the second link existing (Xiao [Para. 0038], before the terminal device determines the communication path for the V2X service, the terminal device establishes the first communication path and the second communication path for the V2X service. After the terminal device determines the communication path, if the determined communication path is the second communication path, the terminal device may send message by using the determined communication path).
For claim 9, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further teach wherein the first wireless communication terminal is configured to use the first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to a first link quality of the first wireless communication path being better than the second link quality of the second wireless communication path (Ge [Para. 0012], when the communication quality of the Uu interface is poor, the terminal device determines, based on the communication quality of PC5 interface and Uu interface, to transmit data in PC5 communication mode. Ge [Para. 0012], This way, the terminal device determines a more appropriate communication mode to better transmit the data. Ge [Para. 0112], a communication mode that is based only on a Uu interface may also be referred to as a Uu communication mode. A communication mode that is based only on a PC5 interface may also be referred to as a PC5 communication mode).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Xiao, and Kousaridas, so that the terminal selects a communication path of better quality from the two interfaces, as taught by Ge. The modification would have allowed the system to improve data transmission reliability (Ge [Para. 0004]).
For claim 11, Xiao discloses a first wireless communication terminal ([Para. 0151], the embodiments of the present disclosure provide a V2X service message sending apparatus), comprising: a communication unit ([FIG. 6], transceiver module 61); and a processor ([FIG. 6], processing module 60) configured to select a first wireless communication path or a second wireless communication path ([Para. 0158], a terminal device determines a communication path for a V2X service, where the communication path is selected from at least two communication paths, the at least two communication paths include a first communication path and a second communication path) for a service to communicate with a second wireless communication terminal ([Para. 0159], The terminal device sends a message of the V2X service by using the communication path. [Para. 0152], V2V communication may be performed between vehicle-user equipment V–UEs) according to a path status ([Para. 0183] the radio environment measurement information of each communication path reflects a status of the communication path. [Para. 0033], selecting, by the terminal device, the communication path from the at least two communication paths based on radio environment measurement information of the first communication path and radio environment measurement information of the second communication path), wherein the first wireless communication path is a direct communication path between the first wireless communication terminal and the second wireless communication terminal ([Para. 0158], a terminal device determines a communication path … the first communication path is a communication path on which communication is performed by using a PC5 interface), and the second wireless communication path is a communication path between the first wireless communication terminal and the second wireless communication terminal via a random access network and a corresponding core network ([Para. 0158], a terminal device determines a communication path … and the second communication path is a communication path on which communication is performed by using a Uu interface. [Para. 0159], The terminal device sends a message of the V2X service by using the communication path. [Para. 0152], V2V communication may be performed between vehicle-user equipment V–UEs. [FIG. 3], VUEs, base station, MMME and PGW).
Although teaching selecting a communication path from PC5 and Uu interfaces, Xiao does not explicitly disclose wherein the first wireless communication terminal is configured to select between the first wireless communication path and the second wireless communication terminal based on the first wireless communication path or the second wireless communication path being a preferred path for the service in a path selection policy, and wherein the first wireless communication terminal is configured to select, in response to having no knowledge about a first link quality of the first wireless communication path and a second link quality of the second wireless communication path, between the first wireless communication path and the second wireless communication path based on pre-configured information of the first wireless communication terminal.
Kousaridas is directed to providing dynamic update of path selection policy for user equipment in wireless communication network. More specifically, Kousaridas teaches wherein the first wireless communication terminal is configured to select between the first wireless communication path and the second wireless communication terminal based on the first wireless communication path or the second wireless communication path being a preferred path for the service in a path selection policy ([Para. 0061], a path selection policy for the UE may refer to a set of rules for determining an appropriate communication path to be used by the UE to support a required communication service. [Para. 0069] and [FIG. 3], The step S304 involves selecting, among the at least one other communication path, a second communication path to be used to support the communication service instead of the first communication path. [Para. 0085], before the step S304, network entity requests recommendations for selecting the second communication path. The recommendations may be based on at least one of path preferences for the required communication service. The path preferences may indicate a preferred communication path (e.g., the sidelink or Uu path). Possible path preferences may look as follows: [Para. 0086], only the sidelink path should be used; [Para. 0087], only the Uu path should be used; … or [Para. 0090], no preference: both the sidelink and Uu paths are equally preferred. [Para. 0091], network entity provides the updated path selection policy to the UE), and wherein the first wireless communication terminal is configured to select, in response to having no knowledge about a first link quality of the first wireless communication path and a second link quality of the second wireless communication path, between the first wireless communication path and the second wireless communication path based on pre-configured information of the first wireless communication terminal (([Para. 0069] in view of the triggering event, the path selection policy for the UE is updated, where the triggering event is based on data that are related to the first communication path and/or at least one other communication path available in the network, indicating that UE is configured to select a path based on the updated path selection policy. [Para. 0072, 0074] the updated path selection policy indicates a UE location area where the second communication path should be used).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Xiao, so that the terminal selects a communication path based on the preferred path in path selection policy, as taught by Kousaridas. The modification would have allowed a path selection policy for a UE to be updated dynamically in a wireless communication network (Kousaridas [Para. 0007]).
Although teaching selecting a communication path based on preferred path, Xiao and Kousaridas do not explicitly disclose wherein the first wireless communication terminal is configured to select a path having a better link quality between the first wireless communication path or the second wireless communication path based on there being no preferred path for the service in the path selection policy.
Ge is directed to providing communication method and communications apparatus. More specifically, Ge teaches wherein the first wireless communication terminal is configured to select a path having a better link quality between the first wireless communication path or the second wireless communication path based on there being no preferred path for the service in the path selection policy ([Para. 0160], the first terminal device determines, based on the communication quality reference information of the Uu interface and the communication quality information of the PC5 interface, a communication mode in which communication quality is better, as the communication mode used to send the target data to the second terminal device. [Para. 0112], a communication mode that is based only on a Uu interface may also be referred to as a Uu communication mode. A communication mode that is based only on a PC5 interface may also be referred to as a PC5 communication mode [Examiner’s Note: The fact that the selection is made based on the communication quality reference information indicates that there is no preferred path for the service in a path selection policy]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the terminal of Xiao and Kousaridas, so that the terminal selects a communication path of better quality from the two interfaces, as taught by Ge. The modification would have allowed the system to improve data transmission reliability (Ge [Para. 0004]).
For claim 12, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. The references further disclose the first wireless communication terminal is configured to use a second link via the second wireless communication path for the service to communicate with the second wireless communication terminal in response to the second link existing (Xiao [Para. 0038], before the terminal device determines the communication path for the V2X service, the terminal device establishes the first communication path and the second communication path for the V2X service. After the terminal device determines the communication path, if the determined communication path is the second communication path, the terminal device may send message by using the determined communication path).
For claim 14, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. The references further teach wherein the first wireless communication terminal is configured to use a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to the first link quality of the first wireless communication path being better than the second link quality of the second wireless communication path (Ge [Para. 0012], when the communication quality of the Uu interface is poor, the terminal device determines, based on the communication quality of PC5 interface and Uu interface, to transmit data in PC5 communication mode. Ge [Para. 0012], This way, the terminal device determines a more appropriate communication mode to better transmit the data. Ge [Para. 0112], a communication mode that is based only on a Uu interface may also be referred to as a Uu communication mode. A communication mode that is based only on a PC5 interface may also be referred to as a PC5 communication mode).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the terminal of Xiao, and Kousaridas, so that the terminal selects a communication path of better quality from the two interfaces, as taught by Ge. The modification would have allowed the system to improve data transmission reliability (Ge [Para. 0004]).
For claim 16, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. The references further teach wherein the first wireless communication terminal is configured to use a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to the first link quality of the first wireless communication path being better than the second link quality of the second wireless communication path (Ge [Para. 0012], when the communication quality of the PC5 interface is poor, the first terminal device may determine based on the communication quality information of the PC5 interface and the communication quality reference information of the Uu interface that are obtained, to transmit the target data in the Uu interface communication mode. Ge [Para. 0012], this way, the terminal device determines a more appropriate communication mode to better transmit the data. Ge [Para. 0112], a communication mode that is based only on a Uu interface may also be referred to as a Uu communication mode. A communication mode that is based only on a PC5 interface may also be referred to as a PC5 communication mode).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the terminal of Xiao, and Kousaridas, so that the terminal selects a communication path of better quality from the two interfaces, as taught by Ge. The modification would have allowed the system to improve data transmission reliability (Ge [Para. 0004]).
For claim 18, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. The references further disclose the first wireless communication terminal is configured to perform a link quality measurement for a PC5 interface to acquire the first link quality of the first wireless communication path (Xiao [Para. 0022], sending, by the terminal device, radio environment measurement information of the first communication path to the network device. [Para. 0183], the radio environment measurement information of each communication path reflects a status of the communication path).
For claim 19, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. The references further disclose the first wireless communication terminal is configured to perform a link quality measurement for a Uu interface to acquire the second link quality of the second wireless communication path (Xiao [Para. 0022] lines 1-4, sending, by the terminal device, radio environment measurement information of the second communication path to the network device. Xiao [Para. 0183], the radio environment measurement information of each communication path reflects a status of the communication path).
For claim 20, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. The references further teach wherein the path selection policy indicates that both of the first wireless communication path and the second wireless communication path are able to be selected for the service to communicate with the second wireless communication terminal (Kousaridas [Para. 0085], possible path preference may look as, [Para. 0090], no preference: both the sidelink and Uu paths are equally preferred).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the terminal of Xiao, and Ge, so that the path selection policy indicates no preference between the two paths, as taught by Kousaridas. The modification would have allowed the system to avoid adverse impact on the expected QoS and the whole network performance in a dynamically changing environment (Kousaridas [Para. 0005]).
Claims 8, 10, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US20180376308A1, hereinafter Xiao) in view of Kousaridas et al. (US20230127601A1, hereinafter Kousaridas), Ge et al. (US20210345237A1, hereinafter Ge), and further in view of Li et al. (US20220322202A1, hereinafter Li).
For claim 8, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further teach wherein selecting the first wireless communication path or the second wireless communication path for the service further comprises using a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the first wireless communication path is the preferred path for the service (Xiao [Para. 0158], a terminal device determines a communication path for a V2X service, where the communication path is selected from at least two communication paths, the at least two communication paths include a first communication path and a second communication path).
Although teaching selecting a communication path from PC5 and Uu interfaces, Xiao, Kousaridas, and Ge do not explicitly disclose wherein selecting the first wireless communication path or the second wireless communication path for the service further comprises using a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the first wireless communication path is the preferred path for the service.
Li is directed to providing path selection or path switching and charging for proximity service communication. More specifically, Li teaches wherein selecting the first wireless communication path or the second wireless communication path for the service further comprises using a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the first wireless communication path is the preferred path for the service ([Para. 0267], the UE configuration procedure may be used for the network-initiated policy configuration. After configuration, the UE may make path selection decision based on the provided policy. [Para. 0268], information sent to a UE as part of the path selection policy: [Para. 0276], if the latency or data rate requirement for the communication is very short or very high, then PC5 may be preferred).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Xiao, Kousaridas, and Ge, so that the terminal selects a communication path of better quality from the two interfaces in response to path selection policy, as taught by Li. The modification would have allowed the system to support of network-controlled path selection and path switching between Uu interface and PC5 interface and minimize user experience interruption (Li [Para. 0003]).
For claim 10, Xiao, Kousaridas, and Ge teach the method of claim 1. The references further teach wherein selecting the first wireless communication path or the second wireless communication path for the service further comprises using a second link via the second wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the second wireless communication path is the preferred path for the service (Xiao [Para. 0158], a terminal device determines a communication path for a V2X service, where the communication path is selected from at least two communication paths, the at least two communication paths include a first communication path and a second communication path).
Although teaching selecting a communication path from PC5 and Uu interfaces, Xiao, Kousaridas, and Ge do not explicitly disclose wherein selecting the first wireless communication path or the second wireless communication path for the service further comprises using a second link via the second wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the second wireless communication path is the preferred path for the service.
Li is directed to providing Path selection or path switching and charging for proximity service communication. More specifically, Li teaches wherein selecting the first wireless communication path or the second wireless communication path for the service further comprises using a second link via the second wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the second wireless communication path is the preferred path for the service ([Para. 0267], the UE configuration procedure may be used for the network-initiated policy configuration. After configuration, the UE may make path selection decision based on the provided policy. [Para. 0268], information sent to a UE as part of the path selection policy. [Para. 0276], if the UE determines that the distance is longer than a certain range, then 5GC path may be used).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Xiao, Kousaridas, and Ge, so that the terminal selects a communication path of better quality from the two interfaces in response to path selection policy, as taught by Li. The modification would have allowed the system to support of network-controlled path selection and path switching between Uu interface and PC5 interface and minimize user experience interruption (Li [Para. 0003]).
For claim 13, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. Although teaching selecting a communication path from PC5 and Uu interfaces, Xiao, Kousaridas, and Ge do not explicitly disclose wherein the first wireless communication terminal is configured to use a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the first wireless communication path is the preferred path for the service.
Li is directed to providing path selection or path switching and charging for proximity service communication. More specifically, Li teaches the first wireless communication terminal is configured ([Para. 0267], the UE configuration procedure may be used for the network-initiated policy configuration) to use a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to a path selection policy ([Para. 0267], after configuration, the UE may make path selection decision based on the provided policy) indicating that the first wireless communication path is a preferred path for the service ([Para. 0268], information sent to a UE as part of the path selection policy: [Para. 0276], if the latency or data rate requirement for the communication is very short or very high, then PC5 may be preferred).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the terminal of Xiao, Kousaridas, and Ge, so that the terminal selects a communication path of better quality from the two interfaces in response to path selection policy, as taught by Li. The modification would have allowed the system to support of network-controlled path selection and path switching between Uu interface and PC5 interface and minimize user experience interruption (Li [Para. 0003]).
For claim 15, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. Although teaching selecting a communication path from PC5 and Uu interfaces, Xiao, Kousaridas, and Ge do not explicitly disclose wherein the first wireless communication terminal is configured to use a second link via the second wireless communication path for the service to communicate with the second wireless communication terminal in response to the path selection policy indicating that the second wireless communication path is the preferred path for the service.
Li is directed to providing path selection or path switching and charging for proximity service communication. More specifically, Li teaches wherein the first wireless communication terminal is configured ([Para. 0267], the UE configuration procedure may be used for the network-initiated policy configuration) to use a first link via the first wireless communication path for the service to communicate with the second wireless communication terminal in response to a path selection policy ([Para. 0267], after configuration, the UE may make path selection decision based on the provided policy) indicating that the first wireless communication path is a preferred path for the service ([Para. 0268], information sent to a UE as part of the path selection policy; [Para. 0276], if the UE determines that the distance is longer than a certain range, then 5GC path may be used).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the terminal of Xiao, Kousaridas, and Ge, so that the terminal selects a communication path of better quality from the two interfaces in response to path selection policy, as taught by Li. The modification would have allowed the system to support of network-controlled path selection and path switching between Uu interface and PC5 interface and minimize user experience interruption (Li [Para. 0003]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US20180376308A1, hereinafter Xiao) in view of Kousaridas et al. (US20230127601A1, hereinafter Kousaridas), Ge et al. (US20210345237A1, hereinafter Ge), and further in view of Chun et al. (US20190239147A1, hereinafter Chun).
For claim 17, Xiao, Kousaridas, and Ge teach the apparatus of claim 11. Although teaching selecting a communication path from PC5 and Uu interfaces, Xiao, Kousaridas, Ge and Chen do not explicitly disclose wherein there is no link on the first wireless communication path and the second wireless communication path available for the service.
Chun is directed to providing method for connecting to network and user equipment. More specifically, Chun teaches wherein there is no link on the first wireless communication path ([Fig. 15] S1510, receive, from relay UE, notification indicating that access to network by relay UE is barred) and the second wireless communication path available for the service ([Para. 0294], the remote UE checks whether the remote UE can switch to a direct mode to directly access the network, [Para. 0294], if switching to the direct mode is allowed as a result of checking whether a connection mode can switch, the remote UE releases a connection from the relay UE and switches to the direct mode to attempt to access the network).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the terminal of Xiao, Kousaridas, and Ge, so that the terminal checks whether the link is available before switching, as taught by Chun. The modification would have allowed a UE to efficiently control the access a network through another UE and to access a network through another UE without service interruption (Chun [Para. 0005 and 0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen et al. (WO2017133644A1), which is directed to path selection method and apparatus, device, and computer storage medium
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.
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/S.L./Examiner, Art Unit 2417
/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
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