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 .
Claims 1, 5-7 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, and 5-7 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant’s amended claim 1 now recites, “delete, from the storage, the number that is the specified threshold; and control the data transmission to the adjacent base station according to a status report that is not deleted at the first processing timing, at a second processing timing that is later than the first processing timing” with respect to “when, at a first processing timing, a number of the status report stored in the storage exceeds a number that is specified threshold of the status report stored in the storage, the processor circuitry is configured to: control the data transmission to the adjacent base station according to the number that is the specified threshold of the status report sorted in the storage”. As originally filed, applicant’s specification describes that when the amount of stored status reports exceeds a threshold, the processor controls data transmission based on a part of the stored status reports at a first processing timing and controls data transmission based on the remaining status reports at a later processing timing. This is not the same as controlling data transmission according to the number that is the specified threshold of the stored status reports; deleing, from the storage, the number that is the specified threshold; and subsequently controlling data transmission according to a status report that is not deleted. Appropriate correction is required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Applicant’s amended claim 1 now recites, “when, at a first processing timing, a number of the status report stored in the storage exceeds a number that is specified threshold of the status report stored in the storage, the processor circuitry is configured to: control the data transmission to the adjacent base station according to the number that is the specified threshold of the status report sorted in the storage; delete, from the storage, the number that is the specified threshold; and control the data transmission to the adjacent base station according to a status report that is not deleted at the first processing timing, at a second processing timing that is later than the first processing timing”. The claim recites controlling data transmission “according to the number that is the specified threshold” and thereafter “delete, from the storage, the number that is the specified threshold.” Because a numerical value itself cannot reasonable be deleted from storage, it is unclear whether the applicant intended to recite deletion of the status reports corresponding to the threshold, deleting of processed status reports, deletion of storage entries, or another operation. The subsequent recitation of controlling transmission according to “a status report that is not deleted” further obscures the scope of the claim because it is unclear which status reports have been deleted and which remain for subsequent processing. Appropriate correction is required.
Claim 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng (US 2016/0044536, hereinafter Zeng) and in view of Teyeb (US 2021/0314809) and in view of Chun (US 2010/0118857).
Re Claim 5, Zeng discloses a radio communication system in which a first base station and a second base station are connected to a terminal, wherein
the first base station includes first processor circuitry configured to (fig.1, [0126]-[0127], primary base station in communication with a second base station. [0368], circuits)
transmit, to the second base station at a specified cycle, a report request that requests a status report that contains status of a data transmission from the second base station to the terminal ([0195]-[0201], Primary base stations sends a first request to the secondar base station to report a sequence number of a last PDU send to the terminal. Primary base station also seconds a second request message which carries a report period and is used to request the secondary base station to report according to the report period.), and
control a data transmission to the second base station based on the status report received from the second base station ([0248]-[0252], adjust the offloading data to the secondary base station, so that the difference between the sequence number of the first PDU that is waiting to be reordered and the upper boundary of the reordering window is not greater than the preset value.),
the second base station includes ([0127], secondary base station):
a data storage configured to store data received from the first base station ([0127], [0183], secondary base station receives the offload data sent by the primary base station. The received PDU is stored in the buffer.); and
a second processor circuitry configured to
forward the data stored in the data storage to the terminal ([0127], secondary base station sends the received offloading data to the terminal), and
transmit the status report to the first base station when receiving the report request ([0196]-[0202], secondary base station receives report request message from the primary base station. After receiving the report request message, the base station reports to the primary base station the report according to the report period.
While Zeng compares reported sequence number information against a threshold, Zeng does not explicitly disclose, however, Teyeb discloses when the second base station transmits to the first base station a status report indicating that a number of data stored in the data storage exceeds a number that is a specified threshold ([0200]-[0204], Delivery status includes desired buffer size, buffer status, and threshold-triggered congestion information. The CU compile delivery status reports if the current request is lower than the throughput request of a certain threshold. Additional parameters can be associated with the downlink delivery status such as a time value that specifies that the receiving node should send the delivery status every time this timer expires, until a certain number of reports are sent, or until an explicit downlink delivery status suspend message.)
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Zeng’s report request with Teyeb’s delivery-status reporting in order to regulate data offloading and avoid excessive packet reordering. One of ordinary skill would have been motivated to incorporate the teachings with one another to create a more efficient transmission system by making transmission-control decisions on buffering conditions thereby improving congestion management and reducing packet loss.
While Teyeb discloses delivery-status requests that continue until a configurable number of reports have been sent or until an explicit suspend message, Zeng and Teyeb do not disclose, however Chun discloses the first processor circuitry stops transmission of a report request to the second base station ([0010], [0059]-[0061], Polling is used to request a status report. When buffered data falls below the reference value (threshold) or the buffers becomes empty, the RLC layer stops the periodic polling procedure in which stops the report request).
It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Zeng and Teyeb’s delivery status reporting with Chun’s adaptive polling control into the delivery-status reporting in order to avoid unnecessary polling that consumes additional resources. One of ordinary skill would have been motivated to incorporate the teachings with one another to improve communication efficiency by avoiding unnecessary status-report requests while retaining periodic reporting when appropriate buffer conditions are satisfied.
Re claim 6, one of ordinary level of skill in the art would have been compelled to make the proposed modification to Zeng for the same reasons identified in the rejection of claim 5. In addition, Teyeb discloses wherein when the second base station transmits to the first base station the status report indicating that the number of data stored in the data storage exceeds the number that is the specified threshold ([0200]-[0209], Transmit the Downlink Delivery Status Report to the CU in response to a Downlink Delivery Status request. The Downlink Delivery Status Report includes status request to a particular CU if the current request is a certain % lower than the throughput request or is considerably lower than the desired buffer size indicated in the previous delivery status report.), the first processor circuitry stops data transmission to the second base station ([0195]-[0201], control the traffic flow by stopping or reducing the traffic flow due to congested nodes.
Re claim 7, one of ordinary level of skill in the art would have been compelled to make the proposed modification to Zeng for the same reasons identified in the rejection of claim 5. In addition, Teyeb discloses wherein when the second base station transmits to the first base station a status report indicating that an amount of data stored in the data storage is equal to or less than the threshold ([0200]-[0209], Transmit the Downlink Delivery Status Report to the CU in response to a Downlink Delivery Status request. The Downlink Delivery Status Report includes status request to a particular CU if the current request is a certain % lower than the throughput request or is considerably lower than the desired buffer size indicated in the previous delivery status report.), the first processor circuitry resumes transmission of the report request to the second base station ([0172], [0195]-[0201], control the traffic flow by starting, stopping, increasing, or reducing the traffic flow due to congested nodes. The DL data delivery status may also indicate when radio link resumes. It’s obvious that stopping and starting the traffic flow is resuming the traffic flow transmission.)
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 HO T SHIU whose telephone number is (571)270-3810. The examiner can normally be reached Mon-Fri (9:00am - 5:00pm).
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/HO T SHIU/Examiner, Art Unit 2443
HO T. SHIU
Examiner
Art Unit 2443
/CHRISTOPHER B ROBINSON/ Primary Examiner, Art Unit 2443
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