DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/10/2026 has been entered. In response to amendment filed on 6/10/2026, claims 1, 3 and 5 are amended, claim 4 is cancelled and claims 6- 11 are newly added claims. Claims 1- 3, 5- 11 are pending for examinations.
Response to Arguments
Applicant’s arguments with respect to claim(s) in the remarks filed on 6/10/2026 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. Examiner has considered reference Harris et al. (US Pub. No. 2017/0118744 A1). Harris teaches in Abstract about Various communication systems benefit from the management of downlink traffic or uplink traffic. For example, a user equipment and an access node benefit from the selective purging of downlink data or uplink data (i.e. here purging as a suppressing mechanism). According to certain embodiments, a method includes receiving at an access node a request for purging, from a user equipment, at least one portion of a downlink transmission or an uplink transmission. The request comprises at least one attribute of the at least one portion of the downlink transmission or an uplink transmission. The method also includes purging at the access node the at least one portion of the downlink transmission or the uplink transmission based on the at least one attribute; now refer to [0012]..the request (i.e. purge) comprises at least one attribute of the at least one portion of the downlink transmission or the uplink transmission (i.e. transmission from user equipment to network side i.e. here access node; further see [0036].. he access node purges data bytes which were meant for delivery to the UE, or from the UE..). The method may also include purging at the access node the at least one portion of the downlink transmission or the uplink transmission based on the at least one attribute; further see [0037] regarding the request from the UE may include a field indicating the volume of user traffic to be purged…; also see [0063]; now see [0048].. the UE may utilize downlink messaging which indicates to the UE a network congestion estimate, such that the UE can use this estimate to determine whether to send a purge request to the network; now refer to [0054] regarding… For example, if the UE was in the middle of a download of a relatively high bit rate or uncompressed file, and after handoff the UE finds itself in a congested cell (i.e. second base station cell which is access node here), the UE may request that the access node purge current pending downlink or uplink data; further see [0059].. the UE may initiate a request to purge when the UE was previously performing a background transfer, but has now initiated a high priority foreground service. In this embodiment, purging the background traffic from the downlink buffer will allow the UE to more rapidly initiate the higher priority service. In one example, both the background and the foreground services are best effort services, such that the second service which has a higher priority, from the UE or application perspective, would not have otherwise been prioritized in front of the already pending background traffic; further see [0052].
Examiner Note
Claim 5 ‘s limitations (filed on 12/2/2025) regarding see last three lines
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limitations do not match (i.e. underline i.e. amended limitations).
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 1- 3, 5- 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masuda et al. (US Pub. No. 2006/0058060 A1) in view of Velusamy et al. (US Pat. No. 9398508 B1), hereafter Velu and further in view of Harris et al. (US Pub. No. 2017/0118744 A1).
Regarding claim 1, Masuda teaches a communication system comprising: a first base station having a first controller and a second base station having a second controller (see Fig. 1… each of the base stations 11a to 11c is arranged to transmit or receive a radio signal between the base station and the mobile station 10 (i.e. user terminal). Also, each of the base stations 11a to 11c is arranged to transmit or receive a signal of a predetermined format between the base stations and the any of the mobile-service switching centers 12a to 12c….; see [0091]; now refer to [0092] These base stations 11a to 11c are arranged to include base station controllers 22a to 20c for controlling the base stations 11a to 11c…; now refer to Fig. 15 wherein 20b is of 11b (i.e. 11b as a base station and 20b as a first controller) and 20c of 11c (i.e. 11c as a base station and 20c as a second controller), wherein
the first controller transmits a handover request to the second base station when a handover to the second base station is required for a user terminal (see Fig. 15 at step C20 transmits Handover Required Message indicating that handover is requested …goes to all the way to 20c of the second base station; see step C21),
the second controller transmits a handover response including congestion state information at the second base station to the first base station in response to receiving the handover request (see Fig. 15 steps C23, C24, C25; see [0166]… At this time, depending on the congesting state of the network or the capacity of the base station, the base station controller 20c can deliver a determination that the handover cannot be executed while maintaining the multicall communication mode. Thus, the base station controller 20c returns Handover Request Ack Message C24 containing data indicating that the handover cannot be executed while maintaining the multicall communication mode….), and
the first controller transmits a handover command including the congestion state information or a data transmission control command according to the congestion state information to the user terminal in response to receiving the handover response (see Fig. 15, step C25, C26 (i.e. 10 as a user terminal); see [0167].. base station controller 20b extracts the data indicating that the handover cannot be executed while maintaining the multicall communication mode from Handover Command Message C25. Thus, the base station controller 20b transmits Special Message C26 (Notification) containing data indicative of a number of calls allowable to continue, to the mobile terminal 10 of the subscriber. This processing includes the following three steps, for example.; further see [0168- 0170]). But Masuda is silent about limitations, “reception strength of a signal received by a user terminal from the second base station exceeds a threshold”; however Velu teaches in claim 15 regarding … a first base station for providing first cellular coverage in which to serve user equipment devices (UEs); a second base station for providing second cellular coverage in which to serve UEs; and a third base station for providing third cellular coverage in which to serve UEs, wherein the first base station serves a UE at a quality of service level, and wherein the first base station includes a first controller configured to (i) determine a signal strength of an air interface between the UE and the second base station, (ii) based at least in part on a determination that the determined signal strength exceeds a threshold, transmit a first handover request to the second base station, wherein the first handover request includes an indication of the quality of service level.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Venu with the teachings of Masuda to make system more standardized. Having a mechanism transmitting handover request if reception strength of a signal received by a user terminal from the second base station exceeds a threshold; greater way standardized approach can be carried out in the communication system.
But Masuda is silent about the user terminal performs control of data transmission according to a priority of communication data when suppressing an amount of data transmission after handover to the second base station in response to the congestion state information in a case of receiving the congestion state information; however Harris teaches in Abstract about Various communication systems benefit from the management of downlink traffic or uplink traffic. For example, a user equipment and an access node benefit from the selective purging of downlink data or uplink data (i.e. here purging as a suppressing mechanism). According to certain embodiments, a method includes receiving at an access node a request for purging, from a user equipment, at least one portion of a downlink transmission or an uplink transmission. The request comprises at least one attribute of the at least one portion of the downlink transmission or an uplink transmission. The method also includes purging at the access node the at least one portion of the downlink transmission or the uplink transmission based on the at least one attribute; now refer to [0012]..the request (i.e. purge) comprises at least one attribute of the at least one portion of the downlink transmission or the uplink transmission (i.e. transmission from user equipment to network side i.e. here access node; further see [0036].. he access node purges data bytes which were meant for delivery to the UE, or from the UE..). The method may also include purging at the access node the at least one portion of the downlink transmission or the uplink transmission based on the at least one attribute; further see [0037] regarding the request from the UE may include a field indicating the volume of user traffic to be purged…; also see [0063]; now see [0048].. the UE may utilize downlink messaging which indicates to the UE a network congestion estimate, such that the UE can use this estimate to determine whether to send a purge request to the network; now refer to [0054] regarding… For example, if the UE was in the middle of a download of a relatively high bit rate or uncompressed file, and after handoff the UE finds itself in a congested cell (i.e. second base station cell which is access node here), the UE may request that the access node purge current pending downlink or uplink data; further see [0059].. the UE may initiate a request to purge when the UE was previously performing a background transfer, but has now initiated a high priority foreground service. In this embodiment, purging the background traffic from the downlink buffer will allow the UE to more rapidly initiate the higher priority service. In one example, both the background and the foreground services are best effort services, such that the second service which has a higher priority, from the UE or application perspective, would not have otherwise been prioritized in front of the already pending background traffic; further see [0052].
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of B with the teachings of A to make system more effective. Having a mechanism wherein the user terminal performs control of data transmission according to a priority of communication data when suppressing an amount of data transmission after handover to the second base station in response to the congestion state information in a case of receiving the congestion state information; greater way more resources can be utilized or managed to carry out more prioritized communication in the communication system.
Regarding claim 2, Masuda in view of Velu and Harris teaches as per claim 1, wherein Masuda teaches the second controller acquires the congestion state information based on at least one of a usage rate of an arithmetic processor, a usage rate of a memory, a usage rate of the communication bandwidth, and a usage rate of wireless resource; in context with [0161] (…the base station controller 20c receives a handover request message (Handover Request) from the mobile-service switching center 12c, the base station controller 20c examines whether or not the call request can be supported on the basis of the multicall communication mode at step C2. If it is determined that the call request can be supported on the basis of the multicall communication mode, YES route is taken. At step C3, it is examined whether or not the handover can be executed while the multicall communication mode is maintained, based on the resource such as the state of congestion or the capacity of the base station.) pls refer to [0166]… base station controller 20b extracts the data indicating that the handover cannot be executed while maintaining the multicall communication mode from Handover Command Message C25. Thus, the base station controller 20b transmits Special Message C26 (Notification) containing data indicative of a number of calls allowable to continue, to the mobile terminal 10 of the subscriber. This processing includes the following three steps, for example.
Regarding claim 3, Masuda in view of Velu and Harris teaches as per claim 1, wherein the user terminal performs control of data transmission based on the congestion state information after handover to the second base station; Harris see [0048] the UE may utilize downlink messaging which indicates to the UE a network congestion estimate, such that the UE can use this estimate to determine whether to send a purge request to the network; further see [0054] and [0036] for further support.
Regarding claim 5, Masuda teaches a method of communication comprising (see Fig. 1… each of the base stations 11a to 11c is arranged to transmit or receive a radio signal between the base station and the mobile station 10 (i.e. user terminal). Also, each of the base stations 11a to 11c is arranged to transmit or receive a signal of a predetermined format between the base stations and the any of the mobile-service switching centers 12a to 12c….; see [0091]; now refer to [0092] These base stations 11a to 11c are arranged to include base station controllers 22a to 20c for controlling the base stations 11a to 11c…; now refer to Fig. 15 wherein 20b is of 11b (i.e. 11b as a base station and 20b as a first controller) and 20c of 11c (i.e. 11c as a base station and 20c as a second controller):
transmitting, by a first base station, a handover request to a second base station when the first base station determines that a handover of a user terminal to a second base station is necessary (see Fig. 15 at step C20 transmits Handover Required Message indicating that handover is requested …goes to all the way to 20c of the second base station; see step C21),
transmitting, by the second base station, a handover response including congestion state information at the second base station to the first base station in response to receiving the handover request (see Fig. 15 steps C23, C24, C25; see [0166]… At this time, depending on the congesting state of the network or the capacity of the base station, the base station controller 20c can deliver a determination that the handover cannot be executed while maintaining the multicall communication mode. Thus, the base station controller 20c returns Handover Request Ack Message C24 containing data indicating that the handover cannot be executed while maintaining the multicall communication mode….), and
transmitting, by the first base station, a handover command including the congestion state information or a data transmission control command according to the state information or the state information to the user terminal in response to receiving the handover response (see Fig. 15, step C25, C26 (i.e. 10 as a user terminal); see [0167].. base station controller 20b extracts the data indicating that the handover cannot be executed while maintaining the multicall communication mode from Handover Command Message C25. Thus, the base station controller 20b transmits Special Message C26 (Notification) containing data indicative of a number of calls allowable to continue, to the mobile terminal 10 of the subscriber. This processing includes the following three steps, for example.; further see [0168- 0170]). But Masuda is silent about limitations, “reception strength of a signal received by a user terminal from the second base station exceeds a threshold”; however Velu teaches in claim 15 regarding … a first base station for providing first cellular coverage in which to serve user equipment devices (UEs); a second base station for providing second cellular coverage in which to serve UEs; and a third base station for providing third cellular coverage in which to serve UEs, wherein the first base station serves a UE at a quality of service level, and wherein the first base station includes a first controller configured to (i) determine a signal strength of an air interface between the UE and the second base station, (ii) based at least in part on a determination that the determined signal strength exceeds a threshold, transmit a first handover request to the second base station, wherein the first handover request includes an indication of the quality of service level.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Venu with the teachings of Masuda to make system more standardized. Having a mechanism transmitting handover request if reception strength of a signal received by a user terminal from the second base station exceeds a threshold; greater way standardized approach can be carried out in the communication system.
But Masuda is silent about performing by the user terminal, control of data transmission according to a priority of communication data when suppressing an amount of data transmission after handover to the second base station in response to the congestion state information in a case of receiving the congestion state information; however Harris teaches in Abstract about Various communication systems benefit from the management of downlink traffic or uplink traffic. For example, a user equipment and an access node benefit from the selective purging of downlink data or uplink data (i.e. here purging as a suppressing mechanism). According to certain embodiments, a method includes receiving at an access node a request for purging, from a user equipment, at least one portion of a downlink transmission or an uplink transmission. The request comprises at least one attribute of the at least one portion of the downlink transmission or an uplink transmission. The method also includes purging at the access node the at least one portion of the downlink transmission or the uplink transmission based on the at least one attribute; now refer to [0012]..the request (i.e. purge) comprises at least one attribute of the at least one portion of the downlink transmission or the uplink transmission (i.e. transmission from user equipment to network side i.e. here access node; further see [0036].. he access node purges data bytes which were meant for delivery to the UE, or from the UE..). The method may also include purging at the access node the at least one portion of the downlink transmission or the uplink transmission based on the at least one attribute; further see [0037] regarding the request from the UE may include a field indicating the volume of user traffic to be purged…; also see [0063]; now see [0048].. the UE may utilize downlink messaging which indicates to the UE a network congestion estimate, such that the UE can use this estimate to determine whether to send a purge request to the network; now refer to [0054] regarding… For example, if the UE was in the middle of a download of a relatively high bit rate or uncompressed file, and after handoff the UE finds itself in a congested cell (i.e. second base station cell which is access node here), the UE may request that the access node purge current pending downlink or uplink data; further see [0059].. the UE may initiate a request to purge when the UE was previously performing a background transfer, but has now initiated a high priority foreground service. In this embodiment, purging the background traffic from the downlink buffer will allow the UE to more rapidly initiate the higher priority service. In one example, both the background and the foreground services are best effort services, such that the second service which has a higher priority, from the UE or application perspective, would not have otherwise been prioritized in front of the already pending background traffic; further see [0052].
It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of B with the teachings of A to make system more effective. Having a mechanism wherein performing by the user terminal, control of data transmission according to a priority of communication data when suppressing an amount of data transmission after handover to the second base station in response to the congestion state information in a case of receiving the congestion state information; greater way more resources can be utilized or managed to carry out more prioritized communication in the communication system.
Regarding claim 6, Masuda in view of Velu and Harris teaches as per claim 1, wherein the second controller performs admission control in response to receiving the handover request; Masuda see Fig. 15 steps C23, C24, C25; see [0166]… At this time, depending on the congesting state of the network or the capacity of the base station, the base station controller 20c can deliver a determination that the handover cannot be executed while maintaining the multicall communication mode. Thus, the base station controller 20c returns Handover Request Ack Message C24 containing data indicating that the handover cannot be executed while maintaining the multicall communication mode…
Regarding claim 7, Masuda in view of Velu and Harris teaches as per claim 1, wherein the handover command includes a radio resource management (RRC) reconfiguration message; Velu see lines 60- 67 of col. 7 and lines 1- 7 of col. 8 regarding . The source eNodeB 102 then transmits that information to UE 116 in an RRC Connection Reconfiguration message that functions as a handover directive to cause UE 116 to hand over to the target eNodeB 104.
Regarding claim 8, Masuda in view of Velu and Harris teaches as per claim 1, wherein the data transmission control command includes information indicative of a data rate or the amount of data transmission the user terminal performs communication after the handover; Harris see [0037]… a field indicating the volume of user traffic to be purged…; see [0063].. the field may indicate the volume of user traffic to be purged in units of octets. The message may also include a field indicating the LCID or LCG associated with the user traffic to be purged. In other embodiments, the message may include a field indicating the time interval over which the access node should continue to purge traffic. For example, the request may specify that the access node can purge a maximum volume of octets. Once the access node has reached that maximum limit, the access node can stop purging data bytes from the downlink transmission. In addition, the request may include a field which further indicates the conditions upon which the octets will be purged. For example, the field may specify that the octets will be purge in the event of a significant increase in network congestion; further see [0010 and 0051].
Regarding claim 9, Masuda in view of Velu and Harris teaches as per claim 5, further comprising performing admission control in response to receiving the handover request; Masuda see Fig. 15 steps C23, C24, C25; see [0166]… At this time, depending on the congesting state of the network or the capacity of the base station, the base station controller 20c can deliver a determination that the handover cannot be executed while maintaining the multicall communication mode. Thus, the base station controller 20c returns Handover Request Ack Message C24 containing data indicating that the handover cannot be executed while maintaining the multicall communication mode…
Regarding claim 10, Masuda in view of Velu and Harris teaches as per claim 5, wherein the handover command includes a radio resource management (RRC) reconfiguration message; Velu see lines 60- 67 of col. 7 and lines 1- 7 of col. 8 regarding . The source eNodeB 102 then transmits that information to UE 116 in an RRC Connection Reconfiguration message that functions as a handover directive to cause UE 116 to hand over to the target eNodeB 104.
Regarding claim 11, Masuda in view of Velu and Harris teaches as per claim 1, wherein the data transmission control command includes information indicative of a data rate or the amount of data transmission the user terminal performs communication after the handover; Harris see [0037]… a field indicating the volume of user traffic to be purged…; see [0063].. the field may indicate the volume of user traffic to be purged in units of octets. The message may also include a field indicating the LCID or LCG associated with the user traffic to be purged. In other embodiments, the message may include a field indicating the time interval over which the access node should continue to purge traffic. For example, the request may specify that the access node can purge a maximum volume of octets. Once the access node has reached that maximum limit, the access node can stop purging data bytes from the downlink transmission. In addition, the request may include a field which further indicates the conditions upon which the octets will be purged. For example, the field may specify that the octets will be purge in the event of a significant increase in network congestion; further see [0010 and 0051].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see PTO-892 form for considered prior arts for record.
Reference Altman (US Pub. No. 2021/0114616 A1) teaches in [0088] about the Bonding/Multi-Link Agent 201 may communicate and synchronize with one or more known cellular tower or antenna or base-station (BTS) or base transceiver stations or eNodeB or Access Points or other infrastructure elements along this road or route or otherwise within its range, and may estimate or predict exactly or approximately when (or where) a handoff is going to be initiated and/or performed and/or when (and where) it is going to end, or when and where a certain state of communication congestion or lower performance or low performance is about to start and/or end; and may thus minimize or reduce the data packets sent over the communication link that is associated with that operator during such handover, and may re-load or resume or increase the amount of packets after such handoff is initiated or performed or completed; and/or may request to buffer in advance additional incoming/downloaded packets in order to ensure smooth playback of streaming media during the cellular hand-off event; or the like.
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PARTH PATEL
Primary Examiner
Art Unit 2479
/PARTH PATEL/ Primary Examiner, Art Unit 2479
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