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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/27/2026 has been entered.
Alternative Language
The claims of the instant application are given their Broadest Reasonable Interpretation (BRI) using the plain meaning of the claim language in light of the specification, as it would be understood by one of ordinary skill in the art. Accordingly, the BRI of an alternative claim limitation or term can be determined to be the least-limiting interpretation, consistent with the specification. In this context, the term “or” by plain meaning can be interpreted to alternatively be: one or the other (i.e., A or B), but not both (i.e., not A and B). Likewise, the alternative term “at least one of,” followed by multiple alternative claim limitations can be determined to be only “one of” a group of alternative claim limitations.
Prior art disclosing any one of multiple alternative claim limitations discloses matter within the scope of the claimed invention. "When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art." Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in "at least one of two-digit, three-digit, or four-digit" representations, was held anticipated by a system that offsets year dates in only two-digit formats). See MPEP 2131.
Claim Rejections - 35 USC § 112
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 1-4, 6-9, 11, 15, 19-24 are 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.
Regarding claim 1, 6, 11, 15, 19, 20 the claim recites “…wherein the first configuration information is used to configuring a quality of service flow (QoS flow), a radio bearer (RB) that allows to improve the priority of the data transmission for the service of the subsequent data packet…”
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-9, 11, 15, 19-24, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by YU et al (US 2021/0288747).
Regarding claims 1, 11, 19, YU discloses a data communications method, performed by a terminal, comprising:
receiving configuration information from a network side before a data transmission error of a service occurs, (YU: ¶199, ¶214-215, ¶126, first parameter information configured by the second device during initial configuration i.e. receiving configuration information at the first device from the second device) and then improving, in a case that a data transmission error of a service occurs, a priority of a data transmission for the service of subsequent data packets according to a trigger condition (YU: ¶202, ¶190, ¶139, terminal increases a priority of the logical channel in order to prioritize the packets of the data service transmission; this is in a case when a data transmission failure is determined for at least one data packet of the service; trigger condition being a counter value threshold being crossed); and
performing the data transmission for the service of the subsequent data packets according to the improved priority of the data transmission for the service of the subsequent data packets (YU: ¶176, ¶202, the subsequent data packets are transmitted based on the adjusted (equivalent to improved) transmission priority), wherein the receiving the configuration information from the network side and then improving the priority of the data transmission for the service of the subsequent data packets comprises at least one of the following:
receiving, by the terminal, first configuration information sent by a network side, and improving the priority of the data transmission for the service of the subsequent data packets according to the first configuration information, wherein the first configuration information is used for configuring a quality of service flow (QoS flow), a radio bearer (RB), that allows to improve the priority of the data transmission for the service of the subsequent data packets (YU: ¶202, ¶215, ¶218, the network device sends a message to the terminal indicating the adjusted/improved priority of a subsequent data packets, which the terminal uses to transmit subsequent data packets; ¶175-176, this is enabled/allowed by receiving in configuration information, a timer corresponding to the radio bearer of the QoS service flow );
receiving, by the terminal, third configuration information sent by the network side, and improving the priority of the data transmission for the service of the subsequent data packets according to the third configuration information, wherein the third configuration information is used to allow the terminal to ignore, in a case that the data transmission error of the service occurs in a specified logical channel, at least one of logical channel restrictions in a logical channel priority configuration of the logical channel;
receiving, by the terminal, fourth configuration information sent by the network side, and improving the priority of the data transmission for the service of the subsequent data packets according to the fourth configuration information, wherein the fourth configuration information is used to allow the terminal to improve, in a case that the data transmission error of the service occurs in a specified logical channel, a priority of media access control packet data unit (MAC PDU) mapped by data in the logical channel to the highest priority or the specified priority in a subsequent transmission, when a resource conflict occurs in uplink transmissions;
receiving, by the terminal, fifth configuration information sent by the network side, and improving the priority of the data transmission for the service of the subsequent data packets according to the fifth configuration information, wherein the fifth configuration information is used to set, in a case that the data transmission error of the service occurs in the terminal, a physical layer priority corresponding to a specified configured resource (CG) to a higher priority for the specified configured resource (CG);
receiving, by the terminal, sixth configuration information sent by the network side, and improving the priority of the data transmission for the service of the subsequent data packets according to the sixth configuration information, wherein the sixth configuration information is used to allow the terminal to improve, in a case that the data transmission error of the service occurs in a specified logical channel, a physical layer priority corresponding to the logical channel to a higher priority, and the physical layer priority is used for specifying, in a case that a transmission resource conflict occurs in uplink transmissions, to preferentially perform one of the transmissions with the higher priority;
receiving, by the terminal, at least two sets of logical channel parameters configured by the network side for a preset logical channel, and using, in a case that no transmission error occurs, the logical channel configuration parameter with a lower priority among the at least two sets of logical channel parameters; and using, in a case that the data transmission error of the service occurs in the terminal, the logical channel configuration parameter with a higher priority among the at least two sets of logical channel parameters for transmission.
Regarding claim 6, 15, 20, YU discloses configuration method for data communications, performed by a network side, comprising:
sending a configuration message to a terminal before a data transmission error of a service occurs (YU: ¶138, a second message, which has parameter information, is sent by the network device to the terminal in order to configure terminal’s behavior with respect to at least the transmission after detecting a failure)
wherein the terminal improves, in a case that after the terminal receives the configuration information an error of a service data transmission occurs, a priority of a data transmission for the service of subsequent data packets according to a configuration and a trigger condition (YU: ¶202, ¶190, ¶139, ¶215, terminal increases a priority of the logical channel in order to prioritize the packets of the data service transmission; this is in a case when a data transmission failure is determined for at least one data packet of the service; trigger condition being a counter value threshold being crossed; the terminal increases/adjusts the priority based on the first parameter information received from the network device as initial configuration), and
to perform the data transmission for the service according to the improved priority of the data transmission for the service (YU: ¶176, ¶202, the subsequent data packets are transmitted based on the adjusted (equivalent to improved) transmission priority).
wherein the sending configuration information to the terminal comprises at least one of the following:
sending first configuration information to the terminal, wherein the first configuration information is used for configuring a quality of service flow (QoS flow), a5radio bearer (RB), that allows to improve the priority of the data transmission for the service of the subsequent data packets (YU: ¶202, ¶215, ¶218, the network device sends a message to the terminal indicating the adjusted/improved priority of a subsequent data packets, which the terminal uses to transmit subsequent data packets; ¶175-176, this is enabled by receiving in configuration information, a timer corresponding to the radio bearer of the QoS service flow);
sending third configuration information to the terminal, wherein the third configuration information is used to allow the terminal to ignore, in a case that the data transmission error of the service occurs in the specified logical channel, at least one of logical channel restrictions in a logical channel priority configuration of the logical channel;
sending fourth configuration information to the terminal, wherein the fourth configuration information is used to allow the terminal to improve, in a case that the data transmission error of the service occurs in the specified logical channel, a priority of media access control packet data unit (MAC PDU) mapped by the data in the logical channel to the highest priority or the specified priority in a subsequent transmission, when a resource conflict occurs in uplink transmissions;
sending fifth configuration information to the terminal, wherein the fifth configuration information is used to set , in a case that the data transmission error of the service occurs in the terminal, a physical layer priority corresponding to a specified configured resource (CG) to a higher priority for the specified configured resource (CG);
sending sixth configuration information to the terminal, wherein the sixth configuration information is used to allow the terminal to improve, in a case that the data transmission error of the service occurs in the specified logical channel, a physical6layer priority corresponding to the logical channel to a higher priority, and the physical layer priority is used for specifying, in a case that a transmission resource conflict occurs in uplink transmissions, to preferentially perform one of the transmissions with the higher priority; or
configuring at least two sets of logical channel parameters for the terminal preset logical channel, and using, in a case that no transmission error occurs, the logical channel configuration parameter with a lower priority among the at least two sets of logical channel parameters; and using, in a case that the data transmission error of the service occurs in the terminal, the logical channel configuration parameter with a higher priority among the at least two sets of logical channel parameters for transmission.
Regarding claim 2, 21, YU discloses data communications method according to claim 1, wherein the data transmission error of the service is determined for data in at least one of a quality of service flow (QoS flow), a radio bearer (RB), or a logical channel (YU: ¶202, ¶209, logical channel is used to transmit data that is determined to be involved in transmission state indicating a failure for a plurality of packets of this logical channel).
Regarding claim 3, 22, YU discloses data communications method according to claim 1, wherein the data transmission error of the service is determined under at least one of the following conditions that: physical layer hybrid automatic repeat request (HARQ) error occurs in data in at least one of a quality of service flow (QoS flow), a radio bearer (RB), or a logical channel; radio link control automatic repeat request (RLC ARQ) error occurs; or the terminal recognizes that all or part of segments of radio link control service data unit (RLC SDU) are not successfully received (YU: ¶268, ¶142, ¶146, ¶148, the transmission states are based on the HARQ error or when the terminal recognizes that RLC SDU is not successfully received at the network device).
Regarding claim 4, 23, LEE modified by YU discloses data communications method according to claim 1, wherein the trigger condition is determined according to at least one of the following conditions: a manner stipulated in an agreement; a manner that the terminal makes its own decisions; or a manner configured by a network side (YU: ¶139, ¶170, the counter being used by the terminal device to make its decision to determine a trigger condition to adjust parameters by sending a message to the network device).
Regarding claim 7, 24, YU, discloses the configuration method for data communications according to claim 6/15, wherein the data transmission error of the service is determined for data in at least one of a quality of service flow (QoS flow), a radio bearer (RB), or a logical channel (YU: ¶202, ¶209, logical channel is used to transmit data that is determined to be involved in transmission state indicating a failure for a plurality of packets of this logical channel).
Regarding claim 8, YU, discloses configuration method for data communications according to wherein the trigger condition is determined according to at least one of the following conditions: a manner stipulated in an agreement; a manner that the terminal makes its own decisions; or a manner configured by the network side (YU: ¶139, ¶170, the counter being used by the terminal device to make its decision to determine a trigger condition to adjust parameters by sending a message to the network device).
Regarding claim 9, YU, discloses configuration method for data communications according to claim 8, wherein in a case that the trigger condition is determined according to the manner configured by the network side, the method further comprises:
sending a parameter for determining the data transmission error of the service to the terminal, wherein the parameter comprises at least one of the following:
the quantity of consecutive hybrid automatic repeat request negative acknowledgements (HARQ NACKs) occurred to data in a logical channel;
the quantity of radio link control (RLC) packet data units (PDUs) and/or the quantity of bytes indicated by a radio link control automatic repeat request negative acknowledgement (RLC ARQ NACK); the quantity of radio link control service data units (RLC SDUs) that are not successfully received, or the quantity of RLC SDUs that are not successfully received within a configured time period; or the quantity of gaps that appear after packet data convergence protocol (PDCP) is reordered; and configuring a trigger timer, wherein the timer starts after the data transmission error of the service occurs, and in a case that there is still the data transmission error of the service after the timer expires, it is considered that the trigger condition for improving the priority of the data transmission for the service is met (YU: ¶139, ¶141-142, ¶268, the failed packet (or HARQ NACKs) counter threshold is configured by the network device and the packet include RLC SDU).
Response to Arguments
Applicant's arguments filed 8/27/2026 have been fully considered but they are not persuasive.
Applicants argue,
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Examiner respectfully disagrees with the above arguments. Applicants argue that YU does not disclose the invention of claim 1 or 6 and corresponding other independent claims because YU does not disclose, “…receiving, by the terminal, first configuration information sent by a network side, and then improving the priority of the data transmission for the service of the subsequent data packets according to the “first configuration information” as recited in feature (A)…”
Examiner has cited portions of YU that disclose, “…"receiving, by the terminal, first configuration information sent by a network side, and then improving the priority of the data transmission for the service of the subsequent data packets according to the first configuration information…”
In ¶175, YU discloses that a radio resource parameter is received by the terminal which configures a Radio Bearer/QoS flow.
[0175] Specifically, the second device may be the network device, and the third device may be the core network device. The parameter of the timer may include the duration of the timer, a protocol layer entity that maintains the timer, and/or the like. The terminal device receives, from the network device or the core network device, the parameter of the timer corresponding to the radio bearer or the QoS service flow, to start the timer based on the parameter of the timer, and maintain the timer based on the protocol layer entity that maintains the timer. The radio bearer includes the data radio bearer (DRB) and the signaling radio bearer (SRB).
This timer is part of initial configuration of the terminal device by the network device and controls radio bearer (RB) or the QoS Service flow.
YU in ¶215 discloses that based on this timer, the adjustment of the parameter occurs which causes the priorities of the subsequent packets to be adjusted.
YU recites:
[0215] Specifically, during an initial configuration, the network device may configure two sets of parameter information for a DRB and a service flow, which are respectively a first parameter information and a second parameter information. After starting the timer, the terminal device may adjust the radio resource configuration parameter based on the first parameter information, to transmit, based on the adjusted radio resource configuration parameter, the data packet within the preset time period during running of the timer. (emphasis added)
[0202] Optionally, the terminal device may adjust the radio resource configuration parameter in the following manners based on the to-be-adjusted parameter: adjusting the MCS, increasing a quantity of retransmissions of the HARQ, increasing a quantity of retransmissions of the ARQ, increasing the size of the transmission resource, adjusting the type of the transmission resource, increasing the priority of the logical channel, adjusting the RLC layer transmission mode of the radio bearer, adjusting the radio bearer to use duplication transmission, increasing the transmit power, or the like. Alternatively, the terminal device may also adjust a parameter in the RRC reconfiguration message. Certainly, the terminal device may alternatively adjust a priority of the subsequent data packet, for example, adjust a scheduling priority or a priority of a MAC layer packet assembly, to improve the success rate of transmission of the subsequent data packet, to avoid expiration of the timer at the application layer due to transmission failures of a plurality of data packets, and avoid interruption occurs at the application layer.
A person of ordinary skill in the art would reasonably interpret the YU as teaching “receiving, by the terminal, first configuration information sent by a network side, and then improving the priority of the data transmission for the service of the subsequent data packets according to the first configuration information”.
Furthermore, the claim remains silent regarding “the radio resource configuration parameter is QoS flow/RB”. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Also, the claims of the instant application are given their Broadest Reasonable Interpretation (BRI) using the plain meaning of the claim language in light of the specification, as it would be understood by one of ordinary skill in the art. Accordingly, the BRI of an alternative claim limitation or term can be determined to be the least-limiting interpretation, consistent with the specification. In this context, the term “or” by plain meaning can be interpreted to alternatively be: one or the other (i.e., A or B), but not both (i.e., not A and B). Likewise, the alternative term “at least one of,” followed by multiple alternative claim limitations can be determined to be only “one of” a group of alternative claim limitations. Prior art disclosing any one of multiple alternative claim limitations discloses matter within the scope of the claimed invention. "When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art." Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in "at least one of two-digit, three-digit, or four-digit" representations, was held anticipated by a system that offsets year dates in only two-digit formats). See MPEP 2131.
All remaining arguments are based on the arguments addressed above, and are fully responded to.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMER S MIAN whose telephone number is (571)270-7524. The examiner can normally be reached M,T,W,Th: 10a-7p, Fri, 9a-12p.
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OMER S. MIAN
Primary Examiner
Art Unit 2461
/OMER S MIAN/Primary Examiner, Art Unit 2461
