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 .
Claim Status
This office action is in response to the communication(s) filed on 04/07/2023.
Claim(s) 1-15, 17, 19-20, 29, and 31 is/are currently presenting for examination.
Claim(s) 1, 17, and 29 is/are independent claim(s).
Claim(s) 1-15, 17, 19-20, 29, and 31 is/are rejected.
This action has been made NON-FINAL.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 15 is objected to because of the following informalities: the acronym “SN” is not defined in the claim. Appropriate correction is required.
Claims 17 and 29 are objected to because of the following informalities: the acronyms “L3” and “MAC” are not defined in the claim. Appropriate correction is required.
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.
Claims 1-15, 17, 19-20, and 31 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 pre-AIA the applicant regards as the invention
Regarding claim 1, the claim contains the statement “A data transmission method, performed by a layer 3 (L3) …"; however, the statement is unclear and vague. Does this statement mean that a data transmission method, performed by an apparatus located in layer 3 (L3)?
Claim 2-15 depends on claim 1, therefore it is rejected for the same reason as set forth in claim 1.
Regarding claim 17, the claim contains the statement “A data transmission method, applied to an MAC …"; however, the statement is unclear and vague. Does this statement mean that a data transmission method, applied to an apparatus located in medium access control (MAC) layer?
Claim 17 also contains the statement “…performing data transmission with an L3 via an MAC link, wherein a quantity of data to be transmitted is determined by the L3…”. Does this statement mean that performing data transmission with an apparatus located in layer 3 (L3) via an MAC link, wherein a quantity of data to be transmitted is determined by the apparatus located in L3?
Claim 19-20 and 31 depends on claim 17, therefore it is rejected for the same reason as set forth in claim 17.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-7, 9-13, 17, 19, 29, and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN_110943933_A_Qu (with English translation).
Regarding claim 1, Qu discloses a data transmission method, performed by a layer 3 (L3), comprising: determining data to be transmitted via a medium access control (MAC) link (Qu, translation, page 5, paragraph 12 “…the communication unit may dynamically adjust the data amount of the target data stream that is transmitted through each physical link…”), wherein a quantity of the data to be transmitted is determined such that a data buffer of an MAC function entity meets a transmission rate of the MAC link (Qu, translation, page 5, paragraph 12, “…the communication unit may dynamically adjust the data amount of the target data stream that is transmitted through each physical link. Specifically, the adjustment may be performed according to the transmission rate of the target data stream in the statistical period, or according to the load information of each physical link of the plurality of physical links, or according to the transmission rate of the target data stream in the statistical period and the load information of each physical link of the plurality of physical links…”, page 5 paragraph 13, “… the load information of each physical link includes a predicted queue utilization rate of a data sending queue of the physical link corresponding to the target data flow after a preset time length”, and page 9, paragraphs 6 – 7).
Regarding claim 2, Qu discloses the data transmission method according to claim 1, further comprising: transmitting corresponding data via the MAC link after the quantity of the data to be transmitted is determined according to data transmitting and receiving information on the MAC link (Qu, translation, page 5, paragraph 12, “…the communication unit may dynamically adjust the data amount of the target data stream that is transmitted through each physical link. Specifically, the adjustment may be performed according to the transmission rate of the target data stream in the statistical period, or according to the load information of each physical link of the plurality of physical links, or according to the transmission rate of the target data stream in the statistical period and the load information of each physical link of the plurality of physical links.”).
Regarding claim 3, Qu discloses the data transmission method according to claim 2, wherein the transmitting corresponding data via the MAC link after the quantity of the data to be transmitted is determined according to data transmitting and receiving information on the MAC link comprises: receiving data transmitting status information transmitted by each MAC link (Qu, translation, page 9, paragraph 7, “…the load information of the physical link may be a queue utilization rate of a data transmission queue of the physical link corresponding to the target data flow…”); and adjusting, according to the data transmitting status information transmitted by each MAC link, data to be transmitted via each MAC link (Qu, translation, page 9, paragraph 7, “…For a less loaded physical link, such as a physical link with a lower predicted queue utilization, the data amount of the target data stream transmitted over the physical link may be increased, and correspondingly, for a more loaded physical link, such as a physical link with a higher predicted queue utilization, the data amount of the target data stream transmitted over the physical link may be decreased. For example, if different packets of the target data stream are transmitted through the WLAN link 1 and the WLAN link 2, and the predicted queue utilization rates of the two WLAN links are 30% and 60%, respectively, the data amount of the target data stream allocated to the WLAN link 1 can be increased, and the data amount of the target data stream allocated to the WLAN link 2 can be decreased…”).
Regarding claim 4, Qu discloses the data transmission method according to claim 3, wherein the data transmitting status information is transmitted by the MAC in one of or a combination of following manners: the data transmitting status information is transmitted according to a status of the data buffer (Qu, translation, page 9, paragraph 7, “…the load information of the physical link may be a queue utilization rate of a data transmission queue of the physical link corresponding to the target data flow…”); the data transmitting status information is transmitted by the MAC periodically; the data transmitting status information is transmitted in response to a data transmitting request sent to the MAC.
Regarding claim 5, Qu discloses the data transmission method according to claim 3, wherein the determining data to be transmitted via the MAC link is performed according to the data transmitting status information transmitted by the MAC (Qu, translation, page 9, paragraph 7, “…For a less loaded physical link, such as a physical link with a lower predicted queue utilization, the data amount of the target data stream transmitted over the physical link may be increased, and correspondingly, for a more loaded physical link, such as a physical link with a higher predicted queue utilization, the data amount of the target data stream transmitted over the physical link may be decreased. For example, if different packets of the target data stream are transmitted through the WLAN link 1 and the WLAN link 2, and the predicted queue utilization rates of the two WLAN links are 30% and 60%, respectively, the data amount of the target data stream allocated to the WLAN link 1 can be increased, and the data amount of the target data stream allocated to the WLAN link 2 can be decreased…”), and/or the determining data to be transmitted via the MAC link is performed according to data received by the L3 from an upper layer.
Regarding claim 6, Qu discloses the data transmission method according to claim 3, further comprising: after the data transmitted by the upper layer is received, transmitting the received data directly to the MAC, or firstly buffering the received data and then transmitting to the MAC (Qu, translation, page 9, paragraph 7, queuing for the data packet of the target data stream).
Regarding claim 7, Qu discloses the data transmission method according to claim 3, further comprising: after the data transmitted by the MAC is received, transmitting the received data sequentially to an upper layer (Qu, translation, page 9, paragraph 8, “Step S160: and the second equipment receives the data packets of the target data stream through the N physical links and sequences the received data packets of the target data stream according to the main sequence number of each received data packet of the target data stream”, and page 3 paragraph 11, “When the primary sequence numbers of two data packets belonging to the target data stream continuously received by the receiving device are not continuous, disorder may occur, and packet loss may also occur. Since the data packets transmitted through a single physical link are not always out of order, if the two data packets are transmitted through the same physical link and the sub-sequence numbers are not continuous, it can be determined that the packet loss occurs between the two data packets, and the packet loss is not necessarily out of order. Thus, the combination of the sub-sequence number and the main sequence number can be used for more accurate out-of-order detection.”).
Regarding claim 9, Qu discloses the data transmission method according to claim 1, further comprising: in case that there are multiple MAC links, selecting an MAC link and/or switching a sequence number (SN) of data to be transmitted via the MAC link when transmitting data (Qu, translation, page 9, paragraph 7 “…one of the N physical links may be a main link, for example, a WLAN link established through a 5G network card may be the main link. When the predicted queue utilization rate of the main link is lower than or equal to a preset utilization rate threshold, sending the data packet of the target data stream only through the main link; and when the predicted queue utilization rate of the main link is higher than a utilization rate threshold value, sharing part of data packets of the target data flow to other physical links for transmission…”).
Claims 12 and 13 further define an alternative of claim 9 (selecting an MAC link and/or switching a sequence number (SN)). As discussed above, Qu discloses “selecting an MAC link” and thus all the limitations of claims 12 and 13 have been met by addressing the alternative.
Regarding claim 10, Qu discloses the data transmission method according to claim 9, wherein an MAC link for transmitting data is selected after the MAC links are sorted according to measurement quantities reported on each MAC link; and/or, whether to activate SN switching is determined according to data transmitting information of each MAC link (Qu, translation, page 9, paragraph 7 “The first device may specifically detect load information of each physical link according to a preset detection cycle length (e.g., 10 ms)… one of the N physical links may be a main link, for example, a WLAN link established through a 5G network card may be the main link. When the predicted queue utilization rate of the main link is lower than or equal to a preset utilization rate threshold, sending the data packet of the target data stream only through the main link; and when the predicted queue utilization rate of the main link is higher than a utilization rate threshold value, sharing part of data packets of the target data flow to other physical links for transmission…”).
Regarding claim 11, Qu discloses the data transmission method according to claim 9, wherein, when transmitting data, a total quantity of data to be transmitted via each MAC link is determined according to buffer occupancy (BO) condition (Qu, translation, page 9, paragraph 7, queue utilization rate) and a data transmission rate reported by each MAC (Qu, translation, page 9, paragraph 6, transmission rate), and a quantity of data received by the L3 from an upper layer (Qu, translation, page 9, paragraph 6, “…The transmission rate of the target data stream in the current statistical period may be specifically characterized by the data amount (such as the number of data packets, the number of bytes, and the like) of the target data stream received from the upstream device or sent to the second device counted in the current statistical period…”).
Regarding claim 17, Qu discloses the limitations as set forth in claim 1.
Regarding claim 19, Qu discloses the data transmission method according to claim 17, further comprising: transmitting data transmitting status information to the L3 (Qu, translation, page 14, paragraph 1 “The value of Bit0 of the Status field indicates whether the data stream is currently transmitted by a single physical link or by multiple physical links, and the value of Bit 1-3 of the Status field is used for indicating whether the data transmission mode adopted by the data stream is multiple-transmission and selective-reception or load balancing”).
Regarding claim 29, Qu discloses the limitations as set forth in claim 1, and a data transmission apparatus, located in an L3, comprising: a processor, a transceiver, configured to receive and transmit data under the control of the processor (Qu, translation, page 14, paragraph 12 “According to embodiment 1 of the present application, embodiment 4 of the present application provides a communication apparatus 1000. As shown in fig. 8, the communication device 1000 includes a processor 1010 and a plurality of communication interfaces 1020”).
Regarding claim 31, Qu discloses a data transmission apparatus, located in an MAC, comprising: a processor, configured to read a program in a memory to implement the data transmission method according to claim 17 (Qu, translation, page 15, paragraph 4 and 6).
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN_110943933_A_Qu (with English translation) in view of US_20210160858_A1_Wu.
Regarding claim 8, Qu discloses the data transmission method according to claim 1, but does not disclose further comprising: performing transmission of measurement quantities and data packets by using logical channels different from or same as logical channels used by the MAC.
Wu discloses further comprising: performing transmission of measurement quantities and data packets by using logical channels different from or same as logical channels used by the MAC (Wu paragraph 31, “The MAC layer allocating the Uplink Grant to different data for use is controlled according to the order of priorities of different logical channels”, and paragraph 83, “the first data and the data transmitted by the upper layer to the MAC layer may come from a same logical channel or different logical channels”).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Wu’s suing multiple logical channels in Qu’s system to organize and differentiate data types over shared radio resources. This method for improving the system of Qu was within the ordinary ability of one of ordinary skill in the art based on the teachings of Wu. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Qu and Wu to obtain the invention as specified in claim 8.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN_110943933_A_Qu (with English translation) in view of US_20220116149_A1_Yang.
Regarding claim 14, Qu discloses the data transmission method according to claim 9, but does not disclose wherein, when receiving data in a hybrid automatic repeat request (HARQ) process, each data packet received in the HARQ process carries a preceding HARQ process identifier (ID) corresponding to the data packet.
Yang discloses when receiving data in a hybrid automatic repeat request (HARQ) process, each data packet received in the HARQ process carries a preceding HARQ process identifier (ID) corresponding to the data packet (Yang paragraph 232, “The data packet carries data block identification information, and the data block identification information may correspond to an HARQ ID or a TID. The value of the data block identification information is used for indicating whether the current data packet includes a data block of a corresponding HARQ ID or a corresponding TID”).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Yang’s data packet includes a data block of a corresponding HARQ ID or a corresponding TID in Qu’s system to enable the receiver to identify, manage, and correctly combine retransmitted data packets. This method for improving the system of Qu was within the ordinary ability of one of ordinary skill in the art based on the teachings of Yang. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Qu and Yang to obtain the invention as specified in claim 14.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN_110943933_A_Qu (with English translation) in view of US_20180324637_A1_Deng.
Regarding claim 15, Qu discloses the data transmission method according to claim 1, but does not disclose wherein, when transmitting data, an SN length corresponding to a transmitting window and a receiving window is determined according to a data transmission rate and a service quality of service (QoS) property.
Deng discloses wherein, when transmitting data, an SN length corresponding to a transmitting window and a receiving window is determined according to a data transmission rate and a service quality of service (QoS) property (Deng paragraph 14, “Optionally, wherein the element in the set of unacknowledged sequence number length may be determined by the transmitter according to one or more of parameters below: the number of data radio bearers; a transmission rate; a service quality requirement; a size of the RLC data packets; and a maximum transmission number of the RLC data packets in a transmission time interval”).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Deng’s sequence number length may be determined by the transmitter according to a transmission rate and a service quality requirement in Qu’s system to reduce collision risk at high speed data transmission. This method for improving the system of Qu was within the ordinary ability of one of ordinary skill in the art based on the teachings of Deng. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Qu and Deng to obtain the invention as specified in claim 15.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN_110943933_A_Qu (with English translation) in view of US_20210160858_A1_Wu.
Regarding claim 20, Qu discloses the data transmission method according to claim 19, but does not disclose wherein the data transmitting status information is transmitted in one of or a combination of following manners: the data transmitting status information is transmitted according to a status of the data buffer; the data transmitting status information is transmitted periodically; the data transmitting status information is transmitted in response to a data transmitting request sent by the L3.
Ohta discloses wherein the data transmitting status information is transmitted in one of or a combination of following manners: the data transmitting status information is transmitted according to a status of the data buffer; the data transmitting status information is transmitted periodically; the data transmitting status information is transmitted in response to a data transmitting request sent by the L3 (Ohta paragraph 93, “…since a device on a reception side periodically transmits a status report (SR) to the PDCP layer, the status report makes it possible to determine whether a packet has been received successfully…”).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Ohta’s transmits a status report periodically in Qu’s system to makes it possible to determine whether a packet has been received successfully (Ohta paragraph 93). This method for improving the system of Qu was within the ordinary ability of one of ordinary skill in the art based on the teachings of Ohta. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Qu and Ohta to obtain the invention as specified in claim 20.
Conclusion
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/W.H/Examiner, Art Unit 2471
/MOHAMMAD S ADHAMI/Primary Examiner, Art Unit 2471