DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. The instant application claims PCT/KR2021/016299, Filing Date: 11/10/2021 and claims foreign priority to 10-2020-0163734, filed 11/30/2020.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted, IDS - 11/17/2023 and 12/04/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 3, 5, 8 and 10 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.
Claim 3 recite the limitation "The method of claim 2, wherein stopping the RA procedure" in line 1 of corresponding claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes Claim 3 will be read as if dependent of claim 1 (instead 2), should be corrected as “The method of claim 1, wherein the stopping the RA procedure”.
Claim 5 recite the limitation "The method of claim 1, wherein stopping the RA procedure" in line 1 of corresponding claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes Claim 5 will be read and should be corrected as “The method of claim 1, wherein the stopping the RA procedure”.
Claim 8 recite the limitation "The method of claim 7, wherein stopping the RA procedure" in line 1 of corresponding claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes Claim 3 will be read as if dependent of claim 6 (instead 7), should be corrected as “The method of claim 6, wherein the stopping the RA procedure”.
Claim 10 recite the limitation "The method of claim 6, wherein stopping the RA procedure" in line 1 of corresponding claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes Claim 10 will be read and should be corrected as “The method of claim 6, wherein the stopping the RA procedure”.
Claim Rejections - 35 USC § 102
6. 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 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.
7. 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.
8. Claims 1-3, 5-8, and 10-14 are rejected under 35 U.S.C. 102(a)(2) as being
anticipated by Kim et al. (US-20230247715-A1 priority to prov. 63/024,827, filed May 14, 2020. Drawings are identical to main disclosures and specifications are referred from both the disclosures with their paragraph numbers) hereinafter Kim et al.
Regarding Claim 1,
Kim discloses, ‘A method [[for]]of performing operations for a user equipment (UE) in[[at]] a wireless communication system, the method comprising: upon a reception of a Packet Data Convergence Protocol (PDCP) service data unit (SDU) from an upper layer, starting a discard timer related to the PDCP SDU’ (Fig. 1 illustrates a wireless communication system between the UE and a one or more access network or a BS. Claim subject matter: receive PDCP SDU from an upper layer and then start discard timer related to the PDCP SDU. Performed by random access procedure includes discard timer to transmit small data or SDT procedure.
Regarding PDCP SDU: Fig. 4A illustrates data flow UP stack and Fig. 4B an example of MAC PDU. And, further define the terms both SDU and PDU. The data unit from/to a higher protocol layer is referred to as a service data unit (SDU) of the lower protocol layer and the data unit to/from a lower protocol layer is referred to as a protocol data unit (PDU) of the higher protocol layer [0081]. More specifically, Fig. 4A illustrates PDCP SDU from an upper layer. The wireless terminal may receive from a base station one or more messages (e.g. RRC messages) comprising configuration parameters includes indicating timers for physical, MAC, RLC, PCDP, SDAP, RRC layers [0224] and prov. [0206]; A timer that measure time window for random access procedure and relate to PDCP SDU is a discard timer [0224-0225] (prov. 206 and 207); The device perform SDT by random access before discarding i.e. SDT Random access [0504], prov. [0296];
Fig. 18 illustrates the wireless terminal receive from the BS as part of switch between cell and while in RRC inactive send an RRC request message to lower layers (e.g., PDCP layer) [0238]. And, discard/release resources RBs an associated PDCP [0239], prov. [0213-0214]; A UE-RRC layer may receive an RRC setup/resume message comprises configurations: radio bearers (RBs) configuration that includes PDCP configuration parameters reestablish PDCP indication and/or discard PDCP [0240], prov. [0215];
Kim discloses, ‘based on the discard timer related to the PDCP SDU, initiating a random access (RA) procedure for a new transmission’ (The UE perform one or more procedures that includes initiates a random access procedure and start the timer [0225-0226], prov. [0208]);
And Kim discloses, ’and based on the PDCP SDU being discarded due to an expiration of the discard timer before completion of the RA procedure, stopping the RA procedure.’ (a random access response window timer may be used for measuring a window of time for receiving a random access response [0225], and time duration of RA procedure related as discard timer. A UE-RRC layer may receive an RRC reconfiguration message with reconfiguration sync and perform a random access procedure to a base station indicated in the reconfiguration sync [0258]. The reconfiguration with sync may comprise a reconfiguration timer. Based on expiry of the reconfiguration timer, releases RBs [0270, 0274] that discards the PDCP as RB configuration parameters includes PDCP configurations and/or discard PDCP [0240], prov. [0215] )
Regarding Claim 2,
‘The method of claim 1’ (disclosed above),
Kim discloses, ‘further comprising: transmitting a first RA message for transmitting a medium access control [[the ]]{MAC} protocol data unit (PDU) including the PDCP SDU’ (Fig. 4A illustrates downlink data flow UP stack and 4B illustrates MAC PDU. That is, PDCP SDU-> MAC SDU; And, MAC PDU combines H+ MAC CE + MAC SDU. MAC CEs may be inserted at the beginning of a MAC PDU for downlink transmissions (as shown in FIG. 4B) and at the end of a MAC PDU for uplink transmissions. for activation/deactivation of PDCP, and random access related MAC CEs. A MAC CE may be preceded by a MAC sub-header with a similar format as described for MAC SDUs and may be identified with a reserved value in the LCID field that indicates the type of control information included in the MAC CE [0084], prov. [0082-0083]. Fig. 13 illustrates four-step or two-step random access procedure includes configuration message. One or more RRC message includes RACH parameters for the terminal. The terminal transmits the first RA either can be connected/inactive state [0179], prov. [0177-0179]);
Kim discloses, ‘monitoring a second RA message as a positive response of the first RA message; and based on the second RA message being not received while the discard timer is running, retransmitting the first RA message.’ ( After transmitting a preamble, the UE may start a time window (e.g., ra-ResponseWindow) to monitor a PDCCH for the RAR. the UE may determine that a random access procedure successfully completes after or in response to transmission of Msg 1, first RA 1321 and reception of a corresponding Msg 2 1322. The UE may determine that a random access procedure successfully completes. RAR comprises a MAC PDU [0191], prov. [0171, 0173]. The UE may perform a preamble retransmission if no response is received following a preamble transmission and determine that a random access procedure completed unsuccessfully [0184], prov. [0167])
Regarding Claim 3,
‘The method of claim 2’ (disclosed above),
Kim discloses ‘wherein stopping the RA procedure comprises monitoring of the second RA message is stopped.’ (A releasing RRC connection may comprises: MAC PDU reset, release RLC, MAC configuration and associated PDCP entity [0368]; the terminal perform mac reset, stop ongoing RACH procedure [0343], prov. [0281,0285]; The base station may transmit, to the UE, RRC messages comprising configuration parameters indicates a number of PDCCH candidates to be monitored, Fig. 14. Thus, stops monitoring due to the RACH is stopped [0191])
Regarding Claim 5,
‘The method of claim 1’ (disclosed above),
Kim discloses, ‘wherein stopping the RA procedure comprises discarding a medium access control (MAC) protocol data unit (PDU) including the PDCP SDU the MAC PDU by flushing a buffer related to the RA procedure.’ (as part of MAC reset procedure stop on going RACH and flush message buffer, trigger buffer status release RLC, MAC configuration and associated PDCP entity [0343-0356], [0368-0372], prov. [0281, 0285]. And, RRC inactive may flush HARQ buffer [0449], prov. [0282]. RRC reconfiguration sync involve random access, MAC reset, RLC and PDCP [0257] prov. [0222]. Small data transmission in RRC idle or inactive [0372-0382], prov. [0290])
Regarding Claim 13,
‘The method of claim 1’ (disclosed above), ‘wherein the UE is in a radio resource control (RRC) INACTIVE state.’ (disclosure claim 1-5 includes small data transmission RRC release in RRC inactive. RRC release configuration BWP associated with suspend configuration. Further, configuration message uses one or more RRC message for random access procedure of RACH channels in RRC inactive [0179] in Fig. 13. A UE-RRC layer receive a RRC setup/resume configurations includes RBs configuration discard PDCP. Based on the RRC resume message UE-RRC layer discard UE inactive release configuration [0239-0245], [0323], prov. [0162], [0215]. While switching between cells, A BS sends RRC release message comprise release RB associated entity includes PDCP entity to an inactive [0239-0240], prov. [0285])
Regarding Claim 6,
Identical to Claim 1 (method claim only includes configuration), disclosed above, ‘A user equipment (UE) configured to operate in a wireless communication system, the UE comprising: at least one transceiver; at least one processor; and at least one computer memory operably connectable to the at least one processor and storing instructions that, when executed, cause the at least one processor to perform operations comprising:’ (A UE receive configuration from a BS comprises parameters includes MAC, RLC, PCDP, SDAP, RRC layers for configuring the wireless device [0224], prov. [0206])
Identical to claim 1 disclosed above, ’upon a reception of a Packet Data Convergence Protocol (PDCP) service data unit (SDU) from an upper layer, starting a discard timer related to the PDCP SDU; based on the discard timer related to the PDCP SDU, initiating a random access (RA) procedure for a new transmission; and based on the PDCP SDU being discarded due to an expiration of the discard timer before completion of the RA procedure, stopping the RA procedure.’
Regarding Claim 7,
‘The UE of claim 6’ (disclosed above),
Identical to claim 2 above, ‘wherein the operations further comprise: transmitting a first RA message for transmitting a medium access control (MAC) protocol data unit (PDU) including the PDCP SDU; monitoring a second RA message as a positive response of the first RA message; and based on the second RA message being not received while the discard timer is running retransmitting the first RA message.’
Regarding Claim 8,
‘The UE of claim 7’ (disclosed above and should be read as ‘the UE of Claim 6’),
Identical to claim 2 above, ‘wherein stopping the RA procedure comprises monitoring of the second RA message is stopped.’
Regarding Claim 10,
‘The UE of claim 6’ (disclosed above),
Identical to Claim 5 disclosed above, ‘wherein stopping the RA procedure comprises discarding a medium access control (MAC) protocol data unit (PDU) including the PDCP SDU by flushing a buffer related to the RA procedure.’
Regarding Claim 14,
‘The UE of claim 6’ (disclosed above),
Identical to Claim 13 disclosed above, ‘wherein the UE is in a radio resource control (RRC) INACTIVE state.’
Regarding Claim 11,
Apparatus/device claim of Claim 1 (method claim), disclosed above, ‘An apparatus for a user equipment (UE), the apparatus comprising: at least one processor; and at least one computer memory operably connectable to the at least one processor and storing instructions that, when executed, cause the at least one processor to perform operations comprising: upon a reception of a Packet Data Convergence Protocol (PDCP) service data unit (SDU) from an upper layer, starting a discard timer related to the PDCP SDU; based on the discard timer related to the PDCP SDU, initiating a random access (RA) procedure for a new transmission; and based on the PDCP SDU being discarded due to an expiration of the discard timer before completion of the RA procedure, stopping the RA procedure.’ (processing module processor and memory [0217], prov. [0199-0200])
Regarding Claim 12,
Identical to Claim 1 and 11 disclosed above, ‘A computer readable storage medium storing at least one computer program comprising instructions that, when executed by at least one processor, cause the at least one processor to perform operations for a user equipment (UE), the operations comprising: upon a reception of a Packet Data Convergence Protocol (PDCP) service data unit (SDU) from an upper layer, starting a discard timer related to the PDCP SDU; based on the discard timer related to the PDCP SDU, initiating a random access (RA) procedure for a new transmission; and based on the PDCP SDU being discarded due to an expiration of the discard timer before completion of the RA procedure, stopping the RA procedure.’ (computer readable medium and instructions [0217], prov. [0199-0200])
Claim Rejections - 35 USC § 103
9. In the event the determination of the status of the application as subject to AIA 35
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will
not be considered a new ground of rejection if the prior art relied upon, and the rationale
supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all
obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the
claimed invention is not identically disclosed as set forth in section 102, if the
differences between the claimed invention and the prior art are such that the
claimed invention as a whole would have been obvious before the effective filing
date of the claimed invention to a person having ordinary skill in the art to which
he claimed invention pertains. Patentability shall not be negated by the manner
in which the invention was made.
10. The factual inquiries for establishing a background for determining obviousness
under 35 U.S.C. 103 are summarized as follows:
• Determining the scope and contents of the prior art.
• Ascertaining the differences between the prior art and the claims at issue.
• Resolving the level of ordinary skill in the pertinent art.
• 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.
11. Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable
over Kim et al. in view of Ohta et al. (US-20240063955-A1) hereinafter “Ohta”
Regarding Claim 4,
‘The method of claim 1’ (disclosed above),
Regarding the claim element, ‘based on the expiration of the discard timer before completion of the RA procedure, the discard timer expiring before the RA procedure is completed, a message for notifying the expiration an expiring of the discard timer is transmitted from the PDCP entity of the UE to the MAC entity of the UE.’
Kim discloses, ‘based on the expiration of the discard timer before completion of the RA procedure, the discard timer expiring before the RA procedure is completed’ Disclosed in Claim 1 above further, RRC setup/resume configuration include PDCP configuration parameters for discard PDCP and perform random access procedure [0239, 0240, 0256] and expiration of timer [0274],
And didn’t disclose, ‘a message for notifying the expiration an expiring of the discard timer is transmitted from the PDCP entity of the UE to the MAC entity of the UE’.
Ohta in the same field of endeavor discloses, notification from the PDCP entity to the MAC entity by a flow chart of buffer control method for PDCP processing Fig. 5. Flow diagram: start/set discard timer -> acquire maximum transmission time for MAC -> determine whether discard timer has expired -> checks the notification of successful reception and discard packets as illustrated Fig. 5. [0089-0093]. The PDCP processing unit 201 acquires a maximum transmission time representing one of parameters for priority control in the MAC processing unit 203 (step S202). The maximum transmission time is used as a time until a packet is to be discarded. And, control for a lower layer, that is, the MAC layer, and a time until a packet is to be discarded is set [0091]. Periodically transmits status report and determined whether the maximum transmission time for priority control, in the MAC layer, has expired [0093]. Disclosure specifically emphasize the processing within a cross layer are similar (e.g., between the PDCP layer and the MAC layer in a layer 2) and simpler than between layers such as an application layer and the layer 2 [0098]
Therefore, a person in the ordinary skill in the art before the effective filing date of
the claim invention would have recognized that the disclosure of Kim and to include
with that of Ohta to come up with the claim invention;
someone would recognize buffer control method and procedure that includes data temporarily stored in a buffer, in the RLC layer or the PDCP layer, until a transmitting device transmits the data. The data stored in the buffer is discarded when a discard timer set beforehand has expired. Further, buffer has a latency requirements disclosed by Ohta [0050]. A time defining one of discard conditions for a packet for the PDCP layer is set in accordance with a maximum transmission time for priority control for the MAC layer, and a packet for which the maximum transmission time has expired after storing the data is discarded from the buffer for the PDCP layer. Therefore, it is possible to shorten a buffering time within which a packet is held in the buffer, and, even when low latency data is generated as new transmission data, it is possible to reduce latency until the low latency data is to be transmitted [0095].
Disclosure of Kim includes, a NR UP protocol stacks as shown in Fig. 3 and Fig. 4 MAC PDU structure may reduce processing time and associated latency [0082], prov. [0081] and an importance of low latency transmission [0121], prov. [0104] that is for small data transmission in RRC inactive [00372], prov. [0290]. Someone would be motivated to identify the latency requirement for small data transmission and need buffer control procedures. Also cross layer between the PDCP and the MAC layer notification to specify the discard packet as disclosed by Ohta Fig. 5, [0098].
Regarding Claim 9,
‘The UE of claim 6’ (disclosed above),
Identical to Claim 4 disclosed above, ‘based on the expiration of the discard timer before completion of the RA procedure, a message for notifying the expiration of the discard timer is transmitted from the PDCP entity of the UE to the MAC entity of the UE.’
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure:
Tsai (US10582418B2), Fig. 1 illustrates the wireless communication between the UE and an access network. At reception of a PDCP SDU from upper layers, the UE shall: start the discard Timer associated with this PDCP SDU Col. 29 [0028-0032]; The PDCP layer may start a discard timer associated with the packet. When the discardTimer expires, the PDCP layer may indicate to RLC to discard Col. 35 [0063];
Jin et al. (US11265920B2), Fig. 11 illustrates switch from serving to a new node, A UE attempts random access to the target cell indicated by serving node. After transmitting the preamble, the UE 1101 monitors whether a Random Access Response (RAR) is transmitted from the target cell 1103. The procedure follows start timer and ends on completion. When the RAR is not received for the specific time (that is, the timer T304-short expires), the UE discards the dedicated random access resources and transfers a preamble through the common random access resources in step 1360, Fig. 13. And, retransmission of PDCP SDUs in Fig. 17 and Fig. 18.
3GPP TS 36.323 v14.5.0 017-12, 3rd Generation Partnership Project; Technical Specification Group Radio Access Network; Evolved Universal Terrestrial Radio Access (E-UTRA); Packet Data Convergence Protocol (PDCP) specification. Disclosure: PDCP structures, services to upper/lower layers, PDCP procedures section 5 page 13 to 22, PDCP data/control PDU, PDCP discard/discard timer page 22, PDCP status report.
Rest of cited references, please see PTO-892.
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/S.A./Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466