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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 22-41 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. Regarding claim 22, the broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim. If the claimed invention requires the first condition to occur, then the broadest reasonable interpretation of the claim requires step A. If the claimed invention requires both the first and second conditions to occur, then the broadest reasonable interpretation of the claim requires both steps A and B. The conditional statement, “based on receiving the message, if each of one or more conditions are fulfilled, sending from the radio network layer to the application layer an instruction on how the application layer is to handle the application layer configuration, wherein the instruction on how the application layer is to handle the application layer configuration is an instruction that the application layer is to reconfigure or replace at least a part of the application layer configuration.” the respective functions are not required to be performed if the respective condition does NOT happen. In order to give a patentable weight for the contingent limitations, the limitations should be amended by adding the respective determining steps for the conditions. Further, for independent claims 22 and 32 Hu discloses the UE receiving a first message (instructions) and then modifying/reconfiguring the application layer configuration. Regarding claims 28 and 38 upon further clarification the 112(b) is withdrawn.
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.
Claims 22-27, 29-37, and 39-41 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by HU et al. (US 20230308925 A1, hereinafter Hu).
Regarding claims 22 and 32, Hu discloses:
configuring an application layer of the wireless device with an application layer configuration that governs performance of measurements at the application layer and/or reporting of those measurements to a radio network layer of the wireless device; (Paragraph [0178], “When the upper layer of the AS of the UE needs to report the application layer measurement result based on the application layer measurement configuration information”)
after configuring the application layer with the application layer configuration, receiving at the radio network layer a message indicating a target configuration with which the wireless device is to be configured in association with a radio network layer procedure; (Paragraph [0205], “The terminal determines, based on the first message, whether to retain the first application layer measurement configuration information, and performs the following step S6041 or step S6042.” And Paragraph [0209], “Alternatively, the first message may be a message indicating a full configuration. Optionally, the message indicating the full configuration may be an RRC reconfiguration message.” Fig. 6 depicts the process of app layer configuration. The first message happens after configuring the app layer and indicates a target configuration. )and based on receiving the message, if each of one or more conditions are fulfilled, sending from the radio network layer to the application layer an instruction on how the application layer is to handle the application layer configuration. (Paragraph [0205], “The terminal determines, based on the first message, whether to retain the first application layer measurement configuration information, and performs the following step S6041 or step S6042.” And Paragraph [0209], “Alternatively, the first message may be a message indicating a full configuration. Optionally, the message indicating the full configuration may be an RRC reconfiguration message.” The indication of a full configuration is a trigger condition (as indicated in the specs) that determines the retainment of measurement configuration of the app layer.)
wherein the instruction on how the application layer is to handle the application layer configuration is an instruction that the application layer is to reconfigure or replace at least a part of the application layer configuration. (Paragraph [0328], “After the UE receives the first message, the UE modifies the indication information, to indicate that the information about the first application layer measurement configuration is from the MN.” And paragraph [0015], “the terminal receives a first message from a second base station, where the first message indicates whether to retain the first application layer measurement configuration information;” The UE waits for the first message which is instructions on how to handle the app layer configuration then is able to modify/replace/reconfigure it.)
Specifically for claims 32 and 45 Hu discloses:
communication circuitry; (paragraph [0096], “The apparatus may be a smart terminal, a wearable device, or the like. The communication unit may be a transceiver or a transceiver circuit.”)
and processing circuitry (Paragraph [0094], “the apparatus includes one or more processors, and may further include a communication unit. The one or more processors are configured to support the apparatus in performing a corresponding function of a terminal”)
Regarding claims 23 and 33 Hu discloses:
wherein the radio network layer procedure is a procedure for handing over a radio network layer connection of the wireless device from a source network node to a target network node or a procedure for resuming or re-establishing at a target network node a radio network layer connection previously established at a source radio network node, and wherein the target configuration is a configuration with which the wireless device is to be configured for being served by the target network node. (Paragraph [0188], “For example, in a handover scenario, a target base station, for example, a target master node in an MR-DC scenario, or a target serving base station in a non-MR-DC scenario… when configuring an RRC protocol version for the UE, the target base station cannot understand content configured by the source base station for the UE. In this case, the target base station sends a full configuration indication to the UE.”)
Regarding claims 24 and 34 Hu discloses:
wherein the one or more conditions include one or more of: a condition that the message indicates a full configuration option is applicable for the message, wherein according to the full configuration option the wireless device is to be configured with the target configuration independent of any previous configuration of the wireless device; (Paragraph [0205], “The terminal determines, based on the first message, whether to retain the first application layer measurement configuration information, and performs the following step S6041 or step S6042.” And Paragraph [0209], “Alternatively, the first message may be a message indicating a full configuration. Optionally, the message indicating the full configuration may be an RRC reconfiguration message.”)
or a condition that a target network node of the radio network layer procedure lacks full support of the application layer configuration.
Regarding claims 25 and 35 Hu discloses:
wherein the one or more conditions include one or more of: a condition that a target network node of the radio network layer procedure and a source network node of the radio network layer procedure are different network nodes; or a condition that the wireless device successfully connects to a target network node or cell of the radio network layer procedure; or a condition that the wireless device disconnects from a source network node or cell of the radio network layer procedure. (Paragraph [0188], “For example, in a handover scenario, a target base station, for example, a target master node in an MR-DC scenario, or a target serving base station in a non-MR-DC scenario… when configuring an RRC protocol version for the UE, the target base station cannot understand content configured by the source base station for the UE. In this case, the target base station sends a full configuration indication to the UE… after the UE receives the newly delivered application layer measurement configuration…” In handover the UE disconnects from the source to the new target then receives new configuration on how to handle the app layer. Also all 3 conditions can happen in handover because target and source must be different and an ack for the success will be sent at the end of the procedure.)
Regarding claims 26 and 36 Hu discloses:
wherein the instruction on how the application layer is to handle the application layer configuration is an instruction that the application layer is to: delete or suspend at least a part of the application layer configuration; and/or reconfigure or replace at least a part of the application layer configuration; and/or stop or suspend performance of one or more actions governed by the application layer configuration. (Paragraph [0185], “retaining the application layer measurement configuration may also be described as restoring the application layer measurement configuration, or continuing previous QoE measurement, and deleting the application layer measurement configuration may be described as clearing the application layer measurement configuration, or releasing the application layer measurement configuration, or not retaining or restoring the application layer measurement configuration, or not continuing previous QoE measurement, or the like.” And paragraph [0247], “the AS of the UE can notify the upper layer of the AS to release the first application layer measurement configuration or to suspend QoE measurement”)
Regarding claims 27 and 37 Hu discloses:
Wherein: the at least a part of the application layer configuration that is to be deleted, suspended, reconfigured, or replaced according to the instruction is a part that governs reporting of the measurements to the radio network layer and excludes a part that governs performance of the measurements at the application layer; (Paragraph [0247], “When the first application layer measurement configuration is not to be retained… In Manner 2, the upper layer of the AS of the UE continues to store the specific content in the first application layer measurement configuration.” In manner 2 the parts that governs performance of the measurements at the application layer is stored locally, but the reporting is deleted as a part of the release.)
and/or the one or more actions whose performance is to be stopped or suspended according to the instruction includes reporting of the measurements to the radio network layer and excludes performance of the measurements at the application layer.
Regarding claims 28 and 38 Hu discloses:
wherein the instruction on how the application layer is to handle the application layer configuration is an instruction that the application layer is to delete at least some measurement data collected in accordance with the application layer configuration. (Paragraph [0027], “each service type corresponds to only one application layer measurement configuration, a service type may be indicated to indicate that an application layer measurement configuration corresponding to the service type is to be retained or released” and paragraph [0187], “the UE can release a previous application layer measurement configuration. For example, for management-based QoE measurement, a new base station may not receive a QoE measurement configuration from a network management system, for example, an OAM or an EM. In this case, the UE can release the previous application layer measurement configuration.” The retainment or release instruction derives from the first message. The release/delete of the service type also releases/deletes the QoE measurement data.)
Regarding claims 29 and 39 Hu discloses:
wherein the application layer is configured with multiple concurrent application layer configurations, and wherein the instruction indicates to which of the multiple concurrent application layer configurations the instruction applies. (Paragraph [0196], “the first application layer measurement configuration information may be one of a plurality of pieces of application layer measurement configuration information. Different application layer measurement configuration information corresponds to different service types, or the application layer measurement configuration information is in a one-to-many correspondence to the service types.”)
Regarding claims 30 and 40 Hu discloses:
wherein: the radio network layer is a radio resource control layer; and/or the application layer configuration is a quality of experience (QoE) measurement and/or reporting configuration that governs performance of QoE measurements at the application layer and/or reporting of the QoE measurements to the radio network layer. (Paragraph [0198], “The terminal performs quality of experience QoE measurement based on the first application layer measurement configuration information.”)
Regarding claims 31 and 41 Hu discloses:
receiving the instruction at the application layer, and handling the application layer configuration at the application layer in accordance with the received instruction. (Paragraph [0015], “the terminal receives a first message from a second base station, where the first message indicates whether to retain the first application layer measurement configuration information;“ Instructions comes in to the app layer and tells it to retain the current config or not.)
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: The primary reason for the allowance of claims 42and 45 is the inclusion of the limitation “wherein said at least temporarily preserving comprises: starting a timer upon the wireless device disconnecting from the radio network node; and preserving the application layer configuration until the timer expires.” In conjunction with all disclosed steps of functions or all disclosed structures performing corresponding functions in claims 42 and 45.
Hu (US 20230308925 A1) discloses application layer configuration modification (suspends, delete, replace) as well as measurement configuration reporting. (Paragraph [0185], “retaining the application layer measurement configuration may also be described as restoring the application layer measurement configuration, or continuing previous QoE measurement, and deleting the application layer measurement configuration may be described as clearing the application layer measurement configuration, or releasing the application layer measurement configuration, or not retaining or restoring the application layer measurement configuration, or not continuing previous QoE measurement, or the like.” And paragraph [0247], “the AS of the UE can notify the upper layer of the AS to release the first application layer measurement configuration or to suspend QoE measurement”). However, Hu does not teach a network side timer that preserves the application layer configuration until the time expires.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM P CAO whose telephone number is (571)270-0614. The examiner can normally be reached M-F 8:30-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jae Y Lee can be reached at 5712703936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NAM P. CAO/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479
Prosecution Insights