DETAILED ACTION
This is in response to applicant's communication filed on 01/12/2026, wherein:
Claim 1-30 are pending.
Claim 1-2, 4-8, 18, and 29 are amended.
Response to Arguments
Applicant’s arguments with respect to pending claims have been considered but are moot because the new ground of rejection is based on the broadest reasonable interpretation in light of specification for QoE configuration.
(1) On page 11-12 of Applicant’s response, Applicant argues that Shi does not anticipate "transmitting, to a second node, a request message indicating a handover of a user equipment (UE) and a quality of experience (QoE) configuration for the UE; receiving, from the second node, a response message indicating that QoE reporting for the QoE configuration is to be suspended or resumed" (claim 8). Shi teaching discloses that the handover command message may include an indication indicating whether QoE measurement reporting is allowed or supported at the target radio network node. However, the indication that QoE reporting support does not disclose or suggest "transmitting, to a second node, a request message indicating a handover of a user equipment (UE) and a quality of experience (QoE) configuration for the UE; receiving, from the second node, a response message indicating that QoE reporting for the QoE configuration is to be suspended or resumed".
(2) On page 12-14 of Applicant’s response, Applicant argues that the combined teaching of Shi and Liu failed to address the claimed invention of claim 1. Shi describes a target node that does not support QoE reporting, and describes informing a UE if the node does not support the reporting, so that the UE does not send the reports to the target node. However, refraining from sending QoE reports when a node does not support QoE reporting, does not disclose or suggest "receiving, from the first node, a message indicating a handover to a second node that does not support the QoE configuration; and performing, after completion of the handover to the second node, QoE measurements in accordance with the QoE configuration".
Applicant arguments have been carefully considered. However, Examiner respectfully disagrees.
(1)-(2) After carefully reviewing the current scope and content of the pending claims, Examiner found that Shi reference is still applicable to the amended claims. The limitation “QoE configuration” is given the broadest reasonable interpretation in light of specification (MPEP §2111) as any configuration related to QoE including QoE measurement configuration and QoE reporting configuration. Based on the indicated interpretation, Shi teaching would be sufficient to address the claimed invention (Shi - Fig. 3 step S108 and ¶0078 – “The target radio network node 130 responds to the handover request of the source radio network node 130 by transmitting a handover request acknowledgement message (e.g., an X2AP Handover Request Acknowledgement message) to the source radio network node (action S108). The handover request acknowledgement message typically comprises or carries a handover command message that the source radio network node 130 will transmit to the wireless device 110 (action S108). In some embodiments, the handover command message may include an indication indicating whether QoE measurement reporting is allowed or supported at the target radio network node 130 (the “QoE measurement reporting support” indication). In some embodiments, the handover command message may also include an indication indicating whether the cell served by the target radio network node is part of the measurement area associated with the QoE measurements (the “QoE measurement area” indication)”; ¶0065-00068, and ¶0080 – “if the target radio network node 130 does not support QoE measurement reporting, the wireless device 110 may refrain from reporting QoE measurements. If the target radio network node 130 does support QoE measurement reporting, then the wireless device 110 may report QoE measurements to the target radio network node 130”).
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.
Claim 8, 10-12, 15-16, 18-21, 23-24, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi et al. (US 20200413301 A1).
Regarding claim 8, Shi discloses a method of wireless communication performed by a first node (Fig. 3 – source radio network node), comprising:
transmitting, to a second node (Fig. 3 – target radio network node), a request message indicating a handover of a user equipment (UE) and a quality of experience (QoE) configuration for the UE (Fig. 3 step S106 and ¶0077 – “In preparation of the handover, the source radio network node 130 transmits a handover request message (e.g., an X2AP Handover Request message) to the target radio network node 130 (action S106). In some embodiments, the handover request message may include an indication that QoE measurements have been configured at the wireless device 110. For example, the handover request message may include the “QoE measurement configured” indication mentioned above in Table 1”);
receiving, from the second node, a response message indicating that QoE reporting for the QoE configuration is to be suspended or resumed (Fig. 3 step S108 and ¶0078 – “The target radio network node 130 responds to the handover request of the source radio network node 130 by transmitting a handover request acknowledgement message (e.g., an X2AP Handover Request Acknowledgement message) to the source radio network node (action S108). The handover request acknowledgement message typically comprises or carries a handover command message that the source radio network node 130 will transmit to the wireless device 110 (action S108). In some embodiments, the handover command message may include an indication indicating whether QoE measurement reporting is allowed or supported at the target radio network node 130 (the “QoE measurement reporting support” indication). In some embodiments, the handover command message may also include an indication indicating whether the cell served by the target radio network node is part of the measurement area associated with the QoE measurements (the “QoE measurement area” indication)”; ¶0065-0068, and ¶0080 – “if the target radio network node 130 does not support QoE measurement reporting, the wireless device 110 may refrain from reporting QoE measurements. If the target radio network node 130 does support QoE measurement reporting, then the wireless device 110 may report QoE measurements to the target radio network node 130”); and
transmitting, to the UE, a message indicating the handover to the second node (Fig. 3 step 110 and ¶0079 – “Upon receiving the handover request acknowledgement message from the target radio network node 130, the source radio network node 130 forwards the handover command message (e.g., an RRC Handover Command message) to the wireless device 110 (action S110)”).
Regarding claim 10, Shi discloses the method of claim 8, wherein the response message includes a different QoE configuration that is supported by the second node (Fig. 3 step S108 and ¶0078 – “In some embodiments, the handover command message may include an indication indicating whether QoE measurement reporting is allowed or supported at the target radio network node 130 (the “QoE measurement reporting support” indication)”).
Regarding claim 11, Shi discloses the method of claim 8, wherein the message includes a different QoE configuration that is supported by the second node (Fig. 3 step S108 and ¶0078; ¶0062 – “the target radio network node may not support QoE measurement reporting”, ¶0065-0068, and ¶0080 – “if the target radio network node 130 does not support QoE measurement reporting, the wireless device 110 may refrain from reporting QoE measurements. If the target radio network node 130 does support QoE measurement reporting, then the wireless device 110 may report QoE measurements to the target radio network node 130”).
Regarding claim 12, Shi discloses the method of claim 8, wherein the message includes an indication to suspend QoE reporting for the QoE configuration (Fig. 3 step S108-S110 and ¶0078-0079: “The target radio network node 130 responds to the handover request of the source radio network node 130 by transmitting a handover request acknowledgement message (e.g., an X2AP Handover Request Acknowledgement message) to the source radio network node (action S108). The handover request acknowledgement message typically comprises or carries a handover command message that the source radio network node 130 will transmit to the wireless device 110 (action S108). In some embodiments, the handover command message may include an indication indicating whether QoE measurement reporting is allowed or supported at the target radio network node 130 (the “QoE measurement reporting support” indication). In some embodiments, the handover command message may also include an indication indicating whether the cell served by the target radio network node is part of the measurement area associated with the QoE measurements (the “QoE measurement area” indication)”; ¶0065-0068, and ¶0080 – “if the target radio network node 130 does not support QoE measurement reporting, the wireless device 110 may refrain from reporting QoE measurements. If the target radio network node 130 does support QoE measurement reporting, then the wireless device 110 may report QoE measurements to the target radio network node 130”).
Regarding claim 15, Shi discloses the method of claim 8, wherein the message includes an indication to resume QoE reporting for the QoE configuration (0065-0069 disclose scenario 1 regarding to handover to a target radio that support QoE measurement and reporting).
Regarding claim 16, Shi discloses the method of claim 8, further comprising: storing the QoE configuration after completion of the handover to the second node (¶0062-0063 and ¶0071-0072 disclose reporting QoE or not performing QoE measurement if the target network does not support QoE or after handover which indicated that the new QoE configuration is stored after completion of handover).
Regarding claim 18, Shi discloses a method of wireless communication performed by a first node (Fig. 3 – target radio network node), comprising:
receiving, from a second node (Fig. 3 – source radio network node), a request message indicating a handover of a user equipment (UE) and a quality of experience (QoE) configuration for the UE (Fig. 3 step 106 and ¶0077 – “In preparation of the handover, the source radio network node 130 transmits a handover request message (e.g., an X2AP Handover Request message) to the target radio network node 130 (action S106). In some embodiments, the handover request message may include an indication that QoE measurements have been configured at the wireless device 110. For example, the handover request message may include the “QoE measurement configured” indication mentioned above in Table 1”); and
transmitting, to the second node, a response message indicating that QoE reporting for the QoE configuration is to be suspended, or resumed (Fig. 3 step S108 and ¶0078, ¶0065-0068, 0084 – “The source radio network node 130 then receives a handover request acknowledgement message from the target radio network node 130 (action S306). The handover request acknowledgement message typically comprises or carries a handover command message which, as indicated above, may itself comprises one or more QoE-measurement related indications (e.g., see Table 2). For instance, the one or more QoE-measurement related indications may include an indication indicating whether QoE measurement reporting is supported at the target radio network node 130. The one or more QoE-measurement related indications may also include an indication indicating whether the cell served by the target radio network node, that is the target cell, is part of the QoE measurement area”).
Regarding claim 19, Shi discloses the method of claim 18, wherein the response message indicates that the QoE reporting for the QoE configuration is to be suspended based at least in part on a determination that the first node does not support the QoE configuration (Fig. 3 step S108, ¶0078, ¶0065-0070, and ¶0084 disclose response message indicate suspension of QoE reporting in scenario 2-3).
Regarding claim 20, Shi discloses the method of claim 18, wherein the request message further indicates that the QoE reporting for the QoE configuration is to be suspended, and wherein the response message indicates an acknowledgment that the QoE reporting for the QoE configuration is to be suspended (Fig. 3 step S108 and ¶0078, ¶0065-0070, and 0084 – “The source radio network node 130 then receives a handover request acknowledgement message from the target radio network node 130 (action S306). The handover request acknowledgement message typically comprises or carries a handover command message which, as indicated above, may itself comprises one or more QoE-measurement related indications (e.g., see Table 2). For instance, the one or more QoE-measurement related indications may include an indication indicating whether QoE measurement reporting is supported at the target radio network node 130. The one or more QoE-measurement related indications may also include an indication indicating whether the cell served by the target radio network node, that is the target cell, is part of the QoE measurement area”).
Regarding claim 21, Shi discloses the method of claim 18, further comprising: storing the QoE configuration (¶0062-0063 and ¶0071-0072 disclose reporting QoE or not performing QoE measurement if the target network does not support QoE or after handover which indicated that the new QoE configuration is stored after completion of handover).
Regarding claim 23, Shi discloses the method of claim 18, wherein the response message includes a different QoE configuration that is supported by the first node (Fig. 3 step S108, ¶0078, ¶0065-0070, and ¶0084 disclose response message indicate suspension of QoE reporting in scenario 2-3).
Regarding claim 24, Shi discloses the method of claim 23, further comprising: receiving, from the UE, a QoE report in accordance with the different QoE configuration (Fig. 3 step S112 and ¶0080).
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 for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1-6 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 20200413301 A1) in view of Liu et al. (US 20220417780 A1).
Regarding claim 1, Shi discloses a method of wireless communication performed by a user equipment (UE), comprising:
receiving, from the first node (Fig. 3 – source radio network node), a message indicating a handover to a second node (Fig. 3 step S110, ¶0062 and ¶0079-0080 disclose wireless device receiving handover command indicating handover to target radio network node – i.e. a second node) that does not support the first QoE configuration (¶0062 – “when a wireless device 110 which has been configured for QoE measurements (and is possibly performing QoE measurements) is handed over to a target radio network node, the target radio network node may not support QoE measurement reporting. Hence, according to some embodiments, one solution is to introduce, in the RRC message (an RRCConnectionReconfiguration encapsulated in a HandoverCommand) from the target radio network node an explicit indication, e.g. “QoE measurement reporting allowed”, “QoE measurement reporting supported”, etc., to allow the wireless device to report the QoE measurements after the handover. An explicit indication of “QoE measurement reporting not allowed” or “QoE measurement reporting not supported” can also be introduced”, ¶0065-0068, and ¶0080 – “if the target radio network node 130 does not support QoE measurement reporting, the wireless device 110 may refrain from reporting QoE measurements. If the target radio network node 130 does support QoE measurement reporting, then the wireless device 110 may report QoE measurements to the target radio network node 130”); and
performing, after completion of the handover to the second node, QoE measurements in accordance with a second QoE configuration, wherein the second QoE configuration is supported by the second node (¶0062-0063 and ¶0071-0072 disclose reporting QoE or not performing QoE measurement if the target network does not support QoE or after handover – i.e. performing QoE measurements in accordance with a second QoE supported by the second node; Examiner given the limitation “QoE configuration” the broadest reasonable interpretation in light of specification as any QoE configuration including QoE measurement and reporting configuration).
Shi discloses wireless device being configured for QoE measurement (Fig. 3 step S102 and ¶0076). However, the reference is silent on details about receiving, from a first node, a quality of experience (QoE) configuration.
Liu discloses receiving, from a first node, a quality of experience (QoE) configuration (Fig. 1 and ¶0096 – “The RAN node 122 can send the QoE measurement configuration 104 to the UE 120. The UE can perform collection and logging of QoE results 106. The UE 120 can send a QoE measurement report 108 to the RAN node 122. The RAN node 122 can send the QoE measurement report 110 to a QoE collection node”).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Shi to incorporate transmission of QoE configuration to UE from Liu because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to allow network to activate QoE configuration measurement to collect data regarding specific service type (Liu - ¶0068).
Regarding claim 2, the combined teaching of Shi and Liu discloses the method of claim 1, wherein the message includes the second QoE configuration, wherein the second QoE configuration is a different QoE configuration, from the first QoE configuration, that is supported by the second node (Shi - ¶0062 – “As indicated above, when a wireless device 110 which has been configured for QoE measurements (and is possibly performing QoE measurements) is handed over to a target radio network node, the target radio network node may not support QoE measurement reporting. Hence, according to some embodiments, one solution is to introduce, in the RRC message (an RRCConnectionReconfiguration encapsulated in a HandoverCommand) from the target radio network node an explicit indication… An explicit indication of “QoE measurement reporting not allowed” or “QoE measurement reporting not supported” can also be introduced”).
Regarding claim 3, the combined teaching of Shi and Liu discloses the method of claim 2, further comprising: transmitting, to the second node, a QoE report in accordance with the different QoE configuration (Shi - ¶0065-0068 and ¶0070 disclose scenario 2 that the target cell support QoE reporting but the new cell is not within the measurement area and no new QoE of new cell should be started; ¶0080 – “If the target radio network node 130 does support QoE measurement reporting, then the wireless device 110 may report QoE measurements to the target radio network node 130”).
Regarding claim 4, the combined teaching of Shi and Liu discloses the method of claim 1, wherein the message includes an indication to suspend QoE reporting for the QoE configuration (Shi - ¶0063 – “In some embodiments, if the target radio network node does not indicate anything with respect to the QoE measurement reporting, the wireless device 110 may infer that QoE measurement reporting is not supported by the target radio network node and may refrain from reporting QoE measurements after handover”).
Regarding claim 5, the combined teaching of Shi and Liu discloses the method of claim 1, further comprising: determining to suspend first QoE reporting for the QoE configuration based at least in part on one or more of: a determination that a radio bearer for the QoE reporting for the second node is not established; or a determination that the handover is an inter-radio access technology handover (Liu - ¶0079 – “During inter-RAT or inter-system handover, the UE can stop the QoE measurement locally"), the combined teaching of Shi and Liu would be obvious for the same reason of claim 1.
Regarding claim 6, the combined teaching of Shi and Liu discloses the method of claim 1, further comprising: receiving, from the second node, another message indicating another handover to a third node that supports the first QoE configuration, the other message including an indication to resume QoE reporting for the first QoE configuration; and transmitting, to the third node, a QoE report based at least in part on the QoE measurements in accordance with the first QoE configuration (Shi – 0065-0069 disclose scenario 1 regarding to handover to a target radio that support QoE measurement and reporting).
Regarding claim 29, the scope and content of the claim recites a user equipment (UE) for wireless communication for performing the method of claim 1, therefore, being addressed as in claim 1.
Regarding claim 30, the scope and content of the claim recites a user equipment (UE) for wireless communication for performing the method of claim 6, therefore, being addressed as in claim 6.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 20200413301 A1) in view of Liu et al. (US 20220417780 A1) and Parichehrehteroujeni Ali (US 20240031832 A1, “Ali” herein after).
Regarding claim 7, the combined teaching of Shi and Liu discloses the method of claim 1, however, silent on further details of claim 7.
Ali discloses transmitting a QoE report, based at least in part on the QoE measurements in accordance with the first QoE configuration, to the second node for forwarding to the first node (Fig. 7 discloses UE connecting to new gNB2 and transmitting QoE report to forward to original MCE1 and MCE2).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Shi and Liu to incorporate QoE report forwarding from Ali because doing so would make use of known technique to improve similar devices (methods, or products) in the same way (MPEP §2141 -III) to maintain continuity in collecting QoE data.
Claim 17 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 20200413301 A1) in view of Parichehrehteroujeni Ali (US 20240031832 A1, “Ali” hereinafter).
Regarding claim 17, Shi discloses the method of claim 8, however, silent on further details of claim 17.
Ali discloses receiving, from the second node, a QoE report in accordance with the QoE configuration that was received by the second node from the UE (Fig. 7 disclose UE connecting to new gNB2 and transmitting QoE report to forward to original MCE1 and MCE2).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Shi to incorporate QoE report forwarding from Ali because doing so would make use of known technique to improve similar devices (methods, or products) in the same way (MPEP §2141 -III) to maintain continuity in collecting QoE data.
Regarding claim 27, Shi discloses the method of claim 18, however, silent on further details of claim 27.
Ali discloses establishing a radio bearer for the QoE reporting (Fig. 7 disclose UE connecting to new gNB2 and transmitting QoE report).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Shi to incorporate QoE report forwarding from Ali because doing so would make use of known technique to improve similar devices (methods, or products) in the same way (MPEP §2141 -III) to maintain continuity in collecting QoE data.
Regarding claim 28, Shi discloses the method of claim 18, however, silent on further details of claim 28.
Ali discloses receiving, from the UE, a QoE report in accordance with the QoE configuration; and transmitting, to the second node, the QoE report (Fig. 7 disclose new gNB2 receiving QoE report from UE and transmitting QoE report to forward to original MCE1 and MCE2).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of Shi to incorporate QoE report forwarding from Ali because doing so would make use of known technique to improve similar devices (methods, or products) in the same way (MPEP §2141 -III) to maintain continuity in collecting QoE data.
Allowable Subject Matter
Claim 9, 13-14, 22, and 25-26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG HONG whose telephone number is (571)270-7928. The examiner can normally be reached on Monday-Friday from 8:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, JINSONG HU, can be reached on (571) 272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUNG HONG/
Primary Examiner, Art Unit 2643