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 .
Status of Claims
2. Claims 32-51 are pending wherein claims 32, 35, 42, and 45 are in independent form.
3. Claims 32-33, 35-36, 42-43, and 45-46 have been amended.
Response to Arguments
4. Applicant's arguments filed on 12/16/2025 have been fully considered but they are not persuasive. The reasons set forth below.
5. On page 10 of the remarks, applicant argues, “While Wen's GTP-U header modifications allow reassembly at the GTP-U layer, they do not convey the sort of signaling required by claim 32, e.g., they do not convey signaling related to application-layer packet boundaries or size. The "data packet" referred to in Wen corresponds to a GTP-U protocol-layer packet, not the original application-layer packet received from PDCP or the application layer (see Wen 00067, Step S701). The identification information in Wen 00069 enables the receiver to determine which segments belong to the same GTP-U packet, but it does not indicate which tunneled packets carry data from the same application-layer packet, the number of such packets, or the size of the application-layer packet, as required by amended claim 32.”
In response, examiner respectfully disagrees because:
Wen teaches that the GTP-U in EPC receives data packet from the application layer (Fig. 2, Fig. 7, Par 0006, Par 0074). When the size of the original application layer packet (wDataSize) received at the GTP-U is greater than wSegMaxSize, the original application layer data packet received at the GTP-U is segmented until the remaining portion is smaller than wSegMaxSize (Par 0074-0076). Each segment of the original application layer data packet received at the GTP-U includes a GTP header indicating the original data packet (the original application layer data packet received at the GTP-U) to which the current segment belongs, total number of segments of the original data packet, the original data packet sequence number (all the segments of a packet have the same original data packet sequence number).
6. On page 10 of the remarks, applicant argues, “Step S701 in Wen further illustrates this distinction. Wen teaches that the GTP-U transmitter receives a data packet from PDCP or the application layer, and the size of the data packet is represented internally by WDataSize and assigned to a remaining-size variable WRemain (Wen 00067). This internal calculation is used solely to determine whether segmentation is required and to manage segmentation. Wen does not disclose transmitting WDataSize or any other signaling to the receiver that conveys the size of the application-layer packet. While the transmitter "knows" the application-layer packet size internally, this information is not included in GTP headers or otherwise transmitted as signaling to the receiving network node.”
In response, examiner respectfully disagrees because:
Examiner agrees that the GTP header of each segment does not include the application layer packet size (wDataSize) but the GTP header includes the segment size and the total number of segments of a packet. Therefore, the segment size and the total number of segments of the original packet provide the size of the original packet received at GTP-U. When the size of the received application layer packet is less than or equal to maximum packet size (wSegMaxSize or 65535 bytes), the received application layer packet is not segmented, and the original packet is forwarded with a GTP header (Fig. 7, Par 0075, Par 0077). The GTP header includes the size of the original packet when it is not segmented (two bytes length field, Fig. 1, Fig. 4, Par 0003-0005, Par 0053). Therefore, the size of the application layer packet received at GTP-U is included in the GTP header when the packet is forwarded without segmenting.
Moreover, claim requires one of (i) an indication of the tunneled packets belong to the same application layer packet, (ii) how many tunneled packets carry data from the same application layer packet (i.e., total number of segments of an original packet), or (iii) a size of an application layer packet. Wen discloses that each segment (of the original application layer data packet received at the GTP-U) includes a GTP header indicating the original data packet (the original application layer data packet received at the GTP-U) to which the current segment belongs (an indication of the tunneled packets belong to the same application layer packet), total number of segments of the original data packet, the original data packet sequence number (all the segments of a packet have the same original data packet sequence number).
7. On page 11 of the remarks, applicant argues, “While Wen's GTP-U header modifications allow reassembly at the GTP-U layer, they do not convey the sort of signaling required by claim 32, e.g., they do not convey signaling related to application-layer packet boundaries or size. The "data packet" referred to in Wen corresponds to a GTP-U protocol-layer packet, not the original application-layer packet received from PDCP or the application layer (see Wen 00067, Step S701).”
In response, examiner respectfully disagrees because:
Wen teaches that the GTP-U in EPC receives data packet from the application layer (Fig. 2, Fig. 7, Par 0006, Par 0074). When the size of the original application layer packet (wDataSize) received at the GTP-U is greater than wSegMaxSize, the original application layer data packet received at the GTP-U is segmented until the remaining portion is smaller than wSegMaxSize (Par 0074-0076). wDataSize is the size of the original application layer data packet received at GTP-U and the original application layer data packet is segmented based on the wDataSize being greater than wSegMaxSize, not some other GTP-U data packet.
Claim Rejections - 35 USC § 102
8. 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.
9. Claims 32, 34-35, 37, 42, 44-45, and 47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wen (US 20120140686 A1, hereinafter referred to as Wen).
Re claim 32, Wen teaches a method performed by a transmit network node configured for use in a wireless communication network (Abstract), the method comprising:
(i) tunneling packets (downlink GTP-U segments) from the transmit network node (EPC) to a receive network node (eNodeB) in the wireless communication network (Fig. 2-3, Fig. 6-7, Par 0006, Par 0035-0044, Par 0070-0081); and
(ii) transmitting, from the transmit network node (EPC) to the receive network node (eNodeB), signaling (attribute information in a header, Fig. 4) that indicates which tunneled packets carry application layer data from the same application layer packet (indication of segmented data, Par 0049; segment sequence number, Par 0050, total segment number, Par 0050, data (i.e., application layer data received at GTP-U) sequence number indicating the segments belong to the same data packet, Par 0051), how many tunneled packets carry application layer data from the same application layer packet (total segment number, Par 0050), and/or a size of an application layer packet (segment size/length and total segment number indicate the size of the packet/data received application layer) (Fig. 2-4, Fig. 6-7, Fig. 13, Par 0006, Par 0035-0045, Par 0048-0053, Par 0070-0084, Par 0110-0112),
(iii) said tunneling comprises tunneling the packets within General Packet Radio Service Tunneling Protocol (GTP) packets (GTP-U packets), wherein said signaling is included in GTP headers of the GTP packets that include the tunneled packets (attribute information included in a header, Fig. 4) (Fig. 2-4, Fig. 6-7, Par 0006, Par 0035-0045, Par 0048-0053, Par 0070-0081).
Claim 42 recites a transmit network node performing the steps recited in claim 32 and thereby, is rejected for the reasons discussed above with respect to claim 32. Wen further teaches that the transmit network node comprises communication circuitry; and processing circuitry (sending unit, segmenting unit) (Fig. 8, Fig. 11, Par 0094, Par 0101-0103).
Re claims 34, 37,44, 47, Wen teaches that the signaling indicates which tunneled packets carry application layer data from the same application layer packet (indication of segmented data, Par 0049; segment sequence number, Par 0050, total segment number, Par 0050, data (i.e., application layer data received at GTP-U) sequence number indicating the segments belong to the same data packet, Par 0051), wherein the signaling indicates which tunneled packets carry application layer data from the same application layer packet by: indicating, for each tunneled packet (data segment), whether the tunneled packet is the first packet segmented from an application layer packet (segment sequence number ranges from 0 to 15 and therefore, segment sequence number 0 indicates the first segment) and/or whether the tunneled packet is the last packet segmented from an application layer packet (total number of segments and segment sequence number indicate the last segment); and/or indicating a sequence number for each tunneled packet (data sequence number), wherein different sequence numbers are associated with different application layer packets (all segments from the same data packet (i.e., application layer data) have same data sequence number and so, different data packets (i.e., application layer data) have different data sequence number) (Fig. 4, Fig. 7, Par 0048-0053, Par 0073-0084).
Re claim 35, Wen teaches a method performed by a receive network node configured for use in a wireless communication network (Abstract), the method comprising:
(i) receiving, at the receive network node (eNodeB), packets tunneled (downlink GTP-U segments) from a transmit network node (EPC) in the wireless communication network (Fig. 2-3, Fig. 6-7, Par 0006, Par 0035-0044, Par 0070-0081); and
(ii) receiving, at the receive network node (eNodeB), from the transmit network node (EPC), signaling (attribute information in a header, Fig. 4) that indicates which tunneled packets carry application layer data from the same application layer packet (indication of segmented data, Par 0049; segment sequence number, Par 0050, total segment number, Par 0050, data (i.e., application layer data received at GTP-U) sequence number indicating the segments belong to the same data packet, Par 0051), how many tunneled packets carry application layer data from the same application layer packet (total segment number, Par 0050), and/or a size of an application layer packet (segment size/length and total segment number indicate the size of the packet/data received application layer) (Fig. 2-4, Fig. 6-7, Fig. 13, Par 0006, Par 0035-0045, Par 0048-0053, Par 0070-0084, Par 0110-0112),
(iii) receiving packets tunneled from the transmit network node comprises receiving the packets within General Packet Radio Service Tunneling Protocol (GTP) packets (GTP-U packets), wherein said signaling is included in GTP headers of the GTP packets that include the tunneled packets (attribute information included in a header, Fig. 4) (Fig. 2-4, Fig. 6-7, Par 0006, Par 0035-0045, Par 0048-0053, Par 0070-0081).
Claim 45 recites a receive network node performing the steps recited in claim 35 and thereby, is rejected for the reasons discussed above with respect to claim 35. Wen further teaches that the receive network node comprises communication circuitry; and processing circuitry (receiving unit, acquiring unit) (Fig. 9, Fig. 11, Par 0095-0097, Par 0101-0103).
Claim Rejections - 35 USC § 103
10. 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.
11. Claims 33 are rejected under 35 U.S.C. 103 as being unpatentable over Wen as applied to claim 32 above and further in view of Ahluwalia et al (US 20160192235, hereinafter referred to as Ahluwalia).
Re claims 33, 36, 43, 46, Wen does not explicitly disclose that the tunneled packets are Internet Protocol (IP) packets, such that the signaling included in GTP headers of the GTP packets indicates which IP packets carry application layer data from the same application layer packet.
Ahluwalia teaches that each GTP packet encapsulates IP packet (Fig. 3, Par 0036-0038).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wen by encapsulating IP packet within each GTP packet, as taught by Ahluwalia for the purpose of improving backhaul traffic carried over GPRS tunneling protocols in terrestrial mobile communications networks, as taught by Ahluwalia (Par 0005-0007).
Wen teaches that the GTP-U in EPC receives data packet from the application layer (Fig. 2, Fig. 7, Par 0006, Par 0074). When the size of the original application layer packet (wDataSize) received at the GTP-U is greater than wSegMaxSize, the original application layer data packet received at the GTP-U is segmented until the remaining portion is smaller than wSegMaxSize (Par 0074-0076). Each segment of the original application layer data packet received at the GTP-U includes a GTP header indicating the original data packet (the original application layer data packet received at the GTP-U) to which the current segment belongs, total number of segments of the original data packet, the original data packet sequence number (all the segments of a packet have the same original data packet sequence number). Ahluwalia teaches that each GTP packet encapsulates IP packet. Therefore, the information included in the GTP header such as the original data packet (the original application layer data packet received at the GTP-U) to which the current segment belongs, total number of segments of the original data packet, the original data packet sequence number etc. is also applicable to the encapsulated IP packet.
Therefore, Wen in view of Ahluwalia discloses that the tunneled packets are Internet Protocol (IP) packets, such that the signaling included in GTP headers of the GTP packets indicates which IP packets carry application layer data from the same application layer packet.
12. Claims 38-41 and 48-51 are rejected under 35 U.S.C. 103 as being unpatentable over Wen as applied to claims 35 and 45 above and further in view of Lei (US 20230060066 A1, hereinafter referred to as Lei).
Re claims 38, 48, Wen does not explicitly disclose that based on signaling, scheduling transmission of the tunneled packets from the receive network node; and/or allocating radio resources for transmission of the tunneled packets from the receive network node towards a wireless device served by the receive network node.
Lei teaches that based on signaling (indication of splitting data packet, start, end sub-packet indication), scheduling transmission of the tunneled packets from the receive network node; and/or allocating radio resources for transmission of the tunneled packets from the receive network node towards a wireless device served by the receive network node (scheduling to transmit received sub-packets to the UE) (Fig. 3-6, Par 0029-0034, Par 0037-0042, Par 0045-0051, Par 0057, Par 0090-0096, Par 0098-0102).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Wen by including the step that based on signaling, scheduling transmission of the tunneled packets from the receive network node; and/or allocating radio resources for transmission of the tunneled packets from the receive network node towards a wireless device served by the receive network node, as taught by Lei for the purpose of reducing “occupancy of transmission resources as much as possible during transmission of a data packet of advanced interactive businesses” to minimize waste of resources, as taught by Lei (Par 0003, Par 0028, Par 0057).
Re claims 39, 49, Wen does not explicitly disclose that based on signaling: scheduling transmission of the tunneled packets from the receive network node, wherein said scheduling comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on one or more of the same application layer quality of service requirements.
Lei teaches that based on signaling: scheduling transmission of the tunneled packets from the receive network node, wherein said scheduling comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on one or more of the same application layer quality of service requirements (transmitting sub-packets to the UE based on QoS/time delay requirement) (Fig. 3-6, Par 0029-0034, Par 0037-0042, Par 0045-0051, Par 0057-0063, Par 0066-0070, Par 0074-0078, Par 0081-0085, Par 0090-0096, Par 0098-0100).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Wen by including the step that based on signaling: scheduling transmission of the tunneled packets from the receive network node, wherein said scheduling comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on one or more of the same application layer quality of service requirements, as taught by Lei for the purpose of reducing “occupancy of transmission resources as much as possible during transmission of a data packet of advanced interactive businesses” to minimize waste of resources, as taught by Lei (Par 0003, Par 0028, Par 0057).
Re claims 40, 50, Wen does not explicitly disclose that scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on one or more of the same quality of service requirements comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the same application layer latency requirement.
Lei teaches that scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on one or more of the same quality of service requirements comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the same application layer latency requirement (transmitting sub-packets to the UE based on QoS/time delay requirement) (Fig. 3-6, Par 0029-0034, Par 0037-0042, Par 0045-0051, Par 0057-0063, Par 0066-0070, Par 0074-0078, Par 0081-0085, Par 0090-0096, Par 0098-0100).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Wen by including the step that scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on one or more of the same quality of service requirements comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the same application layer latency requirement, as taught by Lei for the purpose of reducing “occupancy of transmission resources as much as possible during transmission of a data packet of advanced interactive businesses” to minimize waste of resources, as taught by Lei (Par 0003, Par 0028, Par 0057).
Re claims 41, 51, Wen does not explicitly disclose that scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the same application layer latency requirement comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the application layer latency requirement of whichever of the tunneled packets carrying application layer data from the same application layer packet was received at the receive network node first.
Lei teaches that scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the same application layer latency requirement comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the application layer latency requirement of whichever of the tunneled packets carrying application layer data from the same application layer packet was received at the receive network node first (transmitting the sub-packets to the UE in the order of receiving the sub-packets. Par [0099] states, “the process of transmitting the data sub-packets by the gNB to the UE and the process of transmitting the data sub-packets by the UPF to the gNB may be carried out synchronously. For example, the gNB may transmit the data sub-packets to the UE after receiving the data sub-packets (not all the data sub-packets have been received yet) transmitted by the UPF”) (Fig. 3-6, Par 0049-0055, Par 0098-0102).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Wen by including the step that scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the same application layer latency requirement comprises scheduling transmission of each tunneled packet carrying application layer data from the same application layer packet based on the application layer latency requirement of whichever of the tunneled packets carrying application layer data from the same application layer packet was received at the receive network node first, as taught by Lei for the purpose of reducing “occupancy of transmission resources as much as possible during transmission of a data packet of advanced interactive businesses” to minimize waste of resources, as taught by Lei (Par 0003, Par 0028, Par 0057).
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 HARUN UR R CHOWDHURY whose telephone number is (571)270-3895. The examiner can normally be reached Monday-Friday 9AM-5PM.
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, Kwang B Yao can be reached at 5712723182. 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.
/HARUN CHOWDHURY/Examiner, Art Unit 2473