Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
Figures 1 – 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Please refer specification page 10, lines 11 – 14. Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 20 and 29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”. Claims 20 and 29 are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper for example obtaining one or more criteria relating to characteristics of a transmission of uplink data between the UE and the network node; obtaining characteristics and obtaining a degermation if the US shall use: inactive mode based on Small data Transmission STD or connected mode for upcoming transmission of uplink data.
The node of claims 20 and 29 recites a series of act obtaining one or more criteria relating to characteristics of a transmission of uplink data between the UE and the network node; obtaining characteristics and obtaining a degermation if the US shall use: inactive mode based on Small data Transmission STD or connected mode for upcoming transmission of uplink data. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim relates to obtaining one or more criteria relating to characteristics of a transmission of uplink data between the UE and the network node; obtaining characteristics and obtaining a degermation if the US shall use: inactive mode based on Small data Transmission STD or connected mode for upcoming transmission of uplink data, often labelled as “abstract ideas”. Since the obtaining one or more criteria relating to characteristics of a transmission of uplink data between the UE and the network node; obtaining characteristics and obtaining a degermation if the US shall use: inactive mode based on Small data Transmission STD or connected mode for upcoming transmission of uplink data, the claim is “directed to” a judicial exception (Step 2A: Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables obtaining one or more criteria relating to characteristics of a transmission of uplink data between the UE and the network node; obtaining characteristics and obtaining a degermation if the US shall use: inactive mode based on Small data Transmission STD or connected mode for upcoming transmission of uplink data, is a generic computer function that are well understood and conventional activities of obtaining various data. As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: YES). Accordingly, the claim is not patent eligible.
Claims 21 – 28 and 30 – 36 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claims 20 and 29, the phrases "any one or more", “shall use” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Here, the phrases "any one or more", “shall use” renders the claim indefinite because it makes unclear and indefinite the claim language, particularly pointing out and distinctly claiming the subject matter.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The term, “the RAN node” being found in claims 21 and 30, and is objected to as failing to provide proper antecedent basis for the claimed subject matter.
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)(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.
Claims 20 – 22, 24 – 27, 29 – 31, 33 – 36 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by
He US PG Pub: US 2020/0077422 A1 Mar. 5, 2020.
Regarding claims 20, 29, He discloses,
a method performed by a node for handling an upcoming transmission of uplink data between a first User Equipment UE, and a network node in a wireless communications network; and a node configured to handle an upcoming transmission of uplink data between a first UE and a network node in a wireless communications network, wherein the uplink data is adapted to relate to measurement reports of the first UE (a method and an apparatus for determining a data transmission mode, where the method includes: determining, by a terminal, a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value; and notifying, by the terminal, a base station of the small data transmission mode through an uplink message – ABSTRACT, Figs. 3 – 5, paragraphs 0003, 0004, 0008, 0035, 0051, 0056, 0074. A terminal determine a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a base station of the small data transmission mode through an uplink message; or the base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message – paragraph 0021), the method comprising; and the node being configured to: interface circuitry for communicating with one or more other nodes; and processing circuity configured to:
obtaining one or more criteria (the base station determines the small data transmission mode of a terminal according a terminal type; for example, in order to save power in the terminal, the system message specifies that the mMTC terminal adopts the inactive state to transmit the data – paragraphs 0068, 0124, 0169) relating to characteristics (the terminal determines the small data transmission mode corresponding to the service data according to a battery level of a local battery. The base station determines the small data transmission mode corresponding to the service data according to a battery level of a local battery - paragraphs 0045, 0067, 0123, 0164, 0168, 0169) of any one or more out of: a UE and a transmission of uplink data between that UE and the network node (a terminal determine a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a base station of the small data transmission mode through an uplink message; or the base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message - paragraphs 0010, 0021, 0041, 0045, 0068, 0123, 0124, 0164, 0168, 0169);
obtaining characteristics of any one or more out of: the first UE and the upcoming transmission of uplink data for the first UE (the terminal determines the small data transmission mode corresponding to the service data according to a battery level of a local battery. The base station determines the small data transmission mode corresponding to the service data according to a battery level of a local battery - paragraphs 0045, 0067, 0123, 0164, 0168, 0169); and
obtaining a determination by determining whether the first UE shall use:
(i) inactive mode based Small Data Transmission SDT (the small data transmission mode corresponding to the service data is determined according to an inactive duration of the service model – paragraph 0072, 0080 – 0082, 0100), or
(ii) connected mode, for the upcoming transmission of uplink data, based on:
the one or more criteria (the base station determines the small data transmission mode of a terminal according a terminal type; for example, in order to save power in the terminal, the system message specifies that the mMTC terminal adopts the inactive state to transmit the data – paragraphs 0068, 0124, 0169), and
the obtained characteristics of any one or more out of:
the first UE and the upcoming transmission of uplink data (determining, by a terminal, a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value; and notifying, by the terminal, a base station of the small data transmission mode through an uplink message and/or transmitting the service data through the small data transmission mode - paragraphs 0010, 0011. Determining, by a base station, a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value; and notifying, by the base station, a terminal of the small data transmission mode through a downlink message. The terminal supports data transmission in the inactive state – paragraphs 0004, 0012, 0013, 0089, 0091, 0096, 0146, 0164).
Regarding claims 21, 30, He discloses,
the method according to claim 20, wherein any one or more out of: the node performing the method is represented by any one or more out of:
the first UE (a terminal determine a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a base station of the small data transmission mode through an uplink message; or the base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message - paragraph 0021),
the RAN node (a terminal determine a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a base station of the small data transmission mode through an uplink message; or the base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message - paragraph 0021), or
a location server node; and
wherein the network node is represented by any one or more out of:
the RAN node (a terminal determine a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a base station of the small data transmission mode through an uplink message; or the base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message - paragraph 0021), or
a location server node.
Regarding claims 22, 31, He discloses,
the method according to claim 20, wherein the obtaining of the determination, whether the first UE shall use:
(i) inactive mode based SDT (the small data transmission mode corresponding to the service data is determined according to an inactive duration of the service model – paragraph 0072, 0080 – 0082, 0100), or
determines the small data transmission mode of a terminal according a terminal type; for example, in order to save power in the terminal, the system message specifies that the mMTC terminal adopts the inactive state to transmit the data – paragraphs 0068, 0124, 0169. The base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message - paragraph 0021).
Regarding claims 24, 33, He discloses,
the method according to claim 20, wherein the one or more criteria relating to characteristics is used for setting thresholds for determining (determining, by a terminal, a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value – paragraph 0010. Determining, by a base station, a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value – paragraph 0012) whether the first UE shall use:
(i) inactive mode based SDT (the small data transmission mode corresponding to the service data is determined according to an inactive duration of the service model – paragraph 0072, 0080 – 0082, 0100), or
(ii) connected mode, for the upcoming transmission of uplink data.
Regarding claims 25, 34, He discloses,
the method according to claim 20, wherein the one or more criteria relating to the characteristics of any one or more out of:
a UE and a transmission of uplink data between that UE and the network node, comprises respective thresholds related to respective characteristics comprising any one or more out of:
battery life (the terminal determines the small data transmission mode corresponding to the service data according to a battery level of a local battery. The base station determines the small data transmission mode corresponding to the service data according to a battery level of a local battery - paragraphs 0045, 0067, 0123, 0164, 0168, 0169);
Quality of Service QoS;
mobility information;
coverage information;
Multicast Broadcast Service MBS Information; and
Vehicle-to Everything V2X information.
Regarding claims 26, 35, He discloses,
the method according to claim 20, wherein the characteristics of any one or more out of: the first UE and the upcoming transmission of uplink data, comprises any one or more out of:
battery life of the first UE (the terminal determines the small data transmission mode corresponding to the service data according to a battery level of a local battery. The base station determines the small data transmission mode corresponding to the service data according to a battery level of a local battery - paragraphs 0045, 0067, 0123, 0164, 0168, 0169);
Quality of Service QoS;
mobility of the first UE;
coverage available for the upcoming transmission;
the upcoming transmission is a Multicast Broadcast Service MBS transmission; and
the upcoming transmission is a Vehicle-to-Everything V2X transmission.
Regarding claims 27, 36, He discloses,
the method according to claim 20, wherein the node performing the method comprises the first UE (the base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message – paragraph 0021. The base station determines the small data transmission mode corresponding to the service data according to a battery level of a local battery - paragraphs 0045, 0067, 0123, 0164, 0168, 0169), and wherein determining whether the first UE shall use:
inactive mode based SDT (he small data transmission mode corresponding to the service data is determined according to an inactive duration of the service model – paragraph 0072, 0080 – 0082, 0100), or
connected mode, comprises:
sending to a network node, the obtained characteristics of any one or more out of: the first UE and the upcoming transmission of uplink data (a terminal determine a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a base station of the small data transmission mode through an uplink message – paragraph 0021); and
receiving from the network node, a recommendation whether the first UE shall use:
inactive mode based SDT (the small data transmission mode corresponding to the service data is determined according to an inactive duration of the service model – paragraph 0072, 0080 – 0082, 0100), or
connected mode;
which recommendation (the base station determines a small data transmission mode corresponding to service data based on a preset policy, where small data refer to data of which data amount is less than or equal to a preset value, and notifies a terminal of the small data transmission mode through a downlink message – paragraph 0021. The base station determines the small data transmission mode corresponding to the service data according to a battery level of a local battery - paragraphs 0045, 0067, 0123, 0164, 0168, 0169) is a basis for the determining whether the first UE shall use:
inactive mode based SDT (the small data transmission mode corresponding to the service data is determined according to an inactive duration of the service model – paragraph 0072, 0080 – 0082, 0100), or
(ii) connected mode.
Claim Rejections - 35 USC § 103
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 the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
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.
Claims 23, 28 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over
He US PG Pub: US 2020/0077422 A1 Mar. 5, 2020 and in view of
Opshaug US PGPub: US 2018/0146332 A1 May 24, 2018.
Regarding claims 23, 32, He discloses all the claimed features,
but, does not disclose, the method according to claim 20, wherein the uplink data comprises positioning data relating to positioning measurement reports of the first UE.
Opshaug teaches, a mobile station performs Observed Time Difference of Arrival (OTDOA) positioning by measuring a time of arrival (TOA) of downlink signals transmitted from a reference cell and one or more neighbor cells (ABSTRACT, Figs. 1, 2, 4, paragraphs 0005 - 0009).
The OTDOA assistance data is determined by location server 150 and includes assistance data for a reference cell, and a number of neighbor cells. Additionally, in a request for location information - e.g. a request for OTDOA RSTD measurements sent by server 150 to MS 120, the location server 150 typically specifies a response time, which defines some reporting time interval - e.g. 16 seconds long, within which measurements must be made by the MS 120 for a set of cells (paragraph 0061).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method and appartatus for determining data transmission mode of He (He, ABSTRACT, Figs. 3 – 5, paragraphs 0003, 0004, 0008, 0035, 0021) wherein the system of He, would have incorporated, a request for location information - e.g. a request for OTDOA RSTD measurements sent by server 150 to MS 120, the location server 150 typically specifies a response time, which defines some reporting time interval - e.g. 16 seconds long, within which measurements must be made by the MS 120 for a set of cells of Opshaug (Opshaug, Figs. 1, 2, 4, paragraph 0061) for position location of a user equipment in a wireless communications system (Opshaug, paragraph 0002) and to improve OTDOA positioning, as the errors introduced into the projected TOA measurements may cause similar errors in the reported RSTD values which may in turn cause an error in the resulting position fix (Opshaug, paragraphs 0027, 0028).
Regarding claim 28, He discloses all the claimed features,
but, does not disclose, the method according to claim 20, wherein the node performing the method comprises a location server node, and wherein: a criterion out of the one or more criteria comprises a response time; which response time comprises a time within which the first UE shall provide a measurement result, and which criterion is set by the location server node.
Opshaug teaches, a mobile station performs Observed Time Difference of Arrival (OTDOA) positioning by measuring a time of arrival (TOA) of downlink signals transmitted from a reference cell and one or more neighbor cells (ABSTRACT, Figs. 1, 2, 4, paragraphs 0005 - 0009).
The OTDOA assistance data is determined by location server 150 and includes assistance data for a reference cell, and a number of neighbor cells. Additionally, in a request for location information - e.g. a request for OTDOA RSTD measurements sent by server 150 to MS 120, the location server 150 typically specifies a response time, which defines some reporting time interval - e.g. 16 seconds long, within which measurements must be made by the MS 120 for a set of cells (paragraph 0061).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method and appartatus for determining data transmission mode of He (He, ABSTRACT, Figs. 3 – 5, paragraphs 0003, 0004, 0008, 0035, 0021) wherein the system of He, would have incorporated, a request for location information - e.g. a request for OTDOA RSTD measurements sent by server 150 to MS 120, the location server 150 typically specifies a response time, which defines some reporting time interval - e.g. 16 seconds long, within which measurements must be made by the MS 120 for a set of cells of Opshaug (Opshaug, Figs. 1, 2, 4, paragraph 0061) for position location of a user equipment in a wireless communications system (Opshaug, paragraph 0002) and to improve OTDOA positioning, as the errors introduced into the projected TOA measurements may cause similar errors in the reported RSTD values which may in turn cause an error in the resulting position fix (Opshaug, paragraphs 0027, 0028).
The prior arts made of record and not relied upon are considered pertinent to applicants disclosure.
Ozturk US PGPub: US 2020/0053791 A1 Feb. 13, 2020.
An apparatus receives a small data transmission during an RRC inactive mode, without transitioning the UE to an RRC connected mode. The UE receives a page from a base station for a downlink data transmission while in the RRC inactive mode. The page may indicate a downlink data transmission to occur without transitioning the UE to an RRC connected mode and may indicate a RACH preamble to the UE. The UE transmits a random access preamble to the base station in response to the page and receives a downlink data packet from the base station while remaining in the RRC inactive mode.
Keating US PGPub: US 2020/0229130 A1 Jul. 16, 2020.
A method for idle-mode positioning of UEs using observed difference of arrival. A method includes receiving positioning configuration information from a base station or location server while in an RRC_connected mode; transitioning to an RRC_idle or RRC_inactive mode, while saving the positioning configuration information; receiving a reference signal for positioning from the base station; performing positioning measurements, while in the RRC_idle or RRC_inactive mode; and sending a location report to the base station or location server while remaining in the RRC_idle or RRC_inactive mode.
Lee US PGPub: US 2019/0037447 A1 Jan. 31, 2019.
a method for a user equipment (UE) to perform early data transmission (EDT) in a wireless communication, and an apparatus supporting the same. The method may include: receiving system information including a threshold for the EDT; determining whether or not a condition for initiating the EDT is satisfied, by comparing the threshold for the EDT with a size of data for transmission; if the condition is satisfied, performing the EDT; and if the condition is not satisfied, performing a radio resource control (RRC) connection establishment or resume procedure.
Hong US PGPub: US 2021/0168659 A1 Jun. 3, 2021.
A method of data transmission. The method includes determining a current amount of data in an uplink buffer that is configured to store uplink data, wherein the uplink data in the uplink buffer is distributed through a Packet Data Convergence Protocol (PDCP) layer; sending a Buffer Status Report (BSR) to a base station in the cellular network, wherein the BSR comprises a difference value between the current amount of data and an amount of the data to be transmitted by the second link, and wherein the base station is configured to allocate an uplink resource for the terminal based on the difference value; and transmitting uplink data to the correspondent node through the second link based on the amount of the data to be transmitted to the correspondent node by the second link.
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/NIMESH PATEL/Primary Examiner, Art Unit 2642