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 .
Response to Arguments
Applicant’s corrections filed 09/29/2025 with respect to claim objections for claim(s) 1 made on 06/27/2025 have been considered and the objection to the claims is withdrawn.
Applicant’s arguments filed 09/29/2025with respect to claim(s) 1, 8, and 15 have been considered but are moot in view of the new ground(s) of rejection under 35 U.S.C. 103 as being unpatentable over new reference Yokoyama et al. (US 2019/0174342 A1) in view of Wang et al. (US 2024/0205875 A1).
Claim Objections
Claim(s) 21 is/are objected to because of the following informalities:
Claim(s) 21 recites “RAT.” Acronyms must be specified.Appropriate correction is required.
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 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.
Claim(s) 1, 4-5, 7-8, 11-12, 14-15, 18-19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama et al. (US 2019/0174342 A1) in view of Wang et al. (US 2024/0205875 A1).
Regarding claim 1, Yokoyama discloses A first network node, comprising (Figs. 17 and 21: CU 200 comprised in first base station 100 (SN)):
at least one memory configured to store computer program code (Fig. 21, [0116], [0219]: CU 200 includes storage section 230 that stores a program (instructions)); and
at least one processor configured to access said at least one memory and operate as instructed by the computer program code, the computer program code including (Fig. 21: processing section 250):
first transmitting code configured to cause at least one of said at least one processor to transmit, to a second network node, a (Fig. 17, [0182]: The CU 200 transmits, to the DU 300, a UE CONTEXT MODIFICATION REQUEST message including Data Usage report Indication IE (instruction for transmission of data amount information) (S601)),
first receiving code configured to cause at least one of said at least one processor to receive, from the second network node in response to the information element included in the bearer context modification request, a (Fig. 17, [0182]: UE CONTEXT MODIFICATION REQUEST message including Data Usage report Indication IE (instruction for transmission of data amount information). [0184]: The DU 300 transmits, to the CU 200, a DATA USAGE REPORT message including data amount information that indicates the counted amount of the data (Usage count UL IE and Usage count DL IE) (S605)), and
forwarding code configured to cause at least one of said at least one processor to forward the data usage report to a third network node (Fig. 17, [0185]: The CU 200 transmits, to the second base station 400, a SECONDARY RAT DATA USAGE REPORT message for which the data amount information is used (a SECONDARY RAT DATA USAGE REPORT message including Usage count UL IE and Usage count DL IE) (S607)),
wherein the third network node is a master node (MN) of a dual connectivity (DC) using the MN and a secondary node (SN), and the first network node and the second network node are comprised in the SN of the dual connectivity ([0085]: the first base station 100 operates, for the terminal apparatus 500, as a secondary node (SN) of dual connectivity and the second base station 400 operates, for the terminal apparatus 500, as a master node (MN) of the dual connectivity. Fig. 17: second base station 400 is an MN, and CU 200 and DU 300 are comprised by first base station 100 which is an SN).
Yokoyama does not disclose, but Wang discloses to transmit, to a second network node, a bearer context modification request that includes an information element requesting a data usage report (Fig. 11, [0474]: Step 1001, gNB1-CU-CP transmits a data usage prediction request to gNB1-CU-UP to request the gNB1-CU-UP to predict the data usage of UE and feedback the data usage prediction result of the UE to the gNB1-CU-CP. [0475]: the data usage prediction request may be the aforementioned fifth message. [0152]: the first node transmits a fifth message to the second node, which includes related information for requesting data usage prediction of the user equipment. [0153]: The fifth message may be, for example but not limited to, … a BEARER CONTEXT MODIFICATION REQUEST message of E1); and
to receive, from the second network node in response to the information element included in the bearer context modification request, a bearer context modification response and a data usage report (Fig. 11, [0478]: Step 1003, the gNB1-CU-UP transmits the data usage prediction result to the gNB1-CU-CP to inform the gNB1-CU-CP of the data usage prediction result of the UE. [0479]: the data usage prediction result may be the aforementioned sixth message. [0181]: the second node transmits a sixth message including information related to data usage prediction of the user equipment to the first node, so that the first node can acquire the information related to the data usage prediction of the user equipment. [0183]: The sixth message may be, for example but not limited to, … a BEARER CONTEXT MODIFICATION RESPONSE message).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the CU 200, as taught by Yokoyama, to transmit, to a gNB1-CU-UP, a bearer context modification request comprising a data usage prediction request and to receive, from the gNB1-CU-UP, a bearer context modification response comprising data usage prediction, as taught by Wang.
Doing so allows the first node can acquire the information related to the data usage prediction of the user equipment (Wang: [0181]) which improves the Quality of Service (QOS) performance of the UE (Wang: [0209]).
Regarding claim 8, Yokoyama discloses A method performed by at least one processor of a first network node, the method comprising (Figs. 17 and 21: CU 200 comprised in first base station 100 (SN) includes a processing section 250):
transmitting, to a second network node, a bearer context modification request that includes an information element requesting a data usage report (Fig. 17, [0182]: The CU 200 transmits, to the DU 300, a UE CONTEXT MODIFICATION REQUEST message including Data Usage report Indication IE (instruction for transmission of data amount information) (S601));
receiving, from the second network node in response to the information element included in the bearer context modification request, a bearer context modification response and a data usage report (Fig. 17, [0182]: UE CONTEXT MODIFICATION REQUEST message including Data Usage report Indication IE (instruction for transmission of data amount information). [0184]: The DU 300 transmits, to the CU 200, a DATA USAGE REPORT message including data amount information that indicates the counted amount of the data (Usage count UL IE and Usage count DL IE) (S605)); and
forwarding the data usage report to a third network node (Fig. 17, [0185]: The CU 200 transmits, to the second base station 400, a SECONDARY RAT DATA USAGE REPORT message for which the data amount information is used (a SECONDARY RAT DATA USAGE REPORT message including Usage count UL IE and Usage count DL IE) (S607)),
wherein the third network node is a master node (MN) of a dual connectivity (DC) using the MN and a secondary node (SN), and the first network node and the second network node are comprised in the SN of the dual connectivity ([0085]: the first base station 100 operates, for the terminal apparatus 500, as a secondary node (SN) of dual connectivity and the second base station 400 operates, for the terminal apparatus 500, as a master node (MN) of the dual connectivity. Fig. 17: second base station 400 is an MN, and CU 200 and DU 300 are comprised by first base station 100 which is an SN).
Yokoyama does not disclose, but Wang discloses to transmit, to a second network node, a bearer context modification request that includes an information element requesting a data usage report (Fig. 11, [0474]: Step 1001, gNB1-CU-CP transmits a data usage prediction request to gNB1-CU-UP to request the gNB1-CU-UP to predict the data usage of UE and feedback the data usage prediction result of the UE to the gNB1-CU-CP. [0475]: the data usage prediction request may be the aforementioned fifth message. [0152]: the first node transmits a fifth message to the second node, which includes related information for requesting data usage prediction of the user equipment. [0153]: The fifth message may be, for example but not limited to, … a BEARER CONTEXT MODIFICATION REQUEST message of E1); and
to receive, from the second network node in response to the information element included in the bearer context modification request, a bearer context modification response and a data usage report (Fig. 11, [0478]: Step 1003, the gNB1-CU-UP transmits the data usage prediction result to the gNB1-CU-CP to inform the gNB1-CU-CP of the data usage prediction result of the UE. [0479]: the data usage prediction result may be the aforementioned sixth message. [0181]: the second node transmits a sixth message including information related to data usage prediction of the user equipment to the first node, so that the first node can acquire the information related to the data usage prediction of the user equipment. [0183]: The sixth message may be, for example but not limited to, … a BEARER CONTEXT MODIFICATION RESPONSE message).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the CU 200, as taught by Yokoyama, to transmit, to a gNB1-CU-UP, a bearer context modification request comprising a data usage prediction request and to receive, from the gNB1-CU-UP, a bearer context modification response comprising data usage prediction, as taught by Wang.
Doing so allows the first node can acquire the information related to the data usage prediction of the user equipment (Wang: [0181]) which improves the Quality of Service (QOS) performance of the UE (Wang: [0209]).
Regarding claim 15, Wang discloses A non-transitory computer readable medium having instructions stored therein, which when executed by a processor of a first network node cause the processor to execute a method comprising (Figs. 17 and 21, [0116], [0219]: CU 200 comprised in first base station 100 (SN) includes storage section 230 that stores a program (instructions)):
transmitting, to a second network node, a bearer context modification request that includes an information element requesting a data usage report (Fig. 17, [0182]: The CU 200 transmits, to the DU 300, a UE CONTEXT MODIFICATION REQUEST message including Data Usage report Indication IE (instruction for transmission of data amount information) (S601));
receiving, from the second network node in response to the information element included in the bearer context modification request, a bearer context modification response and a data usage report (Fig. 17, [0182]: UE CONTEXT MODIFICATION REQUEST message including Data Usage report Indication IE (instruction for transmission of data amount information). [0184]: The DU 300 transmits, to the CU 200, a DATA USAGE REPORT message including data amount information that indicates the counted amount of the data (Usage count UL IE and Usage count DL IE) (S605)); and
forwarding the data usage report to a third network node (Fig. 17, [0185]: The CU 200 transmits, to the second base station 400, a SECONDARY RAT DATA USAGE REPORT message for which the data amount information is used (a SECONDARY RAT DATA USAGE REPORT message including Usage count UL IE and Usage count DL IE) (S607)),
wherein the third network node is a master node (MN) of a dual connectivity (DC) using the MN and a secondary node (SN), and the first network node and the second network node are comprised in the SN of the dual connectivity ([0085]: the first base station 100 operates, for the terminal apparatus 500, as a secondary node (SN) of dual connectivity and the second base station 400 operates, for the terminal apparatus 500, as a master node (MN) of the dual connectivity. Fig. 17: second base station 400 is an MN, and CU 200 and DU 300 are comprised by first base station 100 which is an SN).
Yokoyama does not disclose, but Wang discloses to transmit, to a second network node, a bearer context modification request that includes an information element requesting a data usage report (Fig. 11, [0474]: Step 1001, gNB1-CU-CP transmits a data usage prediction request to gNB1-CU-UP to request the gNB1-CU-UP to predict the data usage of UE and feedback the data usage prediction result of the UE to the gNB1-CU-CP. [0475]: the data usage prediction request may be the aforementioned fifth message. [0152]: the first node transmits a fifth message to the second node, which includes related information for requesting data usage prediction of the user equipment. [0153]: The fifth message may be, for example but not limited to, … a BEARER CONTEXT MODIFICATION REQUEST message of E1); and
to receive, from the second network node in response to the information element included in the bearer context modification request, a bearer context modification response and a data usage report (Fig. 11, [0478]: Step 1003, the gNB1-CU-UP transmits the data usage prediction result to the gNB1-CU-CP to inform the gNB1-CU-CP of the data usage prediction result of the UE. [0479]: the data usage prediction result may be the aforementioned sixth message. [0181]: the second node transmits a sixth message including information related to data usage prediction of the user equipment to the first node, so that the first node can acquire the information related to the data usage prediction of the user equipment. [0183]: The sixth message may be, for example but not limited to, … a BEARER CONTEXT MODIFICATION RESPONSE message).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the CU 200, as taught by Yokoyama, to transmit, to a gNB1-CU-UP, a bearer context modification request comprising a data usage prediction request and to receive, from the gNB1-CU-UP, a bearer context modification response comprising data usage prediction, as taught by Wang.
Doing so allows the first node can acquire the information related to the data usage prediction of the user equipment (Wang: [0181]) which improves the Quality of Service (QOS) performance of the UE (Wang: [0209]).
Regarding claim(s) 4, 11, 18, Yokoyama in view of Wang discloses all features of claim(s) 1, 8, 15 as outlined above.
Yokoyama discloses wherein the first network node is a central unit control plane (CU-CP) network node (Fig. 17, [0110]: the CU 200 may be the CU-CP which is the first central unit for the control plane).
Regarding claim(s) 5, 12, 19, Yokoyama in view of Wang discloses all features of claim(s) 1, 8, 15 as outlined above.
Yokoyama does not disclose, but Wang discloses wherein the second network node is a central unit user plane (gNB-CU-UP) network node (Fig. 11: gNB1-CU-UP).
Therefore, 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 system, as shown in Fig. 17 of Yokoyama, to include a gNB1-CU-UP communicating with the gNB1-CU-CP, as shown in Fig. 11 of Wang.
Doing so allows the first node can acquire the information related to the data usage prediction of the user equipment (Wang: [0181]) which improves the Quality of Service (QOS) performance of the UE (Wang: [0209]).
Regarding claim(s) 7, 14, Yokoyama in view of Wang discloses all features of claim(s) 1, 8 as outlined above.
Yokoyama discloses wherein the data usage report is a secondary radio access technology (RAT) usage report (Fig. 17, [0185]: The CU 200 transmits, to the second base station 400, a SECONDARY RAT DATA USAGE REPORT message for which the data amount information is used (a SECONDARY RAT DATA USAGE REPORT message including Usage count UL IE and Usage count DL IE) (S607)).
Regarding claim(s) 21, Yokoyama in view of Wang discloses all features of claim(s) 1 as outlined above.
Yokoyama discloses wherein the data usage report is a report on used resources of a secondary RAT of the secondary node (Fig. 17, [0183]: The DU 300 counts an amount of data transported between the first base station 100 (SN) and the terminal apparatus 500 at RLC layer or MAC layer (S603). [0184]: The DU 300 transmits, to the CU 200, a DATA USAGE REPORT message including data amount information that indicates the counted amount of the data (Usage count UL IE and Usage count DL IE) (S605). [0185]: The CU 200 transmits, to the second base station 400, a SECONDARY RAT DATA USAGE REPORT message for which the data amount information is used (a SECONDARY RAT DATA USAGE REPORT message including Usage count UL IE and Usage count DL IE) (S607)).
Claim(s) 2, 9, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama et al. (US 2019/0174342 A1) in view of Wang et al. (US 2024/0205875 A1), ETSI TS 138 401 V16.3.0 (2020-11), and Byun et al. (US 2023/0262840 A1).
Regarding claim(s) 2, 9, 16, Yokoyama in view of Wang discloses all features of claim(s) 1, 8, 15 as outlined above.
Yokoyama does not disclose, but ETSI discloses wherein the computer program code further includes:
second receiving code configured to cause at least one of said at least one processor to receive, from the third network node, a release request message that causes the first network node to transmit the bearer context modification request to the second network node (Figure 8.9.3.1-1 on pg. 51: Step 0: Bearer context release (e.g., following an SGNB RELEASE REQUEST message from the MeNB) is triggered in gNB-CU-CP. Step 1: The gNB-CU-CP sends a BEARER CONTEXT MODIFICATION REQUEST message to the gNB-CU-UP),
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the CU 200, as taught by Yokoyama, to receive an SGNB RELEASE REQUEST message from the MeNB triggering the gNB-CU-CP sends a BEARER CONTEXT MODIFICATION REQUEST message to the gNB-CU-UP, as taught by ETSI.
Doing so provides a procedure used to release the bearer context in the gNB-CU-UP initiated by the gNB-CUCP (ETSI: pg. 50 section 8.9.3.1).
Wang in view of ETSI does not disclose, but Byun discloses second transmitting code configured to cause at least one of said at least one processor to transmit, to the third network node in response to receiving the bearer context modification response, a release request acknowledgement (Fig. 11A: after the gNB-CU-CP receives a bearer context modification response from the gNB-CU-UP, the gNB-CU-CP eventually transmits an MB Session Resource Release Response to the AMF in step S1109a).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the CU 200, as taught by Yokoyama, to transmit an MB Session Resource Release Response to the AMF in step S1109a after receiving a bearer context modification response from the gNB-CU-UP, as taught by Byun.
Doing so provides a procedure for session leave, stop, and delete where the gNB-CU-CP may report successful release of resources for the MBS (Byun: [0242], [0252]).
Claim(s) 3, 10, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama et al. (US 2019/0174342 A1) in view of Wang et al. (US 2024/0205875 A1) and Cho et al. (US 2024/0064862 A1).
Regarding claim(s) 3, 10, 17, Yokoyama in view of Wang discloses all features of claim(s) 1, 8, 15 as outlined above.
Yokoyama does not disclose, but Cho discloses wherein the computer program code further includes:
second transmitting code configured to cause at least one of said at least one processor to transmit, to the third network node, a release required message (Fig. 9: in step 1, the gNB-CU-CP transmits a SGNB RELEASE REQUIRED to the eNB), and
second receiving code configured to cause at least one of said at least one processor to receive, from the third network node in response to the release required message, a release confirm message that causes the first network node to transmit the bearer context modification request to the second network node (Fig. 9: in step 2, the gNB-CU-CP receives a SGNB RELEASE CONFIRM from the eNB in response to the SGNB RELEASE REQUIRED. [0124]: To support the process of FIG. 9, the following changes highlighted with underlines are proposed to be made to 3GPP TS 38.463 V16.2.0. [0128]-[0129]: 9.2.2.4 Bearer Context Modification Request. This message is sent by the gNB-CU-CP to request the gNB-CU-UP to modify a bearer context).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the CU 200, as taught by Yokoyama, to transmit a SGNB RELEASE REQUIRED to the eNB and receive a SGNB RELEASE CONFIRM from the eNB in response to the SGNB RELEASE REQUIRED and transmit Bearer Context Modification Request to request the gNB-CU-UP to modify a bearer context, as taught by Cho.
Doing so supports the process of Fig. 9 which includes the communication of SGNB RELEASE REQUIRED/CONFIRM between gNB-CU-CP and eNB so that the gNB-CU-UP to modify a bearer context (Cho: Fig. 9, [0124], [0129]).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama et al. (US 2019/0174342 A1) in view of Wang et al. (US 2024/0205875 A1) and Beom-sik et al. (WO 2024/025180 A1).
Regarding claim(s) 22, Yokoyama in view of Wang discloses all features of claim(s) 1 as outlined above.
Yokoyama does not disclose, but Beom-sik discloses wherein the data usage report is received separately from and after the bearer context modification response (pg. 10 paragraph 4: In step 1141, the CU-UP 34 may respond by sending a BEARER CONTEXT MODIFICATION RESPONSE message to the CU-CP 32. Pg. 11 paragraph 3: in step 1159, CU-UP (34) passes Sidelink Relay data usage information to CU-CP (32) (for example, using the SIDELINK RELAY DATA USAGE REPORT message). Or pg. 11 paragraph 7: In step 1260, the CU-UP 34 may respond by sending a BEARER CONTEXT MODIFICATION RESPONSE message to the CU-CP 32. Pg. 12 paragraph 1: the CU-UP 34 may transmit Sidelink Relay data usage information to the CU-CP 32 as data usage information of the remote UE 10 in step 1270 (for example, SIDELINK RELAY DATA USAGE using the REPORT message)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the CU 200, as taught by Yokoyama, to receive the sidelink relay data usage information separately and after the bearer context modification response, as taught by Beom-sik.
Doing so provides a connection procedure for generating and transmitting data usage information provided from the CU-UP (Beom-sik: pg. 10 paragraph 1).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm.
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov
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