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 .
DETAILED ACTION
2. This Office Action is in response to communication filed on 03/20/2026. Claims 31-46 were previously pending. Claims 31-46 are rejected.
Response to Arguments
3.1. Applicant’s arguments, see Remarks filed 03/20/2026 with respect to the rejection(s) of claim(s) 31-46 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wu et al., US 2015/0043566 A1.
3.2. Examiner submitted the "proposed examiner's amendment" on 04/20/26 to propose amending independent claims 31, 34, 39, and 42 to include limitations of dependent claims 32, 37, 40, 45.
A second email was made on 04/23/2026 to reprise the discussion of the allowable subject matters on 04/20/26.
No response has been received.
3.2. Therefore a third non-final office action is issued.
Claim Rejections - 35 USC § 103
4. 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.
4.1. 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 of this title, 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.
4.2. 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.
4.3. Claims 31-46 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Kumar et al., ("Kumar", US 2022/0217560 A1) in view of Wu et al., (“Wang”, US 2015/0043566 A1).
Regarding Claim 31, Kumar teaches a method performed by a wireless device for initiating performance of Quality of Experience (QoE) measurements for a first application, the method comprising:
receiving, from a base station, a first request to perform one or more measurements according to a QoE measurement configuration, wherein the request comprises an indication of the QoE measurement configuration, wherein the QoE measurement configuration is associated with a service type of a first application (Kumar, FIG.4, UE 402, BS 404, S412a, [0070, 72]: At 412a, the UE 402 may receive a RAN decodable QoE measurement information configuration from an OAM server for the UE application layer, via the base station 404, which may include triggering/reporting information for one or more QoE measurements of the UE 402. The triggering/reporting information may be received at the UE 402 as an application layer triggering/reporting condition; FIG.4, S416, [0072]: the UE 402 may perform the QoE measurement for the one or more types of services. At 416, the QoE measurement(s) may be stored at the application layer (e.g., in a system architecture 4 (SA4) container) or at the RRC layer (e.g., based on a trace identifier (ID) or a reference ID) (“service type”); [0083]: The RAN decodable QoE measurement parameters may include a QoE satisfaction level, application layer throughput, delay, jitter, etc. (“service subtype”) Separate reporting triggers may be configured for the SA4 container/application layer container (“application”) (e.g., per service type and/or per trace identifier (ID)/reference ID) for reporting, at 418, the QoE measurement information per service type and/or per reference ID);
initiating one or more QoE measurements according to the QoE measurement configuration (Kumar, S414, [0072]: At 414, UE 402 may perform the QoE measurement for the one or more types of services); and
transmitting a QoE measurement report comprising results of the one or more QoE measurements to the base station (Kumar, FIG.4, S418, [0072]: The UE 402 may transmit, at 418, the QoE measurement information to the base station 404 via the application layer or the RRC layer. In configurations where the QoE measurement information is stored at the application layer in the SA4 container or other application layer container, the UE 402 may transmit, at 418, the QoE measurement information to the base station 404 or to the QoE server via the base station 404).
Kumar does not expressly teach
a service type of a first application and at least one service subtype
Wang teaches (Wang, FIG.7, [0048-49]: a service type element includes a Service Type field and a Subtype field,).
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Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate “service type element” of Wang into the invention of Kumar. The suggestion/motivation would have been to incorporate information field in the Service type element includes a Service Type field and a Subtype field, used for indicating a service type to which a UE sending an association request belongs. Including “service type element” of Wang into the invention of Kumar was within the ordinary ability of one of ordinary skill in the art based on the teachings of Wang.
Regarding Claim 32, Kumar-Wang teaches the method of claim 31, wherein the service type of the first application and the at least one service subtype of the first application are indicated in separate information elements (Wang, FIG.7, [0048-49]: If information in the Service Type field indicates the Offloading service, 00000000 in the Subtype field indicates a first-type offloading service, 00000001 indicates a second-type offloading service, and the like. If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service, 00000001 indicates a second-type hybrid service, and the like.).
Regarding Claim 33, Kumar-Wang teaches the method of claim 31, wherein the service type of the first application is associated with a first set of QoE metrics and the at least one service subtype is associated with a second set of QoE metrics wherein the QoE measurement configuration comprises both the first set of QoE metrics and the second set of QoE metrics (Wang, [0049]: If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service (“first set”), 00000001 indicates a second-type hybrid service (“second set”), and the like).
Regarding Claim 34, Kumar teaches a method performed by a base station for initiating performance of Quality of Experience (QoE) measurements for a first application, the method comprising:
transmitting, to a wireless device, a first request to perform one or more measurements according to a QoE measurement configuration, wherein the request comprises an indication of the QoE measurement configuration, and wherein the QoE measurement configuration is associated with a service type of a first application (Kumar, FIG.4, UE 402, BS 404, S412a, [0072]: At 412a, the UE 402 may receive a RAN decodable QoE measurement information configuration from an OAM server for the UE application layer, via the base station 404, which may include triggering/reporting information for one or more QoE measurements of the UE 402. The triggering/reporting information may be received at the UE 402 as an application layer triggering/reporting condition; FIG.4, S414, [0072]: the UE 402 may perform the QoE measurement for the one or more types of services. At 416, the QoE measurement(s) may be stored at the application layer (e.g., in a system architecture 4 (SA4) container) or at the RRC layer (e.g., based on a trace identifier (ID) or a reference ID) (“service type”)); and
receiving a QoE measurement report associated with the QoE measurement configuration (Kumar, FIG.4, S418, [0072]: The UE 402 may transmit, at 418, the QoE measurement information to the base station 404 via the application layer or the RRC layer. In configurations where the QoE measurement information is stored at the application layer in the SA4 container or other application layer container, the UE 402 may transmit, at 418, the QoE measurement information to the base station 404 or to the QoE server via the base station 404).
Kumar does not expressly teach
a service type of a first application and at least one service subtype.
Wang teaches (Wang, FIG.7, [0048-49]: a service type element includes a Service Type field and a Subtype field,).
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Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate “service type element” of Wang into the invention of Kumar. The suggestion/motivation would have been to incorporate information field in the Service type element includes a Service Type field and a Subtype field, used for indicating a service type to which a UE sending an association request belongs. Including “service type element” of Wang into the invention of Kumar was within the ordinary ability of one of ordinary skill in the art based on the teachings of Wang.
Regarding Claim 35, Kumar-Wang teaches the method of claim 34, further comprising:
receiving, from a network node, a set of QoE measurement configurations comprising the QoE measurement configuration (Kumar, FIG.5, S505, [0085-86]: As S505, the base station may receive, and the QoE server (“network node”) may send, QoE configuration information. The QoE configuration information may indicate one or more parameters, associated with the application, to be measured).
Regarding Claim 36, Kumar-Wang teaches the method of claim 35, further comprising:
receiving, from the network node, information identifying the service type of the first application and information identifying the at least one service subtype of the first application (Wang, FIG.7, [0048-49]: a service type element includes a Service Type field and a Subtype field).
Regarding Claim 37, Kumar-Wang teaches the method of claim 36, wherein the information identifying the service type of the first application and information identifying the at least one service subtype of the first application form separate information elements (Wang, FIG.7, [0048-49]: If information in the Service Type field indicates the Offloading service, 00000000 in the Subtype field indicates a first-type offloading service, 00000001 indicates a second-type offloading service, and the like. If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service, 00000001 indicates a second-type hybrid service, and the like).
Regarding Claim 38 Kumar-Wang teaches the method of claim 34, wherein the service type of the first application is associated with a first set of QoE metrics, and the at least one service subtype is associated with a second set of QoE metrics, wherein the QoE measurement configuration comprises both the first set of QoE metrics and the second set of QoE metrics ((Wang, FIG.7, [0048-49]: If information in the Service Type field indicates the Offloading service, 00000000 in the Subtype field indicates a first-type offloading service, 00000001 indicates a second-type offloading service, and the like. If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service, 00000001 indicates a second-type hybrid service, and the like).
Regarding Claim 39, Kumar teaches a wireless device for initiating performance of Quality of Experience (QoE) measurements for a first application, the wireless device comprising a processor and a memory, said memory containing instructions executable by said processor whereby said wireless device is operative to (Kumar, FIG.3, UE 350, processor 359, memory 360, [0059-60]: The controller/processor 359 can be associated with a memory 360 that stores program codes and data):
receive, from a base station, a first request to perform one or more measurements according to a QoE measurement configuration, wherein the request comprises an indication of the QoE measurement configuration, wherein the QoE measurement configuration is associated with a service type of a first application (Kumar, FIG.4, UE 402, BS 404, [0070]: The UE 402 may transmit an indication of the determined UE capabilities to the base station 404, based on the UE capabilities determined (e.g., in association with the number of UE capabilities); [0071]: UE 402 may receive a QoE measurement information configuration from an OAM server for triggering/reporting information for one or more QoE measurements; [0089]: send QoE measurements per service type (e.g., per application and/or per application type);
initiate one or more QoE measurements according to the QoE measurement configuration (Kumar, S414, [0077]: The UE 402 may be configured to perform simultaneous QoE measurements for the plurality of service types and/or multiple instances of QoE measurements for a single service type); and
transmit a QoE measurement report comprising results of the one or more QoE measurements to the base station (Kumar, [0072]: the UE 402 may transmit the QoE measurement information to the base station 404).
Kumar does not expressly teach
a service type of a first application and at least one service subtype of the first application.
Wang teaches (Wang, FIG.7, [0048-49]: a service type element includes a Service Type field and a Subtype field,).
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Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate “service type element” of Wang into the invention of Kumar. The suggestion/motivation would have been to incorporate information field in the Service type element includes a Service Type field and a Subtype field, used for indicating a service type to which a UE sending an association request belongs. Including “service type element” of Wang into the invention of Kumar was within the ordinary ability of one of ordinary skill in the art based on the teachings of Wang.
Regarding Claim 40, Kumar-Wang teaches the wireless device of claim 39, wherein the service type of the first application and the at least one service subtype of the first application are indicated in separate information elements (Wang, FIG.7, [0048-49]: If information in the Service Type field indicates the Offloading service, 00000000 in the Subtype field indicates a first-type offloading service, 00000001 indicates a second-type offloading service, and the like. If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service, 00000001 indicates a second-type hybrid service, and the like).
Regarding Claim 41, Kumar-Wang teaches the wireless device of claim 39, wherein the service type of the first application is associated with a first set of QoE metrics, and the at least one service subtype is associated with a second set of QoE metrics, wherein the QoE measurement configuration comprises both the first set of QoE metrics and the second set of QoE metrics (Wang, [0049]: If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service (“first set”), 00000001 indicates a second-type hybrid service (“second set”), and the like).
Regarding Claim 42, Kumar teaches a base station for initiating performance of Quality of Experience (QoE) measurements for a first application, the base station comprising a processor and a memory, said memory containing instructions executable by said processor whereby said base station is operative to (Kumar, FIG.3, BS 310, processor 375, memory 376, [0064]: The controller/processor 375 can be associated with a memory 376 that stores program codes and data):
transmit, to a wireless device, a first request to perform one or more measurements according to a QoE measurement configuration, wherein the request comprises an indication of the QoE measurement configuration, and wherein the QoE measurement configuration is associated with a service type of a first application (Kumar, FIG.4, UE 402, BS 404, [0070]: The UE 402 may transmit an indication of the determined UE capabilities to the base station 404, based on the UE capabilities determined (e.g., in association with the number of UE capabilities; [0071]: UE 402 may receive a QoE measurement information configuration from an OAM server via the base station 404, which may include triggering/reporting information for one or more QoE measurements of the UE 402; [0089]: performs QoE measurements per service type (e.g., per application and/or per application type)); and
receive a QoE measurement report associated with the QoE measurement configuration (Kumar, [0072]: the UE 402 may transmit the QoE measurement information to the base station 404).
Kumar does not expressly teach
a service type of a first application and at least one service subtype of the first application.
Wang teaches (Wang, FIG.7, [0048-49]: a service type element includes a Service Type field and a Subtype field,).
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Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate “service type element” of Wang into the invention of Kumar. The suggestion/motivation would have been to incorporate information field in the Service type element includes a Service Type field and a Subtype field, used for indicating a service type to which a UE sending an association request belongs. Including “service type element” of Wang into the invention of Kumar was within the ordinary ability of one of ordinary skill in the art based on the teachings of Wang.
Regarding Claim 43, Kumar-Wang teaches the base station of claim 42, further comprising:
receiving, from a network node, a set of QoE measurement configurations comprising the QoE measurement configuration (Kumar, [0153]: the base station may identify that the base station supports the RAN decodable QoE configuration based on at least one of the indication of the at least one of the multiple instances or the simultaneous instances of the one or more UE capabilities or a second indication from an OAM server).
Regarding Claim 44, Kumar-Wang teaches the base station of claim 43, wherein the base station is further operative to: receive, from the network node, information identifying the service type of the first application and information identifying the at least one service subtype of the first application (Wang, FIG.7, [0048-49]: a service type element includes a Service Type field and a Subtype field).
Regarding Claim 45, Kumar-Wang teaches the base station of claim 44, wherein the information identifying the service type of the first application and information identifying the at least one service subtype of the first application form separate information elements (Wang, FIG.7, [0048-49]: If information in the Service Type field indicates the Offloading service, 00000000 in the Subtype field indicates a first-type offloading service, 00000001 indicates a second-type offloading service, and the like. If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service, 00000001 indicates a second-type hybrid service, and the like).
Regarding Claim 46, Kumar-Wang teaches the base station of claim 42, wherein the service type of the first application is associated with a first set of QoE metrics, and the at least one service subtype is associated with a second set of QoE metrics, wherein the QoE measurement configuration comprises both the first set of QoE metrics and the second set of QoE metrics (Wang, [0049]: If information in the Service Type field indicates the hybrid type service, 00000000 in the Subtype field indicates a first-type hybrid service (“first set”), 00000001 indicates a second-type hybrid service (“second set”), and the like).
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Gupta et al., US 2022/0021598 A1, Method For Evaluating Application Quality Of Experience Metrics Over Software-defined Wide Area Network, Involves Determining Pattern In Corresponding Ranges, And Sending Number Of Active Probe Packets Based On Determined Pattern, FIG.3, [0031-33].
Mohan et al., US 2020/0153701 A1, Method For Predicting Application Quality Of Experience Metrics Using Adaptive Machine Learned Probes, Involves Updating Reference Data Store To Include Updated Set Of Flow Metrics For Probe Packets For Respective Wide Area Network Link, [0035-36].
Chakrabarti et al., CN 108702799 A, Method In Network Device, Involves Receiving From Low Powered Device Gateway Collected Data From Selection Of Multiple Low Powered Devices And Sending To Packet Data Network (PDN) Gateway Collected Data, 2018.10.23.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHHIAN (AMY) LING whose telephone number is (571)270-1074. The examiner can normally be reached on M-F 9-6 ET.
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, BRIAN J GILLIS can be reached on (571) 272-7952. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.L/Examiner, Art Unit 2446
/BRIAN J. GILLIS/Supervisory Patent Examiner, Art Unit 2446
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