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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on March 231, 2024 and July 15, 2025 have been considered by the Examiner and made of record in the application file.
Election/Restrictions
Applicant’s election of group I corresponding to claims 1-9 and 18-24 in the reply filed on January 26, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claims 10-13 are objected to because of the following informalities: the claims have been withdrawn from consideration due to a rejection requirement and they must be marked as “Withdrawn”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-9, 18-20 and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Park et al. (US 2023/0199900, “Park”).
Regarding claim 1, Park teaches a method in a distributed unit (DU) of a distributed base station (FIG. 28, gNB-DU) for managing early data transmission, the method comprising:
receiving, by the DU from a user equipment (UE) operating in an inactive state associated with a protocol for controlling radio resources (FIG. 28 UE sends “RRC early data request” to gNB-DU, [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Since RRC request is an early data transmission request/small data transmission request, the UE is understood to be either in RRC inactive state or an RRC idle state, see [0256] “a base station DU receives uplink data for a small data transmission from a wireless device in an RRC inactive state or an RRC idle state”), (i) first data and (ii) a message formatted in accordance with the protocol (FIG. 28 UE sends “RRC early data request” and “UL data.” [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Note: RRC SDT/EDU corresponds to claimed “a message formatted in accordance with the protocol” and uplink data corresponds to claimed “first data”);
transmitting, by the DU to a central unit (CU) of the distributed base station, the message via a control plane interface ([0262] “The base station DU may send, to the base station CU, the RRC request message.” FIG. 28 shows gnB-DU sends “message comprising RRC resume request/RRC early data requeste (and DL TEID(S))” to gNB-CU-CP which corresponds to claimed “control plane interface”);
transmitting, by the DU, the first data to the CU via a user plane interface after transmitting the message ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface”);
receiving, from the UE operating in the inactive state, second data after transmitting the first data to the CU ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.” [0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.” It is understood UE transmits subsequent data to DU which then communicates the subsequent uplink data o the base station CU); and
transmitting, by the DU, the second data to the CU via the user plane interface ([0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.”)
Regarding claim 2, Park teaches claim 1 and further teaches after the transmitting the message via the control plane interface: performing a UE context setup procedure or a UE context modification procedure with the CU ([0262] “The base station DU may receive, from the base station CU, a configuration message comprising the first contexts of the wireless device and a first field indicating the small data transmission. The base station DU may process/decode, based on the first field, the uplink data using the first contexts of the wireless device. The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data. The base station DU may send, to the base station CU (e.g., the base station CU-CP), a configuration response message responding to the configuration message.”); and
transmitting the first data to the CU via the user plane interface in response to the performing ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface.”)
Regarding claim 3, Park teaches claim 1 and further teaches wherein: receiving the data includes: receiving a first segment of the first data with the message and subsequently receiving one or more remaining segments of the first data ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); and assembling the first segment and the one or more remaining segments to obtain the first data; and transmitting the message includes: transmitting the message after receiving the first segment and prior to assembling the first segment and the one or more remaining segments ([0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.”)
Regarding claim 5, Park teaches claim 1 and further teaches receiving, by the DU from the CU, third data over the user plane interface after transmitting the first data to the CU; and transmitting, by the processing hardware, the third data to the UE ([0262] “the base station DU may receive, from the base station CU, downlink data associated with the small data transmission. The base station DU may process the downlink data using the first contexts of the wireless device. The base station DU may send, to the wireless device, the processed downlink data.” FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE).
Regarding claim 8, Park teaches claim 1 and further teaches wherein receiving (i) the first data and (ii) the message includes receiving an uplink transmission including the first data with the message ([0226] “UE may send an RRC Early Data Request message concatenating user data”).
Regarding claim 9, Park teaches claim 1 and further teaches wherein transmitting the message includes transmitting the message in an Initial UL RRC Message Transfer message ([0262] “base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission”).
Regarding claim 18, Park teaches a distributed unit (DU) of a distributed base station, the DU including processing hardware (FIG. 28, gNB-DU) and configured to:
receive, from a user equipment (UE) operating in an inactive state associated with a protocol for controlling radio resources (FIG. 28 UE sends “RRC early data request” to gNB-DU, [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Since RRC request is an early data transmission request/small data transmission request, the UE is understood to be either in RRC inactive state or an RRC idle state, see [0256] “a base station DU receives uplink data for a small data transmission from a wireless device in an RRC inactive state or an RRC idle state”), (i) first data and (ii) a message formatted in accordance with the protocol (FIG. 28 - UE sends “RRC early data request” and “UL data.” [0262] “the base station DU may receive, from the wireless device, an RRC request message for a small data transmission (SDT) and uplink data associated with the small data transmission.” Note: RRC SDT/EDU corresponds to claimed “a message formatted in accordance with the protocol” and uplink data corresponds to claimed “first data”),
transmit, to a central unit (CU) of the distributed base station, the message via a control plane interface ([0262] “The base station DU may send, to the base station CU, the RRC request message.” FIG. 28 shows gnB-DU sends “message comprising RRC resume request/RRC early data requeste (and DL TEID(S))” to gNB-CU-CP which corresponds to claimed “control plane interface”),
transmit, to the CU, the first data via a user plane interface after transmitting the message ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface”),
receive, from the UE operating in the inactive state, second data after transmitting the first data to the CU, and transmit the second data to the CU via the user plane interface ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.” [0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.” It is understood UE transmits subsequent data to DU which then communicates the subsequent uplink data o the base station CU).
Regarding claim 19, Park teaches claim 18 and further teaches after the transmitting the message via the control plane interface: perform a UE context setup procedure or a UE context modification procedure with the CU ([0262] “The base station DU may receive, from the base station CU, a configuration message comprising the first contexts of the wireless device and a first field indicating the small data transmission. The base station DU may process/decode, based on the first field, the uplink data using the first contexts of the wireless device. The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data. The base station DU may send, to the base station CU (e.g., the base station CU-CP), a configuration response message responding to the configuration message”); and transmit the first data to the CU via the user plane interface in response to the performing ([0262] “The base station DU may send, to the base station CU (e.g., the base station CU-UP), the processed uplink data”, also see FIG. 28 which shows gNB-DU sends “UL data” to gNB-CU-UP which corresponds to claimed “user plane interface.”).
Regarding claim 20, Park teaches claim 18 and further teaches to: receive a first segment of the first data with the message and subsequently receiving one or more remaining segments of the first data ([0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); and assemble the first segment and the one or more remaining segments to obtain the first data; and transmit the message after receiving the first segment and prior to assembling the first segment and the one or more remaining segments ([0319] “the base station DU may process the uplink data (e.g., and/or the at least one subsequent data, at least one subsequent uplink data, etc.) using the first contexts. In an example, the base station DU may send, to the base station CU (e.g., the base station CU-UP), the uplink data (e.g., the processed uplink data) using the first contexts.”).
Regarding claim 22, Park teaches claim 18 and further teaches to: receive, from the CU, third data over the user plane interface after transmitting the first data to the CU; and transmit the third data to the UE ([0262] “the base station DU may receive, from the base station CU, downlink data associated with the small data transmission. The base station DU may process the downlink data using the first contexts of the wireless device. The base station DU may send, to the wireless device, the processed downlink data.” FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 4 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Khjoshnevisan et al. (US 2021/0289540).
Regarding claim 4, Park teaches claim 1 but fails to teach wherein: receiving the first data includes receiving the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receiving the second data includes receiving the second data in a second transmission having the first HARQ process number.
Khjoshnevisan teaches wherein: receiving the first data includes receiving the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receiving the second data includes receiving the second data in a second transmission having the first HARQ process number ([0005] “transmitting a first uplink transmission during a first uplink grant occasion according to the first uplink configured grant configuration and a second uplink transmission during a second uplink grant occasion according to the second uplink configured grant configuration, where both the first uplink transmission and the second uplink transmission correspond to a same transport block and a HARQ identifier.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein: receiving the first data includes receiving the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receiving the second data includes receiving the second data in a second transmission having the first HARQ process number, as taught by Khoshnevisan in Park, to promote enhanced efficiency for high reliability and low latency uplink operations.
Regarding claim 21, Park teaches claim 18 but fails to teach to receive the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receive the second data includes receiving the second data in a second transmission having the first HARQ process number.
Khjoshnevisan teaches receive the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receive the second data includes receiving the second data in a second transmission having the first HARQ process number ([0005] “transmitting a first uplink transmission during a first uplink grant occasion according to the first uplink configured grant configuration and a second uplink transmission during a second uplink grant occasion according to the second uplink configured grant configuration, where both the first uplink transmission and the second uplink transmission correspond to a same transport block and a HARQ identifier.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to receive the first data in a first transmission having a first hybrid automatic repeat request (HARQ) process number; and receive the second data includes receiving the second data in a second transmission having the first HARQ process number, as taught by Khoshnevisan in Park, to promote enhanced efficiency for high reliability and low latency uplink operations.
Claims 6 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of
Chang et al. (US 2022/0167452, “Chang”)
Regarding claim 6, Park teaches claim 1 but fails to teach configuring, by the DU, the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state.
Chang teaches configuring, by the DU, the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state ([0133] “UE receives an RRC message including a pre-configured uplink resource configuration from a base station. The RRC message includes a maximum count of HARQ transmission on the pre-configured resource. The maximum count of HARQ transmission may also be a maximum count of HARQ retransmission.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to configuring, by the DU, the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state, as taught by Chang in Park, to avoid power consumption caused by the UE due to unrestricted monitoring of retransmission.
Regarding claim 23, Park teaches claim 18 but fails to teach configure the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state.
Chang teaches to configure the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state ([0133] “UE receives an RRC message including a pre-configured uplink resource configuration from a base station. The RRC message includes a maximum count of HARQ transmission on the pre-configured resource. The maximum count of HARQ transmission may also be a maximum count of HARQ retransmission.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to configure the UE to use a count of HARQ processes equal to or below a threshold count to transmit a plurality of uplink data packets when the UE operates in the inactive state, as taught by Chang in Park, to avoid power consumption caused by the UE due to unrestricted monitoring of retransmission.
Claims 7 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Liu et al. (US 2021/0377757, “Liu”).
Regarding claim 7, Park teaches claim 1 and further teach receiving, by the DU from the CU over the user plane interface, a plurality of downlink data packets (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); {determining, by the DU, a threshold count of HARQ processes based on UE capability information}; and transmitting, by the DU, the plurality of downlink data packets to the UE (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like”{using a count of HARQ processes equal to or below the threshold count}.
Although Park does not teach determining, by the DU, a threshold count of HARQ processes based on UE capability information, and transmitting using a count of HARQ processes equal to or below the threshold count, however, Park teaches HARQ is used, for example, [0204] recites “UE may transmit the HARQ acknowledgements after receiving a DL-SCH transport block” and [0141] “transport block and potential HARQ retransmissions of the transport block may be mapped to a serving cell.” The Examiner submits that as part of HARQ, data retransmissions being limited to a number of transmissions is well known in the art. Liu teaches determining, by the DU, a threshold count of HARQ processes based on UE capability information, and transmitting using a count of HARQ processes equal to or below the threshold count ([0142] “… there is an independent HARQ mechanism between the terminal device and the IAB node 2, there is an independent HARQ mechanism between the IAB node 1 and the IAB node 2, and there is an independent HARQ mechanism between the IAB node 1 and the IAB donor.” [0195] “an IAB node 2 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 2 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Uu interface. An IAB node 1 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 1 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Un 1 interface.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature determining, by the DU, a threshold count of HARQ processes based on UE capability information, and transmitting using a count of HARQ processes equal to or below the threshold count, as taught by Liu in Park, to prevent unnecessary transmissions when radio link failure occurs.
Regarding claim 24, Park teaches claim 18 and further teach to: receive, from the CU over the user plane interface, a plurality of downlink data packets (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like.”); {determine a threshold count of HARQ processes based on UE capability information}; and transmit the plurality of downlink data packets to the UE (FIG. 28 shows dotted arrows indicating gNB-DU receives DL data from gNB-CU-UP and sends DL data to UE. [0268] “In an example, the small data transmission may comprise transmission of at least one of: an initial uplink data (e.g., the uplink data), an initial downlink data (e.g., the downlink data associated with the MT-EDT), at least one subsequent data of the at least one subsequent data transmission indicated in the at least one assistance parameter, at least one subsequent uplink data, at least one subsequent downlink data, and/or the like”{using a count of HARQ processes equal to or below the threshold count}.
Although Park does not teach to determine, by the DU, a threshold count of HARQ processes based on UE capability information, and transmit using a count of HARQ processes equal to or below the threshold count, however, Park teaches HARQ is used, for example, [0204] recites “UE may transmit the HARQ acknowledgements after receiving a DL-SCH transport block” and [0141] “transport block and potential HARQ retransmissions of the transport block may be mapped to a serving cell.” The Examiner submits that as part of HARQ, data retransmissions being limited to a number of transmissions is well known in the art. Liu teaches determine, by the DU, a threshold count of HARQ processes based on UE capability information, and transmit using a count of HARQ processes equal to or below the threshold count ([0142] “… there is an independent HARQ mechanism between the terminal device and the IAB node 2, there is an independent HARQ mechanism between the IAB node 1 and the IAB node 2, and there is an independent HARQ mechanism between the IAB node 1 and the IAB donor.” [0195] “an IAB node 2 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 2 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Uu interface. An IAB node 1 determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs, that is, an IAB node 1 DU determines a maximum quantity of DL HARQ retransmissions or a maximum quantity of times of NACKs of a Un 1 interface.”)
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature to determine, by the DU, a threshold count of HARQ processes based on UE capability information, and transmit using a count of HARQ processes equal to or below the threshold count, as taught by Liu in Park, to prevent unnecessary transmissions when radio link failure occurs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park et al. (US 2022/0210868) discloses subsequent data transmission for small data transmission.
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/QUOC THAI N VU/ Primary Examiner, Art Unit 2642