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 statement (IDS) submitted on 09/11/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 11-14, 20-24, 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (2023/0371111), hereinafter Xu.
Re. Claims 11 and 21, Xu teaches a method performed in a first communication device, comprising transmitting and receiving circuitry and processing circuitry (Fig. 17), operating in a wireless communication network as a relay node, wherein the wireless communication network comprises a network node providing a coverage area and at least two mobile communication devices (¶0003 - For example, when a user equipment (for example, remote UE) is outside coverage of a communication network, or quality of communication between the user equipment and an access network device in the communication network is poor, the user equipment may indirectly communicate with the communication network based on D2D communication, in other words, through a relay (for example, relay UE)), the method comprising: receiving a request from the network node to function as a relay node for a second communication device (¶0287- In addition to requesting to establish a connection to a peer device, the direct connection request message may further request a relay service); entering into a relay mode operation (¶0290 - The remote terminal initiates the direct communication request message to the relay terminal, to request to establish a PC5 link with the relay terminal); setting up a relay link comprising a first communication link between the first communication device and the network node and a second communication link between the first communication device and the second communication device (¶0296 - After step 204 and step 205, the remote terminal establishes the PC5 link with the relay terminal. The PC5 link may be used for direct communication between the relay terminal and the remote terminal); relaying communications between the network node and the second communication device via the relay link (¶0296 - may be further used by the relay terminal to provide the relay service or indirect communication for the remote terminal); and
wherein in the relay mode operation, at least one of the mobility and functionality of the first communication device in a normal mode operation is controllable to prioritize the relaying function (¶0385 - The PCF may further determine, based on requirements of the first application for different performance, a priority of the relay mode corresponding to the first application).
Re. Claims 12 and 22, Xu teaches Claims 11 and 21.
Xu additionally teaches wherein to prioritize the relaying function, the method comprises any one or a combination of the following: a) reserving resources within the first communication device to perform the relaying function (¶0013 - the first policy information determined by the policy control function network element may be further enabled to better match the remote terminal, configuring the first policy information for the remote terminal by the policy control function network element is optimized, and overheads of sending the first policy information to the remote terminal by the policy control function network element may be further reduced. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “One or a combination of”); b) releasing one or more of the other communication links; c) releasing one or more of the other communication activities; d) releasing one or more of data processing activities; e) enabling specific hardware capabilities such as hardware acceleration if such capabilities exist; f) changing beam direction; g) adapting beam selection; h) adapting security within the first communication device.
Re. Claims 13 and 23, Xu teaches Claims 11 and 21.
Xu additionally teaches wherein the method further comprises: monitoring a quality of the second communication link, and informing the network node of the quality of the second communication link (¶0003 – when a user equipment (for example, remote UE) is outside coverage of a communication network, or quality of communication between the user equipment and an access network device in the communication network is poor, the user equipment may indirectly communicate with the communication network based on D2D communication).
Re. Claims 14 and 24, Xu teaches Claims 11 and 21.
Xu additionally teaches wherein the method further comprises: monitoring a quality of the first communication link; and informing the network node of the quality of the first communication link (¶0003 - when a user equipment (for example, remote UE) is outside coverage of a communication network, or quality of communication between the user equipment and an access network device in the communication network is poor, the user equipment may indirectly communicate with the communication network based on D2D communication).
Re. Claims 20 and 30, Xu teaches Claims 11 and 21.
Xu additionally teaches further comprising: exiting from the relay mode operation based on any one of: a) a predefined time period that is expired; b) an instruction received from the network node; c) an indication received from the second communication device. d) inability to function as a relay node anymore due to some critical functionality that will prevent the first communication device from continuing in relay mode operation (¶0057 - In the foregoing technical solution, when determining that the relay terminal does not support a relay mode (the seventh relay mode) selected by the remote terminal, the relay terminal may feed back the fourth response message to the remote terminal, to indicate that the relay terminal does not support the seventh relay mode, so that the remote terminal determines again, based on first policy information and the seventh relay mode, a relay mode that can be supported by the relay terminal. In this way, the remote terminal performs relay communication via the relay terminal in the first relay mode. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “One or a combination of”).
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.
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 15-19, and 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Fan et al. (2021/0185546), hereinafter Fan.
Re. Claims 15 and 25, Xu teaches Claims 11 and 21.
Yet, Xu does not expressly teach wherein the movement of the first communication device is controllable and the method comprises: adjusting the position of the first communication device so that the quality of the first and second communication links meet a required threshold, wherein the quality threshold for the first communication link is greater than or equal to the quality threshold for the second communication link.
However, Fan explicitly teaches wherein the movement of the first communication device is controllable and the method comprises: adjusting the position of the first communication device so that the quality of the first and second communication links meet a required threshold, wherein the quality threshold for the first communication link is greater than or equal to the quality threshold for the second communication link (¶0026 - In response to the observed signal quality falling below the given threshold as described above, the mobile antenna device 10 can move from its original location to a different location. Examiner interprets, since the intent of the change in location is to improve signal quality, that the movement is to a location that has a quality higher than the requisite threshold).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Fan to the teaching of Xu. The motivation for such would be as Fan provides that the communication device can move to a location when the connection goes below a threshold (¶0026, Fan). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claims 16 and 26, Xu and Fan teach 15 and 25.
Yet, Xu does not expressly teach wherein adjusting the position is performed based on any one or a combination of the following: a) instructions received from the network node; b) information received from the second communication device; c) stored location information; d) predicted channel quality in the moving path of the second communication device; e) historic data on channel quality at different positions.
However, Fan expressly teaches wherein adjusting the position is performed based on any one or a combination of the following: a) instructions received from the network node; b) information received from the second communication device; c) stored location information (¶0026 - In response to the observed signal quality falling below the given threshold as described above, the mobile antenna device 10 can move from its original location to a different location. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “One or a combination of”); d) predicted channel quality in the moving path of the second communication device; e) historic data on channel quality at different positions.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Fan to the teaching of Xu. The motivation for such would be as Fan provides that the communication device can move to a location when the based on the stored location and threshold information (¶0026, Fan). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claims 17 and 27, Xu and Fan teach claims 15 and 25.
Yet, Xu does not expressly teach wherein adjusting the position so that the quality of the first and second communication links meet a required threshold is performed by: taking one unit of movement; checking the quality of the first communication link; adjusting the position of the first communication device if the quality of the first communication links does not meet a required threshold; checking the quality of the second communication link; adjusting the position of the first communication device if the quality of the second communication links does not meet a required threshold.
However, Fan explicitly teaches wherein adjusting the position so that the quality of the first and second communication links meet a required threshold is performed by: taking one unit of movement (¶0026 - In response to the observed signal quality falling below the given threshold as described above, the mobile antenna device 10 can move from its original location to a different location); checking the quality of the first communication link; adjusting the position of the first communication device if the quality of the first communication links does not meet a required threshold (¶0015 - facilitating movement of the device from a first position associated with a user equipment to a second position in response to an observed signal strength at the user equipment from a communication network being determined to have fallen below a threshold. Examiner interprets this method can be easily replicated for both the first and second devices); checking the quality of the second communication link; adjusting the position of the first communication device if the quality of the second communication links does not meet a required threshold (¶0015 - facilitating movement of the device from a first position associated with a user equipment to a second position in response to an observed signal strength at the user equipment from a communication network being determined to have fallen below a threshold. Examiner interprets this method can be easily replicated for both the first and second devices).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Fan to the teaching of Xu. The motivation for such would be as Fan provides that the communication device can move to a location when the connection goes below a threshold (¶0026, ¶0015 Fan). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claims 18 and 28, Xu and Fan teach Claims 11 and 21.
Yet, Xu does not expressly teach wherein the movement of the first communication device is controllable and the method comprises: adjusting the velocity of the first communication device to avoid entering an area where the quality of the first communication link does not or will not meet a required threshold.
However, Fan explicitly teaches wherein the movement of the first communication device is controllable and the method comprises: adjusting the velocity of the first communication device to avoid entering an area where the quality of the first communication link does not or will not meet a required threshold (¶0026 - In response to the observed signal quality falling below the given threshold as described above, the mobile antenna device 10 can move from its original location to a different location. Examiner interprets that inherently, by moving the device from a location that does not meet the threshold communication link, to an area that meets the threshold, implies that the velocity of the device must have been managed to a degree to allow the device to reach its destination).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Fan to the teaching of Xu. The motivation for such would be as Fan provides that the communication device can adjust its velocity to a location when the connection goes below a threshold (¶0026, Fan). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claims 19 and 29, Xu and Fan teach Claims 18 and 28.
However, Xu does not expressly teach wherein adjusting the velocity is performed based on any one or a combination of the following: a) instructions received from the network node; b) information received from the second communication device; c) stored location information; d) predicted channel quality in the moving path of the second communication device; e) historic data on channel quality at different positions.
Yet, Fan explicitly teaches wherein adjusting the velocity is performed based on any one or a combination of the following: a) instructions received from the network node; b) information received from the second communication device; c) stored location information (¶0026 - In response to the observed signal quality falling below the given threshold as described above, the mobile antenna device 10 can move from its original location to a different location. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “One or a combination of”); d) predicted channel quality in the moving path of the second communication device; e) historic data on channel quality at different positions.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Fan to the teaching of Xu. The motivation for such would be as Fan provides that the communication device can move to a location when the connection goes below a stored threshold amount(¶0026, Fan). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Selvanesan et al. (2023/0171826) - ¶0130-0312
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/N.J.S./Examiner, Art Unit 2475
/KHALED M KASSIM/supervisory patent examiner, Art Unit 2475