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 statement (IDS) submitted on10/01/2023 was filed after the mailing date of the application on 10/01/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 12 and 13 are objected to because of the following informalities: Claim 12 recites “the initial RRC message type” without proper antecedent basis. Similarly, Claim 13 recites “the RRC message type” without proper antecedent basis. Appropriate correction is required.
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 1-3, 7-13 and 18 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention, Kim et al. (WO 2020/171369), hereinafter Kim.
Regarding Claim 1, Kim teaches: A method in a base station for managing data communication with a UE: “The eNB initiates the S1-AP Initial UE message procedure to forward the NAS message and establish the S1 connection. The eNB may indicate in this procedure that this connection is triggered for EDT” (Kim ¶ 209), the method comprising: performing, by processing hardware, early data communication with the UE operating in an inactive state: “With the introduction of the new RRC state (i.e., RRC-INACTIVE state) in NR, the UE may incur minimum signaling, minimize power consumption, minimize resource costs in the network. In order to support this concept in NR, the UE may also be able to transmit the data without state transition from the RRC-INACTIVE to the RRC-CONNECTED. Early data transmission (EDT) refers to the operation of transmitting data before the RRC connection setup is completed, if the size of the data to be transmitted is small. In other words, according to the EDT, data transmission is allowed even when the UE is not in the RRC connection state” (Kim ¶ 198); determining, by the processing hardware and during the early data communication, that the UE should transition to a connected state: “If no further data are expected, the eNB can send the RRCEarlyDataComplete message on CCCH to keep the UE in RRC_IDLE. If downlink data were received in step 7, they are concatenated in RRCEarlyDataComplete message . . . If the MME or the eNB decides to move the UE in RRC_CONNECTED mode, RRCConnectionSetup message is sent in step 8 to fall back to the legacy RRC Connection establishment procedure; the eNB will discard the zero-length NAS PDU received in msg5” (Kim ¶ 214 and ¶ 216); and transmitting, by the processing hardware and in response to the determining, to the UE, a message that causes the UE to transition to the connected state: “If the MME or the eNB decides to move the UE in RRC_CONNECTED mode, RRCConnectionSetup message is sent in step 8 to fall back to the legacy RRC Connection establishment procedure; the eNB will discard the zero-length NAS PDU received in msg5” (Kim ¶ 216).
Regarding Claim 2, Kim teaches: The method of claim 1, wherein performing the early data communication includes performing mobile-originating (MO) early data communication: “Upon connection establishment request for Mobile Originated data from the upper layers, the UE initiates the early data transmission procedure and selects a random access preamble configured for EDT” (Kim ¶ 207).
Regarding Claim 3, Kim teaches: The method of claim 1, further comprising: subsequently to the transmitting, communicating with the UE operating in the connected state: “the CU-CP may decide whether the RRC state transition is needed or not. The CU-CP may determine whether the RRC state transition is needed, based on the expected UE behavior, AS based Release Assistance Information by UE, and so on. When no further subsequent data are expected or there is only one acknowledgement for the UL data, the CU-CP may decide to keep the UE in RRC_IDLE with suspended state. If not, the CU-CP may decide to move the UE in RRC_CONNECTED state for potential subsequent UL or DL” (Kim ¶ 327).
Regarding Claim 7, Kim teaches: The method of claim 1, wherein transmitting the message includes transmitting an RRC resume message to the UE: “In specific, The UE may send an RRC setup request message to the DU. The DU may include the RRC message and, if the UE is admitted, the corresponding low layer configuration for the UE in the initial UL RRC message transfer message and transfers to the CU. The initial UL RRC message transfer message includes the C-RNTI allocated by the DU. The CU may allocate a CU UE F1AP ID for the UE and generate a RRC setup message towards UE. The RRC message may be encapsulated in the DL RRC message transfer message. The DU may send the RRC setup message to the UE. The UE may send the RRC connection setup complete message to the DU” (Kim ¶ 351).
Regarding Claim 8, Kim teaches: The method of claim 1, wherein: the base station is a distributed base station: “A distributed unit (DU) 1710 includes a processor 1711, a memory 1712, and a transceiver 1713. The memory 1712 is coupled to the processor 1711, and stores a variety of information for driving the processor 1711. The transceiver 1713 is coupled to the processor 1711, and transmits and/or receives a radio signal. The processor 1711 implements the proposed functions, procedures, and/or methods. In the aforementioned embodiments, an operation of the wireless device 1710 may be implemented by the processor 1711” (Kim ¶ 368), and the method is implemented in a central unit (CU) of the base station: “The central unit (CU) 1720 includes a processor 1721, a memory 1722 and a transceiver 1723. The memory 1722 is coupled to the processor 1721 to store various information for driving the processor 1721. Transceiver 1723 is coupled to processor 1721 to transmit and / or receive wireless signals. Processor 1721 implements the proposed functionality, process and / or method. In the above-described embodiment, the operation of the CU can be implemented by the processor 1721” (Kim ¶ 369).
Regarding Claim 9, Kim teaches: A method, in a distributed unit (DU) of a distributed base station, for facilitating uplink data communication between a UE and a central unit (CU) of the distributed base station: “when the UE tries to resume the RRC connection due to the small uplink data, there is no user plane connection between the gNB-DU and the gNB-CU-UP. Therefore, the gNB-CU-CP should initiate the UE context setup procedure to establish the UP connection between the gNB-DU and the gNB-CU-UP” (Kim ¶ 275), the method comprising: receiving, by processing hardware, a control-plane message from the UE: “the DU may receive a RRC resume request message including user data with the UPID from the wireless device. The user data may be mobile oriented (MO) data” (Kim ¶ 281); selecting, when the DU stores a context for the UE, a first type of a DU-to-CU message: “the DU may transmit the user data to CU based on the UPID. The uplink data transmission may be performed without state transition of the wireless device. The transmitting the user data may include multiplexing the user data with the RRC resume request message” (Kim ¶ 282); otherwise selecting, when the DU does not store the context for the UE, a second type of the DU-to-CU message: “In specific, on receiving the initial UL RRC message transfer message in step S1304, the gNB may be aware of the UDFT by the DRB ID in the RRC message or the relevant RRC establishment cause (e.g., MO data for UDFT). Then, the CU-CP may check whether it is able to find the UE context or not . . . When no further subsequent data are expected or there is only one acknowledgement for the UL data, the CU-CP may decide to keep the UE in RRC_IDLE with suspended state” (Kim ¶ 327); and transmitting, by the processing hardware to the CU, the control-plane message in the selected type of the DU-to-CU message: “If the MME or the eNB decides to move the UE in RRC_CONNECTED mode, RRCConnectionSetup message is sent in step 8 to fall back to the legacy RRC Connection establishment procedure; the eNB will discard the zero-length NAS PDU received in msg5” (Kim ¶ 216).
Regarding Claim 10, Kim teaches: The method of claim 9, wherein the control-plane message is an UL Common Control Channel (CCCH) message: “The user data may be ciphered and transmitted on DTCH multiplexed with the RRC resume request message on CCCH. The UE may also provide to the DU the UP ID or TNL address information which was received in FIG. 10, in order to enable the DU to quickly forward the UL data to the CU-UP storing the UE context” (Kim ¶ 321).
Regarding Claim 11, Kim teaches: The method of claim 9, wherein receiving the control-plane message includes receiving uplink data associated with early data transmission: “Uplink user data are transmitted on DTCH multiplexed with UL RRCConnectionResumeRequest message on CCCH” (Kim ¶ 218).
Regarding Claim 12, Kim teaches: The method of claim 8, wherein the selecting includes: selecting the Initial UL RRC Message Transfer type in response to determining that the DU stores the context: “the DU may transmit the user data to CU based on the UPID. The uplink data transmission may be performed without state transition of the wireless device. The transmitting the user data may include multiplexing the user data with the RRC resume request message” (Kim ¶ 282).
Regarding Claim 13, Kim teaches: The method of claim 8, wherein the selecting includes: selecting the RRC Message type in response to determining that the DU does not store the context: “In specific, on receiving the initial UL RRC message transfer message in step S1304, the gNB may be aware of the UDFT by the DRB ID in the RRC message or the relevant RRC establishment cause (e.g., MO data for UDFT). Then, the CU-CP may check whether it is able to find the UE context or not . . . When no further subsequent data are expected or there is only one acknowledgement for the UL data, the CU-CP may decide to keep the UE in RRC_IDLE with suspended state” (Kim ¶ 327).
Regarding Claim 18, Kim teaches: A method implemented in a central unit (CU) of a distributed base station, for managing data communication with a UE via a distributed unit (DU) of the distributed base station: “when the UE tries to resume the RRC connection due to the small uplink data, there is no user plane connection between the gNB-DU and the gNB-CU-UP. Therefore, the gNB-CU-CP should initiate the UE context setup procedure to establish the UP connection between the gNB-DU and the gNB-CU-UP” (Kim ¶ 275), the method comprising: performing data communication with the UE operating in an inactive state: “With the introduction of the new RRC state (i.e., RRC-INACTIVE state) in NR, the UE may incur minimum signaling, minimize power consumption, minimize resource costs in the network. In order to support this concept in NR, the UE may also be able to transmit the data without state transition from the RRC-INACTIVE to the RRC-CONNECTED. Early data transmission (EDT) refers to the operation of transmitting data before the RRC connection setup is completed, if the size of the data to be transmitted is small. In other words, according to the EDT, data transmission is allowed even when the UE is not in the RRC connection state” (Kim ¶ 198); determining, during the early data communication, that the UE should transition to a connected state: “If no further data are expected, the eNB can send the RRCEarlyDataComplete message on CCCH to keep the UE in RRC_IDLE. If downlink data were received in step 7, they are concatenated in RRCEarlyDataComplete message . . . If the MME or the eNB decides to move the UE in RRC_CONNECTED mode, RRCConnectionSetup message is sent in step 8 to fall back to the legacy RRC Connection establishment procedure; the eNB will discard the zero-length NAS PDU received in msg5” (Kim ¶ 214 and ¶ 216); obtaining, from the DU, a radio configuration for the UE: “the DU may include the RRC message and, if the UE is admitted, the corresponding low layer configuration for the UE in the initial UL RRC message transfer message and transfer to the CU. The initial UL RRC message transfer message may include the C-RNTI allocated by the DU” (Kim ¶ 322); and transmitting, by the processing hardware and in response to the determining and via the DU, to the UE, a message that causes the UE to transition to the connected state, the message including the radio configuration: “If the MME or the eNB decides to move the UE in RRC_CONNECTED mode, RRCConnectionSetup message is sent in step 8 to fall back to the legacy RRC Connection establishment procedure; the eNB will discard the zero-length NAS PDU received in msg5” (Kim ¶ 216).
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claims 1 and 3 above, and further in view of Kim et al. (US 2023/0051568), hereinafter Kim’568.
Regarding Claim 5, Kim teaches: The method of claim 1.
Kim does not teach: : the determining is further based on a radio bearer (RB) with which the DL data is associated.
Regarding Claim 5, Kim’568 teaches: the determining is further based on a radio bearer (RB) with which the DL data is associate: “In an example, as shown in FIG. 24, the second base station may send, based on the determining, QoS parameters of QoS flows (or a DRB or a logical channel) of the downlink data. The response message may further comprise the QoS parameters. The second base station may establish, based on the QoS parameters, a downlink Xn user plane (Xn-U) tunnel for data forwarding of the downlink data. The QoS parameters may comprise at least one of: a non-dynamic 5 QoS identifier (5QI) descriptor; a dynamic 5QI descriptor; and allocation and retention priority . . . The wireless device may be in an RRC inactive state or an RRC idle state. The response message may not comprise contexts of the wireless device. The response message may indicate that the second base station determines to keep contexts of the wireless device (or to keep anchor of the wireless device)” (Kim’568 ¶ 0372).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the disclosure of Kim with Kim’568 for the purpose of establishing Xn-U tunnels that support QoS parameters of the DL data. According to Kim’568: “the anchor base station may send QoS parameters of QoS flows (DRBs or logical channels) of the wireless device. For example, the anchor base station may send QoS parameters of QoS flows (DRBs or logical channels) of the expected DL data. This may enable the new base station to establish an Xn-U tunnel supporting QoS parameters/requirements of the DL data to receive the DL data and forward the DL data to the wireless device while supporting QoS requirements of the DL data” (Kim’568 ¶ 0338).
Regarding Claim 6, Kim teaches: The method of claim 3.
Kim does not teach: the determining is further based on a quality of service (QOS) with which the DL data is associated.
Regarding Claim 6, Kim’568 teaches: the determining is further based on a quality of service (QOS) with which the DL data is associated: “In an example, as shown in FIG. 24, the second base station may send, based on the determining, QoS parameters of QoS flows (or a DRB or a logical channel) of the downlink data. The response message may further comprise the QoS parameters. The second base station may establish, based on the QoS parameters, a downlink Xn user plane (Xn-U) tunnel for data forwarding of the downlink data. The QoS parameters may comprise at least one of: a non-dynamic 5 QoS identifier (5QI) descriptor; a dynamic 5QI descriptor; and allocation and retention priority . . . The wireless device may be in an RRC inactive state or an RRC idle state. The response message may not comprise contexts of the wireless device. The response message may indicate that the second base station determines to keep contexts of the wireless device (or to keep anchor of the wireless device)” (Kim’568 ¶ 0372).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the disclosure of Kim with Kim’568 for the purpose of establishing Xn-U tunnels that support QoS parameters of the DL data. According to Kim’568: “the anchor base station may send QoS parameters of QoS flows (DRBs or logical channels) of the wireless device. For example, the anchor base station may send QoS parameters of QoS flows (DRBs or logical channels) of the expected DL data. This may enable the new base station to establish an Xn-U tunnel supporting QoS parameters/requirements of the DL data to receive the DL data and forward the DL data to the wireless device while supporting QoS requirements of the DL data” (Kim’568 ¶ 0338).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY DAVIS LYTLE whose telephone number is (703)756-4593. The examiner can normally be reached M-F 8:00 AM - 4:00 PM EST.
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/B.D.L./Examiner, Art Unit 2473
/BRADLEY D LYTLE JR./Examiner, Art Unit 2473
/KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473