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 .
DETAILED ACTION
This action is in response to application filed 01/09/2026.
Claims 1, 5-12, 15, 17-21, 30 are pending in this application.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/09/2026 has been entered.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 1, 5-10, 12, 15, 17-21, 30 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 2015/0103670 A1) in view of Joul et al. (US 10,425,849 B1).
Regarding claim 1, Wu discloses a method, in an application server, for Quality of Service (QoS) control ([0006]: processing quality of service, an application server, a QoS control network element, and a mobile network, capable of adjusting a QoS level of a user equipment) comprising:
determining to adjust a QoS associated with a service for one or more terminal devices for a time period ([0071]: the application server can obtain the initial QoS information including the assignment QoS information, the subscription QoS information and/or the charging package information of the user equipment in the mobile network, so that the application server can determine whether to request the mobile network to increase the QoS level of the user equipment), wherein said determining is based on an estimated QoS for the service and a required QoS for the service ([0065]: The service request may include a service type and QoS required for a service, for example, a required bandwidth. [0167]: A QoS control network may determine, based on the network load or network capability, the QoS that can be assigned by the mobile network. For example, if the network load is high, it may be determined that the mobile network assigns low QoS to the requested service); and
transmitting, to a control function entity, a request for adjusting the QoS for the one or more terminal devices for the time period ([0048]: the application server may send a QoS improving request to the QoS control network element to request for increasing the QoS level of the user equipment. [0175]-[0178]: The application provider and the mobile operator negotiate charging parameter information, for example, negotiating whether to charge according to a duration (e.g. time period) of enhanced QoS (for example, charging 0.1 CNY for 10 minutes of enhanced QoS). The charging parameter information negotiated between the application provider and the mobile operator may include…a charging package (for example, 10 yuan/100M/month). For example, the application server may negotiate the charging parameter information with the mobile operator by invoking a charging negotiation API. The QoS control network element authenticates a charging negotiation API request submitted by the application server…the QoS control network element increases, according to the request submitted by the application server, the QoS level of the user equipment, so as to ensure QoS of the service request).
However, Wu does not disclose wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server.
In an analogous art, Joul discloses wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server (column 8, 22-32: QoE server 150 calculates an estimate of one or more quality of experience (QoE) factors based on the processing of the obtained quality of service information and the specification of the operation of user device and other operational information. The QoE factors are based, at least in part, on the QoS factors, such as signal strength for wireless communication, current measured data throughput, historical measured data throughput, and the like. Column 9, 53-59: the QoE server 150 can be configured with weights or other adjustment factors that would cause the QoE metric to be adjusted. By way of illustration, if the QoE server 150 is associating a QoE metric to a data streaming application, the QoE server can correlate an adjustment if another data intensive service/application is currently a secondary function).
Therefore, it would have been obvious before the effective filed date of the claimed invention to a person having ordinary skill in the art to modify Wu to comprise “wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server” taught by Joul.
One of ordinary skilled in the art would have been motivated because it would have enabled to adjust the QoS metric based on the current utilization of the user device (Joul, column 9, 39-48).
Regarding claim 5, Wu-Joul discloses the method of claim 1, wherein the request contains the required QoS, or a QoS profile or QoS parameter based on the required QoS (Wu, [0065]: The service request may include a service type and QoS required for a service, for example, a required bandwidth).
Regarding claim 6, Wu-Joul discloses the method of claim 1, wherein the QoS is based on a default QoS profile or QoS parameter (Wu, [0081]: the application server obtains the initial QoS information including the available QoS information according to the user information inquiring response. Optionally, the initial QoS information further includes the subscription QoS information and/or the charging package information of the user equipment in the mobile network) and said determining is based on a required QoS for the service being higher than the QoS (Wu, [0065]: The service request may include a service type and QoS required for a service, for example, a required bandwidth; and the service request may further include a service identity, and the like. [0083]: if the application server determines to request to increase the QoS level of the user equipment, the application server may send a QoS improving request to the QoS control network element to request for increasing the QoS level of the user equipment).
Regarding claim 7, Wu-Joul discloses the method of claim 6, further comprising: determining to adjust back to the QoS based on the default QoS profile or QoS parameter; and transmitting, to the control function entity, a request for adjusting back to the QoS based on the default QoS profile or QoS parameter (Wu, [0048]: the application server may send a QoS improving request to the QoS control network element to request for increasing the QoS level of the user equipment. [0083]: the application server is capable of obtaining the initial QoS information including the assignment QoS information, the subscription QoS information and/or the charging package information, thereby being capable of determining whether to request the mobile network to increase the QoS level of the user equipment).
Regarding claim 8, Wu-Joul discloses the method of claim 1,wherein said determining is further based on a measurement or capability related to a Radio Access Network (RAN) device from the control function entity (Wu, [0083], [0125]: network capability information includes at least one of load information of a cell, load information of an access network element, QoS supported by an access network, load information of a gateway network element, and QoS supported by a gateway network element).
Regarding claim 9, Wu-Joul discloses the method of claim 1,wherein the one or more terminal devices are associated with one or more terminal device identifiers (IDs) a source Internet Protocol (IP) address, a destination IP address, a source port number, and/or a destination port number (Wu, [0076]: the application server sends the user information inquiring request to the QoS control network element (such as the PCRF or capability open platform), so as to request for inquiring information of the user equipment, where the user information inquiring request may include an identifier of the user equipment, and the identifier is, for example, a uniform resource identifier (URI), a fully qualified domain name/full name domain name (FQDN), or a mobile subscriber number).
Regarding claim 10, Wu-Joul discloses the method of claim 7,wherein the control function entity interfaces with the RAN device (Wu, [0042]: In the SAE system architecture shown in FIG. 1, a UMTS terrestrial radio access network (UTRAN) and a GSM/EDGE radio access network (GERAN, where the enhanced data rate for GSM evolution is “EDGE” for short) are used to implement all radio related functions in an existing GPRS/UMTS network. [0164]: a mobile network reports network capability information to a QoS control network element. The QoS control network element may be a network element such as a PCRF).
Regarding claim 12, Wu-Joul discloses the method of claim 7,wherein the application server, the RAN device, and the control function entity are deployed in a To Business (ToB) scenario (Wu, [0050]: a mobile operator can charge a fee for increasing the QoS level, thereby monetizing a mobile broadband channel capability thereof, and increasing value thereof in the mobile Internet industry chain. Moreover, by increasing the QoS level through a request, a user with a higher priority is provided with higher QoS, so that the user with a higher priority has better user experience).
Regarding claim 15, Wu discloses a method in a control function entity, for Quality of Service (QoS) control ([0006]: processing quality of service, an application server, a QoS control network element, and a mobile network, capable of adjusting a QoS level of a user equipment), comprising:
receiving, from an application server, a request for adjusting a QoS associated with a service for one or more terminal devices for a time period ([0048]: if the application server determines to request to increase the QoS level of the user equipment, the application server may send a QoS improving request to the QoS control network element to request for increasing the QoS level of the user equipment [0175]: The application provider and the mobile operator negotiate charging parameter information, for example, negotiating whether to charge according to a duration (e.g. time period) of enhanced QoS (for example, charging 0.1 CNY for 10 minutes of enhanced QoS), wherein the request is based on an estimated QoS for the service and a required QoS for the service ([0065]: The service request may include a service type and QoS required for a service, for example, a required bandwidth. [0167]: A QoS control network may determine, based on the network load or network capability, the QoS that can be assigned by the mobile network. For example, if the network load is high, it may be determined that the mobile network assigns low QoS to the requested service); and
transmitting, to a Radio Access Network (RAN) device, a QoS profile or QoS parameter associated with the service for the one or more terminal devices based on the request, or a scheduling configuration associated with the service for the one or more terminal devices based on the request, wherein the QoS profile or QoS parameter or the scheduling configuration is associated with the time period ([0175]-[0178]: The application provider and the mobile operator negotiate charging parameter information, for example, negotiating whether to charge according to a duration (e.g. time period) of enhanced QoS (for example, charging 0.1 CNY for 10 minutes of enhanced QoS). The application server may negotiate the charging parameter information with the mobile operator by invoking a charging negotiation API. The QoS control network element authenticates a charging negotiation API request submitted by the application server…the QoS control network element increases, according to the request submitted by the application server, the QoS level of the user equipment, so as to ensure QoS of the service request).
However, Wu does not disclose wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server.
In an analogous art, Joul discloses wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server (column 8, 22-32: QoE server 150 calculates an estimate of one or more quality of experience (QoE) factors based on the processing of the obtained quality of service information and the specification of the operation of user device and other operational information. The QoE factors are based, at least in part, on the QoS factors, such as signal strength for wireless communication, current measured data throughput, historical measured data throughput, and the like. Column 9, 53-59: the QoE server 150 can be configured with weights or other adjustment factors that would cause the QoE metric to be adjusted. By way of illustration, if the QoE server 150 is associating a QoE metric to a data streaming application, the QoE server can correlate an adjustment if another data intensive service/application is currently a secondary function).
Therefore, it would have been obvious before the effective filed date of the claimed invention to a person having ordinary skill in the art to modify Wu to comprise “wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server” taught by Joul.
One of ordinary skilled in the art would have been motivated because it would have enabled to adjust the QoS metric based on the current utilization of the user device (Joul, column 9, 39-48).
Regarding claim 17, Wu-Joul discloses the method of claim 15, wherein the request contains a required QoS for the service, and the method further comprises: determining the QoS profile or QoS parameter or the scheduling configuration based on the required QoS (Wu, [0065]: The service request may include a service type and QoS required for a service, for example, a required bandwidth; and the service request may further include a service identity, and the like).
Regarding claim 18, Wu-Joul discloses the method of claim 17, wherein the QoS is based on a default QoS profile or QoS parameter and the request is received in response to the required QoS for the service being higher than the QoS (Wu, [0065]: The service request may include a service type and QoS required for a service, for example, a required bandwidth; and the service request may further include a service identity, and the like).
Regarding claim 19, Wu-Joul discloses the method of claim 17, wherein the QoS profile or QoS parameter or the scheduling configuration is determined further based on a measurement or capability related to the RAN device (Wu, [0126]: the access network element reports QoS information that can be supported (such as a supported maximum bandwidth) by the access network to the QoS control network element. [0127]: the QoS control network element determines, according to the network capability information and the service request, the initial QoS information, where the initial QoS information includes assignment QoS information assigned by the mobile network for the user equipment. For example, the QoS control network element may determine, based on the network load or network capability, the QoS that can be assigned by the mobile network).
Regarding claim 20, Wu-Joul discloses the method of claim 19, further comprising: transmitting, to the application server, the measurement or capability related to the RAN device (Wu, [0128]: the QoS control network element sends the initial QoS information to the application server, so that the application server can determine, according to the initial QoS information, whether to increase the QoS level of the user equipment).
Regarding claim 21, Wu-Joul discloses the method of claim 18, further comprising: receiving, from the application server, a request for adjusting back to the QoS based on the default QoS profile or QoS parameter (Wu, [0048]: if the application server determines to request to increase the QoS level of the user equipment, the application server may send a QoS improving request to the QoS control network element to request for increasing the QoS level of the user equipment); and transmitting, to the RAN device, the default QoS profile or QoS parameter (Wu, [0178], [0180]: The QoS control network element notifies the mobile network of a service flow identifier (for example, a quintuple (a source IP address, a destination IP address, a source port number, a destination port number, and a protocol type)) of the application service, the enhanced QoS information, and the QoS enhancement indication information).
Regarding claim 30, Wu discloses a method, in a Radio Access Network, RAN, device, for Quality of Service (QoS) control ([0006]: processing quality of service, an application server, a QoS control network element, and a mobile network (e.g. RAN), capable of adjusting a QoS level of a user equipment), comprising:
receiving, from a control function entity, a QoS profile or QoS parameter for a service for adjusting a QoS associated with the service for one or more terminal devices, or a scheduling configuration for a service for adjusting a QoS associated with the service for one or more terminal devices, wherein the QoS profile or QoS parameter or the scheduling configuration is associated with a time period ([0175]-[0178]: The application provider and the mobile operator negotiate charging parameter information, for example, negotiating whether to charge according to a duration (e.g. time period) of enhanced QoS (for example, charging 0.1 CNY for 10 minutes of enhanced QoS). The application server may negotiate the charging parameter information with the mobile operator by invoking a charging negotiation API. The QoS control network element authenticates a charging negotiation API request submitted by the application server…the QoS control network element increases, according to the request submitted by the application server, the QoS level of the user equipment, so as to ensure QoS of the service request), wherein the QoS profile or QoS parameter or the scheduling configuration is transmitted to the RAN device based on a request for adjusting the QoS that is received by the control function entity (fig. 4, QoS control network element. [0052]: the QoS control network element may be a PCRF) from an application server (fig. 4, [0177]: the QoS control network element authenticates a charging negotiation API request submitted by the application server. If the mobile network receives the request submitted by the application server), wherein the request is based on an estimated QoS for the service and a required QoS for the service ([0065]: The service request may include a service type and QoS required for a service, for example, a required bandwidth. [0167]: A QoS control network may determine, based on the network load or network capability, the QoS that can be assigned by the mobile network. For example, if the network load is high, it may be determined that the mobile network assigns low QoS to the requested service); and
applying the QoS profile or QoS parameter or the scheduling configuration to the service for the one or more terminal devices for the time period ([0180]: The mobile network may perform, according to the QoS enhancement indication information, the following enhancement processing).
However, Wu does not disclose wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server.
In an analogous art, Joul discloses wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server (column 8, 22-32: QoE server 150 calculates an estimate of one or more quality of experience (QoE) factors based on the processing of the obtained quality of service information and the specification of the operation of user device and other operational information. The QoE factors are based, at least in part, on the QoS factors, such as signal strength for wireless communication, current measured data throughput, historical measured data throughput, and the like. Column 9, 53-59: the QoE server 150 can be configured with weights or other adjustment factors that would cause the QoE metric to be adjusted. By way of illustration, if the QoE server 150 is associating a QoE metric to a data streaming application, the QoE server can correlate an adjustment if another data intensive service/application is currently a secondary function).
Therefore, it would have been obvious before the effective filed date of the claimed invention to a person having ordinary skill in the art to modify Wu to comprise “wherein the estimated QoS is determined based on a throughput measured previously for the service by the application server” taught by Joul.
One of ordinary skilled in the art would have been motivated because it would have enabled to adjust the QoS metric based on the current utilization of the user device (Joul, column 9, 39-48).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Joul, as applied to claim 1, in further view of Cao et al. (US 2023/0344717 A1 – Priority date 12/28/2020).
Regarding claim 11, Wu-Joul discloses the method of claim 1.
However, Wu-Joul does not disclose wherein the control function entity is a Radio Intelligent Management and Control (RIMC) function entity.
In an analogous art, Cao discloses wherein the control function entity is a Radio Intelligent Management and Control (RIMC) function entity ([0388]: The radio access management controller determines a policy execution operation (for example, QoS modification) on UE and sends a policy instance creation request message to a radio access intelligent controller through the P1 interface. For example, if the policy execution operation on the UE is QoS modification, the request message may include information such as a UE identifier (UE ID), a service identifier (QoSId) for which QoS needs to be modified, and QoS that needs to be modified).
Therefore, it would have been obvious before the effective filed date of the claimed invention to a person having ordinary skill in the art to modify Wu-Joul to comprise “wherein the control function entity is a Radio Intelligent Management and Control (RIMC) function entity” taught by Cao.
One of ordinary skilled in the art would have been motivated because it would have enabled the radio access intelligent controller to determine policy execution operation for the UE based on the policy deployment request and the performance data of the UE (Cao, [0390]).
Additional References
The prior art made of record and not relied upon is considered pertinent to applicants disclosure.
Yu, US 2019/0394680 A1: Remapping Quality of Service Flows Among Data Radio Bearers.
Pateromichelakis et al., US 2023/0328580 A1: QoS Profile Adaptation.
Cai et al., US 11,765,623 B1: Systems and Methods for Dynamic Quality of Service via a Radio Intelligent Controller.
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/J.C.T/Examiner, Art Unit 2446
/BRIAN J. GILLIS/Supervisory Patent Examiner, Art Unit 2446