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 .
This Office Action is in response to communications filed on 1/25/2024.
Claims 16-35 are pending and presented for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2021108454708, filed on 7/26/2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/25/2024 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22 & 32 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 22 & 32 recite the limitation receiving or receive “from the second node”. These claims are claiming a second node wherein the second node receives or is receiving from itself, which is unclear. For the purpose of this review, examiner is interpreting these claims as receiving or received “from the first node”.
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.
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 16, 20, 21, 25, 26, 30, 31 & 35 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh et al. (US 11765627)(herein after “Hsieh) in view of Kim et al. (US 2020/0068639)(herein after “Kim”).
Regarding claims 16 & 26, Hsieh discloses a first node in a wireless communication system, the first node comprising: a transceiver (Fig 1A, col 6, lines 41-47 & col 7, lines 15-23 disclose an eNB 104A in a wireless communication system that may operate as a master node MN 104A (i.e. a first node). Col 10, lines 8-21 disclose the eNB 104A can transmit, at 311, a SgNB Addition Request message and can receive, at 312, an SgNB Addition Request Acknowledgement message (i.e. comprises a transceiver).); and
at least one processor coupled to the transceiver (Col 7, lines 15-23 discloses processing hardware 130 including one or more general purpose processors coupled to a controller 132 that manages SN status transfer messaging (i.e. coupled to the transceiver that transmits and receives SN Status Transfer messages).) and a method of a first node (Col 31, lines 40-43 disclose a method for eNB 104A (i.e. a first node).), wherein the method is comprised, and the first node is configured, to:
transmit, to a second node, a first message of a request for first information about a first packet data convergence protocol (PDCP) sequence number for data transmission (Fig 6A & col 24, lines 27-42 disclose S-MN 104A transmits in 618 an SgNB Release Request message to S-SN 106A (i.e. a second node) that in response leads to S-SN 106A transmitting at 633A an SN-to-MN SN Status Transfer message back to S-MN 104A that includes a current count value. Col 2, lines 53-55 disclose that a count value conveys a Sequence Number (SN). Thus, the SgNB Release message transmitted by S-MN 104A can be interpreted as a first message of a request for first information about a first PDCP sequence number.).
receive, from the second node, a second message including the first information about the PDCP sequence number for the data transmission (Fig 6A & col 24, lines 39-42 disclose the S-MN 104A receiving in 633A, from S-SN 106A, an SN-to-MN SN Status Transfer message (i.e. a second message) that includes the current count value for DRB D (i.e. first information about a PDCP sequence number for a data transmission).).
predict second information about a second PDCP sequence number for data transmission based on the first information (Fig 6C & col 25, lines 5-32 disclose that S-MN 104A, based on receiving the SN-to-MN SN Status Transfer message from S-SN 106A including the current count value (i.e. the first information about the first PDCP sequence number), may use the current count value to construct a second SN Status Transfer message to TeNB 104B about a PDCP sequence number (i.e. predict second information about a second PDCP sequence number) for data transmission by TeNB 104B.).
wherein the second information about the second PDCP sequence number is used for data transmission of a third node (Fig 6A & col 24, lines 65-67 and col 25, lines 1-4 disclose that the TeNB 104B applies the count value for the DRB D (i.e. for data transmission of the TeNB).).
Hsieh fails to disclose wherein the second information about the second PDCP sequence number is used to for determining a third PDCP sequence number.
However, Kim teaches wherein the second information about the second PDCP sequence number is used to for determining a third PDCP sequence number (Fig 13 & [0231] and [0236]-[0237] discloses a source MN eNB where a PDCP sequence number 5 is the highest PDCP sequence number transmitted to the UE (i.e. first information about a first PDCP sequence number) which is used to determine a PDCP sequence number 6 (i.e. second information about a second PDCP sequence number) that is transmitted in a SN status Transfer Message to a target SN eNB that is then used to determine a PDCP sequence number between 6 and 12 (i.e. a third PDCP sequence number) for transmission of packet 1342 by the target SN eNB.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effectively filing date of the claimed invention to have a first node, or a method for a first node to, transmit, to a second node, a first message of a request for first information about a first packet data convergence protocol (PDCP) sequence number for data transmission, receive, from the second node, a second message including the first information about the PDCP sequence number for the data transmission, predict second information about a second PDCP sequence number for data transmission based on the first information, wherein the second information about the second PDCP sequence number is used for data transmission of a third node, as disclosed by Hsieh, wherein the second information about the second PDCP sequence number is used to for determining a third PDCP sequence number, as taught by Kim. The motivation to do so would have been to have a master eNB involved in a MN-to-eNB change, or a method for a master eNB involved in a MN-to-eNB change to, request information from a source secondary eNB of a current PDCP sequence number, receive first information from the source secondary eNB of the current PDCP sequence number, predict second information about a second PDCP sequence number for transmission by a target eNB, send the second information about the second PDCP sequence number to the target eNB, wherein the target eNB uses the second information about the second PDCP sequence number to determine a third PDCP sequence number for transmission of packets forwarded by the master eNB in order to maintain flow control during the MN-to-eNB change.
Regarding claims 20 & 30, Hsieh in view of Kim disclose the first node of claim 26 and the method of claim 16.
Hsieh discloses wherein the first node comprises a master node, wherein the second node comprises a source secondary node, and wherein and the third node comprises a target node (Fig 6A & col 24, lines 1-26 disclose a master node MN 104A (i.e. first node), a source secondary node 106A (second node) and a target eNB 106B (i.e. third node).).
Hsieh fails to disclose wherein the target node is a secondary node.
However, a second embodiment of Hsieh discloses wherein the target node is a secondary node (Fig 7A and col 25, lines 63-67, col 26, lines 1-67 and col 27, lines 1-19 discloses the same MN-to-eNB change in the scenario where there is a target secondary eNB to maintain dual connectivity during the change. In this scenario, the second information about the second PDCP sequence number is used to determine a third PDCP sequence number for data transmission of the target secondary eNB (i.e. the target secondary eNB is the third node in this scenario).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the first node of claim 26, or the method of claim 16, wherein the first node comprises a master node, wherein the second node comprises a source secondary node, and wherein and the third node comprises a target node, as disclosed by Hsieh in view of Kim, wherein the target eNB is a target secondary eNB, as taught by Hsieh. The motivation to do so would have been to have a source master eNB involved in a MN-to-eNB change, or a method for a source master eNB involved in a MN-to-eNB change to, request information from a source secondary eNB of a current PDCP sequence number, receive first information from the source secondary eNB of the current PDCP sequence number, predict second information about a second PDCP sequence number for transmission by a target secondary eNB, send the second information about the second PDCP sequence number to a target master eNB, wherein the target master eNB uses the second information about the second PDCP sequence number to determine a third PDCP sequence number for transmission, by the target secondary eNB, of packets forwarded by the source master eNB to the target secondary eNB through the target master eNB, in order to maintain flow control during the MN-to-eNB change.
Regarding claims 21 & 31, Hsieh discloses a second node in a wireless communication system, the second node comprising: a transceiver (Fig 1A, col 6, lines 41-47 & col 7, lines 23-32 disclose a gNB 106A in a wireless communication system that may operate as a secondary node SN 106A (i.e. a second node). Col 10, lines 8-21 disclose the gNB 106A can receive, at 311, a SgNB Addition Request message and can transmit, at 312, an SgNB Addition Request Acknowledgement message (i.e. comprises a transceiver).); and
at least one processor coupled to the transceiver (Col 7, lines 23-32 discloses processing hardware 140 including one or more general purpose processors coupled to a controller 142 that manages SN status transfer messaging (i.e. coupled to the transceiver that transmits and receives SN Status Transfer messages).) and a method of a second node (Col 31, lines 40-43 disclose a method for gNB 106A (i.e. a second node).), wherein the method is comprised, and the first node is configured, to:
receive, from a first node, a first message of a request for first information about a first packet data convergence protocol (PDCP) sequence number for data transmission (Fig 6A & col 24, lines 27-42 disclose S-SN 106A receives in 618 an SgNB Release Request message from S-MN 104A (i.e. a second node) that in response leads to S-SN 106A transmitting at 633A an SN-to-MN SN Status Transfer message back to S-MN 104A that includes a current count value. Col 2, lines 53-55 disclose that a count value conveys a Sequence Number (SN). Thus, the SgNB Release message received by S-SN 106A can be interpreted as a first message of a request for first information about a first PDCP sequence number.),
transmit, to the first node, a second message including the first information about the first PDCP sequence number (Fig 6A & col 24, lines 39-42 disclose the S-SN 106A transmitting in 633A, to S-MN 104A, an SN-to-MN SN Status Transfer message (i.e. a second message) that includes the current count value for DRB D (i.e. first information about a PDCP sequence number for a data transmission).),
determine data transmission of a third node (Fig 6C & col 25, lines 5-32 disclose that S-MN 104A, based on receiving the SN-to-MN SN Status Transfer message from S-SN 106A including the current count value (i.e. the first information about the first PDCP sequence number), may use the current count value to construct a second SN Status Transfer message to TeNB 104B about a PDCP sequence number (i.e. predict second information about a second PDCP sequence number) for data transmission by TeNB 104B. Fig 6A & col 24, lines 65-67 and col 25, lines 1-4 disclose that the TeNB 104B applies the count value for the DRB D (i.e. for data transmission of the TeNB to S-SN 106A.). Thus, S-SN 106A would determine data transmission with the count value for DRB D is now from TeNB 104B (i.e. a third node).), and
wherein second information about a second PDCP sequence number is predicted, based on the first information about the first PDCP sequence number (Fig 6C & col 25, lines 5-32 disclose that S-MN 104A, based on receiving the SN-to-MN SN Status Transfer message from S-SN 106A including the current count value (i.e. the first information about the first PDCP sequence number), may use the current count value to construct a second SN Status Transfer message to TeNB 104B about a PDCP sequence number (i.e. predict second information about a second PDCP sequence number) for data transmission by a TeNB 104B.).
Hsieh fails to disclose based on second information about a second PDCP sequence number for data transmission, determine a third PDCP sequence number for data transmission.
However, Kim teaches based on second information about a second PDCP sequence number for data transmission, determine a third PDCP sequence number for data transmission (Fig 13 & [0231] and [0236]-[0237] discloses a source MN eNB where a PDCP sequence number 5 is the highest PDCP sequence number transmitted to the UE (i.e. first information about a first PDCP sequence number) which is used to determine a PDCP sequence number 6 (i.e. second information about a second PDCP sequence number) that is transmitted in a SN status Transfer Message to a target SN eNB that is then used to determine a PDCP sequence number between 6 and 12 (i.e. a third PDCP sequence number) for transmission of packet 1342 by the target SN eNB.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effectively filing date of the claimed invention to have a second node, or a method for a second node to, receive, from a first node, a first message of a request for first information about a first packet data convergence protocol (PDCP) sequence number for data transmission, transmit, to the first node, a second message including the first information about the first PDCP sequence number, determine data transmission of a third node and wherein second information about a second PDCP sequence number is predicted, based on the first information about the first PDCP sequence number, as disclosed by Hsieh, wherein based on second information about a second PDCP sequence number for data transmission, determine a third PDCP sequence number for data transmission, as taught by Kim. The motivation to do so would have been to have a source secondary eNB, or a method for a source secondary eNB to, receive, from a master eNB involved in a MN-to-eNB change, a request for information of a current PDCP sequence number, transmit first information to the master eNB of the current PDCP sequence number, and based on predicted second information about a second PDCP sequence number for transmitting a future PDCP PDU (i.e. a PDCP PDU to be sent after a PDCP PDU associated with the first PDCP sequence number has been sent), determine a third PDCP sequence number for transmission of further future PDCP PDU (i.e. a PDCP PDU to be sent after the PDCP PDU associated with the second PDCP sequence number) forwarded by the master eNB through the target eNB to the source secondary eNB in order to maintain flow control during the MN-to-eNB change.
Regarding claims 25 & 35, Hsieh in view of Kim disclose the second node of claim 31 and the method of claim 21.
Hsieh discloses wherein the first node comprises a master node, wherein the second node comprises a source secondary node, and wherein and the third node comprises a target node (Fig 6A & col 24, lines 1-26 disclose a master node MN 104A (i.e. first node), a source secondary node 106A (second node) and a target eNB 106B (i.e. third node).).
Hsieh fails to disclose wherein the target node is a secondary node.
However, a second embodiment of Hsieh discloses wherein the target node is a secondary node (Fig 7A and col 25, lines 63-67, col 26, lines 1-67 and col 27, lines 1-19 discloses the same MN-to-eNB change in the scenario where there is a target secondary eNB to maintain dual connectivity during the change. In this scenario, the second information about the second PDCP sequence number is used to determine a third PDCP sequence number for data transmission of the target secondary eNB (i.e. the target secondary eNB is the third node in this scenario).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the second node of claim 31, or the method of claim 21, wherein the first node comprises a master node, wherein the second node comprises a source secondary node, and wherein and the third node comprises a target node, as disclosed by Hsieh in view of Kim, wherein the target eNB is a target secondary eNB, as taught by Hsieh. The motivation to do so would have been to have a source secondary eNB, or a method for a source secondary eNB to, receive, from a source master eNB involved in a MN-to-eNB and source secondary eNB to target secondary eNB change, request information from of a current PDCP sequence number, transmit first information to the source master eNB of the current PDCP sequence number, and based on predicted second information about a second PDCP sequence number for transmission by a target secondary eNB, determine a third PDCP sequence number used for transmission, by the target secondary eNB, of packets forwarded by the source master eNB to the target secondary eNB through the target master eNB, in order for the source secondary eNB to avoid duplication of transmission of PDUs using the third PDCP sequence number, to maintain flow control during the MN-to-eNB and source secondary eNB to target secondary eNB change.
Claims 17, 22, 27 & 32 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh et al. (US 11765627)(herein after “Hsieh) in view of Kim et al. (US 2020/0068639)(herein after “Kim”), as applied to claims 16, 21, 26 & 31 respectively, and further in view of Dudda et al. (US 20180123920)(herein after “Dudda”).
Regarding claims 17 & 27, Hsieh in view of Kim disclose the method of claim 16 and the first node of claim 26.
Hsieh fails to disclose wherein the at least one processor is further configured to, or the method is comprised to, transmit, to the second node, the predicted second information about the second PDCP sequence number.
However, Dudda further teaches wherein the at least one processor is further configured to, or the method is comprised to, transmit, to the second node, the predicted second information about the second PDCP sequence number (Fig 5 & [0055]-[0056] disclose a network node (i.e. a first node) receiving feedback from a second network node (i.e. a second node) that may include a highest PDCP sequence number of a PDCP PDU delivered to a user equipment, and based on the feedback from the second network node, the network node controls data flow to the second network node based on adjusting a PDCP transmission window (i.e. predicting an adjusted PDCP transmission window) such that the data in flight (i.e. transmitted by the network node) is not more than half of a PDCP sequence number space. Thus, the network node transmits at least one PDCP PDU with a PDCP sequence number within the predicted adjusted window to the second network node (i.e. transmits predicted second information about a second PDCP sequence number to the second network node.).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the first node of claim 26 or the method of claim 16, as disclosed by Hsieh in view of Kim, wherein the at least one processor is further configured to, or the method is comprised to, transmit, to the second node, the predicted second information about the second PDCP sequence number, as further taught by Dudda. The motivation to do so would be to have a master eNB involved in a MN-to-eNB change, or a method for a master eNB involved in a MN-to-eNB change to, request information from a source secondary eNB of a current PDCP sequence number (e.g. a first PDCP sequence number that may be a highest PDCP sequence number of a PDCP PDU delivered to a UE), receive first information from the source secondary eNB of the current PDCP sequence number, predict an adjusted PDCP transmission window and send at least one PDCP PDU with a second PDCP sequence number within the predicted adjusted PDCP transmission window to the source secondary eNB and to a target eNB, so that the source secondary eNB can send the at least one PDCP PDU with the PDCP sequence number within the predicted adjusted PDCP window to the UE and the target eNB can be informed of the new PDCP transmission widow and the at least one PDCP PDU with the second PDCP sequence number that was sent by the master eNB to the source secondary eNB so that the target eNB can determine a third PDCP sequence number for sending at least one future PDCP PDU (i.e. a PDCP PDU after the PDCP PDU with the second PDCP sequence number) to the source secondary eNB during the MN-to-eNB change in order to maintain flow control during the MN-to-eNB change.
Regarding claims 22 & 32, Hsieh in view of Kim disclose the second node of claim 31 and the method of claim 21.
Hsieh fails to disclose wherein the at least one processor is further configured to receive, from the second node, the predicted second information about the second PDCP sequence number.
However, Dudda further teaches wherein the at least one processor is further configured to receive, from the second node, the predicted second information about the second PDCP sequence number (Fig 5 & [0055]-[0056] disclose a network node (i.e. a first node) receiving feedback from a second network node (i.e. a second node) that may include a highest PDCP sequence number of a PDCP PDU delivered to a user equipment, and based on the feedback from the second network node, the network node controls data flow to the second network node based on adjusting a PDCP transmission window (i.e. predicting an adjusted PDCP transmission window) such that the data in flight (i.e. received by the second network node) is not more than half of a PDCP sequence number space. Thus, the second network node receives at least one PDCP PDU with a PDCP sequence number within the predicted adjusted window to the second network node (i.e. receives predicted second information about a second PDCP sequence number from the network node).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the second node of claim 31, or the method of claim 21, as disclosed by Hsieh in view of Kim, wherein the at least one processor is further configured to receive, from the second node, the predicted second information about the second PDCP sequence number, as taught by Dudda. The motivation to do so would have been to have a source secondary eNB, or a method for a source secondary eNB to, receive, from a master eNB involved in a MN-to-eNB change, a request for information of a current PDCP sequence number, transmit first information to the master eNB of the current PDCP sequence number, receive, from the master eNB, predicted second information about a second PDCP sequence number for transmitting a future PDCP PDU (i.e. a PDCP PDU to be sent after a PDCP PDU associated with the first PDCP sequence number has been sent), and based on receiving the predicted second information about a second PDCP sequence number for transmitting a future PDCP PDU, determine a third PDCP sequence number for transmission of further future PDCP PDU (i.e. a PDCP PDU to be sent after the PDCP PDU associated with the second PDCP sequence number) forwarded by the master eNB through the target eNB to the source secondary eNB in order to maintain flow control during the MN-to-eNB change.
Claims 18, 23, 28 & 33 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh et al. (US 11765627)(herein after “Hsieh) in view of Kim et al. (US 2020/0068639)(herein after “Kim”), as applied to claims 16, 21, 26 & 31 respectively, and further in view of Park et al. (US 20210385703)(herein after “Park”).
Regarding claims 18 & 28, Hsieh in view of Kim discloses the method of claim 16 and the first node of claim 26.
Hsieh fails to disclose wherein the second information is used to determine a fourth PDCP sequence number for data transmission of the third node.
However, Kim teaches wherein the second information is used to determine a fourth PDCP sequence number for data transmission of the third node (Fig 13 & [0231] and [0236]-[0237] discloses a source MN eNB where a PDCP sequence number 5 is the highest PDCP sequence number transmitted to the UE (i.e. first information about a first PDCP sequence number) which is used to determine a PDCP sequence number 6 (i.e. second information about a second PDCP sequence number) that is transmitted in a SN status Transfer Message to a target SN eNB that is then used to determine a PDCP sequence number between 6 and 12 (i.e. a third PDCP sequence number) for transmission of packet 1342 and a different PDCP sequence number (i.e. a fourth PDCP sequence number) between 6 and 12 for transmission of packet 1343 by the target SN eNB.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effectively filing date of the claimed invention to have the first node of claim 26, or the method of claim 16, wherein the second information is used to determine a fourth PDCP sequence number for data transmission of the third node, as disclosed by Hsieh in view of by Kim, wherein the second information is used to determine a fourth PDCP sequence number for data transmission of the third node, as taught by Kim. The motivation to do so would be to have a master eNB involved in a MN-to-eNB change, or a method for a master eNB involved in a MN-to-eNB change to, request information from a source secondary eNB of a current PDCP sequence number (e.g. a first PDCP sequence number that may be a highest PDCP sequence number of a PDCP PDU delivered to a UE), receive first information from the source secondary eNB of the current PDCP sequence number, predict an adjusted PDCP transmission window and send at least one PDCP PDU with a second PDCP sequence number within the predicted adjusted PDCP transmission window to a target eNB, so that the target eNB and can be informed of the new PDCP transmission window and the at least one PDCP PDU with the second PDCP sequence number so that the target eNB can determine a third PDCP sequence number and a fourth PDCP number for sending at least two future PDCP PDU (i.e. PDCP PDUs after the PDCP PDU with the second PDCP sequence number) to the source secondary eNB during the MN-to-eNB change in order to maintain flow control during the MN-to-eNB change.
Hsieh fails to disclose wherein the fourth PDCP sequence number for data transmission is through the first node.
However, Park further teaches wherein the fourth PDCP sequence number for data transmission is through the first node (Fig 7 & [0112] discloses a source master gNB forwarding data to a target master eNB for transmission by the target master eNB.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effectively filing date of the claimed invention to have a first node of claim 26, or the method of claim 16, as disclosed by Hsieh in view of by Kim, wherein the fourth PDCP sequence number for data transmission is through the first node, as further taught by Park. The motivation to do so would be to have a master eNB involved in a MN-to-eNB change, or a method for a master eNB involved in a MN-to-eNB change to, request information from a source secondary eNB of a current PDCP sequence number (e.g. a first PDCP sequence number that may be a highest PDCP sequence number of a PDCP PDU delivered to a UE), receive first information from the source secondary eNB of the current PDCP sequence number, predict an adjusted PDCP transmission window and send at least one PDCP PDU with a second PDCP sequence number within the predicted adjusted PDCP transmission window to a target eNB, so that the target eNB and can be informed of the new PDCP transmission window and the at least one PDCP PDU with the second PDCP sequence number so that the target eNB can determine a third PDCP sequence number and a fourth PDCP number for sending at least two future PDCP PDU (i.e. PDCP PDUs after the PDCP PDU with the second PDCP sequence number), forwarded by the master eNB to the target eNB, to the source secondary eNB, during the MN-to-eNB change in order to maintain flow control during the MN-to-eNB change.
Regarding claims 23 & 33, Hsieh in view of Kim disclose the second node of claim 31 and the method of claim 21.
Hsieh fails to disclose wherein the second information about the second PDCP sequence number is used to determine a fourth PDCP sequence number for data transmission of the third node.
However, Kim teaches wherein the second information about the second PDCP sequence number is used to determine a fourth PDCP sequence number for data transmission of the third node (Fig 13 & [0231] and [0236]-[0237] discloses a source MN eNB where a PDCP sequence number 5 is the highest PDCP sequence number transmitted to the UE (i.e. first information about a first PDCP sequence number) which is used to determine a PDCP sequence number 6 (i.e. second information about a second PDCP sequence number) that is transmitted in a SN status Transfer Message to a target SN eNB that is then used to determine a PDCP sequence number between 6 and 12 (i.e. a third PDCP sequence number) for transmission of packet 1342 and a different PDCP sequence number (i.e. a fourth PDCP sequence number) between 6 and 12 for transmission of packet 1343 by the target SN eNB.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effectively filing date of the claimed invention to have the second node of claim 31, or the method of claim 21, wherein the second information about the second PDCP sequence number is used to determine a fourth PDCP sequence number for data transmission of the third node, as disclosed by Hsieh in view of by Kim, wherein the second information is used to determine a fourth PDCP sequence number for data transmission of the third node, as taught by Kim. The motivation to do so would be to have a source secondary eNB, or a method for a source secondary eNB to, receive, from a master eNB, involved in a MN-to-eNB change, request information of a current PDCP sequence number (e.g. a first PDCP sequence number that may be a highest PDCP sequence number of a PDCP PDU delivered to a UE), transmit first information to the master eNB of the current PDCP sequence number, based on a predicted adjusted PDCP transmission window determine a third PDCP sequence number and a fourth PDCP number for sending at least two future PDCP PDU (i.e. PDCP PDUs after the PDCP PDU with the second PDCP sequence number) for transmission of the future PDCP PDUs received by a target eNB in order to maintain flow control during the MN-to-eNB change.
Hsieh fails to disclose wherein the fourth PDCP sequence number for data transmission is through the first node.
However, Park further teaches wherein the fourth PDCP sequence number for data transmission is through the first node (Fig 7 & [0112] discloses a source master gNB forwarding data to a target master eNB for transmission by the target master eNB.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effectively filing date of the claimed invention to have the second node of claim 31, or the method of claim 21, wherein the second information about the second PDCP sequence number is used to determine a fourth PDCP sequence number for data transmission of the third node, as disclosed by Hsieh in view of by Kim, wherein the fourth PDCP sequence number for data transmission is through the first node, as further taught by Park. The motivation to do so would be to have a source secondary eNB, or a method for a source secondary eNB to, receive, from a master eNB involved in a MN-to-eNB change, request information of a current PDCP sequence number (e.g. a first PDCP sequence number that may be a highest PDCP sequence number of a PDCP PDU delivered to a UE), transmit first information to the master eNB of the current PDCP sequence number, and based on a predicted adjusted PDCP transmission window determine a third PDCP sequence number and a fourth PDCP number for sending at least two future PDCP PDU (i.e. PDCP PDUs after the PDCP PDU with the second PDCP sequence number) for transmission of the future PDCP PDUs received by a target eNB that have been forwarded from the master eNB, in order to maintain flow control during the MN-to-eNB change.
Claims 19, 24, 29 & 34 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh et al. (US 11765627)(herein after “Hsieh) in view of Kim et al. (US 2020/0068639)(herein after “Kim”), as applied to claims 16, 21, 26 & 31 respectively, and further in view of Veijalainen et al. (US 20230043492)(herein after “Veijalainen”).
Regarding claims 19 & 29, Hsieh in view of Kim discloses the first node of claim 26 and the method of claim 16.
Hsieh fails to disclose wherein the second information about the second PDCP sequence number is predicted based on an artificial intelligence (AI) model.
However, Veijalainen further teaches wherein the second information about the second PDCP sequence number is predicted based on an artificial intelligence (AI) model ([0045]-[0046] discloses the use of machine learning (i.e. AI) to predict whether the use of PDCP-PDU duplication is beneficial, and if so on which leg, or harmful based on a reward outcome. Predicting a reward outcome information related to whether PDCP-PDU duplication is beneficial or not may be interpreted as predicting information about a PDCP sequence number (i.e. about whether a PDCP sequence number should be repeated or not).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the first node of claim 26, or the method of claim 16, as disclosed by Hsieh in view of Kim, wherein the second information about the second PDCP sequence number is predicted based on an artificial intelligence (AI) model, as further taught by Veijalainen. The motivation to do so would have been to have a master eNB involved in a MN-to-eNB change, or a method for a master eNB involved in a MN-to-eNB change to, request information from a source secondary eNB of a current PDCP sequence number, receive first information from the source secondary eNB of the current PDCP sequence number, predict using an AI or Machine learning model second information about a second PDCP sequence number for transmission by a target eNB, send the second information about the second PDCP sequence number to the target eNB, wherein the target eNB uses the second information about the second PDCP sequence number to determine a third PDCP sequence number for transmission of forwarded packets in order to optimize flow control during the MN-to-eNB change through the use of AI or machine learning.
Regarding claims 24 & 34, Hsieh in view of Kim disclose the second node of claim 31 and the method of claim 21.
Hsieh fails to disclose wherein the second information about the second PDCP sequence number is predicted based on an artificial intelligence (AI) model.
However, Veijalainen further teaches wherein the second information about the second PDCP sequence number is predicted based on an artificial intelligence (AI) model ([0045]-[0046] discloses the use of machine learning (i.e. AI) to predict whether the use of PDCP-PDU duplication is beneficial, and if so on which leg, or harmful based on a reward outcome. Predicting a reward outcome information related to whether PDCP-PDU duplication is beneficial or not may be interpreted as predicting information about a PDCP sequence number (i.e. about whether a PDCP sequence number should be repeated or not).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the second node of claim 31, or the method of claim 21, as disclosed by Hsieh in view of Kim, wherein the second information about the second PDCP sequence number is predicted based on an artificial intelligence (AI) model, as further taught by Veijalainen. The motivation to do so would have been to have a source secondary eNB, or a method for a source secondary eNB to, receive, from a master eNB involved in a MN-to-eNB change, a request for information of a current PDCP sequence number, transmit first information to the master eNB of the current PDCP sequence number, and based on predicted second information, using an AI or Machine learning model, about a second PDCP sequence number for transmitting a future PDCP PDU (i.e. a PDCP PDU to be sent after a PDCP PDU associated with the first PDCP sequence number has been sent), determine a third PDCP sequence number for transmission of further future PDCP PDU (i.e. a PDCP PDU to be sent after the PDCP PDU associated with the second PDCP sequence number) forwarded by the master eNB through the target eNB to the source secondary eNB in order to optimize flow control during the MN-to-eNB change through the use of AI or machine learning.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Zhang et al. (WO 2016119210) discloses Dual Connectivity and Handover.
Han et al. (CN 112788663) discloses a Device Used for Discarding Forwarding PDCP SDU During Dual Activation Protocol Stack Handover Process Comprises Two Base Stations, Memory, Processing Circuitry, for Operatively Coupling to Memory, and Interface.
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/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419