DETAILED ACTION
This Office Action is in response to the Request for Continued Examination (RCE) filed on 19 November 2025.
Claims 16-35 are presented for examination.
Claims 16-35 are new.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 November 2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 16, 23 and 30 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 Objections
Claims 17, 24, 31 are objected to because of the following informalities:
Claim 17, line 2 recites the acronym “GTP” which should be written out before the acronym is used. For example, claim 17, line 2 should read ”…included in a general packet radio service (GPRS) tunneling protocol (GTP) layer…”. Please apply to claims 24 and 31 as well.
Appropriate correction is required.
Claim 23 recites, non-functional descriptive material limitations, “An apparatus for transmitting a data packet, comprising: at least one processor configured to:...in lines 1-2.
“An apparatus for transmitting a data packet, comprising: at least one processor configured to:…” merely serves a support for data instructions, and the data instruction will not impart/convey a patentable distinction when no functional relationship exists. In particular, a processing means cannot process data instruction alone, and require enabling a computer processor/CPU to process the data instruction in order to impart/convey a patentable distinction of a claim.
Claim 23 recites, non-functional descriptive material limitations, “An apparatus for transmitting a data packet, comprising: at least one processor...in lines 1-2.
“An apparatus for transmitting a data packet, comprising: at least one processor…” merely serves a support for data instructions, and the data instruction will not impart/convey a patentable distinction when no functional relationship exists. In particular, a processing means cannot process data instruction alone, and require enabling a computer processor/CPU to process the data instruction in order to impart/convey a patentable distinction of a claim.
As such, the functional language, “executing/processing data instruction stored in a non-transitory computer readable medium by a CPU or a computer processor” adds functional relationship to the clamed invention. Appropriate correction is required. (see MPEP 2111.05)
Dependent claims 24-29 are also objected to since they are dependent upon the objected claims set forth above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claim(s) 16, 21, 23, 28, 30 and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (EP 3 633 997 A1), hereinafter Zhang.
Regarding Claim 16, Zhang discloses a method for transmitting a data packet, comprising:
determining priority information of an image frame (see Figure 2 and paragraphs 5, 60, 65 and 76-78; determining/determines priority information/(priority indication information) of an image frame/video frame);
adding the priority information to one or more data packets corresponding to the image frame (see paragraphs 74-76 and 85; adding/add the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) to one or more data packets/(video data packets) corresponding to the image frame/video frame), wherein the priority information causing an access network device to discard the image frame at the access network device when a network resource cannot meet a transmission requirement (see paragraphs 66, 76, 99, 106 and 120; wherein the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) causing an access network device/(network device) to discard/discards the image frame/(video frame) at the access network device/(network device) when a network resource/(network element) cannot meet a transmission requirement/congestion); and
sending the one or more data packets corresponding to the image frame to the access network device (see Figure 6, step S601a-b and paragraphs 56-57, 91 and 94-95; sending/sends the one or more data packets/(video data packets) corresponding to the image frame/(video frame) to the access network device/network device).
Regarding Claim 21, Zhang discloses the method, wherein the determining priority information of an image frame (see Figure 2 and paragraphs 5, 60, 65 and 76-78; the determining/determines priority information/(priority indication information) of an image frame/video frame) comprises:
receiving a data packet corresponding to the image frame (see Figure 3 and paragraphs 28, 66, 72, 74 and 76; receiving/obtain a data packet/(video data packets) corresponding to the image frame/video frames), and obtaining the priority information from a header of the data packet(s) (see Figure 8 and paragraphs 76 and 84-85; and obtaining the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) from a header/(RTP extension header) of the data packet(s)/data packets).
Regarding Claim 23, Zhang discloses an apparatus for transmitting a data packet (see Figure 3 and paragraph 231; an apparatus for transmitting a data packet/sending device), comprising:
at least one processor (see Figure 3 and paragraph 231; at least one processor/one or more processors 31) configured to:
determine priority information of an image frame (see Figure 2 and paragraphs 5, 60, 65 and 76-78; determine/determines priority information/(priority indication information) of an image frame/video frame), and
add the priority information to one or more data packets corresponding to the image frame (see paragraphs 74-76 and 85; add/add the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) to one or more data packets/(video data packets) corresponding to the image frame/video frame), wherein the priority information causing an access network device to discard an image frame at the access network device when a network resource cannot meet a transmission requirement (see paragraphs 66, 76, 99, 106 and 120; wherein the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) causing an access network device/(network device) to discard/discards an image frame/(video frame) at the access network device/(network device) when a network resource/(network element) cannot meet a transmission requirement/congestion); and
a transceiver (see Figure 3 and paragraph 231; a transceiver/communications interface 33), coupled with the at least one processor (see Figure 3 and paragraph 231; coupled with the at least one processor/one or more processors 31), configured to:
send the one or more data packets corresponding to the image frame to the access network device (see Figure 6, step S601a-b and paragraphs 56-57, 91 and 94-95; send/sends the one or more data packets/(video data packets) corresponding to the image frame/(video frame) to the access network device/network device).
Regarding Claim 28, Zhang discloses the apparatus, further comprising:
the transceiver (see Figure 3 and paragraphs 25 and 33; the transceiver/communications interface 33) further configured to receive a data packet corresponding to the image frame (see Figure 3 and paragraphs 28, 66, 72, 74 and 76; configured to receive/obtain a data packet/(video data packets) corresponding to the image frame/video frames), and obtaining the priority information from a header of the data packet (see Figure 8 and paragraphs 76 and 84-85; and obtaining the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) from a header/(RTP extension header) of the data packet(s)/data packets).
Regarding Claim 30, Zhang discloses a non-transitory computer readable storage medium (see Figure 3 and paragraphs 28 and 31; a non-transitory computer readable storage medium/memory 32), having instructions stored thereon (see Figure 3 and paragraphs 28 and 31; having instructions/instructions stored/storing thereon), which when executed by a processing system of an apparatus (see Figure 3 and paragraphs 26 and 28; which when executed/execute by a processing system/(processor 31) of an apparatus/sending device), cause the apparatus (see Figure 3 and paragraphs 26 and 28; cause the apparatus/sending device) to:
determine priority information of an image frame (see Figure 2 and paragraphs 5, 60, 65 and 76-78; determine/determines priority information/(priority indication information) of an image frame/video frame);
add the priority information to one or more data packets corresponding to the image frame (see paragraphs 74-76 and 85; add/add the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) to one or more data packets/(video data packets) corresponding to the image frame/video frame), wherein the priority information causing an access network device to discard an image frame at the access network device when a network resource cannot meet a transmission requirement (see paragraphs 66, 76, 99, 106 and 120; wherein the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) causing an access network device/(network device) to discard/discards the image frame/(video frame) at the access network device/(network device) when a network resource/(network element) cannot meet a transmission requirement/congestion); and
send the one or more data packets corresponding to the image frame to the access network device (see Figure 6, step S601a-b and paragraphs 56-57, 91 and 94-95; send/sends the one or more data packets/(video data packets) corresponding to the image frame/(video frame) to the access network device/network device).
Regarding Claim 35, Zhang discloses the non-transitory computer readable storage medium (see Figure 3 and paragraphs 28 and 31; the non-transitory computer readable storage medium/memory 32), wherein the apparatus (see Figure 3 and paragraphs 26 and 28; wherein the apparatus/sending device) to determine priority information of an image frame (see Figure 2 and paragraphs 5, 60, 65 and 76-78; to determine/determines priority information/(priority indication information) of an image frame/video frame) further comprises the apparatus (see Figure 3 and paragraphs 26 and 28; further comprises the apparatus/sending device) to:
receive a data packet corresponding to the image frame (see Figure 3 and paragraphs 28, 66, 72, 74 and 76; receive/obtain a data packet/(video data packets) corresponding to the image frame/video frames), and obtaining the priority information from a header of the data packet (see Figure 8 and paragraphs 76 and 84-85; and obtaining the priority information/(video frame information that includes discard indication information to indicate a discard priority of the video data packet) from a header/(RTP extension header) of the data packet(s)/data packets).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 17, 24 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Yang et al (US 2016/0156748 A1), hereinafter Yang.
Regarding Claim 17, Although Zhang discloses determining priority information of an image frame as set forth above,
Zhang does not explicitly disclose “wherein the priority information is included in a GTP layer of the one or more data packets”.
However, Yang discloses the method, wherein the priority information is included in a GTP layer of the one or more data packets (see paragraphs 99 and 103; wherein the priority information/(priority information) is included/provided in a GTP layer/(GTP control plane message) of the one or more data packets/packets).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the priority information is included in a GTP layer of the one or more data packets” as taught by Yang in the system of Zhang to prioritize higher communications and drop or reject lower prioritized communications, if needed due to congestion (see page 1, paragraph 6 of Yang).
Regarding Claim 24, Although Zhang discloses determining priority information of an image frame as set forth above,
Zhang does not explicitly disclose “wherein the priority information is included in a GTP layer of the one or more data packets”.
However, Yang discloses the apparatus, wherein the priority information is included in a GTP layer of the one or more data packets (see paragraphs 99 and 103; wherein the priority information/(priority information) is included/provided in a GTP layer/(GTP control plane message) of the one or more data packets/packets).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the priority information is included in a GTP layer of the one or more data packets” as taught by Yang in the system of Zhang to prioritize higher communications and drop or reject lower prioritized communications, if needed due to congestion (see page 1, paragraph 6 of Yang).
Regarding Claim 31, Although Zhang discloses determining priority information of an image frame as set forth above,
Zhang does not explicitly disclose “wherein the priority information is included in a GTP layer of the one or more data packets”.
However, Yang discloses the non-transitory computer readable storage medium, wherein the priority information is included in a GTP layer of the one or more data packets (see paragraphs 99 and 103; wherein the priority information/(priority information) is included/provided in a GTP layer/(GTP control plane message) of the one or more data packets/packets).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the priority information is included in a GTP layer of the one or more data packets” as taught by Yang in the system of Zhang to prioritize higher communications and drop or reject lower prioritized communications, if needed due to congestion (see page 1, paragraph 6 of Yang).
Claim(s) 18, 25 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Pan et al (CN 202011042985.6), hereinafter Pan, where English Language of the convenient translation of (US 2023/0224253 A1), per MPEP 901.05, and further in view of Ying et al (US 2020/0136980 A1), hereinafter Ying.
Regarding Claim 18, Although Zhang discloses adding the priority information to the one or more data packets corresponding to the image frame as set forth above,
Zhang does not explicitly disclose “receiving identification information from a session management network element”.
However, Pan discloses the method, wherein the adding the priority information to the one or more data packets corresponding to the image frame comprises:
receiving identification information from a session management network element (see Figure 11, step 1104 and paragraph 178; receiving/(the session management function network element sends) identification information/(indication information) from a session management network element/session management function network element).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “receiving identification information from a session management network element” as taught by Pan in the system of Zhang to provide a communication method and apparatus, to reduce a waiting latency during transmission of retransmitted data and out-of-order data (see page 1, paragraph 5 of Pan).
Although the combination of Zhang and Pan discloses receiving identification information from a session management network element as set forth above,
The combination of Zhang and Pan does not explicitly disclose “adding the priority information to the one or more data packets based on the identification information”.
However, Ying discloses the method, wherein the adding the priority information to the one or more data packets corresponding to the image frame comprises:
adding the priority information to the one or more data packets based on the identification information (see paragraphs 36 and 46; adding/add the priority/priority information/indication to the one or more data packets/(data packet) based on the identification information/identification component adds priority indication in the Type-Of-Service field of the IP header with priority identification).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “adding the priority information to the one or more data packets based on the identification information” as taught by Ying in the combined system of Zhang and Pan so data packets from different services can be distinguished by setting a priority on the data packet corresponding to the service (see paragraph 44 of Ying).
Regarding Claim 25, Although Zhang discloses adding the priority information to the one or more data packets corresponding to the image frame as set forth above,
Zhang does not explicitly disclose “the transceiver further configured to receive identification information from a session management network element”.
However, Pan discloses the apparatus, further comprising:
the transceiver (see Figure 12 and paragraph 186; the transceiver/communication unit 1210) further configured to receive identification information from a session management network element (see Figure 11, step 1104 and paragraph 178; further configured to receive/(the session management function network element sends) identification information/(indication information) from a session management network element/session management function network element); and
the at least one processor (see Figure 12 and paragraph 186; the at least one processor/processing unit 1220).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “the transceiver further configured to receive identification information from a session management network element” as taught by Pan in the system of Zhang to provide a communication method and apparatus, to reduce a waiting latency during transmission of retransmitted data and out-of-order data (see page 1, paragraph 5 of Pan).
Although the combination of Zhang and Pan discloses the transceiver further configured to receive identification information from a session management network element as set forth above,
The combination of Zhang and Pan does not explicitly disclose “further configured to add the priority information to the one or more data packets based on the identification information”.
However, Ying discloses the apparatus, further comprising:
further configured to add the priority information to the one or more data packets based on the identification information (see paragraphs 36 and 46; further configured to add/add the priority/priority information/indication to the one or more data packets/(data packet) based on the identification information/identification component adds priority indication in the Type-Of-Service field of the IP header with priority identification).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “further configured to add the priority information to the one or more data packets based on the identification information” as taught by Ying in the combined system of Zhang and Pan so data packets from different services can be distinguished by setting a priority on the data packet corresponding to the service (see paragraph 44 of Ying).
Regarding Claim 32, Although Zhang discloses the apparatus to add the priority information to the one or more data packets corresponding to the image frame as set forth above,
Zhang does not explicitly disclose “receive identification information from a session management network element”.
However, Pan discloses the non-transitory computer readable storage medium, wherein the apparatus to add the priority information to the one or more data packets corresponding to the image frame further comprises the apparatus to:
receive identification information from a session management network element (see Figure 11, step 1104 and paragraph 178; receive/(the session management function network element sends) identification information/(indication information) from a session management network element/session management function network element).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “receive identification information from a session management network element” as taught by Pan in the system of Zhang to provide a communication method and apparatus, to reduce a waiting latency during transmission of retransmitted data and out-of-order data (see page 1, paragraph 5 of Pan).
Although the combination of Zhang and Pan discloses receive identification information from a session management network element as set forth above,
The combination of Zhang and Pan does not explicitly disclose “add the priority information to the one or more data packets based on the identification information”.
However, Ying discloses the non-transitory computer readable storage medium, wherein the apparatus to add the priority information to the one or more data packets corresponding to the image frame further comprises the apparatus to:
add the priority information to the one or more data packets based on the identification information (see paragraphs 36 and 46; add/add the priority/priority information/indication to the one or more data packets/(data packet) based on the identification information/identification component adds priority indication in the Type-Of-Service field of the IP header with priority identification).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “add the priority information to the one or more data packets based on the identification information” as taught by Ying in the combined system of Zhang and Pan so data packets from different services can be distinguished by setting a priority on the data packet corresponding to the service (see paragraph 44 of Ying).
Claim(s) 19-20, 26-27 and 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Pan, and further in view of Ying, and further in view of Zhou et al (CN 201910668398.9), hereinafter Zhou, where English Language of the convenient translation of (US 2022/0150683 A1), per MPEP 901.05
Regarding Claim 19, Although the combination of Zhang, Pan and Ying discloses receiving identification information from the session management network element as set forth above,
The combination of Zhang, Pan and Ying does not explicitly disclose “receiving a session establishment request message from the session management network element, wherein the session establishment request message comprises the identification information”.
However, Zhou discloses the method, wherein the receiving identification information from the session management network element comprises:
receiving a session establishment request message from the session management network element (see Figure 4B, step 414 and paragraphs 17, 160 and 167; receiving/(the I-SMF sends) a session establishment request message/(session establishment request message) from the session management network element/I-SMF), wherein the session establishment request message comprises the identification information (see Figure 4B, step 414 and paragraphs 17, 66, 160 and 167; wherein the session establishment request message/(session establishment request message) comprises the identification information/the identifier of the session includes a data network name or single network slice selection assistance information (S-NSSAI)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “receiving a session establishment request message from the session management network element, wherein the session establishment request message comprises the identification information” as taught by Zhou in the combined system of Zhang, Pan and Ying to provide a system for selecting a session management network element (see page 1, paragraph 2 of Zhou).
Regarding Claim 20, Although the combination of Zhang, Pan and Ying discloses the method as set forth above,
The combination of Zhang, Pan and Ying does not explicitly disclose “wherein the session establishment request message is an N4 session establishment request message”.
However, Zhou discloses the method, wherein the session establishment request message is an N4 session establishment request message (see Figure 4B, step 414 and paragraph 167; wherein the session establishment request message/(session establishment request message) is an N4/N4 session establishment request message/session establishment request message).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the session establishment request message is an N4 session establishment request message” as taught by Zhou in the combined system of Zhang, Pan and Ying to provide a system for selecting a session management network element (see page 1, paragraph 2 of Zhou).
Regarding Claim 26, Although the combination of Zhang, Pan and Ying discloses receiving identification information from the session management network element as set forth above,
The combination of Zhang, Pan and Ying does not explicitly disclose “the transceiver further configured to receive a session establishment request message from the session management network element, wherein the session establishment request message comprises the identification information”.
However, Zhou discloses the apparatus, further comprising:
the transceiver (see paragraph 70; the transceiver/wireless transceiver) further configured to receive a session establishment request message from the session management network element, wherein the session establishment request message comprises the identification information (see Figure 4B, step 414 and paragraphs 17, 160 and 167; further configured to receive/(the I-SMF sends) a session establishment request message/(session establishment request message) from the session management network element/I-SMF), wherein the session establishment request message comprises the identification information (see Figure 4B, step 414 and paragraphs 17, 66, 160 and 167; wherein the session establishment request message/(session establishment request message) comprises the identification information/the identifier of the session includes a data network name or single network slice selection assistance information (S-NSSAI)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “the transceiver further configured to receive a session establishment request message from the session management network element, wherein the session establishment request message comprises the identification information” as taught by Zhou in the combined system of Zhang, Pan and Ying to provide a system for selecting a session management network element (see page 1, paragraph 2 of Zhou).
Regarding Claim 27, Although the combination of Zhang, Pan and Ying discloses the apparatus as set forth above,
The combination of Zhang, Pan and Ying does not explicitly disclose “wherein the session establishment request message is an N4 session establishment request message”.
However, Zhou discloses the apparatus, wherein the session establishment request message is an N4 session establishment request message (see Figure 4B, step 414 and paragraph 167; wherein the session establishment request message/(session establishment request message) is an N4/N4 session establishment request message/session establishment request message).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the session establishment request message is an N4 session establishment request message” as taught by Zhou in the combined system of Zhang, Pan and Ying to provide a system for selecting a session management network element (see page 1, paragraph 2 of Zhou).
Regarding Claim 33, Although the combination of Zhang, Pan and Ying discloses receiving identification information from the session management network element as set forth above,
The combination of Zhang, Pan and Ying does not explicitly disclose “receive a session establishment request message from the session management network element, wherein the session establishment request message comprises the identification information”.
However, Zhou discloses the non-transitory computer readable storage medium, wherein the apparatus to receive identification information from the session management network element further comprises the apparatus to:
receive a session establishment request message from the session management network element (see Figure 4B, step 414 and paragraphs 17, 160 and 167; receive/(the I-SMF sends) a session establishment request message/(session establishment request message) from the session management network element/I-SMF), wherein the session establishment request message comprises the identification information (see Figure 4B, step 414 and paragraphs 17, 66, 160 and 167; wherein the session establishment request message/(session establishment request message) comprises the identification information/the identifier of the session includes a data network name or single network slice selection assistance information (S-NSSAI)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “receive a session establishment request message from the session management network element, wherein the session establishment request message comprises the identification information” as taught by Zhou in the combined system of Zhang, Pan and Ying to provide a system for selecting a session management network element (see page 1, paragraph 2 of Zhou).
Regarding Claim 34, Although the combination of Zhang, Pan and Ying discloses the non-transitory computer readable storage medium as set forth above,
The combination of Zhang, Pan and Ying does not explicitly disclose “wherein the session establishment request message is an N4 session establishment request message”.
However, Zhou discloses the non-transitory computer readable storage medium, wherein the session establishment request message is an N4 session establishment request message (see Figure 4B, step 414 and paragraph 167; wherein the session establishment request message/(session establishment request message) is an N4/N4 session establishment request message/session establishment request message).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the session establishment request message is an N4 session establishment request message” as taught by Zhou in the combined system of Zhang, Pan and Ying to provide a system for selecting a session management network element (see page 1, paragraph 2 of Zhou).
Claim(s) 22 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Pan.
Regarding Claim 22, Although Zhang discloses adding the priority information to the one or more data packets corresponding to the image frame as set forth above,
Zhang does not explicitly disclose “wherein the method is performed by a user plane network element”.
However, Pan discloses the method, wherein the method is performed by a user plane network element (see paragraph 179; wherein the method is performed by a user plane network element/the session management function network element may send the identification information of the data packet sequence number to the access network network element and a user plane function network element, so that the user plane function network element and the access network network element may transmit first data based on the identification information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the method is performed by a user plane network element” as taught by Pan in the system of Zhang to provide a communication method and apparatus, to reduce a waiting latency during transmission of retransmitted data and out-of-order data (see page 1, paragraph 5 of Pan).
Regarding Claim 29, Although Zhang discloses adding the priority information to the one or more data packets corresponding to the image frame as set forth above,
Zhang does not explicitly disclose “wherein the apparatus is a user plane network element”.
However, Pan discloses the apparatus, wherein the apparatus is a user plane network element (see paragraph 179; wherein the apparatus is a user plane network element/the session management function network element may send the identification information of the data packet sequence number to the access network network element and a user plane function network element, so that the user plane function network element and the access network network element may transmit first data based on the identification information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include “wherein the apparatus is a user plane network element” as taught by Pan in the system of Zhang to provide a communication method and apparatus, to reduce a waiting latency during transmission of retransmitted data and out-of-order data (see page 1, paragraph 5 of Pan).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al (US 2015/0003242 A1) discloses Method and system for transmitting data packet, sending end device and receiving end device. Specifically, see Figures 1-3 and paragraphs 35-94.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATRESA A McCALLUM whose telephone number is (571)270-5385. The examiner can normally be reached M-F 7:00am-4pm.
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/L.A.M/ Examiner, Art Unit 2469 /Ian N Moore/Supervisory Patent Examiner, Art Unit 2469