CTNF 18/316,095 CTNF 85737 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 the Applicants' amendment received on 03/04/2026. Claim Status Claims 1-30 are currently presenting for examination. This action has been made NON-FINAL . Response to Arguments Applicants' arguments filed 03/04/2026 have been fully considered but are moot in view of the new ground(s) of rejection. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-8, 27-28 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Oyman, US 20190215729 . For claim 1 . Oyman teaches; A user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, the one or more processors individually or collectively, configured to: (Oyman, fig 7, paragraph 100-105; fig 8, paragraph 134-137) communicate with a network entity to signal information related to an estimated available bit rate (ABR) for each of one or more logical channels on at least one of an uplink or a downlink; (Oyman, fig 10, paragraph 155, wireless communication device includes MAC 1020; paragraph 158, the MAC 1020 may request the RAN node 111 to indicate the recommended bit rate for a specific logical channel and a specific direction, if the MAC 1020 is requested by upper layers to query the RAN node 111 for the recommended bit rate for a logical channel and for a direction (e.g., for uplink or downlink), the MAC 1020 may trigger a recommended bit rate query for the logical channel, direction, and desired bit rate if/when a recommended bit rate query for the logical channel and direction has not been triggered; also see fig 11, paragraph 159-160, 202-203 for more information) and communicate traffic associated with the one or more logical channels according to a frame rate or a bit rate that is based at least in part on the information related to the estimated ABR for the one or more logical channels. (Oyman, paragraph 202-203, receiving, from the RAN node, a recommended bit rate MAC CE that includes a recommended bit rate message, the recommended bit rate message to indicate an ANBR, and the ANBR is based on the recommended bit rate query, adapting or causing to adapt a bit rate based on the ANBR, generating or causing to generate a CMR or an RTCP-APP for voice rate adaptation based on the ANBR, or generating or causing to generate a TMMBR or a TMMBN message for video rate adaptation based on the ANBR; paragraph 43, as an example, for ANBR- triggered rate up-switching, an MTSI client may adapt its sent bitrate and also perform CMR/RTCP-APP/TMMBR/TMMBN signaling more responsively based on the ANBR information it receives from its local RAN node 111; paragraph 40, for uplink or downlink bit rate adaptation, the RAN node 111 may send a recommended bit rate to the UE 101 to inform the UE 101 on the currently recommended transport bit rate on the local uplink or downlink, which the UE 101 may use in combination with other information to adapt the bit rate, the UE 101 is not expected to go beyond the recommended bit rate from the RAN node 111; fig 10, paragraph 158, if the MAC 1020 has UL resources allocated for new transmission the MAC 1020 may, for each recommended bit rate query that the recommended bit rate procedure determines has been triggered and not cancelled, instruct the multiplexing and assembly entity within the MAC 1020 to generate the recommended bit rate MAC CE for the logical channel and the direction of the recommended bit rate query; paragraph 157, the MAC 1020 may perform mapping between the logical channels and transport channels, multiplexing of MAC SDUs from one or more logical channels onto TBs to be delivered to PHY 1010 via the transport channels; paragraph 156, the PHY 1010 may transmit and receive physical layer signals 1005 that may be received from or transmitted to one or more other communication devices; also see fig 11, paragraph 159-160 for more information) For claim 2 . Oyman discloses all the limitations of claim 1, and Oyman further teaches: wherein the one or more processors, to communicate with the network entity to signal the information related to the estimated ABR, are individually or collectively configured to: receive, from the network entity, downlink signaling including an ABR indication for the one or more logical channels. (Oyman, fig 10, paragraph 158, the RAN node 111 may transmit the recommended bit rate MAC CE (see e.g., FIG. 11) to the MAC 1020 of the UE 101 to indicate the recommended bit rate for the UE 101 for a specific logical channel and a specific direction (either uplink or downlink); also see fig 11, paragraph 159-160, 202-203 for more information) For claim 3 . Oyman discloses all the limitations of claim 2, and Oyman further teaches: wherein the one or more processors, to communicate with the network entity to signal the information related to the estimated ABR, are individually or collectively configured to: transmit, to the network entity, uplink signaling that includes an ABR inquiry for the one or more logical channels, wherein the ABR indication is based at least in part on the ABR inquiry. (Oyman, fig 10, paragraph 158, the MAC 1020 may request the RAN node 111 to indicate the recommended bit rate for a specific logical channel and a specific direction, if the MAC 1020 is requested by upper layers to query the RAN node 111 for the recommended bit rate for a logical channel and for a direction (e.g., for uplink or downlink), the MAC 1020 may trigger a recommended bit rate query for the logical channel, direction, and desired bit rate if/when a recommended bit rate query for the logical channel and direction has not been triggered; paragraph 158, the RAN node 111 may transmit the recommended bit rate MAC CE (see e.g., FIG. 11) to the MAC 1020 of the UE 101 to indicate the recommended bit rate for the UE 101 for a specific logical channel and a specific direction (either uplink or downlink); also see fig 11, paragraph 159-160, 202-203 for more information) For claim 4 . Oyman discloses all the limitations of claim 1, and Oyman further teaches: wherein the one or more processors, to communicate with the network entity to signal the information related to the estimated ABR, are individually or collectively configured to: transmit, to the network entity, uplink signaling that includes a preferred rate indication for the one or more logical channels. (Oyman, fig 10, paragraph 158, the MAC 1020 may request the RAN node 111 to indicate the recommended bit rate for a specific logical channel and a specific direction, if the MAC 1020 is requested by upper layers to query the RAN node 111 for the recommended bit rate for a logical channel and for a direction (e.g., for uplink or downlink), the MAC 1020 may trigger a recommended bit rate query for the logical channel, direction, and desired bit rate if/when a recommended bit rate query for the logical channel and direction has not been triggered; fig 11, paragraph 159-160, the LCID field indicates the identity of the logical channel for which the recommended bit rate query is applicable, the bit rate field indicates a value of a desired bit rate for the bit rate recommendation query; also see paragraph 202-203 for more information) For claim 5 . Oyman discloses all the limitations of claim 1, and Oyman further teaches: wherein the information related to the estimated ABR is signaled in a medium access control (MAC) control element (MAC-CE). (Oyman, fig 11, paragraph 159-160, the MAC CE 1100A is used to convey recommended bit rate queries and recommended bit rate messages in LTE implementations and the MAC CE 1100B is used to convey recommended bit rate queries and recommended bit rate messages in NR implementations) For claim 6 . Oyman discloses all the limitations of claim 5, and Oyman further teaches: wherein the MAC-CE includes, for each of the one or more logical channels, an identifier of a respective logical channel and a field that indicates whether the MAC-CE is related to the estimated ABR for uplink traffic or downlink traffic associated with the respective logical channel. (Oyman, fig 11, paragraph 159-160, the LCID field indicates the identity of the logical channel for which the recommended bit rate or the recommended bit rate query is applicable, the UL/DL field indicates whether the recommended bit rate or the recommended bit rate query applies to uplink or downlink, the bit rate field indicates a value of the recommended bit rate for the bit rate recommendation message, and indicates a value of a desired bit rate for the bit rate recommendation query) For claim 7 . Oyman discloses all the limitations of claim 5, and Oyman further teaches: wherein the MAC-CE is a downlink MAC-CE received from the network entity that includes, for each of the one or more logical channels, an ABR indication that indicates the estimated ABR for a respective logical channel. (Oyman, fig 10, paragraph 158, the RAN node 111 may transmit the recommended bit rate MAC CE (see e.g., FIG. 11) to the MAC 1020 of the UE 101 to indicate the recommended bit rate for the UE 101 for a specific logical channel and a specific direction (either uplink or downlink); also see fig 11, paragraph 159-160, 202-203 for more information) For claim 8 . Oyman discloses all the limitations of claim 5, and Oyman further teaches: wherein the MAC-CE is an uplink MAC-CE transmitted to the network entity that includes, for each of the one or more logical channels, a field to indicate whether the uplink MAC-CE carries an inquiry or an indication related to the estimated ABR for a respective logical channel. (Oyman, fig 10, paragraph 158, the MAC 1020 may request the RAN node 111 to indicate the recommended bit rate for a specific logical channel and a specific direction, if the MAC 1020 is requested by upper layers to query the RAN node 111 for the recommended bit rate for a logical channel and for a direction (e.g., for uplink or downlink), the MAC 1020 may trigger a recommended bit rate query for the logical channel, direction, and desired bit rate if/when a recommended bit rate query for the logical channel and direction has not been triggered; fig 11, paragraph 159-160, the MAC CE 1100A is used to convey recommended bit rate queries and recommended bit rate messages in LTE implementations and the MAC CE 1100B is used to convey recommended bit rate queries and recommended bit rate messages in NR implementations, the recommended bit rate MAC CEs 1100A-B are each identified by a MAC PDU subheader with a first LCID value for bit rate recommendation message from the RAN node 111 to the UE 101 (e.g., over the DL-SCH) and a second LCID value for a bit rate recommendation query message from the UE 101 to the RAN node 111 (e.g., over an UL-SCH), the bit rate field indicates a value of the recommended bit rate for the bit rate recommendation message, and indicates a value of a desired bit rate for the bit rate recommendation query) For claim 27 . Oyman teaches: A method of wireless communication performed by a user equipment (UE), comprising: (Oyman, fig 10, paragraph 155, 158) communicating with a network entity to signal information related to an estimated available bit rate (ABR) for each of one or more logical channels on at least one of an uplink or a downlink; (Oyman, fig 10, paragraph 155, wireless communication device includes MAC 1020; paragraph 158, the MAC 1020 may request the RAN node 111 to indicate the recommended bit rate for a specific logical channel and a specific direction, if the MAC 1020 is requested by upper layers to query the RAN node 111 for the recommended bit rate for a logical channel and for a direction (e.g., for uplink or downlink), the MAC 1020 may trigger a recommended bit rate query for the logical channel, direction, and desired bit rate if/when a recommended bit rate query for the logical channel and direction has not been triggered; also see fig 11, paragraph 159-160, 202-203 for more information) and communicating traffic associated with the one or more logical channels according to a frame rate or a bit rate that is based at least in part on the information related to the estimated ABR for the one or more logical channels. (Oyman, paragraph 202-203, receiving, from the RAN node, a recommended bit rate MAC CE that includes a recommended bit rate message, the recommended bit rate message to indicate an ANBR, and the ANBR is based on the recommended bit rate query, adapting or causing to adapt a bit rate based on the ANBR, generating or causing to generate a CMR or an RTCP-APP for voice rate adaptation based on the ANBR, or generating or causing to generate a TMMBR or a TMMBN message for video rate adaptation based on the ANBR; paragraph 43, as an example, for ANBR-triggered rate up-switching, an MTSI client may adapt its sent bitrate and also perform CMR/RTCP-APP/TMMBR/TMMBN signaling more responsively based on the ANBR information it receives from its local RAN node 111; paragraph 40, for uplink or downlink bit rate adaptation, the RAN node 111 may send a recommended bit rate to the UE 101 to inform the UE 101 on the currently recommended transport bit rate on the local uplink or downlink, which the UE 101 may use in combination with other information to adapt the bit rate, the UE 101 is not expected to go beyond the recommended bit rate from the RAN node 111; fig 10, paragraph 158, if the MAC 1020 has UL resources allocated for new transmission the MAC 1020 may, for each recommended bit rate query that the recommended bit rate procedure determines has been triggered and not cancelled, instruct the multiplexing and assembly entity within the MAC 1020 to generate the recommended bit rate MAC CE for the logical channel and the direction of the recommended bit rate query; paragraph 157, the MAC 1020 may perform mapping between the logical channels and transport channels, multiplexing of MAC SDUs from one or more logical channels onto TBs to be delivered to PHY 1010 via the transport channels; paragraph 156, the PHY 1010 may transmit and receive physical layer signals 1005 that may be received from or transmitted to one or more other communication devices; also see fig 11, paragraph 159-160 for more information) For claim 28 . Oyman discloses all the limitations of claim 27, and Oyman further teaches: wherein the information related to the estimated ABR is signaled in a medium access control (MAC) control element (MAC-CE). (Oyman, fig 11, paragraph 159-160, the MAC CE 1100A is used to convey recommended bit rate queries and recommended bit rate messages in LTE implementations and the MAC CE 1100B is used to convey recommended bit rate queries and recommended bit rate messages in NR implementations) 07-15 AIA Claim s 14-21, 30 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Yavuz, US 20190159071 . For claim 14 . Yavuz teaches: A network entity for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, the one or more processors individually or collectively, configured to: (Yavuz, fig 11, paragraph 68-73) communicate with a user equipment (UE) to signal information related to an estimated available bit rate (ABR) for each of one or more logical channels on at least one of an uplink or a downlink; (Yavuz, fig 14, paragraph 84-86, for the rate recommendation from the eNB to the UE, fields indicating the logical channel identity (e.g., 4 bits), the uplink or downlink direction (e.g., 1 bit), and an index to a table of transport bandwidths (e.g, 7-11 bits) may be used, the rate recommendation may also be given an explicit number, and not as an index to a table; paragraph 87-92, for the UE to initiate an information exchange on the currently recommended application bit rate, an element consisting of fields indicating the desired packet treatment (e.g., 8 bits) such as latency and averaging used for computing the bit rate, the uplink or downlink direction (e.g., 1 bit), and an index to a table with tabulated values of the desired application bit rate (e.g., 7 bits), also, the bit rate may also be an explicit number instead of an index to a table, the logical channel identity may be included in order to link the information request to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN; paragraph 93-94, the response from the eNB to the UE can use the same format as for the rate recommendation from eNB to the UE as described above, possibly the eNB may respond with a bit rate either equivalent to, less than, or greater than the bit rate included in the query from the UE. Also, the eNB may send a response with reject for the query for a recommended bit rate) and communicate traffic associated with the one or more logical channels according to a frame rate or a bit rate that is based at least in part on the information related to the estimated ABR for the one or more logical channels. (Yavuz, fig 14, paragraph 79-99, show in fig 14 that media communication among UE, eNB, ECP/IMS is adapted based on the recommended bit rate, also, SIP add media procedure is performed among UE, eNB, EPC/IMS based on the recommended bit rate) For claim 15 . Yavuz discloses all the limitations of claim 14, and Yavuz further teaches: wherein the one or more processors, to communicate with the UE to signal the information related to the estimated ABR, are individually or collectively configured to: transmit, to the UE, downlink signaling including an ABR indication for the one or more logical channels. (Yavuz, fig 14, paragraph 84-86, for the rate recommendation from the eNB to the UE, fields indicating the logical channel identity (e.g., 4 bits), the uplink or downlink direction (e.g., 1 bit), and an index to a table of transport bandwidths (e.g, 7-11 bits) may be used, the rate recommendation may also be given an explicit number, and not as an index to a table; paragraph 87-92, the logical channel identity may be included in order to link the information to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN; paragraph 93-94, the response from the eNB to the UE can use the same format as for the rate recommendation from eNB to the UE as described above, possibly the eNB may respond with a bit rate either equivalent to, less than, or greater than the bit rate included in the query from the UE. Also, the eNB may send a response with reject for the query for a recommended bit rate) For claim 16 . Yavuz discloses all the limitations of claim 15, and Yavuz further teaches: wherein the one or more processors, to communicate with the UE to signal the information related to the estimated ABR, are individually or collectively configured to: receive, from the UE, uplink signaling that includes an ABR inquiry for the one or more logical channels, wherein the ABR indication is based at least in part on the ABR inquiry. (Yavuz, fig 14, paragraph 87-92, for the UE to initiate an information exchange on the currently recommended application bit rate, an element consisting of fields indicating the desired packet treatment (e.g., 8 bits) such as latency and averaging used for computing the bit rate, the uplink or downlink direction (e.g., 1 bit), and an index to a table with tabulated values of the desired application bit rate (e.g., 7 bits), also, the bit rate may also be an explicit number instead of an index to a table, the logical channel identity may be included in order to link the information request to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN) For claim 17 . Yavuz discloses all the limitations of claim 14, and Yavuz further teaches: wherein the one or more processors, to communicate with the UE to signal the information related to the estimated ABR, are individually or collectively configured to: receive, from the UE, uplink signaling that includes a preferred rate indication for the one or more logical channels. (Yavuz, fig 14, paragraph 87-92, for the UE to initiate an information exchange on the currently recommended application bit rate, an element consisting of fields indicating the desired packet treatment (e.g., 8 bits) such as latency and averaging used for computing the bit rate, the uplink or downlink direction (e.g., 1 bit), and an index to a table with tabulated values of the desired application bit rate (e.g., 7 bits), also, the bit rate may also be an explicit number instead of an index to a table, the logical channel identity may be included in order to link the information request to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN) For claim 18 . Yavuz discloses all the limitations of claim 14, and Yavuz further teaches: wherein the information related to the estimated ABR is signaled in a medium access control (MAC) control element (MAC-CE). (Yavuz, paragraph 84-86, the information contained in a MAC CE transmitted from the eNB to the UE may be described by Table 4; paragraph 87-92, an example of a MAC CE for the query from the UE to the eNB is given by Table 6; paragraph 93, the response from the eNB to the UE can use the same format as for the rate recommendation from eNB to the UE as described above) For claim 19 . Yavuz discloses all the limitations of claim 18, and Yavuz further teaches: wherein the MAC-CE includes, for each of the one or more logical channels, an identifier of a respective logical channel and a field that indicates whether the MAC-CE is related to the estimated ABR for uplink traffic or downlink traffic associated with the respective logical channel. (Yavuz, paragraph 84-94, for the rate recommendation from the eNB to the UE, fields indicating the logical channel identity (e.g., 4 bits), the uplink or downlink direction (e.g., 1 bit), and an index to a table of transport bandwidths (e.g, 7-11 bits) may be used, the rate recommendation may also be given an explicit number, and not as an index to a table, the information contained in a MAC CE transmitted from the eNB to the UE may be described by Table 4; paragraph 87-92, for the UE to initiate an information exchange on the currently recommended application bit rate, an element consisting of fields indicating the desired packet treatment (e.g., 8 bits) such as latency and averaging used for computing the bit rate, the uplink or downlink direction (e.g., 1 bit), and an index to a table with tabulated values of the desired application bit rate (e.g., 7 bits), also, the bit rate may also be an explicit number instead of an index to a table, the logical channel identity may be included in order to link the information request to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN, an example of a MAC CE for the query from the UE to the eNB is given by Table 6; paragraph 93-94, the response from the eNB to the UE can use the same format as for the rate recommendation from eNB to the UE as described above, possibly the eNB may respond with a bit rate either equivalent to, less than, or greater than the bit rate included in the query from the UE. Also, the eNB may send a response with reject for the query for a recommended bit rate) For claim 20 . Yavuz discloses all the limitations of claim 18, and Yavuz further teaches: wherein the MAC-CE is a downlink MAC-CE transmitted to the UE that includes, for each of the one or more logical channels, an ABR indication that indicates the estimated ABR for a respective logical channel. (Yavuz, paragraph 84-94, for the rate recommendation from the eNB to the UE, fields indicating the logical channel identity (e.g., 4 bits), the uplink or downlink direction (e.g., 1 bit), and an index to a table of transport bandwidths (e.g, 7-11 bits) may be used, the rate recommendation may also be given an explicit number, and not as an index to a table, the information contained in a MAC CE transmitted from the eNB to the UE may be described by Table 4; paragraph 93-94, the response from the eNB to the UE can use the same format as for the rate recommendation from eNB to the UE as described above, possibly the eNB may respond with a bit rate either equivalent to, less than, or greater than the bit rate included in the query from the UE. Also, the eNB may send a response with reject for the query for a recommended bit rate) For claim 21 . Yavuz discloses all the limitations of claim 18, and Yavuz further teaches: wherein the MAC-CE is an uplink MAC-CE received from the UE that includes, for each of the one or more logical channels, a field to indicate whether the uplink MAC-CE carries an inquiry or an indication related to the estimated ABR for a respective logical channel. (Yavuz, paragraph 87-92, for the UE to initiate an information exchange on the currently recommended application bit rate, an element consisting of fields indicating the desired packet treatment (e.g., 8 bits) such as latency and averaging used for computing the bit rate, the uplink or downlink direction (e.g., 1 bit), and an index to a table with tabulated values of the desired application bit rate (e.g., 7 bits), also, the bit rate may also be an explicit number instead of an index to a table, the logical channel identity may be included in order to link the information request to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN, an example of a MAC CE for the query from the UE to the eNB is given by Table 6) For claim 30 . Yavuz teaches: A method of wireless communication performed by a network entity, comprising: (Yavuz, fig 14, paragraph 79-99) communicating with a user equipment (UE) to signal information related to an estimated available bit rate (ABR) for each of one or more logical channels on at least one of an uplink or a downlink; (Yavuz, fig 14, paragraph 84-86, for the rate recommendation from the eNB to the UE, fields indicating the logical channel identity (e.g., 4 bits), the uplink or downlink direction (e.g., 1 bit), and an index to a table of transport bandwidths (e.g, 7-11 bits) may be used, the rate recommendation may also be given an explicit number, and not as an index to a table; paragraph 87-92, for the UE to initiate an information exchange on the currently recommended application bit rate, an element consisting of fields indicating the desired packet treatment (e.g., 8 bits) such as latency and averaging used for computing the bit rate, the uplink or downlink direction (e.g., 1 bit), and an index to a table with tabulated values of the desired application bit rate (e.g., 7 bits), also, the bit rate may also be an explicit number instead of an index to a table, the logical channel identity may be included in order to link the information request to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN; paragraph 93-94, the response from the eNB to the UE can use the same format as for the rate recommendation from eNB to the UE as described above, possibly the eNB may respond with a bit rate either equivalent to, less than, or greater than the bit rate included in the query from the UE. Also, the eNB may send a response with reject for the query for a recommended bit rate) and communicating traffic associated with the one or more logical channels according to a frame rate or a bit rate that is based at least in part on the information related to the estimated ABR for the one or more logical channels. (Yavuz, fig 14, paragraph 79-99, show in fig 14 that media communication among UE, eNB, ECP/IMS is adapted based on the recommended bit rate, also, SIP add media procedure is performed among UE, eNB, EPC/IMS based on the recommended bit rate) Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 11, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Oyman, US 20190215729 in view of Adjakple, US 20210153065 . For claim 11 . Oyman discloses all the limitations of claim 1, however Oyman doesn’t teach: wherein the information related to the estimated ABR is signaled in UE assistance information (UAI) transmitted to the network entity. Adjakple from the same or similar fields of endeavor teaches: wherein the information related to the estimated ABR is signaled in UE assistance information (UAI) transmitted to the network entity. (Adjakple, paragraph 282-283, “The UE may signal to the gNB, in the LTE-like UE Assistance Information message or LTE like V2X UE Information message, the list of V2X communication logical channels and one or more of the following: One or more PBRs for the services or application data packets mapped to each of the logical channel, as specified in the NR V2X MO described herein;” PBR is prioritized bit rate) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Adjakple into Oyman, since Oyman suggests a technique for communicating bit rate information to base station, and Adjakple suggests the beneficial way of including into such technique communicating such bit rate information in UE Assistance Information message since it’s well-known and well-used in the art for bit rate information to be communicated from UE to base station in UE Assistance Information message (Adjakple, paragraph 282-283) thus doing so would ease implementation and improve compatibility in the analogous art of communication. For claim 29 . Oyman discloses all the limitations of claim 27, however Oyman doesn’t teach: wherein the information related to the estimated ABR is signaled in UE assistance information (UAI) transmitted to the network entity. Adjakple from the same or similar fields of endeavor teaches: wherein the information related to the estimated ABR is signaled in UE assistance information (UAI) transmitted to the network entity. (Adjakple, paragraph 282-283, “The UE may signal to the gNB, in the LTE-like UE Assistance Information message or LTE like V2X UE Information message, the list of V2X communication logical channels and one or more of the following: One or more PBRs for the services or application data packets mapped to each of the logical channel, as specified in the NR V2X MO described herein;” PBR is prioritized bit rate) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Adjakple into Oyman, since Oyman suggests a technique for communicating bit rate information to base station, and Adjakple suggests the beneficial way of including into such technique communicating such bit rate information in UE Assistance Information message since it’s well-known and well-used in the art for bit rate information to be communicated from UE to base station in UE Assistance Information message (Adjakple, paragraph 282-283) thus doing so would ease implementation and improve compatibility in the analogous art of communication . 07-21-aia AIA Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Oyman, US 20190215729 in view of Adjakple, US 20210153065 and Dai, US 20210105216 . For claim 13 . Oyman and Adjakple disclose all the limitations of claim 11, and Oyman further teaches: wherein the information indicates that a message carrying the information is a rate indication for the one or more logical channels, indicates a new value for one or more of the frame rate or the bit rate to be used for the traffic associated with the one or more logical channels, (Oyman, fig 10, paragraph 155, wireless communication device includes MAC 1020; paragraph 158, the MAC 1020 may request the RAN node 111 to indicate the recommended bit rate for a specific logical channel and a specific direction, if the MAC 1020 is requested by upper layers to query the RAN node 111 for the recommended bit rate for a logical channel and for a direction (e.g., for uplink or downlink), the MAC 1020 may trigger a recommended bit rate query for the logical channel, direction, and desired bit rate if/when a recommended bit rate query for the logical channel and direction has not been triggered; also see fig 11, paragraph 159-160, 202-203 for more information) Oyman doesn’t teach that the information is UAI Adjakple from the same or similar fields of endeavor teaches: the information is UAI (Adjakple, paragraph 282-283, “The UE may signal to the gNB, in the LTE-like UE Assistance Information message or LTE like V2X UE Information message, the list of V2X communication logical channels and one or more of the following: One or more PBRs for the services or application data packets mapped to each of the logical channel, as specified in the NR V2X MO described herein;” PBR is prioritized bit rate) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Adjakple into Oyman, since Oyman suggests a technique for communicating bit rate information to base station, and Adjakple suggests the beneficial way of including into such technique communicating such bit rate information in UE Assistance Information message since it’s well-known and well-used in the art for bit rate information to be communicated from UE to base station in UE Assistance Information message (Adjakple, paragraph 282-283) thus doing so would ease implementation and improve compatibility in the analogous art of communication. Oyman doesn’t teach: and indicates when the new value will become effective. Dai from the same or similar fields of endeavor teaches: and indicates when the new value will become effective. (Dai, paragraph 95, “Further, the codec adaptation control information for the given UE sent from the CU to the DU may have fine-grained control information that may include the control granularity of codec adaptation per PDU session, or per Qos flow, or per DRB, or per LCH. Using this information, the CU can determine for which PDU sessions, or QoS flows, or DRB, or LCH is codec adaptation allowed or disallowed for a UE. In some embodiments, the fine-grained control information may include the codec adaptation recommended bit rate or recommended bit rate range per UE, per PDU session, or per Qos flow, or per DRB, or per LCH. In some embodiments, the fine-grained control information may include codec adaptation control effective time window.”; LCH is logical control channel) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Dai into Oyman and Adjakple since Oyman suggests a technique for communicating bit rate information to base station, and Dai suggests the beneficial way of including into such bit rate information effective time window for such bit rate information (Dai, paragraph 95) to notify the base station when such bit rate would be effective thus improve communication based on such bit rate in the analogous art of communication . 07-21-aia AIA Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Yavuz, US 20190159071 in view of Adjakple, US 20210153065 . For claim 24 . Yavuz discloses all the limitations of claim 14, however Yavuz doesn’t teach: wherein the information related to the estimated ABR is signaled in UE assistance information (UAI) received from the UE. Adjakple from the same or similar fields of endeavor teaches: wherein the information related to the estimated ABR is signaled in UE assistance information (UAI) received from the UE. (Adjakple, paragraph 282-283, “The UE may signal to the gNB, in the LTE-like UE Assistance Information message or LTE like V2X UE Information message, the list of V2X communication logical channels and one or more of the following: One or more PBRs for the services or application data packets mapped to each of the logical channel, as specified in the NR V2X MO described herein;” PBR is prioritized bit rate) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Adjakple into Yavuz, since Yavuz suggests a technique for receiving bit rate information from UE, and Adjakple suggests the beneficial way of including into such technique receiving such bit rate information in UE Assistance Information message since it’s well-known and well-used in the art for bit rate information to be communicated from UE to base station in UE Assistance Information message (Adjakple, paragraph 282-283) thus doing so would ease implementation and improve compatibility in the analogous art of communication . 07-21-aia AIA Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Yavuz, US 20190159071 in view of Adjakple, US 20210153065 and Dai, US 20210105216 . For claim 26 . Yavuz and Adjakple disclose all the limitations of claim 24, and Yavuz further teaches: wherein the information indicates that a message carrying the information is a rate indication for the one or more logical channels, indicates a new value for one or more of the frame rate or the bit rate to be used for the traffic associated with the one or more logical channels, (Yavuz, fig 14, paragraph 84-86, for the rate recommendation from the eNB to the UE, fields indicating the logical channel identity (e.g., 4 bits), the uplink or downlink direction (e.g., 1 bit), and an index to a table of transport bandwidths (e.g, 7-11 bits) may be used, the rate recommendation may also be given an explicit number, and not as an index to a table; paragraph 87-92, for the UE to initiate an information exchange on the currently recommended application bit rate, an element consisting of fields indicating the desired packet treatment (e.g., 8 bits) such as latency and averaging used for computing the bit rate, the uplink or downlink direction (e.g., 1 bit), and an index to a table with tabulated values of the desired application bit rate (e.g., 7 bits), also, the bit rate may also be an explicit number instead of an index to a table, the logical channel identity may be included in order to link the information request to a specific service (e.g., Voice over LTE (VoLTE) service such as described by GSMA PRD IR.92), which uses a dedicated radio bearer for the IP Multimedia Subsystem Access Point Name (IMS APN), which is separate from the mobile broadband APN; paragraph 93-94, the response from the eNB to the UE can use the same format as for the rate recommendation from eNB to the UE as described above, possibly the eNB may respond with a bit rate either equivalent to, less than, or greater than the bit rate included in the query from the UE. Also, the eNB may send a response with reject for the query for a recommended bit rate) Yavuz doesn’t teach that the information is UAI Adjakple from the same or similar fields of endeavor teaches: the information is UAI (Adjakple, paragraph 282-283, “The UE may signal to the gNB, in the LTE-like UE Assistance Information message or LTE like V2X UE Information message, the list of V2X communication logical channels and one or more of the following: One or more PBRs for the services or application data packets mapped to each of the logical channel, as specified in the NR V2X MO described herein;” PBR is prioritized bit rate) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Adjakple into Yavuz, since Yavuz suggests a technique for communicating bit rate information to base station, and Adjakple suggests the beneficial way of including into such technique communicating such bit rate information in UE Assistance Information message since it’s well-known and well-used in the art for bit rate information to be communicated from UE to base station in UE Assistance Information message (Adjakple, paragraph 282-283) thus doing so would ease implementation and improve compatibility in the analogous art of communication. Yavuz doesn’t teach: and indicates when the new value will become effective. Dai from the same or similar fields of endeavor teaches: and indicates when the new value will become effective. (Dai, paragraph 95, “Further, the codec adaptation control information for the given UE sent from the CU to the DU may have fine-grained control information that may include the control granularity of codec adaptation per PDU session, or per Qos flow, or per DRB, or per LCH. Using this information, the CU can determine for which PDU sessions, or QoS flows, or DRB, or LCH is codec adaptation allowed or disallowed for a UE. In some embodiments, the fine-grained control information may include the codec adaptation recommended bit rate or recommended bit rate range per UE, per PDU session, or per Qos flow, or per DRB, or per LCH. In some embodiments, the fine-grained control information may include codec adaptation control effective time window.”: LCH is logical control channel) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Dai into Yavuz and Adjakple since Yavuz suggests a technique for communicating bit rate information to base station, and Dai suggests the beneficial way of including into such bit rate information effective time window for such bit rate information (Dai, paragraph 95) to notify the base station when such bit rate would be effective thus improve communication based on such bit rate in the analogous art of communication . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 9-10, 12, 22-23, 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA B HUYNH whose telephone number is (571)270-7185. The examiner can normally be reached Monday - Friday 1:00 PM - 9:35 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KHOA HUYNH/Primary Examiner, Art Unit 2462 Application/Control Number: 18/316,095 Page 2 Art Unit: 2462 Application/Control Number: 18/316,095 Page 4 Art Unit: 2462 Application/Control Number: 18/316,095 Page 5 Art Unit: 2462 Application/Control Number: 18/316,095 Page 7 Art Unit: 2462 Application/Control Number: 18/316,095 Page 8 Art Unit: 2462 Application/Control Number: 18/316,095 Page 10 Art Unit: 2462 Application/Control Number: 18/316,095 Page 11 Art Unit: 2462 Application/Control Number: 18/316,095 Page 12 Art Unit: 2462 Application/Control Number: 18/316,095 Page 13 Art Unit: 2462 Application/Control Number: 18/316,095 Page 14 Art Unit: 2462 Application/Control Number: 18/316,095 Page 16 Art Unit: 2462 Application/Control Number: 18/316,095 Page 17 Art Unit: 2462 Application/Control Number: 18/316,095 Page 18 Art Unit: 2462 Application/Control Number: 18/316,095 Page 19 Art Unit: 2462 Application/Control Number: 18/316,095 Page 20 Art Unit: 2462 Application/Control Number: 18/316,095 Page 21 Art Unit: 2462 Application/Control Number: 18/316,095 Page 22 Art Unit: 2462
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