Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This communication is in response to applicant’s 03/10/2026 amendment or response in the application of WANG et al. for “COMMUNICATION METHOD AND APPARATUS FOR CONFIGURING A PROTOCOL LAYER OF A DATA RADIO BEARER” filed 06/27/2023. The amendment or response to the claims have been entered. No claims have been canceled. Claims 14-20 have been added. Claims 1-20 are now pending.
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)(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by HORI et al. (US 2021/0282220 A1), hereinafter “HORI.”
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Regarding claim 1, HORI discloses a method, comprising:
determining, by a first access network device (either eNB 102 or gNB 108, see figure 1), first configuration information, wherein the first access network device is connected to a first core network device (either eNB 102 or gNB 108 connected to the first core network (the combination of EPC 104 and 5GC 110), see figure 1), the first core network device uses a first communication standard or a second communication standard (the first EPC uses LTE protocol or NR, see ¶ 0002-0003, 0050), the first configuration information comprises status indication information of a first protocol layer of the second communication standard, the status indication information indicates a first state or a second state of the first protocol layer, the first state indicates a terminal to perform a function of the first protocol layer, the second state indicates the terminal not to perform a function of the first protocol layer, and the first protocol layer comprises a service data adaptation protocol (SDAP) layer (the eNB 102 or gNB 108 provides the SDAP configuration information indicating whether the SDAP function should be “enable” or “disable;” “activate” or “diactivate;” and “true” or “false” to the UE, see figures 19-20 and ¶ 0139, 0141); and
sending, by the first access network device, the first configuration information to the terminal (sending the SDAP-Config configuration information to the UE, see figure 19 and ¶ 0139).
Regarding claim 2, HORI discloses sending, by the first access network device (eNB 102 or gNB 108, see figure 1), a first message to a second access network device (eNB 102 or gNB 108, see figure 1), wherein the first message comprises information that indicates a communication standard used by the first core network device (the eNB 102 and gNB 108 communicate over the interface 120 using LTE protocol, see figure 1, ¶ 0054).
Regarding claim 3, HORI discloses sending, by the first access network device, the first message to the second access network device through a first interface that uses the second communication standard (the eNB 102 and gNB 108 communicate over the interface 120, where the gNB 108 is in communication with 5GC 110 (New Radio) over interface 116, see figure 1, ¶ 0054).
Regarding claim 4, HORI discloses the first access network device supports a second interface and a third interface (eNB 102 having a plurality of interfaces 112, 114, 120, see figure 1); and
the first access network device is connected to the first core network device using the first communication standard through the second interface (the eNB is connected to EPC 104 through interface 112, see figure 1), wherein the second interface is defined in the first communication standard (the EPC 104 uses 4G LTE, see 1 and ¶ 0050); or
the first access network device is connected to the first core network device using the second communication standard through the third interface, wherein the third interface is defined in the second communication standard (the eNB 102 or gNB 108 have multiple interfaces 112, 114, 120 for communication with multiple core networks, see figure 1).
Regarding claim 5, HORI discloses receiving, by the first access network device, a second message, wherein the second message comprises information that indicates a communication standard used by the first core network device (an interface 112 is an interface between the eNB 102 and the EPC 104, where there is a control plane (CP) through which control signals transfer and a user plane (UP) through which user data transfers, see ¶ 0052)
Regarding claim 6, HORI discloses receiving, by the first access network device, the second message from the first core network device; or receiving, by the first access network device, the second message from an operation and maintenance (OM) device (an interface 112 is an interface between the eNB 102 and the EPC 104, where there is a control plane (CP) through which control signals transfer and a user plane (UP) through which user data transfers, see ¶ 0052).
Regarding claim 7, HORI discloses a method, comprising:
receiving, by a terminal, first configuration information from a first access network device (UE 122 receives configuration information from eNB 112, see figures 1, 4, 6, 11 and ¶ 0081), wherein the first access network device is connected to a first core network device, the first core network device (the combination of EPC 104 and 5GC 110), see figure 1), uses a first communication standard or a second communication standard (the eNB 102 is connected to EPC 104 and utilizes E-UTRA standard also known in the art as 4LTE standard, see ¶ 0055), the first configuration information comprises status indication information of a first protocol layer of the second communication standard, the status indication information indicates a first state or a second state of the first protocol layer, the first state indicates the terminal to perform a function of the first protocol layer, the second state indicates the terminal not to perform a function of the first protocol layer, and the first protocol layer comprises a service data adaptation protocol (SDAP) layer (the eNB 102 or gNB 108 provides the SDAP configuration information indicating whether the SDAP function should be “enable” or “disable;” “activate” or “diactivate;” and “true” or “false” to the UE, see figures 19-20 and ¶ 0139, 0141); and
communicating, by the terminal, with the first access network device based on the first configuration information (sending the SDAP-Config configuration information to the UE, see figure 19 and ¶ 0139).
Regarding claim 8, HORI discloses an apparatus, comprising: at least one processor; and one or more memories coupled to the at least one processor and storing programming instructions for execution by the at least one processor to perform operations comprising:
determining, by a first access network device (either eNB 102 or gNB 108, see figure 1), first configuration information, wherein the first access network device is connected to a first core network device (either eNB 102 or gNB 108 connected to EPC 104 or 5GC 110, see figure 1), the first core network device uses a first communication standard or a second communication standard (the first EPC uses LTE protocol, see ¶ 0002-0003, 0050), the first configuration information comprises status indication information of a first protocol layer of the second communication standard, the status indication information indicates a first state or a second state of the first protocol layer, the first state indicates a terminal to perform a function of the first protocol layer, the second state indicates the terminal not to perform a function of the first protocol layer, and the first protocol layer comprises a service data adaptation protocol (SDAP) layer (the eNB 102 or gNB 108 provides the SDAP configuration information indicating whether the SDAP function should be “enable” or “disable;” “activate” or “diactivate;” and “true” or “false” to the UE, see figures 19-20 and ¶ 0139, 0141); and
sending, by the first access network device, the first configuration information to the terminal (sending the SDAP-Config configuration information to the UE, see figure 19 and ¶ 0139).
Regarding claim 9, HORI discloses sending, by the first access network device (eNB 102 or gNB 108, see figure 1), a first message to a second access network device (eNB 102 or gNB 108, see figure 1), wherein the first message comprises information that indicates a communication standard used by the first core network device (the eNB 102 and gNB 108 communicate over the interface 120 using LTE protocol, see figure 1, ¶ 0054).
Regarding claim 10, HORI discloses sending, by the first access network device, the first message to the second access network device through a first interface that uses the second communication standard (the eNB 102 and gNB 108 communicate over the interface 120, where the gNB 108 is in communication with 5GC 110 (New Radio) over interface 116, see figure 1, ¶ 0054).
Regarding claim 11, HORI discloses the apparatus supports a second interface and a third interface (eNB 102 having a plurality of interfaces 112, 114, 120, see figure 1); and
the appratus is connected to the first core network device using the first communication standard through the second interface (the eNB is connected to EPC 104 through interface 112, see figure 1), wherein the second interface is defined in the first communication standard (the EPC 104 uses 4G LTE, see 1 and ¶ 0050); or
the appratus is connected to the first core network device using the second communication standard through the third interface, wherein the third interface is defined in the second communication standard (the eNB 102 or gNB 108 have multiple interfaces 112, 114, 120 for communication with multiple core networks, see figure 1).
Regarding claim 12, HORI discloses receiving, by the first access network device, a second message, wherein the second message comprises information that indicates a communication standard used by the first core network device (an interface 112 is an interface between the eNB 102 and the EPC 104, where there is a control plane (CP) through which control signals transfer and a user plane (UP) through which user data transfers, see ¶ 0052)
Regarding claim 13, HORI discloses receiving, by the first access network device, the second message from the first core network device; or receiving, by the first access network device, the second message from an operation and maintenance (OM) device (an interface 112 is an interface between the eNB 102 and the EPC 104, where there is a control plane (CP) through which control signals transfer and a user plane (UP) through which user data transfers, see ¶ 0052).
Regarding claim 14, HORI discloses wherein the status indication information indicates the first state of the first protocol layer when the first core network device uses the first communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 communicate to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled see figures 19-20 and ¶ 0157, 0159).
Regarding claim 15, HORI discloses the status indication information indicates the second state of the first protocol layer when the first core network device uses the second communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled SDAP-Config may include information indicating whether sdap-function, which is configuration information for an SDAP function, is to be enabled or disabled. The SDAP function may be an SDAP function including a function of managing the mapping between a QoS Flow Identifier (QFI) described in NPL 2 which is QoS information of the 5GC 110 and a DRB. Furthermore, the SDAP function may also be a function of including, in data transmitted by the UE 122 to either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108, the same information as the QoS information included in data transmitted by either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122, see ¶ 0157, 0159).
Regarding claim 16, HORI discloses the SDAP layer is specified in the first communication standard, and the SDAP layer is not specified in the second communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled …SDAP-Config may include information indicating whether sdap-function, which is configuration information for an SDAP function, is to be enabled or disabled. The SDAP function may be an SDAP function including a function of managing the mapping between a QoS Flow Identifier (QFI) described in NPL 2 which is QoS information of the 5GC 110 and a DRB. Furthermore, the SDAP function may also be a function of including, in data transmitted by the UE 122 to either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108, the same information as the QoS information included in data transmitted by either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122, see ¶ 0157, 0159).
Regarding claim 17, HORI discloses wherein the status indication information indicates the first state of the first protocol layer when the first core network device uses the first communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 communicate to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled see figures 19-20 and ¶ 0157, 0159).
Regarding claim 18, HORI discloses the status indication information indicates the second state of the first protocol layer when the first core network device uses the second communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled SDAP-Config may include information indicating whether sdap-function, which is configuration information for an SDAP function, is to be enabled or disabled. The SDAP function may be an SDAP function including a function of managing the mapping between a QoS Flow Identifier (QFI) described in NPL 2 which is QoS information of the 5GC 110 and a DRB. Furthermore, the SDAP function may also be a function of including, in data transmitted by the UE 122 to either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108, the same information as the QoS information included in data transmitted by either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122, see ¶ 0157, 0159).
Regarding claim 19, HORI discloses the SDAP layer is specified in the first communication standard, and the SDAP layer is not specified in the second communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled …SDAP-Config may include information indicating whether sdap-function, which is configuration information for an SDAP function, is to be enabled or disabled. The SDAP function may be an SDAP function including a function of managing the mapping between a QoS Flow Identifier (QFI) described in NPL 2 which is QoS information of the 5GC 110 and a DRB. Furthermore, the SDAP function may also be a function of including, in data transmitted by the UE 122 to either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108, the same information as the QoS information included in data transmitted by either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122, see ¶ 0157, 0159).
Regarding claim 20, HORI discloses the status indication information indicates the first state of the first protocol layer when the first core network device uses the first communication standard (either eNB 102 or gNB 108, or both eNB 102 and the gNB 108 communicate to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled see figures 19-20 and ¶ 0157, 0159);
the status indication information indicates the second state of the first protocol layer when the first core network device uses the second communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled SDAP-Config may include information indicating whether sdap-function, which is configuration information for an SDAP function, is to be enabled or disabled. The SDAP function may be an SDAP function including a function of managing the mapping between a QoS Flow Identifier (QFI) described in NPL 2 which is QoS information of the 5GC 110 and a DRB. Furthermore, the SDAP function may also be a function of including, in data transmitted by the UE 122 to either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108, the same information as the QoS information included in data transmitted by either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122, see ¶ 0157, 0159); and
the SDAP layer is specified in the first communication standard, and the SDAP layer is not specified in the second communication standard (either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122. Note that, as described in the present embodiment, in a case that the core network is the EPC 104, the SDAP function may be disabled …SDAP-Config may include information indicating whether sdap-function, which is configuration information for an SDAP function, is to be enabled or disabled. The SDAP function may be an SDAP function including a function of managing the mapping between a QoS Flow Identifier (QFI) described in NPL 2 which is QoS information of the 5GC 110 and a DRB. Furthermore, the SDAP function may also be a function of including, in data transmitted by the UE 122 to either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108, the same information as the QoS information included in data transmitted by either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 to the UE 122, see ¶ 0157, 0159)..
Response to Arguments
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. The claim with the amended subject matter is still within the scope of the cited reference based on the following interpretation. As shown in figure 1, HORI discloses a core network comprises of the combination of EPC 104 and 5GC 110 (hereinafter “core network”). The core network is connected to both eNB 102 and gNB 108 over interfaces 112, 114, 116, 118 (see ¶ 0054). Thus, the core network uses either EPC standard (first communication standard) or 5GC standard (second communication standard). Either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 may determine the DRB configuration based on information from the core network (either the EPC 104 or the 5GC 110, or both the EPC 104 and the 5GC 110), a capability of the UE 122, or the information from the core network and the capability of the UE 122 (see ¶ 0085)… Either the eNB 102 or the gNB 108, or both the eNB 102 and the gNB 108 generate an RRC connection reconfiguration request (RRCConnectionReconfiguration) message including the DRB configuration and transmit the message to the UE 122 (S602). The receiver 500 of the UE 122 receives the RRC connection reconfiguration request message including the DRB configuration and transfers the DRB configuration to the configuration unit 502 (see ¶ 0085). Therefore, HORI discloses the claimed subject matter the first access network (either eNB or gNB) determines status indication information… based on which communication standard is used by the first core network device (determines the communication will be either EPC 104 or 5GC 110).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob A. Phunkulh whose telephone number is (571) 272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M. to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-week).
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/BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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