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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-6, 8-14 and 16-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 9 and 16 recite that the PDU set is scheduled based on indication information of a data burst size included in a general packet radio service (GPRS) tunneling protocol-user plane (GTP-U) header received by the base station from a user plane function (UPF). This limitation is not disclosed in Applicant’s original Specification. Applicant’s original Specification discloses that a packet set configuration may include size of the packet set and that the size of allocated resources may be changed on a packet set basis in consideration of the QoS attribute of the packet set. However, this is not the same as the PDU set being scheduled based on a “data burst size.”
Additionally, Applicant’s Specification discloses that a QFI may be delivered through a header in the NG-U interface, and that the scheduling of a size of allocated resources may be performed on a packet set basis based on QoS attributes. However, this is not the same as scheduling being based on a size of the data, let alone a data “burst” size.
Claim(s) 2-6, 8, 10-14 and 17-19 are rejected because they depend from claims 1, 9 and 16.
Additionally, claims 2, 10 and 17 recite “the identification information includes an identifier of the PDU session and a QoS flow identifier (QFI).” However, the limitation “identifier of the PDU session” is not disclosed in Applicant’s original Specification. Applicant’s Specification discloses that QoS flow identifier (QFI) may be identified within a session and may correspond to (or be mapped to) a PDU session. However, those disclosures do not disclose that a PDU session, itself, is identified by an identifier.
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) 1-6, 8-14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rossbach et al. (US 2023/0269620) in view of Lou et al. (US 2025/0106291), and further in view of Liu (US 2022/0225351).
Regarding claim 1, Rossbach discloses a method of a terminal (Rossbach, paragraph [0003], UE base station), comprising:
receiving, from a base station, identification information for a quality of service (QoS) flow within a packet data unit (PDU) session (Rossbach, Fig. 8, step 802; paragraph [0006], different QFIs associated with different QoS flows; paragraph [0008] UE may be configured to map data segments to one or more QFIs; paragraph [0126], packets data convergence protocol service data units PDCP SDUs; paragraph [0134], map different QoS flows to different DRBs; paragraph [0135], QoS flow IDs (QFIs) may be used to identify QoS flows in the network; paragraph [0138], step 802 may be performed by a network entity, transmit a data segment corresponding to a QFI; paragraph [0139], network may link data segment corresponding to QoS flow such that traffic forwarding treatment corresponds to the QoS flow’s traffic pattern and QoS parameters, the mapping between QoS flows and data segments may be established by the network);
receiving, from the base station, first downlink control information (DCI) including first dynamic scheduling information for a transmission corresponding to the QoS flow (Rossbach, paragraph [0006], different QFIs associated with different QoS flows; paragraph [0133], data streams based on associated QoS parameters, use DGs for streams; paragraph [0134], map different QoS flows to the same or different DRBs; paragraph [0139], mapping between QoS flows and data segments is established by the network; paragraph [0163], dynamic grants (DG) could be enhanced such that a single DCI may be used to schedule multiple transport blocks with on DG); and
performing an initial transmission/reception operation for a PDU set with the base station based on the first dynamic scheduling information (Rossbach, Fig. 7; Fig. 8, step 804; paragraph [0126], ADUs or data bursts consist of multiple IP packets such as RTP packets mapped to packets data convergence protocol service data units PDCP SDUs; paragraph [0133], data streams based on associated QoS parameters, use DGs for streams; paragraph [0139], UE may transmit a first data segment according to a first QFI, QoS flows are mapped corresponding t5o data segments of data bursts; paragraph [0163], dynamic grants (DG) could be enhanced such that a single DCI may be used to schedule multiple transport blocks with on DG; PDU for each TB instance);
wherein the PDU set is scheduled based on indication information of a data burst size (Rossbach, Fig. 7; paragraph [0158], CG instances of a data burst correspond to the size of an ADU; paragraph [0159], grant size of a CG may be set based on the size of an ADU, pre-configuration signaled by MAC-CE or RRC such that a network could associate a grant size with QoS configuration; paragraph [0160], CG grant sizes are staggered) included in a user plane function (UPF) (Rossbach, paragraph [0124], RAN connected to a UPF; paragraph [0126], ADUs or data bursts consist of multiple IP packets such as RTP packets mapped to packets data convergence protocol service data units PDCP SDUs; paragraph [0146], cross-layer dependencies such as fields in the RTP header indicating importance of packets (such as slice information) to establish QoS rules for mapping between IP packets and QoS flows).
Rossbach does not explicitly disclose a general packet radio service (GPRS) tunneling protocol-user plane (GTP-U) header.
Luo discloses wherein the PDU set is scheduled based on indication information of a data burst size included in a general packet radio service (GPRS) tunneling protocol-user plane (GTP-U) header received by the base station from a user plane function (UPF) (Lou, Fig. 1, SMF-UPF-RAN; paragraph [0107], SMF provides the RAN node with the mapping relationship of QFI and packet characteristic information in the extended GTP-U header; paragraph [0113], RAN node receives the correlation of QoS flows from SMF, RAN node obtains ADU size contained in the extended GTP-U header and is able to identify packets of AFIs belonging to the same ADU).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to send indication information of a data burst size included in a general packet radio service (GPRS) tunneling protocol-user plane (GTP-U) header received by the base station from a user plane function (UPF), in the invention of Rossbach. The motivation to combine the references would have been to communicate that information to the RAN in accordance with well known methods in the art.
Although the claim limitations are disclosed by the references cited above, the Examiner includes the Liu reference in order to expedite prosecution.
Liu discloses a method of a terminal (Liu, paragraph [0004], mobile terminal; paragraph [0036], base stations, UE), comprising:
receiving, from a base station, identification information for a quality of service (QoS) flow within a packet data unit (PDU) session (Liu, paragraph [0039], for initial configuration at the mobile terminal for the service reliability procedure, mobile terminal may obtain relative information from the network for initialization of QoS features related to scheduling parameters such as data radio bearer (DRB), and configured grant (CG) or dynamic grant (DG) allocation for the mobile terminal; paragraph [0040], for initial configuration at the network for the service reliability procedure, network adds a new resource allocation configuration for a PDU session);
receiving, from the base station, first downlink control information (DCI) including first dynamic scheduling information for a transmission corresponding to the QoS flow (Liu, paragraph [0039], for initial configuration at the mobile terminal for the service reliability procedure, mobile terminal may obtain relative information from the network for initialization of QoS features related to scheduling parameters such as data radio bearer (DRB), and configured grant (CG) or dynamic grant (DG) allocation for the mobile terminal); and
performing an initial transmission/reception operation for a PDU set with the base station based on the first dynamic scheduling information (Liu, paragraph [0044], mobile terminal can use DG resource for use within the QoS requirement to perform a new transmission);
wherein the PDU set is scheduled based on indication information (Liu, paragraph [0044], mobile terminal can use CG resource to perform a PDCP retransmission).
Regarding claim 2, Rossbach in view of Liu discloses the method according to claim 1, wherein the identification information includes an identifier of the PDU session and a QoS flow identifier (QFI) (Rossbach, Fig. 8, step 802; paragraph [0006], different QFIs associated with different QoS flows; paragraph [0008] UE may be configured to map data segments to one or more QFIs; paragraph [0126], packets data convergence protocol service data units PDCP SDUs; paragraph [0134], map different QoS flows to different DRBs; paragraph [0135], QoS flow IDs (QFIs) may be used to identify QoS flows in the network; paragraph [0138], step 802 may be performed by a network entity, transmit a data segment corresponding to a QFI; paragraph [0139], network may link data segment corresponding to QoS flow such that traffic forwarding treatment corresponds to the QoS flow’s traffic pattern and QoS parameters, the mapping between QoS flows and data segments may be established by the network) (Lou, paragraph [0090], SMF sends packet detection rules including QFI and N4 session ID).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to include session ID information associated with QFIs, in the invention of Rossbach. The motivation to combine the references would have been to specify the correct session associated with QFIs in order that sessions were correctly scheduled.
Regarding claim 3, Rossbach in view of Liu discloses the method according to claim 1, further comprising: performing a re-transmission/reception operation for the PDU set with the base station based on first semi-static scheduling information configured by the base station (Rossbach, Fig. 8, step 806; paragraph [0140], UE may transmit a second data segment according to a second QFI, transmitted via a second configured grant (CG); paragraph [0133], data streams based on associated QoS parameters, use multiple CGs and SPS for streams) (Liu, paragraph [0040], setup candidate connections to meet the QoS requirement; paragraph [0043], duplication for the DRB and then determine whether the allocated CG resource is within the QoS requirement; paragraph [0044], mobile terminal can use CG resource to perform a PDCP retransmission, mobile terminal can also use a CG for use to perform a new transmission).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to performing a re-transmission/reception operation for the PDU set with the base station based on first semi-static scheduling information configured by the base station, in the invention of Rossbach. The motivation to combine the references would have been to reduce the amount of scheduling information needed for re-transmission/reception.
Regarding claim 4, Rossbach in view of Liu discloses the method according to claim 3, wherein when downlink communication is performed between the terminal and the base station, the first semi-static scheduling information indicates semi-persistent (SPS) resources, and when uplink communication is performed between the terminal and the base station, the first semi-static scheduling information indicates configured grant (CG) resources (Rossbach, paragraph [0133], XR services utilize multiple CGs and downlink SPS streams; paragraph [0140], SPS in downlink assignments)(Liu, paragraph [0011], CG PUSCH; paragraph [0043], determine whether a allocated CG resource is available for UL data packets, enhance downlink reliability by using SPS resource or allocate new SPS resource).
Regarding claim 5, Rossbach in view of Liu discloses the method according to claim 3, wherein the first DCI further includes validity time information of the first semi-static scheduling information, and the re-transmission/reception operation for the PDU set is performed within a valid time indicated by the validity time information (Rossbach, paragraph [0149], QoS setting for a period of time; paragraph [0154], trigger a period of time with higher reliability, temporary modification of reliability based on a timer) (paragraph [0051], timer associated with the QoS requirement for a duration of transmission and/or retransmission).
Regarding claim 6, Rossbach in view of Liu discloses the method according to claim 5, further comprising: when the valid time expires (Rossbach, paragraph [0149], QoS setting for a period of time; paragraph [0154], trigger a period of time with higher reliability, temporary modification of reliability based on a timer) (paragraph [0051], timer associated with the QoS requirement for a duration of transmission and/or retransmission), receiving, from the base station, second DCI including second dynamic scheduling information for a new PDU set (Rossbach, Fig. 8, step 804; paragraph [0139], UE may transmit a first data segment according to a first QFI; paragraph [0133], data streams based on associated QoS parameters, use DGs for streams; paragraph [0145], mapping of DRBs based on predefined times; paragraph [0163], dynamic grants (DG) could be enhanced such that a single DCI may be used to schedule multiple transport blocks with on DG) (Liu, paragraph [0044], mobile terminal can use DG resource for use within the QoS requirement to perform a new transmission).
Regarding claim 8, Rossbach in view of Liu discloses the method according to claim 1, wherein the PDU set includes a video packet, and the video packet is classified into first data and second data based on a classification condition, wherein the first data is mapped to a first data radio bearer (DRB) as an I-frame, and the second data is mapped to a second DRB as a P-frame (Rossbach, paragraph [0006], different QFIs associated with different QoS flows; paragraph [0008] UE may be configured to map data segments to one or more QFIs; paragraph [0126], packets data convergence protocol service data units PDCP SDUs; paragraph [0134], map different QoS flows to different DRBs; paragraph [0142], I-frames and P-frames in video mapped on per packet basis; paragraph [0145], mapping of QFIs to segments of DRBs to prioritize I-frame data over P-frames).
Regarding claim 9, Rossbach discloses a method of a base station (Rossbach, paragraph [0003], base station), comprising:
receiving a downlink packet corresponding to a packet data unit (PDU) set from a user plane function (UPF) (Rossbach, Fig. 7; paragraph [0124], RAN connected to a UPF; paragraph [0126], ADUs or data bursts consist of multiple IP packets such as RTP packets mapped to packets data convergence protocol service data units PDCP SDUs; paragraph [0146], cross-layer dependencies such as fields in the RTP header indicating importance of packets (such as slice information) to establish QoS rules for mapping between IP packets and QoS flows; paragraph [0158], CG instances of a data burst correspond to the size of an ADU; paragraph [0159], grant size of a CG may be set based on the size of an ADU, pre-configuration signaled by MAC-CE or RRC such that a network could associate a grant size with QoS configuration; paragraph [0160], CG grant sizes are staggered);
obtaining indication information of a data burst size of the downlink packet (Rossbach, Fig. 7; paragraph [0124], RAN connected to a UPF; paragraph [0126], ADUs or data bursts consist of multiple IP packets such as RTP packets mapped to packets data convergence protocol service data units PDCP SDUs; paragraph [0146], cross-layer dependencies such as fields in the RTP header indicating importance of packets (such as slice information) to establish QoS rules for mapping between IP packets and QoS flows; paragraph [0158], CG instances of a data burst correspond to the size of an ADU; paragraph [0159], grant size of a CG may be set based on the size of an ADU, pre-configuration signaled by MAC-CE or RRC such that a network could associate a grant size with QoS configuration; paragraph [0160], CG grant sizes are staggered);
transmitting, to a terminal, identification information for a quality of service (QoS) flow within a PDU session (Rossbach, Fig. 8, step 802; paragraph [0006], different QFIs associated with different QoS flows; paragraph [0008] UE may be configured to map data segments to one or more QFIs; paragraph [0126], packets data convergence protocol service data units PDCP SDUs; paragraph [0134], map different QoS flows to different DRBs; paragraph [0135], QoS flow IDs (QFIs) may be used to identify QoS flows in the network; paragraph [0138], step 802 may be performed by a network entity, transmit a data segment corresponding to a QFI; paragraph [0139], network may link data segment corresponding to QoS flow such that traffic forwarding treatment corresponds to the QoS flow’s traffic pattern and QoS parameters, the mapping between QoS flows and data segments may be established by the network);
transmitting, to the terminal, first downlink control information (DCI) including first dynamic scheduling information for a transmission corresponding to the QoS flow (Rossbach, paragraph [0006], different QFIs associated with different QoS flows; paragraph [0133], data streams based on associated QoS parameters, use DGs for streams; paragraph [0134], map different QoS flows to the same or different DRBs; paragraph [0139], mapping between QoS flows and data segments is established by the network; paragraph [0163], dynamic grants (DG) could be enhanced such that a single DCI may be used to schedule multiple transport blocks with on DG);
performing an initial transmission/reception operation for a PDU set with the base station based on the first dynamic scheduling information (Rossbach, Fig. 8, step 804; paragraph [0139], UE may transmit a first data segment according to a first QFI; paragraph [0133], data streams based on associated QoS parameters, use DGs for streams; paragraph [0163], dynamic grants (DG) could be enhanced such that a single DCI may be used to schedule multiple transport blocks with on DG); and
wherein the PDU set is scheduled based on the obtained indication information of the data burst size (Rossbach, Fig. 7; paragraph [0124], RAN connected to a UPF; paragraph [0126], ADUs or data bursts consist of multiple IP packets such as RTP packets mapped to packets data convergence protocol service data units PDCP SDUs; paragraph [0146], cross-layer dependencies such as fields in the RTP header indicating importance of packets (such as slice information) to establish QoS rules for mapping between IP packets and QoS flows; paragraph [0158], CG instances of a data burst correspond to the size of an ADU; paragraph [0159], grant size of a CG may be set based on the size of an ADU, pre-configuration signaled by MAC-CE or RRC such that a network could associate a grant size with QoS configuration; paragraph [0160], CG grant sizes are staggered).
Rossbach does not explicitly disclose a general packet radio service (GPRS) tunneling protocol-user plane (GTP-U) header.
Luo discloses wherein the PDU set is scheduled based on indication information of a data burst size included in a general packet radio service (GPRS) tunneling protocol-user plane (GTP-U) header received by the base station from a user plane function (UPF) (Lou, Fig. 1, SMF-UPF-RAN; paragraph [0107], SMF provides the RAN node with the mapping relationship of QFI and packet characteristic information in the extended GTP-U header; paragraph [0113], RAN node receives the correlation of QoS flows from SMF, RAN node obtains ADU size contained in the extended GTP-U header and is able to identify packets of AFIs belonging to the same ADU).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to send indication information of a data burst size included in a general packet radio service (GPRS) tunneling protocol-user plane (GTP-U) header received by the base station from a user plane function (UPF), in the invention of Rossbach. The motivation to combine the references would have been to communicate that information to the RAN in accordance with well known methods in the art.
Although the claim limitations are disclosed by the references cited above, the Examiner includes the Liu reference in order to expedite prosecution.
Liu discloses a method of a base station (Liu, paragraph [0004], mobile terminal; paragraph [0036], base stations, UE), comprising:
receiving a downlink packet corresponding to a packet data unit (PDU) set (Liu, paragraph [0039], for initial configuration at the mobile terminal for the service reliability procedure, mobile terminal may obtain relative information from the network for initialization of QoS features related to scheduling parameters such as data radio bearer (DRB), and configured grant (CG) or dynamic grant (DG) allocation for the mobile terminal; paragraph [0040], for initial configuration at the network for the service reliability procedure, network adds a new resource allocation configuration for a PDU session);
transmitting, to a terminal, identification information for a quality of service (QoS) flow within a PDU session (Liu, paragraph [0039], for initial configuration at the mobile terminal for the service reliability procedure, mobile terminal may obtain relative information from the network for initialization of QoS features related to scheduling parameters such as data radio bearer (DRB), and configured grant (CG) or dynamic grant (DG) allocation for the mobile terminal; paragraph [0040], for initial configuration at the network for the service reliability procedure, network adds a new resource allocation configuration for a PDU session);
transmitting, to the terminal, first downlink control information (DCI) including first dynamic scheduling information corresponding to for a transmission corresponding to the QoS flow (Liu, paragraph [0039], for initial configuration at the mobile terminal for the service reliability procedure, mobile terminal may obtain relative information from the network for initialization of QoS features related to scheduling parameters such as data radio bearer (DRB), and configured grant (CG) or dynamic grant (DG) allocation for the mobile terminal);
performing an initial transmission/reception operation for a PDU set with the base station based on the first dynamic scheduling information (Liu, paragraph [0044], mobile terminal can use DG resource for use within the QoS requirement to perform a new transmission); and
wherein the PDU set is scheduled based on the obtained indication information (Liu, paragraph [0044], mobile terminal can use CG resource to perform a PDCP retransmission).
Claims 10-14 are rejected under substantially the same rationale as claims 2-6, respectively.
Claims 16-19 are rejected under substantially the same rationale as claims 1-2 and 4-5, respectively.
Response to Arguments
Applicant's arguments filed January 12, 2026 have been fully considered but they are moot in view of the new grounds or rejection.
Additionally, Applicant asserts that the cited references do not disclose a “PDU set” and “burst size.” Firstly, Applicant’s original Specification does not disclose “burst size.” Additionally, Rossbach does disclose that scheduling may be based on a size relating to a set of packets, for example in (Rossbach, Fig. 7; paragraph [0158], CG instances of a data burst correspond to the size of an ADU; paragraph [0159], grant size of a CG may be set based on the size of an ADU, pre-configuration signaled by MAC-CE or RRC such that a network could associate a grant size with QoS configuration; paragraph [0160], CG grant sizes are staggered).
Applicant further asserts that the cited references do not disclose cross-layer optimization (even though that term is not recited in the claims). However, this is incorrect. Rossbach, for example, discloses utilizing cross-layer dependencies, in paragraph [0146], and cross-layer interactions, in paragraph [0159].
Conclusion
THIS ACTION IS MADE FINAL. 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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/ALAN L LINDENBAUM/ Examiner, Art Unit 2466
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419