DETAILED ACTION
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 .
Claims 1, 3-9, 13-14, and 16-20 remain pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-9, 13-14, and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In reference to claim 1
Claim 1 recites the limitation "the second terminal" in line 20. There is insufficient antecedent basis for this limitation in the claim.
In reference to claim 14
Claim 14 recites the limitation "the second terminal" in line 21. There is insufficient antecedent basis for this limitation in the claim.
In reference to claims 3-9, 13, and 16-20
Claims 3-9, 13, and 16-20 are rejected because they depend on a rejected parent claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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, 3, 6-9, 14, 16, and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 2023/0074899).
- In reference to claim 1
Wang et al. teaches a path switching method (Fig. 5, par. 0066-0067), wherein the method is performed by a first terminal (e.g. UE 1 Fig. 5, par. 0066-0067) and comprises: performing switching between at least two paths (e.g. first path comprising UE1 to Relay to Base station and second path comprising UE1 to Base station; Fig. 5, par. 0066-0067) when a first condition is met, wherein the first condition comprises at least one of the following:
a path switching indication (e.g. path switching configuration information including path switching instruction, par. 0066) sent by a network side device (e.g. Base station; Fig. 5, par. 0066-0067) is received, wherein the path switching indication is used to instruct the first terminal to switch between the at least two paths (Fig. 5, par. 0066-0067);
a path switching request is sent to the network side device wherein the path switching request is used to request the network side device to switch the first terminal between the at least two paths;
a prescribed signal is detected, wherein the prescribed signal is a signal corresponding to a target path, and the target path is one of the at least two paths;
a signal detection result corresponding to the prescribed signal is reported; and the signal detection result meets a predefined condition;
wherein the at least two paths comprise at least one of the following: a path (e.g. first path comprising UE1 to Relay to Base station; Fig. 5, par. 0066-0067) used by a second terminal (e.g. Relay; Fig. 5, par. 0066-0067) to deputize for the first terminal to perform uplink transmission; or a path used by the first terminal to deputize for the second terminal to perform uplink transmission.
- In reference to claim 3
(Examiner note: the path switching request is not required by the claim) The method according to claim 1, wherein the path switching request comprises at least one of the following: an identifier of a second terminal; an identifier of a target bearer corresponding to the target path; an identifier of a target network corresponding to the target path; a target link on which path switching is initiated; the target path; a reason for initiating path switching; a transmission manner of the path switching request; and first indication information used to indicate whether reporting of the path switching request is authorized by the network side device, wherein the reason for initiating path switching comprises at least one of the following: a human body radiation limitation; a terminal power consumption limitation; a network coverage limitation; and a network throughput limitation.
In reference to claim 6
(Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. a prescribed signal is detected) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) The method according to claim 1, wherein the performing switching between at least two paths comprises: determining the target path based on whether the first terminal and the second terminal are in different cells; and switching to the target path.
In reference to claim 7
(Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) 7. The method according to claim 6, wherein in a case that the target path is the path used by the second terminal to deputize for the first terminal to perform uplink transmission, the performing switching between at least two paths comprises: in a case that a first uplink channel corresponding to the first terminal meets a second condition, delegating the first uplink channel corresponding to the first terminal to the second terminal.
- In reference to claim 8
(Examiner note: the following language is not required by the claim) 8. The method according to claim 7, wherein before the delegating the first uplink channel corresponding to the first terminal to the second terminal, the method further comprises: sending first information to the network side device, wherein the first information comprises the second condition used to delegate the first uplink channel corresponding to the first terminal to the second terminal; and/or, wherein the second condition comprises at least the following: a quantity of transmit bits is greater than a first predetermined value; a power headroom report PHR is less than a second predetermined value; information corresponding to a specific bearer is sent; information corresponding to a specific logical channel is sent; and uplink control information UCI is carried.
- In reference to claim 9
(Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) The method according to claim 7, wherein in a case that the first uplink channel corresponding to the first terminal is delegated to the second terminal, a value of a specified parameter corresponding to the first uplink channel is increased by a third predetermined value compared with sending by the first terminal, and the specified parameter is a minimum value in K1 and K2.
- In reference to claim 14
Wang et al. teaches a path switching method (Fig. 5, par. 0066-0067), wherein the method is performed by a network side device (e.g. Base station; Fig. 5, par. 0066-0067) and comprises: configuring and/or activating a target path paths (e.g. path between UE1 and Base station; Fig. 5, par. 0066-0067) in a case that a first condition is met, wherein the first condition comprises any one of the following:
a path switching indication (e.g. path switching configuration information including path switching instruction, par. 0066) is sent to a first terminal (e.g. UE 1 Fig. 5, par. 0066-0067), wherein the path switching indication is used to instruct the first terminal to switch between at least two paths (e.g. first path comprising UE1 to Relay to Base station and second path comprising UE1 to Base station; Fig. 5, par. 0066-0067);
a path switching request sent by the first terminal is received, wherein the path switching request is used to request the network side device to switch the first terminal between the at least two paths;
and a signal detection result reported by the first terminal is received, wherein the signal detection result is used to indicate a transmission parameter corresponding to the target path, wherein the target path is one of the at least two paths, and the target path is a path corresponding to the path switching indication, the path switching request, or the signal detection result (Fig. 5, par. 0066-0067);
wherein the at least two paths comprise at least one of the following: a path(e.g. first path comprising UE1 to Relay to Base station; Fig. 5, par. 0066-0067) used by a second terminal (e.g. Relay; Fig. 5, par. 0066-0067) to deputize for the first terminal to perform uplink transmission; or a path used by the first terminal to deputize for the second terminal to perform uplink transmission.
- In reference to claim 16
Wang et al. teaches teach wherein the path switching request comprises at least one of the following: an identifier of a second terminal; an identifier of a target bearer corresponding to the target path; an identifier of a target network corresponding to the target path; a target link on which path switching is initiated; a reason for initiating path switching; a transmission manner of the path switching request; and first indication information used to indicate whether reporting of the path switching request is authorized by the network side device; and/or, wherein the configuring and/or activating a target path comprises at least one of the following: associating the first terminal with a second terminal, and transmitting association information between network nodes corresponding to the first terminal and the second terminal; identifying a target bearer, wherein the target bearer is a bearer corresponding to the target path (e.g. bearer between UE1 and Base station; par. 0066); and configuring same third information for the associated first terminal and the second terminal, wherein the third information comprises bearer information and/or a radio network temporary identifier RNTI.
- In reference to claim 19
Wang et al. teaches a first terminal (e.g. UE 1 Fig. 5, par. 0066-0067), comprising a processor (e.g. processor 510; Fig. 12, par. 0226-0236), a memory (e.g. storage unit 510; Fig. 12, par. 0226-0236), and a program (e.g. computer program; Fig. 12, par. 0226-0236) or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform switching between at least two paths (e.g. first path comprising UE1 to Relay to Base station and second path comprising UE1 to Base station; Fig. 5, par. 0066-0067) when a first condition is met, wherein the first condition comprises at least one of the following:
a path switching indication (e.g. path switching configuration information including path switching instruction, par. 0066) sent by a network side device (e.g. Base station; Fig. 5, par. 0066-0067) is received, wherein the path switching indication is used to instruct the first terminal to switch between the at least two paths (Fig. 5, par. 0066-0067);
a path switching request is sent to the network side device wherein the path switching request is used to request the network side device to switch the first terminal between the at least two paths;
a prescribed signal is detected, wherein the prescribed signal is a signal corresponding to a target path, and the target path is one of the at least two paths;
a signal detection result corresponding to the prescribed signal is reported; and the signal detection result meets a predefined condition;
wherein the at least two paths comprise at least one of the following: a path (e.g. first path comprising UE1 to Relay to Base station; Fig. 5, par. 0066-0067) used by a second terminal (e.g. Relay; Fig. 5, par. 0066-0067) to deputize for the first terminal to perform uplink transmission; or a path used by the first terminal to deputize for the second terminal to perform uplink transmission.
In reference to claim 20
Wang et al. teaches a network side device (e.g. Base station; Fig. 5, par. 0066-0067) comprising a processor (e.g. processor 510; Fig. 12, par. 0226-0236), a memory (e.g. storage unit 510; Fig. 12, par. 0226-0236), and a program (e.g. computer program; Fig. 12, par. 0226-0236) or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to implement the steps of the path switching method according to claim 14.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0074899) in view of Liang et al. (US 2015/0289304).
- In reference to claim 4
Wang et al. teaches a system and method that covers substantially all limitations of the parent claim. Wang et al. teaches a switching process of performing switching between the at least two paths and an information reporting process associated with the switching process. (Fig. 5, par. 0066-0067)
Wang et al. does not that they are authorized by a user and/or authorized by a network.
Liang et al. teaches authorizing by a network. (Fig. 6 par. 0122-0129)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wang et al. to include authorizing by a user and/or authorizing by a network as suggested by Liang et al. because it would allow processed to be judged against a network policy before being implemented.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0074899) in view of LI et al. (US 2022/0322202).
In reference to claim 5
Wang et al. teaches a system and method that covers substantially all limitations of the parent claim.
Wang et al. does not teach sending an identifier of the second terminal and/or a target network identifier to the network side device.
LI et al. further teaches sending an identifier of a second terminal (e.g. IP address of UE 302; par. 0287) and/or a target network identifier to the network side device.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wang et al. to include sending an identifier of a second terminal and/or a target network identifier to the network side device as suggested by LI et al. because it would allow the network side device to be notified of the identifier of the second terminal.
Claim(s) 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0074899) in view of Kim et al. (US 2017/0079081).
- In reference to claim 13
Wang et al. teaches a system and method that covers substantially all limitations of the parent claim
Wang et al. does not teach sending second information to the network side device, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal; a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path; or, wherein the method further comprises: receiving measurement configuration information sent by the network side device, wherein the measurement configuration comprises network identifier information and/or a second measurement quantity; and reporting a measurement result, wherein the measurement result is obtained through measurement based on the measurement configuration information, and the path switching indication is determined by the network side device based on the measurement result, wherein the reporting a measurement result comprises at least one of the following: reporting the measurement result through UCI on a layer 1; reporting the measurement result through a Medium Access Control control element MAC CE on a layer 2; reporting the measurement result through radio resource control RRC on a layer 3; and reporting the measurement result through a non-access stratum NAS message.
Kim et al. further teaches sending second information (e.g. sending information to a network side device comprising ProSe Function Unit and ProSe MGW; par., 0194-0204) to the network side device, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal (e.g. association relationship between UE#1 and UE#2; par. 0194-0204); a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path; or, wherein the method further comprises: receiving measurement configuration information sent by the network side device, wherein the measurement configuration comprises network identifier information and/or a second measurement quantity; and reporting a measurement result, wherein the measurement result is obtained through measurement based on the measurement configuration information, and the path switching indication is determined by the network side device based on the measurement result, wherein the reporting a measurement result comprises at least one of the following: reporting the measurement result through UCI on a layer 1; reporting the measurement result through a Medium Access Control control element MAC CE on a layer 2; reporting the measurement result through radio resource control RRC on a layer 3; and reporting the measurement result through a non-access stratum NAS message.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wang et al. to include sending second information to the network side device, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal as suggested by Kim et al. because it would allow the network side device to identify the relation between the first terminal and the second terminal which is performing communications with the first terminal.
- In reference to claim 17
Wang et al. teaches a system and method that covers substantially all limitations of the parent claim.
Wang et al. does not teach after the configuring and/or activating a target path, the method further comprises: sending second indication information to the first terminal, wherein the second indication information is used to indicate a receiving manner and/or a sending manner of transmitted data to the first terminal; or wherein before the receiving a path switching request or a signal detection result sent by the first terminal, the method further comprises: receiving an identifier of a second terminal and/or an identifier of a target network that are/is sent by the first terminal; or wherein before the sending a path switching indication to a first terminal, the method further comprises: receiving second information sent by the first terminal, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal; a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path.
Kim et al. further teaches receiving second information sent by the first terminal (e.g. receiving second information in a path switching request message sent by a UE; par. 0193-0289), wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal (e.g. association relationship between UE#1 and counterpart UE#2; par. 0194-0204); a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wang et al. to include before the sending a path switching indication to a first terminal include first receiving second information sent by the first terminal, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal as suggested by Kim et al. because it would allow a network side device to be notified of an association relationship between a first terminal and a second terminal to be utilized in network management and coordination of path switching.
Claim(s) 14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 2022/0322202) in view of Wang et al. (US 2023/0074899).
- In reference to claim 14
LI et al. teaches a path switching method (Fig. 29, par. 0298-0302), wherein the method is performed by a network side device (e.g. combination of RAN 1 Node 303, AMF1 305, SMF1 307, UPF1 309, PFC/UDM 311, SCS/AS312, Fig. 29 par. 0298-0302) and comprises: configuring and/or activating a target path (e.g. 5GC Path, Fig. 29 par. 0298-0302) in a case that a first condition is met, wherein the first condition comprises any one of the following:
a path switching indication is sent to a first terminal, wherein the path switching indication is used to instruct the first terminal to switch between at least two paths;
a path switching request (e.g. Switch Request 342; Fig. 29, par. 300) sent by the first terminal (e.g. UE1 302; Fig. 29, par. 300) is received, wherein the path switching request is used to request the network side device to switch the first terminal between the at least two paths (e.g. switching from PC5 path to 5GC Path; Fig. 29, par. 0298-0302);
and a signal detection result reported by the first terminal is received, wherein the signal detection result is used to indicate a transmission parameter corresponding to the target path, wherein the target path is one of the at least two paths, and the target path is a path corresponding to the path switching indication, the path switching request, or the signal detection result.
Li et al. does not teach wherein the at least two paths comprise at least one of the following: a path used by a second terminal to deputize for the first terminal to perform uplink transmission; or a path used by the first terminal to deputize for the second terminal to perform uplink transmission.
Wang et al. teaches a path (e.g. first path comprising UE1 to Relay to Base station; Fig. 5, par. 0066-0067) used by a second terminal (e.g. Relay; Fig. 5, par. 0066-0067) to deputize for the first terminal to perform uplink 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 modify the method of Li et al. to include a path used by a second terminal to deputize for the first terminal to perform uplink transmission as suggested by Wang et al. because it would allow a first terminal to communicate with a network side device via a second terminal.
In reference to claim 18
(Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. sending a path switching indication to a first terminal) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) 18. The method according to claim 14, wherein before the sending a path switching indication to a first terminal, the method further comprises: receiving first information, wherein the first information comprises a second condition used to delegate a first uplink channel corresponding to the first terminal to a second terminal, wherein the second condition comprises at least one of the following: a quantity of transmit bits is greater than a first predetermined value; a power headroom report PHR is less than a second predetermined value; information corresponding to a specific bearer is sent; information corresponding to a specific logical channel is sent; and uplink control information UCI is carried.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 2022/0322202) in view of Wang et al. (US 2023/0074899), as applied to the parent claim, and further in view of Li et al. (US 2018/0098251).
- In reference to claim 20
The combination of LI et al. and Wang et al. teach a network side device (e.g. combination of RAN 1 Node 303, AMF1 305, SMF1 307, UPF1 309, PFC/UDM 311, SCS/AS312, Fig. 29 par. 0298-0302), configured to implement of the steps of the path switching method according to claim 14.
The combination of LI et al. and Wang et al. teach does not teach the network side device comprising a processor, a memory, and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform the method.
Li et al. teaches a device (e.g. network node 1000; Fig. par. 0125) comprising a processor (e.g. processor 1010; Fig. 9 par. 0125-0126), a memory (e.g. memory 1020; Fig. 9 par. 0125-0126), and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform a method.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the network side device of the combination of LI et al. and Wang et al. to include a processor, a memory, and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform the method as suggested Li et al. because it would allow the network side device to store instructions programmed by an operator to cause the processor of the network side device to implement the method for path switching.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN S ROBERTS whose telephone number is (571)272-3095. The examiner can normally be reached M to F, 9am to 5pm.
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BRIAN S. ROBERTS
Primary Examiner
Art Unit 2466
/BRIAN S ROBERTS/Primary Examiner, Art Unit 2466
Prosecution Insights