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 .
Response to Arguments
Applicant’s arguments, see pages 11-14, filed 05/19/2026, with respect to the rejection(s) of claim(s) 1, 8, 9, 18, and 20 under Section 103 as allegedly being unpatentable over Garcia in view of Xin have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20220346095-A1 to Takahashi et a., from hereon Takahashi.
Applicant’s arguments, see pages 11-14, filed 05/19/2026, with respect to the rejection(s) of claim(s) 2.6, 10, and 19 under Section 103 as allegedly being unpatentable over Garcia in view of Xin, and further in view of Thyagaturu et al. (U.S. Patent Application Publication No. 2022/0232423) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20220346095-A1 to Takahashi et a., from hereon Takahashi.
Applicant’s arguments, see pages 11-14, filed 05/19/2026, with respect to the rejection(s) of claim(s) 7, and 15-17 under Section 103 as allegedly being unpatentable over Garcia in view of Xin, and further in view of Park et al. (U.S. Patent Application Publication No. 2023/0189013) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20220346095-A1 to Takahashi et a., from hereon Takahashi.
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)(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.
(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, 8,9, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) and or (a)(2) as being anticipated by US-20220346095-A1 to Takahashi et a., from hereon Takahashi.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Regarding claim 1 Takahashi teaches…an apparatus configured for wireless communications, comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to cause a second network entity to (Fig. 2 and Fig. 6 ): communicate between the second network entity and at least one of a first network entity or a user equipment (UE), at least one of (P.13 discloses the communication between second network entity and or terminal and another network entity): one or more first parameters based on measurements for a first user plane configured for exchanging information between the UE and the first network entity, wherein the first network entity is associated with a first radio access network (RAN) (P.13 discloses the communication of parameters between the terminal and radio access network… a control unit configured to determine a first parameter indicating a supported bandwidth combination set for a first RAT component of a band combination of a dual connectivity of the first RAT and the second RAT (EN-DC), a second parameter indicating a supported bandwidth combination set for a second RAT component of the EN-DC band combination, and a third parameter indicating a supported bandwidth combination set for an intra-band component of the first RAT and the second RAT, of the EN-DC band combination; and a transmission unit configured to transmit terminal capability information including the determined first, second, and third parameters to the base station apparatus ); or; and operate based on at least one of the one or more first parameters or the first RRC state of the UE in the first RAN (a first radio resource control (RRC) state of the UE in the first RAN (P.41 discloses the RRC communication and state p. 94 AND 95 where the parameters include RRC connection setup and reconfiguration message indicating the state of the UE…. In step S1, the base station apparatus 10 transmits, as a terminal capability transmission request, an RRC (Radio Resource Control) message “UECapabilityEnquiry” to the user apparatus 20. “UECapabilityEnquiry” is used by a network in order to obtain information related to radio access capability of the user apparatus 20. It is possible for the base station apparatus 10 to specify a type of radio access capability included in the information transmitted by the user apparatus 20 by using “UECapabilityEnquiry”. For example, the base station apparatus 10 may request, for transmission of radio access capability related to bandwidth combinations supported by the user apparatus 20. Further, the base station apparatus 10 may request for transmission of bandwidth combinations, supported by the user apparatus 20, for band combinations including bands included in a list of “requestedFreqBandList” that is transmitted to the user apparatus 20 ).
Regarding claim 8 Takahashi teaches…the apparatus of claim 1, Takahashi teaches…wherein the one or more processors are configured to cause the second network entity to transmit, to the first network entity, a carrier aggregation configuration (P. 89).
Regarding claim 9 Takahashi teaches…the apparatus of claim 1, wherein to communicate at least one of the one or more first parameters or the first RRC state, the one or more processors are configured to cause the second network entity to receive, from the UE or the first network entity, at least one of the one or more first parameters or the first RRC state via: the UE, or a core network (CN) of the first RAN and a CN of a second RAN(P.13 discloses the communication of parameters between the terminal and radio access network… a control unit configured to determine a first parameter indicating a supported bandwidth combination set for a first RAT component of a band combination of a dual connectivity of the first RAT and the second RAT (EN-DC), a second parameter indicating a supported bandwidth combination set for a second RAT component of the EN-DC band combination, and a third parameter indicating a supported bandwidth combination set for an intra-band component of the first RAT and the second RAT, of the EN-DC band combination; and a transmission unit configured to transmit terminal capability information including the determined first, second, and third parameters to the base station apparatus ).
Regarding claim 18 Takahashi teaches…an apparatus configured for wireless communications, comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to cause a user equipment (UE) to (Fig. 7 ): communicate between the UE and a first network entity, at least one of (P. ): one or more second parameters based on measurements for a second user plane configured for exchanging information between the apparatus and a second network entity (P.13 discloses… The terminal includes a reception unit configured to receive band information of a first radio access technology (RAT) and a second RAT band from a base station apparatus; a control unit configured to determine a first parameter indicating a supported bandwidth combination set for a first RAT component of a band combination of a dual connectivity of the first RAT and the second RAT (EN-DC), a second parameter indicating a supported bandwidth combination set for a second RAT component of the EN-DC band combination, and a third parameter indicating a supported bandwidth combination set for an intra-band component of the first RAT and the second RAT, ), wherein the second network entity is associated with a second radio access network (RAN);_or a second radio resource control (RRC) state of the apparatus in the second RAN; or communicate between the UE and the second network entity, at least one of: one or more first parameters based on measurements for a first user plane configured for exchanging information between the apparatus and the first network entity, wherein the first network entity is associated with a first RAN; or a first RRC state of the apparatus in the first RAN; and operate based on at least one of the one or more first parameters, the one or more second parameters, the first RRC state of the apparatus in the first RAN, or the second RRC state of the apparatus in the second RAN(P.41 discloses the RRC communication and state p. 94 AND 95 where the parameters include RRC connection setup and reconfiguration message indicating the state of the UE…. In step S1, the base station apparatus 10 transmits, as a terminal capability transmission request, an RRC (Radio Resource Control) message “UECapabilityEnquiry” to the user apparatus 20. “UECapabilityEnquiry” is used by a network in order to obtain information related to radio access capability of the user apparatus 20. It is possible for the base station apparatus 10 to specify a type of radio access capability included in the information transmitted by the user apparatus 20 by using “UECapabilityEnquiry”. For example, the base station apparatus 10 may request, for transmission of radio access capability related to bandwidth combinations supported by the user apparatus 20. Further, the base station apparatus 10 may request for transmission of bandwidth combinations, supported by the user apparatus 20, for band combinations including bands included in a list of “requestedFreqBandList” that is transmitted to the user apparatus 20 ).
Regarding claim 20 Takahashi teaches…a method for wireless communications by a second network entity (Abs ), comprising: communicating between the second network entity and at least one of a first network entity or a user equipment (UE), at least one of (P. ): one or more first parameters based on measurements for a first user plane configured for exchanging information between the UE and the first network entity, wherein the first network entity is associated with a first radio access network (RAN) (P.13 discloses the communication of parameters between the terminal and radio access network… a control unit configured to determine a first parameter indicating a supported bandwidth combination set for a first RAT component of a band combination of a dual connectivity of the first RAT and the second RAT (EN-DC), a second parameter indicating a supported bandwidth combination set for a second RAT component of the EN-DC band combination, and a third parameter indicating a supported bandwidth combination set for an intra-band component of the first RAT and the second RAT, of the EN-DC band combination; and a transmission unit configured to transmit terminal capability information including the determined first, second, and third parameters to the base station apparatus ); or a first radio resource control (RRC) state of the UE in the first RAN; and operating based on at least one of the one or more first parameters or the first RRC state of the UE in the first RAN(P.41 discloses the RRC communication and state p. 94 AND 95 where the parameters include RRC connection setup and reconfiguration message indicating the state of the UE…. In step S1, the base station apparatus 10 transmits, as a terminal capability transmission request, an RRC (Radio Resource Control) message “UECapabilityEnquiry” to the user apparatus 20. “UECapabilityEnquiry” is used by a network in order to obtain information related to radio access capability of the user apparatus 20. It is possible for the base station apparatus 10 to specify a type of radio access capability included in the information transmitted by the user apparatus 20 by using “UECapabilityEnquiry”. For example, the base station apparatus 10 may request, for transmission of radio access capability related to bandwidth combinations supported by the user apparatus 20. Further, the base station apparatus 10 may request for transmission of bandwidth combinations, supported by the user apparatus 20, for band combinations including bands included in a list of “requestedFreqBandList” that is transmitted to the user apparatus 20 ).
Claim(s) 2-6, 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US-20220346095-A1 to Takahashi et a., from hereon Takahashi in view of US-20220232423-A1 to Thyaguturu et al., from hereon Thyagaturu.
Regarding claim 2 Takahashi teaches…the apparatus of claim 1, but do not teach…wherein: the one or more processors are configured to cause the second network entity to transmit one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity, the second network entity is associated with a second RAN, and the one or more second parameters comprise at least one of: one or more uplink throughputs associated with one or more data radio bearers (DRBs) associated with the second user plane; one or more downlink throughputs associated with the one or more DRBs; one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delays associated with the one or more DRBs; or one or more packet loss rates associated with the one or more DRBs.
Thyagaturu teaches… wherein: the one or more processors are configured to cause the second network entity to transmit one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity, the second network entity is associated with a second RAN, and the one or more second parameters comprise at least one of: one or more uplink throughputs associated with one or more data radio bearers (DRBs) associated with the second user plane(P. 24 discloses… The SDAP sublayer performs mapping between QoS flows and a data radio bearers (DRBs) and marking QoS flow IDs (QFI) in both DL and UL packets. The PDCP sublayer performs transfers user plane or control plane data; maintains PDCP sequence numbers (SNs); header compression and decompression using the Robust Header Compression (ROHC) and/or Ethernet Header Compression (EHC) protocols; ciphering and deciphering; integrity protection and integrity verification; provides timer based SDU discard; routing for split bearers; duplication and duplicate discarding; reordering and in-order delivery; and/or out-of-order delivery); one or more downlink throughputs associated with the one or more DRBs; one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delays associated with the one or more DRBs; or one or more packet loss rates associated with the one or more DRBs.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi by incorporating the teachings of Thyagaturu because the method and device allow for various modes of computing over disaggregated radio access network infrastructure through dynamic data extraction and inserted back into the RAN devices (Thyagaturu, abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 3 Takahashi and Thyagaturu teach…the apparatus of claim 2, Thyagaturu teaches…wherein the one or more processors are configured to cause the second network entity to measure at least one of: the one or more uplink throughputs; the one or more downlink throughputs; the one or more uplink packet delays; the one or more downlink packet delays; or the one or more packet loss rates(P.61 and section under terminology; Note: provisioning measurement of the traffic flow includes the terms as identified and described on the reference under terminology that describes the terms as disclosed on claim 3).
Regarding claim 4 Takahashi teaches…the apparatus of claim 1, but does not teach…wherein: the one or more processors are configured to cause the second network entity to transmit one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity, the second network entity is associated with a second RAN, and the one or more second parameters comprise at least one of: one or more uplink throughput statistics for one or more uplink throughputs associated with one or more data radio bearers (DRBs) associated with the second user plane; one or more downlink throughput statistics for one or more downlink throughputs associated with the one or more DRBs; one or more uplink packet delay statistics for one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delay statistics for one or more downlink packet delays associated with the one or more DRBs; or one or more packet loss rate statistics for one or more packet loss rates associated with the one or more DRBs.
Thyagaturu teaches… wherein: the one or more processors are configured to cause the second network entity to transmit one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity, the second network entity is associated with a second RAN, and the one or more second parameters comprise at least one of: one or more uplink throughput statistics for one or more uplink throughputs associated with one or more data radio bearers (DRBs) associated with the second user plane; one or more downlink throughput statistics for one or more downlink throughputs associated with the one or more DRBs; one or more uplink packet delay statistics for one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delay statistics for one or more downlink packet delays associated with the one or more DRBs; or one or more packet loss rate statistics for one or more packet loss rates associated with the one or more DRBs(P.24 discloses the SDAP sublayer communication … one or more uplink throughput statistics for one or more uplink throughputs associated with one or more data radio bearers (DRBs) associated with the second user plane; one or more downlink throughput statistics for one or more downlink throughputs associated with the one or more DRBs; one or more uplink packet delay statistics for one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delay statistics for one or more downlink packet delays associated with the one or more DRBs; or one or more packet loss rate statistics for one or more packet loss rates associated with the one or more DRBs).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi by incorporating the teachings of Thyagaturu because the method and device allow for various modes of computing over disaggregated radio access network infrastructure through dynamic data extraction and inserted back into the RAN devices (Thyagaturu, abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 5 Takahashi teaches…the apparatus of claim 1, but does not teach…wherein: the one or more processors are configured to cause the second network entity to transmit one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity, the second network entity is associated with a second RAN, and the one or more second parameters comprise at least one of an available uplink capacity associated with one or more data radio bearers (DRBs) associated with the second user plane or an available downlink capacity associated with the one or more DRBs associated with the second user plane.
Thyagaturu teaches… wherein: the one or more processors are configured to cause the second network entity to transmit one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity, the second network entity is associated with a second RAN, and the one or more second parameters comprise at least one of an available uplink capacity associated with one or more data radio bearers (DRBs) associated with the second user plane or an available downlink capacity associated with the one or more DRBs associated with the second user plane(P.58 discloses the maintaining of the edge (access networ) deployed workloads, available resources, services validating application rules that include capacity monitoring…. keeping a record/log of on-boarded packages, and preparing the VIM 242 to handle the applications; selecting appropriate ECFs/workloads for app instantiation based on constraints (e.g., latency, data rate, bandwidth, and/or the like), available resources, and/or available services; and/or triggering app instantiation, relocation/migration, and termination).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi by incorporating the teachings of Thyagaturu because the method and device allow for various modes of computing over disaggregated radio access network infrastructure through dynamic data extraction and inserted back into the RAN devices (Thyagaturu, abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 6 Takahashi teaches…the apparatus of claim 1, but does not teach…wherein the one or more processors are configured to cause the second network entity to transmit, to the first network entity, at least one of the one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity or a second RRC state of the UE in a second RAN via: the UE, or a core network (CN) of the first RAN and a CN of the second RAN.
Thyagaturo teaches… wherein the one or more processors are configured to cause the second network entity to transmit, to the first network entity, at least one of the one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the second network entity or a second RRC state of the UE in a second RAN via: the UE, or a core network (CN) of the first RAN and a CN of the second RAN(P. 141)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi by incorporating the teachings of Thyagaturu because the method and device allow for various modes of computing over disaggregated radio access network infrastructure through dynamic data extraction and inserted back into the RAN devices (Thyagaturu, abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 10 Takahashi teaches…the apparatus of claim 9, but does not teach…wherein the one or more first parameters comprise at least one of: one or more uplink throughputs associated with one or more data radio bearers (DRBs) associated with the first user plane; one or more downlink throughputs associated with the one or more DRBs; one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delays associated with the one or more DRBs; one or more a-packet loss rates associated with the one or more DRBs; an available uplink capacity associated with the one or more DRBs; or an available downlink capacity associated with the one or more DRBs.
Thyagaturu teaches… wherein the one or more first parameters comprise at least one of: one or more uplink throughputs associated with one or more data radio bearers (DRBs) associated with the first user plane; one or more downlink throughputs associated with the one or more DRBs(P. 24 discloses… The SDAP sublayer performs mapping between QoS flows and a data radio bearers (DRBs) and marking QoS flow IDs (QFI) in both DL and UL packets. The PDCP sublayer performs transfers user plane or control plane data; maintains PDCP sequence numbers (SNs); header compression and decompression using the Robust Header Compression (ROHC) and/or Ethernet Header Compression (EHC) protocols; ciphering and deciphering; integrity protection and integrity verification; provides timer based SDU discard; routing for split bearers; duplication and duplicate discarding; reordering and in-order delivery; and/or out-of-order delivery); one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delays associated with the one or more DRBs; one or more a-packet loss rates associated with the one or more DRBs; an available uplink capacity associated with the one or more DRBs; or an available downlink capacity associated with the one or more DRBs.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi by incorporating the teachings of Thyagaturu because the method and device allow for various modes of computing over disaggregated radio access network infrastructure through dynamic data extraction and inserted back into the RAN devices (Thyagaturu, abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 19 Takahashi teaches…the apparatus of claim 18, but does not teach…wherein to communicate between the UE and the second network entity, the one or more processors are configured to cause the UE to, at least one of: transmit the one or more first parameters to the second network entity, the one or more first parameters comprising at least one of: one or more first uplink throughputs associated with one or more first data radio bearers (DRBs) associated with the first user plane; one or more first downlink throughputs associated with the one or more first DRBs; one or more first uplink packet delays associated with the one or more first DRBs; one or more first downlink packet delays associated with the one or more first DRBs; one or more first packet loss rates associated with the one or more first DRBs; an available first uplink capacity associated with the one or more first DRBs; or an available first downlink capacity associated with the one or more first DRBs; or transmit the one or more second parameters to the first network entity, the one or more second parameters comprising at least one of: one or more second uplink throughputs associated with one or more second DRBs associated with the second user plane; one or more second downlink throughputs associated with the one or more second DRBs; one or more second uplink packet delays associated with the one or more second DRBs; one or more second downlink packet delays associated with the one or more second DRBs; one or more second packet loss rates associated with the one or more second DRBs;a n available second uplink capacity associated with the one or more second DRBs; or an available second downlink capacity associated with the one or more second DRBs.
Thyagaturu teaches… wherein to communicate between the UE and the second network entity, the one or more processors are configured to cause the UE to, at least one of: transmit the one or more first parameters to the second network entity, the one or more first parameters comprising at least one of: one or more first uplink throughputs associated with one or more first data radio bearers (DRBs) associated with the first user plane; one or more first downlink throughputs associated with the one or more first DRBs; one or more first uplink packet delays associated with the one or more first DRBs; one or more first downlink packet delays associated with the one or more first DRBs; one or more first packet loss rates associated with the one or more first DRBs; an available first uplink capacity associated with the one or more first DRBs; or an available first downlink capacity associated with the one or more first DRBs; or transmit the one or more second parameters to the first network entity, the one or more second parameters comprising at least one of: one or more second uplink throughputs associated with one or more second DRBs associated with the second user plane; one or more second downlink throughputs associated with the one or more second DRBs; one or more second uplink packet delays associated with the one or more second DRBs; one or more second downlink packet delays associated with the one or more second DRBs; one or more second packet loss rates associated with the one or more second DRBs;a n available second uplink capacity associated with the one or more second DRBs; or an available second downlink capacity associated with the one or more second DRBs discloses… The SDAP sublayer performs mapping between QoS flows and a data radio bearers (DRBs) and marking QoS flow IDs (QFI) in both DL and UL packets. The PDCP sublayer performs transfers user plane or control plane data; maintains PDCP sequence numbers (SNs); header compression and decompression using the Robust Header Compression (ROHC) and/or Ethernet Header Compression (EHC) protocols; ciphering and deciphering; integrity protection and integrity verification; provides timer based SDU discard; routing for split bearers; duplication and duplicate discarding; reordering and in-order delivery; and/or out-of-order delivery); one or more downlink throughputs associated with the one or more DRBs; one or more uplink packet delays associated with the one or more DRBs; one or more downlink packet delays associated with the one or more DRBs; or one or more packet loss rates associated with the one or more DRBs.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi by incorporating the teachings of Thyagaturu because the method and device allow for various modes of computing over disaggregated radio access network infrastructure through dynamic data extraction and inserted back into the RAN devices (Thyagaturu, abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Claim(s) 7, 15, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US-20220346095-A1 to Takahashi et a., from hereon Takahashi in view of US-20230189013-A1 to Park et al., from hereon Park.
Regarding claim 7 Takahashi teaches…the apparatus of claim 1, but does not teach…wherein the one or more processors are configured to cause the second network entity to transmit, to the first network entity, a request for an activation or a deactivation of packet duplication over: the first user plane of packets exchanged over a second user plane configured for exchanging information between the UE and the second network entity; or the second user plane of packets exchanged over the first user plane.
Park teaches… wherein the one or more processors are configured to cause the second network entity to transmit, to the first network entity, a request for an activation or a deactivation of packet duplication over: the first user plane of packets exchanged over a second user plane configured for exchanging information between the UE and the second network entity; or the second user plane of packets exchanged over the first user plane(P.353 discloses transmitting to the network entity activation message of packet duplication… ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi incorporating the teachings of Park because the method and device allow for various modes of configuration the configuration parameters for a first and second sessions and for the duplication of packets (Park, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 15 Takahashi teaches…the apparatus of claim 1, but does not teach…wherein: to operate based on the one or more first parameters or the first RRC state of the UE in the first RAN, the one or more processors are configured to cause the second network entity to activate or deactivate packet duplication over: a second user plane of packets exchanged over the first user plane; or the first user plane of packets exchanged over the second user plane, and the second user plane is configured for exchanging information between the UE and the second network entity.
Park teaches… wherein: to operate based on the one or more first parameters or the first RRC state of the UE in the first RAN, the one or more processors are configured to cause the second network entity to activate or deactivate packet duplication over: a second user plane of packets exchanged over the first user plane; or the first user plane of packets exchanged over the second user plane, and the second user plane is configured for exchanging information between the UE and the second network entity (P.353 discloses transmitting to the network entity activation message of packet duplication… ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi incorporating the teachings of Park because the method and device allow for various modes of configuration the configuration parameters for a first and second sessions and for the duplication of packets (Park, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 16 Takahashi teaches…the apparatus of claim 1, but does not teach…wherein: the one or more processors are configured to cause the second network entity to receive, from the first network entity, a request for an activation or a deactivation of packet duplication over: a second user plane of packets exchanged over the first user plane; or the first user plane of packets exchanged over the second user plane, and the second user plane is configured for exchanging information between the UE and the second network entity.
Park teaches… wherein: the one or more processors are configured to cause the second network entity to receive, from the first network entity, a request for an activation or a deactivation of packet duplication over: a second user plane of packets exchanged over the first user plane; or the first user plane of packets exchanged over the second user plane, and the second user plane is configured for exchanging information between the UE and the second network entity (P.353 discloses transmitting to the network entity activation deactivation message of packet duplication… ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi incorporating the teachings of Park because the method and device allow for various modes of configuration the configuration parameters for a first and second sessions and for the duplication of packets (Park, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 17 Takahashi teaches…the apparatus of claim 1, but does not teach…wherein the one or more processors are configured to cause the second network entity to: receive, from the first network entity, a carrier aggregation configuration; and based on the carrier aggregation configuration, estimate at least one of: an uplink throughput statistic for the first user plane; a downlink throughput statistic for the first user plane; an achievable uplink throughput statistic for first user plane; or an achievable downlink throughput statistic for the first user plane.
Park teaches… wherein the one or more processors are configured to cause the second network entity to: receive, from the first network entity, a carrier aggregation configuration; and based on the carrier aggregation configuration, estimate at least one of: an uplink throughput statistic for the first user plane; a downlink throughput statistic for the first user plane; an achievable uplink throughput statistic for first user plane; or an achievable downlink throughput statistic for the first user plane (P.353 discloses transmitting to the network entity activation deactivation message of packet duplication; P. 9 discloses the measurements and statistics).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Takahashi incorporating the teachings of Park because the method and device allow for various modes of configuration the configuration parameters for a first and second sessions and for the duplication of packets (Park, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: the main reason for objection of the claims under discussion is the inclusion of “wherein to operate based on the one or more first parameters or the first RRC state of the UE in the first RAN, the one or more processors are configured to cause the second network entity to: transmit, to the UE, an indication to offload traffic associated with one or more data radio bearers (DRBs) associated with a second user plane to the first user plane, wherein the second user plane is configured for exchanging information between the UE and the second network entity”, “wherein: to communicate at least one of the one or more first parameters or the first RRC state, the one or more processors are configured to cause the second network entity to receive, from the UE or the first network entity, the one or more first parameters; and the one or more processors are configured to cause the second network entity to: determine one or more second parameters for a second user plane configured for exchanging information between the UE and the second network entity; and determine to offload the traffic based on at least one of: the one or more second parameters, the one or more first parameters, a first percentage of UE traffic configured to exchange over the first user plane; a second percentage of UE traffic configured to exchange over the second user plane; or a maximum amount of UE traffic that can be exchanged over the second user plane”, “to operate based on the first RRC state of the UE in the first RAN, the one or more processors are configured to cause the second network entity to+ transmit, to multiple UEs including the UE, an indication to offload traffic, for the multiple UEs, associated with one or more data radio bearers (DRBs) associated with a second user plane to the first user planet and the second user plane is configured for exchanging information between the UE and the second network entity”, and “to operate based on the first RRC state of the UE in the first RAN, the one or more processors are configured to cause the apparatus to: determine that the UE is unable to communicate in a serving cell of a second RAN; and transmit, to the UE, an indication to offload traffic associated with one or more data radio bearers (DRBs) associated with a second user plane to the first user plane, and the second user plane is configured for exchanging information between the UE and the second network entity. ” as the prior art of record in stand-alone form nor in combination read into the disclosed claims as supported by the specification. Furthermore, the nearest prior art such as US20220124566A1 to Wellentin, P. K. Taksande, P. Jha and A. Karandikar, "Dual Connectivity Support in 5G Networks: An SDN based approach," 2019 IEEE Wireless Communications and Networking Conference (WCNC), Marrakesh, Morocco, 2019, pp. 1-6, doi: 10.1109/WCNC.2019, P. Kiri Taksande, P. Jha, A. Karandikar and P. Chaporkar, "Open5G: A Software-Defined Networking Protocol for 5G Multi-RAT Wireless Networks," 2020 IEEE Wireless Communications and Networking Conference Workshops (WCNCW), Seoul, Korea (South), 2020, US-20250175834-A1 to Bin, and US-20260046960-A1 to Wang discus the concepts of dual user plane protocols also known as dual steer but are silent on offloading based on various parameters through a distributed architecture or a split plane architecture to increase network reachability..
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO from PTO-892: US20220124566A1 to Wellentin, P. K. Taksande, P. Jha and A. Karandikar, "Dual Connectivity Support in 5G Networks: An SDN based approach," 2019 IEEE Wireless Communications and Networking Conference (WCNC), Marrakesh, Morocco, 2019, pp. 1-6, doi: 10.1109/WCNC.2019, P. Kiri Taksande, P. Jha, A. Karandikar and P. Chaporkar, "Open5G: A Software-Defined Networking Protocol for 5G Multi-RAT Wireless Networks," 2020 IEEE Wireless Communications and Networking Conference Workshops (WCNCW), Seoul, Korea (South), 2020, US-20250175834-A1 to Bin, and US-20260046960-A1 to Wang.
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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/L.S./Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
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