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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/18/2024 and 04/18/2025: the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1, 8, 9, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US-20250280295-A1 to Garcia et al., from hereon Garcia in view of US-20210014739-A1 to Xin et al., from hereon Xin.
Regarding claim 1 Garcia teaches..an apparatus configured for wireless communications (Abs discloses the apparatus for verifying information sent to a second device), comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to cause the apparatus to (Abs discloses the apparatus with processing and storage components to transmit and receive messages based on processing and verification; CLM 1 also discloses the apparatus components): communicate between the apparatus and at least one of a first network entity or a user equipment (UE), at least one of (P.829 discloses the apparatus and method to securely communicate from an UE to a 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 (P.874 discloses… a node engaging in a procedural dialogue with a peer (e.g., a UE connecting to an access device, a UE authenticating with the core network, a UE authenticating with an AF, etc) may measure additional parameters, e.g., [0875] some physical layer parameters of each transmitted signal from the peer received by the node ) , wherein the first network entity is associated with a first radio access network (RAN) (P. 893 discloses the first network entity associated with a first radio access network… CN may require the RAN to obtain a fingerprint of the UE with which it is engaging in an authentication procedure. For example, if the UE has been configured with a 2-factor authentication policy involving location, the CN can instruct/pre-configure the RAN to determine the location of the UE (e.g., by means of a positioning method or by means of wireless sensing) and said location (e.g., obtained by the LMF) is sent to an authentication function (e.g., AUSF) that will take into account both the result of the authentication procedure (first factor) and the measured location (second factor) to determine the outcome of the authentication procedure); but does not teach…one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the apparatus, wherein the apparatus is associated with a second RAN; a first radio resource control (RRC) state of the UE in the first RAN; or a second RRC state of the UE in the second 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 UE in the first RAN, or the second RRC state of the UE in the second RAN.
Xin teaches… one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the apparatus, wherein the apparatus is associated with a second RAN; a first radio resource control (RRC) state of the UE in the first RAN; or a second RRC state of the UE in the second RAN (P.109 discloses… the network element configured to provide the network data for the first network element may be one or more of a user plane network element and a control plane network element in the core network); 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 UE in the first RAN, or the second RRC state of the UE in the second RAN (P.15 discloses… first data obtained from the third network element further includes one or more of the following information: the identifier of the service to which the service flow belongs, a communication pattern parameter of the service to which the service flow belongs, flow bit rate data of a first interface, latency data of the first interface, packet loss rate data of the first interface, packet data of the first interface, a timestamp, experience data of the service to which the service flow belongs, jitter buffer data, transmission control protocol TCP congestion window data, TCP receive window data, media encoding type data, encoding rate data of the media encoding type data, and buffer data, where the first interface is an interface between a user plane function).
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 Garcia by incorporating the teachings of Xin because the method and device allow for various modes of configuration providing service data network information identifying parameters for the various network devices including user equipment devices (Xin, 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 8 Garcia and Xin teach the apparatus of claim 1, Xin teaches…wherein the one or more processors are configured to cause the apparatus to transmit, to the first network entity, a carrier aggregation configuration (P.25 discloses sending configuration of dual connectivity also known in the art as carrier aggregation ).
Regarding claim 9 Garcia and Xin teach the apparatus of claim 1, Garcia teaches..wherein to communicate at least one of the one or more first parameters, the one or more second parameters, the first RRC state, or the second RRC state, the one or more processors are configured to cause the apparatus 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 the second RAN (P.829 discloses the communication between the UE to the core network via RRC per UE )..
Regarding claim 18 Garcia teaches...an apparatus configured for wireless communications, comprising(Abs discloses the apparatus for verifying information sent to a second device): one or more memories; and one or more processors, coupled to the one or more memories, configured to cause the apparatus to(Abs discloses the apparatus with processing and storage components to transmit and receive messages based on processing and verification; CLM 1 also discloses the apparatus components): communicate between the apparatus and at least one of a first network entity or a second network entity, at least one of(P.829 discloses the apparatus and method to securely communicate from an UE to a network entity ): 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(P.874 discloses… a node engaging in a procedural dialogue with a peer (e.g., a UE connecting to an access device, a UE authenticating with the core network, a UE authenticating with an AF, etc) may measure additional parameters, e.g., [0875] some physical layer parameters of each transmitted signal from the peer received by the node ), wherein the first network entity is associated with a first radio access network (RAN) (P. 893 discloses the first network entity associated with a first radio access network… CN may require the RAN to obtain a fingerprint of the UE with which it is engaging in an authentication procedure. For example, if the UE has been configured with a 2-factor authentication policy involving location, the CN can instruct/pre-configure the RAN to determine the location of the UE (e.g., by means of a positioning method or by means of wireless sensing) and said location (e.g., obtained by the LMF) is sent to an authentication function (e.g., AUSF) that will take into account both the result of the authentication procedure (first factor) and the measured location (second factor) to determine the outcome of the authentication procedure); but does not teach…; one or more second parameters based on measurements for a second user plane configured for exchanging information between the apparatus and the second network entity, wherein the second network entity is associated with a second RAN; a first radio resource control (RRC) state of the apparatus in the first RAN; or a second RRC state of the apparatus in the second 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.
Xin teaches… one or more second parameters based on measurements for a second user plane configured for exchanging information between the apparatus and the second network entity, wherein the second network entity is associated with a second RAN; a first radio resource control (RRC) state of the apparatus in the first RAN(P.109 discloses… the network element configured to provide the network data for the first network element may be one or more of a user plane network element and a control plane network element in the core network);; or a second RRC state of the apparatus in the second 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.15 discloses… first data obtained from the third network element further includes one or more of the following information: the identifier of the service to which the service flow belongs, a communication pattern parameter of the service to which the service flow belongs, flow bit rate data of a first interface, latency data of the first interface, packet loss rate data of the first interface, packet data of the first interface, a timestamp, experience data of the service to which the service flow belongs, jitter buffer data, transmission control protocol TCP congestion window data, TCP receive window data, media encoding type data, encoding rate data of the media encoding type data, and buffer data, where the first interface is an interface between a user plane function).
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 Garcia by incorporating the teachings of Xin because the method and device allow for various modes of configuration providing service data network information identifying parameters for the various network devices including user equipment devices (Xin, 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 20 Garcia teaches…a method for wireless communications by an apparatus, comprising(Abs discloses the apparatus for verifying information sent to a second device),: communicating between the apparatus and at least one of a first network entity or a user equipment (UE), at least one of(Abs discloses the apparatus with processing and storage components to transmit and receive messages based on processing and verification; CLM 1 also discloses the apparatus components): 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(P.829 discloses the apparatus and method to securely communicate from an UE to a network entity ):, wherein the first network entity is associated with a first radio access network (RAN) (P. 893 discloses the first network entity associated with a first radio access network… CN may require the RAN to obtain a fingerprint of the UE with which it is engaging in an authentication procedure. For example, if the UE has been configured with a 2-factor authentication policy involving location, the CN can instruct/pre-configure the RAN to determine the location of the UE (e.g., by means of a positioning method or by means of wireless sensing) and said location (e.g., obtained by the LMF) is sent to an authentication function (e.g., AUSF) that will take into account both the result of the authentication procedure (first factor) and the measured location (second factor) to determine the outcome of the authentication procedure); but does not teach…one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the apparatus, wherein the apparatus is associated with a second RAN; a first radio resource control (RRC) state of the UE in the first RAN; or a second RRC state of the UE in the second RAN; and operating based on at least one of the one or more first parameters, the one or more second parameters, the first RRC state of the UE in the first RAN, or the second RRC state of the UE in the second RAN.
Xin teaches… one or more second parameters based on measurements for a second user plane configured for exchanging information between the UE and the apparatus, wherein the apparatus is associated with a second RAN; a first radio resource control (RRC) state of the UE in the first RAN(P.109 discloses… the network element configured to provide the network data for the first network element may be one or more of a user plane network element and a control plane network element in the core network); or a second RRC state of the UE in the second RAN; and operating based on at least one of the one or more first parameters, the one or more second parameters, the first RRC state of the UE in the first RAN, or the second RRC state of the UE in the second RAN(P.15 discloses… first data obtained from the third network element further includes one or more of the following information: the identifier of the service to which the service flow belongs, a communication pattern parameter of the service to which the service flow belongs, flow bit rate data of a first interface, latency data of the first interface, packet loss rate data of the first interface, packet data of the first interface, a timestamp, experience data of the service to which the service flow belongs, jitter buffer data, transmission control protocol TCP congestion window data, TCP receive window data, media encoding type data, encoding rate data of the media encoding type data, and buffer data, where the first interface is an interface between a user plane function).
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 Garcia by incorporating the teachings of Xin because the method and device allow for various modes of configuration providing service data network information identifying parameters for the various network devices including user equipment devices (Xin, 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) 2-6, 10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable overUS-20250280295-A1 to Garcia et al., from hereon Garcia and US-20210014739-A1 to Xin et al., from hereon Xin in view of US-20220232423-A1 to Thyagaturu et al., from hereon Thyagaturu.
Regarding claim 2 Garcia and Xin teach the apparatus of claim 1, but do not teach …wherein to communicate, the one or more processors are configured to cause the apparatus to transmit the one or more second parameters comprising 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 to communicate, the one or more processors are configured to cause the apparatus to transmit the one or more second parameters comprising 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 Garcia and Xin 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 (Tyagaturu, 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 Garcia, Xin, and Thyagaturu teach the apparatus of claim 2, Thyagaturu teaches..wherein the one or more processors are configured to cause the apparatus 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 Garcia and Xin teach the apparatus of claim 1, wherein to communicate, the one or more processors are configured to cause the apparatus to transmit the one or more second parameters comprising at least one of: but do not teach…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… 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 Garcia and Xin 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 Garcia and Xin teach the apparatus of claim 1, but dot not teach…wherein to communicate, the one or more processors are configured to cause the apparatus to transmit the one or more second parameters comprising 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 to communicate, the one or more processors are configured to cause the apparatus to transmit the one or more second parameters comprising 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 network) 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 Garcia and Xin 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 Garcia and Xin teach the apparatus of claim 1, but do not teach…wherein to communicate, the one or more processors are configured to cause the apparatus to transmit, to the first network entity, at least one of the one or more second parameters or the second RRC state via: the UE, or a core network (CN) of the first RAN and a CN of the second RAN..
Thyagaturu teaches… wherein to communicate, the one or more processors are configured to cause the apparatus to transmit, to the first network entity, at least one of the one or more second parameters or the second RRC state 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 Garcia and Xin 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 Garcia and Xin teach the apparatus of claim 9, wherein the one or more first parameters comprise at least one of: but do not teach…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… 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(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 Garcia and Xin 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 Garcia and Xin teach the apparatus of claim 18, but does not teach…wherein to communicate, the one or more processors are configured to cause the apparatus 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; an 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, the one or more processors are configured to cause the apparatus 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(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 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; an 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.
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 Garcia and Xin 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-20250280295-A1 to Garcia et al., from hereon Garcia and US-20210014739-A1 to Xin et al., from hereon Xin in view of US-20230189013-A1 to Park et al., from hereon Park.
Regarding claim 7 Garcia and Xin teach the apparatus of claim 1, but do not teach…wherein the one or more processors are configured to cause the apparatus 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 the second user plane; 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 apparatus 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 the second user plane; 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 Garcia and Xin 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 Garcia and Xin teach the apparatus of claim 1, but do 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 apparatus to activate or deactivate packet duplication over: the second user plane of packets exchanged over the first user plane; or the first use plane of packets exchanged over the second user plane.
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 apparatus to activate or deactivate packet duplication over: the second user plane of packets exchanged over the first user plane; or the first use plane of packets exchanged over the second 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 Garcia and Xin 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 Garcia and Xin teach the apparatus of claim 1, but do not teach…wherein the one or more processors are configured to cause the apparatus to receive, from the first network entity, a request for an activation or a deactivation of packet duplication over: the second user plane of packets exchanged over the first user plane; or the first user plane of packets exchanged over the second user plane.
Park teaches… wherein the one or more processors are configured to cause the apparatus to receive, from the first network entity, a request for an activation or a deactivation of packet duplication over: the second user plane of packets exchanged over the first user plane; or the first user plane of packets exchanged over the second user plane(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 Garcia and Xin 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 Garcia and Xin teach the apparatus of claim 1, but do not teach…wherein the one or more processors are configured to cause the apparatus 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 apparatus 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 Garcia and Xin 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
Claims 11-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 “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 apparatus to: transmit, to the UE, an indication to offload traffic associated with one or more data radio bearers (DRBs) associated with the second user plane to the first user plane.”, “communicate at least one of the one or more first parameters, the one or more second parameters, the first RRC state, or the second RRC state, the one or more processors are configured to cause the apparatus 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 apparatus to: determine the one or more second parameters for the second user plane; 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 apparatus 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 the second user plane to the first user plane”, 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 the second RAN; and transmit, to the UE, an indication to offload traffic associated with one or more data radio bearers (DRBs) associated with the second user plane to the first user plane” 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 stear 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.
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/L.S./Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476