DETAILED ACTION
This office action is responsive to communications filed on February 8, 2024. Claims 1-20 are pending in the application.
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 Statements filed on 11/1/2024 and 1/29/2025 have been considered.
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 15-20 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.
Claim 15 recites the limitation “receiving first information from an access network device, wherein the first information comprises application layer measurement configuration information, a network slice scope, and a service type or the network slice scope comprises at least one network slice identifier.” The recitation “or the network slice scope comprises at least one network slice identifier” appears to refer to an alternative due to the term “or”, where at least one other alternative would be present. For example, the claim may be interpreted as receiving first information from an access network device, wherein the first information comprises i) application layer measurement configuration information, a network slice scope, and a service type OR ii )the network slice scope comprises at least one network slice identifier. However, this language appears to contradict itself. Accordingly, claim 15 is indefinite. Claims 16-20 depend from claim 15 and are rejected based on the same reasoning.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 9, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 9, and 13 of U.S. Patent No. 12,520,186 in view of Zhang et al. (US 2023/0199543).
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
US 12,520,186:
1. A method applied to a first access network node, the method comprising:
sending one or more first application layer measurement configurations to a terminal device;
notifying the terminal device to report a measurement result corresponding to the one or more first application layer measurement configurations to a second access network node. US 12,520,186 does not recite that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US 12,520,186 such that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 8, 11, 15, and 18 of copending Application No. 19/020208 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 19/020208:
1. A measurement configuration method, wherein the method is applied to a first access network device, and comprises:
… sending the application layer measurement configuration information to a first terminal device.
4. The method according to claim 1, wherein the QoE measurement configuration information of the first multicast service comprises a session identifier of the first multicast service, and the method further comprises: receiving application layer measurement result information from the first terminal device, wherein the application layer measurement result information comprises the session identifier of the first multicast service. Application No. 19/020208 does not recite that the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the application layer measurement result received from the terminal comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 19/020208 such that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 7, 14, 18, and 20 of copending Application No. 19/002066 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 19/002066:
5. The method according to claim 1, further comprising, before sending the second indication information to the second access network device:
receiving configuration information of the application layer measurement from the first access network device
7. The method according to claim 1, further comprising: … sending a measurement result of the application layer measurement to the second access network device. Application No. 19/002066 does not recite that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 19/002066 such that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of copending Application No. 18/363678 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 18/363678:
1. A terminal device, comprising: at least one processor; and one or more memories including computer instructions that, when executed by the at least one processor, cause the terminal device to perform operations comprising:
receiving first information from a first radio access network device with a first user identity, wherein the first information comprises first related information of application layer measurement corresponding to the first user identity
3. The terminal device according to claim 1, wherein the first related information comprises an application layer measurement configuration corresponding to the first user identity
… sending second information to a second radio access network device with a second user identity, wherein the second information indicates second related information of the application layer measurement corresponding to the first user identity or second related information of application layer measurement corresponding to the second user identity. Application No. 18/363678 does not recite that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 18/363678 such that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, and 17 of U.S. Patent No. 12,507,106 in view of Zhang et al. (US 2023/0199543).
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
US 12,507,106:
1. A communication method, comprising:
receiving, by an access stratum of a terminal device, first configuration information from a first access network device, wherein the first configuration information indicates the terminal device to perform application-layer quality of experience (QoE) measurement, and indicates the first access network device is a master node or a secondary node of the terminal device;
… determining, by the access stratum of the terminal device based on the first indication information, to send the QoE measurement result to the master node or the secondary node of the terminal device. US 12,507,106 does not recite that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US 12,507,106 such that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 8, 11, 13, 17, 20, and 23 of copending Application No. 17/986238 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 17/986238:
1. A communication method, comprising:
receiving, by an access network device, first configuration information, wherein the first configuration information indicates a terminal device to perform application layer quality of experience (QoE) measurement; generating, by the access network device, second configuration information, wherein the second configuration information indicates the terminal device to report measurement result of at least one measurement metric obtained through the QoE measurement; and sending, the first configuration information and the second configuration information to the terminal device.
5. The method according to claim 1, further comprising: receiving, the measurement result of the at least one measurement metric from the terminal device, wherein the measurement result comprise at least one of a reporting event, a measurement value of the measurement metric, or a measurement result obtained through the QoE measurement. Application No. 17/986238 does not recite that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 17/986238 such that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 9, 11, 18, and 20 of U.S. Patent No. 12,192,089 in view of Zhang et al. (US 2023/0199543).
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
US 12,192,089:
1. A method, comprising:
receiving, by a network device, first configuration information and first event information, wherein the first configuration information comprises configuration information for quality of experience (QOE) measurement, … sending, by the network device, the first configuration information to a terminal device
4. The method according to claim 1, further comprising: … sending, by the network device, configuration information of a first signaling radio bearer (SRB) to the terminal device, wherein the first SRB is used to send the measurement result. US 12,192,089 does not recite that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, information comprising a QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US 12,192,089 such that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 10 of copending Application No. 18/484396 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 18/484396:
1. A communication method, comprising:
receiving, by user equipment from a first access network device, quality of experience (QoE) measurement configuration information and a first identifier identifying the QoE measurement configuration information; and
sending, by the user equipment to the first access network device, a measurement result corresponding to the QoE measurement configuration information and the first identifier, wherein the first identifier is used by the first access network device to determine a task identifier in the first access network device, the task identifier is used to identify a measurement collection task. Application No. 18/484396 does not recite that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 18/484396 such that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 11, and 16 of copending Application No. 18/751824 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 18/751824:
1. A method applied to a first access network node, the method comprising:
sending at least one or more first application layer measurement configurations to a terminal device; notifying the terminal device to report a measurement result corresponding to the one or more first application layer measurement configurations to a second access network node;
… reporting, to the second access network node, the measurement results corresponding to all or the subset of the one or more first application layer measurement configurations. Application No. 18/751824 does not recite that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 18/751824 such that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10, and 19 of U.S. Patent No. 12,457,517 in view of Zhang et al. (US 2023/0199543).
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
US 12,457,517:
1. A communication method, performed by a terminal or a chip for the terminal, the method comprising:
receiving first application layer measurement configuration information from a first base station;
performing quality of experience (QoE) measurement based on the first application layer measurement configuration information. US 12,457,517 does not recite that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US 12,457,517 such that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 15 of copending Application No. 18/048533 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 18/048533:
1. A communication method, wherein the method comprises:
obtaining a corresponding quality of experience (QoE) measurement result based on a QoE measurement configuration, wherein the QoE measurement result comprises a QoE measurement result corresponding to a secondary access network device; and
sending the QoE measurement result by using a first radio bearer, wherein the first radio bearer is a radio bearer configured by a master access network device or the secondary access network device for a terminal device. Application No. 18/048533 does not recite that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 18/048533 such that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claims 1, 9, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 10, 11, 18, and 20 of copending Application No. 19/298829 in view of Zhang et al. (US 2023/0199543).
This is a provisional nonstatutory double patenting rejection.
Present application:
1. A network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
Application No. 19/298829:
1. A quality of experience measurement method applied to a first radio access network (RAN) device, comprising:
sending a handover request for a user equipment (UE) to a second RAN device, wherein the first RAN device configures a quality of experience (QoE) measurement task for the UE
the UE keeps reporting a measurement result after accessing the second RAN device. Application No. 19/298829 does not recite that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. However, Zhang teaches that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 19/298829 such that the first access node receives the application layer measurement result from the terminal, wherein the measurement result further comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report.
Claims 9 and 15 are rejected based on similar reasoning as given above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 7-9, 15, 17, 19, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (US 2023/0199543).
Regarding Claim 1, Zhang teaches a network optimization method, comprising:
sending, by a first access network device, first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier (“Step 3: The NG-RAN generates a Radio Resource Control (RRC) message with the QoE measurement configuration and RAN-visible QoE configuration” – See [0059]; “Step 4: The NG-RAN node sends the RRC message to UE AS layer” – See [0060]; “Step 6: The UE AS layer sends the QoE measurement configuration and the RAN-visible QoE configuration to the UE application layer” – See [0169]; “the configuration of the RAN-visible QoE, which includes at least one of the following: … a service type, which indicates the type of service that is recorded for the RAN node, e.g., Dynamic Adaptive Streaming over HTTP (DASH), Multimedia Telephony Service for IMS (MTSI), etc. … a slice ID or a slice scope for QoE-visible QoE” – See [0096]-[0101]; The RAN node (first access network device) sends first information to the UE (terminal), wherein the first information comprises a QoE/application layer measurement configuration. The first information also comprises a service type and a slice ID); and
receiving, by the first access network device, second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)).
Regarding Claim 7, Zhang teaches the method of Claim 1. Zhang further teaches that the first application layer measurement result or the second application layer measurement result comprises a measurement result of at least one measurement metric; and the at least one measurement metric comprises at least one of: an average throughput metric, an initial playout delay metric, a buffer level metric, a playout delay metric, a corruption duration metric, a successive loss of packets metric, a jitter duration metric, a synchronization loss duration metric, a round-trip time metric, an average codec bitrate metric, a comparable quality viewpoint switching latency metric or a freezing metric (“The RAN-visible QoE metrics include at least one of the following: average round-trip time of the packets; application name or application identifier; average throughput; initial playout delay, indicating the delay at the start of the streaming of the presentation; average jitter duration; device information, which includes information about the displayed video resolution as well as the physical screen characteristics; average buffer level, indicating the buffer occupancy of the playout; or average frame rate, which indicates the video playback frame rate” – See [0042]-[0050]; The metric includes average throughput, initial playout delay, buffer level, jitter duration, round-trip time, etc.).
Regarding Claim 8, Zhang teaches the method of Claim 1. Zhang further teaches that the service type comprises at least one of: a multimedia telephony service type, a streaming media service type, a multimedia broadcast type/multicast service type, a virtual reality service type, or an extended reality service type (“the configuration of the RAN-visible QoE, which includes at least one of the following: … a service type, which indicates the type of service that is recorded for the RAN node, e.g., Dynamic Adaptive Streaming over HTTP (DASH), Multimedia Telephony Service for IMS (MTSI), etc.” – See [0096]-[0098] The service type comprises MTSI (multimedia telephony service type), DASH (streaming media service type), etc.).
Claim 9 is rejected based on reasoning similar to Claim 1.
Regarding Claim 15, Zhang teaches a terminal device, comprising: at least one processor; and one or more memories configured to store non-transitory instructions, the at least one processor being configured to execute the non-transitory instructions, thereby causing the terminal device to perform operations (“An apparatus 1805, such as a base station or a wireless device (or UE), can include processor electronics 1810 such as a microprocessor that implements one or more of the techniques presented in this document … Apparatus 1805 can include one or more memories (not explicitly shown) configured to store information such as data and/or instructions” – See [0345]; “A wireless communications apparatus comprising a processor and a memory, wherein the processor is configured to read code from the memory and implement a method recited in any of solutions 1 to 31” – See [0343]) comprising:
receiving first information from an access network device, wherein the first information comprises application layer measurement configuration information, a network slice scope, and a service type or the network slice scope comprises at least one network slice identifier (“Step 3: The NG-RAN generates a Radio Resource Control (RRC) message with the QoE measurement configuration and RAN-visible QoE configuration” – See [0059]; “Step 4: The NG-RAN node sends the RRC message to UE AS layer” – See [0060]; “Step 6: The UE AS layer sends the QoE measurement configuration and the RAN-visible QoE configuration to the UE application layer” – See [0169]; “the configuration of the RAN-visible QoE, which includes at least one of the following: … a service type, which indicates the type of service that is recorded for the RAN node, e.g., Dynamic Adaptive Streaming over HTTP (DASH), Multimedia Telephony Service for IMS (MTSI), etc. … a slice ID or a slice scope for QoE-visible QoE” – See [0096]-[0101]; The UE (terminal) receives first information from the RAN node (access network device), wherein the first information comprises a QoE/application layer measurement configuration. The first information also comprises a service type and a slice ID);
performing application layer measurement based on the first information, thereby obtaining an application layer measurement result (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; The UE performs the measurement based on the first information); and
sending second information to the access network device, wherein the second information comprises the application layer measurement result and identification information corresponding to the application layer measurement result, and the identification information comprises a protocol data unit (PDU) session identifier (“Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The UE sends, to the RAN node, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)).
Regarding Claim 17, Zhang teaches the terminal device of Claim 15. Zhang further teaches that performing the application layer measurement based on the first information comprises: determining based on the first information, an application corresponding to the at least one network slice identifier; and measuring based on the application layer measurement configuration information, the application on a network slice corresponding to the at least one network slice identifier (“a slice ID or a slice scope for QoE-visible QoE, which defines the slice that is recorded for the RAN node” – See [0101]; The UE performs and records the measurements for the application based on the slice identifier).
Claim 19 is rejected based on reasoning similar to Claim 7.
Claim 20 is rejected based on reasoning similar to Claim 8.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 5, 6, 10, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2023/0199543) in view of Parichehrehteroujeni et al. (WO 2022/005361).
Regarding Claim 2, Zhang teaches the method of Claim 1. Although Zhang teaches optimizing the QoE for the terminal by the first access network and based on the second information (“the reported metrics are visible by RAN and are useful to the RAN node for optimizing QoE” – See [0042]), Zhang does not explicitly teach that the optimizing comprises optimizing radio resource configuration corresponding to the PDU session based on the second information.
However, Parichehrehteroujeni teaches optimizing a radio resource configuration corresponding to the PDU session based on the second information (“Based on timely receipt of QoE measurement reports, a RAN node can perform a QoE- aware resource allocation for various types of services. Such QoE measurements can be combined with the radio link measurements executed in the RAN to facilitate a QoE-aware radio resource scheduler in the RAN node (e.g., gNB-DU). In this manner, RAN nodes can provide more intelligent and/or adaptive QoS/QoE control and resource allocation mechanisms that take advantage of real-time QoE measurements reported by UEs, as well as UE characteristics available from respective UE contexts” – See p. 34, lines 28-34; The first access network device optimizes radio resource allocations for the PDU session based on the QoE measurement report (second information) received from the UE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang to include optimizing a radio resource configuration corresponding to the PDU session based on the second information. Motivation for doing so would be to provide intelligent and adaptive resource allocation mechanisms that take advantage of real-time QoE measurements reported by the UE (See Parichehrehteroujeni, p. 34, lines 28-34).
Regarding Claim 5, Zhang teaches the method of Claim 1. Zhang does not explicitly teach sending, by the first access network device, a second application layer measurement result to a second access network device, wherein the second application layer measurement result is obtained based on the first application layer measurement result, and the terminal device is connected to the first access network device and the second access network device simultaneously.
However, Parichehrehteroujeni teaches sending, by the first access network device, a second application layer measurement result to a second access network device, wherein the second application layer measurement result is obtained based on the first application layer measurement result, and the terminal device is connected to the first access network device and the second access network device simultaneously (“Embodiments can also improve responsive in DC architectures. For EN-DC, a QoE measurement report can be sent from MeNB to gNB-CU, which can then deliver it to the gNB- DU. For NR-DC, a QoE measurement report can be sent from MgNB to SgNB-CU (or vice versa)” – See p. 34, lines 22-25; After receiving the QoE measurement report (first application layer measurement result) from the UE, a MgNB-CU (first access network device) sends the QoE measurement report (second application layer measurement result) to SgNB-CU (second access network device), wherein the second application layer measurement result is obtained based on the first application layer measurement result, and wherein the terminal device is connected to both MgNB-CU and SgNB-CU).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang to include sending, by the first access network device, a second application layer measurement result to a second access network device, wherein the second application layer measurement result is obtained based on the first application layer measurement result, and the terminal device is connected to the first access network device and the second access network device simultaneously. Motivation for doing so would be to provide improved response to QoE/application layer measurements for DC UEs (See Parichehrehteroujeni, p. 34, lines 22-25).
Regarding Claim 6, Zhang in view of Parichehrehteroujeni teaches the method of Claim 5. Parichehrehteroujeni further teaches that the second application layer measurement result is the same as the first application layer measurement result in response to replication being used for a split bearer corresponding to the first access network device and the second access network device (“After addition of another connectivity leg (e.g., a secondary cell controlled by a secondary RAN node), wherein the data flow of the measured application subsequently is duplicated and transmitted on both the connectivity leg on which the QoE measurement started and on the new connectivity leg (i.e., duplicating/bicasting the application data flow to achieve greater robustness through redundancy) and wherein the new connectivity leg may be of the same RAT as the connectivity leg where the QoE measurement started (e.g., NR DC) or a different RAT (e.g., EN-DC), the UE may … continue the QoE measurements on both legs as a single QoE measurement session for both connectivity legs (e.g., for the merged data flow resulting from putting together the application data arriving at the different connectivity legs) and send the resulting QoE measurement report (duplicated) both on the connectivity leg on which the QoE measurement was started and on the new connectivity leg” – See p. 41, lines 33-35 and p. 42, lines 1-18; When there are split bearers between the MeNB and SeNB (first and second access network devices) with duplication/replication, the UE reports duplicated first and second application layer measurement results to the first and second access network devices (i.e., the second application layer measurement result is the same as the first application layer measurement result));
the second application layer measurement result is different from the first application layer measurement result in response to non-replication being used for the split bearer corresponding to the first access network device and the second access network device (“After addition of another connectivity leg (e.g., a secondary cell controlled by a secondary RAN node), wherein the data flow of the measured application is transferred to the new connectivity leg, and wherein the new connectivity leg may be of the same RAT as the connectivity leg where the QoE measurement started (e.g., NR DC) or a different RAT (e.g., EN-DC), the UE may continue the QoE measurements and divide the results of the QoE measurements into one part for the QoE measurements performed on the first connectivity leg (where the QoE measurement was started) and another part for the QoE measurements performed on the second connectivity leg and report each part separately on the connectivity leg on which the respective QoE measurements were performed” – See p. 40, lines 21-30; When there are split bearers between the MeNB and SeNB (first and second access network devices) without duplication/replication, the UE reports respectively different first and second application layer measurement results to the first and second access network devices).
Claim 10 is rejected based on reasoning similar to Claim 2.
Claim 13 is rejected based on reasoning similar to Claim 5.
Claim 14 is rejected based on reasoning similar to Claim 6.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2023/0199543) in view of Parichehrehteroujeni et al. (WO 2022/005361) and further in view of Khirallah et al. (US 2020/0280871).
Regarding Claim 3, Zhang in view of Parichehrehteroujeni teaches the method of Claim 2. Zhang and Parichehrehteroujeni do not explicitly teach that the identification information further comprises at least one quality of service (QoS) flow identifier corresponding to the PDU session identifier; before the optimizing the radio resource configuration corresponding to the PDU session, the method further comprises: determining at least one data radio bearer (DRB) corresponding to the at least one QoS flow identifier; and the optimizing the radio resource configuration corresponding to the PDU session comprises: optimizing configuration of the at least one DRB corresponding to the PDU session.
However, Khirallah teaches that the identification information further comprises at least one quality of service (QoS) flow identifier corresponding to the PDU session identifier; before the optimizing the radio resource configuration corresponding to the PDU session, the method further comprises: determining at least one data radio bearer (DRB) corresponding to the at least one QoS flow identifier; and the optimizing the radio resource configuration corresponding to the PDU session comprises: optimizing configuration of the at least one DRB corresponding to the PDU session (“the base station 5 maps QoS flows to DRBs 11 based on NG-U marking (a QoS Flow ID (QFI))” – See [0053]; “The QFI for each QoS flow 9 is unique within the PDU session” – See [0055]; “the UE 3 monitors the respective Quality of Experience (QoE) experienced by the UE 3 for each QoS flow 9 and reports associated QoE information, to the base station 5, in association with the QFIs to which the QoE information relates” – See [0059]; “The base station 5 may also make advantageous use of reported QoE information reported by the UE 3 to determine to move the QoE degraded QoS flows 9 to a different existing DRB, or to establish a new DRB and move the QoS flows 9 exhibiting a degraded QoE to the new DRB” – See [0075]; The identification information includes a QFI (QoS flow identifier) corresponding to the PDU session, wherein the first access network device determines a DRB corresponding to the QFI and optimizes the radio resource configuration for the PDU session by moving the session to a different DRB or establishing a new DRB).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khirallah such that the identification information further comprises at least one quality of service (QoS) flow identifier corresponding to the PDU session identifier; before the optimizing the radio resource configuration corresponding to the PDU session, the method further comprises: determining at least one data radio bearer (DRB) corresponding to the at least one QoS flow identifier; and the optimizing the radio resource configuration corresponding to the PDU session comprises: optimizing configuration of the at least one DRB corresponding to the PDU session. Motivation for doing so would be to enable degraded QoS flows to be remapped to a different DRB with more stringent QoS requirements (See Khirallah, [0119]).
Claim 11 is rejected based on reasoning similar to Claim 3.
Claims 4, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2023/0199543) in view of Kumar et al. (US 2022/0217560).
Regarding Claim 4, Zhang teaches the method of Claim 1. Although Zhang implies that the second information is decodable by the first access network device (i.e., the QoE report is a “RAN visible” QoE report), Zhang does not explicitly teach that the second information is sent in a container; and after the receiving the second information from the terminal device, the method further comprises: decoding the second information thereby obtaining the first application layer measurement result and the identification information.
However, Kumar teaches that the second information is sent in a container; and after the receiving the second information from the terminal device, the method further comprises: decoding the second information thereby obtaining the first application layer measurement result and the identification information (“The QoE parameters may be provided to the RRC layer in a separate container that the RAN/base station 404 may decode and utilize for increasing a performance of the RAN/base station 404” – See [0080]; The QoE measurement parameters/results (second information) are sent in a container, wherein the RAN node/base station (first access network device) decodes the second information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang such that that the second information is sent in a container; and after the receiving the second information from the terminal device, the method further comprises: decoding the second information thereby obtaining the first application layer measurement result and the identification information. Motivation for doing so would be to enable the information in the application layer measurement results to be used by the access node to increase the performance at the access node (See Kumar, [0080]).
Claims 12 and 18 are rejected based on reasoning similar to Claim 4.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2023/0199543) in view of Khirallah et al. (US 2020/0280871).
Regarding Claim 16, Zhang teaches the terminal device of Claim 15. Zhang does not explicitly teach that the identification information further comprises at least one quality of service (QoS) flow identifier corresponding to the PDU session identifier.
However, Khirallah teaches that the identification information further comprises at least one quality of service (QoS) flow identifier corresponding to the PDU session identifier (“the base station 5 maps QoS flows to DRBs 11 based on NG-U marking (a QoS Flow ID (QFI))” – See [0053]; “The QFI for each QoS flow 9 is unique within the PDU session” – See [0055]; “the UE 3 monitors the respective Quality of Experience (QoE) experienced by the UE 3 for each QoS flow 9 and reports associated QoE information, to the base station 5, in association with the QFIs to which the QoE information relates” – See [0059]; “The base station 5 may also make advantageous use of reported QoE information reported by the UE 3 to determine to move the QoE degraded QoS flows 9 to a different existing DRB, or to establish a new DRB and move the QoS flows 9 exhibiting a degraded QoE to the new DRB” – See [0075]; The identification information includes a QFI (QoS flow identifier) corresponding to the PDU session, wherein the first access network device determines a DRB corresponding to the QFI and optimizes the radio resource configuration for the PDU session by moving the session to a different DRB or establishing a new DRB).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang such that the identification information further comprises at least one quality of service (QoS) flow identifier corresponding to the PDU session identifier. Motivation for doing so would be to enable the base station to identify degraded QoS flows that need to be remapped to a different DRB with more stringent QoS requirements (See Khirallah, [0119]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott M Sciacca whose telephone number is (571)270-1919. The examiner can normally be reached Monday thru Friday, 7:30 A.M. - 5:00 P.M. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached at (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SCOTT M SCIACCA/ Primary Examiner, Art Unit 2478