DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Restriction
Applicant’s election of Group I (claims 1-7), with traverse, in the reply filed on 07/20/2026 is acknowledged, accordingly claim 8 is currently withdrawn from consideration.
Applicant argues “As disclosed in the specification, the ‘default configuration’ referred to in Claim 8 encompasses a BSR configuration that includes a first buffer status report timer, and the ‘stored configuration’ referred to in Claim 8 encompasses a BSR configuration that includes a second buffer status report timer. The specific timer-based structure of Claims 1-7 is therefore the direct and concrete implementation of the default/stored configuration framework recited in Claim 8. One of ordinary skill in the art would immediately recognize that Claims 1-7 represent an obvious variant of Claim 8, as the relationship between BSR timer parameters and BSR configuration objects is well established in the relevant technical field. Accordingly, the inventions are not patentably distinct, and restriction between them is improper under MPEP § 806.05(d)… Claim 8 broadly recites BSR performed based on ‘a default configuration’ (first period) and ‘a stored configuration’ (second period), without limiting the specific parameters of those configurations. Claims 1-7, which recite specific timer parameters within such configurations, fall entirely within the scope of Claim 8. The scope of Claims 1-7 is therefore a subset of the scope of Claim 8. Two inventions where one's scope is entirely subsumed within the other's do not constitute non-overlapping subcombinations under MPEP § 806.05(d)” (remarks pgs. 1-2).
In response to applicant’s argument the examiner respectfully disagrees. Applicant argues the specification discloses the “default configuration” of claim 8 includes the first buffer status report timer and “stored configuration” includes a second buffer status report timer, however, applicant does not provide evidence or support for said statements. The examiner is unable to find said statements in applicant’s specification. In fact, the specification discloses default and stored configuration as default SRB1 configuration (pg. 20 line 7) and stored SRB1 configuration (pg. 25 line 16), respectively. Default SRB1 and stored SRB1 are different than BSR timers. Furthermore, there would be a serious search and/or examination burden if restriction were not required because the inventions require a different field of search (e.g., searching different classes /subclasses or electronic resources, or employing different search strategies or search queries) and the prior art applicable to one invention would not likely be applicable to another invention. This is because a specific SRB or BSR configuration need not be default or stored configurations, and vice versa. In the instant application, the examiner was able to find prior art for BSR timers of claims 1-7, but the reference does not specify these timers are default or stored. A different search strategy would be needed, and different art would need to be relied upon for the “default configuration” and “stored configuration” features of claim 8. During the search of claim 8, BSR is not limiting, and other default/stored configurations could be relied upon (like those of SRB). Accordingly, not only are the two inventions distinct, but they also impose a serious search and examination burden, therefore, the argument is not found persuasive.
Priority
Applicant's claim for the benefit of a prior-filed application(s) under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, PCT/KR2022/095126 fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The claimed limitation(s) in this instant application of “wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received by the terminal before the first period starts” (of claim 1) and “wherein the first buffer status report timer is not indicated in the downlink RRC message” (of claim 3) do not have the support in the prior applications. Accordingly, claims 1-7 are not entitled to the benefit of the prior-filed application(s).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), first paragraph:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 are rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement.
Claim 1 recites “wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received by the terminal before the first period starts”. The specification discloses in Figure 2B and page 38 “Upon receiving the RRCRelease, the UE stores all of the first BSR configuration, the second BSR configuration, and the first LCGs and the second LCGs”. In other words, the configuration information and LCG information is received after the first period starts. Nowhere in the disclosure does it disclose before the first period starts, to receive the second buffer status report timer and the first logical channel group logical channel mapping information indicated in a downlink Radio Resource Control (RRC) message. Accordingly, the limitation is not supported by the specification. Similar rejection applies to claim 7.
Claim 3 recites “wherein the first buffer status report timer is not indicated in the downlink RRC message”. The specification discloses in page 23 lines 10-11 “BSR trigger conditions include arrival of new data with high priority and expiration of periodic timers”. However, nowhere in applicant’s disclosure does it explicitly recite the negative limitation of “the first buffer status report timer is not indicated in the downlink RRC message”. Accordingly, the claim is not supported by the specification.
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 of this title, 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 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yue et al. (US 2024/0373276 A1, hereinafter “Yue”) in view of Tran et al. (US 12,719,166 B2, hereinafter “Tran”).
As to claim 1:
Yue discloses a method by a terminal (UE; see [0035]-[0037]; [0085]-[0091]), the method comprising:
receiving, by the terminal (UE; Figs. 2-3) from a base station (BS; Fig. 2), a small data transmission configuration (“the data volume threshold may include at least one of a first threshold, a second threshold, and a third threshold. The first threshold, a second threshold, and/or a third threshold may be configured by a BS”; [0037] “In order to determine whether to initiate an SDT procedure, the UE will compare the calculated data volume with a data volume threshold, and if the calculated data volume is less than the data volume threshold, the SDT procedure will be initiated”; [0035] threshold(s) configured = configuration, SDT = small data transmission);
performing, by the terminal during a first period, a buffer status reporting (“a periodic BSR timer for SDT (represented as periodicBSR-Timer-SDT) can be configured to indicate the data arrival from low or equal priority logical channel by triggering a periodic BSR during an SDT procedure. The UE may transmit a periodic BSR to indicate the new data arrival or the size of data to be transmitted”; [0085]; [0140] during SDT procedure = first period); and
performing, by the terminal during a second period, the buffer status reporting (“the UE stops the periodic BSR timer for SDT after receiving a RRC release message from network. The starting or restarting condition for the periodic BSR timer for SDT is that at least one BSR has been triggered and not cancelled. When the periodic BSR timer for SDT expires, a BSR shall be triggered”; [0088]-[0091]; [0145] after the periodic BSR timer for SDT is stopped = second period),
wherein the first period is after a small data transmission starts and before the small data transmission ends (“a periodic BSR timer for SDT (represented as periodicBSR-Timer-SDT) can be configured to indicate the data arrival from low or equal priority logical channel by triggering a periodic BSR during an SDT procedure. The UE may transmit a periodic BSR to indicate the new data arrival or the size of data to be transmitted”; [0085]; [0140] during SDT procedure = first period, SDT = small data transmission),
wherein the second period is after the small data transmission ends (“the UE stops the periodic BSR timer for SDT after receiving a RRC release message from network. The starting or restarting condition for the periodic BSR timer for SDT is that at least one BSR has been triggered and not cancelled. When the periodic BSR timer for SDT expires, a BSR shall be triggered”; [0088]-[0091]; [0145] after the periodic BSR timer for SDT is stopped = second period),
wherein the buffer status reporting is performed based on (BSR = buffer status reporting; see [0085]; [0088]-[0095]):
a first buffer status report timer during the first period (“a periodic BSR timer for SDT (represented as periodicBSR-Timer-SDT) can be configured to indicate the data arrival from low or equal priority logical channel by triggering a periodic BSR during an SDT procedure. The UE may transmit a periodic BSR to indicate the new data arrival or the size of data to be transmitted”; [0085]; [0140] during SDT procedure = first period);
a second buffer status report timer during the second period (“the UE stops the periodic BSR timer for SDT after receiving a RRC release message from network. The starting or restarting condition for the periodic BSR timer for SDT is that at least one BSR has been triggered and not cancelled. When the periodic BSR timer for SDT expires, a BSR shall be triggered”; [0088]-[0095]; [0145] after the periodic BSR timer for SDT is stopped = second period).
Yue does not explicitly disclose wherein the buffer status reporting is performed based on first logical channel group logical channel mapping information during the first period and during the second period, and wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received by the terminal before the first period starts
However, Tran discloses wherein the buffer status reporting is performed based on first logical channel group logical channel mapping information during the first period and during the second period (“A BSR may be triggered if UL data, for a logical channel which belongs to a LCG, becomes available for transmission in the RLC entity or in the PDCP entity and either the data belongs to a logical channel with higher priority than the priorities of the logical channels which belong to any LCG and for which data is already available for transmission”; Col. 24 lines 47-56), and
wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received by the terminal before the first period starts (“RRC controls BSR reporting by configuring the three timers periodicBSR-Timer, retxBSR-Timer and logicalChannelSR-ProhibitTimer and by, for each logical channel, optionally signaling logical Channel Group, which allocates the logical channel to a Logical Channel Group (LCG)”; Col. 24 lines 33-41 and lines 65-67; Col. 25 lines 25-28).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Tran into Yue’s system/method as it would allow the buffer status reporting to performed based on first logical channel group logical channel mapping information during the first period and during the second period, and wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received by the terminal before the first period starts. Such combination would have been obvious as applying a known technique (i.e., function of the BSR) to a known device (method, or product) ready for improvement would yield predictable results. Furthermore, Tran’s teaching of prioritization between logical channels/logical channel groups would improve overall performance of the system and user satisfaction.
As to claim 7:
Yue discloses a terminal in a wireless communication system (UE; see Fig. 3; [0035]-[0037]; [0085]-[0091]), the terminal comprising:
a transceiver configured to transmit and receive a signal (“the receiver 301 and the transmitter 303 can be a wireless receiver and a wireless transmitter, respectively, and can be integrated into a single device, such as a wireless transceiver”; [0101]; [0037]; [0085]); and
a controller configured to control the transceiver to (“The processer 305 is configured to be coupled to the non-transitory computer readable medium 307, the receiver 301, and the transmitter 303”; [0101]-[0102]):
receive, from a base station (BS; Fig. 2), a small data transmission configuration (“the data volume threshold may include at least one of a first threshold, a second threshold, and a third threshold. The first threshold, a second threshold, and/or a third threshold may be configured by a BS”; [0037] “In order to determine whether to initiate an SDT procedure, the UE will compare the calculated data volume with a data volume threshold, and if the calculated data volume is less than the data volume threshold, the SDT procedure will be initiated”; [0035] threshold(s) configured = configuration, SDT = small data transmission),
perform during a first period a buffer status reporting (“a periodic BSR timer for SDT (represented as periodicBSR-Timer-SDT) can be configured to indicate the data arrival from low or equal priority logical channel by triggering a periodic BSR during an SDT procedure. The UE may transmit a periodic BSR to indicate the new data arrival or the size of data to be transmitted”; [0085]; [0140] during SDT procedure = first period), and perform during a second period the buffer status reporting (“the UE stops the periodic BSR timer for SDT after receiving a RRC release message from network. The starting or restarting condition for the periodic BSR timer for SDT is that at least one BSR has been triggered and not cancelled. When the periodic BSR timer for SDT expires, a BSR shall be triggered”; [0088]-[0091]; [0145] after the periodic BSR timer for SDT is stopped = second period),
wherein the first period is after a small data transmission starts and before the small data transmission ends (“a periodic BSR timer for SDT (represented as periodicBSR-Timer-SDT) can be configured to indicate the data arrival from low or equal priority logical channel by triggering a periodic BSR during an SDT procedure. The UE may transmit a periodic BSR to indicate the new data arrival or the size of data to be transmitted”; [0085]; [0140] during SDT procedure = first period, SDT = small data transmission),
wherein the second period is after the small data transmission ends (“the UE stops the periodic BSR timer for SDT after receiving a RRC release message from network. The starting or restarting condition for the periodic BSR timer for SDT is that at least one BSR has been triggered and not cancelled. When the periodic BSR timer for SDT expires, a BSR shall be triggered”; [0088]-[0091]; [0145] after the periodic BSR timer for SDT is stopped = second period),
wherein the buffer status reporting is performed based on (BSR = buffer status reporting; see [0085]; [0088]-[0095]):
a first buffer status report timer during the first period (“a periodic BSR timer for SDT (represented as periodicBSR-Timer-SDT) can be configured to indicate the data arrival from low or equal priority logical channel by triggering a periodic BSR during an SDT procedure. The UE may transmit a periodic BSR to indicate the new data arrival or the size of data to be transmitted”; [0085]; [0140] during SDT procedure = first period);
a second buffer status report timer during the second period (“the UE stops the periodic BSR timer for SDT after receiving a RRC release message from network. The starting or restarting condition for the periodic BSR timer for SDT is that at least one BSR has been triggered and not cancelled. When the periodic BSR timer for SDT expires, a BSR shall be triggered”; [0088]-[0095]; [0145] after the periodic BSR timer for SDT is stopped = second period).
Yue does not explicitly disclose wherein the buffer status reporting is performed based on first logical channel group logical channel mapping information during the first period and during the second period, and wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received before the first period starts.
However, Tran discloses wherein the buffer status reporting is performed based on first logical channel group logical channel mapping information during the first period and during the second period (“A BSR may be triggered if UL data, for a logical channel which belongs to a LCG, becomes available for transmission in the RLC entity or in the PDCP entity and either the data belongs to a logical channel with higher priority than the priorities of the logical channels which belong to any LCG and for which data is already available for transmission”; Col. 24 lines 47-56), and
wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received before the first period starts (“RRC controls BSR reporting by configuring the three timers periodicBSR-Timer, retxBSR-Timer and logicalChannelSR-ProhibitTimer and by, for each logical channel, optionally signaling logical Channel Group, which allocates the logical channel to a Logical Channel Group (LCG)”; Col. 24 lines 33-41 and lines 65-67; Col. 25 lines 25-28).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Tran into Yue’s system/method as it would allow the buffer status reporting to be performed based on first logical channel group logical channel mapping information during the first period and during the second period, and wherein the second buffer status report timer and the first logical channel group logical channel mapping information are indicated in a downlink Radio Resource Control (RRC) message that is received before the first period starts. Such combination would have been obvious as applying a known technique (i.e., function of the BSR) to a known device (method, or product) ready for improvement would yield predictable results. Furthermore, Tran’s teaching of prioritization between logical channels/logical channel groups would improve overall performance of the system and user satisfaction.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yue (US 2024/0373276 A1) in view of Tran (US 12,719,166 B2) and further in view of Laselva et al. (US 2023/0389117 A1, hereinafter “Laselva”).
As to claim 2:
The combined system/method of Yue and Tran discloses the invention set forth above, but does not explicitly disclose wherein the first logical channel group logical channel mapping information indicates a logical channel group to which a corresponding radio bearer belongs.
However, Laselva discloses wherein the first logical channel group logical channel mapping information indicates a logical channel group to which a corresponding radio bearer belongs (“The mapping of a radio bearer and logical channel to a LCG may be performed at radio bearer setup time by the gNB via RRC signaling”; [0039]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Laselva into the combined system/method of Yue and Tran as it would allow the first logical channel group logical channel mapping information to indicate a logical channel group to which a corresponding radio bearer belongs. Such combination would have been obvious as the references are from analogous art, where a motivation would have been to prevent occurrence of extra delay (Laselva; [0098]).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yue (US 2024/0373276 A1) in view of Tran (US 12,719,166 B2) and further in view of Tseng et al. (US 12,369,061 B2, hereinafter “Tseng”).
As to claim 5:
The combined system/method of Yue and Tran discloses the invention set forth above, but does not explicitly disclose wherein the small data transmission ends in case that a specific downlink RRC message is received while the small data transmission is ongoing.
However, Tseng discloses wherein the small data transmission ends in case that a specific downlink RRC message is received while the small data transmission is ongoing (“the SDT procedure may be terminated while at least one of the following events happens: 1) after the UE receives an RRCRelease message/RRCResume message/RRCSetup message from the serving cell”; Col. 13 lines 40-45).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Tseng into the combined system/method of Yue and Tran as it would allow the small data transmission to end in case that a specific downlink RRC message is received while the small data transmission is ongoing. Such combination would have been obvious as the references are from analogous art, where a motivation would have been to improve in wireless communication for next-generation wireless communication systems (Tseng; Col. 1 lines 40-41).
As to claim 6:
The combined system/method of Yue, Tran and Tseng discloses the invention set forth above. Tseng further discloses wherein the specific downlink RRC message causes state transition from RRCINACTIVE to RRC CONNECTED (“after receiving the RRCResumeRequest message, the serving cell may transmit an RRCResume message to the UE to instruct the UE to move to the RRC connected state”; Col. 10 lines 12-15).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Tseng into the combined system/method as it would allow the specific downlink RRC message to cause state transition from RRCINACTIVE to RRC CONNECTED. Such combination would have been obvious as the references are from analogous art, where a motivation would have been to improve in wireless communication for next-generation wireless communication systems (Tseng; Col. 1 lines 40-41).
Allowable Subject Matter
Claims 3-4 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 in addition to overcoming the 112(a) rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIELA VIDAL CARPIO whose telephone number is (571)272-1250. The examiner can normally be reached M-F 8:00AM to 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at (571)272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIELA VIDAL CARPIO/ Primary Examiner, Art Unit 2476
