Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This Office Action is in response to application filed on 07/08/2026. Claims 1-3, 5-7, 19 were previously pending. Claims 1-3, 5-7, 19 are rejected.
Response to Arguments
3. Applicant’s arguments, see Remarks filed 07/08/2026 with respect to the rejection(s) of claim(s) 1-7 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jung et al., US 2020/0314714 A1.
Drawings
4. The drawings FIG.4, FIG.6 are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) “S220”, S414” mentioned in the description [0185], [0271].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5.1. 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.
5.2. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5.3. Claim(s) 1-3, 5-7, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Jung et al., (“Jung”, US 2020/0314714 A1) in view of Xu, (CN 112956237 B).
Regarding Claim 1, Jung teaches, a periodic service transmission method performed by a source access network device (FIG.10 source gNB) , the method comprising: 9
receiving first data (QoS) and a first identifier (QFI) from a user plane function (UPF) network element using a general packet radio service tunneling protocol (GTP) layer, wherein the first identifier indicates a last data packet (end marker) of the first data (QoS), (Jung, [0101]: marking QoS flow ID (QFI), [0166]: the source NG-RAN node receives one or several GPRS tunneling protocol user plane (GTP-U) end marker packets (“last data packet”) per PDU session from the UPF into each data forwarding tunnel (“GTP”) when no more user data packets are to be forwarded over that tunnel); and
sending a handover command (FIG. 10 Step 6) to a terminal device (UE) (target gNB) (Jung, FIG.10, Step 6, [0128]: The source gNB triggers the Uu handover by sending an RRCReconfiguration message to the UE, containing the information required to access the target cell: at least the target cell ID, the new C-RNTI, the target gNB security algorithm identifiers for the selected security algorithms. [0139-140]: The source gNB should continue forwarding data as long as packets are received at the source gNB from the UPF or the source gNB buffer has not been emptied (until receive the end marker; receiving the GTP end marker means the last data packet has been sent) “start moment”).
Jung does not expressly teach
in a first time period,
Xu teaches
(Xu, FIG.5, source base station (S-RAN), core network, [0053]: the 5G system is integrated as a time sensitive network (TSN) bridge; [0058]: the core network user plane function entity (UPF, User Plane Function); [0064]: first base station (S-RAN) receive the first service parameter information (“1st data”) from the network side (core network); the first service parameter information may include: TSN data transmission period (“1st period”), offset value in the period, data packet size, data packet number, gating information and so on);
in a first time period, (Xu, FIG.7, [0071-72]: the base station side for the TSN service data transmission of scheduling is the time in the rectangular frame, the time is periodically distributed, TSN service data transmission time outside the time is non-data transmission time T1, can be triggered in T1 and finish the first behavior)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform lossless handover process at source gNB as taught by Jung, to integrate 5G handover process with a TSN bridge, as taught by Xu.
Doing so provides a method to trigger a lossless handover process at source gNB and finish the handover in first periodicity (Xu, FIG.7).
Regarding Claim 2, Jung-Xu teaches, the method according to claim 1, further comprising:
determining the start moment of the first time period based on the first identifier (QFI) (Jung, [0167]: GTP End marker packets including QoS ID (QFI) sent via a data forwarding tunnel are applicable to all QoS flows forwarded via that tunnel).
Regarding Claim 3, Jung-Xu teaches, the method according to claim 1, further comprising:
obtaining duration of the first periodicity (Xu, [0064]: the first service parameter information (“1st data”) includes TSN data transmission period (“1st period”)); and
determining the end moment of the first periodicity based on the duration of the first periodicity (Xu, [0136]: the first time information is used to indicate a interval that a first moment deviates from a first target moment, the first moment is a time at which the data packet is received at the first wireless protocol layer, the first target moment (“end moment”) is a start moment of a period in which the first moment is located, and duration of the period in which the first moment is located is preset duration).
Regarding Claim 5, Jung-Xu teaches, the method according to claim 1, further comprising: receiving first indication information, wherein the first indication information: is used to determine the start moment of the first time period based on the first identifier (Jung, (0139-140]: The source gNB should continue forwarding data as long as packets are received at the source gNB from the UPF or the source gNB buffer has not been emptied (until receive the end marker; receiving the GTP end marker means the last data packet has been sent) “start moment”).
Regarding Claim 6, Jung-Xu teaches, the method according to claim 5, wherein the first indication information comprises the duration of the first periodicity (Xu, {0064]: first base station (S-RAN) receive the first service parameter information (“1st data”) from the network side (core network); the first service parameter information may include: TSN data transmission period (“1st period”), etc.).
Regarding Claim 7, Jung-Xu teaches, the method according to claim 5, further comprising:
sending the first indication information to the target access network device (Xu, FIG.5, [0058]: handover preparation (Handover preparation) process, comprising S-RAN sending to the T-RAN switching request Handover Request) message).
Regarding Claim 19, Jung teaches, A communication apparatus (FIG.10 source gNB), comprising at least one processor (202), wherein the at least one processor is coupled to at least one memory (204), and the at least one processor is configured to execute a computer program or instructions stored in the at least one memory to enable the communication apparatus to perform (Jung, FIG.1, base stations (BS) 200, network 300, [0049-50]: The BSs 200 and a 5G network 300; FIG.2, second device 200, [0066]: the memory(s) 204 may store software code including commands for performing a part or the entirety of processes controlled by the processor(s) 202):
receiving first data (QoS) and a first identifier (QFI) from a user plane function (UPF) network element using a general packet radio service tunneling protocol (GTP) layer, wherein the first identifier indicates a last data packet (end marker) of the first data, (Jung, [0101]: marking QoS flow ID (QFI), [0166]: the source NG-RAN node receives one or several GPRS tunneling protocol user plane (GTP-U) end marker packets (“last data packet”) per PDU session from the UPF into each data forwarding tunnel (“GTP”) when no more user data packets are to be forwarded over that tunnel); and
sending a handover command (FIG. 10 Step 6) to a terminal device (UE) (Jung, FIG.10, Step 6, [0128]: The source gNB triggers the Uu handover by sending an RRCReconfiguration message to the UE, containing the information required to access the target cell: at least the target cell ID, the new C-RNTI, the target gNB security algorithm identifiers for the selected security algorithms. [0139-140]: The source gNB should continue forwarding data as long as packets are received at the source gNB from the UPF or the source gNB buffer has not been emptied (until receive the end marker; receiving the GTP end marker means the last data packet has been sent) “start moment”).
Jung does not expressly teach
the first data is data in a first periodicity of a periodic service;
Xu teaches
the first data is data in a first periodicity of a periodic service (Xu, FIG.5, source base station (S-RAN), core network, [0053]: the 5G system is integrated as a time sensitive network (TSN) bridge; [0058]: the core network user plane function entity (UPF, User Plane Function); [0064]: first base station (S-RAN) receive the first service parameter information (“1st data”) from the network side (core network); the first service parameter information may include: TSN data transmission period (“1st period”), offset value in the period, data packet size, data packet number, gating information and so on);
(Xu, FIG.7, [0071-72]: the base station side for the TSN service data transmission of scheduling is the time in the rectangular frame, the time is periodically distributed, TSN service data transmission time outside the time is non-data transmission time T1, can be triggered in T1 and finish the first behavior).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform lossless handover process at source gNB as taught by Jung, to integrate 5G handover process with a TSN bridge, as taught by Xu.
Doing so provides a method to trigger a lossless handover process at source gNB and finish the handover in first periodicity (Xu, FIG.7).
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Xu et al., US 2019/0313295 A1, Method For Performing Handover From 5G System (5GS) At Source Base Station To Evolved Packet System (EPS), Involves Transmitting End Marker Packet Containing Quality Of Service (QoS) Flow Identity (QFI) To Target Base Station, FIG.3.
Fiorani et al., US 2021/0400521 A1, Method For Handovers Between Base Stations In Networks Performed By Wireless Device, Involves Sending Data Packets To DRB Mapping, New Mapping Is Receive, And SDAP End Marker Is Sent, And Data Packets Are Sent Using New Mapping, [0062-65].
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHHIAN (AMY) LING whose telephone number is (571)270-1074. The examiner can normally be reached M-F 9-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MOO JEONG can be reached at (571)272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.L./
Examiner
Art Unit 2418
/Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
Prosecution Insights