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 .
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 1, 2 and 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2022/0322202, hereinafter Li).
Regarding claim 1, Li discloses a wireless communication method for use in a first wireless terminal, the wireless communication method comprising: communicating with a second wireless terminal for a proximity service on a first communication path, and checking a communication path policy after a communication path quality fails to satisfy at least one communication requirement of the proximity service, to determine whether to switch to a second communication path for the proximity service (proximity based services, Para [0003], UE can dynamically decide to choose the path, Para [0097], selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], UE selects path based on different information such as QoS criteria or radio measurements, Para [0275], e.g. data rate performance degrades for 5GC path, the UE can switch to PC5 path, Para [0285], measurements taken to make path switching decisions, such as packet loss rate and if packet loss rate degrades for the 5GC path, the UE can decide to switch to the PC5 path, Para [0285]), wherein the first communication path is one of a direct communication path between the first wireless terminal and the second wireless terminal and an indirect communication path which involves a network and is between the first wireless terminal and the second wireless terminal, and the second communication path is another one of the direct communication path and the indirect communication path (UE can maintain two paths, one is Uu based and the other is PC5 based, Para [0097], path switch from direct path to indirect path and vice vera, Para [0006], UE to UE communication, Para [0267]); and wherein checking the communication path policy for the proximity service, to determine whether to switch the proximity service to the second communication path comprises: switching the proximity service to the second communication path (selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], communication mode can indicate a preferred path, Para [0276], measurements taken to make path switching decisions, such as packet loss rate and if packet loss rate degrades for the 5GC path, the UE can decide to switch to the PC5 path, Para [0285], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282]); but does not explicitly state wherein the communication path policy indicates that the proximity service supports the second communication path (to support proximity services, the appropriate path can be selected by the UE based on some policy and path switching can be performed as well, Para [0065], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282], it is obvious to one of ordinary skill if a path did not support the proximity service then it would not be an appropriate path to select, further QoS criteria indicates which path is preferred, Para [0276] this implies both paths are supported otherwise it wouldn’t be a preference).
Regarding claims 5 and 12, Li discloses the wireless communication method of claim 1/11, wherein the direct communication path is a PC5 communication path and the indirect communication path is a Uu communication path (path switching between PC5 and Uu interface, Para [0003]).
Regarding claim 10, Li discloses the wireless communication method of claim 1, further comprising: receiving, from a wireless network node, the communication path policy no later than registering to the network through the wireless network node (UE may request a path selection policy during registration, Para [0267]).
Regarding claim 11, Li discloses a wireless communication method for use in a wireless network node, the wireless communication method comprising: transmitting, to a wireless terminal, a communication path policy no later than that the wireless terminal registering to a network through the wireless network node, wherein the communication path policy is associated with a path switching between a first communication path and a second communication path for at least one proximity service (UE may request a path selection policy during registration, Para [0267] proximity based services, Para [0003], UE can dynamically decide to choose the path, Para [0097], selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267]), wherein the first communication path is one of a direct communication path between the first wireless terminal and the second wireless terminal and an indirect communication path which involves the network and is between the first wireless terminal and the second wireless terminal, and the second communication path is another one of the direct communication path and the indirect communication path (UE can maintain two paths, one is Uu based and the other is PC5 based, Para [0097], path switch from direct path to indirect path and vice vera, Para [0006], UE to UE communication, Para [0267]); and wherein checking the communication path policy for the proximity service, to determine whether to switch the proximity service to the second communication path comprises: switching the proximity service to the second communication path (selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], communication mode can indicate a preferred path, Para [0276], measurements taken to make path switching decisions, such as packet loss rate and if packet loss rate degrades for the 5GC path, the UE can decide to switch to the PC5 path, Para [0285], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282]); but does not explicitly state wherein the communication path policy indicates that the proximity service supports the second communication path (to support proximity services, the appropriate path can be selected by the UE based on some policy and path switching can be performed as well, Para [0065], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282], it is obvious to one of ordinary skill if a path did not support the proximity service then it would not be an appropriate path to select, further QoS criteria indicates which path is preferred, Para [0276] this implies both paths are supported otherwise it wouldn’t be a preference).
Regarding claim 15, Li discloses a first wireless terminal (WTRU, Fig. 35F), comprising: a communication unit (transceiver, Fig. 35F), configured to communicate with a second wireless terminal for a proximity service on a first communication path, and a processor (processor, Fig. 35F) configured to check a communication path policy after a communication path quality fails to satisfy at least one communication requirement of the proximity service, to determine whether to switch to a second communication path for the proximity service (proximity based services, Para [0003], UE can dynamically decide to choose the path, Para [0097], selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], UE selects path based on different information such as QoS criteria or radio measurements, Para [0275], e.g. data rate performance degrades for 5GC path, the UE can switch to PC5 path, Para [0285]), wherein the first communication path is one of a direct communication path between the first wireless terminal and the second wireless terminal and an indirect communication path which involves a network and is between the first wireless terminal and the second wireless terminal, and the second communication path is another one of the direct communication path and the indirect communication path (UE can maintain two paths, one is Uu based and the other is PC5 based, Para [0097], path switch from direct path to indirect path and vice vera, Para [0006], UE to UE communication, Para [0267]); and wherein checking the communication path policy for the proximity service, to determine whether to switch the proximity service to the second communication path comprises: switching the proximity service to the second communication path (selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], communication mode can indicate a preferred path, Para [0276], measurements taken to make path switching decisions, such as packet loss rate and if packet loss rate degrades for the 5GC path, the UE can decide to switch to the PC5 path, Para [0285], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282]); but does not explicitly state wherein the communication path policy indicates that the proximity service supports the second communication path (to support proximity services, the appropriate path can be selected by the UE based on some policy and path switching can be performed as well, Para [0065], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282], it is obvious to one of ordinary skill if a path did not support the proximity service then it would not be an appropriate path to select, further QoS criteria indicates which path is preferred, Para [0276] this implies both paths are supported otherwise it wouldn’t be a preference).
Regarding claim 16, Li discloses a wireless network node (enodeB, Fig. 35C), comprising: a communication unit (transceiver, inherent), configured to transmit, to a wireless terminal, a communication path policy no later than that the wireless terminal registering to a network through the wireless network node, wherein the communication path policy is associated with a path switching between a first communication path and a second communication path for at least one proximity service (UE may request a path selection policy during registration, Para [0267] proximity based services, Para [0003], UE can dynamically decide to choose the path, Para [0097], selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267]), wherein the first communication path is one of a direct communication path between the first wireless terminal and the second wireless terminal and an indirect communication path which involves the network and is between the first wireless terminal and the second wireless terminal, and the second communication path is another one of the direct communication path and the indirect communication path (UE can maintain two paths, one is Uu based and the other is PC5 based, Para [0097], path switch from direct path to indirect path and vice vera, Para [0006], UE to UE communication, Para [0267]); and wherein checking the communication path policy for the proximity service, to determine whether to switch the proximity service to the second communication path comprises: switching the proximity service to the second communication path (selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], communication mode can indicate a preferred path, Para [0276], measurements taken to make path switching decisions, such as packet loss rate and if packet loss rate degrades for the 5GC path, the UE can decide to switch to the PC5 path, Para [0285], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282]); but does not explicitly state wherein the communication path policy indicates that the proximity service supports the second communication path (to support proximity services, the appropriate path can be selected by the UE based on some policy and path switching can be performed as well, Para [0065], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282], it is obvious to one of ordinary skill if a path did not support the proximity service then it would not be an appropriate path to select, further QoS criteria indicates which path is preferred, Para [0276] this implies both paths are supported otherwise it wouldn’t be a preference).
Regarding claims 2 and 13, Li discloses the wireless communication method of claim 1/11, wherein the communication path policy comprises a mapping from at least one proximity service to at least one of the first communication path or the second communication path (policy information manages the QoS mapping over PC5, Para [0150], QoS rules associated with the PDU session, Para [0172]).
Regarding claim 4, Li discloses the wireless communication method of claim 1, communicating with the second wireless terminal for a second proximity service on the first communication path and checking a second communication path policy after a second communication path quality fails to satisfy at least one communication requirement of the second proximity service, to determine whether to switch to a second communication path for the second proximity service (selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], communication mode can indicate a preferred path, Para [0276], measurements taken to make path switching decisions, such as packet loss rate and if packet loss rate degrades for the 5GC path, the UE can decide to switch to the PC5 path, Para [0285], UE checks path selection policy to determine how to route data via the PC5 path or the 5CG path, Para [0282], in this case same switching based on policy but for a second proximity service); wherein the communication path policy indicates that the proximity service supports only the first communication path, and wherein checking the communication path policy for the proximity service, to determine whether to switch the proximity service to the second communication path comprises at least one of: terminating the proximity service, or downgrading a service quality of the proximity service (selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], UE selects path based on different information such as QoS criteria or radio measurements, Para [0275], communication mode can indicate a preferred path, Para [0276], obvious variation path selection policy could indicate if second path isn’t supported, in which case the connection can be released).
Regarding claim 6, Li discloses the wireless communication method of claim 1, wherein the at least one communication requirement of the proximity service comprises at least one quality of service parameter of the proximity service (policy information manages the QoS mapping over PC5, Para [0150], QoS rules associated with the PDU session, Para [0172], QoS criteria for switching path, Para [0275]).
Regarding claim 7, Li discloses the wireless communication method of claim 1, wherein the communication path quality fails to satisfy the at least one communication requirement if at least one quality of service parameter of the proximity service has become lower than the threshold associated with the proximity service (different criteria such as QoS or radio quality for switching paths, Para [0275], establishing direct path based on reaching a threshold, Para [0176], radio quality threshold for communicating via PC% or 5GC path, Para [0332]).
Regarding claim 8, Li discloses the wireless communication method of claim 6, wherein the at least one quality of service parameter comprises at least one of a packet delay budget or a packet error rate (switching path based on data rate performance or packet loss rate, Para [0285]).
Regarding claim 9, Li discloses the wireless communication method of claim 7, wherein the threshold is preconfigured or is a parameter received from a policy control function (path selection policy may include a threshold radio measurement, Para [0420], policy is provisioned by the PCF, Para [0129]).
Regarding claim 14, Li discloses the wireless communication method of claim 11, wherein the communication path policy indicates whether each of the at least one proximity service supports at least one of the first communication path or the second communication path (selecting path for UE to UE communication based on path selection policy that is sent to the UE, Para [0267], UE selects path based on different information such as QoS criteria or radio measurements, Para [0275], communication mode can indicate a preferred path, Para [0276], obvious variation path selection policy could indicate if a path is supported).
Regarding claims 17-20, Li discloses a non-transitory computer-readable program medium (non-transitory readable medium, Para [0414]) having code stored thereupon, the code, when executed by at least one processor, causes the at least one processor to implement a wireless communication method recited in claim 1/2/11/12.
Response to Arguments
Applicant's arguments filed 3/12/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. Applicant argues Li fails to disclose that its path selection policy is for a proximity service and mentions its path selection policy is for an NCIS application instead of a proximity service. In response, the title of Li’s invention is path selection for proximity service communication, therefore it is literally in the title that is for proximity services. Applicant argues NCIS isn’t a proximity service but it is a mere assertion where Applicant provides no actual argument. Li discloses path switching in NCIS for 5G ProSe, Para [0105]. US 2025/0330898 states in Para [0058]: proximity service communication, such as NCIS communication and US 2024/0129706 states in Para [0004]: 5G proximity service (ProSe) contains NCIS. Applicant asserts NCIS is not a proximity service but is clearly wrong as other relevant art states it is directly. Applicant argues the references fail to disclose checking a communication policy for proximity service, after a communication path quality fails to satisfy a requirement for the service, to determine whether to switch the proximity service to the second communication path. Applicant argues the contention is based on impermissible hindsight. Applicant argues the path selection policy does not provide any indication of whether to switch a proximity service to a specific second communication path and states on how to select between paths. Applicant argues Li fails to disclose checking the policy after a communication path fails to meet a communication requirement. In response, Applicants may argue that the examiner’s conclusion of obviousness is based on improper hindsight reasoning. However, “[a]ny judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper.” In re McLaughlin, 443 F.2d 1392, 1395, 170 USPQ 209, 212 (CCPA 1971) (MPEP 2145). Li discloses the appropriate communication path will be selected based on the policy, Para [0065]. Li discloses measurements are used to make path switching decisions, such as packet loss rate, where if packet loss rate degrades for the 5GC path, then the UE can decide to switch to PC5 path, Para [0285]. This directly refutes Applicant’s argument that Li does not disclose whether to switch a proximity service to a specific second path (the specific second path can be 5GC or PC5).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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