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 .
Claims 1-18 are subject under examination.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 14 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shaheen (US2019/0394668 A1)
Regarding claim 1, Shaheen (US2019/0394668 A1) a communication method,
comprising:
storing, by a terminal device, a first parameter usable by the terminal device in a first mode (see para 0013 “receive from the access node an indication as to the access node's capability to support one or more wireless terminals operating with one or more restricted capabilities (e.g., operating in SafeMode)[ capability information is interpreted as parameter and safe mode is interpreted as first mode] ;
failing, by the terminal device, to access a network device (see para 0081 “Act 5-1 comprises detecting an abnormal operation of the wireless terminal”),
failing to register with the network device, or failing to be capable of camping on a network of the network device (see para 0081 “Act 5-2 comprises generating a restricted capability indication configured to indicate to the access node that one or more capabilities supported by the wireless terminal is temporarily not available, e.g., not available for allocation and/or configuration, at the wireless terminal. Act 5-2 may be performed by restricted capability indicator 76”) ; and
performing, by the terminal device, access to the network device in the first mode by the first parameter (see para 0014” the UE may decide to enter (autonomously or based on a permission from the access node) one of plural levels of restricted capability operation. The plural levels of restricted capability operation correspond to plural degrees of severity of local condition within the UE. In Network based operation, if the network supports Safe mode operation, the UE may decide to inform the network of its impending condition/situation and wait for a respond on how to act. Depending on the network response, the UE may continue to operate within a set of capability restrictions for a pre-defined period of time”)
Regarding claim 14, Shaheen teaches a communication method, comprising:
storing, by a network device, a first parameter usable by the network device in a first mode(see para 0013 “receive from the access node an indication as to the access node's capability to support one or more wireless terminals operating with one or more restricted capabilities (e.g., operating in SafeMode)[ capability information is interpreted as parameter and safe mode is interpreted as first mode]);
receiving, by the network device, first indication information from a terminal device, wherein the first indication information indicates is useable to indicate to the terminal device to perform access to the network device in the first mode(See para 0089 “wireless terminal 26 as responding to the UECapabilitiesRequest message 7D-2 with CapabilitiesReport message 7D-3, which includes the sought listing of safe mode capabilities for wireless terminal 26. The CapabilitiesReport message 7D-3 is thus an example of another message wherein the wireless terminal 26 provides a listing of further available capabilities of the wireless terminal when requested for the further listing by the access node”).; and communicating, by the network device, with the terminal device in the first mode with the first parameter. see para 0014” the UE may decide to enter (autonomously or based on a permission from the access node) one of plural levels of restricted capability operation. The plural levels of restricted capability operation correspond to plural degrees of severity of local condition within the UE. In Network based operation, if the network supports Safe mode operation, the UE may decide to inform the network of its impending condition/situation and wait for a respond on how to act. Depending on the network response, the UE may continue to operate within a set of capability restrictions for a pre-defined period of time”)
Regarding claim 18, Shaheen (US2019/0394668 A1) A communication apparatus, comprising a processor and a memory, wherein the processor is coupled to the memory, the memory is configured to store a non-transitory instructions, computer program; and the processor is configured to execute the non- transitory instructions (see para 0136- para 0137 “node or terminal, as comprising one or more processor(s) circuits 140, program instruction memory 14…The program instruction memory 142 may comprise coded instructions which, when executed by the processor(s), perform acts including but not limited to those described herein”) thereby causing the communication apparatus to perform operations comprising:
storing a first parameter usable by the terminal device in a first mode (see para 0013 “receive from the access node an indication as to the access node's capability to support one or more wireless terminals operating with one or more restricted capabilities (e.g., operating in SafeMode)[ capability information is interpreted as parameter and safe mode is interpreted as first mode]);
failing to access a network device (see para 0081 “Act 5-1 comprises detecting an abnormal operation of the wireless terminal”),
failing to register with the network device, or failing to be capable of camping on a network of the network device (see para 0081 “Act 5-2 comprises generating a restricted capability indication configured to indicate to the access node that one or more capabilities supported by the wireless terminal is temporarily not available, e.g., not available for allocation and/or configuration, at the wireless terminal. Act 5-2 may be performed by restricted capability indicator 76”) ; and
performing, by the terminal device, access to the network device in the first mode by the first parameter see para 0014” the UE may decide to enter (autonomously or based on a permission from the access node) one of plural levels of restricted capability operation. The plural levels of restricted capability operation correspond to plural degrees of severity of local condition within the UE. In Network based operation, if the network supports Safe mode operation, the UE may decide to inform the network of its impending condition/situation and wait for a respond on how to act. Depending on the network response, the UE may continue to operate within a set of capability restrictions for a pre-defined period of time”)
Regarding claim 2, Shaheen teaches sending, by the terminal device, first indication information to the network device, wherein the first indication information is useable to indicate to the terminal device to perform access to the network device in the first mode (See para 0089 “wireless terminal 26 as responding to the UECapabilitiesRequest message 7D-2 with CapabilitiesReport message 7D-3, which includes the sought listing of safe mode capabilities for wireless terminal 26. The CapabilitiesReport message 7D-3 is thus an example of another message wherein the wireless terminal 26 provides a listing of further available capabilities of the wireless terminal when requested for the further listing by the access node”).
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.
6. 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.
7. Claim(s) 3, 4,15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaheen (US2019/0394668 A1) in view of Jiang (US 20150036506 A1).
Regarding claim 3, 15, Shaheen doesn’t teach wherein the first parameter comprises at least one of the following parameters:
Jiang US 20150036506 A1 teaches a parameter related to performing uplink synchronization and downlink synchronization, a parameter related to access stratum, a parameter related to non-access stratum security, a parameter related to registration, or a parameter related to a data service, a voice service, or a short message service .(See para 0118 “he second capability information indicates that the second network device supports a data transmission based on a specified QoS parameter.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of invention to combine a parameter related to a data service in the system of Shaheen. The motivation is to improve data transmission reliability (Jiang: see para 0071)
Regarding claim 4, 16, Shaheen doesn’t teach
the parameter related to performing the uplink synchronization and downlink synchronization comprises at least one of the following parameters:
a configuration parameter related to cell selection, a configuration parameter of an initial
bandwidth part initial (BWP) or an access frequency band resource, a parameter related to a control resource (set 0), a configuration parameter [[used]] useable for search control of paging and random access, a configuration parameter of a physical downlink control channel (PDCCH) and a physical downlink shared channel (PDSCH), a configuration parameter of a random access channel (RACH) resource, a configuration parameter of a physical uplink control channel (PUCCH) resource, a power control parameter, a time division duplex (TDD) ratio parameter, [[and]] or a subcarrier spacing; and/or the parameter related to the access stratum comprises at least one of the following parameters:
a configuration parameter of a signaling radio bearer (SRB) and a data radio bearer
(DRB), a media access control (MAC) layer parameter, a radio link control (RLC) layer
parameter, a packet data convergence protocol (PDCP) layer parameter, a service data
adaptation protocol (SDAP) layer parameter, a radio resource control (RRC) layer parameter,
a physical layer parameter, a logical channel configuration parameter, an RLC sequence number length, a PDCP sequence number length, a quality of service (QoS) parameter,
or a security algorithm configuration parameter; and/or
the parameter related to the non-access stratum security comprises:
a security-related parameter, and the security-related parameter comprises: a security key set identifier and/or or a security algorithm; and/or
the parameter related to performing the registration comprises:
a registration area identifier and/or or a terminal identifier; and/or
the parameter related to performing the data service, the voice service, or the short message service comprises at least one of the following parameters:
a rate of the data service, a rate of the voice service, a rate of the short message service, the QoS parameter, a resource of the data service, a resource of the voice service, or a resource of the short message service.
Jiang teaches the parameter related to performing the uplink synchronization and downlink synchronization comprises at least one of the following parameters:
a configuration parameter related to cell selection, a configuration parameter of an initial
bandwidth part initial (BWP) or an access frequency band resource, a parameter related to a control resource (set 0), a configuration parameter [[used]] useable for search control of paging and random access, a configuration parameter of a physical downlink control channel (PDCCH) and a physical downlink shared channel (PDSCH), a configuration parameter of a random access channel (RACH) resource, a configuration parameter of a physical uplink control channel (PUCCH) resource, a power control parameter, a time division duplex (TDD) ratio parameter, [[and]] or a subcarrier spacing; and/or the parameter related to the access stratum comprises at least one of the following parameters:
a configuration parameter of a signaling radio bearer (SRB) and a data radio bearer
(DRB), a media access control (MAC) layer parameter, a radio link control (RLC) layer
parameter, a packet data convergence protocol (PDCP) layer parameter, a service data
adaptation protocol (SDAP) layer parameter, a radio resource control (RRC) layer parameter,
a physical layer parameter, a logical channel configuration parameter, an RLC sequence number length, a PDCP sequence number length, a quality of service (QoS) parameter,
or a security algorithm configuration parameter; and/or
the parameter related to the non-access stratum security comprises:
a security-related parameter, and the security-related parameter comprises: a security key set identifier and/or or a security algorithm; and/or
the parameter related to performing the registration comprises:
a registration area identifier and/or or a terminal identifier; and/or
the parameter related to performing the data service, the voice service, or the short message service comprises at least one of the following parameters:
a rate of the data service, a rate of the voice service, a rate of the short message service, the QoS parameter, a resource of the data service, a resource of the voice service, or a resource of the short message service.(See para 0118 “he second capability information indicates that the second network device supports a data transmission based on a specified QoS parameter.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of invention to combine a parameter related to a data service in the system of Shaheen. The motivation is to improve data transmission reliability (Jiang: see para 0071)
8. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaheen (US2019/0394668 A1) in view of Lindoff ( US 20160095030).
Regarding claim 5, Shaheen doesn’t teach the first parameter is continuously reserved in response to the terminal device communicating with the network device in a mode other than the first mode.
Lindoff ( US 20160095030)teaches wherein the first parameter is continuously reserved in response to the terminal device communicating with the network device in a mode other than the first mode (see para 0104 “when the device is in active mode, reception of the heterogeneous network instruction message in step 256 may, according to some embodiments, correspond to the detection step 204 of FIG. 2A, and the heterogeneous network instruction message may comprise an instruction to store the connection setup parameters when an upcoming mode transfer is detected.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine the first parameter is continuously reserved in response to the terminal device communicating with the network device in a mode other than the first mode in the system of Shaheen. The motivation is to improve efficiency (Lindoff: see para 0007)
9. Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaheen (US2019/0394668 A1) in view of Kwon (US 20090209265 A1)
Regarding claim 6, Shaheen doesn’t teach transmitting, by the terminal device, first data at a first rate, wherein the first rate is less than or equal to a first rate threshold.
Kwon teaches transmitting, by the terminal device, first data at a first rate, wherein the first rate is less than or equal to a first rate threshold. (see para 0037 “The licensed spectrum may include a bandwidth to provide at least one of a voice service and a data service that has a data rate of less than or equal to a threshold.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of invention to combine transmitting first data at a first rate wherein the first rate of first data transmitted by the terminal device is less than or equal to a first rate threshold in the system of Shaheen. The motivation is to improve the power efficiency of the mobile system (Kwon: see para 0059)
Regarding claim 7, Shaheen doesn’t teach transmitting, by the terminal device, first data at a first rate, wherein when the first data transmitted by the terminal device is voice service data or short message service data, the first rate of the first data is less than or equal to a second rate threshold in response to the first data being voice service data or short message service data; or
when the first data transmitted by the terminal device is non voice service data or non short message service data, the first rate of the first data is less than or equal to a third rate threshold in response to the first data being service data other than the voice service data or service data other than the short message service data.
Kwon teaches transmitting, by the terminal device, first data at a first rate, wherein when the first data transmitted by the terminal device is voice service data or short message service data, the first rate of the first data is less than or equal to a second rate threshold in response to the first data being voice service data or short message service data; or
when the first data transmitted by the terminal device is non voice service data or non short message service data, the first rate of the first data is less than or equal to a third rate threshold in response to the first data being service data other than the voice service data or service data other than the short message service data. (see para 0037 “The initialization unit 210 may initialize transmitting and receiving of data using at least one of the licensed spectrum and the shared spectrum. The licensed spectrum may include a bandwidth to provide at least one of a voice service and a data service that has a data rate of less than or equal to a threshold.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of invention to combine the first data transmitted by the terminal device is voice service data or short message service data, the first rate of the first data is less than or equal to a second rate threshold in response to the first data being voice service data or short message service data in the system of Shaheen. The motivation is to improve the power efficiency of the mobile system (Kwon: see para 0059)
10. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaheen (US2019/0394668 A1) in view of Kimmek (US 20080192630 )
Regarding claim 8, Shaheen doesn’t teachtransmitting, by the terminal device, first data, wherein at least one of:
a data volume of the first data transmitted by the terminal device is less than or equal to
a first threshold; and/or a quantity of transmission times of the first data is less than or equal to a second threshold.
Kiimmek teaches transmitting, by the terminal device, first data, wherein at least one of: a data volume of the first data transmitted by the terminal device is less than or equal to a first threshold; and/or or
a quantity of transmission times of the first data is less than or equal to a second
threshold. (see para 00032 “If step S24 results in the fact that the volume is smaller than or equal to the threshold (NO), the operation progresses to step S26 according to which TDMA (time-division multiplex”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine a quantity of transmission times of the first data is less than or equal to a second threshold in the system of Shaheen. The motivation is to improve efficiency (Kiimmeck: see para 0019)
11. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaheen (US2019/0394668 A1) in view of Jung (US 20160302151)
Regarding claim 10, Shaheen doesn’t teach the terminal device has no accessible first network, a quantity of radio resource control (RRC) connection setup failures of the terminal device reaches L, or a quantity of RRC connection reestablishment failures of the terminal device reaches M; and/or or
the failing, by the terminal device, in registering to register with the network device
comprises: a quantity of registration failures reaches N, wherein L, M, and N are positive integers.
Jung (US 20160302151) teaches the failing, by the terminal device, in accessing a to access the network device comprises:
the terminal device has no accessible first network, a quantity of radio resource
control (RRC) connection setup failures of the terminal device reaches L, or a quantity of RRC connection reestablishment failures of the terminal device reaches M(See para 0006 “in the terminal, an RRC connection failure may repeatedly occur during the RRC connection procedure with a specific cell.”; see para 0010 “the number of times of failure is more than a predetermined number (N) of times”); and/or or
the failing, by the terminal device, in registering to register with the network device
comprises: a quantity of registration failures reaches N, wherein L, M, and N are positive integers (see para 0161 “the terminal fails in N consecutive RRC connection establishment attempts.”),
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine quantity of RRC connection reestablishment failures of the terminal device reaches M in the system of Shaheen. The motivation is to provide improvement of a service quality (Jung: see para 0004)
12. Claim(s) 9, 11, 13 , 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaheen (US2019/0394668 A1) in view of SCHUBERT (US 20180337870 A1)
Regarding claim 9, SCHUBERT (US 20180337870 A1) teaches The communication method according to claim 1, wherein at least one of:
a quantity of times that the terminal device enters the first mode is less than or equal to a first quantity threshold (See para 0217 “For example, an operational safety mode learning period is active when a count for a number of instances the device 600 has entered the operational safety mode is below a threshold count.”);
a quantity of times that the terminal device enters the first mode is less than or equal to a second quantity threshold; or
a quantity of access times in the first mode that the terminal device performs service
transmission is less than or equal to a third quantity threshold.
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine a quantity of times that the terminal device enters the first mode is less than or equal to a first quantity threshold in the system of Shaheen. The motivation is to increase the effectiveness, efficiency (SCHUBERT: See para 0019)
Regarding claim 11, Shaheen doesn’t teach sending, by the terminal device, second indication information, wherein the second indication information indicates is useable to indicate to exit the first mode.
SCHUBERT teaches sending, by the terminal device, second indication information, wherein the second indication information indicates is useable to indicate to exit the first mode (see para 0217 “the device 600 exits the operational safety mode of FIG. 6B based on detecting that the first and/or set of operational safety mode initiation criteria are no longer satisfied (e.g., instantly not satisfied or continuously not satisfied for a predetermined period of time), and/or based on manual user request to exit the operational safety mode.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine sending second indication information which indicates to exit the first mode in the system of Shaheen. The motivation is to increase the effectiveness, efficiency (SCHUBERT: See para 0019)
Regarding claim 13, Shaheen doesn’t teach detecting, by the terminal device, whether the terminal device accesses the network device in a second mode, and exiting the first mode in response to the terminal device detecting that the network device accesses the network device in the second mode, wherein the second mode is different from the first mode, or receiving, by the terminal device, third indication information from the network device,
wherein the third indication information is useable to indicate to the terminal device to exit the first mode.
SCHUBERT teaches detecting, by the terminal device, whether the terminal device accesses the network device in a second mode, and exiting the first mode in response to the terminal device detecting that the network device accesses the network device in the second mode, wherein the second mode is different from the first mode, or
receiving, by the terminal device, third indication information from the network device,
wherein the third indication information is useable to indicate to the terminal device to exit the first mode. (see para 0217 “the device 600 exits the operational safety mode of FIG. 6B based on detecting that the first and/or set of operational safety mode initiation criteria are no longer satisfied (e.g., instantly not satisfied or continuously not satisfied for a predetermined period of time), and/or based on manual user request to exit the operational safety mode.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine sending second indication information which indicates to exit the first mode in the system of Shaheen. The motivation is to increase the effectiveness, efficiency (SCHUBERT: See para 0019)
Regarding claim 17, Shaheen doesn’t teach sending, by the network device, third indication information to the terminal device, wherein the third indication information is useable to indicate to the terminal device to exit the first mode.
SCHUBERT teaches sending, by the network device, third indication information to the terminal device, wherein the third indication information is useable to indicate to the terminal device to exit the first mode. (see para 0217 “the device 600 exits the operational safety mode of FIG. 6B based on detecting that the first and/or set of operational safety mode initiation criteria are no longer satisfied (e.g., instantly not satisfied or continuously not satisfied for a predetermined period of time), and/or based on manual user request to exit the operational safety mode.”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of the invention to combine sending second indication information which indicates to exit the first mode in the system of Shaheen. The motivation is to increase the effectiveness, efficiency (SCHUBERT: See para 0019)
13. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaheen (US2019/0394668 A1) in view of Makharia US 20140038607 A1
Regarding claim 12, Shaheen doesn’t teach receiving, by the terminal device, system information of the network device, and exiting, by the terminal device, the first mode in response to the system information being correctly parsed; or
exiting, by the terminal device, the first mode in response to the terminal device reselects reselecting another network or another cell.
Makharia US 20140038607 A1teaches receiving, by the terminal device, system information of the network device, and exiting, by the terminal device, the first mode in response to the system information being correctly parsed; or
exiting, by the terminal device, the first mode in response to the terminal device reselects reselecting another network or another cell. (see para 0056 “The first cell may be selected as an initial cell selection, e.g., upon powering on the UE 106 (or possibly after powering on a radio of the UE 106, e.g., upon exiting a limited-operation or "airplane mode").”)
Thus it would have been obvious to a person with ordinary skills in the art before the effective filing date of invention to combine exiting the first mode in response to the terminal device reselects reselecting another network or another cell in the system of Shaheen. The motivation is to achieve improvements in wireless communication systems (Makharia: see para 0005)
Conclusion
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/PAMIT KAUR/Examiner, Art Unit 2416