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.
Claim(s) 1, 3-6, 8-12, 14-17, 19-21, 23-26 and 29-36 are rejected under 35 U.S.C. 103 as being unpatentable over NEC Title: Discussion on PDU set for XR-awareness R2-2209846 (Applicant admitted prior art) in view of Kang et al. US 2024/0015577 A1.
Claims 1 and 17:
NEC discloses an apparatus for wireless communication at a target cell, comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor, is configured to cause the target cell to (See page 3, section 2.1.4, target eNB): receive an handover request message originating from a source cell for a user equipment (UE), wherein the handover request message includes protocol data unit (PDU) Set information for one or more PDU Sets (See page 3, section 2.1.4, target eNB receiving handover request message including PDU set information from the source eNB), and wherein the PDU set information includes content criteria for the one or more PDU Sets (See section 2.1.3, “If all PDUs are needed for a PDU Set and one PDU exceeds the deadline, PDU Set-based discard can be performed to save resources and unnecessary processing of PDUs”. In other words, nothing or all content criteria).
NEC doesn’t explicitly disclose Xn handover request message; communicate with the UE based on the PDU Set information for the one or more PDU Sets.
Kang discloses Xn handover request message (See para 90, “handover preparation (over X2/Xn interface in a handover preparation message); communicate with the UE based on the PDU Set information for the one or more PDU Sets (See para 90, “source cell may send this information to target cell during handover preparation (over X2/Xn interface in a handover preparation message). Target cell can then use this information for scheduling”. In other words, based on the information it schedules communication for the UE. Also see para 88).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NEC with the teachings of Kang to improve the method disclosed by NEC by including the feature of Xn handover and communicating based on PDU set information. The motivation to combine would have been to save resources by not sending redundant PDUs to the UE.
Claims 11 and 25:
NEC discloses an apparatus for wireless communication at a source cell, comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor, is configured to cause the source cell (See page 3, section 2.1.4, target eNB) to: send or receive a portion of one or more protocol data unit (PDU) Sets with a user equipment (UE) (See page 3, section 2.1.4, only a part of PDUs have been transmitted and acknowledged by the UE); and provide, to a target cell, an Xn handover request message including PDU Set information for the one or more PDU Set (See page 3, section 2.1.4, Source eNB sending handover request message including PDU set information to the target eNB) and wherein the PDU set information includes content criteria for the one or more PDU Sets (See section 2.1.3, “If all PDUs are needed for a PDU Set and one PDU exceeds the deadline, PDU Set-based discard can be performed to save resources and unnecessary processing of PDUs”. In other words, nothing or all content criteria).
NEC doesn’t explicitly disclose Xn handover request message; and wherein the PDU set information includes content criteria for the one or more PDU Sets.
Kang discloses Xn handover request message (See para 90, “handover preparation (over X2/Xn interface in a handover preparation message).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NEC with the teachings of Kang to improve the method disclosed by NEC by including the feature of Xn handover. The motivation to combine would have been to save resources by not sending redundant PDUs to the UE.
Claims 3, 12 and 26:
NEC discloses that the at least one processor is configured to cause the target/source cell to receive/send the PDU Set information (See page 3, section 2.1.4, target eNB receiving handover request message including PDU set information from the source eNB).
NEC doesn’t explicitly disclose that the at least one processor is configured to cause the target/source cell to receive/receive the PDU Set information over an Xn interface between the target cell and the source cell.
Kang discloses that the at least one processor is configured to cause the target/source cell to receive/send the PDU Set information over an Xn interface between the target cell and the source cell (See para 90, “if source cell has received a UE assistance information message…with…data unit or frame (or PDU set) size … source cell may send this information to target cell during handover preparation (over X2/Xn interface in a handover preparation message)”).
Claims 4 and 19:
NEC discloses that the PDU Set information includes first PDU Set information for one or more UL PDU Sets or second PDU Set information for one or more DL PDU Sets (See proposals 3, 4 and 5, on UL/DL PDU set information).
Claims 5 and 20:
NEC discloses receive buffered data for the one or more PDU Sets in transition between the source cell and the UE (See page 3, section 2.1.4, target eNB receiving other PDUs that have not been transmitted), wherein the buffered data comprises one or more downlink PDU Sets (See proposal 4, DL PDU set) for which at least one PDU was transmitted from the source cell to the UE (See page 3, section 2.1.4, PDU set that have been successfully acknowledged. In other words, transmitted to the UE and the UE acknowledged) and has at least one remaining PDU for transmission to the UE (See page 3, section 2.1.4, target eNB receiving other PDUs that have not been transmitted).
Claims 6 and 21:
NEC discloses that the PDU Set information for a PDU Set includes a PDU Set identifier and indicates a last transmitted PDU, a last discarded PDU, or a next expected PDU within a sequence of the PDU Set (See page 3, section 2.1.4, PDU Set SN, Start/End indication).
Claims 8 and 23:
NEC discloses receive buffered data for the one or more PDU Sets in transition between the source cell and the UE (See page 3, section 2.1.4, target eNB receiving other PDUs that have not been transmitted), wherein the buffered data comprises one or more uplink PDU Sets (See proposal 3, UL PDU set) for which at least one PDU was received at the source cell from the UE (See page 3, section 2.1.4, PDU set that have been successfully acknowledged. In other words, transmitted from the UE and acknowledged) and there is at least one remaining PDU (See page 3, section 2.1.4, target eNB receiving other PDUs that have not been transmitted).
NEC doesn’t disclose that the PDU Set information is received for each data radio bearer with at least one associated PDU Set for the UE.
Kang discloses that the application layer frame or data unit or frame (or PDU set) size can be signalled by a UE to a gNB on a per data radio bearer (DRB) basis (See para 83, “the application layer frame or data unit or frame (or PDU set) size can be signalled by a UE to a gNB on a per data radio bearer (DRB) basis”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NEC with the teachings of Kang to improve the method disclosed by NEC by including the feature of PDU set info per DRB. The motivation for doing so would have been to enable sorting packet per application.
Claims 9 and 24:
Kang discloses for each PDU Set of the one or more PDU Sets, the PDU Set information further includes at least one of a PDU size or a content criteria (See para 90, PDU set size).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NEC with the teachings of Kang to improve the method disclosed by NEC by including the feature of PDU Set size. The motivation to combine would have been to enable the target eNB to be aware of the length of communication with the UE during the handover.
Claim 10:
Kang discloses to transmit or receive communication with the UE via the at least one transceiver ((See para 90, “Target cell can then use this information for scheduling”. In other words, based on the information it schedules communication for the UE. Also see para 88 and fig. 8 transceiver).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NEC with the teachings of Kang to improve the method disclosed by NEC by including the feature of communicating via at least one transceiver. The motivation for doing so would have to been to complete transmission/reception of the data to the UE
Claims 14 and 29:
NEC discloses provide buffered data for the one or more PDU Sets to the target cell (See page 3, section 2.1.4, target eNB receiving other PDUs that have not been transmitted), wherein the buffered data comprises a downlink PDU Set s (See proposal 4, DL PDU set) for which at least one PDU was transmitted from the source cell to the UE (See page 3, section 2.1.4, PDU set that have been successfully acknowledged. In other words, transmitted to the UE and the UE acknowledged) and there is at least one remaining PDU for transmission to the UE (See page 3, section 2.1.4, target eNB receiving other PDUs that have not been transmitted), and wherein the PDU Set information for the one or more PDU Sets includes a PDU Set identifier and further indicates a last transmitted PDU, a last discarded PDU, or a next expected PDU within a sequence of a PDU Set (See page 3, section 2.1.4, PDU Set SN corresponds to identifier, Start/End indication).
Claims 15 and 30:
NEC discloses that the one or more PDU Sets includes is an uplink PDU Set (See proposal 3, UL PDU set), and wherein the PDU Set information includes at least one of: a PDU Set identifier for the uplink PDU Set for which the source cell has received at least one PDU (See page 3, section 2.1.4, PDU set that have been successfully acknowledged. In other words, transmitted from the UE and acknowledged) and has at least one remaining from the UE (See page 3, section 2.1.4, target eNB receiving other PDUs that have not been transmitted), and the PDU Set information includes a sequence number within a sequence of PDUs in a corresponding PDU Set that is expected to be received next, a sequence number of a PDU, within the sequence of PDUs in the corresponding PDU Set, that was last discarded, a PDU size, or a content criteria for the uplink PDU Set (See page 3, section 2.1.4, PDU Set SN, Start/End indication).
Claim 16:
NEC discloses at least one transceiver coupled to the at least one processor (See page 3, section 2.1.4, Source eNB), wherein the at least one transceiver is configured to transmit or receive the portion of the one or more PDU Sets with the UE via the at least one transceiver (See page 3, section 2.1.4, PDU set that have been successfully acknowledged. In other words, transmitted to the UE and the UE acknowledged).
Claim 31:
NEC discloses that the PDU Set information indicates an all or nothing criteria (See section 2.1.3, “If all PDUs are needed for a PDU Set and one PDU exceeds the deadline, PDU Set-based discard can be performed to save resources and unnecessary processing of PDUs”).
Claim 32:
NEC doesn’t disclose receive uplink PDU Set information from the UE.
Kang discloses receive uplink PDU Set information from the UE (See para 88, “a UE indicates in a UE assistance information message (or any other signalling message), application layer frame or data unit or frame (or PDU set) size as explained earlier (120)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NEC with the teachings of Kang to improve the method disclosed by NEC by including the feature of receiving PDU set information from the UE. The motivation for doing so would have been to have an up to date information on the remaining PDUs for transmission and/or reception.
Claim 33:
NEC doesn’t explicitly disclose that the uplink PDU Set information is comprised in UE assistance information.
Kang discloses that the uplink PDU Set information is comprised in UE assistance information (See para 90, “if source cell has received a UE assistance information message (or any other signalling message) with application layer frame or data unit or frame (or PDU set) size as explained earlier, source cell may send this information to target cell during handover preparation (over X2/Xn interface in a handover preparation message). Target cell can then use this information for scheduling”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NEC with the teachings of Kang to improve the method disclosed by NEC by including the feature of PDU set information in UE assistance information. The motivation would have been to save resources.
Claim 35:
NEC discloses that the content criteria is an all or nothing criteria (See section 2.1.3, “If all PDUs are needed for a PDU Set and one PDU exceeds the deadline, PDU Set-based discard can be performed to save resources and unnecessary processing of PDUs”).
Claim 36:
NEC discloses that the PDU Set information comprises first PDU Set information for one or more UL PDU Sets or second PDU Set information for one or more DL PDU Sets (See page 3, section 2.1.4, it is understood that either the PDU set information is DL or UL. Also see proposals 3 and 4, UL and DL).
Response to Arguments
Applicant's arguments filed 01/21/2026 have been fully considered but they are not persuasive.
With regards to claims 1, 11, 17 and 25, on page 2 of the applicant’s remarks, the applicant argues that NEC’s set based discarding doesn’t disclose content criteria.
The examiner respectfully disagrees. If at least one of the PDUs exceeds deadline then all of the PDUs are discarded. These PDUs include the content. Therefore, any criteria related to the PDUs is a criterion related to the content.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen US 2025/0159556 A1 discloses data transmission of an embodiment of the present application, the transmission processing mode of the target PDU set includes: [0010] transmitting, at a source base station, all PDUs belonging to the target PDU set completely, where the source base station is a base station which the terminal accesses before handover. Malik et al. US US 20240121663 A1 B1 discloses Xn handover and N2 handover, the target NG-RAN 1804 provides to the SMF 1846 with an indication of whether the target NG-RAN node 1814 supports PDU Set based handling, as specified in 3GPP TS 38.413.
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 HASHIM S BHATTI whose telephone number is (571)270-7748. The examiner can normally be reached Mon-Fri 9:00am-5:30pm.
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HASHIM S. BHATTI
Primary Examiner
Art Unit 2472
/HASHIM S BHATTI/Primary Examiner, Art Unit 2475