DETAILED ACTION
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 .
Claim Rejections - 35 USC § 102
2. 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 (i.e., changing from AIA to pre-AIA ) 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.
3. 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.
4. Claims 1-3, 5, 6, 13-15, 17 and 10-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luo et al. (US 2018/0146492 A1, hereinafter “Luo”).
Regarding claims 1, 13 and 20, Luo teaches a method, comprising: transmitting, by station multi-link device (STA MLD) (e.g., UE 904 of fig. 9. Figs. 1, 2, 10A, 10B, 13-15, ¶ [0037], ¶ [0141], ¶ [0147], The apparatus 1302′ may be a transmission device, such as the BS 110 or UE 120 of FIG. 1, the TRPs 508 of FIG. 5, the TRPs 902-1 and 902-2 or UE 904 of FIG. 9, the TRPs 1002-1 and 1002-2 or UE 1004 of FIG. 10, and/or the like. ¶ [0114], ¶ [0150], the apparatus 1302/1302′ for wireless communication includes means for obtaining information indicating that a portion of a first traffic flow to be transmitted on a first link is to be interrupted by a second traffic flow to be transmitted on the first link, the first traffic flow being scheduled for transmission before the information is obtained, means for transmitting information associated with the portion of the first traffic flow on a second link that is different than the first link, and/or the like.), at least a first portion of a first element of uplink data via a first link (figs. 9-12. ¶ [0102], ¶ [0147], ¶ [0150]); identifying, by the STA MLD, a second element of data (figs. 9-12. ¶ [0103], ¶ [0147], ¶ [0150]); interrupting, by the STA MLD, the transmission of the first element of data to transmit the second element of uplink data via the first link (figs. 9-12. ¶ [0100], ¶ [0103], ¶ [0104], ¶ [0147], ¶ [0150], the apparatus 1302/1302′ (TRP or UE) for wireless communication includes means for obtaining information indicating that a portion of a first traffic flow to be transmitted on a first link is to be interrupted by a second traffic flow to be transmitted on the first link); and transmitting, by the STA MLD, a remaining portion of the first element of uplink data via a second link (figs. 9-12, ¶ [0147], The apparatus 1302′ may be a transmission device, such as the BS 110 or UE 120 of FIG. 1, the TRPs 508 of FIG. 5, the TRPs 902-1 and 902-2 or UE 904 of FIG. 9, the TRPs 1002-1 and 1002-2 or UE 1004 of FIG. 10, ¶ [0111], the information associated with the portion of the first traffic flow may include additional and/or alternative information. ¶ [0107], ¶ [0120], transmit the control information and the portion of the first traffic flow on the second link 1008. ¶ [0150], means for transmitting information associated with the portion of the first traffic flow on a second link that is different than the first link, and/or the like).
Regarding claims 2 and 14, Luo teaches the method of claim 1, wherein the second element of data comprises deterministic data that has a higher transmission priority than the first element of uplink data (¶ [0011], ¶ [0071], ¶ [0103], In some aspects, the second traffic flow may be associated with a lower latency (e.g., a lower latency threshold) and/or a higher priority than the first traffic flow. ¶ [0147] and ¶ [0150]).
Regarding claims 3 and 15, Luo teaches the method of claim 1, wherein the first and second links connect the STA MLD to an access point multi-link device (AP MLD) (figs. 9-10B, 13, ¶ [0037], ¶ [0114]).
Regarding claims 5 and 17, Luo teaches the method of claim 3, comprising communicating, by the STA MLD and to the AP MLD, a defined preemption sequence between the first link and the second link (figs. 9-10B, 13, ¶ [0107], ¶ [0118]-¶ [0122], ¶ [0147], ¶ [0150]).
Regarding claim 6, Luo teaches the method of claim 1, wherein:, the first link connects the STA MLD to a first access point multi-link device (AP MLD), and the second link connects the STA MLD to a second AP MLD (figs. 9-10B, 14, ¶ [0037], ¶ [0114], ¶ [0141], ¶ [0147], The apparatus 1302′ may be a transmission device, such as the BS 110 or UE 120 of FIG. 1, the TRPs 508 of FIG. 5, the TRPs 902-1 and 902-2 or UE 904 of FIG. 9, the TRPs 1002-1 and 1002-2 or UE 1004 of FIG. 10, and/or the like. ¶ [0150], the apparatus 1302/1302′ for wireless communication includes means for obtaining information indicating that a portion of a first traffic flow to be transmitted on a first link is to be interrupted by a second traffic flow to be transmitted on the first link, the first traffic flow being scheduled for transmission before the information is obtained, means for transmitting information associated with the portion of the first traffic flow on a second link that is different than the first link, and/or the like).
Regarding claim 21, Lou teaches the method of claim 1, further comprising: receiving, by the STA MLD, at least a first portion of a third element of downlink data via a third link, the third link connecting the STA MLD to a first AP MLD (figs. 5, 9-10B); and receiving, by the STA MLD, a remaining portion of the third element of downlink data via a fourth link, the fourth link connecting the STA MLD to a second AP MLD (figs. 5, 9-12, ¶ [0100], ¶ [0106], the TRP 902-1 may transmit the first traffic flow to the UE 904 on the first link. As further shown, the TRP 902-1 may transmit the second traffic flow on the first link, which may lead to interruption of the first traffic flow by the second traffic flow. ¶ [0107], the TRP 902-1 may provide control information to the TRP 902-2 for transmission on the second link. The control information may include information associated with the portion of the first traffic flow that is interrupted by the second traffic flow. In some aspects, the information associated with the portion of the first traffic flow may include the portion of the first traffic flow [0113], ¶ [0114], ¶ [0116]).
Regarding claim 22, Luo teaches the method of claim 21, wherein the first AP MLD forwards the remaining portion of the third element of downlink data to the second AP MLD in response to identifying a fourth element of downlink data, and the fourth element of downlink data comprises deterministic data that has a higher transmission priority than the third element of downlink data (figs. 9-10B, ¶ [0107], the TRP 902-1 may provide the information associated with the portion of the first traffic flow to the TRP 902-2. The TRP 902-2 provides the information associated with the portion of the first traffic flow to the UE 904. ¶ [0114], ¶ [0119], ¶ [0135], wherein the second traffic flow has lower latency or a higher priority than the first traffic flow.).
Regarding claim 23, Luo teaches the method of claim 21, wherein the third and fourth links operate on a same frequency band (¶ [0048], ¶ [0129]).
Claim Rejections - 35 USC § 103
5. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
8. Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lou in view of Zhou et al. (US 2018/0206174 A1, hereinafter “Zhou”).
Regarding claims 4 and 16, Luo teaches the method of claim 3.
Luo does not explicitly teach further comprising transmitting, by the STA MLD, at least one of a cyclic redundancy check (CRC), or a tag indicating the second link, to the AP MLD via the first link.
However, it is well known in the art to transmit, by the first network device, CRC to the second network device via a first link, as evidenced by ¶ [0112] and ¶ [0119] of Zhou.
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to transmit, by the STA MLD, CRC to the AP MLD via the first link in the system of Lou to utilize conventional techniques in the art.
9. Claims 7-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Luo.
Regarding claim 7, Luo teaches the method of claim 6.
Luo does not explicitly teach wherein the second AP MLD transmits the remaining portion of the first element of uplink data to the first AP MLD.
However, Luo teaches the first network/transmitting device comprises a STA MLD (Figs. 13, 14, ¶ [0037], ¶ [0141], ¶ [0147], ¶ [150]). Luo further teaches the second AP MLD transmits the remaining portion of the first element of data to the receiving device (figs. 9-10B, ¶ [0107], the TRP 902-1 may provide the information associated with the portion of the first traffic flow to the TRP 902-2. The TRP 902-2 provides the information associated with the portion of the first traffic flow to the UE 904. ¶ [0114], ¶ [0004]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to utilize the method of Luo for uplink communications/transmissions (i.e., to transmit, the remaining portion of the first element of data, from the STA MLD (transmitting device) to the first AP MLD (receiving device) via the second/relay AP MLD) in the system of Luo to improve industrial applicability.
Regarding claim 8, Luo teaches the method of claim 7.
Luo does not explicitly teach wherein the first AP MLD, upon receiving the remaining portion of the first element of uplink data, combines the remaining portion and the first portion of the first element of uplink data, and transmits the first element of uplink data to a destination.
However, Luo teaches wherein the receiving device, upon receiving the remaining portion of the first element of data, combining the remaining portion and the first portion of the first element of data (Figs. 9-12, ¶ [0120], the UE 1004 may selectively perform processing to combine signals received in the first traffic flow via the first link (e.g., an uninterrupted portion of the first traffic flow) with signals received in the portion of the first traffic flow via the second link. Figs. 13, 14, ¶ [0037], ¶ [0141], ¶ [0147], ¶ [150]). Luo further teaches the AP transmitting the first element of data to a destination (figs. 1, 2, 5, 6, 9-12. ¶ [0004]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, utilize the method of Luo for uplink transmission (i.e., to transmit, the remaining portion of the first element of uplink data, from the STA MLD (transmitting device) to the first AP MLD (receiving device) via the second AP MLD and the receiving device (i.e. first AP MLD) to combine, upon receiving the remaining portion of the first element of uplink data, the remaining portion and the first portion of the first element of uplink data received via the first link and the second link, and to transmit the first element of uplink data to a destination) in the system of Luo to improve industrial applicability.
Regarding claim 9, Luo teaches the method of claim 6, wherein the first and second links operate on a same frequency band (¶ [0048], ¶ [0129]).
Regarding claim 18, Luo teaches the system of claim 13, wherein: the first link connects the STA MLD to a first access point multi-link device (AP MLD), the second link connects the STA MLD to a second AP MLD (figs. 9-10B, 14, ¶ [0037], ¶ [0114], ¶ [0141], ¶ [0147], The apparatus 1302′ may be a transmission device, such as the BS 110 or UE 120 of FIG. 1, the TRPs 508 of FIG. 5, the TRPs 902-1 and 902-2 or UE 904 of FIG. 9, the TRPs 1002-1 and 1002-2 or UE 1004 of FIG. 10, and/or the like. ¶ [0150], the apparatus 1302/1302′ for wireless communication includes means for obtaining information indicating that a portion of a first traffic flow to be transmitted on a first link is to be interrupted by a second traffic flow to be transmitted on the first link, the first traffic flow being scheduled for transmission before the information is obtained, means for transmitting information associated with the portion of the first traffic flow on a second link that is different than the first link, and/or the like. ¶ [0004]).
Luo does not explicitly teach the second AP MLD transmits the remaining portion of the first element of uplink data to the first AP MLD.
However, Luo teaches the second AP MLD transmits the remaining portion of the first element of data to the receiver (figs. 9-10B, ¶ [0107], the TRP 902-1 may provide the information associated with the portion of the first traffic flow to the TRP 902-2. The TRP 902-2 provides the information associated with the portion of the first traffic flow to the UE 904. ¶ [0114]. ¶ [0004]) and the receiver combines the received data (Figs. 9-12, ¶ [0120], the UE 1004 may selectively perform processing to combine signals received in the first traffic flow via the first link (e.g., an uninterrupted portion of the first traffic flow) with signals received in the portion of the first traffic flow via the second link. Figs. 13, 14, ¶ [0037], ¶ [0141], ¶ [0147], ¶ [150]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to utilize the method of Luo for uplink communications/transmission (i.e., to transmit, the remaining portion of the first element of uplink data, from the STA MLD (transmitting device) to the first AP MLD (receiving device) via the second AP MLD and to combine the uplink data received via the first link and the second link ) in the system of Luo to improve industrial applicability.
Response to Arguments
10. Applicant's arguments filed on December 16, 2025 have been fully considered but they are not persuasive.
11. Applicant argues “…Claim 1, 13, and 20 have been amended to recite "transmitting, by a station multi- link device (STA MLD), at least a first portion of a first element of uplink data via a first link," "identifying, by the STA MLD, a second element of uplink data," "interrupting, by the STA MLD, the transmission of the first element of uplink data to transmit the second…Applicant submits that the cited reference fails to teach or suggest at least these elements of the claims…”
Examiner submits that Luo teaches the amended claims 1, 13 and 20, as set forth above.
Conclusion
12. 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.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached at 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477