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 .
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.
3. 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.
4. Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over
JOHANSSON NICKLAS (WO/2021028397) in view of Zhang et al. (2023/0199543, newly cited)
For independent claims 1,5, and 10, JOHANSSON NICKLAS( WO/2021028397)
discloses:
a quality of experience (QOE) or application layer measurement method ( See
description , paragraphs 108 and 220, and details of Figures 7-8): an UE 100 performs
QoE at a radio device 1000 after a stop control message 808; the UE 100 stops 824C
the reporting of the results of the QoE measurements to or through a RAN 2000; an
access stratum layer 110 sends 840 a restart control command 842 to an application
layer 120 of the UE 100; the information in the QoE measurement report can be
expressed in the form of a time stamp, or can be expressed as an overall fraction of the
total duration of the measurement for which the UE is within the expected measurement
area. A RAN node 300 may send 702 a management message 704 704 to the RAN
node 200. The management message 704 comprises a measurement configuration file
comprising configuration data for the QoE measurement. A start control message 712
may be received 714 at the UE 100. Results are received at the access stratum layer
110, and transmitted 730 in a measurement report 732 to the RAN node 200. The report
732 is sent 736 as a report 738 to an operation node 300,e.g., to the MCE 330.
JOHANSSON NICKLAS( WO/2021028397) also discloses at least one processor ( See
box 1104 in figure 11 ) and one or more memories ( See box 1106 in figure 11).
For independent claim 1, JOHANSSON NICKLAS (WO/2021028397) discloses all
the subject matter of the claimed invention with the exception of a measurement results corresponding to the QoE measurement configuration information and the first identifier, wherein the first identifier is used by the first access network device to determine a task identifier in the first access network device, the task identifier is used to identify a measurement collection task in a communication network. Zhang et al. (2023/0199543) is cited to show a measurement result corresponding to the QoE measurement configuration information and the first identifier, wherein the first identifier is used by the first access network device to determine a task identifier in the first access network device, the task identifier is used to identify a measurement collection task ( See Zhang teaches that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify such that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use the a measurement result corresponding to the QoE measurement configuration information and the first identifier, wherein the first identifier is used by the first access network device to determine a task identifier in the first access network device, the task identifier is used to identify a measurement collection task in a communication network of JOHANSSON NICKLAS (WO/2021028397) for the purpose of identifying the location of the measurement task.
For independent claims 5 and 10 are rejected for the same reason as indicated in
claim 1.
For dependent claims 2, 4,6, 9, 11, and 13, JOHANSSON NICKLAS (WO/2021028397) discloses all the subject matter of the claimed invention with the exception of sending, by the user equipment to a second access network device, the measurement result corresponding to the QoE measurement configuration information and the first identifier; and wherein the operations further comprise: sending a handover request message to a second access network device, wherein the handover request message comprises a
correspondence between the first identifier , an address of the measurement
collection entity or a correspondence between the first identifier and the task identifier and wherein the task identifier comprises a QoE reference used to identify the measurement collection task or a trace reference used to identify the measurement collection task in a communication network. However, sending, by the user equipment to a second access network device, the measurement results corresponding to the QoE measurement configuration information and the first identifier; and wherein the operations further comprise: sending a handover request message to a second access network device, wherein the handover request message comprises a
correspondence between the first identifier and an address of the measurement
collection entity or a correspondence between the first identifier and the task identifier in
a communication network is well-known in the art. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use sending, by the user equipment to a second access network device, the measurement result corresponding to the QoE measurement configuration information and the first identifier; and wherein the operations further comprise: sending a handover request message to a second access network device, wherein the handover request message comprises a correspondence between the first identifier and an address of the measurement collection entity or a correspondence between the first identifier and the task identifier the first identifier is used by the first access network device to determine a task identifier in the first access network device, the task identifier is used to identify a measurement collection task and wherein the task identifier comprises a QoE reference used to identify the measurement collection task or a trace reference used to identify the measurement collection task in communication network of JOHANSSON NICKLAS (WO/2021028397) for the purpose of handover the second network.
For dependent claims 3,7,8, and 12 are rejected for the same reason as recited in
independent claims 1,5,,and 10.
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/422,499 or claim 1 of copending application 19/020,208 or claim 1 of copending application 19/992,966 or claim 1 of copending application 18/363,678.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1-20 of copending Application No. 18/422,499 or claim 1 of copending application 19/020,208 or 19/992,966 or 18/363,678 or 19/298,829,499 discloses:
a network optimization method
wherein the method further comprises: optimizing, by the first access network device and based on the second information, radio resource configuration corresponding to the PDU session;
a quality of experience measurement method applied to a first radio access network (RAN) device, comprising: sending a handover request for a user equipment (UE) to a second RAN device, wherein the first RAN device configures a quality of experience (QoE) measurement task for the UE;receiving a handover acknowledgment message from the second RAN device in response to the handover request; and sending an access handover instruction to the UE, wherein the access handover instruction is used by the UE to determine a target QoE measurement task in the QoE measurement task, and the target QoE measurement task is a QoE measurement task that the UE keeps executing after accessing the second RAN device.
wherein the identification information further comprises at least one quality of service (QoS) flow identifier corresponding to the PDU session identifier; before the optimizing the radio resource configuration corresponding to the PDU session, the method further comprises: determining at least one data radio bearer (DRB) corresponding to the at least one QoS flow identifier; and the optimizing the radio resource configuration corresponding to the PDU session comprises: optimizing configuration of the at least one DRB corresponding to the PDU session;
wherein the second information is sent in
wherein the method further comprises: sending, by the first access network device, a second application layer measurement result to a second access network device, wherein the second application layer measurement result is obtained based on the first application layer measurement result, and the terminal device is connected to the first access network device and the second access network device simultaneously;
wherein the second application layer measurement result is the same as the first application layer measurement result in response to replication being used for a split bearer corresponding to the first access network device and the second access network device; the second application layer measurement result is different from the first application layer measurement result in response to non-replication being used for the split bearer corresponding to the first access network device and the second access network device;
wherein the first application layer measurement result or the second application layer measurement result comprises a measurement result of at least one measurement metric; and the at least one measurement metric comprises at least one of an average throughput metric, an initial playout delay metric, a buffer level metric, a playout delay metric, a corruption duration metric, a successive loss of packets metric, a jitter duration metric, a synchronization loss duration metric, a round-trip time metric, an average codec bitrate metric, a comparable quality viewpoint switching latency metric or a freezing metric;
wherein the service type comprises at least one : a multimedia telephony service type, a streaming media service type, a multimedia broadcast type/multicast service type, a virtual reality service type or an extended reality service type; and
first access network device, comprising: at least one processor; and one or more memories configured to store non-transitory instructions, the at least one processor being configured to execute the non-transitory instructions, thereby causing the first access network device to perform operations comprising: sending first information to a terminal device, wherein the first information comprises application layer measurement configuration information, network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and receiving second information from the terminal device, wherein the second information comprises a first application layer measurement result corresponding to the first information and identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session.
The applicant's claims 1-13 broaden the scope of copending application 18/422,499 of claims 1-20 by eliminating “ network slice scope information or a service type, and the network slice scope information comprises at least one network slice identifier; and the identification information comprises an identifier of a protocol data unit (PDU) session “ from claims 1 ,9,and 15 of the copending application 18/422,499 or “the handover request” from the claim 1 of the copending application 19/298.829. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not need would be obvious to one skilled in the art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
For claims 1-13, claims 1-20 of copending Application No. 18/422,499 or claim 1 of copending application 19/020,208 or claim 1 of copending application 19/992,966 disclose all the subject matter of the claimed invention with the exception of QoE measurement information in a communications network. Zhang et al. (2023/0199543) is cited to show QoE measurement information ( Zhang teaches that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session (“Step 1: The UE collects the RAN-visible QoE measurement results and prepares the QoE report. If the QoE values are configured to be generated by the UE, the UE calculates the RAN-visible QoE values and then prepares the QoE report. In some embodiments, the UE checks the reporting method in the RAN-visible QoE configuration” – See [0238]; “Step 2: The UE sends the RAN-visible QoE report to the NG-RAN node” – See [0242]; “the RAN-visible QoE report includes at least one of the following: … a Protocol Data Unit (PDU) session Id” – See [0228]-[0231]; The RAN node receives, from the UE, second information comprising a first QoE/application layer measurement result and a PDU session ID (identifier of a PDU session)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Application No. 18/484396 such that the application layer measurement result comprises identification information corresponding to the first application layer measurement result, and the identification information comprises an identifier of a protocol data unit (PDU) session. Motivation for doing so would be to provide various parameters related to the application layer measurements to the first access network device in a RAN visible QoE measurement report). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use the QoE information as taught by Zhang et al. in the communications of claims 1-20 of copending application No. 18/422,499 or claim 1 of copending application 19/020,208 or claim 1 of copending application 19/992,966 or claim 1 of copending application 18/363,678 for the purpose of providing the information of QoE.
7. Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272-3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476