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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1-2, 4-5, 8-12, 14, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al (US 2021/0212088). Hereinafter referred to as Lee.
Regarding claims 1 and 11. Lee discloses a data transmission method, suitable for a communication device, the communication device communicatively connected to a base station, comprising: receiving a configured grant from the base station, wherein the configured grant is used for scheduling a periodical resource, wherein the periodical resource is used for transmitting a data to the base station (see at least fig. 6 and paragraphs [0077]-[0085]); transmitting a first part of the data and a first request indication to the base station through the periodical resource, wherein the first request indication is used for requesting a first additional resource from the base station (see at least fig. 6 and paragraphs [0077]-[0085]); and detecting that the first additional resource is obtained before transmitting a second part of the data through the periodical resource, and transmitting the second part of the data to the base station through the first additional resource, in response to obtaining the first additional resource (see at least fig. 6 and paragraphs [0077]-[0085]).
Regarding claims 2 and 12, Lee discloses a data transmission further comprising: comparing whether a data length of the data is greater than a transmittable data length of the periodical resource within a single period; and when obtaining that the data length of the data is greater than the transmittable data length of the periodical resource within the single period, generating the first request indication (see at least fig. 6 and paragraphs [0077]-[0085]).
Regarding claims 4 and 14. Lee discloses a data transmission further comprising: when obtaining that a data length of the second part of the data is greater than a transmittable data length of the first additional resource, transmitting a second request indication to the base station through the first additional resource, so as to request a second additional resource according to the second request indication from the base station (see at least fig. 6 and paragraphs [0077]-[0085]).
Regarding claim 5 and 15. Lee discloses data transmission method further comprising receiving a feedback message transmitted by the base station based on the first request indication, wherein the feedback message comprises a dynamic configured grant or a dynamic grant, so as to indicate the first additional resource (see at least fig. 6 and paragraphs [0077]-[0085]).
Regarding claims 8 and 18. Lee discloses a data transmission method wherein the first request indication carries a data length of the second part of the data, for the base station to generate at least one resource allocation based on the data length in the first request indication, so as to generate a feedback message (see at least paragraph [0072]).
Regarding claims 9 and 19. Lee discloses a data transmission method wherein the first request indication carries a resource label to be obtained by the communication device, for the base station to generate at least one resource allocation based on the resource label in the first request indication, so as to generate a feedback message (see at least fig. 6 and paragraphs [0077]-[0085]).
Regarding claims 10 and 20. Lee discloses a data transmission method wherein the data comprises extended reality (XR) data (see at least figures 1 and 6: UE are commonly processing extended reality data).
Claim Rejections - 35 USC § 103
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.
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, 4-5, 8-12, 14-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al (US 2018/0368174, hereinafter referred to as Jeon-174) in view of Jeon et al (US 2023/0328746, hereinafter referred to as Jeon-746).
Regarding claims 1 and 11, Jeon-174 discloses a data transmission method, suitable for a communication device, the communication device communicatively connected to a base station, comprising receiving a configured grant from the base station, wherein the configured grant is used for scheduling a periodical resource, wherein the periodical resource is used for transmitting a data to the base station (see at least figure 20); transmitting a first part of the data and a first request indication to the base station through the periodical resource, wherein the first request indication is used for requesting a first additional resource from the base station (see at least paragraph [0206]: BSR is multiplexed with data to request additional resources).
Jeon-174 discloses all the limitations of the claimed invention with the exception of detecting that the first additional resource is obtained before transmitting a second part of the data through the periodical resource, and transmitting the second part of the data to the base station through the first additional resource, in response to obtaining the first additional resource. However, Jeon-746, from the same field of endeavor, teaches detecting that the first additional resource is obtained before transmitting a second part of the data through the periodical resource, and transmitting the second part of the data to the base station through the first additional resource, in response to obtaining the first additional resource (see at least abstract, paragraphs [0118], [0136] and [0163]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Jeon-746, as indicated, into the communication method of Jeon-174 for the purpose of improving uplink efficiency.
Regarding claims 2 and 12, Jeon-174 in view of Jeon-746 discloses a data transmission further comprising: comparing whether a data length of the data is greater than a transmittable data length of the periodical resource within a single period; and when obtaining that the data length of the data is greater than the transmittable data length of the periodical resource within the single period, generating the first request indication (Jeon-746: see at least paragraph [0141]).
Regarding claims 4 and 14. Jeon-174 in view of Jeon-746 discloses a data transmission further comprising: when obtaining that a data length of the second part of the data is greater than a transmittable data length of the first additional resource, transmitting a second request indication to the base station through the first additional resource, so as to request a second additional resource according to the second request indication from the base station (Jeon-746: see at least paragraph [0141]).
Regarding claim 5 and 15. Jeon-174 in view of Jeon-746 discloses a data transmission method further comprising receiving a feedback message transmitted by the base station based on the first request indication, wherein the feedback message comprises a dynamic configured grant or a dynamic grant, so as to indicate the first additional resource (Jeon-746: see at least paragraph [0141]).
Regarding claims 8 and 18. Jeon-174 in view of Jeon-746 discloses a data transmission method wherein the first request indication carries a data length of the second part of the data, for the base station to generate at least one resource allocation based on the data length in the first request indication, so as to generate a feedback message (Jeon-746: see at least paragraph [0146]).
Regarding claims 9 and 19. Jeon-174 in view of Jeon-746 discloses a data transmission method, wherein the first request indication carries a resource label to be obtained by the communication device, for the base station to generate at least one resource allocation based on the resource label in the first request indication, so as to generate a feedback message (see at least abstract, paragraphs [0118], [0136] and [0163]).
Regarding claims 10 and 20. Jeon-174 in view of Jeon-746 discloses a data transmission method wherein the data comprises extended reality (XR) data (see at least paragraph [0096]).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon-174 in view Jeon-746 and further in view of Tsai et al (US 2023/0040421). Hereinafter referred to as Tsai.
Regarding claims 6 and 16. Jeon-174 in view Jeon-746 discloses all the limitations of the claimed invention with the exception of detecting that the feedback message is not received before transmitting the second part of the data through the periodical resource, and transmitting the first request indication again when transmitting the second part of the data through the periodical resource, in response to not receiving the feedback message. However, Tsai, from the same field of endeavor, teaches detecting that the feedback message is not received before transmitting the second part of the data through the periodical resource, and transmitting the first request indication again when transmitting the second part of the data through the periodical resource, in response to not receiving the feedback message (see at least abstract and paragraph [0005]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Tsai, as indicated, into the communication method of Jeon-174 in view Jeon-746 for the purpose of improving data delivery and resource allocation.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Tsai et al (US 2023/0040421). Hereinafter referred to as Tsai.
Regarding claims 6 and 16. Lee discloses all the limitations of the claimed invention with the exception of detecting that the feedback message is not received before transmitting the second part of the data through the periodical resource, and transmitting the first request indication again when transmitting the second part of the data through the periodical resource, in response to not receiving the feedback message. However, Tsai, from the same field of endeavor, teaches detecting that the feedback message is not received before transmitting the second part of the data through the periodical resource, and transmitting the first request indication again when transmitting the second part of the data through the periodical resource, in response to not receiving the feedback message (see at least abstract and paragraph [0005]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Tsai, as indicated, into the communication method of Lee for the purpose of improving data delivery and resource allocation.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon-174 in view Jeon-746 and further in view of Tesanovic et al (US 2021/0345383). Hereinafter referred to as Tesanovic.
Regarding claims 7 and 17. Jeon-174 in view Jeon-746 discloses all the limitations of the claimed invention with the exception that before transmitting the second part of the data through the periodical resource, detecting that the first additional resource is not obtained or that the first additional resource obtained locates after a second period of the periodical resource, and requesting the first additional resource again is not required, then transmitting a cancel indication to the base station when transmitting the second part of the data through the periodical resource, in response to not obtaining the first additional resource or the first additional resource obtained locating after the second period of the periodical resource, and requesting the first additional resource again is not required, wherein the cancel indication is used for cancelling the first request indication. However, Tesanovic, from the same field of endeavor, teaches before transmitting the second part of the data through the periodical resource, detecting that the first additional resource is not obtained or that the first additional resource obtained locates after a second period of the periodical resource, and requesting the first additional resource again is not required, then transmitting a cancel indication to the base station when transmitting the second part of the data through the periodical resource, in response to not obtaining the first additional resource or the first additional resource obtained locating after the second period of the periodical resource, and requesting the first additional resource again is not required, wherein the cancel indication is used for cancelling the first request indication (see at least abstract). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Tesanovic, as indicated, into the communication method of Jeon-174 in view Jeon-746 for the purpose of improving data delivery and resource allocation.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Tesanovic.
Regarding claims 7 and 17. Lee discloses all the limitations of the claimed invention with the exception of detecting that before transmitting the second part of the data through the periodical resource, detecting that the first additional resource is not obtained or that the first additional resource obtained locates after a second period of the periodical resource, and requesting the first additional resource again is not required, then transmitting a cancel indication to the base station when transmitting the second part of the data through the periodical resource, in response to not obtaining the first additional resource or the first additional resource obtained locating after the second period of the periodical resource, and requesting the first additional resource again is not required, wherein the cancel indication is used for cancelling the first request indication. However, Tesanovic, from the same field of endeavor, teaches before transmitting the second part of the data through the periodical resource, detecting that the first additional resource is not obtained or that the first additional resource obtained locates after a second period of the periodical resource, and requesting the first additional resource again is not required, then transmitting a cancel indication to the base station when transmitting the second part of the data through the periodical resource, in response to not obtaining the first additional resource or the first additional resource obtained locating after the second period of the periodical resource, and requesting the first additional resource again is not required, wherein the cancel indication is used for cancelling the first request indication (see at least abstract). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Tesanovic, as indicated, into the communication method of Lee for the purpose of improving data delivery and resource allocation.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon-174 in view Jeon-746 and further in view of Voigt et al (US 2017/0019918). Hereinafter referred to as Voigt.
Regarding claims 3 and 13. Jeon-174 in view Jeon-746 discloses all the limitations of the claimed invention with the exception comparing whether an actual arrival time of the data is later than an expected arrival time of the data; and when obtaining that the actual arrival time of the data is later than the expected arrival time of the data, generating the first request indication. However, Voigt, from the same field of endeavor, teaches comparing whether an actual arrival time of the data is later than an expected arrival time of the data; and when obtaining that the actual arrival time of the data is later than the expected arrival time of the data, generating the first request indication (see at least abstract and paragraphs [0008]-[0019]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Voigt, as indicated, into the communication method of Jeon-174 in view Jeon-746 for the purpose of improving data delivery and resource allocation.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Voigt.
Regarding claims 3 and 13. Lee discloses all the limitations of the claimed invention with the exception of comparing whether an actual arrival time of the data is later than an expected arrival time of the data; and when obtaining that the actual arrival time of the data is later than the expected arrival time of the data, generating the first request indication. However, Voigt, from the same field of endeavor, teaches before comparing whether an actual arrival time of the data is later than an expected arrival time of the data; and when obtaining that the actual arrival time of the data is later than the expected arrival time of the data, generating the first request indication (see at least abstract and paragraphs [0008]-[0019]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Voigt, as indicated, into the communication method of Lee for the purpose of improving data delivery and resource allocation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO_892.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
When responding to this office action, applicants are advised to clearly point out the patentable novelty which they think the claims present in view of the state of the art disclosed by the references cited or the objections made. Applicants must also show how the amendments avoid such references or objections. See 37C.F.R 1.111(c). In addition, applicants are advised to provide the examiner with the line numbers and pages numbers in the application and/or references cited to assist examiner in locating the appropriate paragraphs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOUNIR MOUTAOUAKIL whose telephone number is (571)270-1416. The examiner can normally be reached Monday-Friday 10AM-4PM EST.
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/MOUNIR MOUTAOUAKIL/Primary Examiner, Art Unit 2476