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 .
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.
Claims 1-5, 7, 9-13 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Marinier et al (US 2016/0183276, hereinafter Marinier), in view of Gao (US 2021/034413, hereinafter Gao) and in view of Yu et al (US 2018/0324642, hereinafter Yu).
Regarding claim 1, Marinier discloses a data transmission method, comprising: determining a first maximum data amount of communication performed by a terminal device in a first time period, wherein the first time period is a transmission period of data of the terminal device (the WTRU determines the amount of available data it has to transmit within a transmission period, Para [0261]); but does not disclose the first max data amount is based on an air interface transmission delay of a data packet and a maximum uplink and downlink transmission rate of the terminal device and the air interface delay of the data packet is less than the first time period. Gao discloses the total layer 2 buffer size is based on MaxDLdatarate, MaxULdatarate and RLC RTT, Para [0034], obvious variation the transmission period in Marinier is longer than the RTT. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Gao in the system of Marinier in order to improve communications with better calculation of RTTs; nor discloses sending first information indicating the first maximum data amount. Yu discloses BSR can include maximum amount of data waiting to be transmitted, Para [0257], transmitting buffer status report, Para [0034]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yu in the system of Marinier in view of Gao in order to improve efficient use of communication resources when transmitting duplicate packets.
Regarding claims 2, 10 and 16, Marinier discloses the method/apparatus of claim 1/9/15, but not wherein the first maximum data amount comprises an uplink and downlink layer 2 buffer size (obvious variation to one of ordinary skill, the maximum amount of data that can be communicated in the period is based on UL and DL buffer).
Regarding claims 3, 11 and 17, Marinier discloses the method/apparatus of claim 1/9/15, wherein the first information comprises one or more of the following pieces of information: image definition, a source encoding method, a source compression ratio, or a first index corresponding to the first maximum data amount (obvious variation to one of ordinary skill in the art to include one these pieces of information).
Regarding claims 4, 12 and 18, Marinier discloses the method/apparatus of claim 1/9/15, wherein the first information comprises one or more of the following pieces of information: the first time period, an air interface transmission delay of a data packet, a duty cycle of data packet transmission, a core network delay of a data packet, or a local rendering delay (obvious variation to one of ordinary skill in the art to include one these pieces of information).
Regarding claims 5 and 13, Marinier discloses the method/apparatus of claim 4/12, the method further comprising: sending second information that is used to determine a maximum uplink and downlink transmission rate of the terminal device, wherein the second information comprises one or more of the following pieces of information: bandwidth, a subcarrier spacing or slot duration, a maximum modulation order, a maximum transmission code rate, a maximum quantity of transmission layers, or a scale factor of each carrier in a carrier combination (obvious variation to one of ordinary skill in the art to include one these pieces of information).
Regarding claim 7, Marinier discloses the method of claim 1, wherein the determining the first maximum data amount of communication performed by the terminal device in the first time period further comprises: determining the first maximum data amount based on a data packet size (WTRU can determine the transport block size, Para [0017], amount of data that can be transmitted during a scheduling period can be determined by the number of PDUS that may be transmitted, Para [0017]).
Regarding claim 9, Marinier discloses a data transmission apparatus (WTRU, Fig. 1b), comprising: at least one processor and one or more memories (processor and memory, Fig. 1b) including computer instructions that, when executed by the at least one processor, cause the data transmission apparatus to perform operations comprising: determining a first maximum data amount of communication performed by a terminal device in a first time period, wherein the first time period is a transmission period of data of the terminal device (the WTRU determines the amount of available data it has to transmit within a transmission period, Para [0261]); but does not disclose the first max data amount is based on an air interface transmission delay of a data packet and a maximum uplink and downlink transmission rate of the terminal device and the air interface delay of the data packet is less than the first time period. Gao discloses the total layer 2 buffer size is based on MaxDLdatarate, MaxULdatarate and RLC RTT, Para [0034], obvious variation the transmission period in Marinier is longer than the RTT. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Gao in the system of Marinier in order to improve communications with better calculation of RTTs; nor discloses sending first information indicating the first maximum data amount. Yu discloses BSR can include maximum amount of data waiting to be transmitted, Para [0257], transmitting buffer status report, Para [0034]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yu in the system of Marinier in view of Choi in order to improve efficient use of communication resources when transmitting duplicate packets.
Regarding claim 15, Marinier discloses a data transmission apparatus (enode-B, Fig. 1c), comprising: at least one processor and one or more memories (processor and memory, Para [0400]) including computer instructions that, when executed by the at least one processor, cause the data transmission apparatus to perform operations comprising: and performing resource scheduling on the terminal device based on the first information (WTRU receives PDCCH with grant from the enodeB, Para [0286]); but does not disclose the first max data amount is based on an air interface transmission delay of a data packet and a maximum uplink and downlink transmission rate of the terminal device and the air interface delay of the data packet is less than the first time period. Gao discloses the total layer 2 buffer size is based on MaxDLdatarate, MaxULdatarate and RLC RTT, Para [0034], obvious variation the transmission period in Marinier is longer than the RTT. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Gao in the system of Marinier in order to improve communications with better calculation of RTTs; and does not fully disclose receiving first information indicating a first maximum data amount of communication performed by a terminal device in a first time period, wherein the first time period is a transmission period of data of the terminal device. Marinier discloses the WTRU determines the amount of available data it has to transmit within a transmission period, Para [0261]. Yu discloses BSR can include maximum amount of data waiting to be transmitted, Para [0257], transmitting buffer status report, Para [0034]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yu in the system of Marinier in view of Choi in order to improve efficient use of communication resources when transmitting duplicate packets.
Regarding claim 19, Marinier discloses the data transmission apparatus of claim 15, wherein the method further comprises: receiving second information that is used to determine a maximum uplink and downlink transmission rate of the terminal device, wherein the second information comprises one or more of the following pieces of information: bandwidth, a subcarrier spacing or slot duration, a maximum modulation order, a maximum transmission code rate, a maximum quantity of transmission layers, or a scale factor of each carrier in a carrier combination; determining the maximum uplink and downlink transmission rate of the terminal device based on the second information; and determining the first maximum data amount based on the maximum uplink and downlink transmission rate of the terminal device and the first information (obvious variation to one of ordinary skill in the art to include one these pieces of information, determining UL and DL transmission rate, also known to one of ordinary skill).
Allowable Subject Matter
Claims 8 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 2/26/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the independent claims and states they should be allowable. Applicant has no argument. In response, the office action stated dependent claims 6 and 14 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant deleted limitations from the independent claims and did not put in the limitations of the intervening claims. This is a different combination of limitations and a new reference is being used in the current office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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