DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first communication module is further configured to send the QoE measurement report..” in claim 11
The specification discloses corresponding structure, including that “control module includes ...” (Fig. 7 and 10 paragraph [0133, 0135- 0136] and that “each module may be implemented in hardware” (paragraph [0168]. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the first communication module” in claim 11. There is insufficient antecedent basis for this limitation in the claim since nowhere in claim 10, the first communication module is stated.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1- 2, 4, 8- 11, 13- 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jeong et al. (US Pub. No. 2024/0196248 A1).
Regarding claim 1, Jeong teaches a measurement information collection method (see abstract and Fig. 1G and 1H), comprising:
determining, by a first access network device, second identity information according to first identity information in received Quality Of Experience (QoE) measurement collection configuration information (see Fig. 1G,H wherein NG-RAN as a first access network device which receives QoE measurement configurations from OAM; now in context with [0133- 0135] refer to [0136] ID (RRC level ID) used to identify the QoE measurement configuration at an RRC level: This ID may be included in RRC signaling when configuring QoE measurements and reporting the measurements. For example, if the RRC level ID is set to 1 when configuring a QoE measurement, a UE AS layer or application layer may include the RRC level ID as 1 in a QoE measurement report generated based on the QoE measurement configuration. Also, the RRC level ID may be mapped to a QoE reference (a value that identifies a QoE measurement configuration at OAM, CN, or TCE/MCE level) (i.e. first identity information here) in the base station. For example, the base station that has received a QoE measurement configuration with the QoE reference set to 351 may map the QoE reference to the RRC level ID of 3 (i.e. second identity information) and store the mapping therebetween. The base station may then deliver QoE measurement configuration information containing the RRC level ID of 3 to the UE. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station, and the base station may confirm that the RRC level ID of 3 is mapped to QoE reference of 351 and transmit the QoE measurement report including the QoE reference of 351 to the OAM, CN, or TCE/MCE); and
sending, by the first access network device, measurement configuration information to a terminal device, wherein the measurement configuration information comprises the second identity information, and the measurement configuration information is used to indicate the terminal device to obtain a QoE measurement report and send the QoE measurement report and the second identity information (already described above see [0133] in operation 1h-25, the base station 1h-05 may transmit, to the UE AS 1h-10 (i.e. terminal device), logged QoE measurement configuration information for QoE measurement …which is received from an OAM or CN. ..; now refer to [0136] ID (RRC level ID) used to identify the QoE measurement configuration at an RRC level: This ID may be included in RRC signaling when configuring QoE measurements and reporting the measurements. For example, if the RRC level ID is set to 1 when configuring a QoE measurement, a UE AS layer or application layer may include the RRC level ID as 1 in a QoE measurement report generated based on the QoE measurement configuration. Also, the RRC level ID may be mapped to a QoE reference (a value that identifies a QoE measurement configuration at OAM, CN, or TCE/MCE level) in the base station. For example, the base station that has received a QoE measurement configuration with the QoE reference set to 351 may map the QoE reference to the RRC level ID of 3 and store the mapping therebetween. The base station may then deliver QoE measurement configuration information containing the RRC level ID of 3 to the UE. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station..).
Regarding claim 2, Jeong teaches as per claim 1, further comprising: in a case where the QoE measurement report and the second identity information are received, determining, by the first access network device, the first identity information according to the second identity information; and determining, by the first access network device, address information of a core network device corresponding to the QoE measurement collection configuration information according to the first identity information, and sending the QoE measurement report to the core network device based on the address information.; see [0136]... The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station, and the base station may confirm that the RRC level ID of 3 is mapped to QoE reference of 351 and transmit the QoE measurement report including the QoE reference of 351 to the OAM, CN, or TCE/MCE. …
Regarding claim 4, Jeong teaches as per claim 1, wherein the first identity information is a QoE reference identity; already discussed above in claim 1 see [0136] a QoE reference value.
Regarding claim 5, Jeong teaches as per claim 1, wherein determining, by the first access network device, the second identity information according to the first identity information in received QoE measurement collection configuration information comprises: mapping, by the first access network device, the first identity information in the QoE measurement collection configuration information to the second identity information according to mapping information; already discussed above in claim 1 .. [0136] ID (RRC level ID) used to identify the QoE measurement configuration at an RRC level: This ID may be included in RRC signaling when configuring QoE measurements and reporting the measurements. For example, if the RRC level ID is set to 1 when configuring a QoE measurement, a UE AS layer or application layer may include the RRC level ID as 1 in a QoE measurement report generated based on the QoE measurement configuration. Also, the RRC level ID may be mapped to a QoE reference (a value that identifies a QoE measurement configuration at OAM, CN, or TCE/MCE level) in the base station. For example, the base station that has received a QoE measurement configuration with the QoE reference set to 351 may map the QoE reference to the RRC level ID of 3 and store the mapping therebetween. The base station may then deliver QoE measurement configuration information containing the RRC level ID of 3 to the UE. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station..
Regarding claim 8, Jeong teaches a terminal device, comprising: a processor; and a memory storing instructions executable by the processor; wherein when the instructions are executed by the processor, the terminal device is caused to (see abstract and Fig. 1G and 1H; UE as a terminal here), comprising:
in a case where the terminal device receives measurement configuration information from a first access network device, obtain a Quality Of Experience (QoE) measurement report, wherein the measurement configuration information comprises second identity information, and the second identity information is determined by the first access network device according to first identity information (see [0133] in operation 1h-25, the base station 1h-05 may transmit, to the UE AS 1h-10 (i.e. terminal device), logged QoE measurement configuration information for QoE measurement …which is received from an OAM or CN. ..; now refer to [0136] ID (RRC level ID) used to identify the QoE measurement configuration at an RRC level: This ID may be included in RRC signaling when configuring QoE measurements and reporting the measurements. For example, if the RRC level ID is set to 1 when configuring a QoE measurement, a UE AS layer or application layer may include the RRC level ID as 1 in a QoE measurement report generated based on the QoE measurement configuration. Also, the RRC level ID may be mapped to a QoE reference (a value that identifies a QoE measurement configuration at OAM, CN, or TCE/MCE level) (i.e. first identity information here) in the base station. For example, the base station that has received a QoE measurement configuration with the QoE reference set to 351 may map the QoE reference to the RRC level ID of 3 (i.e. second identity information) and store the mapping therebetween. The base station may then deliver QoE measurement configuration information containing the RRC level ID of 3 to the UE. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station, and the base station may confirm that the RRC level ID of 3 is mapped to QoE reference of 351 and transmit the QoE measurement report including the QoE reference of 351 to the OAM, CN, or TCE/MCE); and
send the QoE measurement report and the second identity information (already discussed above see [0136].. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station, and the base station may confirm that the RRC level ID of 3 is mapped to QoE reference of 351 and transmit the QoE measurement report including the QoE reference of 351 to the OAM, CN, or TCE/MCE. …)
Regarding claim 9, Jeong teaches as per claim 8, wherein when the instructions are executed by the processor, the terminal device is caused to:
send the QoE measurement report and the second identity information to the first access network device (already described above see [0136].. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station, and the base station may confirm that the RRC level ID of 3 is mapped to QoE reference of 351 and transmit the QoE measurement report including the QoE reference of 351 to the OAM, CN, or TCE/MCE. …); and/or,
in a case of handover from the first access network device to a second access network device, send the QoE measurement report and the second identity information to the second access network device.
Regarding claim 10, Jeong teaches a first access network device, comprising: a processor; and a memory storing instructions executable by the processor; wherein when the instructions are executed by the processor, the first access network device is caused to (see abstract and Fig. 1G and 1H), comprising:
determine second identity information according to first identity information in received Quality Of Experience (QoE) measurement collection configuration information (see Fig. 1G,H wherein NG-RAN as a first access network device which receives QoE measurement configurations from OAM; now in context with [0133- 0135] refer to [0136] ID (RRC level ID) used to identify the QoE measurement configuration at an RRC level: This ID may be included in RRC signaling when configuring QoE measurements and reporting the measurements. For example, if the RRC level ID is set to 1 when configuring a QoE measurement, a UE AS layer or application layer may include the RRC level ID as 1 in a QoE measurement report generated based on the QoE measurement configuration. Also, the RRC level ID may be mapped to a QoE reference (a value that identifies a QoE measurement configuration at OAM, CN, or TCE/MCE level) (i.e. first identity information here) in the base station. For example, the base station that has received a QoE measurement configuration with the QoE reference set to 351 may map the QoE reference to the RRC level ID of 3 (i.e. second identity information) and store the mapping therebetween. The base station may then deliver QoE measurement configuration information containing the RRC level ID of 3 to the UE. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station, and the base station may confirm that the RRC level ID of 3 is mapped to QoE reference of 351 and transmit the QoE measurement report including the QoE reference of 351 to the OAM, CN, or TCE/MCE); and
send measurement configuration information to a terminal device, wherein the measurement configuration information comprises the second identity information, and the measurement configuration information is used to indicate the terminal device to obtain a QoE measurement report and send the QoE measurement report and the second identity information (already described above see [0133] in operation 1h-25, the base station 1h-05 may transmit, to the UE AS 1h-10 (i.e. terminal device), logged QoE measurement configuration information for QoE measurement …which is received from an OAM or CN. ..; now refer to [0136] ID (RRC level ID) used to identify the QoE measurement configuration at an RRC level: This ID may be included in RRC signaling when configuring QoE measurements and reporting the measurements. For example, if the RRC level ID is set to 1 when configuring a QoE measurement, a UE AS layer or application layer may include the RRC level ID as 1 in a QoE measurement report generated based on the QoE measurement configuration. Also, the RRC level ID may be mapped to a QoE reference (a value that identifies a QoE measurement configuration at OAM, CN, or TCE/MCE level) in the base station. For example, the base station that has received a QoE measurement configuration with the QoE reference set to 351 may map the QoE reference to the RRC level ID of 3 and store the mapping therebetween. The base station may then deliver QoE measurement configuration information containing the RRC level ID of 3 to the UE. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station..).
Regarding claim 11, Jeong teaches as per claim 10, wherein when the instructions are executed by the processor, the first access network device is caused to: in a case where the QoE measurement report and the second identity information are received, determining, by the first access network device, the first identity information according to the second identity information; and determining address information of a core network device corresponding to the QoE measurement collection configuration information according to the first identity information; wherein the first communication module is further configured to send the QoE measurement report to the core network device based on the address information.; see [0136]... The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station, and the base station may confirm that the RRC level ID of 3 is mapped to QoE reference of 351 and transmit the QoE measurement report including the QoE reference of 351 to the OAM, CN, or TCE/MCE. …
Regarding claim 13, Jeong teaches as per claim 10, wherein the first identity information is a QoE reference identity; already discussed above in claim 10 see [0136] a QoE reference value.
Regarding claim 14, Jeong teaches as per claim 10, wherein when the instructions are executed by the processor, the first access network device is caused to:
map the first identity information in the QoE measurement collection configuration information to the second identity information according to mapping information; already discussed above in claim 10 .. [0136] ID (RRC level ID) used to identify the QoE measurement configuration at an RRC level: This ID may be included in RRC signaling when configuring QoE measurements and reporting the measurements. For example, if the RRC level ID is set to 1 when configuring a QoE measurement, a UE AS layer or application layer may include the RRC level ID as 1 in a QoE measurement report generated based on the QoE measurement configuration. Also, the RRC level ID may be mapped to a QoE reference (a value that identifies a QoE measurement configuration at OAM, CN, or TCE/MCE level) in the base station. For example, the base station that has received a QoE measurement configuration with the QoE reference set to 351 may map the QoE reference to the RRC level ID of 3 and store the mapping therebetween. The base station may then deliver QoE measurement configuration information containing the RRC level ID of 3 to the UE. The UE may include information that the RRC level ID is 3 in a QoE measurement report generated based on the QoE measurement configuration information and transmit it to the base station..
Claim Rejections - 35 USC § 103
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.
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.
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.
Claim(s) 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (US Pub. No. 2024/0196248 A1) in view of Qualcomm, “QoE configuration and reporting”, r2-210994; see IDS filed on 9/5/2024 page 2, Cite#2..
Regarding claim 3, Jeong teaches as per claim 1, but fails to teach about wherein a data length of the second identity information is smaller than a data length of the first identity information; however Qualcomm states in page 3 regarding 6byte as a second identity and 3 byte as a first identity information. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Qualcomm with the teachings of Jeong to make system more standardized. Having a mechanism wherein a data length of the second identity information is smaller than a data length of the first identity information; greater way more standardized approach can be carried out in the communication system.
Regarding claim 12, Jeong teaches as per claim 10, but fails to teach about wherein a data length of the second identity information is smaller than a data length of the first identity information; however Qualcomm states in page 3 regarding 6byte as a second identity and 3 byte as a first identity information. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Qualcomm with the teachings of Jeong to make system more standardized. Having a mechanism wherein a data length of the second identity information is smaller than a data length of the first identity information; greater way more standardized approach can be carried out in the communication system.
Claim(s) 6- 7 and 15- 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (US Pub. No. 2024/0196248 A1) in view of Li et al. (US Pub. No. 2022/0225142 A1).
Regarding claim 6, Jeong teaches as per claim 5, but fails to teach about further comprising:
in a case of handover from the first access network device to a second access network device, sending, by the first access network device, the mapping information to the second access network device; however Li states in [0468- 0469] about .. the information for indicating the mapping relationship between the first measurement ID and the second measurement ID is included in a handover request message, i.e., the information is transferred through the handover request message sent by the first node as a source base station to the second node as a target base station.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Li with the teachings of Jeong to make system more reliable. Having a mechanism wherein in a case of handover from the first access network device to a second access network device, sending, by the first access network device, the mapping information to the second access network device; more reliable way resources can be utilized/managed in the communication system.
Regarding claim 7, Jeong in view of Li teaches as per claim 6, wherein sending, by the first access network device, the mapping information to the second access network device comprises:
sending, by the first access network device, the mapping information to the second access network device during a procedure of initiating a handover request to the second access network device; already discussed above in claim 6 see Li [0468- 0469] about .. the information for indicating the mapping relationship between the first measurement ID and the second measurement ID is included in a handover request message, i.e., the information is transferred through the handover request message sent by the first node as a source base station to the second node as a target base station..
Regarding claim 15, Jeong teaches as per claim 14, but fails to teach about wherein when the instructions are executed by the processor, the first access network device is caused to:
in a case of handover from the first access network device to a second access network device, send the mapping information to the second access network device; however Li states in [0468- 0469] about .. the information for indicating the mapping relationship between the first measurement ID and the second measurement ID is included in a handover request message, i.e., the information is transferred through the handover request message sent by the first node as a source base station to the second node as a target base station.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Li with the teachings of Jeong to make system more reliable. Having a mechanism wherein in a case of handover from the first access network device to a second access network device, send the mapping information to the second access network device; more reliable way resources can be utilized/managed in the communication system.
Regarding claim 16, Jeong in view of Li teaches as per claim 15, wherein when the instructions are executed by the processor, the first access network device is caused to:
send the mapping information to the second access network device during a procedure of initiating a handover request to the second access network device; already discussed above in claim 15 see Li [0468- 0469] about .. the information for indicating the mapping relationship between the first measurement ID and the second measurement ID is included in a handover request message, i.e., the information is transferred through the handover request message sent by the first node as a source base station to the second node as a target base station..
Conclusion
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PARTH PATEL
Primary Examiner
Art Unit 2479
/PARTH PATEL/Primary Examiner, Art Unit 2479