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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/03/2024 and 12/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 2-3, 5-6, 8-9, 11-12, 14-15 and 17-18 are 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 2 recites the limitation "the data volume" in line 4 and the limitation “the network side device” in line 8. There is insufficient antecedent basis for these limitations in the claim.
Claim 3 recites the limitation “the network side device” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “the data packet sending frequency” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation “the uplink data packets” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the data volume" in line 5 and the limitation “the network side device” in line 9. There is insufficient antecedent basis for these limitations in the claim.
Claim 9 recites the limitation “the network side device” in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “the data packet sending frequency” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation “the uplink data packets” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the data volume" in line 5 and the limitation “the network side device” in line 9. There is insufficient antecedent basis for these limitations in the claim.
Claim 15 recites the limitation “the network side device” in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation “the data packet sending frequency” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation “the uplink data packets” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
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.
(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.
Claims 1, 4-5, 7, 10-11, 13, 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Uemura et al. (US 2015/0050938).
Regarding Claim 1, Uemura teaches a data network uplink scheduling method, comprising:
determining a maximum data volume of an uplink data packet to be sent by a target application program ([0080] the mobile station apparatus 1 performs the radio resource request determination process on the basis of information related to the uplink transmission data, information on the speed of the mobile station apparatus 1, information related to the transmission frequency of the radio resource request, and the like. More specifically, the mobile station apparatus 1 may use one or multiple pieces of information among the average and/or the maximum amount of the uplink buffer in a certain time, the retransmission number in a certain time, the average and/or the maximum uplink throughput in a certain time, the average and/or the maximum downlink throughput in a certain time, the average and/or the maximum amount of the uplink packet (packet size) in a certain time, the average and/or the maximum amount of the downlink packet (packet size) in a certain time, the average and/or the maximum transmission power in a certain time, the estimation of the mobility speed of the mobile station apparatus 1 at a certain time, and a predicted time until uplink radio resources are required at a certain time (an expected time until the next SR-PUCCH transmission) as a parameter for the radio resource request determination process); and
applying, according to a resource amount of the uplink data packet corresponding to the maximum data volume, for an uplink resource for the uplink data packet to be sent ([0090] Based on any radio resource request determination process described above, the mobile station apparatus 1 that determines that the extension of the configuration related to SR-PUCCH is allowable then configures information (configuration) related to enhanced SR-PUCCH in the radio resource request control message and transmits the message to the base station apparatus 2 (Step S104); [0092] These pieces of information announced using the radio resource request control message may be values that are actually applied, may be index numbers that indicate values configured in advance, or may further be pieces of information that indicate whether enhanced SR-PUCCH is applicable; [0093] the mobile station apparatus 1 notifies to the base station apparatus 2 that the configuration related to enhanced SR-PUCCH is applicable by transmitting the radio resource request control message).
Regarding Claim 4, Uemura teaches after the applying, according to a resource amount of the uplink data packet corresponding to the maximum data volume, for an uplink resource for the uplink data packet to be sent, the method further comprises: obtaining and storing the maximum data volume and a data packet sending frequency corresponding to the target application program ([0080] the mobile station apparatus 1 performs the radio resource request determination process on the basis of information related to the uplink transmission data, information on the speed of the mobile station apparatus 1, information related to the transmission frequency of the radio resource request, and the like. More specifically, the mobile station apparatus 1 may use one or multiple pieces of information among the average and/or the maximum amount of the uplink buffer in a certain time, the retransmission number in a certain time, the average and/or the maximum uplink throughput in a certain time, the average and/or the maximum downlink throughput in a certain time, the average and/or the maximum amount of the uplink packet (packet size) in a certain time, the average and/or the maximum amount of the downlink packet (packet size) in a certain time, ... and a predicted time until uplink radio resources are required at a certain time (an expected time until the next SR-PUCCH transmission) as a parameter for the radio resource request determination process; [0136] The information handled in these apparatuses is temporarily accumulated in a RAM when processed, is subsequently stored in various ROMs and HDDs, is read by the CPU when necessary, and is modified or written).
Regarding Claim 5, Uemura teaches before the applying, according to a resource amount of the uplink data packet corresponding to the maximum data volume, for an uplink resource for the uplink data packet to be sent, the method further comprises: obtaining the data packet sending frequency of the target application program ([0080] the mobile station apparatus 1 performs the radio resource request determination process on the basis of information related to the uplink transmission data, information on the speed of the mobile station apparatus 1, information related to the transmission frequency of the radio resource request, and the like. More specifically, the mobile station apparatus 1 may use one or multiple pieces of information among the average and/or the maximum amount of the uplink buffer in a certain time, the retransmission number in a certain time, the average and/or the maximum uplink throughput in a certain time, the average and/or the maximum downlink throughput in a certain time, the average and/or the maximum amount of the uplink packet (packet size) in a certain time, the average and/or the maximum amount of the downlink packet (packet size) in a certain time, ... and a predicted time until uplink radio resources are required at a certain time (an expected time until the next SR-PUCCH transmission) as a parameter for the radio resource request determination process); and
the applying, according to a resource amount of the uplink data packet corresponding to the maximum data volume, for an uplink resource for the uplink data packet to be sent comprises: according to the resource amount of the uplink data packet corresponding to the maximum data amount, applying for an uplink resource at the data packet sending frequency for the uplink data packet to be sent ([0080] a predicted time until uplink radio resources are required at a certain time (an expected time until the next SR-PUCCH transmission) as a parameter for the radio resource request determination process; [0091] The information related to enhanced SR-PUCCH here is, for example, information that indicates a transmission period time of enhanced SR-PUCCH that is appropriate for the state of the mobile station apparatus 1 ... the information related to enhanced SR-PUCCH is a value that indicates a multiple of the transmission period time of enhanced SR-PUCCH that is appropriate for the state of the mobile station apparatus 1).
Regarding Claim 7, the claim is interpreted and rejected for the same reason as set forth in Claim 1, in addition to the claimed electronic device, comprising a processor and a memory storing a program or an instruction ([0134]-[0136]).
Regarding Claim 10, the claim is interpreted and rejected for the same reason as set forth in Claim 4.
Regarding Claim 11, the claim is interpreted and rejected for the same reason as set forth in Claim 5.
Regarding Claim 13, the claim is interpreted and rejected for the same reason as set forth in Claim 1, in addition to the claimed non-transitory readable storage medium storing a program or an instruction ([0134]-[0137]).
Regarding Claim 16, the claim is interpreted and rejected for the same reason as set forth in Claim 4.
Regarding Claim 17, the claim is interpreted and rejected for the same reason as set forth in Claim 5.
Regarding Claim 19, Uemura teaches a chip, comprising a processor and a communication interface, wherein the communication interface is coupled to the processor, and the processor is configured to run a program or an instruction, so that steps of the data network uplink scheduling method according to claim 1 are implemented ([0054] The mobile station apparatus 1 is comprising a reception unit 101, a demodulation unit 102, a decoding unit 103, a measurement process unit 104, a control unit 105, an uplink buffer control unit 106, an encoding unit 107, a modulation unit 108, a transmission unit 109, an uplink radio resource request control unit 110, a random access control unit 111, and an upper layer 112; FIG. 1; [0139] Each function block or features of the mobile station apparatus 1 ... may be mounted or executed by versatile application processors, digital signal processors (DSP), application-specific integrated circuits (ASIC), field-programmable gate array signals).
Regarding Claim 20, Uemura teaches a computer program product, wherein the computer program product is stored in a non-volatile storage medium, and the computer program product is executed by at least one processor to implement the steps of the data network uplink scheduling method according to claim 1 ([0135] The mobile station apparatus 1 and the base station apparatus 2 may be controlled by recording the one or more commands or codes on the computer-readable recording medium and reading and executing the one or more commands or codes; [0137] The "computer-readable recording medium" is a portable medium such as a semiconductor medium (for example, the RAM, a non-volatile memory card, and the like)).
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.
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.
Claims 2-3, 8-9 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. in view of Yoo et al. (US 2019/0058555).
Regarding Claim 2, Uemura teaches the applying, according to a resource amount of the uplink data packet corresponding to the maximum data volume, for an uplink resource for the uplink data packet to be sent comprises: determining a first resource amount according to the data volume of the uplink data packet to be sent ([0080] the mobile station apparatus 1 performs the radio resource request determination process on the basis of information related to the uplink transmission data, information on the speed of the mobile station apparatus 1, information related to the transmission frequency of the radio resource request, and the like. More specifically, the mobile station apparatus 1 may use one or multiple pieces of information among the average and/or the maximum amount of the uplink buffer in a certain time, the retransmission number in a certain time, the average and/or the maximum uplink throughput in a certain time, the average and/or the maximum downlink throughput in a certain time, the average and/or the maximum amount of the uplink packet (packet size) in a certain time, the average and/or the maximum amount of the downlink packet (packet size) in a certain time, the average and/or the maximum transmission power in a certain time, the estimation of the mobility speed of the mobile station apparatus 1 at a certain time, and a predicted time until uplink radio resources are required at a certain time (an expected time until the next SR-PUCCH transmission) as a parameter for the radio resource request determination process); and
applying for a first uplink resource from the network side device for transmitting the uplink data packet to be sent ([0090] Based on any radio resource request determination process described above, the mobile station apparatus 1 that determines that the extension of the configuration related to SR-PUCCH is allowable then configures information (configuration) related to enhanced SR-PUCCH in the radio resource request control message and transmits the message to the base station apparatus 2 (Step S104); [0092] These pieces of information announced using the radio resource request control message may be values that are actually applied, may be index numbers that indicate values configured in advance, or may further be pieces of information that indicate whether enhanced SR-PUCCH is applicable; [0093] the mobile station apparatus 1 notifies to the base station apparatus 2 that the configuration related to enhanced SR-PUCCH is applicable by transmitting the radio resource request control message).
However, Uemura does not teach determining a redundant resource amount according to the resource amount of the uplink data packet corresponding to the maximum data volume; wherein a resource amount of the first uplink resource is the sum of the first resource amount and the redundant resource amount.
In an analogous art, Yoo teaches determining a redundant resource amount according to the resource amount of the uplink data packet corresponding to the maximum data volume ([0094] I f the terminal should further transmit additional uplink data as well as ARQ/TCP ACK, the terminal may specify an amount of required resources in addition to resources reserved for BSR information and transmit information on the amount of resources to the BS, and thus further acquire uplink resources without an additional RACH procedure); wherein a resource amount of the first uplink resource is the sum of the first resource amount and the redundant resource amount ([0094] I f the terminal should further transmit additional uplink data as well as ARQ/TCP ACK, the terminal may specify an amount of required resources in addition to resources reserved for BSR information and transmit information on the amount of resources to the BS, and thus further acquire uplink resources without an additional RACH procedure).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Yoo’s method with Uemura’s method so that it can reduce signal overhead for resource allocation and an uplink transmission delay by allocating uplink resources without any request from a terminal according to a prediction of uplink transmission (Yoo [0015]).
Regarding Claim 3, Uemura does not teach the applying, according to a resource amount of the uplink data packet corresponding to the maximum data volume, for an uplink resource for the uplink data packet to be sent comprises: determining a second resource amount according to a resource amount of the uplink data packet corresponding to the maximum data volume; and applying, for each uplink data packet to be sent, for an uplink resource whose resource amount is the second resource amount from the network side device.
In an analogous art, Yoo teaches the applying, according to a resource amount of the uplink data packet corresponding to the maximum data volume, for an uplink resource for the uplink data packet to be sent comprises: determining a second resource amount according to a resource amount of the uplink data packet corresponding to the maximum data volume; and applying, for each uplink data packet to be sent, for an uplink resource whose resource amount is the second resource amount from the network side device ([0094] I f the terminal should further transmit additional uplink data as well as ARQ/TCP ACK, the terminal may specify an amount of required resources in addition to resources reserved for BSR information and transmit information on the amount of resources to the BS, and thus further acquire uplink resources without an additional RACH procedure).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Yoo’s method with Uemura’s method so that it can reduce signal overhead for resource allocation and an uplink transmission delay by allocating uplink resources without any request from a terminal according to a prediction of uplink transmission (Yoo [0015]).
Regarding Claim 8, the claim is interpreted and rejected for the same reason as set forth in Claim 2.
Regarding Claim 9, the claim is interpreted and rejected for the same reason as set forth in Claim 3.
Regarding Claim 14, the claim is interpreted and rejected for the same reason as set forth in Claim 2.
Regarding Claim 15, the claim is interpreted and rejected for the same reason as set forth in Claim 3.
Allowable Subject Matter
Claims 6, 12 and 18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu et al. (US 2022/0210816) teaches method for contention-based uplink data transmission.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU-WEN CHANG whose telephone number is (408)918-7645. The examiner can normally be reached M-F 8:00am-5:00pm PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Un Cho can be reached at 571-272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YU-WEN CHANG/Primary Examiner, Art Unit 2413