DETAILED ACTION
Response to Amendment
This is in response to Applicants amendment filed 12/16/2025 which has been entered. Claims 1, 14, 15 and 19 have been amended. Claims 2 and 16 have been cancelled. No Claims have been added. Claims 1, 3-15 and 17-20 are still pending in this application, with Claims 1, 14 and 15 being independent.
Response to Arguments
Applicant’s arguments with respect to Claim(s) 1, 3-15 and 17-20 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.
Claim Objections
Claim 9 is objected to because of the following informalities: Claim 9 recites in part… The method claim 1…. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-5, 14, 15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chiang et al (2020/0329078 A1) in view of Jia et al (2017/0005989 A1).
As per Claim 1, Chiang teaches a method for establishing Internet Protocol Multimedia Subsystem (IMS) services at a user equipment (UE) device, the method comprising: initiating an IMS service with an IMS network; responsive to initiating the IMS service, sending a message to the IMS network specifying one or more preconditions for establishing the IMS service (Figure 3 – References 302 and 306; Page 4, Paragraphs [0026], [0027] and [0029]).
(Note: In paragraph [0026], Chiang describes how once in receipt of a request to establish and/or change a communication session between user equipment’s [UEs] and a corresponding quality of service [QoS] requirement needed to support such highest quality encoding scheme is determined)
(Note: In paragraph [0027], Chiang describes an IMS component receiving a request to establish the communication connection from the first UE; wherein the request uses the session initiation protocol [SIP] and the session description protocol [SDP] which indicates a list of encoding schemes for video communication. In paragraph [0029], Chiang describes the IMS component determining a QoS requirement for supporting communication sessions)
Chiang does not teach sending, over a default data radio bearer, a message to the IMS network specifying one or more preconditions for establishing the IMS service over a dedicated radio bearer; and selectively transmitting one or more service packets for the IMS service over either the dedicated data radio bearer responsive to at least one of the one or more preconditions having been satisfied, or over the default data radio bearer responsive to at least one of the one or more preconditions having not been satisfied.
However, Jia teaches sending, over a default data radio bearer, a message to the IMS network specifying one or more preconditions for establishing the IMS service over a dedicated radio bearer; and selectively transmitting one or more service packets for the IMS service over either the dedicated data radio bearer responsive to at least one of the one or more preconditions having been satisfied, or over the default data radio bearer responsive to at least one of the one or more preconditions having not been satisfied (Page 1, Paragraphs [0011] and [0012]; Page 2, Paragraph [0014]; Page 5, Paragraph [0047]).
(Note: In paragraph [0011], Jia describes the transmission of voice and data traffic using default and dedicated radio bearers. Jia indicates that voice traffic may be transmitted with a dedicated bearer which may provide a guaranteed quality of service [QoS] and that data traffic may be transmitted by a default radio bearer [i.e. sending, over a default data radio bearer, a message to the IMS network])
(Note: In paragraph [0012], Jia indicates that the bandwidth of a dedicated bearer may be limited or throttled and provides the example of a dedicated bearer being used a VoLTE voice channel where the bandwidth is limited to 200 Kbps or some other value less than a maximum bandwidth [i.e. one or more preconditions for establishing the IMS service over a dedicated radio bearer]. In paragraph [0047], Jia describes a bearer bandwidth module being used to restrict a bandwidth of one or more bearers for sending/receiving voice and/or data traffic)
(Note: The teachings of Jia indicate that when QoS conditions indicate that bandwidth needs to be restricted a data message is sent using a default radio bearer to do so and when QoS conditions are within acceptable threshold range then voice communications are established and packets are transmitted using dedicated radio bearers)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chiang with the method taught by Jia to ensure simultaneous, high-quality service, providing a permanent connection for SIP signaling (default radio bearer) while enabling on-demand, guaranteed bit rate (GBR) resources for media (i.e. voice/video)
As per Claims 3 and 17, Chiang teaches wherein the one or more preconditions request that a dedicated data radio bearer be configured for the IMS service (Page 4, Paragraph [0026]). (Note: The dedicated data radio bearer can be configured since it can be selected and used for communication)
As per Claims 4 and 18, Chiang teaches wherein the one or more preconditions further indicate at least one quality of service configuration for the IMS service (Page 4, Paragraphs [0027] and [0029]). (Note: In paragraph [0027], Chaing describes SDP indicating a list of available encoding schemes for video communication. In paragraph [0029], Chaing indicates the IMS component determines a QoS requirement for supporting communication sessions)
As per Claims 5 and 19, Chiang teaches wherein transmitting the one or more service packets for the IMS service over the default data radio bearer comprises: determining that the IMS service is a video call using both voice packets and video packets; transmitting the voice packets over the default data radio bearer; and refraining from transmitting the video packets over the default data radio bearer (Page 2, Paragraph [0016], Page 4, Paragraph [0031]; Page 5, Paragraph [0037]).
(Note: In paragraph [0016], Chiang describes the use of dedicated communication channels [guaranteed bit rate – GBR: i.e. default data radio bearer] and general communication channels [non-guaranteed bit rate – non-GBR]. In paragraph [0031], Chiang describes selecting a channel that meets a determined QoS requirement, a prioritized [i.e. preferred] communication channel or a best available communication channel; and provides an example of changing communication type [i.e. switching a video call to a voice call])
(Note: In a scenario where due to channel constraints [i.e. QoS requirement not able to be maintained] a video call in which audio and video packets are being delivered the call is downgraded as recited in Chiang dependent claim 7 and the call continues as audio only on a different channel that has a lower QoS requirement [i.e. refraining from transmitting the video packets over the default data radio bearer])
As per Claim 14, the combination of Chiang and Jia teaches a method as described in Claim 1. Chaing also teaches a user equipment device (Figure 2 – References 102, 104 and 110; Page 2, Paragraphs [0020] and [0021]), comprising: one or more radio frequency (RF) modems (Figure 2 – References 220 and 250; Page 3, Paragraph [0023]) configured to wirelessly communicate with at least one network (Figure 2 – Reference 120; Page 3, Paragraphs [0023] and [0024]); one or more processors coupled to the one or more RF modems (Figure 2 – Reference 214 and 234; Page 3, Paragraph [0022]); and at least one memory storing executable instructions (Figure 2 – References 212, 216, 236 and 232; Page 3, Paragraph [0022]).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chiang with the method taught by Jia to ensure simultaneous, high-quality service, providing a permanent connection for SIP signaling (default radio bearer) while enabling on-demand, guaranteed bit rate (GBR) resources for media (i.e. voice/video)
As per Claim 15, the combination of Chiang and Jia teaches a method and apparatus as described in Claims 1 and 14. Chiang also teaches a computer-readable storage medium embodying a set of executable instructions (Page 3, Paragraph [0022]). It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and computer-readable storage medium taught by Chiang with the method taught by Jia to ensure simultaneous, high-quality service, providing a permanent connection for SIP signaling (default radio bearer) while enabling on-demand, guaranteed bit rate (GBR) resources for media (i.e. voice/video).
Claim(s) 6-13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chiang et al (2020/0329078 A1) in view of Jia et al (2017/0005989 A1) as applied to Claims 1 and 14 above, and further in view of Zhao et al (2014/0118462 A1).
As per Claims 6, 7 and 20, the combination of Chiang and Jia teaches the method and device of Claims 1 and 14; but does not teach starting one or more timers associated with the at least one of the one or more preconditions, wherein responsive to expiration of at least one of the one or more timers the IMS service is released; and responsive to determining that at least one of the one or more preconditions has not been satisfied, stopping the one or more timers; and wherein the one or more timers include at least one of a quality of service timer, a media inactivity timer, a dedicated data radio bearer configuration timer, or a combination thereof.
However, Zhao teaches starting one or more timers associated with the at least one of the one or more preconditions, wherein responsive to expiration of at least one of the one or more timers the IMS service is released; and responsive to determining that at least one of the one or more preconditions has not been satisfied, stopping the one or more timers; and wherein the one or more timers include at least one of a quality of service timer, a media inactivity timer, a dedicated data radio bearer configuration timer, or a combination thereof (Page 4, Paragraph [0043]).
(Note: In paragraph [0043], Zhao describes the use of a Quality of Service [QoS] timer – e.g. WaitForQoS timer. If the timer expires while waiting for a QoS activation notification the videotelephony [VT] application may consider the resource reservation for the corresponding media to have failed and the IMS service is released)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and apparatus taught by Chiang and Jia with the method and apparatus taught by Zhao to ensure that resources are not held indefinitely so that when a reservation is request but a corresponding session is not established the reserved resources are released which prevents the reserved resource from being held unnecessarily and going unused.
As per Claim 8, the combination of Chaing, Jia and Zhao teaches setting the one or more timers to a first expiration time if the UE device is operating in a first public land mobile network and setting the one or more timers to a second expiration time if the UE device is operating in a second public land mobile network, wherein the second expiration time is different than the first expiration time and the second public land mobile network is different than the first public land mobile network.
(Note: In response to real-time conditions [i.e. network congestion, service outages or quality of service requirements] associated with public land mobile networks it is clear that having a universal timer time would not allow for efficient communication within a communication network. It is much more reasonable to have configurable timers responsible to the traffic and demands associated with a particular network during a specific time period)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chiang and Jia with the method taught by Zhao to ensure that resources are not held indefinitely so that when a reservation is request but a corresponding session is not established the reserved resources are released which prevents the reserved resource from being held unnecessarily and going unused.
As per Claim 9, the combination of Chaing, Jia and Zhao teaches determining that at least one quality of service requirement specified in the one or more preconditions has not been granted, and the method further comprises refraining from starting a quality-of-service timer responsive to determining that the at least one quality of service requirement has not been granted. (Note: Determining that at least one quality of service requirement specified in the one or more preconditions has not been granted is taught by Chiang – Downgrading the video call to an audio call due to QoS. As this has been determined there is no need to start the QoS timer)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chiang and Jia with the method taught by Zhao to ensure that resources are not held indefinitely so that when a reservation is request but a corresponding session is not established the reserved resources are released which prevents the reserved resource from being held unnecessarily and going unused.
As per Claim 10, the combination of Chaing, Jia and Zhao teaches determining that one or more real-time transport packets have not been received over the default radio data bearer within a time threshold; and responsive to determining that the one or more real-time transport packets have not been received over the default radio data within the time threshold, maintaining one or more active timers associated with the at least one of the one or more preconditions.
(Note: The use of a timer is taught as described by Zhao. One of the biggest advantages of using times in the IMS is to handle network failures due to events like a lost message [i.e. one or more real-time transport packets have not been received over the default radio data bearer] during reservation setup. Use of timers ensure that the system does not get “stuck” in a pending state. Upon expiration the timer [i.e. maintaining one or more active timers – until expiration] the reserved resources are released)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chiang and Jia with the method taught by Zhao to ensure that resources are not held indefinitely so that when a reservation is request but a corresponding session is not established the reserved resources are released which prevents the reserved resource from being held unnecessarily and going unused.
As per Claim 11, the combination of Chaing, Jia and Zhao teaches determining that one or more real-time transport packets have been received over the default radio data bearer within a time threshold; and responsive to determining that the one or more real-time transport packets have been received over the default radio data bearer within the time threshold, stopping one or more active timers associated with the at least one of the one or more preconditions as described in Claim 10.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chiang and Jia with the method taught by Zhao to ensure that resources are not held indefinitely so that when a reservation is request but a corresponding session is not established the reserved resources are released which prevents the reserved resource from being held unnecessarily and going unused.
As per Claims 12 and 13, the combination of Chaing, Jia and Zhao teaches determining if the UE device is operating within a given public land mobile network; and responsive to determining that the UE device is not operating within the given public land mobile network, maintaining one or more active timers associated with the at least one of the one or more preconditions; or stopping one or more active timers associated with the at least one of the one or more preconditions as described in Claims 8-10.
(Note: A PLMN is a cellular network operated by a telecom service provider in a country [i.e. Verizon in the United States] that is technology inclusive [i.e. 2G, 3G, 4G or 5G] which may have a QoS timer associated with 5G service in America. Whereas if the same user was in a foreign country [i.e. Peru] and is roaming internationally they may have access to a QoS timer associated with 2G or 3G service)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chiang and Jia with the method taught by Zhao to ensure that resources are not held indefinitely so that when a reservation is request but a corresponding session is not established the reserved resources are released which prevents the reserved resource from being held unnecessarily and going unused.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lu et al (2019/0166168 A1), MITTY et al (WO 2017/171920 A1), Castellanos Zamora et al (2010/0257582 A1), STILLE et al (2020/0344711 A1), Chiang (2021/0022197 A1), Lovsen et al (2013/0016658 A1), Hongisto et al (2010/0182912 A1) and ISLAM et al (2017/0374635 A1). Each of these describes systems and methods of implementing communications with the IP Multimedia Subsystem (IMS).
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 KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693