DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office Action is in response to the submission filed 2026-02-02 (herein referred to as the Reply) where claim(s) 1-9, 12 are pending for consideration.
35 USC §103 - Claim Rejections
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 non-obviousness.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over YAVUZ_953 (US20190288953) in view of MORRIS_328 (US20090067328), and further view of MERLIN_111 (US20150063111)
Claim(s) 1, 12, 9
YAVUZ_953 teaches
associating quality-of-service indication information to a specific data stream Adjusted packet delay budget for a RTP VoLTE flow wireless connection to the UE via eNB. The flow adjusted packet delay budget is a QCI, which indicate QoS parameters for the connection. <FIG(s). 3; para. 0082-0091>. UE sends an PDB-adjustment information to the eNB, which contains a power optimization indication (e.g., lowPowerConsumption and coverageEnhancement) <para. 0085-0089>.
performing the transmission of the data packets of the specific data stream based on the associated quality-of-service indication information
YAVUZ_953 does not explicitly teach
associating quality-of-service indication information to a specific data stream out of a plurality of data streams of the data connection,
quality-of-service indication information comprising the energy intensity-related indication
However in a similar endeavor, MORRIS_328 teaches
associating quality-of-service indication information to a specific data stream out of a plurality of data streams of the data connection, QoS classification module assigns a QoS priority to each stream. Accordingly each stream is associated with the QoS information. <FIG(s). 4; para. 0047-0048>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by YAVUZ_953 with the embodiment(s) disclosed by MORRIS_328. One of ordinary skill in the art would have been motivated to make this modification in order to provide a system and method to provide an ongoing, real-time automatic prioritization of network traffic without requiring user configuration and capable of shaping the data traffic to adjust to channel conditions and changes within the same session. <para. 0014>.
However in a similar endeavor, MERLIN_111 teaches
wherein the quality-of-service indication information comprises an energy intensity-related indication related to an energy intensity of transmission of data packets of the specific data stream; and QoS message can include a QoS field including the indication of transmission power. <FIG(s). 7C; para. 0012-0013, 0016-0017, 0126-0128; Claim(s) 5>.
performing the transmission of the data packets of the specific data stream based on the associated quality-of-service indication information comprising the energy intensity-related indication. Uplink transmission occurs in accordance with the QoS message. <FIG(s). 14; para. 0128-0133>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by YAVUZ_953 and MORRIS_328 with the embodiment(s) disclosed by MERLIN_111. One of ordinary skill in the art would have been motivated to make this modification in order to address the issue of increasing bandwidth requirements that are demanded for wireless communications systems and reduce the amount of overhead traffic between network and terminals <para. 0007>.
With regards to system claim 9, YAVUZ_953 teaches user equipment and network nodes for carrying out the embodiments 3GPP network includes ECP, IMS and a plurality of eNBs for connecting UEs <FIG(s). 2; para. 0045-0046, 0051, 0061-0065>.
Claim(s) 3
YAVUZ_953 does not explicitly teach
wherein the energy intensity-related indication corresponds to at least one of the following:
a quality-of-service flow parameter; or
an indication of whether to apply a less energy intensive transmission of data packets.
However in a similar endeavor, MERLIN_111 teaches
wherein the energy intensity-related indication corresponds to at least one of the following:
a quality-of-service flow parameter; or QoS message can include a QoS field including the indication of transmission power for uplink transmission. The uplink transmission accordance with QoS can be considered a QoS flow. <FIG(s). 7C; para. 0012-0013, 0016-0017, 0126-0128; Claim(s) 5>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by YAVUZ_953 and MORRIS_328 with the embodiment(s) disclosed by MERLIN_111. One of ordinary skill in the art would have been motivated to make this modification in order to address the issue of increasing bandwidth requirements that are demanded for wireless communications systems and reduce the amount of overhead traffic between network and terminals <para. 0007>.
Claim(s) 4
YAVUZ_953 teaches
wherein the data connection comprises:
a first connection part between a core network and a base station; and a second connection part between the base station and the user equipment. Connection between UE and enB and enB and network core. <FIG(s). 2; para. 0045-0046, 0051, 0061-0065>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over YAVUZ_953 (US20190288953) in view of MORRIS_328 (US20090067328), in view of MERLIN_111 (US20150063111), and further view of EKICI_072 (US20110319072)
Claim(s) 7
YAVUZ_953 does not explicitly teach
further comprising:
selecting between (1) a first radio access technology and/or radio signal transmission scheme and (2) a second radio access technology and/or radio signal transmission scheme based on the quality-of-service indication information regarding the specific data stream,
wherein the first radio access technology and/or radio signal transmission scheme corresponds to a lower level of energy intensity than the second radio access technology and/or radio signal transmission scheme.
However in a similar endeavor, EKICI_072 teaches
selecting between (1) a first radio access technology and/or radio signal transmission scheme and (2) a second radio access technology and/or radio signal transmission scheme based on the quality-of-service indication information regarding the specific data stream, Multi-mode devices, have the capability to provide communication service on multiple radio access technologies (RATs) simultaneously or one at a time <para. 0031-0032>.
wherein the first radio access technology and/or radio signal transmission scheme corresponds to a lower level of energy intensity than the second radio access technology and/or radio signal transmission scheme. Network protocol requiring less transmission power than another protocol, such as 2G or WiFi vs HSPA or LTE. vs Network protocol requiring more transmission power than another protocol, HSPA or LTE requiring more power than Wi-FI <para. 0031>.<para. 0031>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by YAVUZ_953, MORRIS_328 and MERLIN_111 with the embodiment(s) disclosed by EKICI_072. One of ordinary skill in the art would have been motivated to make this modification in order to reduce power consumption of a multi-mode device by optimizing the interaction between the multi-mode device and a network. <para. 0005>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over YAVUZ_953 (US20190288953) in view of MORRIS_328 (US20090067328), in view of MERLIN_111 (US20150063111), and further view of CHEN_015 (CN108770015)
Claim(s) 8
YAVUZ_953 does not explicitly teach
wherein the energy intensity-related indication refers to energy intensity of data transmissions between the telecommunications network and the user equipment in terms of:
energy used per data volume transmitted;
energy used per bandwidth used; and/or
energy used per latency realized.
However in a similar endeavor, CHEN_015 teaches
wherein an energy intensity-related indication refers to energy intensity of data transmissions between a telecommunications network and a user equipment in terms of:
energy used per data volume transmitted; Energy efficiency is defined as the amount of data transmitted per joule. <para. 0070>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by YAVUZ_953, MORRIS_328 and MERLIN_111 with the embodiment(s) disclosed by CHEN_015. One of ordinary skill in the art would have been motivated to make this modification in order to improve the efficiency of the wireless transmission energy by beamforming, <para. 0004>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over YAVUZ_953 (US20190288953) in view of MORRIS_328 (US20090067328), in view of MERLIN_111 (US20150063111), and further view of YANG_936 (US20190097936)
Claim(s) 5
YAVUZ_953 does not explicitly teach
wherein the data connection corresponds to a protocol data unit (PDU) session linking the user equipment, a base station, and a user plane function (UPF).
However in a similar endeavor, YANG_936 teaches
wherein the data connection corresponds to a protocol data unit (PDU) session linking the user equipment, a base station, and a user plane function (UPF). a PDU session established between a UE, a gNB, and a user plane function (UPF) <FIG(s). 5; para. 0014>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by YAVUZ_953, MORRIS_328 and MERLIN_111 with the embodiment(s) disclosed by YANG_936. One of ordinary skill in the art would have been motivated to make this modification in order to improve the efficiency of both the UE and the network, since the number of mobility messages that need to be exchanged between the UE and the network may be reduced. <para. 0046>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over YAVUZ_953 (US20190288953) in view of MORRIS_328 (US20090067328), in view of MERLIN_111 (US20150063111), and further view of ROELAND_383 (US20150312383)
Claim(s) 6
YAVUZ_953 does not explicitly teach
wherein the data connection corresponds to a packet data network (PDN) connection linking the user equipment, a base station, and a serving gateway (SGW).
However in a similar endeavor, ROELAND_383 teaches
wherein the data connection corresponds to a packet data network (PDN) connection linking the user equipment, a base station, and a serving gateway (SGW). PDN connection for UE-eNB-AC-SGW-PGW. <FIG(s). 9; para. 0087-0088>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by YAVUZ_953, MORRIS_328 and MERLIN_111 with the embodiment(s) disclosed by ROELAND_383. One of ordinary skill in the art would have been motivated to make this modification in order to provide mechanisms by which an MPTCP proxy function common to two access networks can be located by both access networks in the event that the MPTCP proxy function is located at or below a PGW. <para. 0009>.
Allowable Subject Matter
Claim(s) is/are indicated as having allowable subject matter and objected to.
Claim(s) 2
The claim(s) is/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.
Closest art YAVUZ_953 teaches scheduling based on a packet delay budget, as discussed herein, does not teach scheduling based on BOTH packet delay budget and energy intensity-related indication.
Closest art PATEROMICHELAKIS - US20240172038 teaches there may be a configuration of a transmission schedule for V2P communications based on application QoS requirements and an energy optimization target and/or objective at the pedestrian UE but does not teach a packet delay budget.
In addition to the explicit reasons given herein, allowability is also determined in view of the combination of references required for obviousness, the inter-relationship between other claimed limitations, and the claimed invention as a whole. Accordingly, amendments that do not incorporate the allowable claims into the base/intervening claims in its entirely, are not allowable. This includes amendments that incorporate the allowable claims into the base/intervening claims in part or in a non-narrowing manner (i.e., changing the scope of the subject matter).
Examiner’s Notes
English Translations of Non-English Documents
Text herein may rely upon a non-English document. Any citations used herein for said document refers to paragraphs numbers in the (English) translated document, not the original non-English document.
Response to Arguments
The Reply’s arguments have been considered but are moot because the arguments do not apply to the rejection(s), which was necessitated by the Applicant’s amendments, being used in the current rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE TACDIRAN whose telephone number is 571-272-1717. The examiner can normally be reached on M-TH, 10-5PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/ANDRE TACDIRAN/
Primary Examiner, Art Unit 2415