DETAILED ACTION
I. This office action is in response to the correspondence field on December 19, 2023. Claims 29-48.
Notice of Pre-AIA or AIA Status
II. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
III. Claims 32, 36, 41, and 47 are objected to as being dependent upon a rejected base claim, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Objections
IV. Claims 32, 36, 41, and 47 are objected to because of the following informalities:
Claims 32, 36, 41, and 47 recite the acronym “LCI”. It would be more appropriate if the first occurrence of the acronym were spelled out with the acronym following in parenthesis. For the purpose of examination, the examiner will treat the acronym “LCI” as “LCID”.
Appropriate correction is required.
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.
V. Claims 33-36 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claim 33 recites “a first secondary RLC entity associated with the DRB” in line 9. It is unclear what “the DRB” refers to because the claim does not earlier recite a DRB. The limitation renders the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
For purposes of examination, the examiner will treat the following quotation from claim 33, “a first secondary RLC entity associated with the DRB” as
“a first secondary RLC entity associated with a Data Radio Bearer (DRB)”.
Claims 34-36 are dependent on claim 33 and are rejected for indefiniteness under 35 U.S.C. 112(b) for the same reasons given above regarding claim 33.
The following prior art rejection is based on the best possible interpretation of the claim language in light of the above rejection under 35 U.S.C. 112(b).
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.
VI. Claims 29, 33, 37, and 43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2019/0394693 A1).
Regarding claim 29 Kim teaches a method, performed by a wireless device operative in a wireless communication network, of transmitting uplink data packets using Packet Data Convergence Protocol (PDCP) packet duplication (see paragraphs [0052] – [0053] and Fig. 2A, A data radio bearer for which packet duplication transmission is configured. Packet duplication is performed by duplicating one packet in a PDCP layer of a transmitter and delivering the same to each of different radio link control (RLC) apparatuses. This reads on a wireless device operative in a wireless communication network, of transmitting uplink data packets using Packet Data Convergence Protocol (PDCP) packet duplication), the method comprising: in response to higher layer signaling from the network, configuring a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for PDCP duplication in association with a Data Radio Bearer (DRB) (see paragraphs [0053] and [0070] [0071], The base station transmits a radio resource control (RRC) configuration message to terminal. The base station may configure a radio bearer including at least two RLC apparatuses for one PDCP apparatus. The base station may configure a primary RLC apparatuses (1a-40, 1a-60, 1a-80) and a secondary RLC apparatuses (1a-50, 1a-70, 1a-90) (see paragraph [0053]). The terminal may receive the configuration and complete the configuration change of the terminal. This reads on in response to higher layer signaling from the network, configuring a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for PDCP duplication in association with a Data Radio Bearer (DRB); receiving a Layer-1 (L1) signal from the network requesting activation of PDCP duplication for a first secondary RLC entity associated with the DRB (see paragraphs [0058] & [0079] and Fig. 1B, A format of a packet duplication activation message employs the MAC CE format. If the secondary RLC of the DRB is connected to a first cell group, the terminal may apply activation of packet duplication of the DRB using a MAC CE transmitted on the first cell group. The base station transmits the packet duplication activation message to the terminal (see paragraph [0058] and Fig. 1B). This reads on receiving a Layer-1 (L1) signal from the network requesting activation of PDCP duplication for a first secondary RLC entity associated with the DRB); in response to the L1 signal, activating PDCP duplication on all of the plurality of secondary RLC entities in association with the DRB (see paragraphs [0058] & [0053], The base station may transmit a packet duplication activation message to the terminal including activation of secondary RLC of the DRB (see paragraph [0079]). The secondary RLC apparatuses 1a-50, 1a-70, 1a-90 are configured to perform packet delivery in a PDCP layer when packet duplication is active. This reads on in response to the L1 signal, activating PDCP duplication on all of the plurality of secondary RLC entities in association with the DRB).
Regarding claim 33 Kim teaches a wireless device operative in a wireless communication network, comprising: communication circuitry (2I-10, Fig. 2I) configured to wirelessly communicate with the network; and processing circuitry (2I-40, Fig. 2I) operatively connected to the communication circuitry (see paragraphs [0097] & [0148] – [0150] and Fig. 2A & Fig. 2I, Radio access network of the NR mobile communication system reads on wireless communication network) and configured to: in response to higher layer signaling from the network, configure a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for Packet Data Convergence Protocol (PDCP) duplication (see paragraphs [0053] and [0070] [0071], The base station transmits a radio resource control (RRC) configuration message to terminal. The base station may configure a radio bearer including at least two RLC apparatuses for one PDCP apparatus. The base station may configure a primary RLC apparatuses (1a-40, 1a-60, 1a-80) and a secondary RLC apparatuses (1a-50, 1a-70, 1a-90) (see paragraph [0053]). The terminal may receive the configuration and complete the configuration change of the terminal. This reads on in response to higher layer signaling from the network, configure a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for Packet Data Convergence Protocol (PDCP) duplication; receive a Layer-1 (L1) signal from the network requesting activation of PDCP duplication for a first secondary RLC entity associated with a Data Radio Bearer (DRB) (see paragraphs [0058] & [0079] and Fig. 1B, A format of a packet duplication activation message employs the MAC CE format. If the secondary RLC of the DRB is connected to a first cell group, the terminal may apply activation of packet duplication of the DRB using a MAC CE transmitted on the first cell group. The base station transmits the packet duplication activation message to the terminal (see paragraph [0058] and Fig. 1B). This reads on receive a Layer-1 (L1) signal from the network requesting activation of PDCP duplication for a first secondary RLC entity associated with a Data Radio Bearer (DRB)); in response to the L1 signal, activate PDCP duplication on all of the plurality of secondary RLC entities in association with the DRB (see paragraphs [0058] & [0053], The base station may transmit a packet duplication activation message to the terminal including activation of secondary RLC of the DRB (see paragraph [0079]). The secondary RLC apparatuses 1a-50, 1a-70, 1a-90 are configured to perform packet delivery in a PDCP layer when packet duplication is active. This reads on in response to the L1 signal, activate PDCP duplication on all of the plurality of secondary RLC entities in association with the DRB).
Regarding claim 37 Kim teaches a method, performed by a base station operative in a wireless communication network, of receiving uplink data packets using Packet Data Convergence Protocol (PDCP) packet duplication (see paragraphs [0052] – [0053] and Fig. 2A, A data radio bearer for which packet duplication transmission is configured. Packet duplication is performed by duplicating one packet in a PDCP layer of a transmitter and delivering the same to each of different radio link control (RLC) apparatuses. This reads on a method, performed by a base station operative in a wireless communication network, of receiving uplink data packets using Packet Data Convergence Protocol (PDCP) packet duplication), the method comprising: sending configuration information to a wireless device via higher layer signaling to configure a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for PDCP duplication in association with a Data Radio Bearer (DRB) (see paragraphs [0053] and [0070] [0071], The base station transmits a radio resource control (RRC) configuration message to terminal. The base station may configure a radio bearer including at least two RLC apparatuses for one PDCP apparatus. The base station may configure a primary RLC apparatuses (1a-40, 1a-60, 1a-80) and a secondary RLC apparatuses (1a-50, 1a-70, 1a-90) (see paragraph [0053]). The terminal may receive the configuration and complete the configuration change of the terminal. This reads on sending configuration information to a wireless device via higher layer signaling to configure a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for PDCP duplication in association with a Data Radio Bearer (DRB)) and sending a command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities in association with the DRB (see paragraphs [0058] & [0053], The base station may transmit a packet duplication activation message to the terminal including activation of secondary RLC of the DRB (see paragraph [0079]). The secondary RLC apparatuses 1a-50, 1a-70, 1a-90 are configured to perform packet delivery in a PDCP layer when packet duplication is active. This reads on sending a command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities in association with the DRB).
Regarding claim 43 Kim teaches a base station operative in a wireless communication network, comprising: communication circuitry (2j-10, Fig. 2J) configured to wirelessly communicate with wireless devices; and processing circuitry (2j-50, Fig. 2J) operatively connected to the communication circuitry see paragraphs [0097] & [0156] – [0158] and Fig. 2A & Fig. 2J, Radio access network of the NR mobile communication system reads on wireless communication network) and configured to
send configuration information to a wireless device via higher layer signaling to configure a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for Packet Data Convergence Protocol (PDCP) duplication in association with a Data Radio Bearer (DRB) (see paragraphs [0053] and [0070] [0071], The base station transmits a radio resource control (RRC) configuration message to terminal. The base station may configure a radio bearer including at least two RLC apparatuses for one PDCP apparatus. The base station may configure a primary RLC apparatuses (1a-40, 1a-60, 1a-80) and a secondary RLC apparatuses (1a-50, 1a-70, 1a-90) (see paragraph [0053]). The terminal may receive the configuration and complete the configuration change of the terminal. This reads on send configuration information to a wireless device via higher layer signaling to configure a primary Radio Link Control (RLC) entity and a plurality of secondary RLC entities for Packet Data Convergence Protocol (PDCP) duplication in association with a Data Radio Bearer (DRB)) and send a command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities in association with the DRB (see paragraphs [0058] & [0053], The base station may transmit a packet duplication activation message to the terminal including activation of secondary RLC of the DRB (see paragraph [0079]). The secondary RLC apparatuses 1a-50, 1a-70, 1a-90 are configured to perform packet delivery in a PDCP layer when packet duplication is active. This reads on send a command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities in association with the DRB).
Claim Rejections - 35 USC § 103
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 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.
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.
VII. Claims 30, 34, 39, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2019/0394693 A1) in view of Park et al. (US 11,258,549 B2).
Regarding claim 30 Kim teaches the method of claim 29 except for wherein the L1 signal requesting activation of PDCP duplication for the first secondary RLC entity comprises Downlink Control Information (DCI) transmitted on a Physical Downlink Control Channel (PDCC).
Park teaches Downlink Control Information (DCI) transmitted on a Physical Downlink Control Channel (PDCC) (see col. 8, lines 9-17, The wireless device may receive Downlink Control Information (DCI) via a PDCCH from a base station. This reads on Downlink Control Information (DCI) transmitted on a Physical Downlink Control Channel (PDCC)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the L1 signal requesting activation of PDCP duplication for the first secondary RLC entity in Kim adapt to include Downlink Control Information (DCI) transmitted on a Physical Downlink Control Channel (PDCC) because it is well-known for a base station, such as the one in Kim, to transmit configuration information to a terminal device using DCI on PDCCH and this mechanism for transmitting the configuration information can be used in Kim in the same way as it is used in Park.
Regarding claim 34 Kim and Park teach limitations as recited in claim 30 and therefore claim 34 is rejected for the same reasons given above.
Regarding claim 39 Kim and Park teach limitations as recited in claim 30 and therefore claim 39 is rejected for the same reasons given above.
Regarding claim 45 Kim and Park teach limitations as recited in claim 30 and therefore claim 45 is rejected for the same reasons given above.
VIII. Claims 31, 35, 40, and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2019/0394693 A1) in view of Park et al. (US 11,258,549 B2); Talarico et al. (US 11,071,139 B2); and Lu et al. (US 2021/0136866 A1).
Regarding claim 31 Kim and Park teach the method of claim 30 except for wherein the L1 signal requesting activation of PDCP duplication for the first secondary RLC entity comprises a Configured Grant (CG) type-2 activation DCI command comprising: a CG index; and a Logical Channel ID (LCID) associated with the first secondary RLC entity.
Talarico teaches a Configured Grant (CG) type-2 activation DCI command comprising: a CG index; and a Logical Channel ID (LCID) (see claim 1 and claim 2, The UE decodes downlink control information (DCI). The DCI is within a Layer 1 message from an next generation base station and the DCI includes a CG activation for a Type-2 configured grant in NR. This reads on a Configured Grant (CG) type-2 activation DCI command), comprising: a CG index; and a Logical Channel ID (LCID) (see col. 15, lines 7-11 41-45 and Table 4, The mapping between indexes and LCID values reads on a CG index; and a Logical Channel ID (LCID)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the wherein the L1 signal requesting activation of PDCP duplication for the first secondary RLC entity in the Kim and Park combination adapt to include a Configured Grant (CG) type-2 activation DCI command comprising: a CG index; and a Logical Channel ID (LCID) because such signaling for configuration of UE resources by the network is well-known in New Radio (NR) communications and would allow for efficient signaling of the activation request.
Lu teaches a Logical Channel ID (LCID) associated with the first secondary RLC entity (see paragraphs [0040] – [0042 and Table 1, A first RLC entity a first set of LCIDs and a second RLC entity uses a second set of LCIDs. This reads on a Logical Channel ID (LCID) associated with the first secondary RLC entity).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the LCID in the Kim, Park, and Talarico combination adapt to include being associated with the first secondary RLC entity because such association of resources is well-known in New Radio (NR) communications and would further allow for efficient signaling of the activation request.
Regarding claim 35 Kim, Park, Talarico, and Lu teach limitations as recited in claim 31 and therefore claim 35 is rejected for the same reasons given above.
Regarding claim 40 Kim, Park, Talarico, and Lu teach limitations as recited in claim 31 and therefore claim 40 is rejected for the same reasons given above.
Regarding claim 46 Kim, Park, Talarico, and Lu teach limitations as recited in claim 31 and therefore claim 46 is rejected for the same reasons given above.
IX. Claims 38 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2019/0394693 A1) in view of Zou et al. (US 2023/0292173 A1, including Provisional application No. 63/062,020, filed on Aug. 6, 2020).
Regarding claim 38 Park teaches the method of claim 37 except for in response to failing to receive a periodic packet from the primary RLC entity within a predetermined Packet Delay Budget (PDB) after the packet arrival time, sending the command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities.
Zou teaches in response to failing to receive a periodic packet from the primary RLC entity within a predetermined Packet Delay Budget (PDB) after the packet arrival time, sending the command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities (see paragraphs [0063]; [0072]; [0074], The UE activates PDCP duplication transmissions based on a PDCP discard timer expiry. The discard timer is configured within a value close to the Packet Delay Budget (PDB). When the timer expires it is a triggering point for PDCP packet duplication of subsequent transmissions. Each PDCP duplication leg is associated with an RLC entity. PDCP duplication can be activated wherein two RLC entities for PDCP duplications are activated. This reads on in response to failing to receive a periodic packet from the primary RLC entity within a predetermined Packet Delay Budget (PDB) after the packet arrival time, sending the command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Kim adapt to include in response to failing to receive a periodic packet from the primary RLC entity within a predetermined Packet Delay Budget (PDB) after the packet arrival time, sending the command to the wireless device, via L1 signaling, activating PDCP duplication for all of the plurality of secondary RLC entities because it would allow for increased reliability of packet transmission (see Zou, abstract).
Regarding claim 44 Kim and Zou teach limitations as recited in claim 38 and therefore claim 44 is rejected for the same reasons given above.
X. Claims 42 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2019/0394693 A1) in view of Zou et al. (US 2023/0292173 A1, including Provisional application No. 63/062,020, filed on Aug. 6, 2020).
Regarding claim 42 Kim teaches the method of claim 37 including wherein the base station receives uplink data packets (see Kim, paragraph [0098] and Fig. 2A, The terminal transmitting data to the gNB reads on base station receives uplink data packets) and except for in a Time Sensitive Communication (TSC) Quality of Service (QOS) flow.
Zou teaches Time Sensitive Communication (TSC) Quality of Service (QOS) flow (see paragraphs [0005] – [0008], T13GPP TS 23.501 v16.5.0 species Time Sensitive Communication (TSC) signaling with QoS flow traffic. This reads on Time Sensitive Communication (TSC) Quality of Service (QOS) flow).
would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the base station receives uplink data packets in Kim adapt to include in a Time Sensitive Communication (TSC) Quality of Service (QOS) flow because such signaling is well known in the art (see Zou, above) and because it would allow for improved packet transmission quality (see Zou, abstract).
Regarding claim 48 Kim and Zou teach limitations as recited in claim 42 and therefore claim 48 is rejected for the same reasons given above.
Conclusion
XI. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jiang Pub. No.: US 2020/0245330 A1 discloses supplementary uplink carrier configuration method and device, and scheduling resource allocation method and device (see abstract).
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
February 6, 2026