DETAILED ACTION
1. Claims 23-40 have been examined and are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on 12/28/2023 and 2/06/2025 have been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
5. The drawings were received on 12/28/2023. These drawings are accepted.
Specification
6. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claims 23-26, 29, 30, 32-35, 38, and 39 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by United States Patent Application Publication 2021/0368580 A1 to Wu, hereinafter “Wu”.
Regarding Claim 23, Wu discloses a wireless transmit/receive unit (WTRU) comprising memory and a processor, the WTRU configured to:
receive configuration information regarding at least one bearer (Wu: [0007], [0036-0038], [0046-0048] – a terminal device receives a configuration message from a network device indicating at least a bearer, or target bearer (radio bearer (RB)).), the configuration information comprising:
an indication of at least one communication path associated with each bearer of the at least one bearer (Wu: [0036-0038], [0046-0048], [0053] – corresponds to receiving, in the configuration, one or more communication paths of the at least one RB.); and
a channel condition threshold associated with each bearer of the at least one bearer (Wu: [0070-0071], [0075-0082] – a network device transmits (in a configuration) one or more of a preset condition of the one or more paths of the one or more bearers, or a channel quality parameter of the one or more paths of the one or more bearers.);
determine that first data associated with a first bearer of the at least one bearer is eligible for transmission (Wu: [0037-0038], [0040-0043], [0084-0089] – after RB configuration, a plurality of data packets and information regarding the data packets is communicated between the terminal device and the network device, for the purpose of communication validity, which suggests data packet eligibility.); and
determine a set of communication paths associated with the first bearer for transmitting the first data (Wu: [0037-0042] – corresponds to determining one or more configuration paths and/or active paths associated with a target RB for data transmission.), wherein the set of communication paths comprises one or more communication paths of the at least one communication path associated with the first bearer (Wu: [0037-0042] – corresponds to determining one or more configuration paths and/or active paths associated with a target RB for data transmission.), and wherein the determination of the set of communication paths for transmitting the first data is based upon a comparison of a channel condition value of each communication path of the set of communication paths with the channel condition threshold associated with the first bearer (Wu: [0070-0071], [0075-0082] – a network device transmits (in a configuration) one or more of a preset condition of the one or more paths of the one or more bearers, or a channel quality parameter of the one or more paths of the one or more bearers. In one scenario, a path selected as the bearer path is based on a comparison of received signal received power (RSRP) channel quality parameter, either above or below a threshold.).
Regarding Claim 24, Wu discloses the WTRU of claim 23, wherein each communication path of the at least one communication path is associated with a secondary cell group (SCG) (Wu: [0053] – an identifier of an SCG may be utilized to determine the plurality of active paths. See also [0069-0071].) or associated with a relay node (alternative or dispositive limitation).
Regarding Claim 25, Wu discloses the WTRU of claim 23, wherein:
the channel condition threshold associated with the first bearer comprises a reference signal received power (RSRP) threshold associated with the first bearer (Wu: [0070-0071], [0075-0082] – a network device transmits (in a configuration) one or more of a preset condition of the one or more paths of the one or more bearers, or a channel quality parameter of the one or more paths of the one or more bearers. In one scenario, a path selected as the bearer path is based on a comparison of received signal received power (RSRP) channel quality parameter, either above or below a threshold.);
the channel condition value of each communication path of the set of communication paths comprises a RSRP value of each communication path of the set of communication paths (Wu: [0077] – “For example, if the plurality of active paths include a path 1 and a path 2, the preset channel quality parameter is reference signal received power (RSRP), and RSRP of the path 1 is greater than RSRP of the path 2, it indicates that channel quality of the path 1 is best, and the path 1 may be used as a bearer path.”); and
the comparison of the channel condition value of each communication path of the set of communication paths with the channel condition threshold associated with the first bearer comprises the RSRP value of each communication path of the set of communication paths being greater than or equal to the RSRP threshold associated with the first bearer (Wu: [0079] – “For example, if the plurality of active paths include a path 1 and a path 2, the preset channel quality parameter is RSRP, the preset threshold is RSRP=−20 dBm, RSRP of the path 1 is greater than the preset threshold, and RSRP of the path 2 is less than the preset threshold, it indicates that channel quality of the path 1 is better, and the path 1 may be used as a bearer path.” See also [0081-0082].).
Regarding Claim 26, Wu discloses the WTRU of claim 23, wherein the determination that the first data associated with the first bearer of the at least one bearer is eligible for transmission, is based upon an uplink (UL) split bearer threshold associated with the first bearer (Wu: [0134-0138] – corresponds to determining the bearer type to be a split bearer for the purpose of (as an example) data duplication on one or more paths of the bearer.).
Regarding Claim 29, Wu discloses the WTRU of claim 23, wherein the first data is in the form of a protocol data unit (PDU) (Wu: [0005-0006], [0090] – the embodiments described by Wu include PDCP duplication, which necessarily include transmission/reception of PDUs.).
Regarding Claim 30, Wu discloses the WTRU of claim 23, further configured to transmit the first data via the set of communication paths associated with the first bearer (Wu: [0037-0042] – corresponds to determining one or more configuration paths and/or active paths associated with a target RB for data transmission.).
Claims 32-35, 38, and 39, directed to a method embodiment of claims 23-26, 29, and 30, recite similar features as claims 23-26, 29, and 30, respectively, and are therefore rejected upon the same grounds as claims 23-26, 29, and 30. Please see above rejections of claims 23-26, 29, and 30.
Claim Rejections - 35 USC § 103
10. 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.
11. 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.
12. 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.
13. 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.
14. Claims 27, 28, 36, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of United States Patent Application Publication 2021/0251031 A1 to Zhang et al., hereinafter “Zhang”.
Regarding Claim 27, Wu discloses the WTRU of claim 23, wherein Wu further discloses PDCP duplication on one or more paths that may be configured on a split bearer (Wu: [0007], [0036-0038], [0046-0048] – a terminal device receives a configuration message from a network device indicating at least a bearer, or target bearer (radio bearer (RB)); [0137].), and the number of communications paths are described with examples to include only two paths (Wu: [0060-0066]), but Wu does not expressly disclose the configuration information comprises a maximum number of communication paths that can be associated with each bearer of the at least one bearer.
However, this feature cannot be considered new or novel in the presence of Zhang. Zhang is similarly concerned with bearer control, particular to configurations that include split bearers (Zhang: [0008-0010]). Zhang discloses configuration information comprises a maximum number of communication paths that can be associated with each bearer of the at least one bearer (Zhang: [0013-0018] – corresponds to configuring a bearer with a specific number of paths in the bearer. See also [0025], [0047-0049].).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the bearer configuration of Wu in view of the bearer configuration of Zhang to configure a maximum number of paths per bearer for the reasons of satisfying a reliability requirement for data transmission (Zhang: [0006-0007]).
Regarding Claim 28, Wu discloses the WTRU of claim 23, wherein Wu further discloses PDCP duplication on one or more paths that may be configured on a split bearer (Wu: [0007], [0036-0038], [0046-0048] – a terminal device receives a configuration message from a network device indicating at least a bearer, or target bearer (radio bearer (RB)); [0137].), and the number of communications paths are described with examples to include only two paths (Wu: [0060-0066]), but Wu does not expressly disclose the set of communication paths associated with the first bearer for transmitting the first data comprises a number of communication paths less than or equal to a maximum number of communication paths that can be associated with the first bearer.
However, this feature cannot be considered new or novel in the presence of Zhang. Zhang is similarly concerned with bearer control, particular to configurations that include split bearers (Zhang: [0008-0010]). Zhang discloses the set of communication paths associated with the first bearer for transmitting the first data comprises a number of communication paths less than or equal to a maximum number of communication paths that can be associated with the first bearer (Zhang: [0013-0018] – corresponds to configuring a bearer with a specific number of paths in the bearer, suggesting at least an equal number of paths per the maximum. See also [0025], [0047-0049], [0156-0164].).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the bearer configuration of Wu in view of the bearer configuration of Zhang to configure a maximum number of paths per bearer for the reasons of satisfying a reliability requirement for data transmission (Zhang: [0006-0007]).
Claims 36 and 37, dependent upon claim 32, recite similar features as claims 27 and 28, respectively, and are therefore rejected upon the same grounds as claims 27 and 28. Please see above rejections of claims 27 and 28.
15. Claims 31 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of United States Patent Application Publication 2022/0007443 A1 to Xu et al., hereinafter “Xu”.
Regarding Claim 31, Wu discloses the WTRU of claim 23, but does not expressly disclose wherein all communication paths of the set of communications paths are configured on a specific frequency band.
However, this feature cannot be considered new or novel in the presence of Xu. Xu is similarly concerned with split bearer configurations (Xu: [0004]). Xu discloses wherein all communication paths of the set of communications paths are configured on a specific frequency band (Xu: [0103] – corresponds to the split bearer (or MCG/SCG) having paths with a preferred frequency band (i.e., FR1 or FR2).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the bearer configuration of Wu in view of the bearer configuration of Xu to configure a frequency for paths per bearer for the reasons of controlling power consumptions in order to reduce overheating based on the bearer type (Xu: [0090]).
Claim 40, dependent upon claim 32, recites similar features as claim 31 and is therefore rejected upon the same grounds as claim 31. Please see above rejection of claim 31.
Conclusion
16. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
17. The prior art made of record (please see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure. Examiner notes the following references not by order of relevance, but to include relevant portions Applicant should consider when issuing a response.
US PGPub 2025/0081278 A1 to Chang et al. at [0096];
US PGPub 2022/0287125 A1 to Bathwal et al. at [0007], [0076], [0088], [0117]; and
US PGPub 2021/0076441 A1 to Guha et al. at [0063-0065].
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 February 27, 2026