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 .
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.
Claims 1,22,and 28 are rejected under 35 U.S.C. 102(a1) as being anticipated by Samsung ( Report from email discussion QoS solutions).
For independent claim 1, Samsung ( Report from email discussion QoS solutions) discloses: a method for configuring information, which is applied to a terminal device, the method comprising, transmitting a data packet to a base station; and performing a packet data convergence protocol (PDCP) duplication transmission according to a reception of feedback information for the data packet ( See page 32 as it teaches HARQ-NACK is provided for a current MAC PDU ( packet A) and the UE will trigger PDCP duplication only after HARQ-NACK received); and further comprising, starting a timer in response to a transmission of the data packet to the base station ( See item 2.2 in pages 16 and 17) ; starting a timer in response to a transmission of the data packet to the base station( See item 2.2 in pages 16 and 17).
For dependent claims 22, and 28, Samsung ( Report from email discussion QoS solutions) also discloses:
transmitting, by a PDCP layer, the data packet to the base station; and controlling the PDCP layer to start the timer( See item 2.2 in pages 16 and 17); and starting a timer in response to a transmission of the data packet to the base station, which comprises, transmitting by a radio link layer control protocol layer, the data packet to the base station; and controlling the radio link layer control protocol layer to start the timer( See item 2.2 in pages 16 and 17).
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.
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 inventor 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.
Claims 38 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Samsung ( Report from email discussion QoS solutions) in view of Nam (2016/0157218).
For claims 38-39, Samsung ( Report from email discussion QoS solutions) discloses: An apparatus for configuring information, which is applied to a terminal device, the method comprising, transmitting a data packet to a base station; and performing a packet data convergence protocol (PDCP) duplication transmission according to a reception of feedback information for the data packet ( See page 32 as it teaches HARQ-NACK is provided for a current MAC PDU ( packet A) and the UE will trigger PDCP duplication only after HARQ-NACK received).
For independent claims 38-39, Samsung ( Report from email discussion QoS solutions) discloses: a method for configuring information, which is applied to a terminal device, the method comprising, transmitting a data packet to a base station; and performing a packet data convergence protocol (PDCP) duplication transmission according to a reception of feedback information for the data packet ( See page 32 as it teaches HARQ-NACK is provided for a current MAC PDU ( packet A) and the UE will trigger PDCP duplication only after HARQ-NACK received); and further comprising, starting a timer in response to a transmission of the data packet to the base station ( See item 2.2 in pages 16 and 17) ; starting a timer in response to a transmission of the data packet to the base station( See item 2.2 in pages 16 and 17).
For Claims 38-39, Samsung discloses all the subject matter of the claimed invention with the exception of memory, processor and a non-transitory computer readable medium having executable codes in a communications network. Nam et al. from the same or similar fields of endeavor teaches a provision of the memory, processor and a non-transitory computer readable medium having executable codes ( See paragraphs 0014 and 0052). Thus, it would have been obvious to the person of ordinary skill in the art at the time of the invention to use memory, processor and a non-transitory computer readable medium having executable codes as taught by Nam et al. in communication network of Samsung for the purpose of storing codes in the memory to execute the process by the processor.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Samsung ( Report from email discussion QoS solutions) in view of Zhang et al. (2022/0086707).
For claim 3, Samsung ( Report from email discussion QoS solutions discloses all the subject matter of the claimed invention with the exception of stopping the timer, which comprises, stopping the timer in response to a number of received retransmission schedules for the data packet being greater than or equal to a first threshold number before the timer does not exceed a timing threshold; wherein the retransmission schedules are received by a media access control (MAC) layer in a communications network. Zhang et al. from the same or similar field of endeavor teaches a provision of stopping the timer, which comprises, stopping the timer in response to a number of received retransmission schedules for the data packet being greater than or equal to a first threshold number before the timer does not exceed a timing threshold; wherein the retransmission schedules are received by a media access control (MAC) layer in a communications network ( See paragraph 0112 lines 1-16). Thus, it would have been obvious to the person of ordinary skill in the art at the time of the invention to use stopping the timer, which comprises, stopping the timer in response to a number of received retransmission schedules for the data packet being greater than or equal to a first threshold number before the timer does not exceed a timing threshold; wherein the retransmission schedules are received by a media access control (MAC) layer in a .
communications network as taught by Zhang et al. in the communication of Samsung ( Report from email discussion QoS solutions) for the purpose of making the system more reliable.
Claims 4,6,9,10,11,12,15,17,20,23,23,24,25, and 30 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.
Applicant’s arguments with respect to claim(s) 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.
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272- 3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM.
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, Ayaz Sheikh can be reached at 571-272-3795. 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.
/DANG T TON/
Primary Examiner, Art Unit 2476
/D.T.T/
Primary Examiner, Art Unit 2476
Prosecution Insights