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 1,2,22,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) .
For dependent claims 2,22, and 28, Samsung ( Report from email discussion QoS solutions) also discloses:
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, which comprises, 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 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.
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 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 the 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 4,6,9,10,11,12,15,17,20,23,24,25, 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kung et al. (2020/0389257), Baek et al. (2020/0351832), and Loehr et al. (2020/0274654) are all cited to show systems which are considered pertinent to the claimed invention.
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/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476