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 .
DETAILED ACTION
This office action is in response to the claims received on 3/15/2024.
Communications via email (MPEP 502.03)
In order to advance prosecution of the instant application, the Applicants are invited to file a form PTO/SB/439 "Internet Communications Authorized", and to include, in their response, the Applicants’ contact telephone number and e-mail address:
http://www.uspto.gov/sites/default/files/documents/sb0439.pdf
Allowable Subject Matter
Claims 9, 11-14 would be allowable if rewritten to overcome the objections and rejections set forth in this office action, e.g., double patenting rejections, and to include all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Indicating Allowable Subject Matter
The following is an examiner’s statement of reasons for indication of allowable subject matter: Claim 2, a method claim, is the broadest independent claim. Independent claim 15 incorporates all limitations of claim 2.
Phuyal et al (publication number 2019/0124546), hereinafter Phuyal, teaches a LTE network where user equipments (UE’s) transmit a buffer status report (BSR) to their respective serving base stations, as represented in Fig. 4. Phuyal's BSR indicates buffer sizes within the UE; Phuyal’s BSR is broken down by data radio bearer (DRB); each DRB is identified by a DRB ID.
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Kodali et al (publication number 2017/0359750), hereinafter Kodali, teaches (please refer to Kodali Fig. 5) a user equipment (UE) which generates a Buffer Status Report (BSR) which indicates an amount of uplink data that the UE is currently storing in buffers and that it would like to transmit to its serving base station. Kodali's BSR indicates a logical channel identifier of the data bearer that will be used to transmit the buffered data. Kodali's BSR includes both uplink data buffered at a baseband processor of the UE and uplink data buffered at an application processor of the UE.
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Regarding claim 9, Phuyal teaches that the eNB tries to ensure QoS for the UE by reducing interference from other sources. However, Phuyal doesn't determine an amount of data in the at least one buffer of a processor using data related to a quality of service (QoS) flow identifier (QFI).
Regarding claim 11, Phuyal teaches that the eNB requests for the UE to transmit data on the uplink, based on a BSR sent by the UE to the eNB. However, Phuyal falls short of a status request being transmitted from the baseband processor to the application processor.
Regarding claim 12, Phuyal teaches using a PDCP control PDU to send the BSR from the UE to the eNB. However, Phuyal falls short of determining the second amount of data in the at least one buffer of the application processor using a control packet data unit (PDU).
Regarding claim 13, Kodali teaches determining, by the baseband processor, an amount of data in the DRB buffer and the second amount of data in the at least one buffer of the application processor; and generating, by the baseband processor based at least in part on the pre-determined BSR, the BSR. However, Kodali falls short of determining which app on the smart phone corresponds to the data buffered in the AP.
Regarding claim 14, Kodali teaches wherein generating the BSR is based on: the first amount of data in the DRB buffer of the BB, and a second amount of data in the DRB buffer of the AP. However, Kodali falls short of a third amount of data in a buffer from a plurality of buffers of the application processor, a fourth amount of data in the plurality of buffers of the application processor, or a percentage of the first amount of data in the DRB buffer of the baseband processor to an amount of data in a plurality of DRB buffers of the baseband processor.
Therefore, in view of their respective base claims, the further limitations of the above-mentioned claims in combination with all of the limitations of the base claim and any intervening claims, are neither anticipated nor rendered obvious by the prior art.
Double Patenting
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 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 nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/ patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/ patents/apply/applying-online/eterminal-disclaimer
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of application number 15/390,822, now patent number 11,985,539 or "reference patent", and further in view of Phuyal et al (publication number 2019/0124546), hereinafter Phuyal. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claimed limitations recited in the present (instant) application are transparently found in the reference patent with obvious wording variations.
As shown in the table below, the reference patent claims inherently or explicitly teach the examined application claims:
Instant application claims:
Reference patent claims:
2. (New) A method comprising:
generating, by a baseband processor of a user equipment (UE), a buffer status report (BSR) based at least in part on a first amount of data in a data radio bearer (DRB) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE.
1. A method to be performed by a baseband processor of a user equipment (UE), wherein the method comprises:
identifying, by the baseband processor of the UE, an amount of data in a data radio bearer (DRB) buffer of the baseband processor of the UE;
determining, by the baseband processor of the UE based on an indication from an application processor of the UE, an amount of data in at least one buffer of the application processor of the UE; and
generating, by the baseband processor of the UE based at least in part on the amount of data in the DRB buffer and the amount of data in the at least one buffer of the application processor of the UE, a buffer status report (BSR) for the UE.
3. (New) The method of claim 2, wherein generating the BSR comprises generating the BSR that includes data for uplink data pending at the UE in the DRB buffer of the baseband processor of the UE and the at least one buffer of the application processor of the UE.
19. The method of claim 1, wherein generating the BSR comprises generating the BSR that includes data for uplink data pending at the UE in the DRB buffer of the baseband processor of the UE and the at least one buffer of the application processor of the UE.
4. (New) The method of claim 2, comprising determining the second amount of data in the at least one buffer of the application processor of the UE that is larger than and buffers data for the DRB buffer of the baseband processor of the UE.
18. The method of claim 1, wherein determining the amount of data in the at least one buffer of the application processor of the UE comprises determining the amount of data in the at least one buffer of the application processor of the UE that is larger than and buffers data for the DRB buffer of the baseband processor of the UE.
5. (New) The method of claim 2, comprising determining the second amount of data in the at least one buffer of the application processor using one or more control plane elements for transmissions by the UE.
17. The method of claim 1, wherein the indication comprises control plane elements for transmissions by the UE.
6. (New) The method of claim 2, comprising determining the second amount of data in the at least one buffer of the application processor using data related to a hash that is based at least in part on data of the application processor that is related to an internet protocol (IP) flow.
2. The method of claim 1, wherein the indication is related to a hash that is based at least in part on data of the application processor that is related to an internet protocol (IP) flow.
7. (New) The method of claim 6, wherein the hash is related to a logical channel group (LCG) of data.
3. The method of claim 2, wherein the hash is related to a logical channel group (LCG) of data.
8. (New) The method of claim 6, comprising computing the hash.
10. An apparatus comprising: an application processor of a user equipment (UE); a baseband processor of the UE communicatively coupled with the application processor; and one or more non-transitory computer-readable media comprising instructions that, upon execution of the instructions by the baseband processor of the UE, are to cause the baseband processor of the UE to: identify an amount of data in a data radio bearer (DRB) buffer of the baseband processor of the UE; identify, in a transmission from the application processor of the UE, an indication of an amount of data in at least one buffer of the application processor of the UE; and generate, based at least in part on the amount of data in the DRB buffer and the amount of data in the at least one buffer of the application processor of the UE, a buffer status report (BSR) for the UE.
9. (New) The method of claim 2, comprising determining the second amount of data in the at least one buffer of the application processor using data related to a quality of service (QoS) flow identifier (QFI) that is based at least in part on the second amount of data in the at least one buffer of the application processor.
4. The method of claim 1, wherein the indication is related to a quality of service (QoS) flow identifier (QFI) that is based at least in part on the amount of data in the at least one buffer of the application processor.
10. (New) The method of claim 2, comprising determining the second amount of data in the at least one buffer of the application processor using data related to a number of packets or a number of bytes that are in an internet protocol (IP) flow that is to be transmitted from the application processor to the baseband processor.
5. The method of claim 1, wherein the indication is related to a number of packets or a number of bytes that are in an internet protocol (IP) flow that is to be transmitted from the application processor to the baseband processor.
11. (New) The method of claim 2, comprising determining the second amount of data in the at least one buffer of the application processor based at least in part on a status request that was previously transmitted from the baseband processor to the application processor.
6. The method of claim 1, wherein the indication is based at least in part on a status request that was previously transmitted from the baseband processor to the application processor.
12. (New) The method of claim 2, comprising determining the second amount of data in the at least one buffer of the application processor using a control packet data unit (PDU) that is related to a PDU session of the application processor.
7. The method of claim 1, wherein the indication is a control packet data unit (PDU) that is related to a PDU session of the application processor.
13. (New) The method of claim 2, wherein generating the BSR comprises: determining, by the baseband processor, an application that is related to the first amount of data in the DRB buffer and the second amount of data in the at least one buffer of the application processor; selecting, by the baseband processor based at least in part on pre-identified stored data and the application, a pre-determined BSR related to the application; and generating, by the baseband processor based at least in part on the pre-determined BSR, the BSR.
8. The method of claim 1, further comprising: identifying, by the baseband processor, an application that is related to the amount of data in the DRB buffer and the amount of data in the at least one buffer of the application processor; identifying, by the baseband processor based at least in part on pre-identified stored data and the application, a pre-determined BSR related to the application; and generating, by the baseband processor based at least in part on the pre-determined BSR, the BSR.
14. (New) The method of claim 2, wherein generating the BSR is based at least in part on: the first amount of data in the DRB buffer, and a third amount of data in a buffer from a plurality of buffers of the application processor, the third amount of data in the buffer from the plurality of buffers determined using a fourth amount of data in the plurality of buffers of the application processor and a percentage of the first amount of data in the DRB buffer of the baseband processor to a fifth amount of data in a plurality of DRB buffers of the baseband processor.
9. The method of claim 1, further comprising: determining, by the baseband processor based on the indication, an amount of data in a plurality of buffers of the application processor; determining, by the baseband processor, a percentage of the amount of data in the DRB buffer of the baseband processor to an amount of data in a plurality of DRB buffers of the baseband processor; determining, by the baseband processor based at least in part on the percentage and the amount of data in the plurality of buffers of the application processor, an amount of data in a buffer of the plurality of buffers of the application processor; and generating, by the baseband processor based at least in part on the amount of data in the buffer of the plurality of buffers of the application processor and the amount of data in the DRB buffer of the baseband processor, the BSR.
15. (New) A baseband processor configured to, when executing instructions stored in a memory, perform operations comprising:
generating, by the baseband processor of a user equipment (UE), a buffer status report (BSR) based at least in part on a first amount of data in a data radio bearer (DRB) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE.
10. An apparatus comprising: an application processor of a user equipment (UE); a baseband processor of the UE communicatively coupled with the application processor; and one or more non-transitory computer-readable media comprising instructions that, upon execution of the instructions by the baseband processor of the UE, are to cause the baseband processor of the UE to:
identify an amount of data in a data radio bearer (DRB) buffer of the baseband processor of the UE;
identify, in a transmission from the application processor of the UE, an indication of an amount of data in at least one buffer of the application processor of the UE; and
generate, based at least in part on the amount of data in the DRB buffer and the amount of data in the at least one buffer of the application processor of the UE, a buffer status report (BSR) for the UE.
16. (New) The processor of claim 15, wherein generating the BSR comprises generating the BSR that includes data for uplink data pending at the UE in the DRB buffer of the baseband processor of the UE and the at least one buffer of the application processor of the UE.
19. The method of claim 1, wherein generating the BSR comprises generating the BSR that includes data for uplink data pending at the UE in the DRB buffer of the baseband processor of the UE and the at least one buffer of the application processor of the UE.
17. (New) The processor of claim 15, the operations comprising determining the second amount of data in the at least one buffer of the application processor of the UE that is larger than and buffers data for the DRB buffer of the baseband processor of the UE.
18. The method of claim 1, wherein determining the amount of data in the at least one buffer of the application processor of the UE comprises determining the amount of data in the at least one buffer of the application processor of the UE that is larger than and buffers data for the DRB buffer of the baseband processor of the UE.
18. (New) The processor of claim 15, the operations comprising determining the second amount of data in the at least one buffer of the application processor using one or more control plane elements for transmissions by the UE.
17. The method of claim 1, wherein the indication comprises control plane elements for transmissions by the UE.
19. (New) The processor of claim 15, the operations comprising determining the second amount of data in the at least one buffer of the application processor using data related to a hash that is based at least in part on data of the application processor that is related to an internet protocol (IP) flow.
2. The method of claim 1, wherein the indication is related to a hash that is based at least in part on data of the application processor that is related to an internet protocol (IP) flow.
20. (New) The processor of claim 19, wherein the hash is related to a logical channel group (LCG) of data.
3. The method of claim 2, wherein the hash is related to a logical channel group (LCG) of data.
21. (New) The processor of claim 19, the operations comprising computing the hash.
10. An apparatus comprising: an application processor of a user equipment (UE); a baseband processor of the UE communicatively coupled with the application processor; and one or more non-transitory computer-readable media comprising instructions that, upon execution of the instructions by the baseband processor of the UE, are to cause the baseband processor of the UE to: identify an amount of data in a data radio bearer (DRB) buffer of the baseband processor of the UE; identify, in a transmission from the application processor of the UE, an indication of an amount of data in at least one buffer of the application processor of the UE; and generate, based at least in part on the amount of data in the DRB buffer and the amount of data in the at least one buffer of the application processor of the UE, a buffer status report (BSR) for the UE.
The reference patent does not explicitly claim: "sending, to an interface with radio frequency circuitry, the generated BSR for transmission to a base station".
Phuyal teaches: Sending, to an interface with radio frequency circuitry (Phuyal's Radio Frequency Circuitry 106 of Fig. 1, described in par. 37: The baseband circuitry 104, including baseband processors 104a-d, communicates with the radio network via RF circuitry 106), the generated BSR for transmission to a base station (Phuyal Fig. 4 operation 1 described in par. 66: the UE 410 transmits more than one BSR to the eNB 430 to provide details regarding various DRBs).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of the reference patent, by claiming Phuyal's Fig. 4 operation 1 described in par. 66, where the UE 410 transmits more than one BSR to the eNB 430 to provide details regarding various DRBs, as suggested by Phuyal, in order to improve LTE-WLAN aggregation (LWA) communications by enabling an eNB to determine an amount of uplink (UL) data that a UE should transmit over a WLAN channel and an LTE channel. (Phuyal par. 25). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Claims 2, 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of application number 15/177,527, now patent number 10,015,694 or "reference patent", and further in view of its publication Kodali et al (publication number 2017/0359750), hereinafter Kodali. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present (instant) application are transparently found in the reference patent with obvious wording variations.
As shown in the table below, the reference patent claims inherently or explicitly teach each and every limitation of, therefore anticipates the examined application claims:
Instant application claims:
Reference patent claims:
2. (New) A method comprising:
generating, by a baseband processor of a user equipment (UE), a buffer status report (BSR) based at least in part on a first amount of data in a data radio bearer (DRB) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE; and
sending, to an interface with radio frequency circuitry, the generated BSR for transmission to a base station.
14. A method for a wireless user device, the method comprising: by a wireless device:
determining an amount of buffered uplink data to be reported in a buffer status report;
categorizing a first portion of the buffered uplink data to be reported in the buffer status report using a traffic flow template,
wherein the first portion of the buffered uplink data is stored in a baseband processor buffer of the wireless device,
wherein a second portion of the buffered uplink data to be reported in the buffer status report is not categorized using the traffic flow template,
wherein the second portion of the buffered uplink data is stored in an application processor buffer of the wireless device; and
transmitting the buffer status report to a base station providing a serving cell to the wireless device.
15. (New) A baseband processor configured to, when executing instructions stored in a memory, perform operations comprising:
generating, by the baseband processor of a user equipment (UE), a buffer status report (BSR) based at least in part on a first amount of data in a data radio bearer (DRB) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE; and
sending, to an interface with radio frequency circuitry, the generated BSR for transmission to a base station.
1. An apparatus, comprising a baseband processing element and a baseband memory medium configured to cause a wireless device to:
determine an amount of uplink data buffered at the baseband memory medium;
receive an indication of an amount of uplink data buffered at an application processor of the wireless device;
transmit a buffer status report to a base station providing a serving cell to the wireless device, wherein an amount of uplink data to be transmitted indicated by the buffer status report is based on both the amount of uplink data buffered at the baseband memory medium and the amount of uplink data buffered at the application processor.
The reference patent does not explicitly claim: "data radio bearer (DRB)".
Kodali teaches (please refer to Kodali Figs. 3, 5): Generating, by a baseband processor of a user equipment (UE, Kodali Fig. 3 described in par. 40, 41, represents a block diagram of a user equipment (UE), including a baseband processor 330 and the baseband processor's buffer 332), a buffer status report (BSR, Kodali par. 53: a UE provides a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data (e.g., internet protocol (IP) data) that the wireless device is currently storing in buffers and that it would like to transmit) based at least in part on a first amount of data in a data radio bearer (DRB, Kodali's par. 64 explains that the BSR indicates a logical channel identifier of the data bearer that will be used to transmit the buffered data) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE (Kodali Fig. 5 operation 508 described in par. 61: "In 508, a BSR indicating both categorized and uncategorized buffered uplink data may be transmitted. For example, the BSR may indicate both uplink data buffered at BB, which has been categorized, and uplink data buffered at AP, which has not been categorized").
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the claims of the reference patent, by enabling a UE to provide a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data that the wireless device is currently storing in buffers and that it would like to transmit, the BSR indicating both uplink data buffered at BB and uplink data buffered at AP, the BSR indicating also a logical channel identifier of the data bearer that will be used to transmit the buffered data, as suggested by Kodali, in order to facilitate efficient uplink communication by also including uplink data buffered at the application processor in the buffer status report; this would prevent instances where a BSR would report a larger amount of data than the baseband uplink data buffer has capacity to store (Kodali par. 4). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Subject Matter Eligible under 35 USC 101
Please refer to the Subject Matter Eligibility Test for Products and Processes in MPEP 2106 and in the 2019 Revised Patent Subject Matter Eligibility Guidance, hereinafter, the “2019 PEG”:
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Step 1: See MPEP 2106.03: 35 U.S.C. 101 enumerates four categories of subject matter that Congress deemed to be appropriate subject matter for a patent: processes, machines, manufactures and compositions of matter. Claims 2-21 include claims directed to a process, and claims directed to a machine, which are statutory categories. Therefore, the answer in step 1 is YES.
Step 2A: MPEP 2106 subclause II. “ELIGIBILITY STEP 2A: WHETHER A CLAIM IS DIRECTED TO A JUDICIAL EXCEPTION” explains that Step 2A is a two-prong inquiry, in which examiners determine in Prong One whether a claim recites a judicial exception, and if so, then determine in Prong Two if the recited judicial exception is integrated into a practical application of that exception. Together, these prongs represent the first part of the Alice/Mayo test, which determines whether a claim is directed to a judicial exception.
Step 2A prong 1: The 2019 PEG explains that Step 2A prong 1 procedure for determining whether a claim “recites” an abstract idea is: identify the specific limitation(s) in the claim under examination that the examiner believes recites an abstract idea; and determine whether the identified limitation(s) falls within at least one of the groupings of abstract ideas enumerated in the 2019 PEG, which are: Mathematical Concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations), Mental Processes, concepts performed in the human mind (including an observation, evaluation, judgment, opinion), and Certain Methods Of Organizing Human Activity fundamental economic principles or practices (including hedging, insurance, mitigating risk), commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). In this case, the independent claims recite an abstract idea of a concept performed in the human mind, including an observation, of observing an amount of data in a buffer, and generating a report regarding the status of said buffer. Therefore, the answer to Step 2 prong 1 is YES.
Step 2A prong 2: Yes, the claim does recite additional elements that integrate the exception into a practical application of the exception. Par. 22 of the specification describes a problem of prior art systems, where a buffer status report (BSR) only considers the pending data present in buffers of a baseband processor, while failing to take into account an amount of data present in a buffer of an application processor (AP), i.e., the BSR is under-reporting. As a consequence of this under-reporting problem of legacy BSRs, networks may fail to assign an appropriate amount of uplink resources. Par. 23 of the specification describes a solution to the problem, which includes collecting information from instructions stored in baseband circuitry, application circuitry, and memory circuitry, and using the data to adjust the BSR, producing therefore a more accurate BSR which also accounts for the amount of data in the buffer of the AP, permitting the network to optimize the amount of uplink resources for a particular user equipment (UE). Therefore, the claimed invention provides an improvement to the state-of-the-art wireless communications, which is therefore a specific improvement over prior systems, and the claimed UE processor reflects such practical application.
Please refer to MPEP 2106.04(d): "Integration of a Judicial Exception Into A Practical Application" under the header "Relevant considerations for evaluating whether additional elements integrate a judicial exception into a practical application": "Limitations the courts have found indicative that an additional element (or combination of elements) may have integrated the exception into a practical application include: • An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a)". See for example the court decision in 118 USPQ2d 1684 Enfish, LLC v. Microsoft Corp; U.S. Court of Appeals Federal Circuit, page 1689: “much of the advancement made in computer technology consists of improvements to software that, by their very nature, may not be defined by particular physical features but rather by logical structures and processes”. Therefore, the answer to prong 2 is YES, and the claims are eligible in step 2A (except for double patenting issues).
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 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 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.
Joint Inventors, Common Ownership Presumed
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 at the time any inventions covered therein were effectively filed 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 at the time a later invention was effectively filed 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.
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 or pre-AIA 35 U.S.C. 103(a) 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.
Claims 2-4, 10, 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Phuyal et al (publication number 2019/0124546), hereinafter Phuyal, and further in view of Kodali et al (publication number 2017/0359750), hereinafter Kodali.
Phuyal uses the following terminology:
User equipment (UE), par. 25;
evolved NodeB (eNB), par. 25;
data radio bearers (DRBs), par. 32;
logical channel (LCID), par. 66, is the same as "DRB";
"Buffer size" (par. 26, 66) indicates an amount of data in a buffer;
Buffer status report (BSR), par. 26; par. 26 and 95 explain that a BSR indicates a buffer size of a UE, i.e., an amount of data in a buffer of a UE; par. 26: the BSR informs the amount of uplink data to be sent by the UE over an LTE or WLAN channel.
Regarding claim 2, Phuyal teaches a method (please refer to method represented in Phuyal Fig. 4) comprising:
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generating, by a baseband processor of a user equipment (UE, Phuyal Fig. 1 described in par. 35-37 represents a UE including baseband processors 104a-d), a buffer status report (BSR) based at least in part on a first amount of data in a data radio bearer (DRB, Phuyal Fig. 4 operation 1 described in par. 66: the UE 410 transmits a BSR to the eNB 430 to provide details regarding various DRBs) buffer of the baseband processor (Phuyal Fig. 20, described in par. 98, represents a BSR indicating a buffer size for a specific DRB; par. 95 explains that a BSR indicates a buffer size of a UE; Fig. 1 illustrates baseband processors 104a-d comprising the UE); and
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sending, to an interface with radio frequency circuitry (Phuyal's Radio Frequency Circuitry 106 of Fig. 1, described in par. 37: The baseband circuitry 104, including baseband processors 104a-d, communicates with the radio network via RF circuitry 106), the generated BSR for transmission to a base station (Phuyal Fig. 4 operation 1 described in par. 66: the UE 410 transmits more than one BSR to the eNB 430 to provide details regarding various DRBs).
Phuyal does not explicitly teach claimed "and a second amount of data in at least one buffer of an application processor of the UE".
Kodali uses the following terminology:
User equipment (UE), Kodali par. 21;
Base station, Kodali par. 23;
"Data bearer" is the same as "logical channel", Kodali par. 54;
Baseband Processor (BB), Kodali par. 52;
Application Processor (AP). The data to be transmitted on the uplink is buffered in a buffer of the AP. The AP transmits the uplink data to the BB, which stores the data in a buffer of the BB prior to sending the data via the uplink - Kodali par. 52
Buffer Status Report (BSR), in Kodali's par. 53, indicates an amount of uplink data (e.g., internet protocol (IP) data) that the wireless device is currently storing in buffers and that it would like to transmit. Par. 64 explains that the BSR indicates a logical channel identifier of the data bearer that will be used to transmit the buffered data.
Kodali teaches (please refer to Kodali Figs. 3, 5):
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generating, by a baseband processor of a user equipment (UE, Kodali Fig. 3 described in par. 40, 41, represents a block diagram of a user equipment (UE), including a baseband processor 330 and the baseband processor's buffer 332), a buffer status report (BSR, Kodali par. 53: a UE provides a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data (e.g., internet protocol (IP) data) that the wireless device is currently storing in buffers and that it would like to transmit) based at least in part on a first amount of data in a data radio bearer (DRB, Kodali's par. 64 explains that the BSR indicates a logical channel identifier of the data bearer that will be used to transmit the buffered data) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE (Kodali Fig. 5 operation 508 described in par. 61: "In 508, a BSR indicating both categorized and uncategorized buffered uplink data may be transmitted. For example, the BSR may indicate both uplink data buffered at BB, which has been categorized, and uplink data buffered at AP, which has not been categorized"); and
sending, to an interface with radio frequency circuitry (Kodali par. 38, 39: radio frequency components of a UE; par. 41: the UE's wireless communication circuitry 330 includes a wireless communications radio), the generated BSR for transmission (Kodali Fig. 5 operation 508 described in par. 61: the UE transmits a BSR indicating both uplink data buffered at BB and uplink data buffered at AP) to a base station (Kodali Fig. 2, base station 102).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal, by enabling a UE to provide a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data that the wireless device is currently storing in buffers and that it would like to transmit, the BSR indicating both uplink data buffered at BB and uplink data buffered at AP, the BSR indicating also a logical channel identifier of the data bearer that will be used to transmit the buffered data, as suggested by Kodali, in order to facilitate efficient uplink communication by also including uplink data buffered at the application processor in the buffer status report; this would prevent instances where a BSR would report a larger amount of data than the baseband uplink data buffer has capacity to store (Kodali par. 4). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Regarding claims 3, 16, Phuyal teaches wherein generating the BSR comprises generating the BSR that includes data for uplink data pending at the UE (Phuyal par. 26: the BSR informs the amount of uplink data to be sent by the UE over an LTE or WLAN channel) in the DRB buffer (DRB, Phuyal Fig. 4 operation 1 described in par. 66: the UE 410 transmits a BSR to the eNB 430 to provide details regarding various DRBs) of the baseband processor of the UE (Phuyal Fig. 20, described in par. 98, represents a BSR indicating a buffer size for a specific DRB; par. 95 explains that a BSR indicates a buffer size of a UE; Fig. 1 illustrates baseband processors 104a-d comprising the UE).
Phuyal does not explicitly teach claimed "and the at least one buffer of the application processor of the UE".
Kodali teaches (please refer to Kodali Figs. 3, 5): generating, by a baseband processor of a user equipment (UE, Kodali Fig. 3 described in par. 40, 41, represents a block diagram of a user equipment (UE), including a baseband processor 330 and the baseband processor's buffer 332), a buffer status report (BSR, Kodali par. 53: a UE provides a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data (e.g., internet protocol (IP) data) that the wireless device is currently storing in buffers and that it would like to transmit) based at least in part on a first amount of data in a data radio bearer (DRB, Kodali's par. 64 explains that the BSR indicates a logical channel identifier of the data bearer that will be used to transmit the buffered data) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE (Kodali Fig. 5 operation 508 described in par. 61: "In 508, a BSR indicating both categorized and uncategorized buffered uplink data may be transmitted. For example, the BSR may indicate both uplink data buffered at BB, which has been categorized, and uplink data buffered at AP, which has not been categorized").
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal, by enabling a UE to provide a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data that the wireless device is currently storing in buffers and that it would like to transmit, the BSR indicating both uplink data buffered at BB and uplink data buffered at AP, the BSR indicating also a logical channel identifier of the data bearer that will be used to transmit the buffered data, as suggested by Kodali, in order to facilitate efficient uplink communication by also including uplink data buffered at the application processor in the buffer status report; this would prevent instances where a BSR would report a larger amount of data than the baseband uplink data buffer has capacity to store (Kodali par. 4). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Regarding claims 4, 17, Phuyal does not explicitly teach "determining the second amount of data in the at least one buffer of the application processor of the UE that is larger than and buffers data for the DRB buffer of the baseband processor of the UE".
Kodali teaches determining the second amount of data in the at least one buffer of the application processor of the UE that is larger than (Kodali Fig. 5 and par. 57, 58: In 502, an amount of uplink data buffered by the baseband processor of a wireless device is determined. The amount of uplink data buffered by the BB depends on the size of the baseband buffer. In 504, an amount of uplink data buffered by the application processor of a wireless device is determined. The amount of uplink data buffered by the AP depends on the size of the AP buffer. The AP buffer has a larger capacity than the capacity of the BB buffer.) and buffers data for the DRB buffer of the baseband processor of the UE (Kodali par. 52: some uplink data may be buffered at the application processor prior to being provided to the baseband processor – therefore, the application processor buffers data for the baseband processor).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal, by incorporating the teachings of Kodali into the disclosure of Phuyal, in order to facilitate efficient uplink communication by also including uplink data buffered at the application processor in the buffer status report; this would prevent instances where a BSR would report a larger amount of data than the baseband uplink data buffer has capacity to store (Kodali par. 4).
Regarding claim 10, Phuyal does not explicitly teach "determining the second amount of data in the at least one buffer of the application processor using data related to a number of packets or a number of bytes that are in an internet protocol (IP) flow that is to be transmitted from the application processor to the baseband processor".
Kodali teaches determining the second amount of data in the at least one buffer of the application processor (Kodali Fig. 5 and par. 57, 58: In 504, an amount of uplink data buffered by the application processor of a wireless device is determined) using data related to a number of packets or a number of bytes that are in an internet protocol (IP) flow that is to be transmitted from the application processor to the baseband processor (Kodali par. 52: some uplink data may be buffered at the application processor prior to being provided to the baseband processor; par. 53: a wireless device may occasionally provide a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data (e.g., internet protocol (IP) data) that the wireless device is currently storing in buffers and that it would like to transmit).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal, by incorporating the teachings of Kodali into the disclosure of Phuyal, in order to facilitate efficient uplink communication by also including uplink data buffered at the application processor in the buffer status report; this would prevent instances where a BSR would report a larger amount of data than the baseband uplink data buffer has capacity to store (Kodali par. 4).
Regarding claim 15, Phuyal teaches a baseband processor (Phuyal Fig. 1 described in par. 35-37 represents a UE including baseband processors 104a-d) configured to, when executing instructions stored in a memory (Phuyal par. 36, 136), perform operations comprising:
generating, by the baseband processor of a user equipment (UE, Phuyal Fig. 1 described in par. 35-37 represents a UE including baseband processors 104a-d), a buffer status report (BSR) based at least in part on a first amount of data in a data radio bearer (DRB, Phuyal Fig. 4 operation 1 described in par. 66: the UE 410 transmits a BSR to the eNB 430 to provide details regarding various DRBs) buffer of the baseband processor (Phuyal Fig. 20, described in par. 98, represents a BSR indicating a buffer size for a specific DRB; par. 95 explains that a BSR indicates a buffer size of a UE; Fig. 1 illustrates baseband processors 104a-d comprising the UE); and
sending, to an interface with radio frequency circuitry (Phuyal's Radio Frequency Circuitry 106 of Fig. 1, described in par. 37: The baseband circuitry 104, including baseband processors 104a-d, communicates with the radio network via RF circuitry 106), the generated BSR for transmission to a base station (Phuyal Fig. 4 operation 1 described in par. 66: the UE 410 transmits more than one BSR to the eNB 430 to provide details regarding various DRBs).
Phuyal does not explicitly teach claimed "and a second amount of data in at least one buffer of an application processor of the UE".
Kodali teaches (please refer to Kodali Figs. 3, 5):
generating, by a baseband processor of a user equipment (UE, Kodali Fig. 3 described in par. 40, 41, represents a block diagram of a user equipment (UE), including a baseband processor 330 and the baseband processor's buffer 332), a buffer status report (BSR, Kodali par. 53: a UE provides a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data (e.g., internet protocol (IP) data) that the wireless device is currently storing in buffers and that it would like to transmit) based at least in part on a first amount of data in a data radio bearer (DRB, Kodali's par. 64 explains that the BSR indicates a logical channel identifier of the data bearer that will be used to transmit the buffered data) buffer of the baseband processor and a second amount of data in at least one buffer of an application processor of the UE (Kodali Fig. 5 operation 508 described in par. 61: "In 508, a BSR indicating both categorized and uncategorized buffered uplink data may be transmitted. For example, the BSR may indicate both uplink data buffered at BB, which has been categorized, and uplink data buffered at AP, which has not been categorized"); and
sending, to an interface with radio frequency circuitry (Kodali par. 38, 39: radio frequency components of a UE; par. 41: the UE's wireless communication circuitry 330 includes a wireless communications radio), the generated BSR for transmission (Kodali Fig. 5 operation 508 described in par. 61: the UE transmits a BSR indicating both uplink data buffered at BB and uplink data buffered at AP) to a base station (Kodali Fig. 2, base station 102).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal, by enabling a UE to provide a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data that the wireless device is currently storing in buffers and that it would like to transmit, the BSR indicating both uplink data buffered at BB and uplink data buffered at AP, the BSR indicating also a logical channel identifier of the data bearer that will be used to transmit the buffered data, as suggested by Kodali, in order to facilitate efficient uplink communication by also including uplink data buffered at the application processor in the buffer status report; this would prevent instances where a BSR would report a larger amount of data than the baseband uplink data buffer has capacity to store (Kodali par. 4). This motivation is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Claims 5, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Phuyal, in view of Kodali, and further in view of Frenger et al (publication number WO 2021010872), hereinafter Frenger.
Regarding claims 5, 18, Phuyal as modified teaches determining the second amount of data in the at least one buffer of the application processor (Kodali Fig. 5 and par. 57, 58: In 504, an amount of uplink data buffered by the application processor of a wireless device is determined.)
Phuyal as modified does not explicitly teach "using one or more control plane elements for transmissions by the UE".
Frenger teaches determining the second amount of data in the at least one buffer of the processor using one or more control plane elements for transmissions by the UE (Frenger Fig. 8 processor 801 of UE 10; page 14 lines 12-23: Another application is for the control plane, e.g. for transmission of buffer status reports, small amounts of channel state feedback, ack/nack bits and/or scheduling request.)
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal as modified, by incorporating the teachings of Frenger into the disclosure of Phuyal as modified, in order to handle or manage access to a wireless communication network, in a secure and efficient manner in the wireless communications network. (Frenger page 4 lines 5-10).
Claims 6-8, 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Phuyal, in view of Kodali, and further in view of Ueda et al (publication number 2008/0016576), hereinafter Ueda.
Regarding claims 6, 19, Phuyal as modified teaches determining the second amount of data in the at least one buffer of the application processor using data related to and is based at least in part on data of the application processor (Kodali Fig. 5 and par. 57, 58: In 504, an amount of uplink data buffered by the application processor of a wireless device is determined) that is related to an internet protocol (IP) flow (Kodali par. 53: a wireless device may occasionally provide a buffer status report (BSR) to its serving cell, which indicates a certain amount of uplink data (e.g., internet protocol (IP) data) that the wireless device is currently storing in buffers and that it would like to transmit).
Phuyal as modified does not explicitly teach "hash".
Ueda teaches determining the second amount of data in the at least one buffer of the application processor using data related to a hash (Ueda par. 258: In step S113, a determination is made as to whether or not the data stored in the buffer reaches 192 bytes. When the data reaches it, a hash value is determined in step S114. That is, a hash value is determined each time the data reaches 192 KB, which is a unit of a hash unit, and is stored into the memory as a comparison hash value to be contained in the content hash tables).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal as modified, by incorporating the teachings of Ueda into the disclosure of Phuyal as modified, in order to perform hash-value determination and comparison processing based on hash units having a small amount of data, so that user equipment for executing content playback can perform efficient content verification (Ueda Abstract).
Regarding claims 7, 20, Phuyal teaches a logical channel group (LCG) of data (Phuyal par. 32: the UE may send BSR information regarding LWA bearers using a particular logical channel group (LCG)).
Phuyal as modified does not explicitly teach "hash".
Ueda teaches "hash" (Ueda par. 258: In step S113, a determination is made as to whether or not the data stored in the buffer reaches 192 bytes. When the data reaches it, a hash value is determined in step S114. Claims 7, 20 broadly recite "the hash is related to a logical channel group (LCG) of data": it would have been obvious to relate Ueda's hash logic with Phuyal's LCG).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal as modified, by incorporating the teachings of Ueda into the disclosure of Phuyal as modified, in order to perform hash-value determination and comparison processing based on hash units having a small amount of data, so that user equipment for executing content playback can perform efficient content verification (Ueda Abstract).
Regarding claims 8, 21, Phuyal as modified does not explicitly teach "computing the hash".
Ueda teaches computing the hash (Ueda par. 258: In step S113, a determination is made as to whether or not the data stored in the buffer reaches 192 bytes. When the data reaches it, a hash value is determined in step S114. Par 92: "computer program" – therefore, Ueda's determination step meets "computing").
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Phuyal as modified, by incorporating the teachings of Ueda into the disclosure of Phuyal as modified, in order to perform hash-value determination and comparison processing based on hash units having a small amount of data, so that user equipment for executing content playback can perform efficient content verification (Ueda Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD EISNER whose telephone number is (571)270-3334. The examiner can normally be reached on Monday and Tuesday from 9:00 AM to 5:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst, can be reached at telephone number (571) 270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONALD EISNER/
Primary Examiner, Art Unit 2644
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