DETAILED ACTION
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 .
This office action is responsive to amendment filed on 03/16/2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/16/2026 has been entered.
Response to Amendment
The Examiner has acknowledged the amended claims 1, 6, 10, 15, 19, and the submission of new claims 21 and 22.
Response to Arguments
Applicant's arguments filed on 09/30/2025 have been fully considered but they are not persuasive.
Regarding Applicant’s argument that Xu fails to disclose "sending the first information to the first core network element comprises sending a first data packet to the first core network element, wherein the first information is carried in a general packet radio service transmission protocol-user plane (GTP-U) header of the first data packet, and wherein the first core network element is a user plane function (UPF) network element," as claimed.
The Examiner respectfully disagrees with Applicant’s assertion because XU discloses that after the first node determines the uplink transmission time window and the downlink transmission time window based on the transmission time information, the first node indicates the uplink transmission time window and the downlink transmission time window to at least one of the following devices: a terminal, an access network element (e.g., a base station), or a core network element (e.g., a UPF).(see paragraph [0088]).
XU further discloses that optionally, the UPF may mark a label for each downlink data packet, the label indicating that the data packet is transmitted using a particular downlink QoS parameter. For example, the UFP may mark a label in a GTP-U header of a data packet so as to facilitate a base station and/or terminal to perform data transmission using a corresponding downlink QoS parameter (see paragraph [0154]).
Applicant also argued that in Xu, the UPF (a core network element) marks labels in GTP-U headers for downlink data packets sent to a base station and/or terminal. The direction of information flow in Xu is from the UPF (core network element) to the access network element (base station), not from the access network device to the UPF network element as recited in claim 1.
The Examiner respectfully disagrees with Applicant’s assertion because XU discloses that in a possible design, the method further includes: receiving enabling information from a second core network element, where the enabling information is used to enable the access network device to request to adjust the sending rate of the uplink data packet of the first service. ([0014 – 0017]).
Xu further discloses that the access network device, e.g., a next generation radio access base station (gNB), may establish a user plane data connection with a UPF through an NG interface 3 (N3 for short). The access network device may establish a control plane signaling connection with the AMF through an NG interface 2 (N2 for short).(see paragraph 0046).
Applicant argued that Xu does not disclose "the first information is used to request to adjust a sending rate of an uplink data packet of the first service." The purpose of the labels in Xu is to facilitate QoS parameter usage for downlink transmission (see Xu, para. [0154]), not requesting to adjust a sending rate of an uplink data packet of the first service. Xu does not describe an access network device sending first information in a GTP-U header to a UPF network element to request rate adjustment of an uplink data packet.
The Examiner respectfully disagrees with Applicant’s argument because Xu discloses that a layer at which data is split (referred to as a split point) will cause different computing resource consumption, computing time, transmission rates, transmission delays, etc., between the terminal and the application server. As an example, as shown in Table 1 below, for a visual geometry group (VGG)-16 model, using a refresh rate of 30 frames/second as an example, a different split point location will result in a different data size outputted by the terminal side and a different required uplink transmission rate sent to the server.(see paragraph [0054]).
Xu also discloses UE aggregate maximum bit rate (UE-AMBR), session aggregate maximum bit rate (session-AMBR), and the like (see paragraph [0056]).
Thus, the Examiner contends that the prior art read on the claimed invention.
Claim Objections
Claims 21 and 22 objected to because of the following informalities: it is suggested to delete the “.” between direction and element (claims 21 and 22, line 9). It appears that the term --- element – should be deleted. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claims 1 – 4, 6 - 8, 10 – 13, 15 - 17, and 19 - 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by XU et al (US 2024/0179559; hereinafter XU).
Regarding claim 1, XU discloses a communication method, comprising:
generating, by an access network device, first information comprising an identifier of a first quality of service (QoS) flow and an uplink transmission indication (abstract; paragraphs [0056], [0077]; XU discloses that the policy control network element may determine, according to the SDF templates, filters respectively corresponding to an uplink data packet and downlink data packet, and data packets screened out by the filters are bundled to corresponding QoS flows for transmission), wherein the first QoS flow is used to transmit a data packet of a first service (paragraphs [0001 - 0002]; XU discloses that the first device determines the starting time of the uplink transmission time window as the time when the first device sends a first uplink data packet in a first QoS flow.), and the first information is used to request to adjust a sending rate of an uplink data packet of the first service (paragraphs [0054], [0059]; XU discloses that the terminal may modify the QoS parameters of the QoS flow or establish a new QoS flow by sending a PDU session modification request message. That is, when the terminal adjusts QoS); and
sending the first information to a first core network element (paragraph [0059] [0088]; XU discloses that after the first node determines the uplink transmission time window and the downlink transmission time window based on the transmission time information, the first node indicates the uplink transmission time window and the downlink transmission time window to at least one of the following devices: a terminal, an access network element (e.g., a base station), or a core network element (e.g., a UPF).),
wherein the sending the first information to the first core network element comprises:
sending a first data packet to the first core network element (paragraphs [0044], [0101 - 0102], [0147]; XU discloses that a terminal opens an uplink transmission time window, and performs, within the uplink transmission time window, transmission of an uplink data packet in a QoS flow using an uplink QoS parameter), wherein the first information is carried in a general packet radio service transmission protocol-user plane (GTP-U) header of the first data packet (paragraph [0154]; XU discloses that the UFP may mark a label in a GTPU-header of a data packet so as to facilitate a base station and/or terminal to perform data transmission using a corresponding downlink QoS parameter), and
wherein the first core network element is a user plane function (UPF) network element (paragraph [0038 - 0039]; XU discloses that the access network device may send the seventh information to the UPF network element, and then the UPF network element modifies an ECN field in an IP header of the uplink data packet to an ECN=11, and sends the uplink data packet to an application server),
wherein the sending the first information to the first core network element comprises:
sending a first data packet to the first core network element (paragraphs [0044], [0101 - 0102], [0147]; XU discloses that a terminal opens an uplink transmission time window, and performs, within the uplink transmission time window, transmission of an uplink data packet in a QoS flow using an uplink QoS parameter), wherein the first information is carried in a general packet radio service transmission protocol-user plane (GTP-U) header of the first data packet (paragraph [0154]; XU discloses that the UFP may mark a label in a GTPU-header of a data packet so as to facilitate a base station and/or terminal to perform data transmission using a corresponding downlink QoS parameter), and
wherein the first core network element is a user plane function (UPF) network element (paragraph [0038 - 0039]; XU discloses that the access network device may send the seventh information to the UPF network element, and then the UPF network element modifies an ECN field in an IP header of the uplink data packet to an ECN=11, and sends the uplink data packet to an application server).
Regarding claim 2, XU discloses the communication method according to claim 1, wherein the first information further comprises second information, and the second information indicates a sending rate recommended by the access network device (paragraphs [0102]; XU discloses that the uplink data packet(s) in the first QoS flow is transmitted using a second QoS parameter or not transmitted. Here, the second QoS parameter may be a QoS parameter of a lower level compared with the first QoS parameter).
Regarding claim 3, XU discloses the communication method according to claim 2, wherein the second information comprises one or more of:
the sending rate recommended by the access network device (paragraph [0102]; XU discloses that the second QoS parameter may be a QoS parameter of a lower level compared with the first QoS parameter.);
an index value of the sending rate recommended by the access network device;
a frame rate that is of the first service and that is recommended by the access network device;
a maximum data burst volume that is of the first service and that is recommended by the access network device (paragraph [0056]; XU discloses that QoS parameters may include, but are not limited to: a 5G QoS identifier (5QI), allocation retention priority (ARP), guaranteed flow bit rate (GFBR), maximum flow bit rate (MFBR), uplink/downlink maximum packet loss rate (UL/DL MPLR), end-to-end packet delay budget (PDB), AN-PDB, packet error rate (PER), priority level, averaging window, resource type, maximum data burst volume, UE aggregate maximum bit rate (UE-AMBR), session aggregate maximum bit rate (session-AMBR), and the like.); or
an image resolution that is of the first service and that is recommended by the access network device.
Regarding claim 4, XU discloses the communication method according to claim 1, further comprising:
determining the uplink data packet of the first service is congested (paragraph [0059]; XU discloses that the following situations may cause QoS changes: 1) base station handover occurs; 2) network congestion occurs (e.g., a sudden increase in the number of users)); and
determining a transmission delay that is of the uplink data packet of the first service and that is between the access network device and a terminal device is greater than or equal to a preset transmission delay (paragraph [0054]; XU discloses that when a model has many layers, a layer at which data is split (referred to as a split point) will cause different computing resource consumption, computing time, transmission rates, transmission delays, etc., between the terminal and the application server).
Regarding claim 6, XU discloses the communication method according to claim 5, wherein the method further comprises: further comprising:
receiving a second data packet from the terminal device (paragraphs [0118], [0203]; XU discloses that the first device determines the starting time of the downlink transmission time window as the time when the first device receives a second downlink data packet within a first time range after receiving the first downlink data packet); and
encapsulating the second data packet according to a GTP-U protocol to obtain the first data packet (paragraphs [0057], [0154]; XU discloses that a filter (or referred to as an service data flow SDF template in a Packet detection rule PDR) includes feature parameters that describe data packets, and is configured to filter out a specific data packet so as to bundle the same to a particular QoS flow. Here, the most commonly used filter is an IP five-tuple, i.e., a source IP address, a destination IP address, a source port number, a destination port number, and a protocol type ).
Regarding claim 7, XU discloses the communication method according to claim 1, wherein the method further comprises: further comprising:
receiving enabling information from a second core network element, wherein the enabling information is used to enable the access network device to request to adjust the sending rate of the uplink data packet of the first service (paragraphs [0059], [0077], ; XU discloses that the QoS flow is triggered and established by a session management function (SMF) network element. When the QoS needs to be adjusted, both the terminal and the network side may trigger a PDU session modification process, thereby changing QoS. Using the terminal as an example, the terminal may modify the QoS parameters of the QoS flow or establish a new QoS flow by sending a PDU session modification request message. That is, when the terminal adjusts QoS, a session modification process needs to be performed, and the consent of a network must be obtained).
Regarding claim 8, XU discloses the communication method according to claim 7, wherein the enabling information is carried in a protocol data unit PDU unit (PDU) session resource establishment request message, and the PDU session resource establishment request message is used to request to establish the first QoS flow (paragraphs [0059], [0149]); or
the enabling information is carried in a PDU session resource modification request message, and the PDU session resource modification request message is used to request to modify the first QoS flow (paragraphs [0059], [0149]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over XU et al (US 2024/0179559; hereinafter XU).
Regarding claim 9, XU discloses all the limitations in claim 1, except for receiving third information, wherein the third information indicates an adjusted sending rate of the uplink data packet of the first service.
XU does disclose the idea receiving third information, wherein the third information indicates an adjusted sending rate of the uplink data packet of the first service (paragraphs [0054], [0059]; XU discloses that the terminal may modify the QoS parameters of the QoS flow or establish a new QoS flow by sending a PDU session modification request message. That is, when the terminal adjusts QoS).
It would be an obvious variation in the art to use a third information as opposed to a first information. Applicant has not shown that using a third information solved any stated or is for any particular purpose and it appears that the invention would perform equally well using only a first information for the purpose of achieving the same end result.
Claims 10 – 13 and 15 - 20 incorporate substantively all the limitations of claims 1 – 4 and 6 - 9 with minor modifications in the claimed language in apparatus and computer product form. The reasons for rejecting claims 1 – 4 and 6 - 9 apply in claims 10 – 13 and 15 - 20 . Therefore, claims 10 – 13 and 15 - 20 are rejected for the same reasons.
Allowable Subject Matter
Claims 21 and 22 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVES DALENCOURT whose telephone number is (571)272-3998. The examiner can normally be reached M-F 8AM-5:30PM.
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/YVES DALENCOURT/ Primary Examiner, Art Unit 2457