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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention
Claims 12-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the first terminal and a second terminal…" on page 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation “the QoS flow identifier…” on page 15. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 1-5, 9-15, and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (US 2022/0322202 A1; hereinafter Li).
Regarding claims 1 and 12, Li teaches a communication path switching method (¶ [0006] Procedures for performing the path switching from a 5GC path to a PC5 path.),
comprising:
performing, by a first terminal, switching between a first communication path (read as PC5) and a second communication path (read as 5GC) based on target path switching information (read as path selection policy) (Fig. 28A-Fig. 28B, element 301 UE and element 302 UE; ¶ [0267] Network functions may create path selection policy and send it to UEs. After configuration, the UE may make path selection decisions based on the provided policy.; ¶ [0282] It may check the path selection policy to determine how to route the data to the destination UE, e.g., via PC5 or 5GC path.; ¶ [0287] UE 301 may determine to switch to a PC5 path for communication with UE 302. UE 301 may send a NAS message requesting the path switch.);
wherein the first communication path is a communication path for direct communication between the first terminal and a second terminal (¶ [0331] The path selection policy may include one or more policies for direct communication with other devices. A path may be selected for user equipment to communicate with other user equipment based on the path selection policy.; ¶ [0338] Table 2 – PC5 path communications are communications between UEs whose traffic are not routed through the core network.);
the second communication path is a communication path for wireless communication between the first terminal and the second terminal via a network-side device (¶ [0338] Table 2 – 5GC path communications are communications between UEs whose traffic are routed through the core network.); and
the target path switching information comprises: a trigger condition for triggering the switching between the first communication path and the second communication path (Fig. 28A-Fig. 28B, element 301 UE and element 302 UE; ¶ [0273] Information that may be sent to UE as part of path selection policy may be a triggering event. Different triggering events may trigger the UE to apply different path selection policy.; ¶ [0276] Path selection may be triggered if a listed UE advertises availability of PC5 path.; ¶ [0287] Based on triggering event, UE 301 may determine to switch to a PC5 path for communication with UE 302.).
Regarding claims 2 and 13, Li teaches wherein the method further comprises at least one of the following: obtaining, by the first terminal, the target path switching information (read as path selection policy) (¶ [0267] The UEs may be sent the path selection policy.; ¶ [0269] First information that may be sent to UE as a part of path selection policy may be a policy ID.); or
sending, by the first terminal, first path switching cancellation information to the second terminal in a case that the first terminal is unable to perform switching between the first communication path and the second communication path; wherein the first path switching cancellation information is used to indicate the second terminal to skip switching between the first communication path and the second communication path;
receiving, by the first terminal, first path switching cancellation reply information sent by the second terminal; or receiving, by the first terminal, second path switching cancellation information sent by the second terminal; wherein the second path switching cancellation information is used to indicate the first terminal to skip switching between the first communication path and the second communication path; or
skipping, by the first terminal, switching between the first communication path and the second communication path based on the second path switching cancellation information; sending, by the first terminal, second path switching cancellation reply information to the second terminal (Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).).
Regarding claims 3 and 14, Li teaches wherein the obtaining, by the first terminal, the target path switching information comprises: receiving, by the first terminal, the target path switching information sent by the network-side device (¶ [0216] The network may provide the UE the following information: cause of the path switch, path switch direction, or target relay.; ¶ [0219] The information may be provided to the UE in a NAS notification.; ¶ [0267] Network functions (e.g., PCF (Policy Control Function)) may create a path selection policy and send it to UEs.; ¶ [0269] First information that may be sent to UE from PCF as a part of path selection policy.); or
receiving, by the first terminal, the target path switching information sent by the second terminal; or the obtaining, by the first terminal, the target path switching information comprises: sending, by the first terminal, first path switching information to the second terminal; wherein the first path switching information comprises a trigger condition accepted by the first terminal for triggering switching between the first communication path and the second communication path; and receiving, by the first terminal, the target path switching information sent by the second terminal; wherein the target path switching information is information accepted by the second terminal from the first path switching information; or the obtaining, by the first terminal, the target path switching information comprises: receiving, by the first terminal, second path switching information sent by the second terminal; wherein the second path switching information comprises a trigger condition accepted by the second terminal for triggering switching between the first communication path and the second communication path; determining, by the first terminal, the target path switching information based on the second path switching information; wherein the target path switching information is information accepted by the first terminal from the second path switching information; and sending, by the first terminal, the target path switching information to the second terminal (Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).).
Regarding claim 4, Li teaches wherein the target path switching information further comprises at least one of the following information: a second path switching indication, comprising a first service type and/or a first session type and used for indicating to perform switching between the first communication path and the second communication path for a service corresponding to the first service type and/or a session corresponding to the first session type on the current communication path, or for all services and/or all sessions on the current communication path in a case that the trigger condition is met (¶ [0148] The path switch request may include PDU session information (e.g., session ID, session type, quality of service (QoS) Flow Identifiers (QFIs); ¶ [0167] N1 SM NAS information that is sent to relay UE may include switching UE ID, PDU session ID, session type, associated NSSAI, QoS rules, or DNN (Data Network Name).; ¶ [0168] Relay UE may communicate with switching UE about the session modification over the PC5 link, including session ID, session type and QoS rules.);
a first path switching indication, used for indicating to perform switching between the first communication path and the second communication path for at least one of all services, all sessions, or all quality of service (QoS) flows on a current communication path between the first terminal and the second terminal in a case that the trigger condition is met;
a third path switching indication, comprising a first service identifier and/or a first session identifier and used for indicating to perform switching between the first communication path and the second communication path for a service corresponding to the first service identifier and/or a session corresponding to the first session identifier on the current communication path, or for all services and/or all sessions on the current communication path in a case that the trigger condition is met; a fourth path switching indication, comprising a first QoS flow identifier and used for indicating to perform switching between the first communication path and the second communication path for a QoS flow corresponding to the first QoS flow identifier on the current communication path, or for all services and/or all sessions on the current communication path in a case that the trigger condition is met; or a path switching direction, used for indicating a switching direction of a communication path (Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).).
Regarding claim 5, Li teaches wherein the trigger condition comprises at least one of the following information:
a first QoS threshold and/or first communication interruption information, wherein the first QoS threshold and the first communication interruption information are associated with the current communication path between the first terminal and the second terminal, and the first QoS threshold is a threshold of a QoS parameter for the current communication path (¶ [0285] The data rate performance or packet loss rate degrades for the 5GC path due to the network congestion, the UEs may decide to switch to PC5 path.; ¶ [0298] The switching may be triggered by UE with the following event. Two UEs are moving far away from each other, so PC5 communication interface cannot meet the QoS requirement, so that UEs decide to switch to 5GC path.);
a second QoS threshold and/or second communication interruption information, wherein the second QoS threshold and the second communication interruption information are associated with the first service type and/or the first session type, and the second QoS threshold is a threshold of a QoS parameter for the service corresponding to the first service type and/or the session corresponding to the first session type on the current communication path;
a third QoS threshold and/or third communication interruption information, wherein the third QoS threshold and the third communication interruption information are associated with the first service identifier and/or the first session identifier, and the third QoS threshold is a threshold of a QoS parameter for the service corresponding to the first service identifier and/or the session corresponding to the first session identifier on the current communication path;
a fourth QoS threshold and/or fourth communication interruption information, wherein the fourth QoS threshold and the fourth communication interruption information are associated with the first QoS flow identifier, and the fourth QoS threshold is a threshold of a QoS parameter for the QoS flow corresponding to the first QoS flow identifier on the current communication path;
or
a fifth QoS threshold and a reference signal received power (RSRP) threshold, wherein the current communication path is the first communication path, the fifth QoS threshold is a threshold of a QoS parameter for the first communication path, and the RSRP threshold is a threshold of an RSRP for the second communication path (Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).).
Regarding claims 9 and 18, Li teaches after the obtaining, by the first terminal, the target path switching information, further comprising: sending, by the first terminal, second trigger condition activation information to the second terminal (¶ [0281] Once a UE obtains a path selection policy from PCF, it may choose to broadcast such policy over the PC5 interface. A UE may unicast or multicast the policy over the PC5 interface.; ¶ [0299] UE may send switching notification to UE over PC5.);
wherein the second trigger condition activation information is used to indicate the second terminal to activate the trigger condition (¶ [0299] UE may send switching notification to UE over PC5 that indicates a preference to switch the NCIS communication to 5GC path.).
Regarding claims 10 and 19, Li teaches wherein the performing, by a first terminal, switching between a first communication path and a second communication path based on target path switching information comprises: performing, by the first terminal, switching from the first communication path to the second communication path based on the target path switching information in a case that a current communication path between the first terminal and the second terminal is the first communication path; or performing, by the first terminal, switching from the second communication path to the first communication path based on the target path switching information in a case that the current communication path is the second communication path (Fig. 29, element 301 UE 1 and element 302 UE 2; ¶ [0299] UE 301 and UE 302 may already exchange data with each other over PC5 interface. UE 301 may send switching notification to UE 302 over PC5 that indicates a preference to switch the NCIS communication to 5GC path.; ¶ [0300] UE may send message to request the switch, which includes a request to establish/modify a PDU session for the upcoming 5GC path communication. Information may include a time instant about when the switch takes effect.; ¶ [0302] The response to UE 301 indicating the PDU session is ready. UE 302 may follow similar steps to establish to modify PDU session for the 5GC path.; Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).).
Regarding claims 11 and 20, Li teaches wherein the performing, by a first terminal, switching between a first communication path and a second communication path based on target path switching information comprises at least one of the following: in a case that the target path switching information comprises the second path switching indication, the second QoS threshold, and/or the second communication interruption information, performing, by the first terminal, switching between the first communication path and the second communication path for the service corresponding to the first service type and/or the session corresponding to the first session type on the current communication path in a case that the current communication path is interrupted or a QoS parameter achievable or satisfiable on the current communication path for the service corresponding to the first service type and/or the session corresponding to the first session type does not meet the second QoS threshold (¶ [0276] A QoS Criteria may indicate the path selection criteria regarding QoS parameters. For example, if the latency or data rate requirement for the communication is very short or very high, then PC5 may be preferred.; ¶ [0280] A path selection policy may be different per different types of triggers, per NCIS application, per S-NSSAI or per QoS class (e.g., 5QI).; ¶ [0285] Application may trigger a new path selection operation, if the NCIS application detects that its buffer rate due to packet loss goes above a certain threshold or triggers path selection or switching.; ¶ [0296] A subset of UEs in the group request to switch to PC5 due to QoS degradation.); or
performing, by the first terminal, switching between the first communication path and the second communication path for all the services and/or all the sessions on the current communication path in a case that the current communication path is interrupted or a QoS parameter achievable or satisfiable on the current communication path for the service corresponding to the first service type and/or the session corresponding to the first session type does not meet the second QoS threshold (Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).);
in a case that the target path switching information comprises the first path switching indication, the first QoS threshold, and/or the first communication interruption information, performing, by the first terminal, switching between the first communication path and the second communication path for at least one of all services, all sessions, or all QoS flows on the current communication path in a case that the current communication path is interrupted or a QoS parameter achievable or satisfiable on the current communication path does not meet the first QoS threshold;
in a case that the target path switching information comprises the third path switching indication, the third QoS threshold, and/or the third communication interruption information, performing, by the first terminal, switching between the first communication path and the second communication path for the service corresponding to the first service identifier and/or the session corresponding to the first session identifier on the current communication path in a case that the current communication path is interrupted or a QoS parameter achievable or satisfiable on the current communication path for the service corresponding to the first service identifier and/or the session corresponding to the first session identifier does not meet the third QoS threshold; or
performing, by the first terminal, switching between the first communication path and the second communication path for all the services and/or all the sessions on the current communication path in a case that the current communication path is interrupted or a QoS parameter achievable or satisfiable on the current communication path for the service corresponding to the first service identifier and/or the session corresponding to the first session identifier does not meet the third QoS threshold;
in a case that the target path switching information comprises the fourth path switching indication, the fourth QoS threshold, and/or
the fourth communication interruption information, performing, by the first terminal, switching between the first communication path and the second communication path for the QoS flow corresponding to the first QoS flow identifier on the current communication path in a case that the current communication path is interrupted or a QoS parameter achievable or satisfiable on the current communication path for the QoS flow corresponding to the first QoS flow identifier does not meet the fourth QoS threshold; or
performing, by the first terminal, switching between the first communication path and the second communication path for all the services and/or all the sessions on the current communication path in a case that the current communication path is interrupted or a QoS parameter achievable or satisfiable on the current communication path for the QoS flow corresponding to the first QoS flow identifier does not meet the fourth QoS threshold; or
in a case that the target path switching information comprises the fifth QoS threshold and the RSRP threshold, performing, by the first terminal, switching from the first communication path to the second communication path in a case that the current communication path is interrupted or that the current communication path is the first communication path, a QoS parameter achievable or satisfiable on the first communication path does not meet the fifth QoS threshold, and an RSRP on the second communication path is greater than the RSRP threshold (Note: MPEP 2111.04: The broadest reasonable interpretation of a method claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because condition(s) precedent are not met.; See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of a contingent claim limitations in the context of both method claims and system claims.; Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).).
Regarding claim 15, Li teaches wherein the target path switching information further comprises at least one of the following information:
a first path switching indication, used for indicating to perform switching between the first communication path and the second communication path for at least one of all services, all sessions, or all quality of service (QoS) flows on a current communication path between the first terminal and the second terminal in a case that the trigger condition is met (¶ [0148] The path switch request may include PDU session information (e.g., session ID, session type, quality of service (QoS) Flow Identifiers (QFIs); ¶ [0167] N1 SM NAS information that is sent to relay UE may include switching UE ID, PDU session ID, session type, associated NSSAI, QoS rules, or DNN (Data Network Name).; ¶ [0168] Relay UE may communicate with switching UE about the session modification over the PC5 link, including session ID, session type and QoS rules.);
a second path switching indication, comprising a first service type and/or a first session type and used for indicating to perform switching between the first communication path and the second communication path for a service corresponding to the first service type and/or a session corresponding to the first session type on the current communication path, or for all services and/or all sessions on the current communication path in a case that the trigger condition is met;
a third path switching indication, comprising a first service identifier and/or a first session identifier and used for indicating to perform switching between the first communication path and the second communication path for a service corresponding to the first service identifier and/or a session corresponding to the first session identifier on the current communication path, or for all services and/or all sessions on the current communication path in a case that the trigger condition is met;
a fourth path switching indication, comprising a first QoS flow identifier and used for indicating to perform switching between the first communication path and the second communication path for a QoS flow corresponding to the first QoS flow identifier on the current communication path, or for all services and/or all sessions on the current communication path in a case that the trigger condition is met; or a path switching direction, used for indicating a switching direction of a communication path; or
the trigger condition comprises at least one of the following information: a first QoS threshold and/or first communication interruption information, wherein the first QoS threshold and the first communication interruption information are associated with the current communication path between the first terminal and the second terminal, and the first QoS threshold is a threshold of a QoS parameter for the current communication path;
a second QoS threshold and/or second communication interruption information, wherein the second QoS threshold and the second communication interruption information are associated with the first service type and/or the first session type, and the second QoS threshold is a threshold of a QoS parameter for the service corresponding to the first service type and/or the session corresponding to the first session type on the current communication path;
a third QoS threshold and/or third communication interruption information, wherein the third QoS threshold and the third communication interruption information are associated with the first service identifier and/or the first session identifier, and the third QoS threshold is a threshold of a QoS parameter for the service corresponding to the first service identifier and/or the session corresponding to the first session identifier on the current communication path;
a fourth QoS threshold and/or fourth communication interruption information, wherein the fourth QoS threshold and the fourth communication interruption information are associated with the first QoS flow identifier, and the fourth QoS threshold is a threshold of a QoS parameter for the QoS flow corresponding to the first QoS flow identifier on the current communication path; or
a fifth QoS threshold and a reference signal received power (RSRP) threshold, wherein the current communication path is the first communication path, the fifth QoS threshold is a threshold of a QoS parameter for the first communication path, and the RSRP threshold is a threshold of an RSRP for the second communication path (Note: MPEP 2143.03: When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).).
Allowable Subject Matter
Claims 6-8 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lei et al. (US 2015/0094064 A1) discloses “Method and Apparatus for Switch”
Shariat et al. (US 2022/0369408 A1) discloses “Improvements in and Relating to Dynamic Path Switching”
Xu et al. (US 2024/0129830 A1) discloses “Communication Mode Switching Method and Related Apparatus”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M KAYAL whose telephone number is (703)756-4576. The examiner can normally be reached M-F 8:30-5:30 ET.
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/D.M.K./Examiner, Art Unit 2464
/RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464
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