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 .
Response to Amendment
1. This action is in response to the amendment and remarks filed on 22 July 2026.
Claims 1-30 are presently pending for examination.
Response to Arguments
2. Applicant’s arguments with respect to claim(s) 1-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant employs broad language, which includes the use of word, and phrases, which have broad meanings in the art. In addition, Applicant has not argued any narrower interpretation of the claim language, nor amended the claims significantly enough to construe a narrower meaning to the limitations. As the claims breadth allows multiple interpretations and meanings, which are broader than Applicant’s disclosure, the Examiner is forced to interpret the claim limitations as broadly as reasonably possible, in determining patentability of the disclosed invention. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir.1993).
Failure for Applicant to significantly narrow definition/scope of the claims and supply arguments commensurate in scope with the claims implies the Applicant intends broad interpretation be given to the claims. The Examiner has interpreted the claims with scope parallel to the Applicant in the response, and reiterates the need for the Applicant to more clearly and distinctly defines the claimed invention.
Claim Rejections - 35 USC § 103
3. 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.
Claim(s) 1-4, 8-23 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al., U. S. Patent Publication No. 2024/0340249 in view of Kuo et al., U. S. Patent Publication No. 2024/0284253 A1.
Regarding claim 1, Tsai discloses an apparatus for wireless communication at a user equipment (UE), comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor (see Tsai, ¶ [0005] and [0007]; user equipment comprising memory and processor is disclosed), individually or in any combination, is configured to cause the UE to: determine a discard configuration for a discard process based on protocol data unit (PDU) set importance (PSI) associated with a set of data radio bearers (DRBs), wherein the discard configuration includes a discard timer and discard information for each DRB in the set of DRBs (see Tsai, ¶ [0006] and [0118]; discard process is determined based on PDU set importance (PSI) of the PDU set); and transmit, for a network entity based on the discard configuration, one or more data packets over the set of DRBs (see Tsai, ¶ [0004] and [0147]; discard indication packet is transmitted).
Although Tsai discloses the invention substantially as claimed, it does not explicitly disclose wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI.
Kuo teaches wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI (see Kuo, ¶ [0066], [0071] and [0079]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Kuo with that of Tsai in order to efficiently control discard behavior on the set of DRBs by selectively utilizing proper activation or deactivation status.
Regarding claim 2, Tsai-Kuo teaches further comprising a transceiver coupled to the at least one processor, wherein to transmit the one or more data packets over the set of DRBs, the at least one processor, individually or in any combination, is configured to cause the UE to transmit the one or more data packets via the transceiver, and wherein the discard information for each DRB in the set of DRBs further includes one PSI level from multiple PSI levels for the discard process based on the PSI for each DRB in the set of DRBs (see Tsai, ¶ [0108] and [0146]).
Regarding claim 3, Tsai-Kuo teaches wherein the discard configuration further comprises: an amount of data to discard for each PSI level of the multiple PSI levels (see Tsai, ¶ [0124]-[0125]).
Regarding claim 4, Tsai-Kuo teaches wherein the discard configuration further comprises: a flow level for the discard process based on the PSI for each DRB in the set of DRBs (see Tsai, ¶ [0126]).
Regarding claim 8, Tsai-Kuo teaches wherein the at least one processor, individually or in any combination, is further configured to cause the UE to: indicate, for the network entity, discard preference information for the discard process based on the PSI associated with the set of DRBs; and receive, from the network entity, a network configuration for the discard process based on the PSI, wherein the network configuration is based on the discard preference information, and wherein to determine the discard configuration, the at least one processor, individually or in any combination, is configured to cause the UE to: determine, based on the network configuration, the discard configuration (see Tsai, ¶ [0105] and [0121]).
Regarding claim 9, Tsai-Kuo teaches wherein to indicate the discard preference information for the discard process based on the PSI associated with the set of DRBs, the at least one processor, individually or in any combination, is configured to cause the UE to: indicate the discard preference information via one or more of: UE assistance information (UAI), a medium access control (MAC) – control element (MAC-CE), uplink control information (UCI), or a packet data convergence protocol (PDCP) control protocol data unit (PDU) (see Tsai, ¶ [0107]-[0108]).
Regarding claim 10, Tsai-Kuo teaches wherein the at least one processor, individually or in any combination, is configured to cause the UE to: receive, from the network entity, a network request for the discard preference information, and wherein to indicate the discard preference information, the at least one processor, individually or in any combination, is configured to cause the UE to: indicate the discard preference information in response to the network request (see Tsai, ¶ [0106] and [0110]).
Regarding claim 11, Tsai-Kuo teaches wherein the network configuration includes a timer configuration for the discard timer for each DRB in the set of DRBs, and wherein the discard timer included in the discard configuration is based on the timer configuration (see Tsai, ¶ [0006]).
Regarding claim 12, Tsai-Kuo teaches wherein the discard preference information comprises discard timer information for the discard process based on the PSI, and wherein the timer configuration is based on the discard timer information (see Tsai, ¶ [0118]).
Regarding claim 13, Tsai-Kuo teaches wherein to indicate the discard preference information, the at least one processor, individually or in any combination, is configured to cause the UE to: indicate the discard preference information periodically based on a periodicity (see Tsai, ¶ [0114] and [0123]).
Regarding claim 14, Tsai-Kuo teaches wherein the timer configuration comprises one or more of: a minimum value of the discard timer, or a maximum value of the discard timer (see Tsai, ¶ [0122]).
Regarding claim 15, Tsai-Kuo teaches wherein the network configuration further comprises one or more of: a minimum value for each PSI level of the multiple PSI levels, or a maximum value for each PSI level of the multiple PSI levels (see Tsai, ¶ [0095]).
Regarding claim 16, Tsai-Kuo teaches wherein the network configuration is based on one or more of: a key performance indicator (KPI), or a change in a congestion level between the network entity and the UE (see Tsai, ¶ [0146] and [0149]).
Regarding claim 17, Tsai-Kuo teaches wherein to determine the discard configuration, the at least one processor, individually or in any combination, is configured to cause the UE to: determine the discard configuration in response to a trigger condition being met, wherein the trigger condition includes one or more of: an increase in a number of discards in uplink protocol data unit (PDU), a first change in a granularity of an PSI level, a second change in an estimated throughput, or a third change in a bandwidth between the UE and the network entity (see Tsai, ¶ [0082] and [0147]).
Regarding claim 18, Tsai-Kuo teaches wherein the at least one processor, individually or in any combination, is configured to cause the UE to: transmit, via a medium access control (MAC) – control element (MAC-CE), for the network entity, an update for the discard configuration for the discard process based on the PSI (see Tsai, ¶ [0149]).
Regarding claim 19, Tsai-Kuo teaches wherein the at least one processor, individually or in any combination, is configured to cause the UE to: record discard records associated with the UE and the network entity; and transmit the discard records to the network entity, wherein the discard configuration is based on the discard records, and wherein the discard records comprise one or more of: an estimated congestion level between the UE and the network entity, a network-indicated congestion level between the UE and the network entity, a PSI level corresponding to the estimated congestion level or the network-indicated congestion level, PSI discard timer values, a delay status associated with the UE, a discard status associated with the UE, a buffer size for each DRB of the set of DRBs, or a buffer size limit for each PSI level of a set of PSI levels (see Tsai, ¶ [0127] and [0154]).
Regarding claim 20, Tsai discloses an apparatus for wireless communication at a network entity, comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory (see Tsai, ¶ [0005] and [0007]; network device comprising memory and processor is disclosed), the at least one processor, individually or in any combination, is configured to cause the network entity to: transmit, for a user equipment (UE), a network configuration for a discard process based on protocol data unit (PDU) set importance (PSI) associated with a set of data radio bearers (DRBs) (see Tsai, ¶ [138] and [0147]; discard process comprising discard timer of the protocol data unit set is transmitted); and communicate, with the UE based on a discard configuration based on the network configuration, one or more data packets over the set of DRBs, wherein the discard configuration includes a discard timer and discard information for each DRB in the set of DRBs (see Tsai, ¶ [0004], [0006] and [0118]; discard message packet is communicated with the user equipment).
Although Tsai discloses the invention substantially as claimed, it does not explicitly disclose and wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI.
Kuo teaches and wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI (see Kuo, ¶ [0066], [0071] and [0079]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Kuo with that of Tsai in order to efficiently control discard behavior on the set of DRBs by selectively utilizing proper activation or deactivation status.
Regarding claim 21, Tsai-Kuo teaches further comprising a transceiver coupled to the at least one processor, wherein to transmit the network configuration, the at least one processor, individually or in any combination, is configured to cause the network entity to transmit the network configuration via the transceiver, and wherein the at least one processor, individually or in any combination, is further configured to cause the network entity to: receive, from the UE, discard preference information for the discard process based on the PSI associated with the set of DRBs, wherein the network configuration is based on the discard preference information (see Tsai, ¶ [0106] and [0110]).
Regarding claim 22, Tsai-Kuo teaches wherein the discard information for each DRB in the set of DRBs further includes one PSI level from multiple PSI levels for the discard process based on the PSI for each DRB in the set of DRBs (see Tsai, ¶ [0108] and [0146]).
Regarding claim 23, Tsai-Kuo teaches wherein the discard configuration further comprises one or more of: an amount of data to discard for each PSI level of the multiple PSI levels, or a flow level for the discard process based on the PSI for each DRB in the set of DRBs (see Tsai, ¶ [0124]-[0125]).
Regarding claim 27, Tsai-Kuo teaches wherein the network configuration includes a timer configuration for the discard timer for each DRB in the set of DRBs, and wherein the discard timer included in the discard configuration is based on the timer configuration (see Tsai, ¶ [0105] and [0121]).
Regarding claim 28, Tsai-Kuo teaches wherein the timer configuration comprises one or more of: a first minimum value of the discard timer, or a first maximum value of the discard timer, and wherein the network configuration further comprises one or more of: a second minimum value for each PSI level of the multiple PSI levels, or a second maximum value for each PSI level of the multiple PSI levels (see Tsai, ¶ [0095] and [0127]).
Regarding claim 29, Tsai discloses a method of wireless communication at a user equipment (UE), comprising: determining a discard configuration for a discard process based on protocol data unit (PDU) set importance (PSI) associated with a set of data radio bearers (DRBs), wherein the discard configuration includes a discard timer and discard information for each DRB in the set of DRBs (see Tsai, ¶ [0006] and [0118]; discard process is determined based on PDU set importance (PSI) of the PDU set); and transmitting, for a network entity based on the discard configuration, one or more data packets over the set of DRBs (see Tsai, ¶ [0004] and [0147]; discard indication packet is transmitted).
Although Tsai discloses the invention substantially as claimed, it does not explicitly disclose wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI.
Kuo teaches wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI (see Kuo, ¶ [0066], [0071] and [0079]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Kuo with that of Tsai in order to efficiently control discard behavior on the set of DRBs by selectively utilizing proper activation or deactivation status.
Regarding claim 30, Tsai discloses a method of wireless communication at a network entity, comprising: transmitting, for a user equipment (UE), a network configuration for a discard process based on protocol data unit (PDU) set importance (PSI) associated with a set of data radio bearers (DRBs) (see Tsai, ¶ [138] and [0147]; discard process comprising discard timer of the protocol data unit set is transmitted); and communicating, with the UE, based on a discard configuration based on the network configuration, one or more data packets over the set of DRBs, wherein the discard configuration includes a discard timer and discard information for each DRB in the set of DRBs (see Tsai, ¶ [0004], [0006] and [0118]; discard message packet is communicated with the user equipment).
Although Tsai discloses the invention substantially as claimed, it does not explicitly disclose and wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI.
Kuo teaches and wherein the discard information for each DRB in the set of DRBs includes an activation or deactivation status selected by the UE for each DRB in the set of DRBs for the discard process based on the PSI (see Kuo, ¶ [0066], [0071] and [0079]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Kuo with that of Tsai in order to efficiently control discard behavior on the set of DRBs by selectively utilizing proper activation or deactivation status.
4. Claim(s) 5-7 and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai in view of Kuo and further in view of Yeh et al., U. S. Patent Publication No. 2022/0014963.
Regarding claim 5, although Tsai-Kuo discloses wherein to determine the discard configuration, the at least one processor, individually or in any combination, is configured to cause the UE to (see Tsai, ¶ [0138]) as claimed, it does not explicitly disclose based on an artificial intelligence / machine learning (AI/ML) model.
Yeh teaches based on an artificial intelligence / machine learning (AI/ML) model (see Yeh, ¶ [0294] and [0298]).It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Yeh with that of Tsai-Kuo in order to efficiently optimize classification and decision process of the multiple protocol data units achieving adaptive and more efficient discard outcomes.
Regarding claim 6, Tsai-Kuo-Yeh teaches wherein the at least one processor, individually or in any combination, is further configured to cause the UE to: receive, from the network entity, a functionality configuration, wherein the functionality configuration indicates one of: an activation of the AI/ML model, an inactivation of the AI/ML model, or a fallback or switch to the AI/ML model from a second AI/ML model (see Yeh, ¶ [0298]). Same motivation utilized in claim 5 applies equally as well to claim 6.
Regarding claim 7, Tsai-Kuo-Yeh teaches wherein the functionality configuration is based on a trigger event, and wherein the trigger event comprises one or more of: a first change in an available bandwidth between the UE and the network entity, a second change in a congestion level between the UE and the network entity, a degradation in a link quality associated with the UE, a first increase in a demand for transmission resources, a second increase in an uplink delay, or a number of discards greater than a discard threshold (see Tsai, ¶ [0104], [0149] and Yeh, ¶ [0298]).
Regarding claim 24, Tsai-Kuo-Yeh teaches wherein the discard configuration is based on an artificial intelligence / machine learning (AI/ML) model (see Yeh, ¶ [0294]). Same motivation utilized in claim 5 applies equally as well to claim 24.
Regarding claim 25, Tsai-Kuo-Yeh teaches wherein the at least one processor, individually or in any combination, is configured to cause the network entity to: transmit, for the UE, a functionality configuration, wherein the functionality configuration indicates one of: an activation of the AI/ML model, an inactivation of the AI/ML model, or a fallback or switch to the AI/ML model from a second AI/ML model (see Yeh, ¶ [0298]). Same motivation utilized in claim 5 applies equally as well to claim 25.
Regarding claim 26, Tsai-Kuo-Yeh teaches wherein to transmit the functionality configuration, the at least one processor, individually or in any combination, is configured to cause the network entity to: transmit the functionality configuration based on a trigger event, wherein the trigger event comprises one or more of: a first change in an available bandwidth between the UE and the network entity, a second change in a congestion level between the UE and the network entity, a degradation in a link quality associated with the UE, a first increase in a demand for transmission resources, a second increase in an uplink delay, or a number of discards greater than a discard threshold (see Tsai, ¶ [0104], [0149] and Yeh, ¶ [0298]).
Prior Art of Record
5. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Please refer to form PTO-892 (Notice of Reference Cited) for a list of relevant prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MOHAMED IBRAHIM/Primary Examiner, Art Unit 2444
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