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 .
Claims 1, and 12 have been amended.
Double Patenting
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 1-12 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18644007 in view of Zhang et al. (US20160315868).
Application No. 18644011
Application No.18644007
Claim 1: A method by a terminal, the method comprising: receiving, by the terminal from a base station, a Radio Resource Control (RRC) message,
wherein the RRC message comprises a set of parameters for Packet Data Convergence Protocol (PDCP);
establishing, by the terminal, a PDCP entity based on the set of parameters for PDCP;
Claim 1: A method by a terminal, the method comprising: receiving, by the terminal from a base station, a Radio Resource Control (RRC) message,
wherein the RRC message comprises a set of Packet Data Convergence Protocol (PDCP) parameters for a Data Radio Bearer (DRB);
establishing, by the terminal, the DRB based on the set of PDCP parameters; starting, by the terminal, a discard timer for a Service Data Unit (SDU) of the DRB;
discarding, by the terminal, one or more SDUs of the DRB upon expiry of the discard timer;
and transmitting, by the terminal to the base station, a PDCP discard report in case that the set of PDCP parameters for the DRB comprises a parameter related to PDCP discard report, wherein the PDCP discard report comprises a first field related to COUNT of a first discarded SDU.
Regarding claim 1 limitations of 18644011 receiving, by the terminal from the base station, a PDCP discard report;
delivering, by the terminal from a PDCP entity to an upper layer, a first set of PDCP Service Data Units (SDUs) based on the PDCP discard report;updating, by the terminal, a first state variable;
and starting, by the terminal based on the PDCP discard report, a reordering timer in case that the first state variable is smaller than a second state variable, wherein the first state variable indicates COUNT value of a first PDCP SDU not delivered from the PDCP entity to the upper layer, wherein the second state variable indicates COUNT value of next PDCP SDU expected to be received, wherein a second set of PDCP SDUs are delivered from the PDCP entity to the upper layer in case that the reordering timer expires is not taught by 18644007.
Zhang teaches “receiving, by the terminal from the base station, a PDCP discard report ([0274] “for a mobile station to store PDCP SDUs mapped on RLC UM or RLC AM in accordance with embodiments of the current invention. When a PDCP data PDU is received from the lower layer, the UE will check whether the received PDCP SDU is older than the last PDCP SDU submitted to higher layer in step 501 and discard it in step 511 if it is the case … If PDCP SDU with the same SN has been stored in step 509, UE will discard the PDCP SDU in step 511; otherwise, the PDCP SDU is stored in step 510”, (Examiner’s Note: lower layer ==base station);
delivering, by the terminal from a PDCP entity to an upper layer, a first set of PDCP Service Data Units (SDUs) based on the PDCP discard report ([0219] “deliver to upper layers in ascending order of the associated COUNT value:
all stored PDCP SDU(s) with consecutively associated COUNT value(s) starting from the COUNT value associated with the stored PDCP SDU”);
updating, by the terminal, a first state variable ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”);
and starting, by the terminal based on the PDCP discard report, a reordering timer in case that the first state variable is smaller than a second state variable ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”),
wherein the first state variable indicates COUNT value of a first PDCP SDU not delivered from the PDCP entity to the upper layer ([0041] “updating the state variable related to the earliest PDCP SDU that is considered for reordering for both SN and HFN to remember the next earliest PDCP SDU which has not been received”),
wherein the second state variable indicates COUNT value of next PDCP SDU expected to be received ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer”),
wherein a second set of PDCP SDUs are delivered from the PDCP entity to the upper layer in case that the reordering timer expires ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”)” .
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Application no 18644007 to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
Claim 2-12 are rejected similarly above.
This is a provisional nonstatutory double patenting rejection.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The claim term “PDCP discard report” does not appear supported in the specification. Examiner request applicant point out any equivalents to this term as it is unclear if PDCP_DISCARD_STATUS_REPORT, etc. is equivalent. Furthermore, which PDCP DISCARD STATUS REPORT it appear there are multiple type described in the specification.
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.
Claim(s) 1-8, 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US20140254393) in view of Zhang et al. (US20160315868).
Regarding claim 1, 12, Yi teaches A terminal comprising: a transceiver; a memory; and a controller coupled to the transceiver and the memory, wherein the controller is configured to cause the terminal ([0092] “ A wireless device 60 includes a processor 61, a memory 62, and an RF unit 63. The memory 62 is coupled to the processor 61, and stores a variety of information for driving the processor 61. The RF unit 63 is coupled to the processor 61, and transmits and/or receives a radio signal”) to:
receive, from a base station, a Radio Resource Control (RRC) message ([0036] “A radio resource control (RRC) layer is defined only in the control plane. The RRC layer serves to control the logical channel, the transport channel, and the physical channel in association with configuration, reconfiguration and release of radio bearers (RBs). An RB is a logical path provided by the first layer (i.e., the PHY layer) and the second layer (i.e., the MAC layer, the RLC layer, and the PDCP layer) for data delivery between the UE”, [0069] “A BS can request the UE to send the PDCP status report. The request message may be transmitted as PDCP control PDU or a RRC message. The request message may include at least one of information on when the UE sends the PDCP status report, information on when the UE stops to send the PDCP status report and information on how many PDCP status reports are transmitted”, (at least one of information ==PDCP parameters”),
wherein the RRC message comprises a set of parameters for Packet Data Convergence Protocol (PDCP) (([0062] “a UE sets up a RB mapped on RLC UM and receives a PDCP configuration on the RLC UM. The PDCP configuration enables the UE to report a PDCP status”, [0079] “a UE received from a BS a PDCP status about PDCP SUD(s) which the BS is not correctly received”, (, [0069] “A BS can request the UE to send the PDCP status report. The request message may be transmitted as PDCP control PDU or a RRC message. The request message may include at least one of information on when the UE sends the PDCP status report, information on when the UE stops to send the PDCP status report and information on how many PDCP status reports are transmitted”, (at least one of information ==PDCP parameters”),
establish a PDCP entity based on the set of parameters for PDCP ([0046] “The PDCP Control PDU may be a data block carrying the control information and may be generated at DRB. The PDCP Control PDU includes a PDCP Status PDU and header compression control information”, (Examiner’s Note: DRB== PDCP entity),
receive, from the base station, a PDCP discard report ([0079] “a UE received from a BS a PDCP status about PDCP SUD(s) which the BS is not correctly received”, (, [0069] “A BS can request the UE to send the PDCP status report. The request message may be transmitted as PDCP control PDU or a RRC message. The request message may include at least one of information on when the UE sends the PDCP status report, information on when the UE stops to send the PDCP status report, [0085] “a discard timer expires before the corresponding PDCP SDU is transmitted. Then, the UE calculates the total size of the discarded PDCP SDUs. The total size of discarded PDCP SDUs may be sent to the BS as the PDCP status report, (Examiner’s Note:PDCP SUD not correctly received information in PDCP status will be discarded if timer expires, for example a UE received from a BS a PDCP status about PDCP SUD(s) which the BS is not correctly received == a pdcp discard report),
deliver, from a PDCP entity to an upper layer, a first set of PDCP Service Data Units (SDUs) based on the PDCP discard report ([0086] “The PDCP status report for uplink RB may include at least one of information on the total size of the missing PDCP SDUs, information on the total size of the transmitting PDCP SDUs and information on the total size of the discarded PDCP SDUs”,
Yi does not teach update a first state variable, and start, based on the PDCP discard report, a reordering timer in case that the first state variable is smaller than a second state variable,
wherein the first state variable indicates COUNT value of a first PDCP SDU not delivered from the PDCP entity to the upper layer,
wherein the second state variable indicates COUNT value of next PDCP SDU expected to be received,
and wherein a second set of PDCP SDUs are delivered from the PDCP entity to the upper layer in case that the reordering timer expires.
Zhang teaches update a first state variable, and start, based on the PDCP discard report, a reordering timer in case that the first state variable is smaller than a second state variable ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”),
wherein the first state variable indicates COUNT value of a first PDCP SDU not delivered from the PDCP entity to the upper layer, wherein the second state variable indicates COUNT value of next PDCP SDU expected to be received ([0214] “deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU”),
and wherein a second set of PDCP SDUs are delivered from the PDCP entity to the upper layer in case that the reordering timer expires ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yi to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
Regarding claim 2, Yi does not teach wherein the terminal delivers the first set of PDCP SDUs after performing header decompression.
Zhang teaches wherein the terminal delivers the first set of PDCP SDUs after performing header decompression ([0118-119] “else if received PDCP SN<Next_PDCP_RX_SN: use COUNT based on RX_HFN and the received PDCP SN for deciphering the PDCP PDU;if the PDCP PDU has not been discarded in the above:perform deciphering and header decompression … if received PDCP SN=Last_Submitted_PDCP_RX_SN+1 or received PDCP SN=Last_Submitted_PDCP_RX_SN−Maximum_PDCP_SN:
deliver to upper layers in ascending order of the associated COUNT value”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yi to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
Regarding claim 3, Yi does not teach wherein the first state variable is updated to COUNT value of first PDCP SDU which has not been delivered to upper layers.
Zhang teaches wherein the first state variable is updated to COUNT value of first PDCP SDU which has not been delivered to upper layers ([0041] “updating the state variable related to the earliest PDCP SDU that is considered for reordering for both SN and HFN to remember the next earliest PDCP SDU which has not been received”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yi to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
Regarding claim 4, Yi does not teach wherein the first set of PDCP SDUs comprises one or more stored PDCP SDUs with consecutively associated COUNT values greater than a highest COUNT value of PDCP SDUs that are indicated as discarded in the PDCP discard report.
Zhang teaches wherein the first set of PDCP SDUs comprises one or more stored PDCP SDUs with consecutively associated COUNT values greater than a highest COUNT value of PDCP SDUs that are indicated as discarded in the PDCP discard report ([0274] “When a PDCP data PDU is received from the lower layer, the UE will check whether the received PDCP SDU is older than the last PDCP SDU submitted to higher layer in step 501 and discard it in step 511 if it is the case”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yi to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
Regarding claim 5, Yi does not teach wherein the second set of PDCP SDUs comprises one or more stored PDCP SDUs with consecutively associated COUNT values greater than a third state variable.
Zhang teaches wherein the second set of PDCP SDUs comprises one or more stored PDCP SDUs with consecutively associated COUNT values greater than a third state variable ([0281] “If it is the case, which means the SN gap, which triggered the reordering timer, is closed. The UE will stop and reset the reordering timer in step 1003. If the reordering timer is not running, the UE will check whether the COUNT value corresponding to Next_PDCP_RX_SN is larger than the COUNT value corresponding to Last_Submitted_PDCP_RX_SN+1 in step 1004. If it is the case, which means there is an SN gap, the UE will start the reordering timer in step 1005. The UE will set the state variable Reordering_PDCP_SN to Next_PDCP_RX_SN and Reordering_PDCP_HFN to RX_HFN to hold the value of HFN and SN, which trigger the reordering timer in step 1006”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yi to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
Regarding claim 6, Yi does not teach wherein the third state variable indicates COUNT value following COUNT value associated with PDCP SDU which triggered the reordering timer.
Zhang teaches wherein the third state variable indicates COUNT value following COUNT value associated with PDCP SDU which triggered the reordering timer ([0281] “If it is the case, which means the SN gap, which triggered the reordering timer, is closed. The UE will stop and reset the reordering timer in step 1003. If the reordering timer is not running, the UE will check whether the COUNT value corresponding to Next_PDCP_RX_SN is larger than the COUNT value corresponding to Last_Submitted_PDCP_RX_SN+1 in step 1004. If it is the case, which means there is an SN gap, the UE will start the reordering timer in step 1005. The UE will set the state variable Reordering_PDCP_SN to Next_PDCP_RX_SN and Reordering_PDCP_HFN to RX_HFN to hold the value of HFN and SN, which trigger the reordering timer in step 1006”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yi to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
Regarding claim 7, Yi teaches wherein the PDCP discard report comprises a first field to indicate one or more discarded PDCP SDUs ([0079] “In step S810, a UE received from a BS a PDCP status about PDCP SUD(s) which the BS is not correctly received”,[0089] “When the UE receives the request from a network, the UE sends the PDCP status report. After transmitting the PDCP status report, the UE may reset the PDCP status report and may count the total size of missing PDCP SDUs/transmitting PDCP SDUs/discarded PDCP SDUs”).
Regarding claim 8, Yi does teaches wherein the first field of the PDCP discard report indicates a specific COUNT ([0079] “In step S810, a UE received from a BS a PDCP status about PDCP SUD(s) which the BS is not correctly received”,[0089] “When the UE receives the request from a network, the UE sends the PDCP status report. After transmitting the PDCP status report, the UE may reset the PDCP status report and may count the total size of missing PDCP SDUs/transmitting PDCP SDUs/discarded PDCP SDUs”).
Regarding claim 10, Yi teaches wherein the PDCP discard report further comprises a second field ([0086] “The PDCP status report for uplink RB may include at least one of information on the total size of the missing PDCP SDUs, information on the total size of the transmitting PDCP SDUs and information on the total size of the discarded PDCP SDUs”).
Regarding claim 11, Yi teaches wherein the second field indicates one or more discarded SDUs other than a first discarded SDU ([0086] “The PDCP status report for uplink RB may include at least one of information on the total size of the missing PDCP SDUs, information on the total size of the transmitting PDCP SDUs and information on the total size of the discarded PDCP SDUs”).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi in view of Zhang further in view of Yang (US20250168260).
Regarding claim 9, Yi, Zhang does not teach wherein the specific COUNT is a lowest COUNT of SDUs that are discarded due to expiry of a discard timer.
Yang teaches wherein the specific COUNT is a lowest COUNT of SDUs that are discarded due to expiry of a discard timer ([0023] “the COUNT information may indicate a first discarded COUNT (FDC) value. The FDC value may be a smallest COUNT value among the one or more discarded COUNT values”, [0108] “Upon receiving each of the one or more PDCP SDUs, the PDCP entity may start a discard timer associated with the each of the one or more PDCP SDUs, respectively”, (Examiner’s Note: in provision of YANG [0024]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Yi, Zhangto incorporate the teachings of Yang. One of ordinary skill in the art would have been motivated to make this modification in order to minimize delay.
Response to Arguments
Applicant's arguments filed 06/26/2026 have been fully considered but they are not persuasive.
Applicant’s Argument 1
Applicant remarks These two claims address entirely different aspects of PDCP operation: one governs how the terminal generates and transmits a discard notification; the other governs how the terminal processes a received discard notification and manages subsequent reordering. The two claims together describe a complementary transmitter-receiver pair, and it is well-established that inventions directed to complementary roles in a communication protocol are patentably distinct from one another.
Examiner’s Response 1
Examiner respectfully disagrees. See table above. Examiner noted Application No. 18644011 and Application No. 18644007 are not one to one the same.
Claims 1-12 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18644007 in view of Zhang et al. (US20160315868).
Applicant’s Argument 2
Applicant remarks B. Zhang Does Not Render the Claims Obvious in Combination with Application No. 18/644,007
The Examiner asserts that it would have been obvious to modify Application No. 18/644,007 to incorporate the teachings of Zhang in order to improve QoS handling for
packets. Applicant respectfully disagrees.
First, even if one were to start from the transmitting-side operations of Application No. 18/644,007 claim 1, Zhang does not teach the specific receiving-side mechanism claimed in the present application. Zhang discloses a timer-based PDCP reordering process triggered upon detecting an SN gap at the receiving PDCP entity. (Zhang, [0281], FIG. 10.) Zhang's reordering timer is triggered when a new PDCP data PDU is received and a sequence number gap is detected-specifically, when COUNT(NextPDCPRXSN) > COUNT(Last Submitted PDCP RX SN+1). (Zhang, [0281].) Zhang does not teach starting a reordering timer based on reception of a PDCP discard report.
Second, the conditional triggering condition of the present claims-starting the
reordering timer specifically "based on the PDCP discard report" and only "in case that the first state variable is smaller than a second state variable"-is not suggested by Zhang. The significance of this condition is that it allows the terminal to detennine, upon receipt of the discard notification, whether a sequence number gap still exists (RX DELIV < RX NEXT) and only then initiates the reordering timer. This is a functionally and structurally distinct mechanism from Zhang's SN-gap-triggered timer.
Examiner’s Response 2
Examiner respectfully disagrees. Zhang teaches “receiving, by the terminal from the base station, a PDCP discard report ([0274] “for a mobile station to store PDCP SDUs mapped on RLC UM or RLC AM in accordance with embodiments of the current invention. When a PDCP data PDU is received from the lower layer, the UE will check whether the received PDCP SDU is older than the last PDCP SDU submitted to higher layer in step 501 and discard it in step 511 if it is the case … If PDCP SDU with the same SN has been stored in step 509, UE will discard the PDCP SDU in step 511; otherwise, the PDCP SDU is stored in step 510”, (Examiner’s Note: lower layer ==base station);
delivering, by the terminal from a PDCP entity to an upper layer, a first set of PDCP Service Data Units (SDUs) based on the PDCP discard report ([0219] “deliver to upper layers in ascending order of the associated COUNT value:
all stored PDCP SDU(s) with consecutively associated COUNT value(s) starting from the COUNT value associated with the stored PDCP SDU”);
updating, by the terminal, a first state variable ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”);
and starting, by the terminal based on the PDCP discard report, a reordering timer in case that the first state variable is smaller than a second state variable ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”),
wherein the first state variable indicates COUNT value of a first PDCP SDU not delivered from the PDCP entity to the upper layer ([0041] “updating the state variable related to the earliest PDCP SDU that is considered for reordering for both SN and HFN to remember the next earliest PDCP SDU which has not been received”),
wherein the second state variable indicates COUNT value of next PDCP SDU expected to be received ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer”),
wherein a second set of PDCP SDUs are delivered from the PDCP entity to the upper layer in case that the reordering timer expires ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”)” .
Applicant’s Argument 3
Applicant remarks hird, the Examiner's proffered motivation-"to improve QOS handling for is impermissibly vague and generic. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) requires that there be some articulated reasoning with rational underpinning to support combining references. A generalized desire to "improve QoS" does not explain why a person of ordinary skill would have specifically combined the transmitting-side operations of Application No. 18/644,007 with Zhang's receiving-side reordering mechanism to arrive at the specific conditional reordering timer operation recited in claim 1.
Examiner’s Response 3
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Applicant’s Argument 4
Applicant remarks A. Yi Does Not Teach "Receiving a PDCP Discard Report" as Claimed
The Examiner maps the claim limitation "receiving, by the terminal from the base station, a PDCP discard report" to Yi [0079] and [0069]. Applicant respectfully submits that this mapping is fundamentally flawed.
Yi is directed to reporting PDCP status for quality of service (QoS) verification in a wireless communication system. (Yi, [0009]-[0010].) The PDCP status report in Yi is generated and transmitted by the UE to the base station-not received by the terminal from the base station. Yi [0079] states: "a UE received from a BS a PDCP status about PDCP SDU(s) which the BS is not correctly received"-this describes the BS informing the UE of which UL SDUs the BS did not correctly receive, so that the UE can calculate the total size of missing PDCP SDUs. (Yi, [0079]-[0083].) The UE then transmits a PDCP status report to the BS containing the total size information. (Yi, [0083]-[0086].)
Examiner’s Response 4
Examiner respectfully disagrees. Yi is relied upon to show receive, from the base station, a PDCP discard report ([0079] “a UE received from a BS a PDCP status about PDCP SUD(s) which the BS is not correctly received”, (, [0069] “A BS can request the UE to send the PDCP status report. The request message may be transmitted as PDCP control PDU or a RRC message. The request message may include at least one of information on when the UE sends the PDCP status report, information on when the UE stops to send the PDCP status report, [0085] “a discard timer expires before the corresponding PDCP SDU is transmitted. Then, the UE calculates the total size of the discarded PDCP SDUs. The total size of discarded PDCP SDUs may be sent to the BS as the PDCP status report, (Examiner’s Note:PDCP SUD not correctly received information in PDCP status will be discarded if timer expires). PDCP status ==PDCP discard report.
For example, based on [0079] a UE received from a BS a PDCP status about PDCP SUD(s) which the BS is not correctly received == receive, from the base station, a PDCP discard report. PDCP status about the PDCP SUD which the BS is not correctly received == PDCP discard report.
Furthermore, Examiner would like to note the PDCP discard report is not clearly defined in the specification.
Furthermore Fig. 8 step 810 is equivalent to receive, from the base station, a PDCP discard report, and step 830 is equivalent to deliver, from a PDCP entity to an upper layer, a first set of PDCP Service Data Units (SDUs) based on the PDCP discard report ([0086] “The PDCP status report for uplink RB may include at least one of information on the total size of the missing PDCP SDUs, information on the total size of the transmitting PDCP SDUs and information on the total size of the discarded PDCP SDUs”
Applicant’s Argument 5
The Examiner relies on Zhang for the limitations relating to starting a reordering timer and delivering SDUs upon timer expiry. However, Zhang's reordering timer mechanism is also distinct from the claimed invention.
Zhang discloses a reordering timer that is triggered upon detecting a sequence number
Examiner’s Response 5
Examiner respectfully disagrees. The combination of Yi in view of Zhang teaches claim 1, 12.
More specifically Zhang is reiled upon to show Zhang teaches update a first state variable, and start, based on the PDCP discard report, a reordering timer in case that the first state variable is smaller than a second state variable ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer further comprising: updating the state variable related to the earliest PDCP SDU that is considered for reordering to holds the value of the COUNT following the COUNT of the PDCP SDU which triggered the reordering timer; deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU which has not been received”),
wherein the first state variable indicates COUNT value of a first PDCP SDU not delivered from the PDCP entity to the upper layer, wherein the second state variable indicates COUNT value of next PDCP SDU expected to be received ([0214] “deliver to upper layer in ascending order of the associated COUNT value: all stored PDCP SDU(s) with an associated COUNT less than the COUNT value corresponding to the next earliest PDCP SDU”),
and wherein a second set of PDCP SDUs are delivered from the PDCP entity to the upper layer in case that the reordering timer expires ([0214] “a method for updating the state variables and deliver to upper layer to the PDCP SDUs upon the expiration of the reordering timer).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yi to incorporate the teachings of Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to improve QOS handling for packets.
[0214] shows a expiration of the reordering timer.
Applicant’s Argument 6
Applicant remarks The Examiner's Motivation Is Insufficient
The Examiner asserts that it would have been obvious "to improve QOS handling for packets." As noted above, this motivation is impermissibly generic. It fails to explain with particularity why a person of ordinary skill in the art would have combined Yi's QoS measurement report with Zhang's SN-gap-triggered reordering timer to arrive at the specific invention claimed-namely, a receiving terminal that conditionally starts a reordering timer upon receipt of a PDCP discard report from a base station, based on a comparison of state variables. No such teaching, suggestion, or motivation is provided in either reference.
Examiner’s Response 6
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case for improving QOS handling for example , [0009-12] “In another novel aspect, a reordering timer is started upon detecting a PDCP gap existing condition that indicates SN gap between the PDCP SDUs of two parallel RLC entities at a reception buffer of the UE. In one embodiment, the expiration of the reordering timer is a delivery-triggering event that triggers the delivery of SDUs in ascending order to upper layers. In yet another embodiment, the reordering timer is associated with a next-expected SDU COUNT number when the reordering timer is started. In one embodiment, the UE is configured with dual connectivity. The above methods could applied both to AM RLC and UM RLC”. The reordering timer expire, allows the system to maintain latency QOS needs.
Conclusion
THIS ACTION IS MADE FINAL. 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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/K.T.F./Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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