Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to remarks filed on 9/26/2025.
Claims 1-16 are pending and presented for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2021112667590, filed on 10/28/2021.
Response to Amendment
Objections to the specification have been withdrawn based on amendments to the specification.
Rejections of claims 1-16 under 35 U.S.C. 103 based on Badic et al. (US 2020/0229206) and other cited references have been withdrawn based on amendments to claims 1, 7-9, 15 & 16. However, new grounds of rejections of claims 1 & 7 under 35 U.S.C. 102 based on Karlsson et al. (US 10924901)(herein after “Karlsson”) and claims 2-6 & 8-16 under 35 U.S.C. 103 based on Karlsson in view of other references cited in this office action have been introduced based on amendments to claims 1, 7-9, 15 & 16.
Rejection of claim 15 under 35 U.S.C. 112(b) has been introduced.
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 9/26/2025, with respect to the rejections of claims 1-16 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, these rejections have been withdrawn. However, upon further consideration, new grounds of rejections of claims 1 & 7 under 35 U.S.C. 102 have been made in view of Karlsson et al. (US 10924901)(herein after “Karlsson”) and new grounds of rejections under 35 U.S.C. 103 have been made in view of Karlsson et al. (US 10924901)(herein after “Karlsson”) and other references cited in this office action.
Regarding claims 1 & 7, applicant’s arguments 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's amendments necessitated the new grounds of rejection presented in this Office action. Hence new grounds of rejections of claims 1 & 7 under 35 U.S.C. 102 have been made in view of Karlsson et al. (US 10924901)(herein after “Karlsson”).
Regarding claim 9, applicant argues that claim 9 is dependent on claim 1, however claim 9 is an independent claim with similar amendments to claim 1. However, applicant's amendments necessitated the new grounds of rejection presented in this Office action. Hence a new ground of rejection is made under U.S.C. 103 in view of Karlsson et al. (US 10924901)(herein after “Karlsson”) and Donaghey et al. (US 2002/0009088).
Regarding claims 2-6, 8 & 10-16, applicant submits that amendments to claims 1 & 9 traverse the rejections of these claims under 35 U.S.C. 103 due to their dependency on claims 1 & 9 and for reasons discussed above. Examiner agrees and withdraws rejections of claims 2-6, 8 & 10-16 under 35 U.S.C. 103. However, for the same reasons as discussed above, examiner introduces new grounds of rejections of these claims under 35 U.S.C. 103 in view of new reference Karlsson et al. (US 10924901)(herein after “Karlsson”) and other references cited in this office action.
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.
Claim 15 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 15 recites the limitation "the first routing device". There is insufficient antecedent basis for this limitation in the claim. For the purpose of this review, examiner is interpreting “communications via a routing device” as “communications via a first routing device”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 & 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karlsson et al. (US 10924901)(herein after “Karlsson”).
Regarding claim 1, Karlsson discloses a communication method (Col 2, lines 18-22 discloses a wireless communication method.) comprising: determining, in a moving vehicle having a plurality of access devices, a first throughput rate of a backhaul link at a first moment, wherein the first throughput rate comprises at least one of an uplink throughput rate or a downlink throughput rate, the uplink throughput rate is used to determine an access device of the plurality of access devices of the moving vehicle to be used by a terminal device located within the moving vehicle for uplink transmission, and the downlink throughput rate is used to determine an access device of the plurality of access devices of the moving vehicle to be used by the terminal device for downlink transmission (Fig 1 & col 9, lines 57-67 and col 10, lines 1-15 discloses a train (i.e. a moving vehicle) having a plurality of data communication routers, wherein each router is configured to receive wireless data from a stationary communication server through an exterior mobile network (i.e. a downlink backhaul link) and transmit wireless data to a stationary communication server through an exterior mobile network (i.e. an uplink backhaul link) via one or several antennas (i.e. the plurality of routers also represent a plurality of access devices, or in other words each router is both a router and an access device). Col 1, lines 7-8 discloses that the train may be a moving train. Col 10, lines 16-29 disclose that the routers are configured to receive and transmit data packets to and from one or more clients onboard the train. Col 3, lines 66-67 & col 4, lines 1-28 disclose that each router is arranged to communicate on at least one different data link and throughput/bandwidth/overall rate of data transmission can be measured and evaluated (i.e. at a first moment in time) for each link by a controller. Fig 1 & col 10, lines 36-46 disclose that the controller assigns data links (i.e. to the clients) through the routers based at least in part on the evaluation of the performance parameters (i.e. throughput of the data links). Fig 2 & Col 12, lines 62-67 and Col 13, lines 1-40 disclose a distributed database containing performance data for all the data links for all the routers which is updated continuously at discrete time instances that can be accessed by all the routers. The controller continually evaluates the data links and assigns data streams to the clients based on the evaluation. Thus, a broadest reasonable interpretation of the above is that a controller determines, in a moving train having a plurality of routers, a first throughput rate of a backhaul link at a first moment, wherein the first throughput rate may be from a router to an exterior mobile network (i.e. an uplink throughput rate) or may be from the exterior mobile network to the router (i.e. a downlink throughput rate), and the uplink throughput rate is used to determine a router of the plurality of routers of the moving train to be used by a client located within the moving vehicle for uplink transmission, and the downlink throughput rate is used to determine a router of the plurality of routers of the moving vehicle to be used by the client for downlink transmission.); and
sending or receiving, communications via the first throughput rate to a first routing device and the determined access device of the moving vehicle (Col. 10, lines 47-59 disclose that the various data streams from the clients can be transferred to the plurality of data links of the plurality of routers that communicate between the routers and the exterior mobile network (i.e. sending or receiving between the routers and the exterior mobile network) such that the clients always receive the best data connection available. The router providing the best data connection available that is selected for a given client represents both the first routing device and the determined access device of the moving train.).
Regarding claim 7, Karlsson discloses wherein the sending, or receiving, communications via a first routing device comprises: sending, the first throughput rate to the first routing device in a wired transmission manner (Fig 1 & col 10, lines 30-35 disclose that the routers are connected to each other through an onboard router network to assist each other in distributing data traffic. A broadest reasonable assumption is that the onboard router network is a wired network since the connections in Fig 1 are shown as dotted lines (i.e. wired connections) and not dotted arrows (i.e. wireless connections). Fig 1 & Col 10, lines 36-46 disclose that a single controller connected to all of the routers may be configured to evaluate performance parameters (e.g. throughput rates) for all the data links between all the routers and the exterior mobile network. Col. 10, lines 47-59 disclose that the various data streams from clients on the train can be transferred to the plurality of data links of the plurality of routers that communicate between the routers and the exterior mobile network such that the clients always receive the best data connection available. The router providing the best data connection available that is selected for a given client represents both the first routing device and the determined access device of the moving train. Fig 2 & Col 12, lines 62-67 and Col 13, lines 1-40 disclose a distributed database containing performance data for all the data links for all the routers which is updated continuously at discrete time instances that can be accessed by all the routers. The controller continually evaluates the data links and assigns data streams to the clients based on the evaluation. Thus, a broadest reasonable interpretation is that a single central controller, for example located in a second carriage of a train within a second router in Fig. 1, communicates with a first router in a first carriage in the train, and the central controller in the second carriage sends, via the wired router network, a first throughput rate representing a best data connection available amongst the plurality of routers.).
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 & 3 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Lee et al. (US 2022/0366212)(herein after “Lee”).
Regarding Claim 2, Karlsson discloses the method according to claim 1, including determining, by an access device, a first throughput rate of a backhaul link at a first moment comprises: determining, the first throughput rate of the backhaul link at the first moment.
Karlsson fails to disclose wherein the first throughput rate is based on a reference signal received power.
However, Lee teaches wherein the first throughput rate is based on a reference signal received power ([0022] discloses determining a throughput based on a product of a Rank Indicator (RI) and a transport block size divided by a transmission time interval. The transport block size is decided by a CQI that carries information on a power level of a reference signal. Thus, disclosed is determining a throughput based on a power level of a reference signal.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 1, including determining, by an access device, a first throughput rate of a backhaul link at a first moment comprises: determining, the first throughput rate of the backhaul link at the first moment, as disclosed by Karlsson, wherein the first throughput rate is based on a reference signal received power, as taught by Lee. The motivation to do so would be to have a method for providing a router with backhaul data rate information based on CQI reports containing information on power level of a reference signal, from a plurality of backhaul moving cells for a specific outer moving cell, to determine an optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Regarding claim 3, Karlsson in view of Lee disclose the method according to claim 2, including determining, the first throughput rate based on a reference signal received power of the backhaul link at the first moment comprises: determining, a reference signal received power of the backhaul link at the first moment.
Karlsson fails to disclose wherein the first throughput rate is based on a modulation order based on the reference signal received power; and determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device.
However, Lee further teaches wherein the first throughput rate is based on a modulation order based on the reference signal received power ([0022] discloses determining a throughput based on a product of a Rank Indicator (RI) and a transport block size divided by a transmission time interval. The transport block size is decided by a CQI that carries information on a power level of a reference signal and can be mapped to a specific modulation order. Thus, disclosed is a throughput based on a specific modulation order based on a power level of a reference signal.); and
determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device ([0022] discloses determining a throughput based on a product of a Rank Indicator (RI) and a transport block size (i.e. a quantity of resource elements) divided by a transmission time interval. The transport block size is decided by a CQI that can be mapped to a specific modulation order and coding rate (Note that to someone of ordinary skill in the art it is known that in LTE a transport block size consists of a subframe made up of 2 resource blocks with 84 resource elements per resource block, and thus a transport block size is equivalent to 168 resource elements.). Thus, disclosed is a throughput based on a specific modulation order and corresponding code rate, and a quantity of resource elements configured for an access device.);
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 2, including determining, the first throughput rate based on a reference signal received power of the backhaul link at the first moment comprises: determining, a reference signal received power of the backhaul link at the first moment, as disclosed by Karlsson in view of Lee, wherein the first throughput rate is based on a modulation order based on the reference signal received power; and determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device, as taught by Lee. The motivation to do so would be to have a method for providing a router with backhaul data rate information based on modulation orders and corresponding code rates mapped from CQI reports and a quantity of resource elements configured, for a specific outer moving cell, from a plurality of backhaul moving cells for the specific outer moving cell, to determine an optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 4 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Lee et al. (US 2022/0366212)(herein after “Lee”), as applied to claim 3, and further in view of Kumar et al. (Ambuj Kumar, “Dynamic Pathloss Model for Place and Time Itinerant Networks”, Wireless Personal Communications, Volume 100, pages 641-652, January 20, 2018.)(herein after “Kumar”).
Regarding claim 4, Karlsson in view of Lee disclose the method according to claim 3.
Karlsson discloses wherein the first moment is later than a current moment (Col 12, lines 62-67 & col 13, lines 1-11 disclose that the distributed database is updated and synchronized at predefined discrete time intervals. Thus, a broadest reasonable interpretation is that a predefined first moment when an update and synchronization is to occur is later that a current moment when updating and synchronization has just occurred.).
Karlsson fails to disclose wherein the method further comprises: determining, the reference signal received power at the first moment based on a reference signal received power that is measured at the current moment and a path loss function.
However, Kumar further teaches wherein the method further comprises: determining, the reference signal received power at the first moment based on a reference signal received power that is measured at the current moment and a path loss function (Page 646, equation (15) discloses a pathloss formula
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(D1,t), for determining a reference signal received power at a first moment t based on a reference signal received power measured at a current moment, t=0.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 3, wherein the first moment is later than a current moment, as disclosed by Karlsson in view of Lee, wherein the method further comprises: determining, the reference signal received power at the first moment based on a reference signal received power that is measured at the current moment and a path loss function, as further taught by Kumar. The motivation to do so would be to have a method for providing a router with backhaul data rate information based on modulation orders and corresponding code rates, mapped from predicted reference signal power levels over time based on a pathloss model, and a quantity of resource elements configured for a specific outer moving cell, provided to a plurality of backhaul moving cells from the specific outer moving cell, to determine an optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 5 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Lee et al. (US 2022/0366212)(herein after “Lee”), as applied to claim 3, and further in view of McCallister et al. (US 5818832)(herein after “McCallister”).
Regarding claim 5, Karlsson in view of Lee disclose the method according to claim 3, including determining, a modulation order based on the reference signal received power of the backhaul link at the first moment comprises: determining, a corresponding modulation order based on the reference signal received power of the backhaul link at the first moment.
Karlsson fails to disclose wherein determining, a first correspondence based on historical data, wherein the first correspondence is a correspondence between the reference signal received power and the modulation order; and determining, a corresponding modulation order based on the first correspondence.
However, McCallister further teaches wherein determining, a first correspondence based on historical data, wherein the first correspondence is a correspondence between the reference signal received power and the modulation order (Col 10, lines 11-28 disclose a modulation order selection based on signal quality measurements consisting of measured forward received signal strength, wherein the correspondence between modulation order and received signal strength may be based on historical data.); and
determining, a corresponding modulation order based on the first correspondence (Col 10, lines 11-28 disclose selecting a modulation order wherein the selection may be based on the correspondence between modulation order and received signal strength based on historical data.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 3, including determining, a modulation order based on the reference signal received power of the backhaul link at the first moment comprises: determining, a corresponding modulation order based on the reference signal received power of the backhaul link at the first moment, as disclosed by Karlsson in view of Lee, wherein determining, a first correspondence based on historical data, wherein the first correspondence is a correspondence between the reference signal received power and the modulation order; and determining, a corresponding modulation order based on the first correspondence, as further taught by McCallister. The motivation to do so would be to have a method for providing a router with backhaul data rate information based on modulation orders and corresponding code rates, based on historical data relating modulation order to received signal strength, and a quantity of resource elements configured for a specific outer moving cell, provided to a plurality of backhaul moving cells from the specific outer moving cell, to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 6 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Lee et al. (US 2022/0366212)(herein after “Lee”), as applied to claim 3, and further in view of 3GPP et al. (3GPP TS 38.306, “NR; User Equipment (UE) radio access capabilities (Release 16)”, V16.0.0, 2020-03)(herein after “3GPP”).
Regarding claim 6, Karlsson in view of Lee disclose the method according to claim 3.
Karlsson fails to disclose wherein the determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device comprises at least one of: calculating, a product of a first quantity of REs, a quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and duration of a time unit, to obtain the uplink throughput rate; or calculating, a product of a second quantity of REs, the quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and the duration of the time unit, to obtain the uplink throughput rate, wherein the first quantity of REs is a difference between a quantity of REs configured for the access device and a quantity of uplink overhead REs, and the second quantity of REs is a difference between the quantity of REs configured for the access device and a quantity of downlink overhead REs.
However, 3GPP further teaches wherein the determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device comprises at least one of: calculating, a product of a first quantity of REs, a quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and duration of a time unit, to obtain the uplink throughput rate (Page 8, section 4.1.2 discloses a calculation based on a product of a quantity of resource elements
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or calculating, a product of a second quantity of REs, the quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and the duration of the time unit, to obtain the uplink throughput rate, wherein the first quantity of REs is a difference between a quantity of REs configured for the access device and a quantity of uplink overhead REs, and the second quantity of REs is a difference between the quantity of REs configured for the access device and a quantity of downlink overhead REs (Page 8, section 4.1.2 discloses a calculation based on a product of a second quantity of resource elements
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Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 3, as disclosed by Karlsson in view of Lee, wherein the determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device comprises at least one of: calculating, a product of a first quantity of REs, a quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and duration of a time unit, to obtain the uplink throughput rate; or calculating, a product of a second quantity of REs, the quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and the duration of the time unit, to obtain the uplink throughput rate, wherein the first quantity of REs is a difference between a quantity of REs configured for the access device and a quantity of uplink overhead REs, and the second quantity of REs is a difference between the quantity of REs configured for the access device and a quantity of downlink overhead REs, as further taught by 3GPP. The motivation to do so would be to have a method for providing a router with backhaul data rate information based on a data rate calculation based on a product of a quantity of resource elements, quantity of data streams, modulation order and code rate, divided by an average OFDM symbol duration, provided to a plurality of backhaul moving cells from the specific outer moving cell, to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”), as applied to claim 7, in view of Donaghey et al. (US 2002/0009088)(herein after “Donaghey”) and further in view of Kumar et al. (US 2023/0027233)(herein after “Kumar2”) and of Zhou et al. (US2016/0080254)(hereinafter “Zhou”).
Regarding claim 8, Karlsson discloses the method according to claim 7.
Karlsson fails to disclose wherein the sending, or receiving, communications via a first routing device comprises: generating, first information based on a tag-length-value format; and sending, the first information to the first routing device.
However, Donaghey teaches wherein the sending, the first throughput rate to a first routing device comprises: generating, first information based on a tag format (Claim 13 discloses a router receiving link data rate information (i.e. throughput rate) from a node, and thus the node is sending data rate information to the router. Fig 8 & [0037] disclose a flood-tag format for sending the data rate information to the router.);
and sending, the first information to the first routing device (Claim 13 discloses a router receiving link data rate information (i.e. throughput rate) from a node, and thus the node is sending data rate information to the router.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 7, as disclosed by Karlsson, wherein the sending, the first throughput rate to a first routing device comprises: generating, first information based on a tag format; and sending, the first information to the first routing device, as taught by Donaghey. The motivation to do so would be to have a method comprising a tag format in a conventional wired router & packet-switched network for multicasting to a group of routers backhaul data rate information from a plurality of backhaul moving cells for a specific outer moving cell to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Karlsson fails to disclose generating, first information, wherein the first information comprises first indication information, the first indication information indicates whether the first information comprises at least one of the uplink throughput rate or the downlink throughput rate, when the first indication information indicates that the first information comprises the uplink throughput rate, the first information further comprises information about the uplink throughput rate, and when the first indication information indicates that the first information comprises the downlink throughput rate, the first information further comprises information about the downlink throughput rate
However, Kumar2 further teaches generating, first information, wherein the first information comprises first indication information, the first indication information indicates whether the first information comprises at least one of the uplink throughput rate or the downlink throughput rate, when the first indication information indicates that the first information comprises the uplink throughput rate, the first information further comprises information about the uplink throughput rate, and when the first indication information indicates that the first information comprises the downlink throughput rate, the first information further comprises information about the downlink throughput rate ([0128 disclose a report including an indication of uplink or downlink throughput associated with an IAB node, when the indication information indicates the information comprises uplink throughput associated with the IAB node, the information comprises uplink throughput information associated with the IAB node and when the indication information indicates the information comprises downlink throughput associated with the IAB node, the information comprises downlink throughput information associated with the IAB node.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 7, as disclosed by Karlsson, wherein generating, first information, wherein the first information comprises first indication information, the first indication information indicates whether the first information comprises at least one of the uplink throughput rate or the downlink throughput rate, when the first indication information indicates that the first information comprises the uplink throughput rate, the first information further comprises information about the uplink throughput rate, and when the first indication information indicates that the first information comprises the downlink throughput rate, the first information further comprises information about the downlink throughput rate, as further taught by Kumar2. The motivation to do so would be to have a method comprising a format in a conventional wired router & packet-switched network for sending a router an indication of uplink and downlink backhaul data rate information from a plurality of backhaul moving cells for a specific outer moving cell to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize uplink or downlink throughput.
Karlsson fails to disclose wherein the tag-length-value format is in a link layer discovery protocol
Zhou further teaches wherein the tag-length-value format is in a link layer discovery protocol ([0015] disclose a tag-length-value field in a link layer discovery protocol (LLDP) data packet.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 7, as disclosed by Karlsson, wherein the tag-length-value format is in a link layer discovery protocol, as further taught by Zhou. The motivation to do so would be to have a method comprising a tag-length-value format in an LLDP protocol in a conventional wired router & packet-switched network for sending a router an indication of uplink and downlink backhaul data rate information from a plurality of backhaul moving cells for a specific outer moving cell to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize uplink or downlink throughput.
Claims 9 & 15 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Donaghey et al. (US 2002/0009088)(herein after “Donaghey”)
Regarding claim 9, Karlsson discloses an apparatus for determining, in a moving vehicle having a plurality of access devices, a first throughput rate of a backhaul link at a first moment, wherein the first throughput rate comprises at least one of an uplink throughput rate or a downlink throughput rate, the uplink throughput rate is used to determine an access device of the plurality of access devices of the moving vehicle to be used by a terminal device for uplink transmission, and the downlink throughput rate is used to determine an access device used by the terminal device for downlink transmission (Fig 1 & col 9, lines 57-67 and col 10, lines 1-15 discloses a train (i.e. a moving vehicle) having a plurality of data communication routers, wherein each router (i.e. an apparatus) is configured to receive wireless data from a stationary communication server through an exterior mobile network (i.e. a downlink backhaul link) and transmit wireless data to a stationary communication server through an exterior mobile network (i.e. an uplink backhaul link) via one or several antennas (i.e. the plurality of routers also represent a plurality of access devices, or in other words each router is both a router and an access device). Col 1, lines 7-8 discloses that the train may be a moving train. Col 10, lines 16-29 disclose that the routers are configured to receive and transmit data packets to and from one or more clients onboard the train. Col 3, lines 66-67 & col 4, lines 1-28 disclose that each router is arranged to communicate on at least one different data link and throughput/bandwidth/overall rate of data transmission can be measured and evaluated (i.e. at a first moment in time) for each link by a controller. Fig 1 & col 10, lines 36-46 disclose that the controller assigns data links (i.e. to the clients) through the routers based at least in part on the evaluation of the performance parameters (i.e. throughput of the data links). Fig 2 & Col 12, lines 62-67 and Col 13, lines 1-40 disclose a distributed database containing performance data for all the data links for all the routers which is updated continuously at discrete time instances that can be accessed by all the routers. The controller continually evaluates the data links and assigns data streams to the clients based on the evaluation. Thus, a broadest reasonable interpretation of the above is that a controller determines, in a moving train having a plurality of routers, a first throughput rate of a backhaul link at a first moment, wherein the first throughput rate may be from a router to an exterior mobile network (i.e. an uplink throughput rate) or may be from the exterior mobile network to the router (i.e. a downlink throughput rate), and the uplink throughput rate is used to determine a router of the plurality of routers of the moving train to be used by a client located within the moving vehicle for uplink transmission, and the downlink throughput rate is used to determine a router of the plurality of routers of the moving vehicle to be used by the client for downlink transmission.); and sending, or receiving, communications via first routing device and the determined access device of the moving vehicle (Col. 10, lines 47-59 disclose that the various data streams from the clients can be transferred to the plurality of data links of the plurality of routers that communicate between the routers and the exterior mobile network (i.e. sending or receiving between the routers and the exterior mobile network) such that the clients always receive the best data connection available. The router providing the best data connection available that is selected for a given client represents both the first routing device and the determined access device of the moving train.).
Karlsson fails to discloses wherein the apparatus comprises: a processor and a memory coupled to the processor with computer readable instructions stored thereon, wherein the instructions, when executed by the processor, enable the apparatus to perform functions of the apparatus.
However, Donaghey teaches wherein the apparatus comprises: a processor and a memory coupled to the processor with computer readable instructions stored thereon, wherein the instructions, when executed by the processor, enable the apparatus to perform functions of the apparatus (Fig 2 & [0028]-[0029] and Claim 7 disclose a router 105 with a processor 205 and memory coupled to the processor wherein the processor may execute instructions contained in the memory that enable the router to perform routing data functions.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have an apparatus such as a router, as disclosed by Karlsson, wherein the apparatus comprises: a processor and a memory coupled to the processor with computer readable instructions stored thereon, wherein the instructions, when executed by the processor, enable the apparatus to perform functions of the apparatus, as taught by Donaghey. The motivation to do so would be to have a router that has memory storing instructions that can be executed by a processor to perform routing functions such as routing data from clients on a train to an exterior mobile network.
Regarding claim 15, Karlsson in view of Donaghey disclose the apparatus of claim 9.
Karlsson discloses wherein the sending, or receiving, communications via a routing device comprises: sending, the first throughput rate to the first routing device in a wired transmission manner (Fig 1 & col 10, lines 30-35 disclose that the routers are connected to each other through an onboard router network to assist each other in distributing data traffic. A broadest reasonable assumption is that the onboard router network is a wired network since the connections in Fig 1 are shown as dotted lines (i.e. wired connections) and not dotted arrows (i.e. wireless connections). Fig 1 & Col 10, lines 36-46 disclose that a single controller connected to all of the routers may be configured to evaluate performance parameters (e.g. throughput rates) for all the data links between all the routers and the exterior mobile network. Col. 10, lines 47-59 disclose that the various data streams from clients on the train can be transferred to the plurality of data links of the plurality of routers that communicate between the routers and the exterior mobile network such that the clients always receive the best data connection available. The router providing the best data connection available that is selected for a given client represents both the first routing device and the determined access device of the moving train. Fig 2 & Col 12, lines 62-67 and Col 13, lines 1-40 disclose a distributed database containing performance data for all the data links for all the routers which is updated continuously at discrete time instances that can be accessed by all the routers. The controller continually evaluates the data links and assigns data streams to the clients based on the evaluation. Thus, a broadest reasonable interpretation is that a single central controller, for example located in a second carriage of a train within a second router in Fig. 1, communicates with a first router in a first carriage in the train, and the central controller in the second carriage sends, via the wired router network, a first throughput rate representing a best data connection available amongst the plurality of routers.).
Claims 10 & 11 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Donaghey et al. (US 2002/0009088)(herein after “Donaghey”), as applied to claim 9, and further in view of Lee et al. (US 2022/0366212)(herein after “Lee”).
Regarding Claim 10, Karlsson in view of Donaghey disclose the apparatus according to claim 9, including determining, by an access device, a first throughput rate of a backhaul link at a first moment comprises: determining, the first throughput rate of the backhaul link at the first moment.
Karlsson fails to disclose wherein the first throughput rate is based on a reference signal received power.
However, Lee further teaches wherein the first throughput rate is based on a reference signal received power ([0022] discloses determining a throughput based on a product of a Rank Indicator (RI) and a transport block size divided by a transmission time interval. The transport block size is decided by a CQI that carries information on a power level of a reference signal. Thus, disclosed is determining a throughput based on a power level of a reference signal.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the apparatus according to claim 9, including the determining, by an access device, a first throughput rate of a backhaul link at a first moment comprises: determining, the first throughput rate of the backhaul link at the first moment, as disclosed by Karlsson in view of Donaghey, wherein the first throughput rate is based on a reference signal received power, as further taught by Lee. The motivation to do so would be to have a plurality of backhaul moving cells capable of providing a router with backhaul data rate information based on CQI reports containing information on power level of a reference signal, for a specific outer moving cell, to determine an optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Regarding claim 11, Karlsson in view of Donaghey and Lee disclose the apparatus according to claim 10, including determining, the first throughput rate based on a reference signal received power of the backhaul link at the first moment comprises: determining, a reference signal received power of the backhaul link at the first moment.
Karlsson fails to disclose wherein the first throughput rate is based on a modulation order based on the reference signal received power; and determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device.
However, Lee further teaches wherein the first throughput rate is based on a modulation order based on the reference signal received power ([0022] discloses determining a throughput based on a product of a Rank Indicator (RI) and a transport block size divided by a transmission time interval. The transport block size is decided by a CQI that carries information on a power level of a reference signal and can be mapped to a specific modulation order. Thus, disclosed is a throughput based on a specific modulation order based on a power level of a reference signal.); and
determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device ([0022] discloses determining a throughput based on a product of a Rank Indicator (RI) and a transport block size (i.e. a quantity of resource elements) divided by a transmission time interval. The transport block size is decided by a CQI that can be mapped to a specific modulation order and coding rate (Note that to someone of ordinary skill in the art it is known that in LTE a transport block size consists of a subframe made up of 2 resource blocks with 84 resource elements per resource block, and thus a transport block size is equivalent to 168 resource elements.). Thus, disclosed is a throughput based on a specific modulation order and corresponding code rate, and a quantity of resource elements configured for an access device.);
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the apparatus according to claim 10, including determining, the first throughput rate based on a reference signal received power of the backhaul link at the first moment comprises: determining, a reference signal received power of the backhaul link at the first moment, as disclosed by Karlsson in view of Donaghey and Lee, wherein the first throughput rate is based on a modulation order based on the reference signal received power; and determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element (RE) configured for the access device, as further taught by Lee. The motivation to do so would be to have a plurality of backhaul moving cells capable of providing a router with backhaul data rate information, based on modulation orders and corresponding code rates mapped from CQI reports and a quantity of resource elements configured, for a specific outer moving cell, to determine an optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 12 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Donaghey et al. (US 2002/0009088)(herein after “Donaghey”) and Lee et al. (US 2022/0366212)(herein after “Lee”), as applied to claim 11, and further in view of Kumar et al. (Ambuj Kumar, “Dynamic Pathloss Model for Place and Time Itinerant Networks”, Wireless Personal Communications, Volume 100, pages 641-652, January 20, 2018.)(herein after “Kumar”).
Regarding claim 12, Karlsson in view of Donaghey and Lee disclose the apparatus according to claim 11, wherein the instructions, when executed by the processor, enable the apparatus to perform: determining, the reference signal received power.
Karlsson discloses wherein the first moment is later than a current moment (Col 12, lines 62-67 & col 13, lines 1-11 disclose that the distributed database is updated and synchronized at predefined discrete time intervals. Thus, a broadest reasonable interpretation is that a predefined first moment when an update and synchronization is to occur is later that a current moment when updating and synchronization has just occurred.).
Karlsson fails to disclose determining, the reference signal received power at the first moment is based on a reference signal received power that is measured at the current moment and a path loss function.
However, Kumar further teaches determining, the reference signal received power at the first moment is based on a reference signal received power that is measured at the current moment and a path loss function. (Page 646, equation (15) discloses a pathloss formula
P
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(D1,t), for determining a reference signal received power at a first moment t based on a reference signal received power measured at a current moment, t=0.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the method according to claim 11 wherein the instructions, when executed by the processor, enable the apparatus to perform: determining, the reference signal received power, wherein the first moment is later than a current moment, as disclosed by Karlsson in view of Donaghey and Lee, wherein determining, the reference signal received power at the first moment is based on a reference signal received power that is measured at the current moment and a path loss function, as further taught by Kumar. The motivation to do so would be to have a plurality of backhaul moving cells capable of providing a router with backhaul data rate information, based on modulation orders and corresponding code rates, mapped from predicted reference signal power levels over time based on a pathloss model, and a quantity of resource elements configured for a specific outer moving cell, from the specific outer moving cell, to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 13 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Donaghey et al. (US 2002/0009088)(herein after “Donaghey”) and Lee et al. (US 2022/0366212)(herein after “Lee”), as applied to claim 11, and further in view of McCallister et al. (US 5818832)(herein after “McCallister”).
Regarding claim 13, Karlsson in view of Donaghey and Lee disclose the apparatus according to claim 11, wherein the determining, a modulation order based on the reference signal received power of the backhaul link at the first moment comprises: determining, a corresponding modulation order based on the reference signal received power of the backhaul link at the first moment.
Karlsson fails to disclose determining, a first correspondence based on historical data, wherein the first correspondence is a correspondence between the reference signal received power and the modulation order; and determining, a corresponding modulation order based on the first correspondence.
However, McCallister further teaches determining, a first correspondence based on historical data, wherein the first correspondence is a correspondence between the reference signal received power and the modulation order (Col 10, lines 11-28 disclose a modulation order selection based on signal quality measurements consisting of measured forward received signal strength, wherein the correspondence between modulation order and received signal strength may be based on historical data.); and
determining, a corresponding modulation order based on the first correspondence (Col 10, lines 11-28 disclose selecting a modulation order wherein the selection may be based on the correspondence between modulation order and received signal strength based on historical data.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the apparatus according to claim 11, wherein the determining, a modulation order based on the reference signal received power of the backhaul link at the first moment comprises: determining, a corresponding modulation order based on the reference signal received power of the backhaul link at the first moment, as disclosed by Karlsson in view of Donaghey and Lee, wherein determining, a first correspondence based on historical data, wherein the first correspondence is a correspondence between the reference signal received power and the modulation order; and determining, a corresponding modulation order based on the first correspondence, as further taught by McCallister. The motivation to do so would be to have a plurality of backhaul moving cells capable of providing a router with backhaul data rate information based on modulation orders and corresponding code rates, based on historical data relating modulation order to received signal strength, and a quantity of resource elements configured, for a specific outer moving cell, to determine an optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 14 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Donaghey et al. (US 2002/0009088)(herein after “Donaghey”) and Lee et al. (US 2022/0366212)(herein after “Lee”), as applied to claim 11, and further in view of 3GPP et al. (3GPP TS 38.306, “NR; User Equipment (UE) radio access capabilities (Release 16)”, V16.0.0, 2020-03)(herein after “3GPP”).
Regarding claim 14, Karlsson in view of Donaghey and Lee disclose the apparatus according to claim 11.
Karlsson fails to disclose wherein the determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element RE configured for the access device comprises at least one of: calculating, a product of a first quantity of REs, a quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and duration of a time unit, to obtain the uplink throughput rate; or calculating, a product of a second quantity of REs, the quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and the duration of the time unit, to obtain the uplink throughput rate, wherein the first quantity of REs is a difference between a quantity of REs configured for the access device and a quantity of uplink overhead REs, and the second quantity of REs is a difference between the quantity of REs configured for the access device and a quantity of downlink overhead REs.
However, 3GPP further teaches wherein the determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element RE configured for the access device comprises at least one of: calculating, a product of a first quantity of REs, a quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and duration of a time unit, to obtain the uplink throughput rate (Page 8, section 4.1.2 discloses a calculation based on a product of a quantity of resource elements
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or calculating, a product of a second quantity of REs, the quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and the duration of the time unit, to obtain the uplink throughput rate, wherein the first quantity of REs is a difference between a quantity of REs configured for the access device and a quantity of uplink overhead REs, and the second quantity of REs is a difference between the quantity of REs configured for the access device and a quantity of downlink overhead REs (Page 8, section 4.1.2 discloses a calculation based on a product of a second quantity of resource elements
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Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the apparatus according to claim 11, as disclosed by Karlsson in view of Donaghey and Lee, wherein the determining, the first throughput rate based on the modulation order, a code rate corresponding to the modulation order, and a resource element RE configured for the access device comprises at least one of: calculating, a product of a first quantity of REs, a quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and duration of a time unit, to obtain the uplink throughput rate; or calculating, a product of a second quantity of REs, the quantity of data streams, the modulation order, and the code rate corresponding to the modulation order, and then calculating a quotient of the product and the duration of the time unit, to obtain the uplink throughput rate, wherein the first quantity of REs is a difference between a quantity of REs configured for the access device and a quantity of uplink overhead REs, and the second quantity of REs is a difference between the quantity of REs configured for the access device and a quantity of downlink overhead REs, as further taught by 3GPP. The motivation to do so would be to have a plurality of backhaul moving cells capable of providing a router with backhaul data rate information based on a data rate calculation based on a product of a quantity of resource elements, quantity of data streams, modulation order and code rate, divided by an average OFDM symbol duration, for a specific outer moving cell, to determine an optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Claim 16 rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 10924901)(hereinafter “Karlsson”) in view of Donaghey et al. (US 2002/0009088)(herein after “Donaghey”), as applied to claim 15, and further in view of Kumar et al. (US 2023/0027233)(herein after “Kumar2”) and Zhou et al. (US2016/0080254)(hereinafter “Zhou”).
Regarding claim 16, Karlsson in view of Donaghey discloses the apparatus according to claim 15.
Karlsson discloses sending, first information to the determined access device of the moving vehicle (Fig 1 & col 10, lines 3-15 discloses a plurality of data communication routers, wherein each router is configured to transmit and receive wireless data to and from a stationary communication server through an exterior mobile network via one or several antennas (i.e. the plurality of routers also represent a plurality of access devices, or in other words each router is both a router and an access device). Fig 1 & col 10, lines 30-35 disclose that the routers are connected to each other through an onboard router network to assist each other in distributing data traffic. Fig 1 & Col 10, lines 36-46 disclose that a single controller connected to all of the routers may be configured to evaluate performance parameters (e.g. throughput rates) for all the data links between all the routers and the exterior mobile network. Col. 10, lines 47-59 disclose that the various data streams from clients on the train can be transferred to the plurality of data links of the plurality of routers that communicate between the routers and the exterior mobile network such that the clients always receive the best data connection available. The router providing the best data connection available that is selected for a given client represents both the first routing device and the determined access device of the moving train. Fig 2 & Col 12, lines 62-67 and Col 13, lines 1-40 disclose a distributed database containing performance data for all the data links for all the routers which is updated continuously at discrete time instances that can be accessed by all the routers. The controller continually evaluates the data links and assigns data streams to the clients based on the evaluation. Thus, a broadest reasonable interpretation is that a single central controller, for example located in a second carriage of a train within a second router in Fig. 1, assigns a client to a first router determined to provide the best data rate for the client (i.e. sends first information to the first router, that is also a first access device, determined to provide the best data rate for the client that assigns the client to the data link associated with the first router/access device).).
Karlsson fails to disclose wherein the sending, or receiving, communications via a first routing device comprises: generating, first information based on a tag-length-value format; and sending, the first information to the first routing device.
However, Donaghey teaches wherein the sending, the first throughput rate to a first routing device comprises: generating, first information based on a tag format (Claim 13 discloses a router receiving link data rate information (i.e. throughput rate) from a node, and thus the node is sending data rate information to the router. Fig 8 & [0037] disclose a flood-tag format for sending the data rate information to the router.);
and sending, the first information to the first routing device (Claim 13 discloses a router receiving link data rate information (i.e. throughput rate) from a node, and thus the node is sending data rate information to the router.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the apparatus according to claim 15, as disclosed by Karlsson in view of Donaghey, wherein the sending, the first throughput rate to a first routing device comprises: generating, first information based on a tag format; and sending, the first information to the first routing device, as taught by Donaghey. The motivation to do so would be to have an apparatus comprising a tag format in a conventional wired router & packet-switched network for multicasting to a group of routers backhaul data rate information from a plurality of backhaul moving cells for a specific outer moving cell to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize throughput.
Karlsson fails to disclose generating, first information, wherein the first information comprises first indication information, the first indication information indicates whether the first information comprises at least one of the uplink throughput rate or the downlink throughput rate, when the first indication information indicates that the first information comprises the uplink throughput rate, the first information further comprises information about the uplink throughput rate, and when the first indication information indicates that the first information comprises the downlink throughput rate, the first information further comprises information about the downlink throughput rate
However, Kumar2 further teaches generating, first information, wherein the first information comprises first indication information, the first indication information indicates whether the first information comprises at least one of the uplink throughput rate or the downlink throughput rate, when the first indication information indicates that the first information comprises the uplink throughput rate, the first information further comprises information about the uplink throughput rate, and when the first indication information indicates that the first information comprises the downlink throughput rate, the first information further comprises information about the downlink throughput rate ([0128 disclose a report including an indication of uplink or downlink throughput associated with an IAB node, when the indication information indicates the information comprises uplink throughput associated with the IAB node, the information comprises uplink throughput information associated with the IAB node and when the indication information indicates the information comprises downlink throughput associated with the IAB node, the information comprises downlink throughput information associated with the IAB node.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the apparatus according to claim 15, as disclosed by Karlsson in view of Donaghey, wherein generating, first information, wherein the first information comprises first indication information, the first indication information indicates whether the first information comprises at least one of the uplink throughput rate or the downlink throughput rate, when the first indication information indicates that the first information comprises the uplink throughput rate, the first information further comprises information about the uplink throughput rate, and when the first indication information indicates that the first information comprises the downlink throughput rate, the first information further comprises information about the downlink throughput rate, as further taught by Kumar2. The motivation to do so would be to have an apparatus comprising a format in a conventional wired router & packet-switched network for sending a router an indication of uplink and downlink backhaul data rate information from a plurality of backhaul moving cells for a specific outer moving cell to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize uplink or downlink throughput.
Karlsson fails to disclose wherein the tag-length-value format is in a link layer discovery protocol
Zhou further teaches wherein the tag-length-value format is in a link layer discovery protocol ([0015] disclose a tag-length-value field in a link layer discovery protocol (LLDP) data packet.).
Therefore, it would have been obvious to someone having ordinary skill in the after prior to the effective filing date of the claimed invention to have the apparatus according to claim 15, as disclosed by Karlsson in view of Donaghey, based on a tag-length-value format in a link layer discovery protocol, as further taught by Zhou. The motivation to do so would be to have an apparatus comprising a tag-length-value format in an LLDP protocol in a conventional wired router & packet-switched network for sending a router an indication of uplink and downlink backhaul data rate information from a plurality of backhaul moving cells for a specific outer moving cell to determine the optimal backhaul moving cell to relay data from the specific outer moving cell to maximize uplink or downlink throughput.
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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/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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