DETAILED ACTION
The following is a second non-final office action in response to applicant’s filing of Notice of Appeal filed on 07/23/2026 along with a Pre-Appeal Brief Conference Request filed on 07/23/2026, and also for the response of the office action mailed on 05/28/2026. Independent claims 1, 13 and 18 are amended. Claims 2, 11-12, 14 and 19 are cancelled. A new set of claims 21-25 were added on 02/04/2026. Therefore, claims 1, 3-10, 13, 15-18 and 20-25 are pending and addressed below.
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 .
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, 3-5, 7-8 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-4 and 6 of U.S. Patent No. US 11,991,556 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 3-5, 7-8 and 10 of the instant application is “anticipated by” claim 1-4 and 6 of U.S. Patent No. US 11,991,556 B2 .
Application No 18/668,930 (Instant)
U.S. Patent No. US 11,991,556 B2
1. A terminal device, having a first Packet Data Convergence Protocol (PDCP) entity corresponding to a Data Radio Bearer (DRB) and a plurality of Radio Link Control (RLC) entities corresponding to the first PDCP entity, and comprising: a processor and a transceiver, wherein the plurality of RLC entities comprise a first RLC entity, a second RLC entity, a third RLC entity and a fourth RLC entity, wherein
the transceiver is configured to receive, through a Media Access Control (MAC) entity,
an MAC Control Element (CE) comprising first indication information, wherein the first indication information is used for indicating activating and/or deactivating.
a first data behavior between the first PDCP entity corresponding to the DRB and the first RLC entity each of the plurality of RLC entities, a second data behavior between the first PDCP entity corresponding to the DRB and the second RLC entity, and a third data behavior between the first PDCP entity corresponding to the DRB and the third RLC entity, wherein activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different; and
the processor is configured to indicate, through the MAC entity, a state of duplication data between the first PDCP entity corresponding to the DRB and each of the plurality of RLC entities to a higher layer.
3. The terminal device of claim 1, wherein the transceiver is further configured to: receive a Radio Resource Control (RRC) signaling, wherein the RRC signaling comprises information for indicating an initial state of duplication data of the first PDCP entity corresponding to the DRB.
4. The terminal device of claim 1, wherein the transceiver is further configured to: receive second indication information, wherein the second indication information is used for indicating whether the MAC CE is an MAC CE comprising the first indication information.
5. The terminal device of claim 4, wherein the transceiver is specifically configured to: receive a reserved index in a Logical Channel Identifier (LCID) of a DownLink Shared Channel (DL-SCH), wherein the reserved index is used for indicating whether the MAC CE is the MAC CE comprising the first indication information.
7. The terminal device of claim 1, wherein the processor is further configured to: report capability information of the terminal device, wherein the capability information comprises whether the first PDCP entity corresponding to the DRB supports a behavior of transmitting data with at least three RLC entities, wherein the capability information further comprises: a quantity of RLC entities capable of implementing a behavior of data transmission with the first PDCP entity corresponding to the DRB.
8. The terminal device of claim 1, wherein the transceiver is specifically configured to: receive a first type of MAC CE or a second type of MAC CE; wherein the first type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a first DRB, and the second type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a second DRB, wherein the first DRB and the second DRB are different.
10. The terminal device of claim 8, wherein the first type of MAC CE is used for indicating a data behavior between the first PDCP entity corresponding to the first DRB and two RLC entities, the second type of MAC CE is used for indicating a data behavior between the first PDCP entity corresponding to the second DRB and at least three RLC entities.
1. A terminal device, having a first Packet Data Convergence Protocol (PDCP) entity and a plurality of Radio Link Control (RLC) entities corresponding to the first PDCP entity, and comprising: a processor and a transceiver, wherein the transceiver is configured to receive first indication information, wherein the first indication information is used for indicating a data behavior between the first PDCP entity and the plurality of RLC entities, wherein the terminal device is capable of making explicit data actions between the PDCP entity and each RLC entity for both carrier aggregation (CA) and dual connectivity (DC) copies; wherein the transceiver is further configured to: receive an Media Access Control (MAC) Control Element (CE) format, wherein the MAC CE format comprises the first indication information; receive second indication information, wherein the second indication information is used for indicating whether the first indication information is comprised in the MAC CE format, wherein the transceiver is further configured to: receive a reserved index in a Logical Channel Identifier (LCID) of a DownLink Shared Channel (DL-SCH) wherein the reserved index is used for indicating whether the first indication information is comprised in the MAC CE format; wherein the transceiver is further configured to: receive a second type of MAC CE, the second type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a second data radio bearer (DRB), wherein the second type of MAC CE is used for indicating a data behavior between the first PDCP entity corresponding to the second DRB and at least three RLC entities.
2. The terminal device of claim 1, wherein the plurality of RLC entities comprise at least two of following RLC entities: a first RLC entity, a second RLC entity, a third RLC entity and a fourth RLC entity; wherein the first indication information is used for indicating a data behavior between the first PDCP entity and at least one RLC entity among the first RLC entity, the second RLC entity, the third RLC entity, and the fourth RLC entity.
3. The terminal device of claim 1, wherein the transceiver is further configured to: receive a Radio Resource Control (RRC) signaling, wherein the RRC signaling comprises information for indicating an initial state of duplication data of the first PDCP entity.
4. The terminal device of claim 1, wherein the processor is configured to report capability information of the terminal device, wherein the capability information comprises whether the first PDCP entity supports a behavior of transmitting data with at least three RLC entities, wherein the capability information further comprises: a quantity of RLC entities capable of implementing a behavior of data transmission with the first PDCP entity.
6. The terminal device of claim 1, wherein when the terminal device receives a MAC CE through an MAC entity, if the MAC CE is used for indicating to activate a data behavior between the RLC entity and a PDCP entity corresponding to a DRB, the terminal device indicates a state of duplication data of the PDCP entity corresponding to the DRB to a higher layer through the MAC entity, wherein when the terminal device receives the MAC CE through the MAC entity, if the MAC CE is used for indicating to deactivate a data behavior between the RLC entity and a PDCP entity corresponding to the DRB, the terminal device indicates a state of duplication data of the PDCP entity corresponding to the DRB to a higher layer through the MAC entity.
Similarly, all other independent/dependent claims of the instant application (Application No. 18/668,930 ) are rejected on the ground of nonstatutory double patenting as being unpatentable over combinations of independent/dependent claims of U.S. Patent No. US 11,991,556 B2. Although those claims at issue are not identical, they are not patentably distinct from each other because combination of those independent/dependent claims are “anticipated by” the combination of independent/dependent claims of U.S. Patent No. US 11,991,556 B2.
Claim Rejections - 35 USC § 103
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.
In 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 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 6-10, 18 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (2021/0297899), Baek hereinafter, in view of 3GPP TSG-RAN WG2#101; R2-1802149; Source: CATT; Title: Duplication activation/deactivation MAC CE; Athens, Greece, 26thFebruary-2ndMarch 2018, R2-1802149-CATT hereinafter, further in view of Xu et al. (2020/0367091), Xu hereinafter.
Re. claims 1 and 18, Baek teaches a method for indicating a state of Packet Data Convergence Protocol (PDCP) duplication data (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0041/¶0065-¶0066/¶0085-¶0086/¶0088/¶0090), wherein the method is applied to a terminal device (Fig. 13), the terminal device has a first PDCP entity corresponding to a Data Radio Bearer (DRB) and a plurality of Radio Link Control (RLC) entities corresponding to the first PDCP entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0041 - the determining of whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission may include: receiving information indicating packet duplication activation or deactivation for the plurality of RLC entities through a medium access control control element (MAC CE) from the base station; and determining whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission, based on the information indicating the packet duplication activation or deactivation. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0065 - Referring to FIG. 1, in a radio bearer structure according to an embodiment, four RLC entities of RLC1 1a-20, RLC2 1a-30, RLC3 1a-40, and RLC4 1a-50 are connected to a packet data convergence protocol (PDCP) entity PDCP1 1a-10 to support a plurality of paths. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0066 - radio bearer including the PDCP entity PDCP1 1a-10 may be a data radio bearer (DRB) or a signaling radio bearer (SRB). Also, see ¶0085-¶0086/¶0088), the plurality of RLC entities comprise a first RLC entity, a second RLC entity, a third RLC entity and a fourth RLC entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0065 - Referring to FIG. 1, in a radio bearer structure according to an embodiment, four RLC entities of RLC1 1a-20, RLC2 1a-30, RLC3 1a-40, and RLC4 1a-50 are connected to a packet data convergence protocol (PDCP) entity PDCP1 1a-10 to support a plurality of paths. Fig. 1-3/Fig. 13 & ¶0066 - radio bearer including the PDCP entity PDCP1 1a-10 may be a data radio bearer (DRB) or a signaling radio bearer (SRB)), and a terminal device (Fig. 13), having a first Packet Data Convergence Protocol (PDCP) entity corresponding to a Data Radio Bearer (DRB) and a plurality of Radio Link Control (RLC) entities corresponding to the first PDCP entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0041 - the determining of whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission may include: receiving information indicating packet duplication activation or deactivation for the plurality of RLC entities through a medium access control control element (MAC CE) from the base station; and determining whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission, based on the information indicating the packet duplication activation or deactivation. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0065 - Referring to FIG. 1, in a radio bearer structure according to an embodiment, four RLC entities of RLC1 1a-20, RLC2 1a-30, RLC3 1a-40, and RLC4 1a-50 are connected to a packet data convergence protocol (PDCP) entity PDCP1 1a-10 to support a plurality of paths. Fig. 1-3/Fig. 13 & ¶0066 - radio bearer including the PDCP entity PDCP1 1a-10 may be a data radio bearer (DRB) or a signaling radio bearer (SRB), and comprising: a processor (Fig. 13, 1m-30) and a transceiver (Fig. 13, 1m-10), wherein the plurality of RLC entities comprise a first RLC entity, a second RLC entity, a third RLC entity and a fourth RLC entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0065 - Referring to FIG. 1, in a radio bearer structure according to an embodiment, four RLC entities of RLC1 1a-20, RLC2 1a-30, RLC3 1a-40, and RLC4 1a-50 are connected to a packet data convergence protocol (PDCP) entity PDCP1 1a-10 to support a plurality of paths. Fig. 1-3/Fig. 13 & ¶0066 - radio bearer including the PDCP entity PDCP1 1a-10 may be a data radio bearer (DRB) or a signaling radio bearer (SRB)), wherein the transceiver is configured to receive, through a Media Access Control (MAC) entity, an MAC Control Element (CE) comprising first indication information, wherein the first indication information is used for indicating activating and/or deactivating (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0041 - determining of whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission may include: receiving information indicating packet duplication activation or deactivation for the plurality of RLC entities through a medium access control control element (MAC CE) from the base station; and determining whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission, based on the information indicating the packet duplication activation or deactivation. Also, see ¶0088), a first data behavior between the first PDCP entity corresponding to the DRB and the first RLC entity each of the plurality of RLC entities (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0085 - In operation 1e-10, a base station may transmit a packet duplication activation/deactivation message to a UE. At this time, messages having the same format may be used for both activation and deactivation, and activation and deactivation of packet duplication may be distinguished by values included in the messages. The packet duplication activation/deactivation message may indicate a radio bearer for which packet duplication will be activated or deactivated. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0086 - In operation 1e-20, after the UE receives the packet duplication activation/deactivation message, the UE may activate or deactivate packet duplication according to an indication included in the packet duplication activation/deactivation message. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation. Also, the 8 bitmaps may indicate packet duplication activation and deactivation states for a maximum of 8 radio bearers. Bearers indicated respectively by bits D.sub.0 1f-10 to D.sub.7 1f-80 may be applied by a preset method. According to an embodiment, the bits may be applied by ascending order of DRB IDs of radio bearers for which RLC entities exist and packet duplication has been set, by a MAC entity that has transmitted the MAC CE. Fig. 7 & ¶0090 - Referring to FIG. 7, the packet duplication activation/deactivation message may have a MAC CE format. …., the packet duplication activation/deactivation message may include a DRB index 1g-10 and Li (i=1, 2, 3, 4, 5) fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 corresponding to RLC entities. Fig. 7 & ¶0095 - The Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may represent the respective RLC entities, and each of the Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may set whether to use the corresponding RLC entity for packet duplication transmission according to its bit value), a second data behavior between the first PDCP entity corresponding to the DRB and the second RLC entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation. Also, the 8 bitmaps may indicate packet duplication activation and deactivation states for a maximum of 8 radio bearers. Bearers indicated respectively by bits D.sub.0 1f-10 to D.sub.7 1f-80 may be applied by a preset method. According to an embodiment, the bits may be applied by ascending order of DRB IDs of radio bearers for which RLC entities exist and packet duplication has been set, by a MAC entity that has transmitted the MAC CE. Fig. 7 & ¶0090 - Referring to FIG. 7, the packet duplication activation/deactivation message may have a MAC CE format. …., the packet duplication activation/deactivation message may include a DRB index 1g-10 and Li (i=1, 2, 3, 4, 5) fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 corresponding to RLC entities. Fig. 7 & ¶0095 - The Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may represent the respective RLC entities, and each of the Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may set whether to use the corresponding RLC entity for packet duplication transmission according to its bit value), and a third data behavior between the first PDCP entity corresponding to the DRB and the third RLC entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation. Also, the 8 bitmaps may indicate packet duplication activation and deactivation states for a maximum of 8 radio bearers. Bearers indicated respectively by bits D.sub.0 1f-10 to D.sub.7 1f-80 may be applied by a preset method. According to an embodiment, the bits may be applied by ascending order of DRB IDs of radio bearers for which RLC entities exist and packet duplication has been set, by a MAC entity that has transmitted the MAC CE. Fig. 7 & ¶0090 - Referring to FIG. 7, the packet duplication activation/deactivation message may have a MAC CE format. …., the packet duplication activation/deactivation message may include a DRB index 1g-10 and Li (i=1, 2, 3, 4, 5) fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 corresponding to RLC entities. Fig. 7 & ¶0095 - The Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may represent the respective RLC entities, and each of the Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may set whether to use the corresponding RLC entity for packet duplication transmission according to its bit value),
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Yet, Baek does not expressly teach wherein activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different; and the processor is configured to indicate, through the MAC entity, a state of duplication data between the first PDCP entity corresponding to the DRB and each of the plurality of RLC entities to a higher layer.
However, in the analogous art, R2-1802149-CATT explicitly discloses wherein activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different; (See Option 1: unified duplication activation/deactivation MAC CEs in MCG and SCG along with Fig. 4 & Option 2: separate duplication activation/deactivation MAC CEs in MCG and SCG along with Fig. 6 as shown below)
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system to include R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system, because it provides an efficient mechanism for a user equipment (UE), when the UE is connected to both MCG (Master Cell group) and SCG (Secondary cell group) of a plurality of network nodes, UE maintains two separate duplication activation/deactivation MAC CEs from MCG and SCG with each MAC-CE bitmap indicating duplicate DRBs (Data Radio bearer) in the corresponding network node of the plurality of network nodes operating in the wireless communication system. (§2-§3, R2-1802149-CATT)
Yet, Baek and R2-1802149-CATT do not expressly teach the processor is configured to indicate, through the MAC entity, a state of duplication data between the first PDCP entity corresponding to the DRB and each of the plurality of RLC entities to a higher layer.
However, in the analogous art, Xu explicitly discloses the processor (Fig. 8, 800) is configured to indicate, through the MAC entity, a state of duplication data between the first PDCP entity corresponding to the DRB and each of the plurality of RLC entities to a higher layer (Fig. 1-4 & ¶0004 - bearer mapping (see, also ¶0188-¶0189/¶0228-¶0232) method and a device thereof, a base station and a terminal are provided in the present disclosure, so as to solve how to unify the mapping relationship between the bitmap of the MAC CE of the duplication activation/deactivation at the network side and that at the terminal side. Fig. 1-4 & ¶0009 - a terminal to sort the bearer IDs according to a preset sorting rule, to obtain a bearer ID sequence, and indicating a mapping relationship between each of the bearer IDs (see, also ¶0188-¶0189) in the bearer ID sequence and the bitmap in the MAC CE. Fig. 1-4 & ¶0134 - Step 101: indicating, in an implicit or explicit manner, a mapping relationship between a bearer ID (see, also ¶0188-¶0189/¶0228-¶0232) and a bitmap in a media access control layer control element (MAC CE), where the MAC CE is a control element for a duplication activation indication or deactivation indication, and the bearer ID is an ID of a bearer configured with a duplication function. Fig. 1-4 & ¶0135 - MAC layer controls, in the form of MAC CE, the activation or deactivation of the duplication function of the bearer data packet. Specifically, the MAC layer carries, in the MAC CE, a bitmap indicating whether the bearer is activated or deactivated. The bits in the bitmap are in a one-to-one correspondence to the bearers configured with the duplication function. The UE side can determine, according to the “0” or “1” bit in the bitmap carried by the network side MAC CE, whether the corresponding duplication data packet of the bearer at the corresponding position need to be activated or deactivated, and inform the high layer of the result. The Packet Data Convergence Protocol (PDCP) layer may determine, based on the activated or deactivated state, the use and status of the corresponding radio link control RLC entity and the logical channel. Fig. 1-4 & ¶0184 - in the process of establishing a bearer at a high layer, a new IE plaintext is added to indicate the index position of the bearer. The bearer ID and the index position are arranged in a one-to-one correspondence, the correspondence is assigned by the high layer, and the sequence is maintained by the high layer and the MAC. Also, see ¶0188-¶0189/¶0196/¶0228-¶0232).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system to include Xu’s invention of a method and apparatus for bearer mapping in a wireless communication system, because it provides an efficient mechanism for unifying a mapping relationship between a bitmap of MAC-CE (medium access control-control element ) of duplication activation/deactivation at a network side and that at a terminal side operating in the wireless communication system. (¶0004, Xu)
Re. Claim 6, Baek, R2-1802149-CATT and Xu teach claim 1.
Baek also teaches wherein transceiver is further configured to: receive the MAC CE which comprises first indication information and is sent by a first network device, wherein the first indication information is used for indicating a data behavior between the first PDCP entity corresponding to the DRB and an RLC entity corresponding to the second network device, and/or the first indication information is used for indicating a data behavior between the first PDCP entity corresponding to the DRB and an RLC entity corresponding to the first network device (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0085 - In operation 1e-10, a base station may transmit a packet duplication activation/deactivation message to a UE. At this time, messages having the same format may be used for both activation and deactivation, and activation and deactivation of packet duplication may be distinguished by values included in the messages. The packet duplication activation/deactivation message may indicate a radio bearer for which packet duplication will be activated or deactivated. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0086 - In operation 1e-20, after the UE receives the packet duplication activation/deactivation message, the UE may activate or deactivate packet duplication according to an indication included in the packet duplication activation/deactivation message. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation. Also, the 8 bitmaps may indicate packet duplication activation and deactivation states for a maximum of 8 radio bearers. Bearers indicated respectively by bits D.sub.0 1f-10 to D.sub.7 1f-80 may be applied by a preset method. According to an embodiment, the bits may be applied by ascending order of DRB IDs of radio bearers for which RLC entities exist and packet duplication has been set, by a MAC entity that has transmitted the MAC CE. Fig. 7 & ¶0090 - Referring to FIG. 7, the packet duplication activation/deactivation message may have a MAC CE format. …., the packet duplication activation/deactivation message may include a DRB index 1g-10 and Li (i=1, 2, 3, 4, 5) fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 corresponding to RLC entities. Fig. 7 & ¶0095 - The Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may represent the respective RLC entities, and each of the Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may set whether to use the corresponding RLC entity for packet duplication transmission according to its bit value. Examiner interprets that only one of the claimed features to be mapped of the limitation, because of the presence of “and/or”).
Re. Claims 7 and 23, Baek, R2-1802149-CATT and Xu teach claims 1 and 18.
Baek also teaches wherein the processor is further configured to: report capability information of the terminal device, wherein the capability information comprises whether the first PDCP entity corresponding to the DRB supports a behavior of transmitting data with at least three RLC entities, wherein the capability information further comprises: a quantity of RLC entities capable of implementing a behavior of data transmission with the first PDCP entity corresponding to the DRB. (Fig. 11 & ¶0131: ¶0134 - UE may inform a base station of whether the UE supports a packet duplication transmission function. At this time, the UE may include information about whether a packet duplication transmission function is supported in a UE capability message 1k-10. Also, the UE capability message 1k-10 may include at least one piece of information related to packet duplication transmission of the UE. The information may be as follows. a maximum number of RLC entities capable of performing packet duplication in a single radio bearer. .. a maximum number of RLC entities capable of being set in a single radio bearer. …. whether packet duplication transmission using three RLC entities or more is supportable).
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Re. Claim 8, Baek, R2-1802149-CATT and Xu teach claim 1.
Yet, Baek does not expressly teach wherein the transceiver is specifically configured to: receive a first type of MAC CE or a second type of MAC CE; wherein the first type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a first Data Radio Bearer (DRB) , and the second type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a second DRB, wherein the first DRB and the second DRB are different.
However, in the analogous art, R2-1802149-CATT explicitly discloses wherein the transceiver is specifically configured to: receive a first type of MAC CE or a second type of MAC CE; wherein the first type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a first Data Radio Bearer (DRB) , and the second type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a second DRB, wherein the first DRB and the second DRB are different. (Option 2 <See Fig.6 as reproduced next>: separate duplication activation/deactivation MAC CEs in MCG and SCG. In option 2, gNB and UE construct/interpret the duplication activation/deactivation MAC CE according to the duplicate DRBs within the link between the gNB and UE. UE maintains two duplication activation/deactivation MAC CEs (different bitmaps) from different NW nodes. Note Option 2 also respects the agreement that “mapping between DRB and the MAC bitmap is based on order of DRB ID(s) of the duplicate configured DRB(s)”, with the addition that it is restricted to the DRB ID(s) of the duplicate configured DRB(s) in each CG. In option 2, UE should maintain two duplication activation/deactivation MAC CEs and identify the MAC CE format based on the NW node transmitting the MAC CE. Since there are two separate MAC entities in the DC case and UE should maintain the two MAC entities simultaneously,
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and Xu’s invention of a method and apparatus for bearer mapping in a wireless communication system to include R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system, because it provides an efficient mechanism for a user equipment (UE), when the UE is connected to both MCG (Master Cell group) and SCG (Secondary cell group) of a plurality of network nodes, UE maintains two separate duplication activation/deactivation MAC CEs from MCG and SCG with each MAC-CE bitmap indicating duplicate DRBs (Data Radio bearer) in the corresponding network node of the plurality of network nodes operating in the wireless communication system. (§2-§3, R2-1802149-CATT)
Re. Claim 9, Baek, R2-1802149-CATT and Xu teach claim 8.
Yet, Baek does not expressly teach wherein the first type of MAC CE and the second type of MAC CE are different.
However, in the analogous art, R2-1802149-CATT explicitly discloses wherein the first type of MAC CE and the second type of MAC CE are different. (Option 2 <See Fig.6 as reproduced next>: separate duplication activation/deactivation MAC CEs in MCG and SCG. In option 2, gNB and UE construct/interpret the duplication activation/deactivation MAC CE according to the duplicate DRBs within the link between the gNB and UE. UE maintains two duplication activation/deactivation MAC CEs (different bitmaps) from different NW nodes. Note Option 2 also respects the agreement that “mapping between DRB and the MAC bitmap is based on order of DRB ID(s) of the duplicate configured DRB(s)”, with the addition that it is restricted to the DRB ID(s) of the duplicate configured DRB(s) in each CG. In option 2, UE should maintain two duplication activation/deactivation MAC CEs and identify the MAC CE format based on the NW node transmitting the MAC CE. Since there are two separate MAC entities in the DC case and UE should maintain the two MAC entities simultaneously,
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and Xu’s invention of a method and apparatus for bearer mapping in a wireless communication system to include R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system, because it provides an efficient mechanism for a user equipment (UE), when the UE is connected to both MCG (Master Cell group) and SCG (Secondary cell group) of a plurality of network nodes, UE maintains two separate duplication activation/deactivation MAC CEs from MCG and SCG with each MAC-CE bitmap indicating duplicate DRBs (Data Radio bearer) in the corresponding network node of the plurality of network nodes operating in the wireless communication system. (§2-§3, R2-1802149-CATT)
Re. Claim 10, Baek, R2-1802149-CATT and Xu teach claim 8.
Yet, Baek does not expressly teach wherein the first type of MAC CE is used for indicating a data behavior between the first PDCP entity corresponding to the first DRB and two RLC entities, the second type of MAC CE is used for indicating a data behavior between the first PDCP entity corresponding to the second DRB and at least three RLC entities.
However, in the analogous art, R2-1802149-CATT explicitly discloses wherein the first type of MAC CE is used for indicating a data behavior between the first PDCP entity corresponding to the first DRB and two RLC entities, the second type of MAC CE is used for indicating a data behavior between the first PDCP entity corresponding to the second DRB and at least three RLC entities. (Option 2 <See Fig.6 as reproduced next>: separate duplication activation/deactivation MAC CEs in MCG and SCG. In option 2, gNB and UE construct/interpret the duplication activation/deactivation MAC CE according to the duplicate DRBs within the link between the gNB and UE. UE maintains two duplication activation/deactivation MAC CEs (different bitmaps) from different NW nodes. Note Option 2 also respects the agreement that “mapping between DRB and the MAC bitmap is based on order of DRB ID(s) of the duplicate configured DRB(s)”, with the addition that it is restricted to the DRB ID(s) of the duplicate configured DRB(s) in each CG. In option 2, UE should maintain two duplication activation/deactivation MAC CEs and identify the MAC CE format based on the NW node transmitting the MAC CE. Since there are two separate MAC entities in the DC case and UE should maintain the two MAC entities simultaneously,
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and Xu’s invention of a method and apparatus for bearer mapping in a wireless communication system to include R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system, because it provides an efficient mechanism for a user equipment (UE), when the UE is connected to both MCG (Master Cell group) and SCG (Secondary cell group) of a plurality of network nodes, UE maintains two separate duplication activation/deactivation MAC CEs from MCG and SCG with each MAC-CE bitmap indicating duplicate DRBs (Data Radio bearer) in the corresponding network node of the plurality of network nodes operating in the wireless communication system. (§2-§3, R2-1802149-CATT)
Claims 3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Baek, in view of R2-1802149-CATT, in view of Xu , further in view of 3GPP TSG RAN WG2 NR Ad Hoc; R2-1706716; Source: Huawei, HiSilicon; Title: Configuration and control of packet duplication; Qingdao, China, 27th - 29th June 2017, R2-1706716- Huawei , hereinafter.
Re. Claims 3 and 20, Baek, R2-1802149-CATT and Xu teach claims 1 and 18.
Yet, Baek, R2-1802149-CATT and Xu do not expressly teach receive a Radio Resource Control (RRC) signaling, wherein the RRC signaling comprises information for indicating an initial state of duplication data of the first PDCP entity corresponding to the DRB.
However, in the analogous art, R2-1706716- Huawei explicitly discloses receive a Radio Resource Control (RRC) signaling, wherein the RRC signaling comprises information for indicating an initial state of duplication data of the first PDCP entity corresponding to the DRB. (§2.4 - Solution 1: The initial state (activated or deactivated) is configurable by RRC signalling. In case duplication is not active, the two legs are decoupled from the associated carriers. And it is UE implementation to choose one of the legs for data transmission.
For this solution, when configuring the duplication per DRB or SRB, the gNB can add an indication (e.g. a packet duplication flag) to the RRC signalling to inform the UE whether the state of UL duplication is active. If the initial state of packet duplication is not active, the two legs should be decoupled from the associated carriers. And one of the two legs should be used for data transmission by UE implementation.).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system and Xu’s invention of a method and apparatus for bearer mapping in a wireless communication system to include R2-1706716- Huawei’s invention of Configuration and control of packet duplication in a wireless communication system, because it enables a Radio Access Network (RAN) in making selection for an efficient and effective solution for initial state of duplication in both DC (Dual Connectivity) and CA (Carrier Aggregation) operations, in turns, improves reliability for radio bearer which requires packet duplication for operating in the wireless communication system. (§2.4, R2-1706716- Huawei)
Claims 4-5 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Baek, in view of R2-1802149-CATT, in view of Xu, further in view of Sun et al. (2021/0022205), Sun, hereinafter.
Re. Claims 4 and 21, Baek, R2-1802149-CATT and Xu teach claims 1 and 18.
Yet, Baek, R2-1802149-CATT and Xu do not expressly teach wherein the transceiver is further configured to: receive second indication information, wherein the second indication information is used for indicating whether the MAC CE is an MAC CE comprising the first indication information.
However, in the analogous art, Sun explicitly discloses wherein the transceiver is further configured to: receive second indication information, wherein the second indication information is used for indicating whether the MAC CE is an MAC CE comprising the first indication information. (See ¶0066 & Table 3 as shown below.)
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system and Xu’s invention of a method and apparatus for bearer mapping in a wireless communication system to include Sun’s invention of Media Access Control (MAC) Protocol Data Unit (PDU) transmission method and a MAC PDU transmission apparatus in a wireless communication system, because it provides an efficient mechanism for identifying an expanded MAC CE (medium access control-control element ) type in a MAC PDU for a transmitting/receiving device operating in the wireless communication system. (¶0002-¶0006, Sun)
Re. Claims 5 and 22, Baek, R2-1802149-CATT, Xu and Sun teach claims 3 and 21.
Yet, Baek, R2-1802149-CATT and Xu do not expressly teach receive a reserved index in a Logical Channel Identifier (LCID) of a DownLink Shared Channel (DL-SCH), wherein the reserved index is used for indicating whether the MAC CE is the MAC CE comprising the first indication information.
However, in the analogous art, Sun explicitly discloses receive a reserved index in a Logical Channel Identifier (LCID) of a DownLink Shared Channel (DL-SCH), wherein the reserved index is used for indicating whether the MAC CE is the MAC CE comprising the first indication information. (
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)
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system and Xu’s invention of a method and apparatus for bearer mapping in a wireless communication system to include Sun’s invention of Media Access Control (MAC) Protocol Data Unit (PDU) transmission method and a MAC PDU transmission apparatus in a wireless communication system, because it provides an efficient mechanism for identifying an expanded MAC CE (medium access control-control element ) type in a MAC PDU for a transmitting/receiving device operating in the wireless communication system. (¶0002-¶0006, Sun)
Claims 13, 17, 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Baek, in view of R2-1802149-CATT.
Re. claim 13, Baek teaches a network device (Fig. 14), a processor (Fig. 14, 1n-30) and a transceiver (Fig. 14, 1n-10), wherein the processor is configured to generate a Media Access Control (MAC) Control Element (CE) comprising first indication information (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0041 - the determining of whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission may include: receiving information indicating packet duplication activation or deactivation for the plurality of RLC entities through a medium access control control element (MAC CE) from the base station; and determining whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission, based on the information indicating the packet duplication activation or deactivation. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0073 - when the four RLC entities 1b-20, 1b-30, 1b-40, and 1b-50 have been configured in the radio bearer, the transmitter PDCP entity 1b-10 may generate four duplicated packets for one packet and transmit the four duplicated packets to the four RLC entities 1b-20, 1b-30, 1b-40, and 1b-50, respectively. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0085 - In operation 1e-10, a base station may transmit a packet duplication activation/deactivation message to a UE. At this time, messages having the same format may be used for both activation and deactivation, and activation and deactivation of packet duplication may be distinguished by values included in the messages. The packet duplication activation/deactivation message may indicate a radio bearer for which packet duplication will be activated or deactivated. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation), wherein the first indication information is used for indicating activating and/or deactivating a first data behavior between a first Packet Data Convergence Protocol (PDCP) entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0041 - the determining of whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission may include: receiving information indicating packet duplication activation or deactivation for the plurality of RLC entities through a medium access control control element (MAC CE) from the base station; and determining whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission, based on the information indicating the packet duplication activation or deactivation. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0065 - Referring to FIG. 1, in a radio bearer structure according to an embodiment, four RLC entities of RLC1 1a-20, RLC2 1a-30, RLC3 1a-40, and RLC4 1a-50 are connected to a packet data convergence protocol (PDCP) entity PDCP1 1a-10 to support a plurality of paths. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0066 - radio bearer including the PDCP entity PDCP1 1a-10 may be a data radio bearer (DRB) or a signaling radio bearer (SRB). Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0085 - In operation 1e-10, a base station may transmit a packet duplication activation/deactivation message to a UE. At this time, messages having the same format may be used for both activation and deactivation, and activation and deactivation of packet duplication may be distinguished by values included in the messages. The packet duplication activation/deactivation message may indicate a radio bearer for which packet duplication will be activated or deactivated. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0086 - In operation 1e-20, after the UE receives the packet duplication activation/deactivation message, the UE may activate or deactivate packet duplication according to an indication included in the packet duplication activation/deactivation message. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation. Also, the 8 bitmaps may indicate packet duplication activation and deactivation states for a maximum of 8 radio bearers. Bearers indicated respectively by bits D.sub.0 1f-10 to D.sub.7 1f-80 may be applied by a preset method. According to an embodiment, the bits may be applied by ascending order of DRB IDs of radio bearers for which RLC entities exist and packet duplication has been set, by a MAC entity that has transmitted the MAC CE. Fig. 7 & ¶0090 - Referring to FIG. 7, the packet duplication activation/deactivation message may have a MAC CE format. …., the packet duplication activation/deactivation message may include a DRB index 1g-10 and Li (i=1, 2, 3, 4, 5) fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 corresponding to RLC entities. Fig. 7 & ¶0095 - The Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may represent the respective RLC entities, and each of the Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may set whether to use the corresponding RLC entity for packet duplication transmission according to its bit value), which corresponds to a Data Radio Bearer (DRB), of a terminal device and a first Radio Link Control (RLC) entity corresponding to the first PDCP entity, (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0041 - the determining of whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission may include: receiving information indicating packet duplication activation or deactivation for the plurality of RLC entities through a medium access control control element (MAC CE) from the base station; and determining whether each of the plurality of RLC entities is configured to be used for uplink packet duplication transmission, based on the information indicating the packet duplication activation or deactivation. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0065 - Referring to FIG. 1, in a radio bearer structure according to an embodiment, four RLC entities of RLC1 1a-20, RLC2 1a-30, RLC3 1a-40, and RLC4 1a-50 are connected to a packet data convergence protocol (PDCP) entity PDCP1 1a-10 to support a plurality of paths. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0066 - radio bearer including the PDCP entity PDCP1 1a-10 may be a data radio bearer (DRB) or a signaling radio bearer (SRB). Also, see ¶0085-¶0086/¶0088) a second data behavior between the first PDCP entity and a second RLC entity corresponding to the first PDCP entity ((Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation. Also, the 8 bitmaps may indicate packet duplication activation and deactivation states for a maximum of 8 radio bearers. Bearers indicated respectively by bits D.sub.0 1f-10 to D.sub.7 1f-80 may be applied by a preset method. According to an embodiment, the bits may be applied by ascending order of DRB IDs of radio bearers for which RLC entities exist and packet duplication has been set, by a MAC entity that has transmitted the MAC CE. Fig. 7 & ¶0090 - Referring to FIG. 7, the packet duplication activation/deactivation message may have a MAC CE format. …., the packet duplication activation/deactivation message may include a DRB index 1g-10 and Li (i=1, 2, 3, 4, 5) fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 corresponding to RLC entities. Fig. 7 & ¶0095 - The Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may represent the respective RLC entities, and each of the Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may set whether to use the corresponding RLC entity for packet duplication transmission according to its bit value),
and a third data behavior between the first PDCP entity and a third RLC entity corresponding to the first PDCP entity ((Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0088 - the packet duplication activation/deactivation message may have a medium access control control element (MAC CE) format configured with 1 byte, in other words, 8 bitmaps. A bit of each bitmap may indicate activation and deactivation states of packet duplication transmission for a specific radio bearer, wherein 1 represents activation and 0 represents deactivation. Also, the 8 bitmaps may indicate packet duplication activation and deactivation states for a maximum of 8 radio bearers. Bearers indicated respectively by bits D.sub.0 1f-10 to D.sub.7 1f-80 may be applied by a preset method. According to an embodiment, the bits may be applied by ascending order of DRB IDs of radio bearers for which RLC entities exist and packet duplication has been set, by a MAC entity that has transmitted the MAC CE. Fig. 7 & ¶0090 - Referring to FIG. 7, the packet duplication activation/deactivation message may have a MAC CE format. …., the packet duplication activation/deactivation message may include a DRB index 1g-10 and Li (i=1, 2, 3, 4, 5) fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 corresponding to RLC entities. Fig. 7 & ¶0095 - The Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may represent the respective RLC entities, and each of the Li fields 1g-20,1g-30,1g-40,1g-50, and 1g-60 may set whether to use the corresponding RLC entity for packet duplication transmission according to its bit value), wherein a plurality of RLC entities corresponding to the first PDCP entity comprise the first RLC entity, the second RLC entity, the third RLC entity and a fourth RLC entity (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0065 - Referring to FIG. 1, in a radio bearer structure according to an embodiment, four RLC entities of RLC1 1a-20, RLC2 1a-30, RLC3 1a-40, and RLC4 1a-50 are connected to a packet data convergence protocol (PDCP) entity PDCP1 1a-10 to support a plurality of paths. Fig. 1-3/Fig. 13 & ¶0066 - radio bearer including the PDCP entity PDCP1 1a-10 may be a data radio bearer (DRB), and the transceiver is configured to send the MAC CE comprising the first indication information to the terminal device (Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0085 - In operation 1e-10, a base station may transmit a packet duplication activation/deactivation message to a UE. At this time, messages having the same format may be used for both activation and deactivation, and activation and deactivation of packet duplication may be distinguished by values included in the messages. The packet duplication activation/deactivation message may indicate a radio bearer for which packet duplication will be activated or deactivated. Fig. 1-3/Fig. 5-7/Fig. 13 & ¶0086 - In operation 1e-20, after the UE receives the packet duplication activation/deactivation message, the UE may activate or deactivate packet duplication according to an indication included in the packet duplication activation/deactivation message.).
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Yet, Baek does not expressly teach activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different;
However, in the analogous art, R2-1802149-CATT explicitly discloses activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different; (See Option 1: unified duplication activation/deactivation MAC CEs in MCG and SCG along with Fig. 4 & Option 2: separate duplication activation/deactivation MAC CEs in MCG and SCG along with Fig. 6 as shown next)
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system to include R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system, because it provides an efficient mechanism for a user equipment (UE), when the UE is connected to both MCG (Master Cell group) and SCG (Secondary cell group) of a plurality of network nodes, UE maintains two separate duplication activation/deactivation MAC CEs from MCG and SCG with each MAC-CE bitmap indicating duplicate DRBs (Data Radio bearer) in the corresponding network node of the plurality of network nodes operating in the wireless communication system. (§2-§3, R2-1802149-CATT)
Re. Claim 17, Baek and R2-1802149-CATT teach claim 13.
Baek also teaches wherein the processor is further configured to: receive capability information of the terminal device reported by the terminal device, wherein the capability information comprises whether the first PDCP entity corresponding to the DRB supports a behavior of transmitting data with at least three RLC entities. (Fig. 11 & ¶0131: ¶0134 - UE may inform a base station of whether the UE supports a packet duplication transmission function. At this time, the UE may include information about whether a packet duplication transmission function is supported in a UE capability message 1k-10. Also, the UE capability message 1k-10 may include at least one piece of information related to packet duplication transmission of the UE. The information may be as follows. a maximum number of RLC entities capable of performing packet duplication in a single radio bearer. .. a maximum number of RLC entities capable of being set in a single radio bearer. …. whether packet duplication transmission using three RLC entities or more is supportable).
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Re. Claim 24, Baek and R2-1802149-CATT teach claim 13.
Yet, Baek does not expressly teach wherein the transceiver is specifically configured to: send a first type of MAC CE or a second type of MAC CE to the terminal device, wherein the first type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a first DRB, and the second type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a second DRB, wherein the first DRB and the second DRB are different.
However, in the analogous art, R2-1802149-CATT explicitly discloses wherein the transceiver is specifically configured to: send a first type of MAC CE or a second type of MAC CE to the terminal device, wherein the first type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a first DRB, and the second type of MAC CE is used for indicating a data behavior between an RLC entity and the first PDCP entity corresponding to a second DRB, wherein the first DRB and the second DRB are different. (Option 2 <See Fig.6 as reproduced next>: separate duplication activation/deactivation MAC CEs in MCG and SCG. In option 2, gNB and UE construct/interpret the duplication activation/deactivation MAC CE according to the duplicate DRBs within the link between the gNB and UE. UE maintains two duplication activation/deactivation MAC CEs (different bitmaps) from different NW nodes. Note Option 2 also respects the agreement that “mapping between DRB and the MAC bitmap is based on order of DRB ID(s) of the duplicate configured DRB(s)”, with the addition that it is restricted to the DRB ID(s) of the duplicate configured DRB(s) in each CG. In option 2, UE should maintain two duplication activation/deactivation MAC CEs and identify the MAC CE format based on the NW node transmitting the MAC CE. Since there are two separate MAC entities in the DC case and UE should maintain the two MAC entities simultaneously,
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system to include R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system, because it provides an efficient mechanism for a user equipment (UE), when the UE is connected to both MCG (Master Cell group) and SCG (Secondary cell group) of a plurality of network nodes, UE maintains two separate duplication activation/deactivation MAC CEs from MCG and SCG with each MAC-CE bitmap indicating duplicate DRBs (Data Radio bearer) in the corresponding network node of the plurality of network nodes operating in the wireless communication system. (§2-§3, R2-1802149-CATT)
Re. Claim 25, Baek and R2-1802149-CATT teach claim 13.
Yet, Baek does not expressly teach wherein the first type of MAC CE and the second type of MAC CE are different.
However, in the analogous art, R2-1802149-CATT explicitly discloses wherein the first type of MAC CE and the second type of MAC CE are different. (Option 2 <See Fig.6 as reproduced next>: separate duplication activation/deactivation MAC CEs in MCG and SCG. In option 2, gNB and UE construct/interpret the duplication activation/deactivation MAC CE according to the duplicate DRBs within the link between the gNB and UE. UE maintains two duplication activation/deactivation MAC CEs (different bitmaps) from different NW nodes. Note Option 2 also respects the agreement that “mapping between DRB and the MAC bitmap is based on order of DRB ID(s) of the duplicate configured DRB(s)”, with the addition that it is restricted to the DRB ID(s) of the duplicate configured DRB(s) in each CG. In option 2, UE should maintain two duplication activation/deactivation MAC CEs and identify the MAC CE format based on the NW node transmitting the MAC CE. Since there are two separate MAC entities in the DC case and UE should maintain the two MAC entities simultaneously,
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system to include R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system, because it provides an efficient mechanism for a user equipment (UE), when the UE is connected to both MCG (Master Cell group) and SCG (Secondary cell group) of a plurality of network nodes, UE maintains two separate duplication activation/deactivation MAC CEs from MCG and SCG with each MAC-CE bitmap indicating duplicate DRBs (Data Radio bearer) in the corresponding network node of the plurality of network nodes operating in the wireless communication system. (§2-§3, R2-1802149-CATT)
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Baek, in view of R2-1802149-CATT, further in view of R2-1706716- Huawei.
Re. Claim 15, Baek and R2-1802149-CATT claim 13.
Yet, Baek and R2-1802149-CATT do not expressly teach send a Radio Resource Control (RRC) signaling to the terminal device, wherein the RRC signaling comprises information for indicating an initial state of duplication data of the first PDCP entity corresponding to the DRB.
However, in the analogous art, R2-1706716- Huawei explicitly discloses send a Radio Resource Control (RRC) signaling to the terminal device, wherein the RRC signaling comprises information for indicating an initial state of duplication data of the first PDCP entity corresponding to the DRB. ((§2.4 - Solution 1: The initial state (activated or deactivated) is configurable by RRC signalling. In case duplication is not active, the two legs are decoupled from the associated carriers. And it is UE implementation to choose one of the legs for data transmission.
For this solution, when configuring the duplication per DRB or SRB, the gNB can add an indication (e.g. a packet duplication flag) to the RRC signalling to inform the UE whether the state of UL duplication is active. If the initial state of packet duplication is not active, the two legs should be decoupled from the associated carriers. And one of the two legs should be used for data transmission by UE implementation.).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system to include R2-1706716- Huawei’s invention of Configuration and control of packet duplication in a wireless communication system, because it enables a Radio Access Network (RAN) in making selection for an efficient and effective solution for initial state of duplication in both DC (Dual Connectivity) and CA (Carrier Aggregation) operations, in turns, improves reliability for radio bearer which requires packet duplication for operating in the wireless communication system. (§2.4, R2-1706716- Huawei)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Baek, in view of R2-1802149-CATT, further in view of Sun.
Re. Claim 16, Baek and R2-1802149-CATT teach claim 13.
Yet, Baek, R2-1802149-CATT and Xu do not expressly teach end second indication information to the terminal device, wherein the second indication information is used for indicating whether the MAC CE is an MAC CE comprising the first indication information, wherein the transceiver is specifically configured to: send a reserved index in a Logical Channel Identifier (LCID) of a DownLink Shared Channel (DL-SCH) to the terminal device, wherein the reserved index is used for indicating whether the MAC CE is the MAC CE comprising the first indication information..
However, in the analogous art, Sun explicitly discloses end second indication information to the terminal device, wherein the second indication information is used for indicating whether the MAC CE is an MAC CE comprising the first indication information, wherein the transceiver is specifically configured to: send a reserved index in a Logical Channel Identifier (LCID) of a DownLink Shared Channel (DL-SCH) to the terminal device, wherein the reserved index is used for indicating whether the MAC CE is the MAC CE comprising the first indication information.. (
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Baek’s invention of a method and apparatus for controlling packet duplication transmission in a wireless communication system and R2-1802149-CATT’s invention of packet duplication activation/deactivation via MAC-CE (medium access control-control element ) in a wireless communication system to include Sun’s invention of Media Access Control (MAC) Protocol Data Unit (PDU) transmission method and a MAC PDU transmission apparatus in a wireless communication system, because it provides an efficient mechanism for identifying an expanded MAC CE (medium access control-control element ) type in a MAC PDU for a transmitting/receiving device operating in the wireless communication system. (¶0002-¶0006, Sun)
Response to Arguments
Applicant’s arguments filed on 07/23/2026 with respect to independent claims 1, 13 and 18 have been considered but they are not persuasive.
Also, based on an updated search following the office action sent on 08/06/2026, a plurality of newly found NPL documents, such as, 3GPP TSG-RAN WG2 #99; R2-1707921; Source: CATT; Title: Duplication Activation/Deactivation MAC CE; Berlin, Germany, 21 - 25 Aug 2017 & 3GPP TSG-RAN WG2#101; R2-1802149; Source: CATT; Title: Duplication activation/deactivation MAC CE; Athens, Greece, 26thFebruary-2ndMarch 2018, triggered a new search following the discovering of a plurality of relevant prior arts (See PTO-892), which are very closed to inventive concepts as claimed in independent claims 1, 13 and 18, and subsequent dependent claims as claimed by the applicant, hence, a second non final office action is being sent out.
Regarding arguments in pages 1-2 as submitted on 07/23/2026 for double patenting issues, applicant’s assertion that the amended claim set is patentably distinct from the claims of U.S. Patent No. US 11,991,556 B2, that is, the present application does not constitute double patenting with No. US 11,991,556 B2.
Examiner respectfully disagrees with the applicant. Please see the updated double patenting rejection. Applicant is requested to submit a terminal disclaimer (TD) to overcome the nonstatutory double patenting rejection. A rejection based on a nonstatutory type of double patenting can be avoided by filing a terminal disclaimer in the application or proceeding in which the rejection is made. In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Knohl, 386 F.2d 476, 155 USPQ 586 (CCPA 1967); and In re Griswold, 365 F.2d 834, 150 USPQ 804 (CCPA 1966). The use of a terminal disclaimer in overcoming a nonstatutory double patenting rejection is in the public interest because it encourages the disclosure of additional developments, the earlier filing of applications, and the earlier expiration of patents whereby the inventions covered become freely available to the public. In re Jentoft, 392 F.2d 633, 157 USPQ 363 (CCPA 1968); In re Eckel, 393 F.2d 848, 157 USPQ 415 (CCPA 1968); In re Braithwaite, 379 F.2d 594, 154 USPQ 29 (CCPA 1967). See MPEP §804.02.
None of the earlier prior arts are used in the instant office action, hence, moot.
For reasons as explained supra, it is maintained that independent claims 1 and 18, are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (2021/0297899 [Wingdings font/0xF3] new reference), in view of R2-1802149-CATT ([Wingdings font/0xF3] new reference), further in view of Xu et al. (2020/0367091 [Wingdings font/0xF3] new reference),
For similar reason, it is maintained that independent claim 13, is rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (2021/0297899 [Wingdings font/0xF3] new reference), in view of R2-1802149-CATT ([Wingdings font/0xF3] new reference).
As all other dependent claims depend either directly or indirectly from the independent claims 1, 13 and 18, similar rationale also applies to all respective dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
3GPP TSG-RAN WG2 #99; R2-1707921; Source: CATT; Title: Duplication Activation/Deactivation MAC CE; Berlin, Germany, 21 - 25 Aug 2017. See §2-§3 (See snapshots below, applicable for all independent claims (1, 13 and 18).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUL CHOWDHURY whose telephone number is (571)272-0485. The examiner can normally be reached on Monday-Thursday 9 AM- 6 PM EST (Friday Var.).
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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