DETAILED ACTION
The following is a non-final office action in response to applicant’s amendment filed on 02/04/2026 for response of the office action mailed on 11/05/2025. Independent claims 1, 13 and 18 are amended. Claims 2, 11-12, 14 and 19 are cancelled. A new set of claims 21-25 are added. 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 and 8-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6 of U.S. Patent No. US 11,991,556 B2, in view of Kim et al. (2019/0394693), Kim hereinafter.
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 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.
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.
9. The terminal device of claim 8, wherein the first type of MAC CE and the second type of MAC CE 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.
11. The terminal device of claim 1, wherein when the terminal device receives an MAC CE through an MAC entity, if the MAC CE is used for indicating to activate a data behavior between an RLC entity and the first PDCP entity corresponding to the DRB, the terminal device indicates a state of duplication data between the first PDCP entity corresponding to the DRB and the RLC entity to a higher layer through the MAC entity.
12. The terminal device of claim 1, wherein when the terminal device receives an MAC CE through an MAC entity, if the MAC CE is used for indicating to deactivate a data behavior between an RLC entity and the first PDCP entity corresponding to the DRB, the terminal device indicates a state of duplication data between the first PDCP entity corresponding to the DRB and the RLC entity to a higher layer through the MAC entity.
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.
Yet, US 11,991,556 B2 does not claim wherein 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, Kim explicitly discloses wherein activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different (Fig.1A/Fig. 1C & ¶0060 - The eight bitmaps of FIG. 1C may indicate an activation or deactivation state of packet duplication on each of a maximum of eight radio bearers. Fig.1A/Fig. 1C & ¶0061:¶0068 -which duplication activation/deactivation message is to be used to transmit an activation or deactivation state of a radio bearer… which radio bearer is to be indicated by each bitmap within a duplication activation/deactivation message implemented through application of one of the following configurations: [0062] Bitmap indication in an ascending or descending order of identifiers (IDs) of DRBs among DRBs, for each of which packet duplication is configured and each of which includes an RLC apparatus connected to a cell group on which a corresponding MAC CE (a MAC CE for indicating duplication activation or deactivation on a radio bearer) is transmitted… Bitmap indication in an ascending or descending order of IDs of DRBs among DRBs, for each of which packet duplication is configured and each of which includes a secondary RLC apparatus connected to a cell group on which a corresponding MAC CE is transmitted;…Bitmap indication in an ascending or descending order of IDs of DRBs among DRBs, for each of which packet duplication is configured and each of which includes a PDCP anchor of a base station included in a base station node corresponding to a cell group on which a corresponding MAC CE is transmitted; In the case of a MAC CE transmitted on an MCG, bitmap indication in an ascending or descending order of IDs of DRBs with respect to a DRB, for which CA-type packet duplication configured by the MCG is configured, and a DRB for which DC-type packet duplication configured by the MCG is configured. In the case of a MAC CE transmitted on an SCG, bitmap indication in an ascending or descending order of IDs of DRBs with respect to DRBs, for each of which CA-type packet duplication configured by the SCG is configured; Fig. 1D & ¶0071 - Referring to FIG. 1D, in operation 1d-10, a base station transmits a radio resource control (RRC) configuration message to a terminal. The base station may generate or modify a radio bearer by using the RRC configuration message, and may configure packet duplication for the radio bearer. In this example, the base station may configure a DRB ID of each radio bearer and a logic channel ID corresponding to each RLC apparatus, and may configure a radio bearer including at least two RLC apparatuses for one PDCP apparatus illustrated in FIG. 1A, by corresponding these IDs. Fig.1A/Fig.1D/Fig. 1I & ¶0081 - In operation 1i-20, whether a base station configures a cell group on which a MAC CE for application of activation or deactivation of packet duplication to the relevant DRB is to be transmitted, may become a determination criterion. In this example, the configuration by the base station may be indicated in the RRC configuration message of FIG. 1D. If a base station configures a cell group on which a MAC CE for control of activation or deactivation of packet duplication over the relevant DRB is to be transmitted, in operation 1i-30, the terminal may apply activation or deactivation of packet duplication of the DRB by using a MAC CE transmitted on the cell group. If the base station does not configure the cell group on which the MAC CE for control of activation or deactivation of packet duplication over the DRB is to be transmitted, in operation 1i-40, the terminal does not apply the activation or deactivation of the packet duplication of the DRB by using the MAC CE transmitted on the cell group. For example, if activation or deactivation of packet duplication of the DRB is configured such that the same is to be applied using a MAC CE received on an MCG, the terminal applies activation or deactivation of packet duplication of the DRB by using the MAC CE received on the MCG, and does not apply activation or deactivation of packet duplication of the DRB by using a MAC CE received on an SCG).
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The applicant and Kim work in the same field of technology. 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 applicant’s (i.e., US 11,991,556 B2) invention of systems and methods for indicating a state of PDCP duplication data to include Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system, because it provides an efficient mechanism for packet duplication with efficient radio resource utilization, in turns, achieves higher data rate in data packet transmission/reception operating in the next-generation mobile communication system. (¶0057, Kim)
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, in view of Kim. Although those claims at issue are not identical, they are not patentably distinct from each other because combination of those independent/dependent claims are unpatentable over the combination of independent/dependent claims of U.S. Patent No. US 11,991,556 B2 in view of Kim.
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, 3, 6, 8-9, 13, 15, 18, 20 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Vrzic et al. (2018/0367288), Vrzic hereinafter, in view of Kim.
Re. claims 1 and 18, Vrzic teaches a method for indicating a state of Packet Data Convergence Protocol (PDCP) duplication data (Fig. 6 & ¶0007 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having DC (Dual Connectivity) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a master node and an event triggered at a secondary node; Fig. 13 & ¶0008 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having CA (Carrier Aggregation) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a node; and performing packet duplication contingent on the received information.), wherein the method is applied to a terminal device (Fig.1 <¶0050, ED 102 may be a Machine Type Communications (MTC) device >, 102/Fig.2, ED 102/Fig. 9, UE 102/Fig. 16, UE) , 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. 6 & ¶0007 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having DC (Dual Connectivity) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a master node and an event triggered at a secondary node; and performing packet duplication contingent on the received information, and reliability requirements.; Fig. 13 & ¶0008 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having CA (Carrier Aggregation) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a node; and performing packet duplication contingent on the received information. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0075 - PDCP entity may operate to duplicate both SRB and DRB PDUs destined for the UE 102, and forwards one copy directly to the UE 102 through its own RLC, MAC and PHY entities. The other copy is forwarded to the UE 102 via the Xn interface and the SgNB 408. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used; Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. The UE 102 may also have other DRBs that are not configured for packet duplication. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers), the plurality of RLC entities comprise a first RLC entity, a second RLC entity, a third RLC entity and a fourth RLC entity (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0075 - PDCP entity may operate to duplicate both SRB and DRB PDUs destined for the UE 102, and forwards one copy directly to the UE 102 through its own RLC, MAC and PHY entities. The other copy is forwarded to the UE 102 via the Xn interface and the SgNB 408. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used; Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. The UE 102 may also have other DRBs that are not configured for packet duplication. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers), and a terminal device (Fig.1, 102/Fig.2, ED 102/Fig. 9, UE 102/Fig. 16, UE), 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. 6 & ¶0007 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having DC (Dual Connectivity) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a master node and an event triggered at a secondary node; and performing packet duplication contingent on the received information, and reliability requirements.; Fig. 13 & ¶0008 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having CA (Carrier Aggregation) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a node; and performing packet duplication contingent on the received information. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0075 - PDCP entity may operate to duplicate both SRB and DRB PDUs destined for the UE 102, and forwards one copy directly to the UE 102 through its own RLC, MAC and PHY entities. The other copy is forwarded to the UE 102 via the Xn interface and the SgNB 408. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used; Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. The UE 102 may also have other DRBs that are not configured for packet duplication. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers), and comprising: a processor (Fig. 1, 104), 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. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0075 - PDCP entity may operate to duplicate both SRB and DRB PDUs destined for the UE 102, and forwards one copy directly to the UE 102 through its own RLC, MAC and PHY entities. The other copy is forwarded to the UE 102 via the Xn interface and the SgNB 408. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used; Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. The UE 102 may also have other DRBs that are not configured for packet duplication. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers), and a transceiver (Fig. 1, ¶0050 - ED 102 may be a Machine Type Communications (MTC) device….a device may contain multiple instances of a component, such as multiple processors, memories, transmitters, receivers, etc. ), 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. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0080 - The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0081 - Once the Event Trigger value has been selected, it can be forwarded (at 1604) to the UE 102 in a MAC CE. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used. Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. …. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers. Fig. 14 & ¶0119 - UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0143 - Since the activation/deactivation of packet duplication is controlled dynamically, the fall back to the best link when the packet duplication is deactivated should preferably also be dynamically controlled. The initial fallback leg can be configured in RRC, but the subsequent link selection commands can be enabled using MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0145 - To indicate the best link for the UE 102 to use when packet duplication is deactivated, a bit in the MAC CE sub-header can be used to identify the best link for the DC based DRBs that are configured with packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0156 - In order to satisfy the reliability requirement with this UE 102 implementation, a separate MAC CE is required to indicate the best link to be used when packet duplication is deactivated. This coordinated link selection MAC CE should be sent from the node hosting the PDCP entity. Since this is only required for the DC architecture, a single bit can be used to indicate which link is the best link. This link selection bit can be included in a MAC CE sub-header), 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 (Fig. 6 & ¶0007 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having DC (Dual Connectivity) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a master node and an event triggered at a secondary node; and performing packet duplication contingent on the received information, and reliability requirements. Fig. 13 & ¶0008 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having CA (Carrier Aggregation) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a node; and performing packet duplication contingent on the received information. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0080 - The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0081 - if CQI_MgNB is greater than Threshold1 and less than a second predetermined threshold (Threshold2) then the corresponding Event trigger value may be set to EV2; Once the Event Trigger value has been selected, it can be forwarded (at 1604) to the UE 102 in a MAC CE. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used. Fig. 14 & ¶0119 - UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. That is, the indication information corresponds to the MAC CE sent by the master RAN node (MgNB) in case of packet duplication, PD, for CA (e.g., Fig. 13) or each one of the MAC CEs sent by the master RAN node (MgNB) and the Secondary RAN node (SgNB) in case of PD for DC (e.g., Fig. 6), wherein each of the aforementioned MAC CE indicates the data behavior between a first PDCP entity and several RLC entities associated with said first PDCP entity, which corresponds to indicating whether PD is activated for the plurality of RLC entities corresponding to a particular PDCP entity with PD as shown in Fig. 6 & 13.Also, see Fig. 14, shows packet duplication in a combined Dual Connection (DC) and Channel Aggregation (CA) architecture),
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Yet, Vrzic 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;
However, in the analogous art, Kim explicitly discloses wherein activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different; (Fig.1A/Fig. 1C & ¶0060 - The eight bitmaps of FIG. 1C may indicate an activation or deactivation state of packet duplication on each of a maximum of eight radio bearers. Fig.1A/Fig. 1C & ¶0061:¶0068 - which duplication activation/deactivation message is to be used to transmit an activation or deactivation state of a radio bearer… which radio bearer is to be indicated by each bitmap within a duplication activation/deactivation message implemented through application of one of the following configurations: [0062] Bitmap indication in an ascending or descending order of identifiers (IDs) of DRBs among DRBs, for each of which packet duplication is configured and each of which includes an RLC apparatus connected to a cell group on which a corresponding MAC CE (a MAC CE for indicating duplication activation or deactivation on a radio bearer) is transmitted… Bitmap indication in an ascending or descending order of IDs of DRBs among DRBs, for each of which packet duplication is configured and each of which includes a secondary RLC apparatus connected to a cell group on which a corresponding MAC CE is transmitted;…Bitmap indication in an ascending or descending order of IDs of DRBs among DRBs, for each of which packet duplication is configured and each of which includes a PDCP anchor of a base station included in a base station node corresponding to a cell group on which a corresponding MAC CE is transmitted; In the case of a MAC CE transmitted on an MCG, bitmap indication in an ascending or descending order of IDs of DRBs with respect to a DRB, for which CA-type packet duplication configured by the MCG is configured, and a DRB for which DC-type packet duplication configured by the MCG is configured. In the case of a MAC CE transmitted on an SCG, bitmap indication in an ascending or descending order of IDs of DRBs with respect to DRBs, for each of which CA-type packet duplication configured by the SCG is configured; Fig. 1D & ¶0071 - Referring to FIG. 1D, in operation 1d-10, a base station transmits a radio resource control (RRC) configuration message to a terminal. The base station may generate or modify a radio bearer by using the RRC configuration message, and may configure packet duplication for the radio bearer. In this example, the base station may configure a DRB ID of each radio bearer and a logic channel ID corresponding to each RLC apparatus, and may configure a radio bearer including at least two RLC apparatuses for one PDCP apparatus illustrated in FIG. 1A, by corresponding these IDs. Fig.1A/Fig.1D/Fig. 1I & ¶0081 - In operation 1i-20, whether a base station configures a cell group on which a MAC CE for application of activation or deactivation of packet duplication to the relevant DRB is to be transmitted, may become a determination criterion. In this example, the configuration by the base station may be indicated in the RRC configuration message of FIG. 1D. If a base station configures a cell group on which a MAC CE for control of activation or deactivation of packet duplication over the relevant DRB is to be transmitted, in operation 1i-30, the terminal may apply activation or deactivation of packet duplication of the DRB by using a MAC CE transmitted on the cell group. If the base station does not configure the cell group on which the MAC CE for control of activation or deactivation of packet duplication over the DRB is to be transmitted, in operation 1i-40, the terminal does not apply the activation or deactivation of the packet duplication of the DRB by using the MAC CE transmitted on the cell group. For example, if activation or deactivation of packet duplication of the DRB is configured such that the same is to be applied using a MAC CE received on an MCG, the terminal applies activation or deactivation of packet duplication of the DRB by using the MAC CE received on the MCG, and does not apply activation or deactivation of packet duplication of the DRB by using a MAC CE received on an SCG).
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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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system to include Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system, because it provides an efficient mechanism for packet duplication with efficient radio resource utilization, in turns, achieves higher data rate in data packet transmission/reception operating in the next-generation mobile communication system. (¶0057, Kim)
Re. claim 13, Vrzic teaches a network device (Fig.1 <¶0050, the electronic device may be an element of communications network infrastructure, such as a base station (for example a NodeB, an enhanced Node B (eNodeB)>, Fig. 6, MgNB/SgNB, Fig. 13, MgNB), comprising: a processor (Fig. 1, 104) and a transceiver (Fig. 1, ¶0050 - the electronic device may be an element of communications network infrastructure, such as a base station (for example a NodeB, an enhanced Node B (eNodeB)….a device may contain multiple instances of a component, such as multiple processors, memories, transmitters, receivers, etc. ), wherein the processor is configured to generate a Media Access Control (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 a first Packet Data Convergence Protocol (PDCP) entity (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0080 - The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0081 - Once the Event Trigger value has been selected, it can be forwarded (at 1604) to the UE 102 in a MAC CE. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used. Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. …. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers. Fig. 14 & ¶0119 - UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0143 - Since the activation/deactivation of packet duplication is controlled dynamically, the fall back to the best link when the packet duplication is deactivated should preferably also be dynamically controlled. The initial fallback leg can be configured in RRC, but the subsequent link selection commands can be enabled using MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0145 - To indicate the best link for the UE 102 to use when packet duplication is deactivated, a bit in the MAC CE sub-header can be used to identify the best link for the DC based DRBs that are configured with packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0156 - In order to satisfy the reliability requirement with this UE 102 implementation, a separate MAC CE is required to indicate the best link to be used when packet duplication is deactivated. This coordinated link selection MAC CE should be sent from the node hosting the PDCP entity. Since this is only required for the DC architecture, a single bit can be used to indicate which link is the best link. This link selection bit can be included in a MAC CE sub-header), 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. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. …. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers. Fig. 14 & ¶0119 - UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. Fig. 27-30 & ¶0217 - The contents of the UL MAC CE can be as set out in the table of FIG. 29. The MAC CE can also contain the DRB ID to indicate for which DRB the command applies. Alternatively, the MAC CE may be a bitmap, where each bit or set of bits corresponds to a DRB that is configured for packet duplication. The UE can send UL MAC CEs to the node hosting the PDCP or both); a second data behavior between the first PDCP entity and a second RLC entity corresponding to the first PDCP entity, and a third data behavior between the first PDCP entity and a third RLC entity corresponding to the first PDCP entity, 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. 6 & ¶0007 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having DC (Dual Connectivity) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a master node and an event triggered at a secondary node; and performing packet duplication contingent on the received information, and reliability requirements. Fig. 13 & ¶0008 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having CA (Carrier Aggregation) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a node; and performing packet duplication contingent on the received information. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0080 - The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0081 - if CQI_MgNB is greater than Threshold1 and less than a second predetermined threshold (Threshold2) then the corresponding Event trigger value may be set to EV2; Once the Event Trigger value has been selected, it can be forwarded (at 1604) to the UE 102 in a MAC CE. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used. Fig. 14 & ¶0119 - UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. That is, the indication information corresponds to the MAC CE sent by the master RAN node (MgNB) in case of packet duplication, PD, for CA (e.g., Fig. 13) or each one of the MAC CEs sent by the master RAN node (MgNB) and the Secondary RAN node (SgNB) in case of PD for DC (e.g., Fig. 6), wherein each of the aforementioned MAC CE indicates the data behavior between a first PDCP entity and several RLC entities associated with said first PDCP entity, which corresponds to indicating whether PD is activated for the plurality of RLC entities corresponding to a particular PDCP entity with PD as shown in Fig. 6 & 13.Also, see Fig. 14, shows packet duplication in a combined Dual Connection (DC) and Channel Aggregation (CA) architecture), and the transceiver is configured to send the MAC CE comprising the first indication information to the terminal device (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0080 - The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0081 - Once the Event Trigger value has been selected, it can be forwarded (at 1604) to the UE 102 in a MAC CE. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used. Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. …. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers. Fig. 14 & ¶0119 - UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0143 - Since the activation/deactivation of packet duplication is controlled dynamically, the fall back to the best link when the packet duplication is deactivated should preferably also be dynamically controlled. The initial fallback leg can be configured in RRC, but the subsequent link selection commands can be enabled using MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16-18 & ¶0145 - To indicate the best link for the UE 102 to use when packet duplication is deactivated, a bit in the MAC CE sub-header can be used to identify the best link for the DC based DRBs that are configured with packet duplication).
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Yet, Vrzic 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, Kim explicitly discloses activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different; (Fig.1A/Fig. 1C & ¶0060 - The eight bitmaps of FIG. 1C may indicate an activation or deactivation state of packet duplication on each of a maximum of eight radio bearers. Fig.1A/Fig. 1C & ¶0061:¶0068 - which duplication activation/deactivation message is to be used to transmit an activation or deactivation state of a radio bearer… which radio bearer is to be indicated by each bitmap within a duplication activation/deactivation message implemented through application of one of the following configurations: [0062] Bitmap indication in an ascending or descending order of identifiers (IDs) of DRBs among DRBs, for each of which packet duplication is configured and each of which includes an RLC apparatus connected to a cell group on which a corresponding MAC CE (a MAC CE for indicating duplication activation or deactivation on a radio bearer) is transmitted… Bitmap indication in an ascending or descending order of IDs of DRBs among DRBs, for each of which packet duplication is configured and each of which includes a secondary RLC apparatus connected to a cell group on which a corresponding MAC CE is transmitted;…Bitmap indication in an ascending or descending order of IDs of DRBs among DRBs, for each of which packet duplication is configured and each of which includes a PDCP anchor of a base station included in a base station node corresponding to a cell group on which a corresponding MAC CE is transmitted; In the case of a MAC CE transmitted on an MCG, bitmap indication in an ascending or descending order of IDs of DRBs with respect to a DRB, for which CA-type packet duplication configured by the MCG is configured, and a DRB for which DC-type packet duplication configured by the MCG is configured. In the case of a MAC CE transmitted on an SCG, bitmap indication in an ascending or descending order of IDs of DRBs with respect to DRBs, for each of which CA-type packet duplication configured by the SCG is configured; Fig. 1D & ¶0071 - Referring to FIG. 1D, in operation 1d-10, a base station transmits a radio resource control (RRC) configuration message to a terminal. The base station may generate or modify a radio bearer by using the RRC configuration message, and may configure packet duplication for the radio bearer. In this example, the base station may configure a DRB ID of each radio bearer and a logic channel ID corresponding to each RLC apparatus, and may configure a radio bearer including at least two RLC apparatuses for one PDCP apparatus illustrated in FIG. 1A, by corresponding these IDs. Fig.1A/Fig.1D/Fig. 1I & ¶0081 - In operation 1i-20, whether a base station configures a cell group on which a MAC CE for application of activation or deactivation of packet duplication to the relevant DRB is to be transmitted, may become a determination criterion. In this example, the configuration by the base station may be indicated in the RRC configuration message of FIG. 1D. If a base station configures a cell group on which a MAC CE for control of activation or deactivation of packet duplication over the relevant DRB is to be transmitted, in operation 1i-30, the terminal may apply activation or deactivation of packet duplication of the DRB by using a MAC CE transmitted on the cell group. If the base station does not configure the cell group on which the MAC CE for control of activation or deactivation of packet duplication over the DRB is to be transmitted, in operation 1i-40, the terminal does not apply the activation or deactivation of the packet duplication of the DRB by using the MAC CE transmitted on the cell group. For example, if activation or deactivation of packet duplication of the DRB is configured such that the same is to be applied using a MAC CE received on an MCG, the terminal applies activation or deactivation of packet duplication of the DRB by using the MAC CE received on the MCG, and does not apply activation or deactivation of packet duplication of the DRB by using a MAC CE received on an SCG).
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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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system to include Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system, because it provides an efficient mechanism for packet duplication with efficient radio resource utilization, in turns, achieves higher data rate in data packet transmission/reception operating in the next-generation mobile communication system. (¶0057, Kim)
Re. Claims 3 and 20, Vrzic and Kim teach claims 1 and 18.
Vrzic further teaches 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. (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig. 13-14/Fig.16 & ¶0118 - FIG. 13 illustrates Packet duplication implemented in a CA architecture. In such a case, the UE 102 can be configured with a DRB for packet duplication on different carriers. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig. 13-14/Fig.16 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig. 13-14/Fig.16 & ¶0143 - Since the activation/deactivation of packet duplication is controlled dynamically, the fall back to the best link when the packet duplication is deactivated should preferably also be dynamically controlled. The initial fallback leg can be configured in RRC, but the subsequent link selection commands can be enabled using MAC CEs.).
Re. Claim 6, Vrzic and Kim teach claim 1.
Vrzic 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. 6 & ¶0007 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having DC (Dual Connectivity) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a master node and an event triggered at a secondary node; and performing packet duplication contingent on the received information, and reliability requirements. Fig. 13 & ¶0008 - a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having CA (Carrier Aggregation) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a node; and performing packet duplication contingent on the received information. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0080 - The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0081 - Once the Event Trigger value has been selected, it can be forwarded (at 1604) to the UE 102 in a MAC CE. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used. Fig. 13 & ¶0118 - the UE 102 can be configured with a DRB for packet duplication on different carriers. …. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers. Fig. 14 & ¶0119 - UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. Examiner interprets that only one of the claimed features to be mapped of the limitation, because of the presence of “and/or”).
Re. Claim 8, Vrzic and Kim teach claim 1.
Vrzic further teaches 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) (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication. ), 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 (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0156 - In order to satisfy the reliability requirement with this UE 102 implementation, a separate MAC CE is required to indicate the best link to be used when packet duplication is deactivated. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0217 - The MAC CE can also contain the DRB ID to indicate for which DRB the command applies.).
Re. Claim 24, Vrzic and Kim teach claim 13.
Vrzic further teaches 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 (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication), 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 (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0156 - In order to satisfy the reliability requirement with this UE 102 implementation, a separate MAC CE is required to indicate the best link to be used when packet duplication is deactivated. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0217 - The MAC CE can also contain the DRB ID to indicate for which DRB the command applies).
Re. Claims 9 and 25, Vrzic and Kim teach claims 8 and 13.
Vrzic further teaches wherein the first type of MAC CE and the second type of MAC CE are different (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0156 - In order to satisfy the reliability requirement with this UE 102 implementation, a separate MAC CE is required to indicate the best link to be used when packet duplication is deactivated).
Re. Claim 15, Vrzic and Kim teach claim 13.
Vrzic further teaches wherein the transceiver is specifically configured to: 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 (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig. 13-14/Fig.16 & ¶0118 - FIG. 13 illustrates Packet duplication implemented in a CA architecture. In such a case, the UE 102 can be configured with a DRB for packet duplication on different carriers. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig. 13-14/Fig.16 & ¶0142 - The MAC CE contains a bitmap that indicates if the corresponding DRB is activated for packet duplication. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig. 13-14/Fig.16 & ¶0143 - Since the activation/deactivation of packet duplication is controlled dynamically, the fall back to the best link when the packet duplication is deactivated should preferably also be dynamically controlled. The initial fallback leg can be configured in RRC, but the subsequent link selection commands can be enabled using MAC CEs).
Claims 4-5, 16 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Vrzic, in view of Kim, further in view of Jin et al. (2018/0368200), Jin hereinafter.
Re. Claims 4 and 21, Vrzic and Kim teach claims 1 and 18.
Yet, Vrzic does 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, Jin explicitly discloses wherein the transceiver (Fig. 2L, 2l-10) 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 (Fig. 2F-2G & ¶0264 - Table 2-1 describes pieces of information that may be included in the MAC header. LCID may be differently defined based on a downlink-shared channel (DL-SCH). Fig. 2F-2G & ¶0287 - First, an eNB configures that which bearer or logical channel id (LCID) may be used for packet duplication through an RRC configuration with respect to a UE. Thereafter, the eNB may use an MAC CE in order to activate/deactivate packet duplication corresponding to a specific bearer or LCID of the configured bearers or LCIDs with respect to the UE. …. a method of activating/deactivating packet duplication through the MAC CE is divided into two cases. Fig. 2F-2G & ¶0288 - there is a method using the Du A/D MAC CE for each UE. In this case, a UE that has received a Du A/D MAC CE activates/deactivates packet duplication for all of bearers or LCIDs previously configured for the packet duplication. In such a case, the Du A/D MAC CE may be used as an MAC CE including only a header without payload (Case 1: MAC CE per UE). That is, the Du A/D MAC CE includes only an LCID 2g-15 and reserved bits (R) 2g-40 only).
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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system and Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system to include Jin’s invention of a system and a method for activating and deactivating packet duplication in a next-generation mobile communication system, because it provides an efficient mechanism for PDCP count check from a terminal and for the terminal to perform a corresponding operation in a next-generation mobile communication system in order to facilitate dual connectivity for terminals operating independently with LTE (4G) and NR (New Radio/5G) technologies. (¶0002-¶0009, Jin)
Re. Claims 5 and 22, Vrzic, Kim and Jin teach claims 4 and 21.
Yet, Vrzic does not expressly teach 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.
However, in the analogous art, Jin explicitly discloses wherein the transceiver (Fig. 2L, 2l-10) 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. (Fig. 2F-2G & ¶0264 - Table 2-1 describes pieces of information that may be included in the MAC header. LCID may be differently defined based on a downlink-shared channel (DL-SCH). Fig. 2F-2G & ¶0287 - First, an eNB configures that which bearer or logical channel id (LCID) may be used for packet duplication through an RRC configuration with respect to a UE. Thereafter, the eNB may use an MAC CE in order to activate/deactivate packet duplication corresponding to a specific bearer or LCID of the configured bearers or LCIDs with respect to the UE. …. a method of activating/deactivating packet duplication through the MAC CE is divided into two cases. Fig. 2F-2G & ¶0288 - there is a method using the Du A/D MAC CE for each UE. In this case, a UE that has received a Du A/D MAC CE activates/deactivates packet duplication for all of bearers or LCIDs previously configured for the packet duplication. In such a case, the Du A/D MAC CE may be used as an MAC CE including only a header without payload (Case 1: MAC CE per UE). That is, the Du A/D MAC CE includes only an LCID 2g-15 and reserved bits (R) 2g-40 only).
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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system and Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system to include Jin’s invention of a system and a method for activating and deactivating packet duplication in a next-generation mobile communication system, because it provides an efficient mechanism for PDCP count check from a terminal and for the terminal to perform a corresponding operation in a next-generation mobile communication system in order to facilitate dual connectivity for terminals operating independently with LTE (4G) and NR (New Radio/5G) technologies. (¶0002-¶0009, Jin)
Re. Claim 16, Vrzic and Kim teach claim 13.
Yet, Vrzic does not expressly teach wherein the transceiver is further configured to: send 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, Jin explicitly discloses wherein the transceiver (Fig. 2L, 2l-10) is further configured to: send 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. ((Fig. 2F-2G & ¶0264 - Table 2-1 describes pieces of information that may be included in the MAC header. LCID may be differently defined based on a downlink-shared channel (DL-SCH). Fig. 2F-2G & ¶0287 - First, an eNB configures that which bearer or logical channel id (LCID) may be used for packet duplication through an RRC configuration with respect to a UE. Thereafter, the eNB may use an MAC CE in order to activate/deactivate packet duplication corresponding to a specific bearer or LCID of the configured bearers or LCIDs with respect to the UE. …. a method of activating/deactivating packet duplication through the MAC CE is divided into two cases. Fig. 2F-2G & ¶0288 - there is a method using the Du A/D MAC CE for each UE. In this case, a UE that has received a Du A/D MAC CE activates/deactivates packet duplication for all of bearers or LCIDs previously configured for the packet duplication. In such a case, the Du A/D MAC CE may be used as an MAC CE including only a header without payload (Case 1: MAC CE per UE). That is, the Du A/D MAC CE includes only an LCID 2g-15 and reserved bits (R) 2g-40 only).
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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system and Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system to include Jin’s invention of a system and a method for activating and deactivating packet duplication in a next-generation mobile communication system, because it provides an efficient mechanism for PDCP count check from a terminal and for the terminal to perform a corresponding operation in a next-generation mobile communication system in order to facilitate dual connectivity for terminals operating independently with LTE (4G) and NR (New Radio/5G) technologies. (¶0002-¶0009, Jin)
Claims 7, 17 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Vrzic, in view of Kim, further in view of Jheng et al. (2018/0279168), Jheng hereinafter.
Re. Claim 7 and 23, Vrzic and Kim teach claims 1 and 18.
Yet, Vrzic does not expressly teach 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.
However, in the analogous art, Jheng explicitly discloses wherein the processor (Fig. 2, 259) 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 (Fig. 5A-B & ¶0054 - between a UE and a base station to configure and activate the duplication architecture. 5G RAN…allows for an explicit query of the capability of a UE. A RNC sends a “UE capability enquiry” message 505, via the base station (gNB) 504, to the UE 502 and receives in response a “UE capability information” message 506 from the UE 502, as shown in FIG. 5A. UE capability may include, for example, PDCP capability (such as the type of duplication supported), RLC capability (maximum RLC AM window size, max number of AM entities, etc.). Here, a maximum number of RLC entities are being referred to by the max number of AM entities. Jheng also discloses that PDCP PDU duplication may be desirable at least for multi-connectivity and carrier aggregation purposes in ¶0061 along with Fig. 3-4, which a shows a plurality of TRPs for the multi-connectivity and carrier aggregation as a UE capable of PDCP duplication corresponding to the maximum number of RLC entities (configured to the maximum number of TRPs as shown in Fig.3-4, the number of TRP is at least 3 as shown in Fig.3-4)), 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. 5A-B/Fig.6A-B, 7 & ¶0065 - when the duplication function 612 is activated, the PDCP sublayer 602 duplicates packets (e.g., PDCP PDUs) and transmits the duplicate packets to RLC/MAC entities of different carriers. More specifically, the UE 502 employs a first RLC entity 603a at the RLC sublayer 604 and a first MAC entity 605a at the MAC sublayer 606, and delivers data associated with the first logical channel 616a to a first transport channel 624a via the first RLC entity 603a and the first MAC entity 605a. In addition, the UE 502 employs a second RLC entity 603b at the RLC sublayer 604 and a second MAC entity 605b at the MAC sublayer 606, and delivers a duplicate packet via a second logical channel 616b to a second transport channel 624b via the second RLC entity 603b and the second MAC entity 605).
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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system and Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system to include Jheng’s invention of a system and a method for supporting packet data convergence protocol (PDCP) duplication in 5G NR technology, because it provides an efficient mechanism for a user equipment whether to activate radio bearers to perform duplication in the 5G NR technology. (¶0002-¶0007, Jheng)
Re. Claim 17, Vrzic and Kim teach claim 13.
Yet, Vrzic does not expressly teach wherein the transceiver 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.
However, in the analogous art, Jheng explicitly discloses wherein the transceiver 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. 5A-B & ¶0054 - between a UE and a base station to configure and activate the duplication architecture. 5G RAN…allows for an explicit query of the capability of a UE. A RNC sends a “UE capability enquiry” message 505, via the base station (gNB) 504, to the UE 502 and receives in response a “UE capability information” message 506 from the UE 502, as shown in FIG. 5A. UE capability may include, for example, PDCP capability (such as the type of duplication supported), RLC capability (maximum RLC AM window size, max number of AM entities, etc.). Here, a maximum number of RLC entities are being referred to by the max number of AM entities. Jheng also discloses that PDCP PDU duplication may be desirable at least for multi-connectivity and carrier aggregation purposes in ¶0061 along with Fig. 3-4, which a shows a plurality of TRPs for the multi-connectivity and carrier aggregation as a UE capable of PDCP duplication corresponding to the maximum number of RLC entities (configured to the maximum number of TRPs as shown in Fig.3-4, the number of TRP is at least 3 as shown in Fig.3-4)).
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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system and Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system to include Jheng’s invention of a system and a method for supporting packet data convergence protocol (PDCP) duplication in 5G NR technology, because it provides an efficient mechanism for a user equipment whether to activate radio bearers to perform duplication in the 5G NR technology. (¶0002-¶0007, Jheng)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Vrzic, in view of Kim, further in view of Chen et al. (2020/0266962), Chen hereinafter.
Re. Claim 10, Vrzic and Kim teach claim 8.
Vrzic further 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 (Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0075 - PDCP entity may operate to duplicate both SRB and DRB PDUs destined for the UE 102, and forwards one copy directly to the UE 102 through its own RLC, MAC and PHY entities. The other copy is forwarded to the UE 102 via the Xn interface and the SgNB 408. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0077 - MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0080 - The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0081 - if CQI_MgNB is greater than Threshold1 and less than a second predetermined threshold (Threshold2) then the corresponding Event trigger value may be set to EV2; Once the Event Trigger value has been selected, it can be forwarded (at 1604) to the UE 102 in a MAC CE. Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16 & ¶0086 - If the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used;)
Yet, Vrzic does not expressly teach, 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, Chen explicitly discloses 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 (Fig. 1-6 & ¶0005 – Retransmission models under Carrier aggregation (CA) and Dual connectivity (DC) are shown in FIG. 1 and FIG. 2, respectively. A radio bearer (corresponding to a PDCP entity) in the PDCP layer is transmitted through multiple logical channels (one logical channel is corresponding to one RLC entity) in the Radio Link Control Protocol (RLC) layer, respectively. As shown in FIG. 1, for the CA model, multiple logical channels corresponding to the radio bearer for retransmission are processed by one MAC entity in the MAC layer; and data from different RLC logical channels are respectively mapped to different radio resources on one carrier or different carriers, for transmission. Fig. 5 & ¶0079 - The correspondence relationship between bits of the bitmap in the MAC CE for activating/deactivating retransmission and bearers RB may be configured by one base station. For example, in the figure, first three bits of the bitmap in the MAC CE may be configured by the base station 1 to correspond to DRB1, DRB2, and DRB3. Here, each DRB (data radio bearer / radio resources) corresponds to respective RLC entities.)
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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 Vrzic’s invention of dynamic activation and deactivation of packet duplication in 5G wireless communication system and Kim’s invention of a system and a method for controlling packet duplication by considering dual connectivity in next-generation mobile communication system to include Chen’s invention of a system and a method for activating/deactivating same Packet Data Convergence Protocol (PDCP) Protocol Data Unit (PDU) retransmission for a specific radio bearer (RB) through multiple paths by using MAC CE signaling indication under Carrier aggregation (CA) and Dual connectivity (DC) in 5G New Radio (NR) communication system, because it provides an efficient mechanism for a user equipment for correctly decoding the MAC CE signaling from a plurality of network nodes transmitting a plurality of activation/deactivation retransmission as indicated by the corresponding MAC CE signaling. (¶0002-¶0009, Chen)
Response to Arguments
Applicant’s arguments filed on 02/04/2026 with respect to independent claims 1, 13 and 18 have been considered but they are not persuasive.
Regarding arguments in pages 8-9 as submitted on 02/04/2026 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.
Regarding arguments in pages 9-12 as submitted on 02/04/2026 for independent claims 1 and 18, applicant asserts that Vrzic fails to teach, “wherein the plurality of RLC entities comprise a first RLC entity, a second RLC entity, a third RLC entity and a fourth RLC entity”.
Examiner respectfully disagrees with the applicant. For example, Vrzic discloses that PDCP entity may operate to duplicate both SRB and DRB PDUs destined for the UE 102, and forwards one copy directly to the UE 102 through its own RLC, MAC and PHY entities. The other copy is forwarded to the UE 102 via the Xn interface and the SgNB 408. MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. See ¶0075/¶0077 along with Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16. Vrzic further discloses that if the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used; UE 102 can be configured with a DRB for packet duplication on different carriers. The UE 102 may also have other DRBs that are not configured for packet duplication. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers. See ¶0086/¶0118 along with Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16, quite a contrast to applicant’s assertion at least at pages 9-12 of remarks as submitted on 02/04/2026.
Applicant further argues that Vrzic fails to teach, “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 “.
Examiner respectfully disagrees with the applicant. For example, Vrzic discloses that a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having DC (Dual Connectivity) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a master node and an event triggered at a secondary node; and performing packet duplication contingent on the received information, and reliability requirements. … a method at User Equipment (UE) for controlling packet duplication of a Radio Access network (RAN) having CA (Carrier Aggregation) architecture, the method comprising: receiving, via at least one network interface of the User Equipment, information indicative of an event triggered at a node; and performing packet duplication contingent on the received information. See ¶0007 <Fig.6 >/¶0008 <Fig. 13>. Vrzic further discloses that MgNB 402 and SgNB 408 comprise respective PDCP 308, RLC 306 (i.e. a plurality of RLC logical channels for DC in Fig.6 & a plurality of RLC logical channels for CA in Fig.13) and MAC 304. The MgNB 402 and SgNB 408 may independently measure the quality of their respective UL channel from the UE 102. The channel quality information may be defined in the form of an “event trigger”, which can be conveyed to the UE 102 in a DL MAC CE. …. UE 102 can determine when to use packet duplication using the event triggers that are signalled in the DL MAC CEs. See ¶0077/¶0080 along with Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16. Vrzic further discloses that if the respective Event Trigger values received from the MgNB 402 and SgNB 408 are both EV2, then packet duplication should be used; UE 102 can be configured with a DRB for packet duplication on different carriers. The UE 102 may also have other DRBs that are not configured for packet duplication. The duplicated packets may be mapped to different logical channels in RLC, and the RLC logical channels may be mapped to different carriers. UE 102 is configured with one DRB for packet duplication in CA, and another DRB for packet duplication in DC. In this case, the UE 102 should decide which DRB to use. See ¶0086/¶0118-¶0119 along with Fig. 4A-B/Fig. 5A-B/Fig.6-9/Fig.16.
In Summary, the indication information corresponds to the MAC CE sent by the master RAN node (MgNB) in case of packet duplication, PD, for CA (e.g., Fig. 13) or each one of the MAC CEs sent by the master RAN node (MgNB) and the Secondary RAN node (SgNB) in case of PD for DC (e.g., Fig. 6), wherein each of the aforementioned MAC CE indicates the data behavior between a first PDCP entity and several RLC entities associated with said first PDCP entity, which corresponds to indicating whether PD is activated for the plurality of RLC entities corresponding to a particular PDCP entity with PD as shown in Fig. 6 & 13.Also, see Fig. 14, shows packet duplication in a combined Dual Connection (DC) and Channel Aggregation (CA) architecture, quite a contrast to applicant’s assertion at least at pages 9-12 of remarks as submitted on 02/04/2026.
Applicant further argues that Vrzic fails to teach,” wherein activation/deactivation states of the first data behavior, the second data behavior, and the third data behavior are same or different”.
Examiner agrees, however, in the analogous art, Kim et al. (2019/0394693 [Wingdings font/0xF3] a new reference), discloses the limitation as mapped in §103 rejection.
For reasons as explained supra, it is maintained that independent claims 1 and 18 is rejected under 35 U.S.C. 103 as being unpatentable over Vrzic, in view of Kim et al. (2019/0394693 [Wingdings font/0xF3] a new reference).
For similar reason, it is maintained that independent claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Vrzic, in view of Kim et al. (2019/0394693 [Wingdings font/0xF3] a 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
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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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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