Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to the amendment filed 07/22/2026.
Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 recites the limitation "a fourth data packet" in Line 8. There is insufficient antecedent basis for this limitation in the claim because the claim 1 does not have a first packet, a second packet, a third packet.
Clarification and Appropriate correction is required.
Claim 12 recites the limitation "a fourth data packet" in Line 7. There is insufficient antecedent basis for this limitation in the claim because the claim 12 does not have a first packet, a second packet, a third packet.
Clarification and Appropriate correction is required.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CHINA 202111406554.8, filed on 11/24/2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/21/2026 was filed after the mailing date of the Non Final Rejection on 04/22/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2-8, 10, 11, 12, 13, 14, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al. ( US RE50,723 E, hereinafter, Hong’s 723 ) in view of ZHU et al. ( US 20210022040, hereinafter, ZHU’s 040 ), and further in view of LI et al. ( US 20230232366, hereinafter, LI’s 366 ).
Regarding to the claim 1, Hong’s 723 teaches a data method, comprising:
performing, by the P-UE, data splitting or data duplication transmission according to the configuration information (generating information for configuring data duplicate transmission using the carrier aggregation, transmitting high layer signaling including the information for configuring the data duplicate transmission using the carrier aggregation to the user equipment ) [see col. 2, lines 53-55, and the abstract ] ;
wherein the configuration information is used to indicate at least one of:
a threshold for a volume of buffered data of the P-UE;
a split bearer configured by the network-side device for the P-UE [see col. 21] (The base station may provide related configuration information to the UE. For example, the base station may configure one or more RLC entities mapped to one data radio bearer (DRB) for the UE. The one or more RLC entities may be one or more RLC entities distinct from an SCG RLC entity provided for a split bearer in the typical dual connectivity.) ;
a split bearer configured by the network-side device for a PDCP entity being located at the P-UE;
the split bearer configured by the network-side device for the PDCP entity being located at the P-UE, the PDCP entity being associated with at least two RLC entities, and each of the RLC entities being located at a different P-UE or S-UE [see Col. 21] ;
a type of the split bearer configured by the network-side device;
a standardized interface being used between the P-UE and the S-UE;
a non-standardized interface being used between the P-UE and the S-UE;
a non-ideal interface being between the P-UE and the S-UE;
an ideal interface being between the P-UE and the S-UE;
a data splitting manner used by the P-UE; or
a data duplication manner used by the P-UE.
However, Hong’s 723 does not explicitly teach wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack architecture of the P-UE in a manner of data splitting or duplication.
ZHU’s 040, from the same or similar fields of endeavor, teaches wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack [see figures 6-7] architecture of the P-UE in a manner of data splitting or duplication [see Figure 12 and paragraph 0201].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the system of Hong’s 723 in view of ZHU’s 040 because ZHU’s 040 suggests that embodiments of this application provide a data transmission method and apparatus, to reduce wastes of transmission resources.
However, Hong’s 723 and ZHU’s 040 do not explicitly teach receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE (S-UE).
LI’s 366, from the same or similar fields of endeavor, teaches receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE [see Paragraph 0020] [also see the paragraphs 0007 & 0009 & 0015 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the combined system ( Hong’s 723 and ZHU’s 040), and further in view of LI’s 366 because LI’s 366 suggests that the present disclosure relates to methods and devices for enabling the user equipment to be configured with carrier aggregation based on a single base station and to perform duplicate transmission of user plane data or control plane data, and methods and devices for enabling the user equipment to transmit the buffer status report using the carrier aggregation based on the single base station.
Regarding to the claim 2, Hong’s 723 further teaches wherein before the performing data splitting or data duplication transmission, the method further comprises at least one of the following:
buffering, by the P-UE, data to be transmitted in a buffer of the P-UE [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ] ; or performing, by the P-UE, a buffer status report (BSR) reporting according to the volume of buffered data of the P-UE.
Regarding to the claim 3, Hong’s 723 further teaches wherein the performing data splitting or data duplication transmission, further comprises at least one of the following:
generating, by the P-UE, a first data packet in a manner of a data splitting or duplication according to the size of an uplink grant resource allocated for the P-UE by the network-side device, and transmitting the first data packet [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ] ;
receiving, by the P-UE, a data request transmitted by the S-UE according to the size of an uplink grant resource for the S-UE, generating a second data packet according to the size of the uplink grant resource and in a manner of a data splitting or duplication, and transmitting the second data packet to the S-UE; or
receiving, by the P-UE, scheduling information of the S-UE, determining the size of the uplink grant resource of the S-UE according to the scheduling information, generating a third data packet according to the size of the uplink grant resource and in a manner of a data splitting or duplication, and transmitting the third data packet to the S-UE.
Regarding to the claim 4, Hong’s 723 further teaches wherein the performing data splitting, comprises:
in a case that there are M-1 data volume thresholds and M Radio Link Control (RLC) entity sets, the M-1 data volume thresholds comprise a first threshold, a second threshold ... an (M-1)th threshold, the M RLC entity sets comprise a first RLC entity set, a second RLC entity set ... an Mth RLC entity set, and M is greater than 1, performing, by the P-UE, any of the following:
in a case that a volume of buffered data of the P-UE is lower than the first threshold, performing data transmission at the first RLC entity set;
in a case that a volume of buffered data of the P-UE is higher than or equal to the first threshold and lower than the second threshold, performing data transmission at the first RLC entity set and the second RLC entity set [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ] ;
in a case that a volume of buffered data of the P-UE is higher than or equal to the second threshold and lower than the third threshold, performing data transmission at the first RLC entity set, the second RLC entity set and the third RLC entity set;
and so on, in a case that a volume of buffered data of the P-UE is higher than the (M-1)th threshold, performing data transmission at the M RLC entity sets.
Regarding to the claim 5, Hong’s 723 further teaches wherein the performing data splitting comprises at least one of the following:
splitting, by the P-UE, data to the S-UE according to data transmission feedback information from the S-UE;
splitting, by the P-UE, data to the S-UE according to the data volume requested by the S-UE;
splitting, by the P-UE, data to the S-UE according to link quality fed back by the S-UE;
splitting, by the P-UE, data to the S-UE according to capability information transmitted by the S-UE;
splitting, by the P-UE, data to the S-UE according to negotiation information with the S-UE for data splitting; or
splitting, by the P-UE, data to the S-UE according to control information received from the network-side device for data splitting [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ].
Regarding to the claim 6, Hong’s 723 further teaches wherein the performing data splitting, comprises:
in a case that a first link quality threshold of the P-UE or the S-UE is configured, performing, by the P-UE, any of the following:
in a case that a signal measurement value of the P-UE or the S-UE is higher than or equal to the first link quality threshold, performing data transmission at an RLC entity and/or a transmission path of the P-UE [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ] ;
in a case that a signal measurement value of the P-UE or the S-UE is lower than the first link quality threshold, performing data transmission at an RLC entity and/or a transmission path of the P-UE, and an RLC entity and/or a transmission path of the S-UE, or, performing data transmission at an RLC entity and/or a transmission path of the S-UE;
or,
in a case that a second link quality threshold of the P-UE and a third link quality threshold of the S-UE are configured, performing, by the P-UE, any of the following:
in a case that a first condition is satisfied, or a second condition is not satisfied, performing data transmission at an RLC entity and/or a transmission path of the P-UE; or
in a case that the first condition is not satisfied, or the second condition is satisfied, performing data transmission at an RLC entity and/or a transmission path of the P-UE, and an RLC entity and/or a transmission path of the S-UE, or, performing data transmission at an RLC entity and/or a transmission path of the S-UE;
wherein, the first condition comprises that: a signal measurement value of the P- UE is higher than or equal to the second link quality threshold, and a signal measurement value of the S-UE is lower than the third link quality threshold; and
the second condition comprises that: a signal measurement value of the P-UE is lower than the second link quality threshold, and a signal measurement value of the S-UE is higher than or equal to the third link quality threshold.
Regarding to the claim 7, Hong’s 723 further teaches wherein the performing data splitting or data duplication transmission, comprises any of the following:
in a case that a packet data convergence protocol (PDCP) duplication function is configured for a radio bearer of the P-UE, the PDCP duplication function is activated and the P- -5- UE contains at least two RLC entities associated with a PDCP entity of the radio bearer, using, by the at least two RLC entities of the P-UE, corresponding component carrier (CC) groups thereof to perform transmission of duplicated data [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ] ; or
in a case that a PDCP duplication function is configured for a radio bearer of the P-UE, the PDCP duplication function is de-activated and the P-UE contains at least two RLC entities associated with a PDCP entity of the radio bearer, using, by a primary RLC entity of the P-UE, all activated CCs of the P-UE to perform transmission of split data; or,
wherein the performing data duplication transmission, comprises any of the following:
in a case that a PDCP duplication function is configured for a radio bearer of the P-UE, the radio bearer comprises L transmission paths, and the PDCP duplication function of the L transmission paths is activated, duplicating, by the P-UE, protocol data units (PDU) of PDCP data to be transmitted to L parts, and transmitting the duplicated L parts of PDUs of PDCP data in the L transmission paths, respectively;
in a case that a PDCP duplication function is configured for a radio bearer of the P-UE, the radio bearer comprises L transmission paths, and the PDCP duplication function of P transmission paths in the L transmission paths is activated, duplicating, by the P-UE, PDUs of PDCP data to be transmitted to P parts, and transmitting the duplicated P parts of PDUs of PDCP data in the P transmission paths, respectively;
wherein, L is greater than 2, and L is greater than P; and the P transmission paths comprise a primary transmission path of the radio bearer.
Regarding to the claim 8, Hong’s 723 further teaches wherein the performing data splitting or data duplication transmission, comprises any of the following:
in a case that an UP protocol stack architecture of the P-UE is a PDCP anchor architecture, performing, by the P-UE, data splitting or data duplication transmission at a data granularity of a PDCP PDU [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ] ;
in a case that an UP protocol stack architecture of the P-UE is an RLC anchor architecture, performing, by the P-UE, data splitting or data duplication transmission at the data granularity of an RLC PDU; or
in a case that an UP protocol stack architecture of the P-UE is an MAC anchor architecture, performing, by the P-UE, data splitting or data duplication transmission at the data granularity of an MAC PDU.
Regarding to the claim 10, Hong’s 723 further teaches receiving, by the P-UE, indication information from the network-side device, wherein the indication information is used to indicate the P-UE to activate or de-activate a duplication function [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ].
Regarding to the claim 11, Hong’s 723 further teaches wherein the configuration information is further used to indicate at least one of the following:
configuring a duplication function for a radio bearer of the P-UE, or, not configuring a duplication function for a radio bearer of the P-UE [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ];
a protocol layer with the duplication function;
a primary RLC entity of the radio bearer of the P-UE;
conditions for data splitting;
a threshold for data splitting.
Regarding to the claim 12, Hong’s 723 teaches a data transmission method, comprising:
performing, by the P-UE, data transmission according to the configuration information (generating information for configuring data duplicate transmission using the carrier aggregation, transmitting high layer signaling including the information for configuring the data duplicate transmission using the carrier aggregation to the user equipment ) [see col. 2, lines 53-55, and the abstract ] ;
wherein the configuration information is used to indicate at least one of:
a threshold for a volume of buffered data of the P-UE;
a split bearer configured by the network-side device for the P-UE [see col. 21] (The base station may provide related configuration information to the UE. For example, the base station may configure one or more RLC entities mapped to one data radio bearer (DRB) for the UE. The one or more RLC entities may be one or more RLC entities distinct from an SCG RLC entity provided for a split bearer in the typical dual connectivity.) ;
a split bearer configured by the network-side device for a PDCP entity being located at the P-UE;
the split bearer configured by the network-side device for the PDCP entity being located at the P-UE, the PDCP entity being associated with at least two RLC entities, and each of the RLC entities being located at a different P-UE or S-UE [see Col. 21] ;
a type of the split bearer configured by the network-side device;
a standardized interface being used between the P-UE and the S-UE;
a non-standardized interface being used between the P-UE and the S-UE;
a non-ideal interface being between the P-UE and the S-UE;
an ideal interface being between the P-UE and the S-UE;
a data splitting manner used by the P-UE; or
a data duplication manner used by the P-UE.
However, Hong’s 723 does not explicitly teach wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack architecture of the P-UE in a manner of data splitting or duplication.
ZHU’s 040, from the same or similar fields of endeavor, teaches wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack [see figures 6-7] architecture of the P-UE in a manner of data splitting or duplication [see Figure 12 and paragraph 0201].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the system of Hong’s 723 in view of ZHU’s 040 because ZHU’s 040 suggests that embodiments of this application provide a data transmission method and apparatus, to reduce wastes of transmission resources.
However, Hong’s 723 and ZHU’s 040 do not explicitly teach receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE (S-UE).
LI’s 366, from the same or similar fields of endeavor, teaches receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE [see Paragraph 0020] [also see the paragraphs 0007 & 0009 & 0015 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the combined system ( Hong’s 723 and ZHU’s 040), and further in view of LI’s 366 because LI’s 366 suggests that the present disclosure relates to methods and devices for enabling the user equipment to be configured with carrier aggregation based on a single base station and to perform duplicate transmission of user plane data or control plane data, and methods and devices for enabling the user equipment to transmit the buffer status report using the carrier aggregation based on the single base station.
Regarding to the claim 13, Hong’s 723 further teaches wherein the performing data transmission, comprises:
in a case that a PDCP duplication function is configured for a radio bearer of the P-UE, the PDCP duplication function is activated and the S-UE contains at least two RLC entities associated with a PDCP entity of the radio bearer, using, by the at least two RLC entities of the S-UE, corresponding CC groups thereof to perform transmission of duplicated data [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ];
or,
in a case that a PDCP duplication function is configured for a radio bearer of the P-UE, the PDCP duplication function is de-activated and the S-UE contains at least two RLC entities associated with a PDCP entity of the radio bearer, using, by a primary RLC entity of the S-UE, all activated CCs of the S-UE to perform transmission of split data;
or,
wherein the configuration information is further used to indicate at least one of the following:
configuring a duplication function for a radio bearer of the P-UE, or, not configuring a duplication function for a radio bearer of the P-UE;
a protocol layer with the duplication function;
a primary RLC entity of the radio bearer of the P-UE;
conditions for data splitting;
a threshold for data splitting.
Regarding to the claim 14, Hong’s 723 further teaches receiving, by the S-UE, scheduling information from the network-side device; wherein the scheduling information is used to indicate an uplink grant resource allocated for the S-UE;
transmitting, by the S-UE, a data request to the P-UE according to the size of the uplink grant resource; and
receiving, by the S-UE, a second data packet from the P-UE, wherein the second data packet is generated by the P-UE according to the size of the uplink grant resource; or,
wherein the method further comprises:
S-UE transmitting, by the S-UE, first information to the P-UE [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ];
receiving, by the S-UE, data splitting by the P-UE according to the first information; wherein the first information comprises at least one of the following:
data transmission feedback information;
the data volume requested; link quality; or
capacity information [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ].
Regarding to the claim 18, Hong’s 723 teaches a UE UE, comprising: a processor and a memory, the memory storing programs or instructions capable of running on the processor, and the program or instruction, when executed by the processor, implementing the steps of:
performing, by the P-UE, data splitting or data duplication transmission according to the configuration information (generating information for configuring data duplicate transmission using the carrier aggregation, transmitting high layer signaling including the information for configuring the data duplicate transmission using the carrier aggregation to the user equipment ) [see col. 2, lines 53-55, and the abstract ] ;
wherein the configuration information is used to indicate at least one of:
a threshold for a volume of buffered data of the P-UE;
a split bearer configured by the network-side device for the P-UE [see col. 21] (The base station may provide related configuration information to the UE. For example, the base station may configure one or more RLC entities mapped to one data radio bearer (DRB) for the UE. The one or more RLC entities may be one or more RLC entities distinct from an SCG RLC entity provided for a split bearer in the typical dual connectivity.) ;
a split bearer configured by the network-side device for a PDCP entity being located at the P-UE;
the split bearer configured by the network-side device for the PDCP entity being located at the P-UE, the PDCP entity being associated with at least two RLC entities, and each of the RLC entities being located at a different P-UE or S-UE [see Col. 21] ;
a type of the split bearer configured by the network-side device;
a standardized interface being used between the P-UE and the S-UE;
a non-standardized interface being used between the P-UE and the S-UE;
a non-ideal interface being between the P-UE and the S-UE;
an ideal interface being between the P-UE and the S-UE;
a data splitting manner used by the P-UE; or
a data duplication manner used by the P-UE.
However, Hong’s 723 does not explicitly teach wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack architecture of the P-UE in a manner of data splitting or duplication.
ZHU’s 040, from the same or similar fields of endeavor, teaches wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack [see figures 6-7] architecture of the P-UE in a manner of data splitting or duplication [see Figure 12 and paragraph 0201].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the system of Hong’s 723 in view of ZHU’s 040 because ZHU’s 040 suggests that embodiments of this application provide a data transmission method and apparatus, to reduce wastes of transmission resources.
However, Hong’s 723 and ZHU’s 040 do not explicitly teach receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE (S-UE).
LI’s 366, from the same or similar fields of endeavor, teaches receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE [see Paragraph 0020] [also see the paragraphs 0007 & 0009 & 0015 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the combined system ( Hong’s 723 and ZHU’s 040), and further in view of LI’s 366 because LI’s 366 suggests that the present disclosure relates to methods and devices for enabling the user equipment to be configured with carrier aggregation based on a single base station and to perform duplicate transmission of user plane data or control plane data, and methods and devices for enabling the user equipment to transmit the buffer status report using the carrier aggregation based on the single base station.
Regarding to the claim 19, Hong’s 723 teaches a UE, UE, comprising: a processor and a memory, the memory storing programs or instructions capable of running on the processor, and the program or instruction, when executed by the processor, implementing the steps of:
performing, by the P-UE, data transmission according to the configuration information (generating information for configuring data duplicate transmission using the carrier aggregation, transmitting high layer signaling including the information for configuring the data duplicate transmission using the carrier aggregation to the user equipment ) [see col. 2, lines 53-55, and the abstract ] ;
wherein the configuration information is used to indicate at least one of:
a threshold for a volume of buffered data of the P-UE;
a split bearer configured by the network-side device for the P-UE [see col. 21] (The base station may provide related configuration information to the UE. For example, the base station may configure one or more RLC entities mapped to one data radio bearer (DRB) for the UE. The one or more RLC entities may be one or more RLC entities distinct from an SCG RLC entity provided for a split bearer in the typical dual connectivity.) ;
a split bearer configured by the network-side device for a PDCP entity being located at the P-UE;
the split bearer configured by the network-side device for the PDCP entity being located at the P-UE, the PDCP entity being associated with at least two RLC entities, and each of the RLC entities being located at a different P-UE or S-UE [see Col. 21] ;
a type of the split bearer configured by the network-side device;
a standardized interface being used between the P-UE and the S-UE;
a non-standardized interface being used between the P-UE and the S-UE;
a non-ideal interface being between the P-UE and the S-UE;
an ideal interface being between the P-UE and the S-UE;
a data splitting manner used by the P-UE; or
a data duplication manner used by the P-UE.
However, Hong’s 723 does not explicitly teach wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack architecture of the P-UE in a manner of data splitting or duplication.
ZHU’s 040, from the same or similar fields of endeavor, teaches wherein the performing data splitting or data duplication transmission comprises: transmitting, by the P-UE, a fourth data packet to the S-UE according to a user plane (UP) protocol stack [see figures 6-7] architecture of the P-UE in a manner of data splitting or duplication [see Figure 12 and paragraph 0201].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the system of Hong’s 723 in view of ZHU’s 040 because ZHU’s 040 suggests that embodiments of this application provide a data transmission method and apparatus, to reduce wastes of transmission resources.
However, Hong’s 723 and ZHU’s 040 do not explicitly teach receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE (S-UE).
LI’s 366, from the same or similar fields of endeavor, teaches receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE [see Paragraph 0020] [also see the paragraphs 0007 & 0009 & 0015 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the combined system ( Hong’s 723 and ZHU’s 040), and further in view of LI’s 366 because LI’s 366 suggests that the present disclosure relates to methods and devices for enabling the user equipment to be configured with carrier aggregation based on a single base station and to perform duplicate transmission of user plane data or control plane data, and methods and devices for enabling the user equipment to transmit the buffer status report using the carrier aggregation based on the single base station.
Claim(s) 15, 16, 17, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al. ( US RE50,723 E, hereinafter, Hong’s 723 ) in view of LI et al. ( US 20230232366, hereinafter, LI’s 366 ).
Regarding to the claim 15, Hong’s 723 teaches a configuration method, comprising:
transmitting, by a network-side device, configuration information to a primary user equipment (P-UE) and/or a secondary user equipment (S-UE) (generating information for configuring data duplicate transmission using the carrier aggregation, transmitting high layer signaling including the information for configuring the data duplicate transmission using the carrier aggregation to the user equipment ) [see col. 2, lines 53-55, and the abstract ] ;
wherein the configuration information is used to indicate at least one of:
a threshold for a volume of buffered data of the P-UE;
a split bearer configured by the network-side device for the P-UE [see col. 21] (The base station may provide related configuration information to the UE. For example, the base station may configure one or more RLC entities mapped to one data radio bearer (DRB) for the UE. The one or more RLC entities may be one or more RLC entities distinct from an SCG RLC entity provided for a split bearer in the typical dual connectivity.) ;
a split bearer configured by the network-side device for a PDCP entity being located at the P-UE;
the split bearer configured by the network-side device for the PDCP entity being located at the P-UE, the PDCP entity being associated with at least two RLC entities, and each of the RLC entities being located at a different P-UE or S-UE [see Col. 21] ;
a type of the split bearer configured by the network-side device;
a standardized interface being used between the P-UE and the S-UE;
a non-standardized interface being used between the P-UE and the S-UE;
a non-ideal interface being between the P-UE and the S-UE;
an ideal interface being between the P-UE and the S-UE;
a data splitting manner used by the P-UE; or
a data duplication manner used by the P-UE.
However, Hong’s 723 does not explicitly teach receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE (S-UE).
LI’s 366, from the same or similar fields of endeavor, teaches receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE [see Paragraph 0020] [also see the paragraphs 0007 & 0009 & 0015 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the system of Hong’s 723 in view of LI’s 366 because LI’s 366 suggests that the present disclosure relates to methods and devices for enabling the user equipment to be configured with carrier aggregation based on a single base station and to perform duplicate transmission of user plane data or control plane data, and methods and devices for enabling the user equipment to transmit the buffer status report using the carrier aggregation based on the single base station.
Regarding to the claim 16, Hong’s 723 further teaches transmitting, by a network-side device, indication information to the P-UE, the indication information being used to indicate the P-UE to activate or de-activate a duplication function [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ].
Regarding to the claim 17, Hong’s 723 further teaches wherein the method further comprises any of the following:
allocating, by the network-side device, uplink grant resources for the P-UE and the S-UE according to a BSR of the P-UE [see col. 11, lines 50-67, col. 12, lines 37-67, col. 13, lines 30-67, col. 14, lines 1-25, col. 15, lines 15-50 ] ;
allocating, by the network-side device, an uplink grant resource for the P-UE according to a BSR of the P-UE, and allocating an uplink grant resource for the S-UE according to a BSR of the S-UE; or
in a case that a duplication function is activated, allocating, by the network-side device, uplink grant resources of the same size for the P-UE and the S-UE.
Regarding to the claim 20, Hong’s 723 teaches a network-side device, comprising: a processor and a memory, the memory storing programs or instructions capable of running on the processor, and the program or instruction, when executed by the processor, implementing the steps of:
transmitting, by a network-side device, configuration information to a primary user equipment (P-UE) and/or a secondary user equipment (S-UE) (generating information for configuring data duplicate transmission using the carrier aggregation, transmitting high layer signaling including the information for configuring the data duplicate transmission using the carrier aggregation to the user equipment ) [see col. 2, lines 53-55, and the abstract ] ;
wherein the configuration information is used to indicate at least one of:
a threshold for a volume of buffered data of the P-UE;
a split bearer configured by the network-side device for the P-UE [see col. 21] (The base station may provide related configuration information to the UE. For example, the base station may configure one or more RLC entities mapped to one data radio bearer (DRB) for the UE. The one or more RLC entities may be one or more RLC entities distinct from an SCG RLC entity provided for a split bearer in the typical dual connectivity.) ;
a split bearer configured by the network-side device for a PDCP entity being located at the P-UE;
the split bearer configured by the network-side device for the PDCP entity being located at the P-UE, the PDCP entity being associated with at least two RLC entities, and each of the RLC entities being located at a different P-UE or S-UE [see Col. 21] ;
a type of the split bearer configured by the network-side device;
a standardized interface being used between the P-UE and the S-UE;
a non-standardized interface being used between the P-UE and the S-UE;
a non-ideal interface being between the P-UE and the S-UE;
an ideal interface being between the P-UE and the S-UE;
a data splitting manner used by the P-UE; or
a data duplication manner used by the P-UE.
However, Hong’s 723 does not explicitly teach receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE (S-UE).
LI’s 366, from the same or similar fields of endeavor, teaches receiving, by a primary user equipment (P-UE), configuration information from a network-side device, wherein the P-UE is capable of performing joint data transmission with a secondary UE [see Paragraph 0020] [also see the paragraphs 0007 & 0009 & 0015 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the system of Hong’s 723 in view of LI’s 366 because LI’s 366 suggests that the present disclosure relates to methods and devices for enabling the user equipment to be configured with carrier aggregation based on a single base station and to perform duplicate transmission of user plane data or control plane data, and methods and devices for enabling the user equipment to transmit the buffer status report using the carrier aggregation based on the single base station.
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art fails to disclose wherein the performing data splitting or data duplication transmission, comprises:
in a case that uplink grant resources of the P-UE and uplink grant resources of the S-UE are in different sizes, performing, by the P-UE, data splitting;
or,
in a case that uplink grant resources of the P-UE and uplink grant resources of the S-UE are in the same size, performing, by the P-UE, data duplication transmission.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG T HO whose telephone number is (571)272-3133. The examiner can normally be reached 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUONG T HO/Examiner, Art Unit 2412
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