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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot based on the new grounds of rejection. Furthermore, the Official Notice presented as to generating a second form of data to be transmitted to an application layer according to a first form of data received through a modem and the presentation layer of the OSI model is responsible for converting incoming date transmitted by the physical layer into a format that can be understood by the application layer, and vice versa, was not traversed and is accordingly taken as an admission of the fact noted.
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.
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.
Claims 1-2 and 5-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dao US 20170332282 in view of Wang et al (hereinafter Wang) US 20140189692.
Referring to claim 1, Dao discloses an information transmission method, comprising:
obtaining, by a terminal, transmission parameter information (see Paragraph 0146 for disclosing obtaining, by a terminal/user equipment (UE), transmission parameter information including a negotiated/agreed upon average bit rate (ABR) and maximum bit rate (MBR) of the UE audio/video codecs), where the transmission parameter information is used to determine an air interface transmission parameter of video service data (see Fig. 1 and Paragraphs 0101, 0109, 0115, 0117-0118, 0122, 0139 for disclosing the ABR+MBR is used in negotiation between the UE and the control plane (CP) function within the Core Network (CN) during connection setup and during transmission, wherein based on the negotiated/agreed upon rate, or the Effective Bit Rate (EBR), and load conditions of the network the allocation of radio/air resources (e.g., ) via the Radio Access Network (RAN) are optimized); and
transmitting, by the terminal, the transmission parameter information to a network side device (see Paragraphs 0146-0147 for disclosing the UE transmits the transmission parameter information/ negotiated/agreed upon ABR+MBR to a network side device/control plane (further disclosed in Fig. 1 and Paragraphs 0093 and 0103 to have device(s) configured to transmit and receive network-side/control plane communications and processing circuitry)).
Dao is unclear as to the transmission parameter information comprising a quantity of pictures frames per second in the video service data.
Wang discloses transmission parameter information comprising a quantity of pictures frames per second in the video service data (see Paragraph 0050 for disclosing frames per second (fps) is a transmission parameter that is a determining factor for transmission rates).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to incorporate the fps determining transmission rates of Wang with the system of Dao in order to generate quality of service (QoS) requirement information for data transmission between the user equipment (UE) and the network cloud, and use the information to optimize a wireless air interface and a wireless network by using a QoS technology of a wireless cellular network, optimize utilization of wireless resources, and provide the required QoS guarantee for the UE as much as possible (see Wang, Paragraph 0052).
Referring to claim 2, Dao discloses before the obtaining, by a terminal, transmission parameter information, the method further comprises receiving, by the terminal, a first rate adjustment request transmitted by the network side device, wherein the first rate adjustment request is used to request the terminal to adjust a transmission parameter of the video service data, and the obtaining, by a terminal, transmission parameter information comprises obtaining, by the terminal, the transmission parameter information based on the first rate adjustment request (see Paragraph 0147 for disclosing before the obtaining of the negotiated/agreed upon transmission parameter information, the UE receives a first rate adjustment request (e.g., messages between the CP and the UE for either a higher or lower data rate) transmitted by the network side device/CP, where the first rate adjustment request is used to request the UE to adjust a transmission parameter/bitrate of the video service data/video codec, and obtaining, by the UE, the negotiated/agreed upon data rates based on the first rate adjustment request from the CP).
Referring to claim 5, Dao discloses before the receiving, by the terminal, a first rate adjustment request transmitted by the network side device, the method further comprises transmitting, by the terminal, first information, wherein the first information indicates information about a rate at which the terminal transmits the video service data (see Paragraph 0146 for disclosing before the adjustment request by the CP, the terminal transmits first information indicated capability information about rates at which the audio and video codecs of the terminal are capable of transmitting video service data).
Referring to claim 6, Dao discloses the first information comprises an adjustment range of the rate at which the terminal transmits the video service data (see the rejection of claim 5, as the interpretation of “an adjustment range at which the terminal transmits the video service data” is equivalent to the information representing the rates at which the UE is capable of transmitting using the audio/video codecs of the UE).
Referring to claim 7, Dao discloses the transmission parameter information comprises at least one of the following a transmission rate of the video service data as seen in the rejection of claim 1.
Referring to claim 8, Dao discloses the first rate adjustment request comprises a target data rate or an acceptable highest rate of the video service data (see Paragraph 0147 for disclosing the first rate adjustment request comprises a data rate that has a target as lower or higher than an initial rate).
Referring to claim 9, Dao discloses the first rate adjustment request comprises a video rate decrease request or a video rate increase request (as seen in the rejection of claim 8).
Referring to claim 10, Dao discloses in a case that the terminal is a video service data receiving end, the transmission parameter information is obtained by the terminal from a video service data transmitting end (see the rejection of claim 1 and Paragraphs 0082-0084, wherein the terminal is the user equipment/video service data received end, and the negotiated/agreed upon ABR+MBR is obtained by the terminal through negotiations from/with a video service data transmitting end/control plane functions/devices of the core network).
Referring to claim 11, Dao discloses the terminal is the video service data receiving end, and before the obtaining, by a terminal, transmission parameter information, the method further comprises transmitting, by the terminal, a third rate adjustment request to the video service data transmitting end, wherein the third rate adjustment request is used to request to adjust a transmission parameter of the video service data (see the rejection of claims 2 and 10, and Paragraphs 0124 and 0147 for disclosing the terminal is the user equipment/video service data received end, and before obtaining the negotiated/agreed upon ABR+MBR, Dao discloses at any point during the session (i.e., can be interpreted as any number of requests) the terminal/UE can transmit a rate adjustment request to adjust a data rate of the video service data).
Referring to claim 12, Dao discloses the third rate adjustment request comprises a target data rate wherein the third rate adjustment request comprises at least one of the following a video rate decrease request or a video rate increase request (as seen in the rejection of claim 11, further noting a data rate change must be higher/increased or lower/decreased from a current rate).
Claim 13 is rejected on the same grounds as claim 1, further noting claim 13 presents the same claim limitations as seen in the rejection of claim 1 from the perspective of the network side device rather than the terminal.
Claim 14 is rejected on the same grounds as claim 2.
Claim 15 is rejected on the same grounds as claim 5.
Claim 16 is rejected on the same grounds as claim 6.
Claim 17 is rejected on the same grounds as claim 7.
Claim 18 is rejected on the same grounds as claims 8 and 9.
Claim 19 is rejected on the same grounds as claim 1, further noting Dao discloses a terminal, comprising a processor and a memory, the memory storing a program or instructions executable by the processor, wherein the program or the instructions (see the rejection of claim 1 and Paragraphs 0013, 0053, 0289, and 0302-0303), when executed by the processor, causes the terminal to perform the method as seen in the rejection of claim 1.
Claim 20 is rejected on the same grounds as claim 13, further noting Dao discloses a network side device, comprising a processor and a memory, the memory storing a program or instructions executable by the processor (see the rejection of claim 13 and Paragraphs 0013, 0053, 0289, and 0302-0303), wherein the program or the instructions implement steps of the information transmission method as seen in the rejection of claim 13.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Dao US 20170332282 in view of Wang et al (hereinafter Wang) US 20140189692, and further in view of Applicant-admitted prior art (hereinafter APA).
Referring to claim 3, Dao in view of Wang discloses the first rate adjustment request is a rate adjustment request received by a modem of the terminal and the obtaining, by a terminal, transmission parameter information and determining, by the terminal, the transmission parameter information based on the rate adjustment request (as seen in the rejection of claim 2, further noting Paragraph 0052 of Dao discloses the network connections by which the terminal/user equipment computer communicates with the control plane functions/device of the core network is over cellular networks, thereby requiring the user equipment include a modem in order to modulate/demodulate all communications from this network).
Dao in view of Wang is unclear as to generating a second data according to the first data received through the modem of the terminal and transmitting the second data to an application layer of the terminal through the modem.
APA discloses generating a second form of data to be transmitted to an application layer according to a first form of data received through a modem is well known in the art. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Dao in view of Wang to incorporate the use of the widely known reference model, the Open System Interconnection (OSI) model, which provides a common basis for the coordination of standards development for the purpose of systems interconnection, so that modulated data received by the modem at the physical layer is converted into data that is understandable at the application layer.
Referring to claim 4, Dao in view of Wang discloses the terminal , the rate adjustment request, the modem, and the application as seen in the rejection of claim 3. The use of the OSI model disclosed by APA as to the relevant subject matter of claim 3, discloses an adaptation/Presentation layer located between the application layer and the modem/Physical layer, the adaptation layer is configured to convert the incoming data transmitted by the modem into a format that can be parsed by the application layer, and/or, convert outgoing data transmitted by the application layer into a format that can be parsed by the modem/physical layer. In the event that is argued that the grounds of claim 3 does not include the teaching of the presentation layer of the OSI model, APA further discloses the presentation layer of the OSI model is responsible for converting incoming date transmitted by the physical layer into a format that can be understood by the application layer, and vice versa. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Dao in view of Wang to incorporate the use of the widely known reference model, the Open System Interconnection (OSI) model, which provides a common basis for the coordination of standards development for the purpose of systems interconnection, so that modulated data received by the modem at the physical layer is converted into data that is understandable at the application layer.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 NICHOLAS T CORBO whose telephone number is (571)270-5675. The examiner can normally be reached on Monday - Friday 11am-7pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached on 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS T CORBO/
Primary Examiner, Art Unit 2424
06/16/2026
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