DETAILED ACTION
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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 8, 10, 11, 15, 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Qiao et al. “Qiao” WO 2021/035206.
Regarding claims 1, 17, 18, Qiao teaches a data transmission method, medium (claim 292) and electronic with a processor and memory (Figure 3) configured to:
in response to that the mobile terminal and a core network element both have a capability of Access Traffic Steering, Switching, Splitting (ATSSS), monitoring whether an ATSSS rule table issued by the core network element is received, wherein the ATSSS rule table comprises information for indicating a steering mode and information for indicating data transmission, and the information for indicating data transmission is determined according to a network load (Paragraphs 138 and 153 teaches a UE and various network components using ATSSS policy rules for. Based on the received policy rules, the UE and can determine appropriate access networks to use for traffic steering, switching and splitting. Paragraph 161 further teaches the capabilities of the network and the UE with respect to ATSSS. Paragraphs 149-152 teach the idea of various loads); and
in response to that the ATSSS rule table issued by the core network element is received, allocating a data packet to at least one of channels corresponding to a data master card and a data secondary card for transmission according to the information for indicating the steering mode and the information for indicating the data transmission in the ATSSS rule table (the ATSSS rule can be used to determine user traffic distribution for example to steer traffic over a selected first/second network; Paragraphs 138 and 147. Paragraphs 149-152 shows various modes and how traffic is steered. Thus one can see a UE, in response to the ATSSS, will send data to a first or second network and utilize a plurality of different modes. This is viewed as allocating a data packet on at least one channel based on steering. Any transmission can be viewed as the master or secondary card transmission).
Regarding claim 2, Qiao teaches before monitoring whether the ATSSS rule table issued by the core network element is received, receiving first information sent by the core network element, wherein the first information indicates whether the core network element has the capability of ATSSS (during the registration process (i.e. before monitoring the ATSSS table), the AMF sends ATSSS capabilities of the network to the UE; Paragraph 212 and step 2320 of Figure 23); and
in response to that the first information indicates that the core network element has the capability of ATSSS, sending second information to the core network element, wherein the second information indicates whether the mobile terminal has the capability of ATSSS (in response to receiving the registration accept message, the UE sends its ATSSS capabilities; 2330 of Figure 23, see also paragraph 212).
Regarding claim 8, Qiao teaches the information for indicating the data transmission comprises priority information of the data master card and priority information of the data secondary card (Paragraphs 168 and 183 disclose various priorities for the transmission of data. For steering mode (smallest delay), the allocation of data is given to the highest priority);
the allocating a data packet to at least one of channels corresponding to a data master card and a data secondary card for transmission according to the information for indicating the steering mode and the information for indicating the data transmission comprises: in response to that the information for indicating the steering mode is information for indicating a smallest delay mode, allocating the data packet to the channel with a highest priority in the channels corresponding to the data master card and the data secondary card for transmission (paragraph 183 teaches for the smallest delay mode in steering, priority is given to the highest port for transmission).
Regarding claims 10, 19, 20, Qiao teaches a data transmission method, medium (claim 292) applied to a core network element, and electronic device with a processor and memory (Figure 3) configured to:
in response to that a mobile terminal and the core network element both have a capability of Access Traffic Steering, Switching, Splitting (ATSSS), determining information for indicating data transmission is determined according to a network load (Paragraphs 138 and 153 teaches a UE and various network components using ATSSS policy rules for. Based on the received policy rules, the UE and can determine appropriate access networks to use for traffic steering, switching and splitting. Paragraph 161 further teaches the capabilities of the network and the UE with respect to ATSSS. Paragraphs 149-152 teach the idea of various loads. Thus one can see a network element would determine this information); and
issuing an ATSSS rule table to the mobile, wherein the rule table includes information indicating the steering mode and the information for indicating the data transmission (the ATSSS rule can be used to determine user traffic distribution for example to steer traffic over a selected first/second network; Paragraphs 138 and 147. Paragraphs 149-152 shows various modes and how traffic is steered).
Regarding claim 11, Qiao teaches before determining the network load, sending first information to the mobile terminal, wherein the first information indicates whether the core network element has the capability of ATSSS (during the registration process (i.e. before monitoring the ATSSS table), the AMF sends ATSSS capabilities of the network to the UE; Paragraph 212 and step 2320 of Figure 23); and
Receiving second information from the mobile terminal indicating whether the mobile terminal has the capability of ATSSS (in response to receiving the registration accept message, the UE sends its ATSSS capabilities; 2330 of Figure 23, see also paragraph 212).
Regarding claim 15, Qiao teaches the information for indicating the data transmission comprises priority information of the data master card and priority information of the data secondary card (Paragraphs 168 and 183 disclose various priorities for the transmission of data. For steering mode (smallest delay), the allocation of data is given to the highest priority).
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) 3-6, 9, 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiao in view of Sun US 2021/0289411.
Regarding claim 3, Qiao teaches wherein the information for indicating the data transmission comprises allocating a data packet to at least one of channels corresponding to a data master card and a data secondary card for transmission according to the information for indicating the steering mode (the ATSSS rule can be used to determine user traffic distribution for example to steer traffic over a selected first/second network; Paragraphs 138 and 147. Paragraphs 149-152 shows various modes and how traffic is steered. Thus one can see a UE, in response to the ATSSS, will send data to a first or second network and utilize a plurality of different modes. This is viewed as allocating a data packet on at least one channel based on steering. Any transmission can be viewed as the master or secondary card transmission) and the information for indicating the data transmission in the ATSSS rule table comprises:
in response to that the information for indicating the steering mode is information for indicating a load balancing mode, allocating the data packet to the channels corresponding to the data master card and the data secondary card for transmission (the ATSSS rule can be used to determine user traffic distribution for example to steer traffic over a selected first/second network; Paragraphs 138 and 147. Paragraphs 149-152 shows various modes and how traffic is steered. Thus one can see a UE, in response to the ATSSS, will send data to a first or second network and utilize a plurality of different modes).
Qiao does not expressly disclose a dual-card speed ratio and the allocation being done according to the ratio; however, Sun teaches that based on a certain ratio between a primary and secondary card (i.e. dual card), data transmission is performed by the first and second cards; Paragraphs 29 and 33, see also S22 of Figure 2. Paragraph 15 further teaches DSDA).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include DSDA and create sessions based on the evaluations of two cards as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as taught by Sun; Paragraph 29.
Regarding claim 4, Qiao does not teach the limitations of claim 4; however, Sun teaches wherein the information for indicating the data transmission further comprises a speed threshold for triggering dual SIM dual active (DSDA) (paragraph 15 teaches a DSDA configuration utilizing a first and second card. Thresholds are used to determine first and second card compensation for quality), the method further comprises:
before monitoring whether the ATSSS rule table issued by the core network element is received, creating a first session for the data master card; and before allocating the data packet to the channels corresponding to the data master card and the data secondary card for transmission according to the dual-card speed ratio, detecting an internet speed of the data master card (an evaluation of the transmission quality of the primary card (i.e. master card) is determined; See S11 and Paragraphs 21-29); and
in response to that the internet speed of the data master card is greater than the speed threshold for triggering DSDA, creating a second session for the data secondary card (Based on a certain ratio, data transmission is performed by the first and second cards; Paragraphs 29 and 33, see also S22 of Figure 2. Thus a first and second session would be created for the primary/secondary cards).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include DSDA and create sessions based on the evaluations of two cards as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as taught by Sun; Paragraph 29.
Regarding claim 5, Qiao does not teach the limitations of claim 5; however, Sun teaches a speed threshold for closing the DSDA (Based on a certain ratio, data transmission is performed by the first and second cards; Paragraphs 29 and 33, see also S22 of Figure 2); and
after allocating the data packet to the channels corresponding to the data master card and the data secondary card for transmission according to the dual-card speed ratio, detecting an internet speed of the mobile terminal (S12, 22 and 23 show data transmission being performed for DSDA on the first and secondary cards. After this, the system continues to monitor the quality of the primary car quality and if the quality is higher than the threshold, the data transmission performed by the primary car is restored (i.e. closing the DSDA); Paragraph 51); and
in response to that the internet speed of the mobile terminal is less than the speed threshold for closing DSDA, releasing a second session of the data secondary card (After this, the system continues to monitor the quality of the primary car quality and if the quality is higher than the threshold, the data transmission performed by the primary car is restored (i.e. closing the DSDA); Paragraph 51).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include determining to close the DSDA based on a speed threshold as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as needed and later restored on the primary card as taught by Sun; Paragraphs 29 and 51.
Regarding claim 6, While Qiao teaches sending information to the network, Qiao does not disclose creating a first and second session and enabling DSDA; however, Sun teaches that based on a certain ratio between a primary and secondary card (i.e. dual card), data transmission is performed by the first and second cards (i.e. sessions created); Paragraphs 29 and 33, see also S22 of Figure 2. Paragraph 15 further teaches DSDA. Figure 1 and paragraph 18 further teaches the terminal being configured based on DSDA. This infers this information is known in the system (thus notification send)).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include creating sessions based on the evaluations of two cards as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as taught by Sun; Paragraph 29.
Regarding claim 9, Qiao teaches sending information to enable smallest delay mode (Paragraph 183). Qiao does not disclose creating a first and second session; however, Sun teaches that based on a certain ratio between a primary and secondary card (i.e. dual card), data transmission is performed by the first and second cards (i.e. sessions created); Paragraphs 29 and 33, see also S22 of Figure 2. Paragraph 15 further teaches DSDA).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include creating sessions based on the evaluations of two cards as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as taught by Sun; Paragraph 29.
Regarding claim 12, Qiao teaches sending information to enable smallest delay mode (Paragraph 183). Qiao does not disclose the sending of the enabling of DSDA; however, Sun teaches that based on a certain ratio between a primary and secondary card (i.e. dual card), data transmission is performed by the first and second cards (i.e. sessions created); Paragraphs 29 and 33, see also S22 of Figure 2. Paragraph 15 further teaches DSDA).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include sending DSDA as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as taught by Sun; Paragraph 29.
Regarding claim 13, Qiao does not expressly disclose a dual-card speed ratio; however, Sun teaches that based on a certain ratio between a primary and secondary card (i.e. dual card), data transmission is performed by the first and second cards; Paragraphs 29 and 33, see also S22 of Figure 2. Paragraph 15 further teaches DSDA).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include DSDA and create sessions based on the evaluations of two cards as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as taught by Sun; Paragraph 29.
Regarding claim 14, Qiao does not teachthe information includes a speed threshold for triggering DSDA; however, Sun teaches wherein the information for indicating the data transmission further comprises a speed threshold for triggering dual SIM dual active (DSDA) (paragraph 15 teaches a DSDA configuration utilizing a first and second card. Thresholds are used to determine first and second card compensation for quality).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Qiao to include DSDA as taught by Sun.
One would be motivated to make the modification such that poor data transmission can be compensated as taught by Sun; Paragraph 29.
Allowable Subject Matter
Claims 7 and 16 are 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.
Conclusion
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/BRANDON M RENNER/Primary Examiner, Art Unit 2411