DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the communication filed on 4/8/2026. Claims 1, 23-40, 44 are pending in this application.
Examiner Note
The examiner is here to serve, to assist, and to help applicant to the very best of his ability. The Primary Patent Examiner position is a position of serving and it is an honor to externally serve the applicant and attorney and to internally serve junior examiners and supervisors. The goal of the examiner is to work with and assist applicant to move cases along as efficiently as possible.
Applicant is encouraged to call examiner to schedule an interview if applicant has any questions about this action, wants to discuss any possible paths forward, has proposed amendments to the claims to run by the examiner, or for any other issues that applicant would like to discuss.
Examiner can normally be reached at (571) 270-3863 or michael.keller@uspto.gov, Monday-Friday, from about 6 AM - 10 PM EST and if your call is missed examiner will try to return call quickly, thank you.
Priority
This application claims priority of 63,276,942, filed 11/8/2021. The assignee of record is Nokia Technologies Oy. The listed inventor(s) is/are: TAYYAB, Muhammad; KHLASS, Ahlem; RATASUK, Rapeepat.
Response to Arguments
Applicant’s arguments filed 4/8/2026 have been fully considered but they are not persuasive. Applicant argues:
a.
PNG
media_image1.png
290
712
media_image1.png
Greyscale
PNG
media_image2.png
836
710
media_image2.png
Greyscale
a. Please see at least 3GPP377 section 2.2, please also consider sections 2.4 and 2.6, thank you. Please see screenshot of 3GPP377 3.1 below, thank you:
PNG
media_image3.png
470
934
media_image3.png
Greyscale
Response to Amendment
Examiner Note
The applicant has claimed “and/or” several times throughout the claims.
The examiner is taking the position that in the case of “element A and/or element B” that the “and/or” covers embodiments having element A alone, element B alone, or elements A and B taken together. The phrase “and/or” is not inherently indefinite and therefore is not objected to or rejected as indefinite.
When construing the claims in the context of a possible anticipation or obviousness rejection, the examiner’s disclosure of any one item from the claimed list will provide sufficient teaching of the entire limitation. In Medline, for example, the PTAB stated that “and/or” is a “disjunctive alternative,” and the prior art showing one of the elements so joined renders the claim unpatentable (See, Medline Indus. Inc. v. Paul Hartmann AG, Case No. IPR2013-00173, Paper 17 (P.T.A.B. Jun. 20, 2013)).
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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, 23-40, & 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3GPP (3GPP TSG RAN WG1 #106-e, R1-2107377, 8/2021, copy provided on file 2/22/2024; hereinafter 3GPP377)
For Claim 1, 3GPP377 teaches a method comprising: receiving, by a user equipment, an indication from a network to adjust a discontinuous reception operation (3GPP377 2.1, Figs. 1-2);
determining, by the user equipment, an adjustment to the discontinuous reception operation, wherein the adjustment is based at least on an arrival rate of traffic received by the user equipment (3GPP377 2.1, Figs. 1-2); and
applying, by the user equipment, the adjusted discontinuous reception operation to one or more frames carrying the traffic (3GPP377 2.1, Figs. 1-2).
For Claim(s) 23, the claim(s) is/are substantially similar to claim 1 and therefore is/are rejected for the same reasoning set forth above.
For Claim 24, 3GPP377 teaches the apparatus of claim 23, wherein the adjusted discontinuous reception operation includes adjusting at least one cycle length applied to the one or more frames and/or adjusting at least one on-duration time applied to the one or more frames (3GPP377 2.1, Figs. 1-2).
For Claim 25, 3GPP377 teaches the apparatus of claim 23, wherein the discontinuous reception operation comprises a connected mode discontinuous reception operation (3GPP377 2.1, Figs. 1-2).
For Claim 26, 3GPP377 teaches the apparatus of claim 23, wherein the apparatus further receives a minimum on-duration time for the discontinuous reception operation (3GPP377 2.1, Figs. 1-2).
For Claim 27, 3GPP377 teaches the apparatus of claim 23, wherein the determination of the adjustment further includes selecting a cycle length from a set of possible cycle lengths for the discontinuous reception operation, wherein the cycle length is selected based at least on the arrival rate of the traffic (3GPP377 2.1, Figs. 1-2).
For Claim 28, 3GPP377 teaches the apparatus of claim 27, wherein the cycle length selected is a largest value in the set that is less than or equal to the arrival rate of the traffic (3GPP377 2.1, Figs. 1-2).
For Claim 29, 3GPP377 teaches the apparatus of claim 27, wherein the determination of the adjustment further includes determining, based at least on a rounding error of a given frame and a minimum on-duration time, an applied on-duration time to apply to the one or more frames carrying the traffic, wherein the adjusted discontinuous reception operation comprises the applied on-duration time and the selected cycle length (3GPP377 2.1, Figs. 1-2).
For Claim 30, 3GPP377 teaches the apparatus of claim 27, wherein the the determination of the adjustment further includes checking to confirm a rounding error of a given frame does not equal or exceed a threshold amount; and in response to the rounding error being equal to or exceeding the threshold amount, selecting another, larger cycle length from the set of possible cycle lengths, and wherein the adjusted discontinuous reception operation, for the given frame, comprises applying the larger cycle length (3GPP377 2.1, Figs. 1-2).
For Claim 31, 3GPP377 teaches the apparatus of claim 30, wherein the threshold amount corresponds to a difference between the selected cycle length and a next, larger cycle length in the set of possible cycle lengths (3GPP377 2.1, Figs. 1-2).
For Claim 32, 3GPP377 teaches the apparatus of claim 23, wherein the apparatus is further caused to at least send a response to the network, wherein the response indicates application by the apparatus of the adjusted discontinuous reception operation to the one or more frames carrying the traffic (3GPP377 2.1, Figs. 1-2).
For Claim 33, 3GPP377 teaches the apparatus of claim 23, wherein the traffic comprises traffic with a non-integer arrival time, and/or wherein the traffic comprises video traffic (3GPP377 2.1, Figs. 1-2).
For Claim 34, 3GPP377 teaches an apparatus comprising: at least one processor; and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to at least: determine whether to trigger an adjustment to a discontinuous reception operation for one or more frames of traffic on a downlink to a user equipment (3GPP377 2.1, Figs. 1-2); send an indication to adjust the discontinuous reception operation for the one or more frames of the traffic on the downlink to the user equipment, the adjustment based at least on a frame rate of the one or more frames of the traffic (3GPP377 2.1, Figs. 1-2); and receive a response from the user equipment, wherein the response indicates the adjustment by the user equipment of the discontinuous reception operation for the one or more frames of the traffic on the downlink to the user equipment (3GPP377 2.1, Figs. 1-2).
For Claim 35, 3GPP377 teaches the apparatus of claim 34, wherein the adjustment includes adjusting at least one cycle length applied to the one or more frames and/or at least one on-duration time applied to the one or more frames (3GPP377 2.1, Figs. 1-2).
For Claim 36, 3GPP377 teaches the apparatus of claim 34, wherein the determining to trigger the adjustment is based at least on a frame inter-arrival time of the one or more frames of the traffic not corresponding to an integer value of at least one of a set of possible cycle lengths (3GPP377 2.1, Figs. 1-2).
For Claim 37, 3GPP377 teaches the apparatus of claim 34, wherein the discontinuous reception operation comprises a connected discontinuous reception operation, and/or wherein the apparatus comprises a gNB base station and/or a distributed unit of a gNB (3GPP377 2.1, Figs. 1-2).
For Claim 38, 3GPP377 teaches the apparatus of claim 34,wherein the sending further comprises sending a minimum on-duration time for the discontinuous reception operation (3GPP377 2.1, Figs. 1-2).
For Claim 39, 3GPP377 teaches the apparatus of claim 34, wherein the apparatus is further caused to at least: adapt transmission of the traffic on the downlink, the adapting based at least on the adjustment of the discontinuous reception operation (3GPP377 2.1, Figs. 1-2).
For Claim 40, 3GPP377 teaches the apparatus of claim 34, wherein the adjusting further comprises: selecting a cycle length from a set of possible cycle lengths for the discontinuous reception operation, wherein the cycle length is selected based at least on the frame rate of the traffic (3GPP377 2.1, Figs. 1-2).
For Claim 44, 3GPP377 teaches the apparatus of claim 34, wherein the traffic comprises traffic with a non-integer arrival time, and/or wherein the traffic comprises video traffic (3GPP377 2.1, Figs. 1-2).
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 communications from the examiner should be directed to Michael Keller at (571)270-3863 or michael.keller@uspto.gov. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Gillis can be reached on 571-272-7952.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL A KELLER/
Primary Patent Examiner, Art Unit 2446
Prosecution Insights