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 2/29/2024. Claims 1-10, 14-19 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 CN202111151906.X, filed 9/29/2021. The assignee of record is DATANG MOBILE COMMUNICATIONS EQUIPMENT CO., LTD. The listed inventor(s) is/are: ZHANG, Mingzhu; NI, Chunlin.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 2/29/2024, 10/10/2024, 4/16/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS(s) is/are being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 15, 18-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims recite “a computer readable and writable storage medium…”
The claims fail to place the invention squarely within one statutory class of invention. Based on the broadest reasonable interpretation of the term “a computer readable and writable storage medium …” the term is not limited to non-transitory computer readable storage media, and may include transitory media. The transitory media generally stores/encodes/transmits data/information in form of signals. As such, the claim is drawn to a signal per se. Signal per se does not appear to be a process, machine, manufacture or composition of matter.
[Claims that recite nothing but the physical characteristics of a form of energy, such as frequency, voltage or the strength of a magnetic field, define energy or magnetism, per se, and as such are nonstatutory natural phenomena. O'Reilly, 56 U. S. (15 How.) at 112-14. See also In re Nuijten. Docket no. 2006-1371 (Fed. Cir. Sept. 20, 2007)(slip. Op. at 18): "A propagating signal is not a process, machine, manufacture or composition of matter"]
Wording such as non-transitory computer-readable storage media would overcome the rejection.
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) 1-10, 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3GPP (QoE Handling during UE Mobility, 3GPP R2-2101190; hereinafter 3GPP190)
For Claim 1, 3GPP190 teaches a method for QoE configuration during an RRC resume process, applied to a first network side apparatus, comprising: obtaining Quality of Experience, QoE, configuration information of a terminal during a Radio Resource Control, RRC, resume process of the terminal (3GPP190 2.1 Mobility in RRC INACTIVE); and determining a first QoE configuration according to the QoE configuration information (3GPP190 2.1 Proposal 1), and instructing the terminal to release the first QoE configuration (3GPP190 2.1 Proposal 2).
For Claim 2, 3GPP190 teaches the method according to claim 1, wherein the QoE configuration information comprises at least one of: a QoE configuration with measurement enabled; or a QoE configuration without measurement enabled (3GPP190 2.1).
For Claim 3, 3GPP190 teaches the method according to claim 1, wherein the obtaining the QoE configuration information of the terminal during the RRC resume process of the terminal, comprises: receiving an RRC resume request message transmitted by the terminal (3GPP190 2.1); and obtaining the QoE configuration information of the terminal from the terminal or a second network side apparatus, wherein the second network side apparatus is a network side apparatus that configures QoE configuration for the terminal (3GPP190 2.1).
For Claim 4, 3GPP190 teaches the method according to claim 3, wherein the obtaining the QoE configuration information of the terminal from the terminal or the second network side apparatus, comprises: transmitting a QoE configuration information request to the terminal or the second network side apparatus; and receiving the QoE configuration information transmitted by the terminal or the second network side apparatus according to the QoE configuration information request (3GPP190 2.1).
For Claim 5, 3GPP190 teaches the method according to claim 1, wherein the QoE configuration information comprises at least one of: complete first QoE configuration parameter information received from the second network side apparatus; or second QoE configuration parameter information only visible to an Access Stratum, AS (3GPP190 2.1).
For Claim 6, 3GPP190 teaches the method according to claim 5, wherein the second QoE configuration parameter information comprises at least one of: at least one of: a service type corresponding to QoE configuration, identification information of QoE configuration, a priority of a service type corresponding to QoE configuration, a priority of identification information of QoE configuration, a Qos configuration type, a cache state of QoE configuration, or a playing delay of QoE configuration; at least one of: a service type corresponding to a QoE configuration type based on signaling, identification information of QoE configuration based on signaling, a priority of a service type based on signaling, a priority of identification information of QoE configuration based on signaling, a priority of the Qos configuration type based on signaling, a cache state of QoE configuration based on signaling, or a playing delay of QoE configuration based on signalling; or at least one of: a service type corresponding to a QoE configuration type based on management, identification information of QoE configuration based on management, a priority Filed Herewith of a service type based on management, a priority of identification information of QoE configuration based on management, a priority of the Qos configuration type based on management, a cache state of QoE configuration based on management, or a playing delay of QoE configuration based on management (3GPP190 2.1).
For Claim 7, 3GPP190 teaches the method according to claim 1, wherein the determining the first QoE configuration according to the QoE configuration information, comprises at least one of: determining a service type of the first QoE configuration according to the QoE configuration information; determining identification information of the first QoE configuration according to the QoE configuration information; determining a priority of a service type of the first QoE configuration according to the QoE configuration information; determining a priority of identification information of the first QoE configuration according to the QoE configuration information; or determining a first QoE configuration type according to the QoE configuration information (3GPP190 2.1).
For Claim 8, 3GPP190 teaches a method for QoE configuration during an RRC resume process, applied to a terminal, comprising: transmitting QoE configuration information of the terminal to a first network side apparatus during the RRC resume process; receiving a release instruction transmitted by the first network side apparatus, wherein the release instruction comprises a first QoE configuration; and releasing the first QoE configuration according to the release instruction (3GPP190 2.1).
For Claim 9, 3GPP190 teaches the method according to claim 8, wherein the releasing the first QoE configuration according to the release instruction, comprises at least one of: Filed Herewith releasing, according to a service type of the first QoE configuration in the release instruction, a QoE configuration corresponding to the service type; releasing, according to identification information of the first QoE configuration in the release instruction, a QoE configuration corresponding to the identification information; releasing, according to a priority of a service type of the first QoE configuration in the release instruction, a QoE configuration corresponding to the priority of the service type; releasing, according to a priority of identification information of the first QoE configuration in the release instruction, a QoE configuration corresponding to the priority of the identification information; or releasing, according to a first QoE configuration type in the release instruction, a QoE configuration corresponding to the configuration type (3GPP190 2.1).
For Claim 10, 3GPP190 teaches a method for QoE configuration during an RRC resume process, applied to a second network side apparatus, comprising: performing a QoE configuration for a terminal; and transmitting QoE configuration information of the terminal to a first network side apparatus during the RRC resume process of the terminal, wherein the first network side apparatus is an apparatus that performs RRC resume connection with the terminal (3GPP190 2.1).
For Claim(s) 14, the claim(s) is/are substantially similar to claim 1 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 15, the claim(s) is/are substantially similar to claim 1 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 16, the claim(s) is/are substantially similar to claim 8 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 17, the claim(s) is/are substantially similar to claim 10 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 18, the claim(s) is/are substantially similar to claim 8 and therefore is/are rejected for the same reasoning set forth above.
For Claim(s) 19, the claim(s) is/are substantially similar to claim 10 and therefore is/are rejected for the same reasoning set forth above.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed below, thank you:
i. US 20200022034 A1, Method And Network Nodes To Manage QoE Measurement Collection During Relocation Or Handover
Conclusion
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/MICHAEL A KELLER/
Primary Patent Examiner, Art Unit 2446
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