DETAILED ACTION
In response to communications filed 07/20/2026.
Claims 1-30 are pending for examination.
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 .
Allowable Subject Matter
Claims 2, 5, 6, 9 and 10 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.
The following is a statement of reasons for the indication of allowable subject matter: Examiner has been unable to locate prior art that reasonably, either singularly or in combination with cited references, would result a proper rejection that would have anticipated or made obvious the subject matter claimed in claims 2, 5, 6, 9 and 10 including all of the limitations of claim 1 and any intervening claims with proper motivation at or before the time it was effectively filed
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 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.
Claims 1, 3, 4, 7, 8, 11-27 and 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2012/0188928 A1) hereinafter “Wang”
Regarding Claim 1, Wang teaches A user equipment (UE) (Wang: paragraph 0027, wireless terminal), comprising:
a modem (Wang: paragraphs 0027, communication unit of the terminal);
an applications processor (Wang: paragraph 0027, processing unit of the terminal);
a memory (Wang: 0114, storage module); and
one or more processors, coupled to the memory (Wang: paragraph 0114, computing module), configured to cause the modem of the UE to:
receive, from the applications processor of the UE, a registration message associated with keep alive offloading (Wang: paragraphs 0041, 0043 & Fig. 2, instruct to create a heartbeat data packet);
filter, at the modem of the UE, incoming transmission control protocol (TCP) packets, that are associated with a TCP connection (Wang: paragraphs 0045-0046, detect all IP packets transmitted by the server to the terminal on the TCP connection; see also paragraphs 0086-0087, receiving normal data) and that are forwarded to the applications processor through the modem to determine a current sequence number and a current acknowledgement number (Wang: paragraphs 0045-0046, data packet including the ACK number and the sequence number is the last packet transmitted by the server and received by the terminal);
receive, from the applications processor, an indication to perform a keep alive procedure (Wang: paragraphs 0041, 0043 & Fig. 2, said instruct to create a heartbeat data packet); and
transmit, periodically, to the applications processor of the UE, TCP keep alive packets based on the current sequence number and the current acknowledgement number (Wang: paragraphs 0068-0069, data packet generating module uses acknowledge (ACK) number and the sequence number of the data packet from the network server to construct a TCP data packet as the heartbeat data packet ).
Regarding Claim 3, Wang teaches the respective claim(s) as presented above and further teaches filter, at the modem of the UE, incoming TCP packets to determine to detect acknowledgements of the TCP keep alive packets (Wang: paragraph 0046, detect all the IP packets and extracts the sequence number and the ACK number (ACK value) from the IP packet header); and
drop, at the modem of the UE, the acknowledgements of the TCP keep alive packets (Wang: paragraph 0072, acknowledge (ACK) number and the sequence number to construct a TCP data packet as the heartbeat data packet).
Regarding Claim 4, Wang teaches the respective claim(s) as presented above and further teaches filter, at the modem of the UE, incoming TCP packets to determine to detect a downlink packet that is not an acknowledgement of the TCP keep alive packets (Wang: 0046, detect all the IP packets on the TCP connection and extract the sequence number and the ACK number (ACK value) from the IP packet header; see also paragraph 0057, normal data); and
forward, to the applications processor of the UE, the downlink packet to the applications processor (Wang: paragraphs 0068-0069, data packet generating module uses acknowledge (ACK) number and the sequence number of the data packet from the network server to construct a TCP data packet as the heartbeat data packet).
Regarding Claim 7, Wang teaches the respective claim(s) as presented above and further teaches receive, from the applications processor of the UE, a deregistration message associated with keep alive offloading (Wang: paragraph 0057, receiving normal data packet); and
refrain from filtering, at the modem of the UE, incoming TCP packets based on the deregistration message (Wang: paragraph 0057, once the terminal receives a normal data packet transmitted from the server, the communication functional unit stops the heartbeat transmission process).
Regarding Claim 8, Wang teaches the respective claim(s) as presented above and further teaches receive, from the applications processor of the UE, a keep alive payload (Wang: paragraph 0044, construct a heartbeat data packet),
wherein the TCP keep alive packets include the keep alive payload (Wang: paragraph 0044, said heartbeat data packet).
Regarding Claim 11, Wang teaches the respective claim(s) as presented above and further teaches determine, at the modem of the UE, a period for the TCP keep alive packets based at least in part on one or more preconfigured periodicities (Wang: paragraph 0075, period for the heartbeat packet).
Regarding Claim 12, Wang teaches the respective claim(s) as presented above and further teaches determine, at the modem of the UE, a period for the TCP keep alive packets based at least in part on a discontinuous reception (DRx) cycle associated with the UE (Wang: paragraph 0041, transmitting the heartbeat packets during sleep slate).
Regarding Claim 13, Wang teaches the respective claim(s) as presented above and further teaches determine, at the modem of the UE, a period for the TCP keep alive packets based at least in part on one or more periods associated with additional TCP keep alive packets (Wang: paragraphs 0068-0069, data packet generating module uses acknowledge (ACK) number and the sequence number of the data packet from the network server to construct a TCP data packet as the heartbeat data packet).
Regarding Claim 14, Wang teaches the respective claim(s) as presented above and further teaches detect, at the modem of the UE, that the UE has entered a radio resource control (RRC) connected state (Wang: paragraph 0027, UE states); and
transmit, to the applications processor of the UE, one of the TCP keep alive packets early based on detecting that the UE has entered the RRC connected state (Nimmala: paragraphs 0068-0069, data packet generating module uses acknowledge (ACK) number and the sequence number of the data packet from the network server to construct a TCP data packet as the heartbeat data packet).
Regarding Claim 15, Wang teaches A user equipment (UE) (Wang: paragraph 0027, wireless terminal), comprising:
an applications processor (Wang: paragraph 0027, processing unit of the terminal);
a modem (Wang: paragraphs 0027, communication unit of the terminal);
a memory (Wang: 0114, storage module); and
one or more processors, coupled to the memory (Wang: paragraph 0114, computing module), configured to cause the applications processor of the UE to:
transmit, to the modem, a registration message to offload a transmission control protocol (TCP) keep alive (Wang: paragraphs 0041, 0043 & Fig. 2, instruct to create a heartbeat data packet);
transmit, to the modem of the UE, an indication to perform the TCP keep alive procedure (Wang: paragraphs 0045-0046, detect all IP packets transmitted by the server to the terminal on the TCP connection; see also paragraph 0075, initiates a heartbeat agent); and
transmit, to the modem of the UE, an indication to stop performing the keep alive procedure (Wang: paragraph 0057, once the terminal receives a normal data packet transmitted from the server, the communication functional unit stops the heartbeat transmission process).
Regarding Claim 16, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, a current sequence number and a current acknowledgement number (Wang: paragraphs 0045-0046, data packet including the ACK number and the sequence number is the last packet transmitted by the server and received by the terminal).
Regarding Claim 17, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, a value for a keep alive timer (Wang: paragraph 0075, period for the heartbeat packet).
Regarding Claim 18, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, a range associated with a period for TCP keep alive packets (Wang: paragraph 0075, period for the heartbeat packet); and
receive, from the modem of the UE, an updated range based at least in part on a first interval and a second interval used to transmit the TCP keep alive packets (Wang: paragraphs 0068-0069, data packet generating module uses acknowledge (ACK) number and the sequence number of the data packet from the network server to construct a TCP data packet as the heartbeat data packet).
Regarding Claim 19, Wang teaches the respective claim(s) as presented above and further teaches receive, from the modem of the UE a downlink packet from the modem that is not an acknowledgement of a TCP keep alive packet (Wang: paragraphs 0086-0087, normal data).
Regarding Claim 20, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, an indication to stop performing the TCP keep alive procedure (Wang: paragraph 0057, once the terminal receives a normal data packet transmitted from the server, the communication functional unit stops the heartbeat transmission process).
Regarding Claim 21, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, a new indication to perform the TCP keep alive procedure (Wang: paragraph 0054, after an instruction for initiating the "heartbeat mechanism" transmitted from the main processing unit is received, the communication functional unit initiates a process for transmitting the heartbeat data packet).
Regarding Claim 22, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, a deregistration message associated with keep alive offloading (Wang: paragraph 0057, receiving normal data packet).
Regarding Claim 23, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, a keep alive payload (Wang: paragraph 0044, said heartbeat data packet).
Regarding Claim 24, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, an acknowledgement payload associated with TCP keep alive packets (Wang: paragraphs 0045-0046, ACK value).
Regarding Claim 25, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, an indication to stop performing the TCP keep alive procedure (Wang: paragraph 0057, once the terminal receives a normal data packet transmitted from the server, the communication functional unit stops the heartbeat transmission process); and
receive, from the modem of the UE, a new sequence number and a new acknowledgement number from the modem (Wang: paragraphs 0045-0046, data packet including the ACK number and the sequence number is the last packet transmitted by the server and received by the terminal).
Regarding Claim 26, Wang teaches the respective claim(s) as presented above and further teaches update, at the applications processor of the UE, a TCP stack of the applications processor to the new sequence number and the new acknowledgement number (Wang: paragraphs 0045-0046, data packet including the ACK number and the sequence number is the last packet transmitted by the server and received by the terminal).
Regarding Claim 27, Wang teaches the respective claim(s) as presented above and further teaches transmit, to the modem of the UE, one or more TCP keep alive packets in order to update a TCP stack of the applications processor to the new sequence number and the new acknowledgement number (Wang: paragraphs 0045-0046, data packet including the ACK number and the sequence number is the last packet transmitted by the server and received by the terminal).
Regarding Claim 29, Wang teaches A user equipment (UE) (Wang: paragraph 0027, wireless terminal), comprising:
a modem (Wang: paragraphs 0027, communication unit of the terminal);
an applications processor (Wang: paragraph 0027, processing unit of the terminal);
a memory (Wang: 0114, storage module); and
one or more processors, coupled to the memory (Wang: paragraph 0114, computing module), configured to cause the UE to:
receive, at the modem of the UE to which a transmission control protocol (TCP) keep alive procedure has been offloaded, a range associated with a period for TCP keep alive packets (Wang: paragraph 0075, period for the heartbeat packet);
transmit, from the modem of the UE, the TCP keep alive packets according to a first interval within the range (Wang: paragraph 0041, transmits the heartbeat packet to the network server in the period);
transmit, from the modem of the UE, the TCP keep alive packets according to a second interval within the range based on an outcome associated with the TCP keep alive packets according to the first interval (Wang: paragraph 0041, transmits the heartbeat packet to the network server in the period; see also paragraph 0107, hop number indicating the connection between the server and the terminal); and
store an updated range based at least in part on the first interval and the second interval (Wang: paragraph 0046, records the sequence number and the ACK value of the last received data packet).
Regarding Claim 30, Wang teaches the respective claim(s) as presented above and further teaches transmit, from the modem of the UE, the TCP keep alive packets according to a third interval within the range based on an outcome associated with the TCP keep alive packets according to the second interval, wherein the updated range is further based on the third interval (Wang: paragraph 0041, transmits the heartbeat packet to the network server in the period; see also paragraph 0107, hop number indicating the connection between the server and the terminal).
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 28 is rejected are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Nimmala et al. (US 2021/0120619 A1) hereinafter “Nimmala.”
Regarding Claim 28, Wang teaches A user equipment (UE) (Wang: paragraph 0027, wireless terminal), comprising:
a modem (Wang: paragraphs 0027, communication unit of the terminal);
an applications processor (Wang: paragraph 0027, processing unit of the terminal);
a memory (Wang: 0114, storage module); and
one or more processors, coupled to the memory (Wang: paragraph 0114, computing module), configured to cause the UE to:
determine, at the modem of the UE to which a transmission control protocol (TCP) keep alive procedure has been offloaded (Wang: paragraphs 0041, 0043 & Fig. 2, instruct to create a heartbeat data packet), a plurality of TCP heartbeat intervals based on a minimum heartbeat interval (Wang: paragraph 0075, period for the heartbeat packet), and
transmit, from the modem of the UE, TCP keep alive packets according to a corresponding interval of the plurality of TCP heartbeat intervals (Wang: paragraph 0041, transmits the heartbeat packet to the network server in the period);
re-determine, at the modem of the UE, the plurality of TCP heartbeat intervals (Nimmala: paragraphs 0045-0046, data packet including the ACK number and the sequence number is the last packet transmitted by the server and received by the terminal).
Wang fails to explicitly teach each TCP heartbeat interval, of the plurality of TCP heartbeat intervals is associated with a corresponding application. However, Nimmala from an analogous art similarly teaches a keep alive offload function (Nimmala, paragraph 0026) and further teaches the keep alive messages indicate to the push notification server that the persistent connection is to be preserved for future communication for on behalf of one or more applications (Nimmala, paragraphs 0019 & 0032-0033).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang to include TCP heartbeat is associated with a respective application as taught by Nimmala to maintain connections with each application associated with a user equipment.
Response to Arguments
Applicant’s arguments with respect to amended claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Van Bemmel (US 2014/0330977 A1) teaches a stateless TCP connection load balancer may be configured to perform stateless detection and handling of TCP keep-alive packets (paragraph 0025).
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.
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/NAJEEB ANSARI/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
