DETAILED ACTION
In response to communications filed 03/25/2024.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 teaches the one or more processors of the modem receives a keep alive payload from the applications processor of the UE and that the TCP keep alive packets include the keep alive payload. However, claim 1 has established that the modem receives an indication from the UE to offload the keep alive procedure and that the TCP keep alive packet including payload is transmitted by the modem. Examiner notes its is unclear and indefinite how TCP keep alive packets are transmitted from the UE itself when the instruction is given by the UE to offload the TCP keep alive packet to the modem for the modem to transmit said TCP keep alive packets. Examiner requests further clarification or amendments in a future response to overcome the current rejection. Claims 9-10 are also rejected based on their dependency of claim 10.
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.
Claims 1-27 are rejected under 35 U.S.C. 103 as being unpatentable over Nimmala et al. (US 2021/0120619 A1) in view of Kherani et al. (US 2014/0157009 A1) hereinafter “Nimmala” and “Kherani” respectively
Regarding Claim 1, Nimmala teaches An apparatus for wireless communication (Nimmala: paragraphs 0023-0024, wireless communications) at a modem (Nimmala: paragraphs 0020-0021, 0045 & Figs. 4-6, network component or persistent connection management offload function (PCMOF) to perform operations on behalf of the user equipment (UE)) in communication with a user equipment (UE) (Nimmala: paragraphs 0031, 0045 & Figs. 2-4, said UE), comprising:
a memory (Nimmala: paragraph 0020, PCMOF comprising a communication interface to communicate with the UE, thus teaching the necessary memory component); and
one or more processors, coupled to the memory (Nimmala: paragraph 0020, PCMOF having a communication interface to communicate with the UE, thus teaching the necessary processing component), configured to:
receive, from an applications processor of the UE (Nimmala: paragraph 0033 & Fig. 2, application processor), a registration message associated with keep alive offloading (Nimmala: paragraphs 0048, 0064 & Figs. 4-6, receiving register message from UE for offloading procedure);
filter incoming transmission control protocol (TCP) packets (Nimmala: paragraphs 0060, 0071 & Figs. 4-6, PCMOF receiving ACK and push notifications and may differentiate between ACKs and push notifications based on the payload of the packet) to determine a current sequence number and a current acknowledgement number (Nimmala: paragraph 0069, determine latest signaling information including sequence number and acknowledgement number to ensure keep alive messages are in sync);
receive, from the applications processor, an indication to perform a keep alive procedure (Nimmala: paragraphs 0048 & Fig. 4, receiving offload configuration packet indicating how to manage the periodic keep alive messages on behalf of the UE; see also paragraph 0060, offload configuration packet includes keep alive message interval and duration time); and
transmit, periodically, TCP keep alive packets (Nimmala: paragraph 0049 & Fig. 4, PCMOF transmits keep alive messages on behalf of the UE) based on the current sequence number and the current acknowledgement number (Nimmala: paragraph 0069, said sync of sequence number and acknowledgement number to ensure that subsequent KA messages are in sync).
Although Nimmala teaches a PCMOF in communication with the UE, Nimmala fails to explicitly teach a modem associated with and/or comprised in the user equipment. However, Kherani from an analogous art similarly teaches a modem receiving keep-alive messages (Kherani: paragraph 0041 & Fig. 4) and further teaches the modem and application processor comprised in a user device Kherani: paragraph 0013 & Fig. 4).
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 Nimmala to teach the PCMOF or modem is included in the user equipment as taught by Kherani based on an obvious choice or preference of configuration arrangements between components in a communication network.
Regarding Claim 2, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive, from the applications processor, a range associated with a period for the TCP keep alive packets (Nimmala: paragraph 0060, offload configuration packet includes KA message interval indicating a duration of time that is to occur between scheduled KA messages);
transmit the TCP keep alive packets according to a first interval within the range (Nimmala: paragraph 0049 & Fig. 4, PCMOF transmits a first KA message based on KA message interval (based on configuration information));
transmit 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 (Nimmala: paragraph 0050 & Fig. 4, PCMOF transmits second KA message based on KA message interval); and
indicate, to the applications processor, an updated range based at least in part on the first interval and the second interval (Nimmala: paragraph 0070, signaling exchange indicating updated signaling information).
Regarding Claim 3, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches filter incoming TCP packets to determine to detect acknowledgements of the TCP keep alive packets (Nimmala: paragraphs 0060, 0071 & Figs. 4-6, differentiate between ACKs and push notifications based on the payload of the packet); and
drop the acknowledgements of the TCP keep alive packets (Nimmala: paragraph 0068, PCMOF does not forward the ACK of the KA message).
Regarding Claim 4, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches filter incoming TCP packets to determine to detect a downlink packet that is not an acknowledgement of the TCP keep alive packets (Nimmala: paragraphs 0060, 0071 & Figs. 4-6, differentiate between ACKs and push notifications based on the payload of the packet); and
forward the downlink packet to the applications processor (Nimmala: paragraph 0071, PCMOF forwards the push notification to the UE).
Regarding Claim 5, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive, from the applications processor, an indication to stop performing the keep alive procedure (Nimmala: paragraph 0073 & Figs. 5-6, signaling information indicates the PCMOF is to no longer perform operations on behalf of the UE);
refrain from transmitting the TCP keep alive packets based on the indication to stop performing the keep alive procedure (Nimmala: paragraph 0073, said instruction to no longer perform operations, thus retaining from transmitting KA messages); and
continue to filter incoming TCP packets to determine a new current sequence number and a new current acknowledgement number (Nimmala: paragraph 0075, PCMOF resumes performing various operations on behalf of the UE).
Regarding Claim 6, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive, from the applications processor, a new indication to perform the keep alive procedure (Nimmala: paragraph 0075, PCMOF receives another offload configuration packet from the UE); and
transmit, periodically, new TCP keep alive packets based on the new current sequence number and the new current acknowledgement number (Nimmala: paragraph 0075, PCMOF resumes performing various operations on behalf of the UE).
Regarding Claim 7, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive, from the applications processor, a deregistration message associated with keep alive offloading (Nimmala: paragraph 0073 & Figs. 5-6, signaling information indicates the PCMOF is to no longer perform operations on behalf of the UE, thus deregistering); and
refrain from filtering incoming TCP packets based on the deregistration message (Nimmala: paragraph 0073, said instruction to no longer perform operations, thus retaining from transmitting KA messages).
Regarding Claim 8, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive, from the applications processor, a keep alive payload (Nimmala: paragraph 0065, receive an offload configuration packet; see also paragraph 0040, UE transmits a first keep alive message),
wherein the TCP keep alive packets include the keep alive payload (Nimmala: paragraph 0049 & Fig. 4, said keep alive messages).
Regarding Claim 9, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive, from the applications processor, an acknowledgement payload (Nimmala: paragraph 0073, signaling exchange between UE and PCMOF; see also paragraph 0040, first ACK to the UE);
filter incoming TCP packets based on the acknowledgement payload to detect acknowledgements of the TCP keep alive packets (Nimmala: paragraphs 0060, 0071 & Figs. 4-6, differentiate between ACKs and push notifications based on the payload of the packet); and
drop the acknowledgements of the TCP keep alive packets (Nimmala: paragraph 0068, PCMOF does not forward the ACK of the KA message).
Regarding Claim 10, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive, from the applications processor, an indication to stop performing the keep alive procedure (Nimmala: paragraph 0073 & Figs. 5-6, signaling information indicates the PCMOF is to no longer perform operations on behalf of the UE);
refrain from transmitting the TCP keep alive packets based on the indication to stop performing the keep alive procedure (Nimmala: paragraph 0073, said instruction to no longer perform operations, thus retaining from transmitting KA messages); and
transmit a new current sequence number and a new current acknowledgement number to the applications processor (Nimmala: paragraph 0075, PCMOF resumes performing various operations on behalf of the UE).
Regarding Claim 11, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches determine a period for the TCP keep alive packets based at least in part on one or more preconfigured periodicities (Nimmala: paragraph 0061, periodic KA messages).
Regarding Claim 12, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches determine a period for the TCP keep alive packets based at least in part on a discontinuous reception (DRx) cycle associated with the UE (Nimmala: paragraph 0083, page the UE to determine when it is in or out of service).
Regarding Claim 13, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches determine 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 (Nimmala: paragraph 0061, periodic KA messages).
Regarding Claim 14, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches detect that the UE has entered a radio resource control (RRC) connected state (Nimmala: paragraph 0084, UE is back in service and transition to the connected state); and
transmit one of the TCP keep alive packets early based on detecting that the UE has entered the RRC connected state (Nimmala: paragraph 0086, reregistration (for offload procedure of KA messages)).
Regarding Claim 15, Nimmala teaches An apparatus for wireless communication (Nimmala: paragraphs 0023-0024, wireless communications) at an applications processor of a user equipment (UE) (Nimmala: paragraphs 0031, 0045 & Figs. 2-4, user equipment UE), comprising:
a memory (Nimmala: paragraph 0034 & Fig. 2, memory); and
one or more processors, coupled to the memory (Nimmala: paragraph 0032 & Fig. 2, processor coupled to memory), configured to:
transmit, to a modem (Nimmala: paragraphs 0020-0021, 0045 & Figs. 4-6, connection management offload function (PCMOF) to perform operations on behalf of the user equipment (UE)) in communication with the UE, a registration message associated with keep alive offloading (Nimmala: paragraphs 0048, 0064 & Figs. 4-6, transmit register message for offloading procedure);
transmit, to the modem, an indication to perform a transmission control protocol (TCP) keep alive procedure (Nimmala: paragraphs 0048 & Fig. 4, transmit offload configuration packet indicating how to manage the periodic keep alive messages on behalf of the UE; see also paragraph 0060, offload configuration packet includes keep alive message interval and duration time); and
transmit, to the modem, an indication to stop performing the keep alive procedure (Nimmala: paragraph 0062 & Fig. 5, UE may send a further offload configuration packet to the PCMOF that indicates the PCMOF is to no longer perform operations on behalf of the UE).
Although Nimmala teaches a PCMOF in communication with the UE, Nimmala fails to explicitly teach a modem associated with and/or is comprised in the user equipment. However, Kherani from an analogous art similarly teaches a modem receiving keep-alive messages (Kherani: paragraph 0041 & Fig. 4) and further teaches the modem and application processor comprised in a user device Kherani: paragraph 0013 & Fig. 4).
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 Nimmala to teach the PCMOF or modem is included in the user equipment as taught by Kherani based on an obvious choice or preference of configuration arrangements between components in a communication network.
Regarding Claim 16, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, a current sequence number and a current acknowledgement number (Nimmala: paragraph 0069, latest signaling information including sequence number and acknowledgement number to ensure keep alive messages are in sync).
Regarding Claim 17, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, a value for a keep alive timer (Nimmala: paragraph 0060, offload configuration packet includes keep alive message interval and duration time).
Regarding Claim 18, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, a range associated with a period for TCP keep alive packets (Nimmala: paragraph 0049 & Fig. 4, first KA message based on KA message interval (based on configuration information)); and
receive, from the modem, an updated range based at least in part on a first interval and a second interval used to transmit the TCP keep alive packets (Nimmala: paragraph 0050 & Fig. 4, second KA message based on KA message interval).
Regarding Claim 19, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches receive a downlink packet from the modem that is not an acknowledgement of a TCP keep alive packet (Nimmala: paragraph 0073, signaling exchange between UE and PCMOF).
Regarding Claim 20, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, an indication to stop performing the TCP keep alive procedure (Nimmala: paragraph 0073 & Figs. 5-6, signaling information indicates the PCMOF is to no longer perform operations on behalf of the UE);
Regarding Claim 21, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, a new indication to perform the TCP keep alive procedure (Nimmala: paragraph 0075, PCMOF receives another offload configuration packet from the UE);
Regarding Claim 22, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, a deregistration message associated with keep alive offloading (Nimmala: paragraph 0073 & Figs. 5-6, signaling information indicates the PCMOF is to no longer perform operations on behalf of the UE, thus deregistering).
Regarding Claim 23, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, a keep alive payload (Nimmala: paragraph 0065, transmit an offload configuration packet).
Regarding Claim 24, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, an acknowledgement payload associated with TCP keep alive packets (Nimmala: paragraph 0073, signaling exchange between UE and PCMOF).
Regarding Claim 25, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit, to the modem, an indication to stop performing the TCP keep alive procedure (Nimmala: paragraph 0073 & Figs. 5-6, signaling information indicates the PCMOF is to no longer perform operations on behalf of the UE); and
receive a new sequence number and a new acknowledgement number from the modem (Nimmala: paragraph 0075, PCMOF resumes performing various operations on behalf of the UE).
Regarding Claim 26, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches update a TCP stack of the applications processor to the new sequence number and the new acknowledgement number (Nimmala: paragraph 0069, said sync of latest sequence number and acknowledgement number to ensure that subsequent KA messages are in sync).
Regarding Claim 27, Nimmala-Kherani teaches the respective claim(s) as presented above and further teaches transmit 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 (Nimmala: paragraph 0069, said sync of latest sequence number and acknowledgement number to ensure that subsequent KA messages are in sync).
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 28-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nimmala et al. (US 2021/0120619 A1) hereinafter “Nimmala.”
Regarding Claim 28, Nimmala teaches An apparatus for wireless communication (Nimmala: paragraphs 0023-0024, wireless communications) at a user equipment (UE) (Nimmala: paragraphs 0031, 0045 & Figs. 2-4, user equipment UE), comprising:
a memory (Nimmala: paragraph 0034 & Fig. 2, memory); and
one or more processors, coupled to the memory (Nimmala: paragraph 0032 & Fig. 2, processor coupled to memory), configured to:
determine a plurality of transmission control protocol (TCP) heartbeat intervals based on a minimum heartbeat interval (Nimmala: paragraph 0032, manage push notifications on behalf of one or more applications; see also paragraph 0083 & Fig. 7, page the UE to determine when it is in or out of service), wherein each TCP heartbeat interval, of the plurality of TCP heartbeat intervals, is associated with a corresponding application (Nimmala: paragraph 0043, push notifications to the UE for a corresponding application); and
transmit, for each application, TCP keep alive packets according to a corresponding interval of the plurality of TCP heartbeat intervals (Nimmala: paragraph 0060, KA message interval indicating a duration of time that is to occur between scheduled KA messages),
re-determine the plurality of TCP heartbeat intervals (Nimmala: paragraph 0069, sync of sequence number and acknowledgement number to ensure that subsequent KA messages are in sync).
Regarding Claim 29, Nimmala teaches An apparatus for wireless communication (Nimmala: paragraphs 0023-0024, wireless communications) at a user equipment (UE) (Nimmala: paragraphs 0031, 0045 & Figs. 2-4, user equipment UE), comprising:
a memory (Nimmala: paragraph 0034 & Fig. 2, memory); and
one or more processors, coupled to the memory (Nimmala: paragraph 0032 & Fig. 2, processor coupled to memory), configured to:
receive a range associated with a period for transmission control protocol (TCP) keep alive packets (Nimmala: paragraph 0060, offload configuration packet includes KA message interval indicating a duration of time that is to occur between scheduled KA messages);
transmit the TCP keep alive packets according to a first interval within the range (Nimmala: paragraph 0049 & Fig. 4, first KA message based on KA message interval (based on configuration information); see also paragraph 0040, UE transmits a first KA message);
transmit 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 (Nimmala: paragraph 0050 & Fig. 4, PCMOF transmits second KA message based on KA message interval); and
store an updated range based at least in part on the first interval and the second interval (Nimmala: paragraph 0069, latest signaling information including sequence number and acknowledgement number to ensure keep alive messages are in sync).
Regarding Claim 30, Nimmala teaches the respective claim(s) as presented above and further teaches transmit 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 (Nimmala: paragraph 0043, UE transmits a third KA message), wherein the updated range is further based on the third interval (Nimmala: paragraph 0069, latest signaling information including sequence number and acknowledgement number to ensure keep alive messages are in sync).
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).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAJEEB ANSARI whose telephone number is (571)270-5446. The examiner can normally be reached Monday-Friday 10am to 2pm.
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/NAJEEB ANSARI/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463