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 .
This office action is in response to communications filed on 8/21/2025.
Claims 1-2, 4, 6-7, 10-13, 15, 17-18 and 21-22 are pending and presented for examination.
Claims 3, 5, 8-9, 14, 16 and 19-20 were cancelled in the preliminary amendments.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
The present application filed on 4/8/2025 is national stage entry of PCT application filed on 10/10/2022, which claims priority from provisional application filed on 10/08/2021.
Response to Arguments
Applicant's arguments filed with respect to claims 1-2, 4, 6-7, 10-13, 15, 17-18 and 21-22 have been fully considered but they are not persuasive.
In the response filed, applicant argues in substance that:
“Fig. 9 of Hahn shows a terminal that supports multiple RATs such as for 3gpp communication and non-3gpp communication …Fig. 7 of Hahn shows that the terminal also includes a multi-RAT interworking control layer …Hahn is silent that the multi-RAT interworking control layer is facilitating communication of measurement and/or analytics information among separate layers (e.g. between RRC and RLC, between PDCP and MAC, between RLC and PHY and so forth) of the 3GPP protocol stack. Hahn is similarly silent that the multi-RAT interworking control layer is facilitating communication of measurement and/or analytics information among separate layers of the non-3gpp protocol stack [Remarks, pg. 6-7].
In response to applicant argument, examiner respectfully disagrees.
First, applicant original specification recites:
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In view of the specification above, one can determine that protocol stack 508 and protocol stack 510 of the terminal/WTRU 102 are exchanging messages via SDAC 502 component/layer. Specifically, SDAC receives from a first protocol layer of a radio access technology protocol stack (e.g. 508) of the WTRU 102, a first request for data, measurements and/or analytics information. The data, measurements and/or analytics information maybe associated with one or more second protocol layers of the RAT protocol stack (e.g. 510) of the WTRU 102. The WTRU may collect the data, measurement and/or analytics information from the one or more second protocol layers of the RAT protocol stack (e.g. 510). The WTRU 102 may provide to the first protocol layer of the RAT protocol stack (e.g. 508) the requested data, measurements and/or analytics information associated with the first request.
As such, the combination of protocol stack 508 (Wifi) AND protocol stack 510 (5G) is construed to be a hybrid RAT protocol stack of the WTRU or simply RAT protocol stack as in the claims. Neither specification nor claims limits or restricts the RAT as in the claim to a non-hybrid RAT protocol stack or a single RAT technology suite.
Hahn, similarly, discloses a hybrid RAT protocol suite comprising non-3gpp communication stack (e.g. wifi) AND 3gpp communication stack (e.g. 4g/5g) and communications between the two stacks is via the multi-RAT interworking control layer, similar to SDAC layer of applicant’s fig. 6.
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Furthermore, fig. 9-10 shows the communications between layers of 3gpp protocol stack and non-3gpp protocol stack. The communications include the 3GPP RRC layer of the terminal transmitting an interworking request message in order to secure a resource for the data to be transmitted in advance. The multi-RAT interworking control layer may receive the request from 3gpp RRC layer and transmit to RRC layer of non-3gpp protocol stack or non-3gpp RRC layer. The non-3gpp layer measures or collects the resource data from the access point. The non-3gpp layer then generates the interworking response message including the resource data allocation [e.g. time-frequency resource information] and transmits the response to the multi-RAT interworking control layer. The interworking control layer receives the response and transmits it to the 3gpp RRC layer of the terminal, See [0129-135].
Based on the broadest reasonable interpretation of the term “measurement or analytics information”, allocated amount of resource or allocated resource data can be categorized as measurement information (i.e. size, length or amount of something) or analytics (i.e. information resulting from analysis of data or statistics) because, e.g. time-frequency information logically or technically resulted from some analysis of network data such as traffic and available bandwidth and it conveys the amount of time and frequency information.
As such, Hahn teaches receiving from a first protocol layer of RAT a first request for measurement or analytics information associated with one or more second protocol layer of the RAT of the WTRU. See detailed claim mappings below.
Applicant’s arguments regarding Hahn being silent that the multi-RAT interworking layer facilitating communications of measurements and/or analytics information among separate layers of the 3gpp protocol stack is deemed non persuasive because it is noted that the features upon which applicant relies (i.e., communications among separate layers of the single or same RAT protocol stack) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Moreover, applicant’s own specification covers hybrid RAT as analyzed above.
“…However, Lair is silent that a NWDAF or data repository entity may be implemented at a UE and that the NWDAF or data repository entity maybe implemented at a UE…” [remarks, pg. 8].
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., NWDAF or ADRF implemented at a UE or WTRU) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
For example:
Claim 2 recites:
“…from a network data analytics function of the WTRU…and obtaining…from the NWDAF entity of the WTRU”.
Claim 4 recites:
“…from an analytics data repository function entity of the WTRU…obtaining ..from the ADRF entity of the WTRU”.
Based on broadest reasonable interpretation, the recitation “...of the WTRU” does not mean that the entities are implemented inside WTRU or at WTRU, and it may simply mean that the entities correspond or is associated or related to the WTRU.
LAIR teaches the process of collecting the data, measurement and/or analytics information including requesting measurement and/or analytics information from a network data analytics function (NWDAF) entity of the WTRU, and obtaining measurement and/or analytics information from the NWDAF entity of the WTRU (Fig. 4: 1-2, [0101], fig. 1: a NWDAF service consumer can send analytics info request to NWDAF and NWDAF provides the response back to consumer).
LAIR, from the same field of endeavor, teaches the process of collecting measurement and/or analytics information includes requesting measurement and/or analytics information from an analytics data repository function entity of the WTRU, and obtaining the data, measurement and/or analytics information from the ADRF of the WTRU (fig. 12: 1201, 1203, [0041, 0062, 0094, 0095], fig. 1: retrieving analytics from the repository entity).
For the at least these reasons, applicant’s arguments are deemed non-persuasive and the prior art rejections are maintained.
Claim Rejections - 35 USC § 102
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, 6-7, 12 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) and 35 USC 102(a)(2) as being anticipated by Hahn (US 2019/0230485 A1).
As per claim 1, Hahn discloses a method implemented by a wireless transmit/receive unit (WTRU) [Fig. 7: Terminal with multiple RATs, [0093]], the method comprising:
receiving, from a first protocol layer of a radio access technology (RAT) protocol stack of the WTRU [fig. 7: 3GPP RRC layer, fig. 9: S904: 3GPP RRC Layer of the terminal sending interworking request to Multi-RAT interworking control layer which is receiving the request), a first request measurement and/or analytics information associated with one or more second protocol layers of the RAT protocol stack of the WTRU ([0093, 112-113], 115-117]: The Multi-RAT interworking control layer receives the interworking request message from the 3GPP RRC layer. The request message is for requesting measurement or analytics associated (related) with non 3gpp RRC layer or data associated with/from the non-3gpp access point in order to perform V2X communication);
collecting the measurement and/or analytics information from the one or more second protocol layers of the RAT protocol stack of the WTRU (fig. 9: S905-S909), [0115-0117]: the measurements or analytics is collected by sending the internetworking request to the non-3gpp L1-L3 layer which further sends resource request message to the non 3g-pp access point and receives the resource data. Note: The resource request message includes measurements or amount of resources allocated in non-3gpp network); and
providing, to the first protocol layer of the RAT protocol stack of the WTRU, the measurement and/or analytics information associated with the first request (fig. 9: S910: interworking response with the resource data is provided to the RRC layer of 3gpp stack, [0117-0118]).
Note: Based on broadest reasonable interpretation of the term “measurements or analytics”, the terms may cover any form (e.g. size, length or amount) data related to networks such as resources, allocation data, network data, etc. and any form of data that resulted from analysis of data. The term “and/or” covers both “and” or “or” in alternative form.
As per claim 6, Hahn discloses the method of claim 1, wherein the collecting the measurement and/or analytics information from the one or more second protocol layers of the RAT protocol stack includes obtaining the measurement and/or analytics information from the one or more second protocol layers of the RAT protocol stack ([fig. 9, [0115-0118], fig. 7-8: data is obtained from the non-3gpp RRC layer of the terminal).
As per claim 7, Hahn discloses the method of claim 1, wherein the RAT protocol stack of the WTRU (fig. 7: Terminal with multiple RAT stack) is a cellular protocol stack which includes a radio resource control (RRC) layer (fig. 7 RRC), a service data protocol (L2 layer), a service data application protocol (SDAP) layer (Multi-RAT Interworking Control layer), a packet data convergence protocol (PDCP) layer (fig. 7 - PDCP Layer), a radio link control (RLC) layer (fig. 7 RLC layer), a medium access control (MAC) layer, and/or a physical (PHY) layer (fig. 7), and wherein the first protocol layer is different than the one or more second protocol layers (fig. 7-8: Terminal with multiple RATs, [0092-0093], [0097]: Multiple RAT protocol stack with 3gpp protocol stack and non-3gpp protocol stack).
As per claim 12, Hahn discloses A wireless transmit/receive unit (fig. 7: Terminal with multiple RATs) comprising:
a processor, a transceiver and a memory (fig. 3: every device or node includes processor, memory and transceiver) which are configured to:
receiving, from a first protocol layer of a radio access technology (RAT) protocol stack of the WTRU [fig. 7: RRC layer, fig. 9: S904: 3GPP RRC Layer sending interworking request to Multi-RAT interworking control layer), a first request for measurement and/or analytics information associated with one or more second protocol layers of the RAT protocol stack of the WTRU ([0093, 112-113], 115-117]: The Multi-RAT interworking control layer receives the interworking request message from the 3GPP RRC layer. The request message is for requesting data or measurement from the non-3gpp access point in order to perform V2X communication);
collecting the data, measurement and/or analytics information from the one or more second protocol layers of the RAT protocol stack of the WTRU (fig. 9: S905-S909), [0115-0117]: measurements is collected by sending the interworking request to the non-3gpp L1-L3 layer, which further sends resource request message to the access point, and receiving response with data. Note: The resource allocation message includes data or measurements or resources allocated in non-3gpp network); and
providing, to the first protocol layer of the RAT protocol stack of the WTRU, the measurement and/or analytics information associated with the first request (fig. 9: S910: interworking response with data is provided to the RRC layer of 3gpp stack, [0117-0118]).
As per claims 17-18, they do not teach or further define over the limitations in claims 6-7. Therefore, claims 17-18 are rejected for the same reasons as set forth in claims 6-7.
Claim Rejections - 35 USC § 103
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 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(s) 2, 4, 10-11, 13, 15 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hahn (US 2019/0230485 A1) in view of LAIR (US 2022/0263724 A1).
As per claim 2, Hahn discloses the method of claim 1, as set forth above.
However, Hahn does not teach the process wherein the collecting includes requesting the measurement and/or analytics information from a network data analytics function (NWDAF) entity of the WTRU, and obtaining the measurement and/or analytics information from the NWDAF entity of the WTRU.
LAIR, from the same field of endeavor, teaches the process of collecting the measurement and/or analytics information includes requesting the measurement and/or analytics information from a network data analytics function (NWDAF) entity of the WTRU, and obtaining the data, measurement and/or analytics information from the NWDAF entity of the WTRU (Fig. 4: 1-2, [0101], fig. 1: a NWDAF service consumer can send analytics info request to NWDAF and NWDAF provides the response back to consumer).
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Hahn in view of LAIR in order to request the analytics data or information from the NWDAF entity of the terminal.
One of ordinary skilled in the art would have been motivated because it would have provided specific UE analytic data in efficient manner to any requesting entity (LAIR: [0040, 0042]: Analytics information provides statistical information of past events and predictive information for future, [0064]). The analytics aids network manager to manage the network or network devices efficiently.
As per claim 4, Hahn discloses the method of claim 1, as set forth above.
However, Hahn does not teach the process wherein the collecting includes requesting the measurement and/or analytics information from an analytics data repository function entity of the WTRU, and obtaining the measurement and/or analytics information from the ADRF of the WTRU.
LAIR, from the same field of endeavor, teaches the process of collecting the measurement and/or analytics information includes requesting the measurement and/or analytics information from an analytics data repository function entity of the WTRU, and obtaining the measurement and/or analytics information from the ADRF of the WTRU (fig. 12: 1201, 1203, [0041, 0062, 0094, 0095], fig. 1: retrieving analytics from the repository entity).
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Hahn in view of LAIR in order to request the analytics data or information from the repository entity of the terminal.
One of ordinary skilled in the art would have been motivated because it would have provided specific UE analytic data in efficient manner (LAIR: [0040, 0042]: Analytics information provides statistical information of past events and predictive information for future, [0064]). The analytics aids network manager to manage the network or network devices efficiently.
As per claim 10, Hahn discloses the method of claim 1, as set forth above.
Hahn does not teach the process of storing the collected measurement and/or analytics information with an analytics data repository function entity.
LAIR, from the same field of endeavor, teaches storing analytics information with an analytics data repository function entity ([fig. 12, [0041, 0062], fig. 1: Data Repositories storing analytics data).
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Hahn in view of LAIR in order to store the analytics information with an analytics data repository entity.
One of ordinary skilled in the art would have been motivated because it would have provided specific UE analytic data in efficient manner (LAIR: [0040, 0042, 0064-0065]).
As per claim 11, Hahn discloses the method of claim 1, as set forth above.
However, Hahn does not teach the process wherein the providing includes providing an indication to the first protocol layer that the collected measurement and/or analytics information is stored with an analytics data repository function entity.
LAIR, from the same field of endeavor, teaches the process of providing an indication to the first protocol layer that the collected measurement and/or analytics information is stored with an analytics data repository function entity ([0064, 0067, 0096]: providing a pointer or reference or indication to the requesting entity).
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Hahn in view of LAIR in order to provide an indication to the first protocol layer regarding the availability of the collected data.
One of ordinary skilled in the art would have been motivated because it would have enabled efficient handling of the collected/analytics data ([0064]).
As per claims 13, 15, 21-22, they do not teach or further define over the limitations in claims 2, 4, 10-11. Therefore, claims 13, 15, 21-22 are rejected for the same reasons as set forth in claims 2, 4, 10-11.
Pertinent Prior Arts
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Taaghol, US 8,547,932 B2: Handover Architecture for non-integrated radio access technologies [Highly Relevant prior art which discloses inter-layer communications of RAT protocol stack. See fig. 1-2].
Lo et al., US 2023/0239333 A1: Metrics Collection and Reporting in 5G
Matolia et al., US 2023/0403677 A1: Data Analytics for Multi-Access Edge Computing
Sirotkin, US 9,344,939 B2: Controlling Radio Access RAT communication managers
Amanat, WO 2018/127622 A1: Performance Indicator for Interworking RATs
Stephenne, US 11,438,915 B2: SDMA Carrier Sharing
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMAL B DIVECHA whose telephone number is 571-272-5863. The examiner can normally be reached IFP Normal Hours M-F: 6am-2pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy C. Johnson can be reached at 571-272-2238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KAMAL B. DIVECHA
Primary Patent Examiner
Art Unit 2453
/KAMAL B DIVECHA/Supervisory Patent Examiner, Art Unit 2453