CTNF 18/700,585 CTNF 94973 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 04/11/2024 was filed by Applicant. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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. With respect to Claim 10 recites: “ A computer program comprising instructions, which when executed by a processor, causes the processor to: obtain characteristics of the respective path ... ” is rejected under 35 U.S.C. 101 because the claim is directed to a software per se , mere information in the form of data, a contract between two parties, or a human being (see MPEP § 2106, subsection I). Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-fti The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim s 1-10 and 12-20 are rejected under 35 U.S.C. § 103 as being unpatentable over 3GPP TS 38.323 V16.2.0, Release 16, “Packet Data Convergence Protocol (PDCP) specification” (ETSI TS 138 323 V16.2.0 (2020-11); “ TS 38.323 ”) in view of Jheng (US 10,536,878 B2; “Jheng”) . Regarding claim 1, (Currently Amended) TS 38.323 discloses: A method performed by a radio node for handling paths for transmissions related to data packets in a wireless communications network, wherein the radio node is represented by any one out of: a wireless device and a network node, transmitting PDCP entity (i.e., “ handling paths for transmissions” as claimed) at the User Equipment (UE) executes specific actions such that a PDCP transmit operation performed by a transmitting PDCP entity in a UE or NG-RAN node (i.e., “ network node” as claimed ) for data transfer of radio bearers (TS 38.323 at pg. 14, §5.2.1). Moreover, TS 38.323 discloses: wherein the wireless device is connected via three or more paths to one or more cell groups, as TS 38.323 at §4.2.1 specifies that for PDCP duplication, each PDCP entity is associated with one, two, three, six, or eight RLC entities, which enabling three or more paths to one or more cell groups (TS 38.323 at pg. 9, §4.2.1). Furthermore, TS 38.323 discloses: and wherein the wireless device is configured with a split radio bearer comprising the three or more paths between the wireless device and the one or more cell groups, PNG media_image1.png 75 1102 media_image1.png Greyscale as TS 38.323 defines a split bearer located in both the MgNB and the SgNB (TS 38.323 at pg. 7, §3.1), and PNG media_image2.png 84 1057 media_image2.png Greyscale specifies that PDCP duplication associates the PDCP entity with up to four RLC entities across cell groups (i.e., “ one or more cell groups” as claimed), with routing and duplication performed in the transmitting entity (TS 38.323 at pg. 9, §4.2.2). With respect to claim 1, TS 38.323 does not explicitly disclose obtaining path characteristics based on signal quality measurements, although TS 38.323 teaches routing based on a data volume threshold (TS 38.323 at pg. 14, §5.2.1): the method comprising: obtaining characteristics of the respective path out of the three or more paths, PNG media_image3.png 282 517 media_image3.png Greyscale However, TS 38.323 in view of Jheng teaches obtaining path characteristics, as Jheng discloses obtaining measurements of channel conditions including RSRP, RSRQ, RLM, and power headroom measurements for the respective paths (Jheng, col. 20, lines 1-8). Besides, TS 38.323 does not explicitly disclose establishing whether to transmit replicas based on obtained path characteristics, whereas TS 38.323 teaches PDCP duplication activation and deactivation for the radio bearer (TS 38.323 at pg. 23, §5.11.1): and based on the obtained characteristics of the respective path, establishing whether to transmit replicas of the data packets, However, TS 38.323 in view of Jheng teaches this establishing, as Jheng discloses activating duplication when measurements meet activation thresholds and deactivating when measurements meet deactivation thresholds (Jheng, col. 20, lines 6-25). Further, TS 38.323 does not explicitly disclose establishing which paths to use based on obtained path characteristics in a three-or-more-path configuration, while TS 38.323 teaches submitting duplicated PDCP Data PDUs to activated RLC entities when duplication is active, and routing to the primary or split secondary RLC entity based on ul-DataSplitThreshold when deactivated (TS 38.323 at pg. 14, §5.2.1): and which one or more paths out of the three or more paths associated to the split radio bearer that shall be used for any one out of: transmitting the data packets on, or transmitting replicas of the data packets on. PNG media_image4.png 270 520 media_image4.png Greyscale However, TS 38.323 in view of Jheng teaches this establishing, as Jheng discloses communicating a first packet on a first logical channel and a duplicated first packet on a second logical channel when duplication is activated, and communicating on only one logical channel when deactivated, based on whether channel condition measurements satisfy predetermined thresholds (Jheng, col. 18, lines 63-67; col. 19, lines 1-10; col. 20, lines 6-25). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the PDCP duplication framework of TS 38.323 to incorporate Jheng ’s measurement-based duplication activation, deactivation , and path selection, where the UE obtains channel condition measurements and determines whether to activate or deactivate PDCP duplication and which paths to use based on whether the measurements satisfy predetermined thresholds. Doing so would predictably allow the wireless device to dynamically control PDCP duplication based on changing channel conditions , reducing wasteful resource consumption while maintaining enhanced reliability when conditions deteriorate (Jheng, col. 14, lines 32-40). Regarding claim 2, (Currently Amended) TS 38.323 discloses that the PDCP sublayer is configured by upper layers via TS 38.331 (TS 38.323 at pg. 8, §4.2.1), but TS 38.323 does not explicitly teach : receiving a configuration from a network node, that configures the wireless device to perform said establishing: The method according to claim 1, wherein the radio node is a wireless device, the method further comprising: receiving a configuration from a network node, that configures the wireless device to perform said establishing. However, TS 38.323 in view of Jheng discloses that the base station sends an RRC connection reconfiguration message including duplication activation/deactivation indicator, session management configuration, and PDCP and logical channel associations to the UE to configure the duplication architecture (Jheng, col. 10, lines 54-62). Accordingly, the rationale to combine TS 38.323 and Jhen is the same as described in claim 1 above. Regarding claim 3, (Currently Amended) TS 38.323 does not explicitly disclose identifying paths as primary, secondary, and tertiary, although TS 38.323 teaches configuring a primary RLC entity and a split secondary RLC entity (TS 38.323 at pg. 7, §3.1): The method according to claim 1, wherein the configuration further comprises any one or more out of: which of the paths to any of the respective one or more cell groups that are associated to the split radio bearer, wherein the paths comprise at least a first path, a second path, and a third path, and which of the respective paths that are identified as a primary path, a secondary path, and a tertiary path. PNG media_image5.png 256 562 media_image5.png Greyscale However, TS 38.323 in view of Jheng teaches this configuration, as TS 38.323 specifies upper-layer configuration of the primary and split secondary RLC entities among up to four associated RLC entities (TS 38.323 at pg. 7, §3.1; pg. 14, §5.2.1), and Jheng discloses that the UE sets up a split bearer with a first logical channel on a first component carrier and a second logical channel on a second component carrier based on the RRC connection reconfiguration message, thereby identifying the paths associated to the split bearer (Jheng, col. 12, lines 25-32; col. 10, lines 54-62). Accordingly, the rationale to combine TS 38.323 and Jhen is the same as described in claim 1 above. Regarding claim 4, (Currently Amended) TS 38.323 does not explicitly disclose measuring signal quality and establishing based on whether measured quality fulfills a criterion, whereas TS 38.323 teaches the PDCP transmit and duplication operations (TS 38.323 at pg. 14, §5.2.1; pg. 23, §5.11.1): The method according to claim 1, wherein: the obtaining of the characteristics of paths related to the split radio bearer comprises measuring the signal quality of the paths comprising at least a first path, a second path, and a third path, to the respective one or more cell groups, and wherein said establishing based on the obtained characteristics of the respective path, comprises: determining whether to transmit replicas of the data packets, and which one or more paths that shall be used for transmitting the data packets on, or transmitting replicas of the data packets on, based on whether the measured signal quality of the respective path is fulfilling a criterion associated to each of the respective path. However, TS 38.323 in view of Jheng teaches this, as Jheng discloses obtaining RSRP, RSRQ, RLM, and power headroom measurements for the respective paths (Jheng, col. 20, lines 1–8), and determining whether to activate or deactivate duplication based on whether those measurements satisfy predetermined thresholds associated with the respective path (Jheng, col. 20, lines 6–25). Accordingly, the rationale to combine TS 38.323 and Jhen is the same as described in claim 1 above. Regarding claim 5, (Currently Amended) TS 38.323 does not explicitly disclose that the configuration comprises the obtaining of path characteristics, while TS 38.323 teaches upper-layer configuration of the PDCP entity (TS 38.323 at pg. 8, §4.2.1): The method according to claim 1, wherein the configuration further comprises the obtaining of said characteristics of paths. However, TS 38.323 in view of Jheng teaches this, as Jheng discloses that the base station configures channel signal condition thresholds via SIB messages or dedicated RRC messages including threshold information and radio bearer identifiers, and upon receiving the threshold information the UE starts monitoring channel signal quality conditions (Jheng, col. 18, lines 20-30). Accordingly, the rationale to combine TS 38.323 and Jhen is the same as described in claim 1 above. Regarding claim 6, (Currently Amended) TS 38.323 discloses: The method according to claim 1, wherein the establishing of whether to transmit replicas of the data packets, and which one or more paths that shall be used for transmitting the data packets on, or transmitting replicas of the data packets on, based on the obtained characteristics of the respective path, is further based on an amount of data in a data buffer of the radio node. TS 38.323 discloses that the transmitting PDCP entity submits the PDCP PDU to the primary or split secondary RLC entity only when the total PDCP and RLC data volume pending for initial transmission meets the ul-DataSplitThreshold, thereby conditioning path selection on an amount of data in the buffer (TS 38.323 at pg. 14, §5.2.1). Regarding claim 7, (Currently Amended) TS 38.323 does not explicitly disclose the specific three-path selection alternative recited, although TS 38.323 teaches submitting to the primary RLC entity when duplication is deactivated and to activated RLC entities when activated (TS 38.323 at pg. 14, §5.2.1): The method according to claim 1, wherein the paths comprise at least a first path, a second path, and a third path, and wherein said establishing comprises: determining whether: a first path shall be used for transmitting the data packets on, and neither of a second path and a third path shall be used for transmitting replicas of the data packets on, or the second path and the third path shall be used for transmitting replicas of the data packets on, and the first path shall not be used for transmitting the data packets on. However, TS 38.323 in view of Jheng teaches this, as the combination teaches a PDCP entity associated with three or more RLC entities (TS 38.323 at pg. 9, §4.2.1) and selective activation or deactivation of duplication where the UE communicates on one logical channel when deactivated or on multiple logical channels when activated (Jheng, col. 18, lines 63-67; col. 19, lines 1-10). Applying this selective duplication principle to a three-path configuration renders obvious determining whether a first path is used for non-duplicated transmission or the second and third paths are used for duplicated transmission. Accordingly, the rationale to combine TS 38.323 and Jhen is the same as described in claim 1 above. Regarding claim 8, (Currently Amended) TS 38.323 does not explicitly disclose the recited selection among paths for replicas , whereas TS 38.323 teaches submitting duplicated PDUs to activated RLC entities (TS 38.323 at pg. 14, §5.2.1) and activating duplication for specific associated RLC entities (TS 38.323 at pg. 23, §5.11.1) : The method according to claim 1, wherein the paths comprise at least a first path, a second path, and a third path, and wherein said establishing, comprises: determining to send replicas of the data packets and that the first path shall be used for transmitting one replica of data packets on and determining that any one out of: the second path shall be used for transmitting another replica of the data packets on, or the third path shall be used for transmitting another replica of the data packets on. However, Jheng discloses configuring and activating PDCP duplication functionality on a per radio bearer basis where the UE communicates a first packet on a first logical channel and a duplicated packet on a second logical channel (Jheng, col. 13, lines 7-15; col. 18, lines 63-67). In a three-RLC-entity configuration, the combined teaching renders obvious transmitting one replica on the first path and another on either the second or third path, depending on which RLC entities are activated for duplication . Accordingly, the rationale to combine TS 38.323 and Jhen is the same as described in claim 1 above. Regarding claim 9, (Currently Amended) TS 38.323 in view of Jheng does not explicitly disclose a third cell group comprising an SCG2 or a Tertiary Cell Group, although TS 38.323 teaches split bearer operation across a Master Cell Group and a Secondary Cell Group (TS 38.323 at pg. 7, §3.1): The method according to claim 1, wherein any one or more out of: the one or more cell groups comprises a Master Cell Group (MCG), a Secondary Cell Group (SCG) and one or more third cell group, and the third cell group comprises any one out of: an SCG2 or a Tertiary Cell Group (TCG) . However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dual-connectivity architecture of TS 38.323 in view of Jheng to include a third cell group (SCG2 or TCG) in addition to the MCG and SCG. Adding a third cell group performing the same cell-group function , providing radio resources for bearer routing and PDCP duplication. This step constitutes a mere duplication of the existing SCG concept and yields the predictable result of extending multi-connectivity to an additional node. (See MPEP § 2144.04(VI)(B )) Moreover, scaling from two cell groups to three is a change in degree, not in kind , as the PDCP architecture of TS 38.323 already supports association with up to four RLC entities per PDCP entity (TS 38.323 at pg. 9, §4.2.1), providing the protocol infrastructure to accommodate bearers across more than two cell groups . (See MPEP § 2144.04(IV)(A) ). Doing so would have predictably increased throughput, reliability , and path diversity, well-recognized design objectives in 5G NR systems with a reasonable expectation of success given the existing multi-RLC-entity support. Regarding claim 10, (Currently Amended) TS 38.323 does not explicitly disclose the recited computer program, although TS 38.323 teaches the PDCP transmit, routing, and duplication procedures (TS 38.323 at pg. 14, §5.2.1): A computer program comprising instructions, which when executed by a processor, causes the processor to: obtain characteristics of the respective path out of the three or more paths, and based on the obtained characteristics of the respective path, establish whether to transmit replicas of the data packets, and which one or more paths out of the three or more paths associated to the split radio bearer that shall be used for any one out of: transmit the data packets on, or transmit replicas of the data packets. However, TS 38.323 in view of Jheng teaches this, as Jheng discloses a computer-readable medium with instructions causing a processor to obtain channel condition measurements and determine whether to activate duplication and which logical channels to use based on whether the measurements satisfy predetermined thresholds (Jheng, col. 2, lines 44-58; col. 4, lines 22-35; col. 20, lines 6-25). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement the PDCP operations of TS 38.323 as a computer program incorporating Jheng’s measurement-based duplication control, as implementing protocol operations in software is conventional in wireless communications (Jheng, col. 4, lines 22-35). Doing so would predictably allow software-based dynamic PDCP duplication control, reducing resource waste while maintaining reliability as conditions change. Regarding claim 11, (Canceled) Regarding claim 12, (Currently Amended) A radio node configured to handle paths for transmissions related to Uplink (UL) data packets in a wireless communications network, wherein the radio node is adapted to be any one out of: a wireless device and a network node, wherein the wireless device is connectable to via three or more paths to one or more cell groups, and wherein the wireless device is adapted to be configured with a split radio bearer comprising the three or more paths between the wireless device and the one or more cell groups, the radio node further configured to: obtain characteristics of the respective path out of the three or more paths, and based on the obtained characteristics of the respective path, establish whether to transmit replicas of the data packets, and which one or more paths out of the three or more paths associated to the split radio bearer that shall be used for any one out of: transmitting the data packets on, or transmitting replicas of the data packets on. Claim 12 is analogous to claim 1 and therefore Claim 12 is rejected for the same reason set forth. Regarding claim 13, (Currently Amended) The radio node according to claim 12, further configured to: receive a configuration from a network node, the configuration is adapted to configure the wireless device to perform said establishing. Claim 13 is analogous to claim 2 and therefore Claim 13 is rejected for the same reason set forth. Regarding claim 14, (Currently Amended) The radio node according to claim 12, wherein the configuration further comprises any one or more out of: which of the paths to any of the respective one or more cell groups, that are associated to the split radio bearer, wherein the paths are adapted to comprise at least a first path, a second path, and a third path, and which of the respective paths that are identified as a primary path, a secondary path, and a tertiary path. Claim 14 is analogous to claim 3 and therefore Claim 14 is rejected for the same reason set forth. Regarding claim 15, (Currently Amended) The radio node according to claim 13, further being configured to: obtain the characteristics of paths related to the split radio bearer by measuring the signal quality of the paths, adapted to comprise at least a first path, a second path, and a third path, to the respective MCG, SCG, and the third cell group, and establish, based on the obtained characteristics of the respective path, by determining whether to transmit replicas of the data packets, and which one or more paths that shall be used for transmitting the data packets on, or transmitting replicas of the data packets on, based on whether the measured signal quality of the respective path is fulfilling a criterion associated to each of the respective path. Claim 15 is analogous to claim 4 and therefore Claim 15 is rejected for the same reason set forth. Regarding claim 16, (Currently Amended) The radio node according to claim 12, which the configuration further is adapted to comprise the obtaining of said characteristics of paths. Claim 16 is analogous to claim 5 and therefore Claim 16 is rejected for the same reason set forth. Regarding claim 17, (Currently Amended) The radio node according to claim 12, further configured to establish whether to transmit replicas of the data packets, and which one or more paths that shall be used for transmitting the data packets on, or transmitting replicas of the data packets on, based on the obtained characteristics of the respective path, further based on an amount of data in a data buffer of the radio node. Claim 17 is analogous to claim 6 and therefore Claim 17 is rejected for the same reason set forth. Regarding claim 18, (Currently Amended) The radio node according to claim 12, wherein the paths are adapted to comprise at least a first path, a second path, and a third path, and wherein the radio node further is configured to perform said establishing by determining whether: a first path shall be used for transmitting the data packets on, and neither of a second path and a third path shall be used for transmitting replicas of the data packets on, or the second path and the third path shall be used for transmitting replicas of the data packets on, and the first path shall not be used for transmitting the data packets on. Claim 18 is analogous to claim 7 and therefore Claim 18 is rejected for the same reason set forth. Regarding claim 19, (Currently Amended) The radio node according to claim 12, wherein the paths are adapted to comprise at least a first path, a second path, and a third path, and wherein the wireless device further is configured to perform said establishing by: determining to send replicas of the data packets and that the first path shall be used for transmitting one replica of data packets on and determining that any one out of: the second path shall be used for transmitting another replica of the data packets on, or the third path shall be used for transmitting another replica of the data packets on. Claim 19 is analogous to claim 8 and therefore Claim 19 is rejected for the same reason set forth. Regarding claim 20, (Currently Amended) The radio node according to claim 12, wherein any one or more out of: the one or more cell groups are adapted to comprise a Master Cell Group (MCG) a Secondary Cell Group (SCG), and one or more third cell group, and wherein the third cell group is adapted to comprise any one out of: an SCG2 or a Tertiary Cell Group (TCG). Claim 20 is analogous to claim 9 and therefore Claim 20 is rejected for the same reason set forth. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONGSUH (John) PARK whose telephone number is 408-918-7574. The examiner can normally be reached Monday - Friday 8:00-5:30 PST 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, Avellino, Joseph can be reached at 571-272-3905 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /CHONGSUH PARK/Examiner, Art Unit 2478 /KODZOVI ACOLATSE/Primary Examiner, Art Unit 2478 Application/Control Number: 18/700,585 Page 2 Art Unit: 2478 Application/Control Number: 18/700,585 Page 3 Art Unit: 2478 Application/Control Number: 18/700,585 Page 4 Art Unit: 2478 Application/Control Number: 18/700,585 Page 5 Art Unit: 2478 Application/Control Number: 18/700,585 Page 6 Art Unit: 2478 Application/Control Number: 18/700,585 Page 7 Art Unit: 2478 Application/Control Number: 18/700,585 Page 8 Art Unit: 2478 Application/Control Number: 18/700,585 Page 9 Art Unit: 2478 Application/Control Number: 18/700,585 Page 10 Art Unit: 2478 Application/Control Number: 18/700,585 Page 11 Art Unit: 2478 Application/Control Number: 18/700,585 Page 12 Art Unit: 2478 Application/Control Number: 18/700,585 Page 13 Art Unit: 2478 Application/Control Number: 18/700,585 Page 14 Art Unit: 2478 Application/Control Number: 18/700,585 Page 15 Art Unit: 2478 Application/Control Number: 18/700,585 Page 16 Art Unit: 2478 Application/Control Number: 18/700,585 Page 17 Art Unit: 2478
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