DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on June 4, 2024, and February 14, 2025, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
Figures 1-5 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 42 is rejected under 35 U.S.C 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a computer-readable storage medium which, given its broadest reasonable interpretation, would typically cover forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter.
In an effort to assist the patent community in overcoming the rejection under 35 U.S.C. § 101, the USPTO suggests the following approach. A claim drawn to such a computer readable medium (or the like) that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claim, e.g. "non-transitory computer-readable medium". Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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) 23-24, 26, 28-29, 32-34, 36, 38-39, and 42 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu (US 20220052956 A1).
Regarding claim 23, Hu teaches a method performed by a network node (first network device of Fig. 14), for calculating an uplink (UL) radio access network average delay in a wireless communication network comprising a first radio network node and a second radio network node providing dual connectivity to a user equipment (UE), (Fig, 14; [0222] S404: The first network device determines an uplink delay of the first DRB based on the third delay, a fourth delay, and the fifth delay. [0008] In a possible implementation, this embodiment may be applied to a multi-radio dual connectivity (MR-DC) scenario.) the method comprising:
applying a weighting to a number of packets respectively sent via the first radio network node and the second radio network node when no packet duplication is applied or to a time period during which packets were sent via the first radio network node or the second radio network node when no packet duplication is applied ([0184] It should be noted that the first data packet and the second data packet are merely used to distinguish between data transmitted on different paths. If the non-DC duplication manner is used, the first data packet and the second data packet may be several different data packets. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. For example, the first network device uses an average network-side delay on the first path in a first time window (a time period during which packets were sent via the first radio network node) as a network-side delay on the first path. [0195] A manner in which the first network device determines the uplink delay on the network side may be that a delay of each data packet on the first path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fourth delay. Similarly, that the second network device internally measures the uplink delay is that a delay of each data packet on the second path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing (for example, a time point at which the data packet is sent to the core network or a time point at which the PDCP layer submits the data packet to the upper layer) is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fifth delay. Hu treats packets sent with duplication enabled or duplication disabled the same, since Hu is calculating the average delay of a packet (whether duplicated or not) in both the first and second paths. In other words, Hu is calculating the average delay of a packet by averaging the delay of all of the packets sent over a period of time (with and without duplication) on both paths.),
wherein the weighting further includes a number of packets sent via the first radio network node and the second radio network node when packet duplication is applied or a time period during which packets were sent via the first radio network node and the second radio network node when packet duplication is applied ([0184] It should be noted that the first data packet and the second data packet are merely used to distinguish between data transmitted on different paths. In specific application, if the DC duplication manner is used, the first data packet and the second data packet may be several identical data packets. [0208] If a CA duplication manner is used, the UE duplicates a data packet of the DRB to obtain two data packets, sends one data packet to the first RLC entity of the first network device through the first path, and sends the other data packet to the second RLC entity of the first network device through the second path. The first network device measures the network-side delay of the DRB on the first path and the network-side delay of the DRB on the second path. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. For example, the first network device uses an average network-side delay on the first path in a first time window (a time period during which packets were sent via the first radio network node) as a network-side delay on the first path. [0195] A manner in which the first network device determines the uplink delay on the network side may be that a delay of each data packet on the first path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fourth delay. Similarly, that the second network device internally measures the uplink delay is that a delay of each data packet on the second path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing (for example, a time point at which the data packet is sent to the core network or a time point at which the PDCP layer submits the data packet to the upper layer) is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fifth delay. Hu treats packets sent with duplication enabled or duplication disabled the same, since Hu is calculating the average delay of a packet (whether duplicated or not) in both the first and second paths. In other words, Hu is calculating the average delay of a packet by averaging the delay of all of the packets sent over a period of time (with and without duplication) on both paths.), and
wherein the weighting also includes a respective delay calculation for one or more packets, or periods, with duplication, and one or more packets, or periods, without duplication ([0166] It should be noted that, unless otherwise specified, the following DC scenario includes DC duplication and a non-duplication DC. [0208] If a CA duplication manner is used, the UE duplicates a data packet of the DRB to obtain two data packets, sends one data packet to the first RLC entity of the first network device through the first path, and sends the other data packet to the second RLC entity of the first network device through the second path. The first network device measures the network-side delay of the DRB on the first path and the network-side delay of the DRB on the second path. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. [0184] If the non-DC duplication manner is used, the first data packet and the second data packet may be several different data packets. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path.); and
calculating an UL radio access network average delay of a packet transmission taking into account the applied weighting ([0227] A manner in which the network device determines an uplink delay on a network side may be that the network side separately measures and determines a network-side processing delay on the two paths. For example, an average value of the two paths may be used as a network-side delay. For example, average value=average (D2 on a path 1, D2 on a path 2). Since the calculation of D2 on path 1 (fourth delay) and D2 on path 2 (fifth delay) each take into account the applied weighting, (see rejection of limitations above) then it follows that the average of both D2 on path 1 and path 2 also take into account the applied weighting.), and
further also taking into account an uplink delay component reported by the UE, wherein the uplink delay component is not separated into a first radio network node part and a second radio network node part ([0227] The network device obtains a combined D2 based on D2 on each path, and then obtains a final delay measurement result based on the combined D1 reported by the UE, that is, determines a final delay of the DRB (where the final delay is the uplink delay of the first DRB). [0228] the UE comprehensively measures an average terminal-side delay D1 on the path 1 and the path 2 (or the UE measures an average UE-side delay D1 of a data packet of a DRB 1). Then, the UE sends a measurement result D1 to the gNB 1. and the gNB 1 finally determines an uplink delay of the DRB 1. [0229] FIG. 8 is used as an example, where final uplink delay of the DRB 1=uplink delay D1 reported by the UE (for example, an average value of D1 on the path 1 and D1 on the path 2)+uplink delay D2 determined by the gNB 1 (for example, an average value of D2 on the path 1 and D2 on the path 2).).
Regarding claim 24, Hu teaches the method according to claim 23, further comprising - obtaining one or more indications of the respective delay calculation and number of packets transmitted with duplication and/or non-duplication over a respective period ([0221] S403: A second network device sends a fifth delay to the first network device (indications of the respective delay calculation), and the first network device receives the fifth delay from the second network device, where the fifth delay is a network-side delay on the second path. [0195] Similarly, that the second network device internally measures the uplink delay is that a delay of each data packet on the second path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing (for example, a time point at which the data packet is sent to the core network or a time point at which the PDCP layer submits the data packet to the upper layer) is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fifth delay. [0166] It should be noted that, unless otherwise specified, the following DC scenario includes DC duplication and a non-duplication DC. The network side delay on the second path takes into account a number of packets transmitted with duplication and/or non-duplication over a respective period.).
Regarding claim 26, Hu teaches the method according to claim 23, wherein the uplink delay component comprises a single value for Uplink packet data convergence protocol (PDCP) average queueing delay or indicate an UL PDCP packet average delay over a bearer between the UE and the first and second radio network node ([0225] A manner in which the UE determines an uplink delay on a UE side may be that a delay that corresponds to each data packet on each of the first path and the second path and that is between a time point at which the data packet is received from a PDCP upper-layer SAP or an SDAP upper-layer SAP and a time point at which an uplink grant for transmitting the data packet is obtained is measured in a specific periodicity, and then an average value of delays of these data packets is used as the third delay. [0226] Compared with the two delays reported by the UE in Embodiment 1 or Embodiment 2, one delay is reported by the UE side in this embodiment. The UE obtains combined D1 based on D1 on each path, and reports the combined D1 to the network device. The combination may be taking an average value, a maximum value, a minimum value, or the like. This is not limited in this embodiment.).
Regarding claim 28, Hu teaches the method according to claim 23, wherein calculating the UL radio access network average delay is accounted separately for different secondary nodes (SN) or secondary cell group (SCG) cells ([0161] An MCG refers to a group of serving cells on the master node in MR-DC. These serving cells include a primary cell and one or more optional secondary cells. An SCG refers to a group of serving cells on the secondary node in MR-DC. These serving cells include a primary secondary cell and one or more optional secondary cells. [0007] In this embodiment, in a scenario in which one DRB corresponds to two or more RLC entity bearers (that is, a data packet of one DRB is transmitted on two or more paths), UE may separately perform UE-side delay measurement on each path, and a network device may separately perform network-side delay measurement on each path, and finally determine an uplink delay of the DRB, thereby implementing DRB delay measurement. Thus it follows that if there are more than two paths, one primary cell and two secondary cells for example, according to Hu the UE may separately perform UE-side delay measurements on each path and the network may separately perform network-side delay measurements on each path.).
Regarding claim 29, Hu teaches the method according to claim 23, wherein calculating the UL radio access network average delay is further taking into account sub-periods or packets sent in conjunction with different bearer properties ([0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. For example, the first network device uses an average network-side delay on the first path in a first time window (first sub-period) as a network-side delay on the first path, and the UE uses an average UE-side delay in a second time window (second sub-period) on the first path as a UE-side delay on the first path. Duration of the first time window and duration of the second time window may be the same, or may be different. Data packets transmitted on the first path in the first time window and the second time window belong to the first DRB. The data packets transmitted on the first path in the first time window and the second time window may be exactly the same, or may be different. There are one or more first data packets and one or more second data packets, and quantities of first data packets and second data packets may be the same, or may be different.).
Regarding claim 32, Hu teaches the method according to claim 23, wherein the calculated UL radio access network average delay further takes into account an average delay in a central unit- user plane (CU-UP) during a measurement period ([0195] Alternatively, the first network device separately measures an average delay (in a specific periodicity) of each data packet on the first path between a time point at which the DU schedules the data packet and a time point at which the DU sends the data packet to a CU-UP, an F1 interface delay, and an average delay of the CU-UP (which is an average delay between a time point at which the CU-UP receives each data packet through the F1 interface and a time point at which the CU-UP sends the data packet to a core network), and then adds up these delays to obtain the fourth delay.)
Regarding claim 33, Hu teaches a network node (first network device of Fig. 14) for calculating an uplink (UL) radio access network average delay in a wireless communication network comprising a first radio network node and a second radio network node providing dual connectivity to a user equipment (UE) (Fig, 14; [0222] S404: The first network device determines an uplink delay of the first DRB based on the third delay, a fourth delay, and the fifth delay. [0008] In a possible implementation, this embodiment may be applied to a multi-radio dual connectivity (MR-DC) scenario.), wherein the network node comprises processing circuitry configured to:
apply a weighting to a number of packets respectively sent via the first radio network node and the second radio network node when no packet duplication is applied or to a time period during which packets were sent via the first radio network node or the second radio network node when no packet duplication is applied ([0184] It should be noted that the first data packet and the second data packet are merely used to distinguish between data transmitted on different paths. If the non-DC duplication manner is used, the first data packet and the second data packet may be several different data packets. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. For example, the first network device uses an average network-side delay on the first path in a first time window (a time period during which packets were sent via the first radio network node) as a network-side delay on the first path. [0195] A manner in which the first network device determines the uplink delay on the network side may be that a delay of each data packet on the first path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fourth delay. Similarly, that the second network device internally measures the uplink delay is that a delay of each data packet on the second path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing (for example, a time point at which the data packet is sent to the core network or a time point at which the PDCP layer submits the data packet to the upper layer) is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fifth delay. Hu treats packets sent with duplication enabled or duplication disabled the same, since Hu is calculating the average delay of a packet (whether duplicated or not) in both the first and second paths. In other words, Hu is calculating the average delay of a packet by averaging the delay of all of the packets sent over a period of time (with and without duplication) on both paths.),
wherein the weighting further includes a number of packets sent via the first radio network node and the second radio network node when packet duplication is applied or a time period during which packets were sent via the first radio network node and the second radio network node when packet duplication is applied ([0184] It should be noted that the first data packet and the second data packet are merely used to distinguish between data transmitted on different paths. In specific application, if the DC duplication manner is used, the first data packet and the second data packet may be several identical data packets. [0208] If a CA duplication manner is used, the UE duplicates a data packet of the DRB to obtain two data packets, sends one data packet to the first RLC entity of the first network device through the first path, and sends the other data packet to the second RLC entity of the first network device through the second path. The first network device measures the network-side delay of the DRB on the first path and the network-side delay of the DRB on the second path. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. For example, the first network device uses an average network-side delay on the first path in a first time window (a time period during which packets were sent via the first radio network node) as a network-side delay on the first path. [0195] A manner in which the first network device determines the uplink delay on the network side may be that a delay of each data packet on the first path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fourth delay. Similarly, that the second network device internally measures the uplink delay is that a delay of each data packet on the second path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing (for example, a time point at which the data packet is sent to the core network or a time point at which the PDCP layer submits the data packet to the upper layer) is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fifth delay. Hu treats packets sent with duplication enabled or duplication disabled the same, since Hu is calculating the average delay of a packet (whether duplicated or not) in both the first and second paths. In other words, Hu is calculating the average delay of a packet by averaging the delay of all of the packets sent over a period of time (with and without duplication) on both paths.), and
wherein the weighting also includes a respective delay calculation for one or more packets, or periods, with duplication, and one or more packets, or periods, without duplication ([0166] It should be noted that, unless otherwise specified, the following DC scenario includes DC duplication and a non-duplication DC. [0208] If a CA duplication manner is used, the UE duplicates a data packet of the DRB to obtain two data packets, sends one data packet to the first RLC entity of the first network device through the first path, and sends the other data packet to the second RLC entity of the first network device through the second path. The first network device measures the network-side delay of the DRB on the first path and the network-side delay of the DRB on the second path. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. [0184] If the non-DC duplication manner is used, the first data packet and the second data packet may be several different data packets. [0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path.), and
calculate an UL radio access network average delay of a packet transmission taking into account the weighting ([0227] A manner in which the network device determines an uplink delay on a network side may be that the network side separately measures and determines a network-side processing delay on the two paths. For example, an average value of the two paths may be used as a network-side delay. For example, average value=average (D2 on a path 1, D2 on a path 2). Since the calculation of D2 on path 1 (fourth delay) and D2 on path 2 (fifth delay) each take into account the applied weighting, (see rejection of limitations above) then it follows that the average of both D2 on path 1 and path 2 also take into account the applied weighting.), and
further also taking into account an uplink delay component reported by the UE, wherein the uplink delay component is not separated into a first radio network node part and a second radio network node part ([0227] The network device obtains a combined D2 based on D2 on each path, and then obtains a final delay measurement result based on the combined D1 reported by the UE, that is, determines a final delay of the DRB (where the final delay is the uplink delay of the first DRB). [0228] the UE comprehensively measures an average terminal-side delay D1 on the path 1 and the path 2 (or the UE measures an average UE-side delay D1 of a data packet of a DRB 1). Then, the UE sends a measurement result D1 to the gNB 1. and the gNB 1 finally determines an uplink delay of the DRB 1. [0229] FIG. 8 is used as an example, where final uplink delay of the DRB 1=uplink delay D1 reported by the UE (for example, an average value of D1 on the path 1 and D1 on the path 2)+uplink delay D2 determined by the gNB 1 (for example, an average value of D2 on the path 1 and D2 on the path 2).).
Regarding claim 34, Hu teaches the network node according to claim 33, wherein the processing circuitry is configured to obtain one or more indications of the respective delay calculation and number of packets transmitted with duplication and/or non-duplication over a respective period ([0221] S403: A second network device sends a fifth delay to the first network device (indications of the respective delay calculation), and the first network device receives the fifth delay from the second network device, where the fifth delay is a network-side delay on the second path. [0195] Similarly, that the second network device internally measures the uplink delay is that a delay of each data packet on the second path between a time point at which the base station schedules the data packet and a time point at which the base station receives the data packet for processing (for example, a time point at which the data packet is sent to the core network or a time point at which the PDCP layer submits the data packet to the upper layer) is measured in a specific periodicity, and then an average value of delays of these data packets is used as the fifth delay. [0166] It should be noted that, unless otherwise specified, the following DC scenario includes DC duplication and a non-duplication DC. The network side delay on the second path takes into account a number of packets transmitted with duplication and/or non-duplication over a respective period.).
Regarding claim 36, Hu teaches the network node according to claim 33, wherein the uplink delay component comprises a single value for Uplink packet data convergence protocol (PDCP) average queueing delay or indicate an UL PDCP packet average delay over a bearer between the UE and the first and second radio network node ([0225] A manner in which the UE determines an uplink delay on a UE side may be that a delay that corresponds to each data packet on each of the first path and the second path and that is between a time point at which the data packet is received from a PDCP upper-layer SAP or an SDAP upper-layer SAP and a time point at which an uplink grant for transmitting the data packet is obtained is measured in a specific periodicity, and then an average value of delays of these data packets is used as the third delay. [0226] Compared with the two delays reported by the UE in Embodiment 1 or Embodiment 2, one delay is reported by the UE side in this embodiment. The UE obtains combined D1 based on D1 on each path, and reports the combined D1 to the network device. The combination may be taking an average value, a maximum value, a minimum value, or the like. This is not limited in this embodiment.).
Regarding claim 38, Hu teaches the network node according to claim 33, wherein the processing circuitry is configured to calculate the UL radio access network average delay separately for different secondary nodes (SN) or secondary cell groups (SCG) cells ([0161] An MCG refers to a group of serving cells on the master node in MR-DC. These serving cells include a primary cell and one or more optional secondary cells. An SCG refers to a group of serving cells on the secondary node in MR-DC. These serving cells include a primary secondary cell and one or more optional secondary cells. [0007] In this embodiment, in a scenario in which one DRB corresponds to two or more RLC entity bearers (that is, a data packet of one DRB is transmitted on two or more paths), UE may separately perform UE-side delay measurement on each path, and a network device may separately perform network-side delay measurement on each path, and finally determine an uplink delay of the DRB, thereby implementing DRB delay measurement. Thus it follows that if there are more than two paths, one primary cell and two secondary cells for example, according to Hu the UE may separately perform UE-side delay measurements on each path and the network may separately perform network-side delay measurements on each path.).
Regarding claim 39, Hu teaches the network node according to claim 33, wherein the processing circuitry is configured to calculate the UL radio access network average delay by further taking into account:
sub-periods or packets sent in conjunction with different bearer properties ([0185] Optionally, when a delay on a path is measured, an average delay on the path in a period of time may be measured, and the average delay is used as a delay on the path. For example, the first network device uses an average network-side delay on the first path in a first time window (first sub-period) as a network-side delay on the first path, and the UE uses an average UE-side delay in a second time window (second sub-period) on the first path as a UE-side delay on the first path. Duration of the first time window and duration of the second time window may be the same, or may be different. Data packets transmitted on the first path in the first time window and the second time window belong to the first DRB. The data packets transmitted on the first path in the first time window and the second time window may be exactly the same, or may be different. There are one or more first data packets and one or more second data packets, and quantities of first data packets and second data packets may be the same, or may be different.); and/or
an average delay in a central unit- user plane (CU-UP) during a measurement period ([0195] Alternatively, the first network device separately measures an average delay (in a specific periodicity) of each data packet on the first path between a time point at which the DU schedules the data packet and a time point at which the DU sends the data packet to a CU-UP, an F1 interface delay, and an average delay of the CU-UP (which is an average delay between a time point at which the CU-UP receives each data packet through the F1 interface and a time point at which the CU-UP sends the data packet to a core network), and then adds up these delays to obtain the fourth delay.).
Regarding claim 42, Hu teaches a computer-readable storage medium, having stored thereon a computer program product comprising instructions which, when executed on at least one processor of a network node, cause the at least one processor to carry out the method according to claim 23 ([0094] According to a fourteenth aspect, an embodiment provides a computer-readable storage medium. The readable storage medium stores instructions, and when the instructions are run on a computer, the computer is enabled to perform the communication method described in any one of the foregoing aspects.).
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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) 25, 30-31, 35, and 40-41 are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of 3GPP TSG-RAN WG2 #112e, Electron meeting, November 2nd-13th 2020, “On additional layer-2 measurements”, Ericsson; hereinafter NPL1.
Regarding claim 25, Hu teaches the method according to claim 23, but does not teach wherein the weighting comprises deriving a first weight for a first delay calculated at the first radio network node and a second weight for a second delay calculated at the second radio network node, on the basis of at least one of the following:
a first number of packets for a given bearer sent via the first radio network node and a second number of packets sent via the second radio network node when the duplication was not enabled and the first and second delays experienced by packets of the first radio network node and the second radio network node; and/or
a third number of packets for the given bearer sent via both the first radio network node and the second radio network node when the duplication was enabled and the first and second delays experienced by packets of the first radio network node and the second radio network node.
NPL1 in the same field of endeavor of layer-2 measurements in wireless communications teaches a first number of packets for a given bearer sent via the first radio network node and a second number of packets sent via the second radio network node when the duplication was not enabled and the first and second delays experienced by packets of the first radio network node and the second radio network node (Page 2, Split bearers without PDCP duplication section, In the case of split bearer without PDCP duplication, different packets associated to the DRB are sent over the MCG and the SCG. Example scenario shows Number of packets sent over MCG and SCG during the measurement period and Total delay experienced on MN side and SN side.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the weighted average calculation of NPL1 in the methods of determining the UL delay of a DRB of Hu. The motivation to do so would have been to consider the number of packets sent via each network node during a measurement period when calculating the total RAN delay experienced by UL packets (NPL1; Page 2, Split bearers without PDCP duplication section).
Regarding claim 30, Hu teaches the method according to claim 23 but does not teach further comprising initiating usage of the calculated UL radio access network average delay.
NPL1 in the same field of endeavor of layer-2 measurements in wireless communications teaches further comprising initiating usage of the calculated UL radio access network average delay (Page 1, Section 2 Discussion, row 4-10, One aspect of delay measurement usage is to report the for the QoS assurance functions running in the core network.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the weighted average calculation of NPL1 in the methods of determining the UL delay of a DRB of Hu. The motivation to do so would have been to consider the number of packets sent via each network node during a measurement period when calculating the total RAN delay experienced by UL packets (NPL1; Page 2, Split bearers without PDCP duplication section).
Regarding claim 31, NPL1 teaches the method according to claim 30, wherein the calculated UL radio access network average delay is used for operation administration and maintenance (OAM), performance observability or for quality of service (QoS), verification of minimization drive test (MDT), or for QoS monitoring (Page 1, Section 2 Discussion, row 4-10, One aspect of delay measurement usage is to report the for the QoS assurance functions running in the core network.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the weighted average calculation of NPL1 in the methods of determining the UL delay of a DRB of Hu. The motivation to do so would have been to consider the number of packets sent via each network node during a measurement period when calculating the total RAN delay experienced by UL packets (NPL1; Page 2, Split bearers without PDCP duplication section).
Regarding claim 35, Hu teaches the network node according to claim 33, but does not teach wherein the weighting comprises deriving a first weight for a first delay calculated at the first radio network node and a second weight for a second delay calculated at the second radio network node, on the basis of at least one of the following:
a first number of packets for a given bearer sent via the first radio network node and a second number of packets sent via the second radio network node when the duplication was not enabled and the first and second delays experienced by packets of the first radio network node and the second radio network node; and/or
a third number of packets for the given bearer sent via both the first radio network node and the second radio network node when the duplication was enabled and the first and second delays experienced by packets of the first radio network node and the second radio network node.
NPL1 in the same field of endeavor of layer-2 measurements in wireless communications teaches a first number of packets for a given bearer sent via the first radio network node and a second number of packets sent via the second radio network node when the duplication was not enabled and the first and second delays experienced by packets of the first radio network node and the second radio network node (Page 2, Split bearers without PDCP duplication section, In the case of split bearer without PDCP duplication, different packets associated to the DRB are sent over the MCG and the SCG. Example scenario shows Number of packets sent over MCG and SCG during the measurement period and Total delay experienced on MN side and SN side.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the weighted average calculation of NPL1 in the methods of determining the UL delay of a DRB of Hu. The motivation to do so would have been to consider the number of packets sent via each network node during a measurement period when calculating the total RAN delay experienced by UL packets (NPL1; Page 2, Split bearers without PDCP duplication section).
Regarding claim 40, Hu teaches the network node according to claim 33, but does not teach wherein the processing circuitry is further configured to initiate usage of the calculated UL radio access network average delay.
NPL1 in the same field of endeavor of layer-2 measurements in wireless communications teaches further comprising initiating usage of the calculated UL radio access network average delay (Page 1, Section 2 Discussion, row 4-10, One aspect of delay measurement usage is to report the for the QoS assurance functions running in the core network.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the weighted average calculation of NPL1 in the methods of determining the UL delay of a DRB of Hu. The motivation to do so would have been to consider the number of packets sent via each network node during a measurement period when calculating the total RAN delay experienced by UL packets (NPL1; Page 2, Split bearers without PDCP duplication section).
Regarding claim 41, NPL1 teaches the network node according to claim 40, wherein the calculated UL radio access network average delay is used for operation administration and maintenance (OAM), performance observability or for quality of service (QoS), verification of minimization drive test (MDT), or for QoS monitoring (Page 1, Section 2 Discussion, row 4-10, One aspect of delay measurement usage is to report the for the QoS assurance functions running in the core network.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the weighted average calculation of NPL1 in the methods of determining the UL delay of a DRB of Hu. The motivation to do so would have been to consider the number of packets sent via each network node during a measurement period when calculating the total RAN delay experienced by UL packets (NPL1; Page 2, Split bearers without PDCP duplication section).
Allowable Subject Matter
Claims 27 and 37 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (WO 2022267019 A1) discloses embodiments related to a packet delay determination method comprising receiving a packet delay; or receiving calculation parameters for the packet delay and calculating packet delay according to the calculation parameters.
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/NANCY SIXTO/Examiner, Art Unit 2465
/GARY MUI/Supervisory Patent Examiner, Art Unit 2465
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