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 .
Response to Arguments
This Office action is considered fully responsive to the amendment filed 07/17/2026.
The previous specification objections are maintained as they have not been addressed.
Response to Arguments
Applicant's arguments filed 07/17/2026 have been fully considered but they are not persuasive.
Applicant argues (pages 8-9, Remarks):
The Office action maps the claimed "statistical parameter" to Hassan's Ratio_1. Hassan discloses Ratio_1 = (ATi - AT2)/period, where ATi is the timing offset of a first packet and AT2 is the timing offset of the next consecutive packet. See Office action at pgs. 4-5; Hassan, p. 43, 11. 5-25. Ratio_1 is a per-packet trend indicator. It measures whether the delay jitter is increasing or decreasing between two successive packets. It is a derivative, not a statistical characterization of jitter distribution including a distribution parameter of the delay jitter, where the distribution parameter of the delay jitter comprises a range of the delay jitter.
In contrast, the claimed "distribution parameter" is a statistical characterization of the jitter distribution, e.g. representing the minimum and maximum boundaries of the delay jitter distribution. See published specification, 1 [0013]-[0014], [0151]-[0152], [0170], [0192]- [0195]. The distribution parameter captures the spread of jitter observed as a statistical characterization of the jitter distribution. Hassan's Ratio_1 is none of these things. It is not a range, a variance, a mean, or any other distribution parameter. It is a single reactive metric used as a threshold-comparison trigger. Accordingly, Hassan does not disclose the "statistical parameter" or "distribution parameter" based on delay jitter information as recited in amended claims 1, 6, 11, and 16.
Examiner respectfully disagrees. 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., representing the minimum and maximum boundaries of the delay jitter distribution, a variance, a mean) 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).
Applicant argues (pages 9-10, Remarks):
Additionally, the amended independent claims further require that the CG resource be determined based on both (1) the range of the delay jitter and (2) an ideal arrival time of a service frame. For example, as described in the specification, the range [Lrange, Rrange] combined with the ideal arrival time T yields a CG resource spanning [T+Lrange, T+Rrange]
- which can be regarded as a time-domain resource window matched to the expected arrival interval of the service frame. See published specification, 1 [0015], [0190], [0196]; Figs. 19- 20.
Hassan discloses no such CG resource determination. Hassan's resource-switching mechanism is triggered reactively when Ratio_1 exceeds a threshold, and the UE selects among preconfigured active CG/SPS configurations. See Hassan, p. 64, 1. 1 - p. 65, 1. 27. The approach of Hassan, reactive per-packet switching among preconfigured resources, is fundamentally and structurally distinct from the claimed approach based on the terminal's reported statistical distribution range and an ideal arrival time.
Because Hassan fails to disclose the distribution parameter, the range of the delay jitter, and the CG resource determination based on the range and an ideal arrival time of a service frame, Hassan cannot anticipate claims 1, 6, 11, or 16, or claims 5, 10, 15, and 20 which depend therefrom. Accordingly, reconsideration and withdrawal of the rejection of claims 1, 5, 6, 10, 11, 15, 16, and 20 under 35 U.S.C. § 102(a)(1) based on Hassan is respectfully requested.
Examiner respectively disagrees. The ratio is used and T1 represents a first difference between the arrival (i.e. ideal arrival time) of a first data packet…and the subsequent timing occasion, and evolution (i.e. range).
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., s described in the specification, the range [Lrange, Rrange] combined with the ideal arrival time T yields a CG resource spanning [T+Lrange, T+Rrange]- which can be regarded as a time-domain resource window matched to the expected arrival interval of the service frame) 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).
Regarding new dependent claims 21-32 (page 10, Remarks), Examiner indicated claims 21-24 are objected to as allowable subject matter. Claims 25-30 are rejected as indicated in the Claim Rejections section below.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: APPARATUS AND METHODS FOR COMMUNICATING JITTER PARAMETER
The use of the term Wi-Fi, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized entirely wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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)(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.
Claim(s) 1, 5-6, 10-11, 15-16, 20, 25-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/064215 A1 to HASSAN et al. (“Hassan”) [provided by Applicant].
As to claims 1, 5-6, 10, see similar rejections to claims 11, 15-16, 20, respectively. The apparatus teaches the methods.
As to claim 11, Hassan discloses an apparatus (page 64, line 1 to page 65, line 27, computer/BS), comprising: one or more processors and one or more memories storing instructions, wherein the one or more processors are configured to execute the instructions causing the apparatus to (pages 9, lines 3-5, page 64, line 1 to page 65, line 27, computer/BS, computer program product runs on a computer, computer program product with program instructions, computer program …stored…; storage unit storing instructions which, when executed by a processor, cause the processor to perform a method as above or below): receive first indication information from a terminal, wherein the first indication information indicates a statistical parameter of a delay jitter of an arrival time of a service frame, wherein the statistical parameter of the delay jitter comprises a distribution parameter of the delay jitter (page 43, lines 5-25, jitter trend information may include information on the evolution of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…quantized), and the statistical parameter of the delay jitter is for determining a configured grant (CG) resource (see e.g. claim 86; figure 3; page 2, lines 5-12; page 6, lines 1-8; page 7, lines 7-9; page 8, lines 1-3, 13, 14, 21; page 12, lines 11-13; page 13, lines 8-12; page 41, lines 6-13, 24, 25; page 42, lines 1-3, 9-10, 26, 27; page 43, lines 5-24; page 44, lines 9-26; page 48, lines 8-1 0; page 49, lines 12-22; UE transmits to BS the delay and jitter information (i.e. first indication information) of a data packet (i.e. service frame) based on reception and transmission time of the packet, for adapting the CG/SPS, CGs being configured resources, SPS defined as configured resources, accordingly; jitter information includes jitter trend information in the form of ratios which are quantized (i.e. statistical parameter)); send second indication information to the terminal, wherein the second indication information indicates the CG resource, and the CG resource is determined based on the first indication information, wherein the CG resource is determined based on the range of the delay jitter and an ideal arrival time of a service frame (page 43, lines 5-25, jitter trend information may include information on the evolution (i.e. range) of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…where T1 is a first difference between the arrival (i.e. ideal arrival time) of a first data packet (i.e. service frame)…and the subsequent timing occasion…quantized), and wherein the CG resource is for a service frame communication with the terminal (see e.g. claim 86; fig. 2.6, figure 3; page 6, lines 21-25; page 7, lines 15-17; page 8, line 22-page 9, line 2; page 12, lines 17-22; page 42, lines 4-8; page 45, lines 9-10; page 49, lines 24-25; page 50, lines 18-22, BS sends to the UE an SPS/Configured-Grant update message (i.e. second indication information), to modify the transmission configuration and/or the scheduling including time period, UE transmits data packet (i.e. service frame communication) according to the reallocation).
As to claim 15, Hassan further discloses the apparatus according to claim 11, wherein the first indication information is comprised in user assistance information (UAI) (page 49, lines 10-20, UE…may send a feedback…to the BS…with some information…regarding the delay or jitter…for adapting the CG/SPS accordingly. This may be via…UE assisting information).
As to claim 16, Hassan discloses an apparatus (page 64, line 1 to page 65, line 27, computer/UE), comprising: one or more processors and one or more memories storing instructions, wherein the one or more processors are configured to execute the instructions causing the apparatus to (pages 9, lines 3-5, page 64, line 1 to page 65, line 27, computer/BS, computer program product runs on a computer, computer program product with program instructions, computer program …stored…; storage unit storing instructions which, when executed by a processor, cause the processor to perform a method as above or below): send first indication information to a network device, wherein the first indication information indicates a statistical parameter of a delay jitter of an arrival time of a service frame, wherein the statistical parameter of the delay jitter comprises a distribution parameter of the delay jitter (page 43, lines 5-25, jitter trend information may include information on the evolution of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…quantized), and the statistical parameter of the delay jitter is for determining a configured grant (CG) resource (see e.g. claim 86; figure 3; page 2, lines 5-12; page 6, lines 1-8; page 7, lines 7-9; page 8, lines 1-3, 13, 14, 21; page 12, lines 11-13; page 13, lines 8-12; page 41, lines 6-13, 24, 25; page 42, lines 1-3, 9-10, 26, 27; page 43, lines 5-24; page 44, lines 9-26; page 48, lines 8-1 0; page 49, lines 12-22; UE transmits to BS the delay and jitter information (i.e. first indication information) of a data packet (i.e. service frame) based on reception and transmission time of the packet, for adapting the CG/SPS, CGs being configured resources, SPS defined as configured resources, accordingly; jitter information includes jitter trend information in the form of ratios which are quantized (i.e. statistical parameter)); receive second indication information from the network device, wherein the second indication information indicates the CG resource, wherein the CG resource is determined based on the range of the delay jitter and an ideal arrival time of a service frame (page 43, lines 5-25, jitter trend information may include information on the evolution (i.e. range) of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…where T1 is a first difference between the arrival (i.e. ideal arrival time) of a first data packet (i.e. service frame)…and the subsequent timing occasion…quantized), and wherein the CG resource is for a service frame communication with the network device (see e.g. claim 86; fig. 2.6, figure 3; page 6, lines 21-25; page 7, lines 15-17; page 8, line 22-page 9, line 2; page 12, lines 17-22; page 42, lines 4-8; page 45, lines 9-10; page 49, lines 24-25; page 50, lines 18-22, BS sends to the UE an SPS/Configured-Grant update message (i.e. second indication information), to modify the transmission configuration and/or the scheduling including time period, UE transmits data packet (i.e. service frame communication) according to the reallocation).
As to claim 20, Hassan further discloses the apparatus according to claim 16, wherein the first indication information is comprised in user assistance information (UAI) (page 49, lines 10-20, UE…may send a feedback…to the BS…with some information…regarding the delay or jitter…for adapting the CG/SPS accordingly. This may be via…UE assisting information).
As to claim 25, Hassan further discloses the method according to claim 1, wherein the CG resource further includes a frequency domain resource (page 2, Configured grants (CG) as a configured resources configured in Time…and frequency), the first indication information further indicates a data amount of a service frame (see e.g. claim 86; figure 3; page 2, lines 5-12; page 6, lines 1-8; page 7, lines 7-9; page 8, lines 1-3, 13, 14, 21; page 12, lines 11-13; page 13, lines 8-12; page 41, lines 6-13, 24, 25; page 42, lines 1-3, 9-10, 26, 27; page 43, lines 5-24; page 44, lines 9-26; page 48, lines 8-1 0; page 49, lines 12-22; UE transmits to BS the delay and jitter information (i.e. first indication information, data amount) of a data packet (i.e. service frame)), and a quantity of the frequency domain resource is determined based on a quantity of a time domain resource of the CG resource and the data amount of the service frame (Fig. 2.3.2b, CG1, T and F axis co-exist and depend on another; are part of packet on T axis).=
As to claim 26, Hassan further discloses the method according to claim 6, wherein the CG resource further includes a frequency domain resource (page 2, Configured grants (CG) as a configured resources configured in Time…and frequency), and the first indication information further indicates a data amount of a service frame (see e.g. claim 86; figure 3; page 2, lines 5-12; page 6, lines 1-8; page 7, lines 7-9; page 8, lines 1-3, 13, 14, 21; page 12, lines 11-13; page 13, lines 8-12; page 41, lines 6-13, 24, 25; page 42, lines 1-3, 9-10, 26, 27; page 43, lines 5-24; page 44, lines 9-26; page 48, lines 8-1 0; page 49, lines 12-22; UE transmits to BS the delay and jitter information (i.e. first indication information, data amount) of a data packet (i.e. service frame)).
As to claim 27, Hassan further discloses the apparatus according to claim 11, wherein the CG resource further includes a frequency domain resource (page 2, Configured grants (CG) as a configured resources configured in Time…and frequency), the first indication information further indicates a data amount of a service frame (see e.g. claim 86; figure 3; page 2, lines 5-12; page 6, lines 1-8; page 7, lines 7-9; page 8, lines 1-3, 13, 14, 21; page 12, lines 11-13; page 13, lines 8-12; page 41, lines 6-13, 24, 25; page 42, lines 1-3, 9-10, 26, 27; page 43, lines 5-24; page 44, lines 9-26; page 48, lines 8-1 0; page 49, lines 12-22; UE transmits to BS the delay and jitter information (i.e. first indication information, data amount) of a data packet (i.e. service frame)), and a quantity of the frequency domain resource is determined based on a quantity of a time domain resource of the CG resource and the data amount of the service frame (Fig. 2.3.2b, CG1, T and F axis co-exist and depend on another; are part of packet on T axis).
As to claim 28, Hassan further discloses the apparatus according to claim 16, wherein the CG resource further includes a frequency domain resource (page 2, Configured grants (CG) as a configured resources configured in Time…and frequency), the first indication information further indicates a data amount of a service frame (see e.g. claim 86; figure 3; page 2, lines 5-12; page 6, lines 1-8; page 7, lines 7-9; page 8, lines 1-3, 13, 14, 21; page 12, lines 11-13; page 13, lines 8-12; page 41, lines 6-13, 24, 25; page 42, lines 1-3, 9-10, 26, 27; page 43, lines 5-24; page 44, lines 9-26; page 48, lines 8-1 0; page 49, lines 12-22; UE transmits to BS the delay and jitter information (i.e. first indication information, data amount) of a data packet (i.e. service frame)), and a quantity of the frequency domain resource is determined based on a quantity of a time domain resource of the CG resource and the data amount of the service frame (Fig. 2.3.2b, CG1, T and F axis co-exist and depend on another; are part of packet on T axis).
As to claim 29, Hassan further discloses the method according to claim 1, wherein the distribution parameter is determined based on delay jitter information within a historical time period (page 43, lines 5-25, jitter trend information may include information on the evolution (i.e. range) of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…where T1 is a first difference between the arrival (i.e. ideal arrival time) of a first data packet (i.e. service frame)…and the subsequent timing occasion…quantized; Examiner notes: “subsequent scheduling periods” are a historical time period as they are subsequent with respect to T1, but are historical in the sense that they are determined and then used to calculate Ratio_1).
As to claim 30, Hassan further discloses the method according to claim 6, wherein the distribution parameter is determined based on delay jitter information within a historical time period (page 43, lines 5-25, jitter trend information may include information on the evolution (i.e. range) of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…where T1 is a first difference between the arrival (i.e. ideal arrival time) of a first data packet (i.e. service frame)…and the subsequent timing occasion…quantized; Examiner notes: “subsequent scheduling periods” are a historical time period as they are subsequent with respect to T1, but are historical in the sense that they are determined and then used to calculate Ratio_1).
As to claim 31, Hassan further discloses the apparatus according to claim 11, wherein the distribution parameter is determined based on delay jitter information within a historical time period (page 43, lines 5-25, jitter trend information may include information on the evolution (i.e. range) of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…where T1 is a first difference between the arrival (i.e. ideal arrival time) of a first data packet (i.e. service frame)…and the subsequent timing occasion…quantized; Examiner notes: “subsequent scheduling periods” are a historical time period as they are subsequent with respect to T1, but are historical in the sense that they are determined and then used to calculate Ratio_1).
As to claim 32, Hassan further discloses the apparatus according to claim 16, wherein the distribution parameter is determined based on delay jitter information within a historical time period (page 43, lines 5-25, jitter trend information may include information on the evolution (i.e. range) of the jitter during subsequent scheduling periods (i.e. distribution parameter); ratio…where T1 is a first difference between the arrival (i.e. ideal arrival time) of a first data packet (i.e. service frame)…and the subsequent timing occasion…quantized; Examiner notes: “subsequent scheduling periods” are a historical time period as they are subsequent with respect to T1, but are historical in the sense that they are determined and then used to calculate Ratio_1).
Allowable Subject Matter
Claims 21-24 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. As previously discussed in a prior Office action:
US 20210029674 A1 discloses at para. 0173: For example, FIG. 13 is an explanatory diagram for explaining the overview of the features of the packets expected in the NR V2X communication. In FIG. 13, the difference in the traffic in the NR V2X communication and the conventional sidelink communication is schematically illustrated. In the upper diagram in FIG. 13, the traffic expected in the conventional sidelink communication is illustrated. That is, in the conventional sidelink communication, a packet arrival interval T of the packets from the upper layer to the physical layer and the packet size P of those packets are assumed to be always constant. In contrast, in the lower diagram in FIG. 13, an example of the traffic expected in the NR V2X communication is illustrated. That is, in the NR V2X communication, a jitter component α of the packet arrival interval T of the packets from the upper layer to the physical layer and a variation component β of the packet size P need to be taken into account. With such a background, in the NR V2X communication, even in a situation in which the effects of the jitter component α of the packet arrival interval T and the variation component β of the packet size P are conspicuous, it is required to perform resource management in such a way that sidelink communication becomes possible in a more suitable manner.
US 20230007673 A1 discloses at para. 0124: In some embodiments, the operations to determine the occurrence of the DL SPS or the UL CG can further include receiving a jitter window parameter defining a jitter window around a nominal traffic arrival time. A reception occasion can occur within the jitter window. The nominal traffic time can be determined based on a running index and the first and second positive integers.
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 OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ASAD NAWAZ can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR J GHOWRWAL/ Primary Examiner, Art Unit 2463
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