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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDSs), submitted on 10 July 2024 and 15 January 2025, were filed after the mailing date of the patent application on 10 July 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings, received on 10 July 2024, are acceptable for examination.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1-4, 6-9, 11-14, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20200068639 A1; hereinafter referred to as “Kim”).
Regarding Claim 1, Claim 1 is rejected on the same basis as Claim 11.
Regarding Claim 2, Claim 2 is rejected on the same basis as Claim 12.
Regarding Claim 3, Claim 3 is rejected on the same basis as Claim 13.
Regarding Claim 4, Claim 4 is rejected on the same basis as Claim 14.
Regarding Claim 6, Claim 6 is rejected on the same basis as Claim 16.
Regarding Claim 7, Claim 7 is rejected on the same basis as Claim 17.
Regarding Claim 8, Claim 8 is rejected on the same basis as Claim 18.
Regarding Claim 9, Claim 9 is rejected on the same basis as Claim 19.
Regarding Claim 11, Kim discloses a control plane (CP) of a base station in a wireless communication system, the CP of the base station comprising:
a transceiver (¶149-150 & Fig. 6, Kim discloses a base station comprising a radio interface 627); and
at least one processor coupled with the transceiver and configured (¶149-150 & Fig. 6, Kim discloses the BS further comprising processing circuitry 628, coupled to the radio interface 627, and configured to perform a method) to:
transmit, to a user plane (UP) of the base station, a first message (¶150 & Fig. 7 (S705), Kim discloses transmitting, to a user plane (UP) of a target base station (SgNB), a bearer context setup request message) comprising information on a packet data convergence protocol (PDCP) for each data radio bearer (DRB) (¶11 & Fig. 7 (S705), Kim discloses that the bearer context setup request message comprises information on a packet date convergence protocol (PDCP) version corresponding to information requesting that the SgNB allocate a resource for a bearer), and
as a response to the first message, receive, from the UP of the base station, a second message (¶150 & Fig. 7 (S705), Kim discloses receiving, from the SgNB, a bearer context setup response message as a response to the bearer context setup request message), wherein the information on the PDCP for each DRB comprises at least one PDCP version information (¶11, Kim discloses that the bearer context setup response message comprises information on a packet date convergence protocol (PDCP) version).
Regarding Claim 12, Kim discloses the CP of the base station of claim 11.
Kim further discloses wherein the first message is a bearer context setup request message or a bearer context modification request message (¶11, Kim discloses the bearer context setup request message), and wherein the second message is a bearer context setup response message or a bearer context modification response message (¶11, Kim discloses the bearer context setup response message).
Regarding Claim 13, Kim discloses the CP of the base station of claim 11.
Kim further discloses wherein the information on the PDCP for each DRB is associated with a PDCP version for a PDCP configuration (¶282, Kim discloses that the indication information is associated with a PDCP version where the PDCP version corresponds to a PDCP configuration for E-UTRA or a PDCP configuration for NR).
Regarding Claim 14, Kim discloses the CP of the base station of claim 11.
Kim further discloses wherein the at least one PDCP version information comprises at least one of an evolved universal terrestrial radio access (E-UTRA) PDCP, or a new radio (NR) PDCP (¶282, Kim discloses that the indication information is associated with a PDCP version for a bearer and that the information on the bearer comprises a new radio (NR) bearer).
Regarding Claim 16, Kim discloses a user plane (UP) of a base station in a wireless communication system, the UP of the base station comprising:
a transceiver (¶149-151 & Fig. 6, Kim discloses a user equipment (UE) comprising a radio interface 637); and
at least one processor coupled with the transceiver and configured (¶149-151 & Fig. 6, Kim discloses the UE further comprising processing circuitry 638, coupled to the radio interface 637, and configured to perform a method) to:
receive, from a control plane (CP) of the base station, a first message (¶150 & Fig. 7 (S705), Kim discloses receiving, from a target base station (SgNB), a bearer context setup request message) comprising information on a packet data convergence protocol (PDCP) for each data radio bearer (DRB) (¶11 & Fig. 7 (S705), Kim discloses that the bearer context setup request message comprises information on a packet date convergence protocol (PDCP) version corresponding to information requesting that the SgNB allocate a resource for a bearer), and
as a response to the first message, transmit, to the CP of the base station, a second message (¶150 & Fig. 7 (S705), Kim discloses transmitting, to the SgNB, a bearer context setup response message as a response to the bearer context setup request message), wherein the information on the PDCP for each DRB comprises at least one PDCP version information (¶11, Kim discloses that the bearer context setup response message comprises information on a packet date convergence protocol (PDCP) version).
Regarding Claim 17, Kim discloses the UP of the base station of claim 16.
Kim further discloses wherein the first message is a bearer context setup request message or a bearer context modification request message (¶11, Kim discloses the bearer context setup request message), and wherein the second message is a bearer context setup response message or a bearer context modification response message (¶11, Kim discloses the bearer context setup response message).
Regarding Claim 18, Kim discloses the UP of the base station of claim 16.
Kim further discloses wherein the information on the PDCP for each DRB is associated with a PDCP version for a PDCP configuration (¶282, Kim discloses that the indication information is associated with a PDCP version where the PDCP version corresponds to a PDCP configuration for E-UTRA or a PDCP configuration for NR).
Regarding Claim 19, Kim discloses the UP of the base station of claim 16.
Kim further discloses wherein the at least one PDCP version information comprises at least one of an evolved universal terrestrial radio access (E-UTRA) PDCP, or a new radio (NR) PDCP (¶282, Kim discloses that the indication information is associated with a PDCP version for a bearer and that the information on the bearer comprises a new radio (NR) bearer).
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.
Claims 5, 10, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Palat et al. (US 20200305230 A1; hereinafter referred to as “Palat”).
Regarding Claim 5, Claim 5 is rejected on the same basis as Claim 15.
Regarding Claim 10, Claim 10 is rejected on the same basis as Claim 20.
Regarding Claim 15, Kim discloses the CP of the base station of claim 11.
However, Kim does not disclose wherein the at least one processor is further configured to: receive, from the UP of the base station, a third message comprising information on the PDCP supported by the UP of the base station.
Palat, a prior art reference in the same field of endeavor, teaches wherein the at least one processor is further configured to:
receive, from the UP of the base station, a third message (¶124-125 & Fig. 8, Palat discloses receiving, by a user equipment (UE) from a base station (BS), a Radio Resource Control (RRC) Connection Setup message) comprising information on the PDCP supported by the UP of the base station (¶124-125 & Fig. 8, Palat discloses that the RRC Connection Setup message comprises information on the PDCP version supported by the eNB).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kim by receiv[ing], from the UP of the base station, a third message comprising information on the PDCP supported by the UP of the base station as taught by Palat because the establishment of packet date convergence protocol (PDCP) connections are improved by enabling a user equipment (UE) to inform the base station that the UE supports 5GC operation (Palat, Abstract).
Regarding Claim 20, Kim discloses the UP of the base station of claim 16.
However, Kim does not disclose wherein the at least one processor is further configured to: transmit, to the CP of the base station, a third message comprising information on the PDCP supported by the UP of the base station.
Palat, a prior art reference in the same field of endeavor, teaches wherein the at least one processor is further configured to:
transmit, to the CP of the base station, a third message (¶124-125 & Fig. 8, Palat discloses transmitting, to a base station (BS), a Radio Resource Control (RRC) Connection Setup message) comprising information on the PDCP supported by the UP of the base station (¶124-125 & Fig. 8, Palat discloses that the RRC Connection Setup message comprises information on the PDCP version supported by the eNB).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Kim by transmit[ting], to the CP of the base station, a third message comprising information on the PDCP supported by the UP of the base station as taught by Palat because the establishment of packet date convergence protocol (PDCP) connections are improved by enabling a user equipment (UE) to inform the base station that the UE supports 5GC operation (Palat, Abstract).
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC NOWLIN whose telephone number is (313)446-6544. The examiner can normally be reached M-F 12:00PM-10:00PM.
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, Michael Thier can be reached at (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC NOWLIN/Examiner, Art Unit 2474
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