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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, 9-15 and 17-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Chun et al. US 20230247476 A1.
Claims 1, 9, 17 and 18:
Chun discloses a wireless transmit and receive unit (WTRU) comprising: a processor (See fig. 13B processor) configured to: receive configuration information indicating a plurality of quality of service (QoS) classes, wherein each QoS class in the plurality of QoS classes is associated with a set of transmission parameters (Fig. 33; paragraphs 385, 386; for the configuration information indicating a plurality of QoS classes, see the different configurations, such as first QoS configuration and second QoS configuration; Also, see Fig. 39; paragraphs 385,401,403); receive, from higher layers, a data flow comprising a plurality of data units associated with one or more characteristics (for the data units, see e.g. the packets; paragraphs 389,390; OR, alternatively, see paragraph 402); determine a first QoS class in the plurality of QoS classes is associated with the data flow; determine a first characteristic from the one or more characteristics is associated with a first data unit from the plurality of data units (for the characteristics, see e.g. the information in the fields of the packet(s); paragraph 389; Also see paragraphs 407), the first characteristic comprising one or more of a priority, an importance, a delay budget, or dependency on dates or events (See para 134, “The 5QI may comprise/indicate one or more of a resource type, a default priority level, a packet delay budget (PDB), a packet error rate (PER), a maximum data burst volume, and/or an averaging window. The resource type may indicate a non-GBR QoS flow, a GBR QoS flow, and/or a delay-critical GBR QoS flow. The averaging window may represent a duration over which the GFBR and/or MFBR may be calculated/determined. The ARP may be a priority level comprising pre-emption capability and a pre-emption vulnerability. The AN 802 may apply admission control for the QoS flows (e.g., if resource limitations are determined), for example, based on the ARP”); determine a second characteristic from the one or more characteristics is associated with a second data unit from the plurality of data units (for the characteristics, see e.g. the information in the fields of the packet(s); paragraph 389; Also see paragraphs 407); the second characteristic comprising one or more of a priority, an importance, a delay budget, or dependency on data or events (See para 134, “The 5QI may comprise/indicate one or more of a resource type, a default priority level, a packet delay budget (PDB), a packet error rate (PER), a maximum data burst volume, and/or an averaging window. The resource type may indicate a non-GBR QoS flow, a GBR QoS flow, and/or a delay-critical GBR QoS flow. The averaging window may represent a duration over which the GFBR and/or MFBR may be calculated/determined. The ARP may be a priority level comprising pre-emption capability and a pre-emption vulnerability. The AN 802 may apply admission control for the QoS flows (e.g., if resource limitations are determined), for example, based on the ARP”).determine, based on the first characteristic, the first QoS class is associated with the first data unit (paragraphs 387, 389, 391, 393; see associating the first packet with a particular packet type, and mapping it to the particular first QoS configuration, which represents a particular QoS class; this is done based on the information in the fields of the packet(s), i.e. the characteristics; OR, alternatively, see paragraphs 408, 409,410); determine, based on the second characteristic, a second QoS class is associated with the second data unit (paragraphs 388, 389,392,394; see associating the first packet with a particular packet type, and mapping it to the particular first QoS configuration, which represents a particular QoS class; this is done based on the information in the fields of the packet(s), i.e. the characteristics; OR, alternatively, see paragraphs 408, 409,410); determine, based the first QoS class, a first set of transmission parameters is associated with the first data unit (paragraphs 386, 393; for set of transmission parameters see e.g. the packet error rate, the packet delay budget, the information the data rate, etc.; OR, alternatively, see paragraphs 403, 411); determine, based on the second QoS class, a second set of transmission parameters is associated with the second data unit (paragraphs 386, 394; for set of transmission parameters see e.g. the packet error rate, the packet delay budget, the information the data rate, etc.; OR, alternatively, see paragraphs 403, 411) and transmit the first and second data units of the data flow, wherein the first data unit is transmitted using the first set of transmission parameters and the second data unit is transmitted using the second set of transmission parameters (See fig. 33, step 3350, sending packet based on the QoS).
Claims 2, 10 and 19:
Chun discloses that the first set of transmission parameters comprise one or more of a priority index, an importance level, a delay bound, a reliability level, a bit rate, or a packet loss rate (See para 134, “The QoS profile… The 5QI may comprise/indicate one or more of a resource type, a default priority level, a packet delay budget (PDB), a packet error rate (PER), a maximum data burst volume, and/or an averaging window. The resource type may indicate a non-GBR QoS flow, a GBR QoS flow, and/or a delay-critical GBR QoS flow”); and the second set of transmission parameters comprise one or more of a priority index, an importance level, a delay bound, a reliability level, a bit rate, or a packet loss rate (See para 134, “The QoS profile… The 5QI may comprise/indicate one or more of a resource type, a default priority level, a packet delay budget (PDB), a packet error rate (PER), a maximum data burst volume, and/or an averaging window. The resource type may indicate a non-GBR QoS flow, a GBR QoS flow, and/or a delay-critical GBR QoS flow”).
Claims 3 and 11:
Chun discloses that the first QoS class is associated with a first treatment profile, the first treatment profile comprising the first set of transmission parameters (See para 134, “The QoS profile… The 5QI may comprise/indicate one or more of a resource type, a default priority level, a packet delay budget (PDB), a packet error rate (PER), a maximum data burst volume, and/or an averaging window. The resource type may indicate a non-GBR QoS flow, a GBR QoS flow, and/or a delay-critical GBR QoS flow”); and the second QoS class is associated with a second treatment profile, the second treatment profile comprising the second set of transmission parameters (See para 134, “The QoS profile… The 5QI may comprise/indicate one or more of a resource type, a default priority level, a packet delay budget (PDB), a packet error rate (PER), a maximum data burst volume, and/or an averaging window. The resource type may indicate a non-GBR QoS flow, a GBR QoS flow, and/or a delay-critical GBR QoS flow”).
Claims 4 and 12:
Chun discloses that the first QoS class is a default QoS class (See para 134, a default priority level).
Claims 5 and 13:
Chun discloses that the second QoS class is a non-default QoS class (See para 134, ARP priority level).
Claims 7 and 15:
Chun discloses that each of the plurality of data units comprises one of: a bit; a group of bits; a byte; a group of bytes; a PDU segment; a PDU; a group of PDUs; a data burst; or a group of data bursts (See para 434, bits. See fig. 33, data flow. See para 124, PDU).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chun et al. US 20230247476 A1 in view of Schimmelpfeng US 2006/0245369 A1.
Claims 8 and 16:
Chun doesn’t disclose that the processor configured to determine the second QoS class is associated with the second data unit is further configured to determine the second QoS class is associated with the second data unit for a period of time.
Schimmelpfeng discloses that the processor configured to determine the second QoS class is associated with the second data unit is further configured to determine the second QoS class is associated with the second data unit for a period of time (See para 71, “such configuration changes … the currently valid QoS definition (for example, a service-level agreement may define stricter availability requirements during normal working hours than during other time periods; correspondingly, the calculation graph will change at the beginning and the end of working hours)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chun with the teachings of Schimmelpfeng to improve the method disclosed by Chun by including the feature of. The motivation to combine would have been to allow flexibility around working and non-working hours.
Response to Arguments
Applicant's arguments filed 09/03/2026 have been fully considered but they are not persuasive.
With regards to Claims 1, 9, 17 and 18 on pages 2-3 of the applicant’s remarks, the applicant argues that the Chun doesn’t disclose that the first and second characteristics/5QI are associated with the first and second data units.
The examiner respectfully disagrees. Para 134 of Chun discloses “The AN 802 may separate packets into respective QoS flows 856A-856C based on QoS profiles 828. The QoS profiles 828 may be received from an SMF. A QoS profile (e.g., each QoS profile) may correspond to a QFI (e.g., the QFI marked on the uplink packets 812A-812E). A QoS profile (e.g., each QoS profile) may comprise QoS parameters. The QoS parameters may comprise/indicate one or both of 5G QoS identifier (5QI)”. In other words, these 5Qis are associated with different packets belonging to different QoS flows.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASHIM S BHATTI whose telephone number is (571)270-7748. The examiner can normally be reached Mon-Fri 9:00am-5:30pm.
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, Khaled Kassim can be reached at 571-270-3770. 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.
HASHIM S. BHATTI
Primary Examiner
Art Unit 2472
/HASHIM S BHATTI/Primary Examiner, Art Unit 2475
Prosecution Insights