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 .
DETAILED ACTION
This Office Action is in response to the Applicant's communication filed on 08/07/2024. In virtue of this communication, claims 1 - 17 are currently pending in the instant application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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3. Claims 1, 12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,089,084 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because omission of element and its function (i.e., receiving, by the terminal from a base station, a first signaling radio bearer-to-add-modify (SRB-ToAddMod) information element (IE); establishing, by the terminal, a signaling radio bearer 1 (SRB1) based on the first SRB-ToAddMod IE; receiving, by the terminal, a second SRB-ToAddMod IE; establishing, by the terminal, a signaling radio bearer 4 (SRB4) based on the second SRB-ToAddMod IE, wherein the first SRB-ToAddMod IE and the second SRB-ToAddMod IE are included in different radio resource control (RRC) messages, as recited in claim 1 of the Patent No. 12,089,084) in combination is obvious expedient if remaining elements perform same functions as before.
Claim 2 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,089,084 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because omission of element and its function (i.e., the first SRB-ToAddMod IE and the second SRB-ToAddMod IE are included in different radio resource control (RRC) messages, as recited in claim 2 of the Patent No. 12,089,084) in combination is obvious expedient if remaining elements perform same functions as before.
Claim 3 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 2 of the U.S. Patent No. 12,089,084 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because all limitations in claim 3 of the instant application are obviously found in claim 2 of the U.S. Patent No. 12,089,084 B2, and notes that claim 1 (which claim 3 depends from) was written in alternative form.
Claim 16 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,089,084 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because omission of element and its function (i.e., receiving, by the terminal from a base station, a first signaling radio bearer-to-add-modify (SRB-ToAddMod) information element (IE); establishing, by the terminal, a signaling radio bearer 1 (SRB1) based on the first SRB-ToAddMod IE; receiving, by the terminal, a second SRB-ToAddMod IE; establishing, by the terminal, a signaling radio bearer 4 (SRB4) based on the second SRB-ToAddMod IE, wherein the first SRB-ToAddMod IE and the second SRB-ToAddMod IE are included in different radio resource control (RRC) messages, as recited in claim 4 of the Patent No. 12,089,084) in combination is obvious expedient if remaining elements perform same functions as before.
Claim 17 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,089,084 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because omission of element and its function (i.e., transmitting, by the base station to a terminal, a first signaling radio bearer-to-add-modify (SRB-ToAddMod) information element (IE) for a signaling radio bearer 1 (SRB1) and a second SRB-To-AddMod IE for a signaling radio bearer 4 (SRB4), wherein the first SRB-ToAddMod IE and the second SRB-ToAddMod IE are included in different radio resource control (RRC) messages, as recited in claim 5 of the Patent No. 12,089,084) in combination is obvious expedient if remaining elements perform same functions as before.
Claim Rejections - 35 USC § 103
4. 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 of this title, 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.
5. Claims 1 – 3, 6 – 12, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Eklof et al. (hereinafter “Eklof”) (Pub # US 2023/0284058 A1) in view of Choi et al. (hereinafter “Choi”) (WO 2023/047332 A1).
Regarding claims 1 and 16, Eklof discloses a method performed by a terminal (i.e., a UE) in a wireless communication system (i.e., LTE, 5G network), the method comprising:
receiving, by the terminal from a base station (see Fig. 16A, 16B for a UTRAN/eNB/gNB/ng-eNB/master node MN, MeNB), a first RRC message, wherein the first RRC message is either a RRCReconfiguration message or an UECapabilityEnquiry message (see [0051], Fig. 18A for RRCConnectionReconfiguration, which including a QoE measurement configuration one or more services provided by an application layer of the UE or see [0105], [0174], [0245] for communication between MN and the UE for the UE Capability Enquiry message);
generating, by the terminal, a second RRC message based on the first RRC message, wherein the second RRC message is either a MeasurementReportAppLayer message or an UECapabilityInformation message (see [0179], [0194] – [0201], [0218], [0226], FIG. 18A, 18C for the UE performs the configured QoE measurements in accordance with the QoE measurement configuration and sends a MeasReportAppLayer RRC message to the eNB).
Eklof does not disclose generating, by the terminal, at least one ULDedicatedMessageSegment, by segmenting the second RRC message, in case that: the second RRC message is larger than a specific size; and the first RRC message comprises an indication that RRC segmentation is enabled; and transmitting, by the terminal, the at least one ULDedicatedMessageSegment, wherein the at least one ULDedicatedMessageSegment is transmitted: via a first signaling radio bearer (SRB) in case that the second RRC message is the UECapabilityInformation message; and via a second SRB in case that the second RRC message is the MeasurementReportAppLayer message.
In an analogous art, Choi discloses generating, by the terminal, at least one ULDedicatedMessageSegment, by segmenting the second RRC message, in case that: the second RRC message is larger than a specific size (see Choi, Fig. 8, [0141], [0159] for the UE determines the resulting size of the MeasurementReportAppLayer, if the size of the MeasurementReportAppLayer is larger than the maximum size of an RRC message of 9000 bytes, then the UE performs RRC message segmentation to ensure that the size of each segment is less than or equal to the RRC message size limit); and the first RRC message comprises an indication that RRC segmentation is enabled (see Choi, [0061] for QoE measurement configuration indicates a service type and a reporting interval, see [0130] – [0136] for configuration parameter indication can be sent by the network on existing RRC message such as RRCReconfiguration to indicate the list of configured QoE measurements for which QoE reporting, and see [0222] for the first message includes a request to transfer the size of the stored QoE measurement reports for a list of configured QoE measurements, thus indicate or enable a segment), and transmitting, by the terminal, the at least one ULDedicatedMessageSegment (see Choi, Fig. 10, [0111], [0112], [0115], [0141], [0158] – [0159], [0179] for the UE sends the QoE reports (i.e., #6, #4 and #3) in response to the QoE measurement configuration (which is included in the container “measConfigAppLayerContainer-rl5” in the DL RRCConnectionReconfiguration message) as segments in the ULDedicatedMessageSegment message to the network node); wherein the at least one ULDedicatedMessageSegment is transmitted: via a first signaling radio bearer (SRB) in case that the second RRC message is the UECapabilityInformation message; and via a second SRB in case that the second RRC message is the MeasurementReportAppLayer message (see Choi, FIG. 10, [0112] for transferring the QoE measurement report, the UE uses SRB4 and the UL RRC MeasurementReportAppLayer message) (notes that the claim is in an alternative language).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date the invention was made, to modify the invention of Eklof, and generating, by the terminal, at least one ULDedicatedMessageSegment, by segmenting the second RRC message, in case that: the second RRC message is larger than a specific size; and the first RRC message comprises an indication that RRC segmentation is enabled; and transmitting, by the terminal, the at least one ULDedicatedMessageSegment, wherein the at least one ULDedicatedMessageSegment is transmitted via a second SRB in case that the second RRC message is the MeasurementReportAppLayer message, as taught by Choi (see Choi, [0112]). The motivation would provide efficient control of QoE measurement reporting in an NR radio access network, as suggested by Choi (see Choi, [0003]).
Regarding claim 2, Eklof in view of Choi disclose receiving, by the terminal from the base station, a first signaling radio bearer-to-add-modify (SRB-ToAddMod) information element (IE); establishing, by the terminal, the first SRB based on the first SRB-ToAddMod IE; receiving, by the terminal from the base station, a second SRB-ToAddMod IE; and establishing, by the terminal, the second SRB based on the second SRB-ToAddMod IE (see Eklof, FIG. 20A, [0105], [0174], [0180] – [0183], [0194] – [0201], [0251] – [0254]).
Regarding claim 3, Eklof in view of Choi disclose wherein the first SRB-ToAddMod IE and the second SRB-ToAddMod IE are comprised in different radio resource control (RRC) messages (see Eklof, FIG. 20A, [0105], [0174], [0180] – [0183], [0194] – [0201], [0254]).
Regarding claims 6, 7, and 10, Eklof in view of Choi disclose wherein the RRCReconfiguration message comprises a set of parameters related to application measurement configuration; wherein the set of parameters related to application measurement configuration comprises: a list of configuration parameter sets; a list of configuration parameter identifiers; and the indication that RRC segmentation is enabled; wherein the list of configuration parameter identifiers comprises one or more configuration parameter identifiers (see Eklof, FIG. 18A, 18B, [0179] – [0193], and see Choi, [0061] for QoE measurement configuration indicates a service type and a reporting interval, see [0130] – [0136] for configuration parameter indication can be sent by the network on existing RRC message such as RRCReconfiguration to indicate the list of configured QoE measurements for which QoE reporting, and see [0222] for the first message includes a request to transfer the size of the stored QoE measurement reports for a list of configured QoE measurements). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date the invention was made, to modify the invention of Eklof in order to provide efficient control of QoE measurement reporting in an NR radio access network, as suggested by Choi (see Choi, [0003]).
Regarding claims 8 and 9, Eklof in view of Choi disclose the list of configuration parameter sets comprises one or more configuration parameter sets; and each of the one or more configuration parameter sets comprises: a configuration parameter identifier; a container for application measurement configuration parameters (see Eklof, Table 12 in [0227]: Container for application M Octet string Indicates application layer measurement (1 . . . 1000) layer measurement configuration); and a parameter related to service type (i.e., streaming, MTSI), wherein the container for application measurement configuration parameters is forwarded to a specific layer that is determined based on the parameter related to service type (see Eklof, FIG. 18B, 18C, [0179] – [0180], [0204] – [0217]).
Regarding claim 11, Eklof in view of Choi disclose wherein an application measurement configuration associated with a configuration parameter identifier is released in case that the configuration parameter identifier is indicated in the list of configuration parameter identifiers (see Eklof, FIG. 18B, FIG. 20A [0180], [0189], [0190]).
Regarding claim 12, Eklof in view of Choi disclose wherein the first RRC message is received via the first SRB (see Eklof, Fig. 18A, [0245], [0254] for RRCReconfiguration received via the SRB1).
Regarding claim 17, Eklof discloses a method performed by a base station (see Fig. 16A, 16B for a UTRAN/eNB/gNB/ng-eNB/master node MN, MeNB) in a wireless communication system (i.e., LTE, 5G network), the method comprising:
transmitting, by the base station to a terminal (i.e., a UE), a first RRC message, wherein the first RRC message is either a RRCReconfiguration message or an UECapabilityEnquiry message (see [0051], Fig. 18A for RRCConnectionReconfiguration, which including a QoE measurement configuration one or more services provided by an application layer of the UE or see [0105], [0174], [0245] for communication between MN and the UE for the UE Capability Enquiry message).
Eklof teaches that a second RRC message is generated based on the first RRC message (see [0179], [0194] – [0201], [0218], [0226], FIG. 18A, 18C for the UE performs the configured QoE measurements in accordance with the QoE measurement configuration and sends a MeasReportAppLayer RRC message to the eNB).
Eklof does not disclose receiving, by the base station from the terminal, at least one ULDedicatedMessageSegment, wherein: each of the at least one ULDedicatedMessageSegment comprises part of a second RRC message; wherein the second message is segmented into the at least one ULDedicatedMessageSegment in case that: the second RRC message is larger than a specific size; and the first RRC message comprises an indication that RRC segmentation is enabled, wherein: the at least one ULDedicatedMessageSegment is received via a first signaling radio bearer (SRB) in case that the second RRC message is UECapabilityInformation message; and the at least one ULDedicatedMessageSegment is received via a second SRB in case that the second RRC message is MeasurementReportAppLayer message.
In an analogous art, Choi discloses
receiving, by the base station from the terminal, at least one ULDedicatedMessageSegment (see Choi, Fig. 10, [0111], [0112], [0115], [0141], [0158] – [0159], [0179] for the UE sends the QoE reports (i.e., #6, #4 and #3) in response to the QoE measurement configuration (which is included in the container “measConfigAppLayerContainer-rl5” in the DL RRCConnectionReconfiguration message) as segments in the ULDedicatedMessageSegment message to the network node), wherein:
each of the at least one ULDedicatedMessageSegment comprises part of a second RRC message; wherein the second message is segmented into the at least one ULDedicatedMessageSegment in case that: the second RRC message is larger than a specific size (see Choi, Fig. 8, [0141], [0159] for the UE determines the resulting size of the MeasurementReportAppLayer, if the size of the MeasurementReportAppLayer is larger than the maximum size of an RRC message of 9000 bytes, then the UE performs RRC message segmentation to ensure that the size of each segment is less than or equal to the RRC message size limit); and the first RRC message comprises an indication that RRC segmentation is enabled (see Choi, [0061] for QoE measurement configuration indicates a service type and a reporting interval, see [0130] – [0136] for configuration parameter indication can be sent by the network on existing RRC message such as RRCReconfiguration to indicate the list of configured QoE measurements for which QoE reporting, and see [0222] for the first message includes a request to transfer the size of the stored QoE measurement reports for a list of configured QoE measurements, thus indicate or enable a segment), wherein:
the at least one ULDedicatedMessageSegment is received via a first signaling radio bearer (SRB) in case that the second RRC message is UECapabilityInformation message; and the at least one ULDedicatedMessageSegment is received via a second SRB in case that the second RRC message is MeasurementReportAppLayer message (see Choi, FIG. 10, [0112] for transferring the QoE measurement report, the UE uses SRB4 and the UL RRC MeasurementReportAppLayer message) (notes that the claim is in an alternative language).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date the invention was made, to modify the invention of Eklof, and receiving, by the base station from the terminal, at least one ULDedicatedMessageSegment, wherein: each of the at least one ULDedicatedMessageSegment comprises part of a second RRC message; wherein the second message is segmented into the at least one ULDedicatedMessageSegment in case that: the second RRC message is larger than a specific size; and the first RRC message comprises an indication that RRC segmentation is enabled, wherein: the at least one ULDedicatedMessageSegment is received via a first signaling radio bearer (SRB) in case that the second RRC message is UECapabilityInformation message; and the at least one ULDedicatedMessageSegment is received via a second SRB in case that the second RRC message is MeasurementReportAppLayer message, as taught by Choi (see Choi, [0112]). The motivation would provide efficient control of QoE measurement reporting in an NR radio access network, as suggested by Choi (see Choi, [0003]).
Allowable Subject Matter
Claims 4, 5, and 13 – 15 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
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/MONG-THUY T TRAN/ Primary Examiner, Art Unit 2645
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