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 .
This application has been examined.
Claims 1-20 are pending.
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) 1-5, 8-12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US Patent Application Publication 2024/0334529; hereinafter Lee).
Regarding claim 1 Lee discloses an apparatus for wireless communication at a user equipment (UE) (fig. 11), comprising:
one or more memories (storage 11-30); and
one or more processors (controller/multi-connection processor 11-40/11-42), coupled to the one or more memories (coupled as seen in the figure), individually or collectively configured to cause the UE to:
receive an indication that one or more of a first link or a second link of dual connectivity links are congested (paragraphs 0072, 0078-0087; gNB may transmit a network congestion indicator 4-07 to the UE 4-01. The network congestion indicator may be defined as an indicator indicating a network congestion situation to the UE, in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG); and
perform a protocol data unit (PDU) set-based discard mechanism selected in accordance with the indication and one or more conditions (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; the UE performs discarding operation in accordance to configuration and congestion indication).
Regarding claim 2 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link is congested, wherein the one or more conditions include the second link not being congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and wherein the PDU set-based discard mechanism includes routing PDUs that meet discard criteria on the second link and allowing PDUs that are not discarded on the first link or the second link (paragraphs 0100-0102, 0105-0107, 0113-0128, 0134-0141, 0145-0165; packets can be discarded per DRB, per timer, and/or per importance in accordance with configurations).
Regarding claim 3 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link is congested, wherein the one or more conditions include the second link not being congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and wherein the PDU set-based discard mechanism does not use a PDU set importance (PSI) and allows PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
Regarding claim 4 Lee discloses the apparatus of claim 1, wherein the indication indicates that either the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a throughput on a non-congested link being above a current incoming data rate (paragraphs 0168-0175; an upper bound for a rate of non-congestion related PDU Set losses between RAN and the UE), and wherein the PDU set-based discard mechanism does not use a PDU set importance (PSI) and allows PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
Regarding claim 5 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link is congested, the second link is congested, or both the first link and the second link are congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a throughput across the first link and the second link being above a current incoming data rate (paragraphs 0168-0175; an upper bound for a rate of non-congestion related PDU Set losses between RAN and the UE), and wherein the PDU set-based discard mechanism does not use a PDU set importance (PSI) and allows PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
Regarding claim 8 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link and the second link are congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include there being PDUs of low priority (paragraphs 0076, 0078, 0092-0095, 0104; low importance packets), and wherein the PDU set-based discard mechanism includes a PDU set importance (PSI)-based discard mechanism (paragraphs 0076, 0078, 0092-0095, 0104; PSI based discarding).
Regarding claim 9 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a congested link being a master carrier group (paragraphs 0080-0086, 0122-0128, 0134-0140, 0155-0161; MCG bearers), and wherein the PDU set-based discard mechanism includes a PDU set importance (PSI)-based discard mechanism (paragraphs 0076, 0078, 0092-0095, 0104; PSI based discarding).
Regarding claim 10 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a congested link being a secondary carrier group (paragraphs 0080-0086, 0122-0128, 0134-0140, 0155-0161; SCG bearers), and wherein the PDU set-based discard mechanism includes a PDU set importance (PSI)-based discard mechanism (paragraphs 0076, 0078, 0092-0095, 0104; PSI based discarding).
Regarding claim 11 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a congested link being a terrestrial network link (see in figure 1, the embodiments are applied to terrestrial network), and wherein the PDU set-based discard mechanism includes a PDU set importance (PSI)-based discard mechanism (paragraphs 0076, 0078, 0092-0095, 0104; PSI based discarding).
Regarding claim 12 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a congested link being a non-terrestrial network link (paragraph 0005; may relate to a non-terrestrial network (NTN)), and wherein the PDU set-based discard mechanism includes a PDU set importance (PSI)-based discard mechanism (paragraphs 0076, 0078, 0092-0095, 0104; PSI based discarding).
Regarding claim 14 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a congested link being satellite constellation based (paragraphs 0005, 0008; AI-based communication technology for implementing system optimization by utilizing satellites), and wherein the PDU set-based discard mechanism includes a PDU set importance (PSI)-based discard mechanism (paragraphs 0076, 0078, 0092-0095, 0104; PSI based discarding).
Regarding claim 15 Lee discloses an apparatus for wireless communication at a network entity (fig. 12), comprising:
one or more memories (storage 12-40); and
one or more processors (controller/multi-connection processor 12-50/12-52), coupled to the one or more memories (coupled as seen in the figure), individually or collectively configured to cause the network entity to:
transmit an indication that one or more of a first link or a second link of dual connectivity links are congested (paragraphs 0072, 0078-0087; gNB may transmit a network congestion indicator 4-07 to the UE 4-01. The network congestion indicator may be defined as an indicator indicating a network congestion situation to the UE, in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG); and
receive protocol data units (PDUs) that are not discarded according to a PDU set-based discard mechanism selected in accordance with the indication and one or more conditions (figures 4-8, transmitting all non-discarded messages).
Regarding claim 16 Lee discloses the apparatus of claim 15, wherein the indication indicates that the first link is congested, wherein the one or more conditions include the second link not being congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and wherein the PDU set-based discard mechanism includes routing PDUs that meet discard criteria on the second link and allowing PDUs that are not discarded on the first link or the second link (paragraphs 0100-0102, 0105-0107, 0113-0128, 0134-0141, 0145-0165; packets can be discarded per DRB, per timer, and/or per importance in accordance with configurations).
Regarding claim 17 Lee discloses the apparatus of claim 15, wherein the indication indicates that the first link is congested, wherein the one or more conditions include the second link not being congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and wherein the PDU set-based discard mechanism does not use a PDU set importance (PSI) and allows PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
Regarding claim 18 Lee discloses the apparatus of claim 15, wherein the indication indicates that either the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), wherein the one or more conditions include a throughput on a non-congested link being above a current incoming date rate (paragraphs 0168-0175; an upper bound for a rate of non-congestion related PDU Set losses between RAN and the UE), and wherein the PDU set-based discard mechanism does not use a PDU set importance (PSI) and allows PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
Regarding claim 19 Lee discloses a method of wireless communication performed by a user equipment (UE), comprising:
receiving an indication that one or more of a first link or a second link of dual connectivity links are congested (paragraphs 0072, 0078-0087; gNB may transmit a network congestion indicator 4-07 to the UE 4-01. The network congestion indicator may be defined as an indicator indicating a network congestion situation to the UE, in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG); and
performing a protocol data unit (PDU) set-based discard mechanism selected in accordance with the indication and one or more conditions (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; the UE performs discarding operation in accordance to configuration and congestion indication).
Regarding claim 20 Lee discloses the method of claim 19, wherein the indication indicates that the first link is congested, wherein the one or more conditions include the second link not being congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and wherein the PDU set-based discard mechanism does not use a PDU set importance (PSI) and allows PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
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.
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) 6-7, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Rao et al. (US Patent Application Publication 2022/0053367; hereinafter Rao).
Regarding claim 6 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link is congested, wherein the one or more conditions include the second link not being congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and allowing PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
Lee does not explicitly disclose but Rao, in the same field of endeavor related to PDU discarding mechanisms, discloses and wherein the PDU set-based discard mechanism includes overwriting an uplink split threshold parameter (paragraphs 0198, 0224-0225). Therefore, 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 teachings of Lee with the teachings of Rao, in order to improve network performance (Rao: paragraph 0006).
Regarding claim 7 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link is congested, wherein the one or more conditions include the second link not being congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and allowing PDUs on the first link and the second link (paragraphs 0094-0095; no PSI values are used, and packets are communication per DRB in accordance with configurations).
Lee does not explicitly disclose but Rao, in the same field of endeavor related to PDU discarding mechanisms, discloses and wherein the PDU set-based discard mechanism includes overwriting logical channel-specific transmission restrictions (paragraphs 0166-0168; priority handling between logical channels of one UE by means of logical channel prioritization). Therefore, 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 teachings of Lee with the teachings of Rao, in order to improve network performance (Rao: paragraph 0006).
Regarding claim 13 Lee discloses the apparatus of claim 1, wherein the indication indicates that the first link or the second link is congested (paragraphs 0095, 0100-0102, 0105-0107, 0113-0128; in case where dual connectivity (DC) is configured, the UE may receive the MAC CE through MCG or SCG. For reference, in case DC is configured, three DRB types (MCG DRB, SCG DRB, and Split DRB) may exist. In this case, the UE may determine a target DRB to which the PSI-based packet discarding operation is used), and wherein the PDU set-based discard mechanism includes a PDU set importance (PSI)-based discard mechanism (paragraphs 0076, 0078, 0092-0095, 0104; PSI based discarding).
Lee does not explicitly disclose but Rao, in the same field of endeavor related to PDU discarding mechanisms, discloses wherein the one or more conditions include a congested link being specific to a frequency band (paragraphs 0139; network 100 may communicate using the electromagnetic spectrum, which may be subdivided based on frequency or wavelength into various classes, bands, channels, or the like). Therefore, 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 teachings of Lee with the teachings of Rao, in order to improve network performance (Rao: paragraph 0006).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2025/0055619 to Sebire et al. – that discloses transmitting, by a network apparatus to a user equipment (UE) based on a first condition, a first command to activate a protocol data unit set importance (PSI)-based discard at the UE, where the PSI-based discard includes discarding a protocol data unit (PDU) set based on a PSI level of the PDU set satisfying a PSI criterion, and where the PDU set includes one or more PDUs carrying a payload of one unit of information at an application level; and transmitting, by the network apparatus to the UE based on a second condition, a second command to cancel the PSI-based discard at the UE.
US PGPUB 2026/0173197 to Yi et al. – which discloses based on a congestion indication indicating at least one of the plurality of DRBs being received, activating a discarding procedure related to a congestion for the at least one DRB, wherein, based on a resume indication indicating the at least one DRB being received, the discarding procedure related to the congestion is deactivated.
US PGPUB 2026/0122700 to Chun et al. – that discloses a first base station (BS) sends a first parameter indicating that the first BS configures protocol data unit (PDU) set importance (PSI) based discarding, for a PDU session, of a wireless device, terminated at the first BS. The first BS determines that resources of the first BS are congested, for the PDU session, and sends a general packet radio service tunneling protocol (GTP) message comprising a second parameter indicating activation of PSI based discarding for the PDU session.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
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, Faruk Hamza can be reached at 571-272-7969. 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.
/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
Prosecution Insights