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 .
Claims 1-6, 8-14, and 16-24 have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/07/2026 has been entered.
Claim Objections
Claims 23 and 24 objected to because of the following informalities:
Claim 23 line 2 “established based” should read –established based on—
Claim 24 line 2 “established based” should read –established based on—
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 23 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In reference to claim 23
Claim 23 recites the limitation "The WTRU" in line 1 and “the processor” in line 3. There is insufficient antecedent basis for these limitations in the claim. The Examiner assumes that line 1 should read “the WTRU of claim 1,” instead of claim 11.
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.
Claim(s) 1-3, 5-6, 9-11, 13-14, 16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (US 2024/0292309) in view of “Solution for path switch between PC5 and Uu” by CATT, in view of PALADUGU et al. (US 2023/0171671), in view of SHARIAT et al. (US 2022/0232450).
In reference to claim 1
Dong teaches a first wireless transmit/receive unit (e.g. UE1; par. 0058, 0089) comprising: a processor (e.g. processor 500; par. 0089) configured to:
determine that at least one trigger for performing a path switch from a PC5 communication link to a Uu-based network communication link (e.g. path switch from PC5 path to Uu path; par. 0058) has occurred, wherein the at least one trigger for performing the path switch comprises a determination that a link quality of the PC5 communication link is below a threshold (e.g. Quality of PC5 link between UE1 and UE2 becomes lower than a threshold; par. 0060)
perform Protocol Data Unit (PDU) session establishment with a network node or perform a PDU session modification procedure with the network node to establish or modify a network-based PDU session (e.g. modify/establish PDU session for the Uu communication with a base station of the RAN; par. 0069, 0052); and
send second information to the second WTRU, for communication via the Uu-based network communication link (e.g. UE1 exchanges data of Prose service with UE2 via the Uu communication path; par. 0070).
Dong does not teach the processor configured to sending a path switching request to a second WTRU via the PC5 communication link; receive first information from the second WTRU, wherein the first information comprises a path switching response for communication via the Uu-based network communication link; perform the procedure based on receiving the path switch response.
CATT teaches sending a path switching request to a second WTRU via a PC5 communication link (e.g. UE1 sends a path switching request to UE2 via a PC5 communication link; par. 6.X.2.2); receiving first information from a second WTRU, wherein first information comprises a path switching response for communication via an Uu-based network communication link (e.g. UE1 receives a path switching response from UE2 for communication via a Uu communication link; par. 6.X.2.2); performing a procedure based on receiving the path switch response (e.g. UE1 and UE2 performs a procedure based on receives the path switching response from UE2; par. 6.X.2.2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the processor of Dong to be configured to send a path switching request to a second WTRU via the PC5 communication link; receive first information from the second WTRU, wherein the first information comprises a path switching response for communication via the Uu-based network communication link; perform the establishment or modification procedure based on receiving the path switch response as suggested by CATT because it would allow the first WTRU to send a message to request a path switch to the second WTRU, the first WTRU to receive a response to the request from the second WTRU, and performing Protocol Data Unit session establishment with a network node or perform a PDU session modification procedure with the network node to establish a network-based PDU session after receiving the response in order to facilitate coordination of communications between the first WTRU and second WTRU when switching from communications on a PC5 link to a Uu communication link due to degradation of link quality on the PC5 link.
The combination of Dong and Catt does not teach the processor configured to establish communication via a PC5 communication link.
PALADUGU et al. teaches a processor (e.g. processor 1204; Fig. 12, par. 0170) establishing communication via a PC5 communication link. (par. 0206).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the processor of the combination of Dong and Catt to establish communication via a PC5 communication link as suggested by PALADUGU et al. because it would allow the first WTRU to communicate information with another device via a PC5 link.
The combination of Dong, Catt, and PALADUGU et al. does not teach the PC5 communication link is a preferred communication link and the Uu-based network communication link is a non-preferred communication link.
SHARIAT et al. teaches a PC5 is preferred and a Uu is non-preferred (par. 0021).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the of combination of Dong, Catt, and PALADUGU et al. to include the PC5 communication link is a preferred communication link and the Uu-based network communication link is a non-preferred communication link as suggested by SHARIAT et al. because it would allow the first WTRU to determine a preferred communication link out of the group comprising a PC5 communication link and a Uu-based network communication link to prioritize for communications.
In reference to claim 2, 10
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. teaches a system and method that covers substantially all limitations of the parent claim. Dong further teaches the processor is configured to receive a message from a network node indicating that the path switching is allowed or policies for implementing path switching (e.g. UE1 receives communication path policies for implementing path switching from base station of RAN network when UE1 registers to the network; par. 0062-0067, 0111).
In reference to claim 3, 11
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. teaches a system and method that covers substantially all limitations of the parent claim. Dong further teaches wherein the at least one trigger comprises the first WTRU being in a location area where path switching is allowed, an indication from an application, or a Uu link quality being above a threshold (e.g. at least one trigger comprises Quality of PC5 link between UE1 and UE2 becomes lower than a threshold as explained for claim 1; par. 0060).
In reference to claim 5, 13
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. teaches a system and method that covers substantially all limitations of the parent claim. Dong further teaches the processor is configured to: receive provisioning information, wherein the provisioning information comprises a path switch capability, one or more path switching policies (e.g. UE1 receives provisioning information comprising path switching policies for implementing path switching from RAN network when UE1 registers to the network; par. 0062-0067, 0111), or a path switching information sharing method; and determine the at least one trigger for performing the paths switch is based on the provisioning information. (e.g. UE1 checks policy and determines trigger comprising both PC5 path and Uu could be used is satisfied for performing path switching; par. 0062-0067)
In reference to claim 6, 14
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. teaches a system and method that covers substantially all limitations of the parent claim. Catt further teaches the processor is configured to send the path switch request to the second WTRU based on a determination that one or more triggers have occurred (e.g. UE1 sends a path switching request to UE2 via a PC5 communication link based on determination that one or more triggers have occurred; par. 6.X.2.2) and the path switching request indicates whether the preferred PC5 communication link should be preserved after path switching (e.g. path switching request indicates the PC5 communication link should not be preserved after path switching; PC5 communication link is released after path switching; par. 6.X.2.2).
In reference to claim 9
Dong teaches a method performed by a first wireless transmit/receive unit (e.g. UE1; par. 0058, 0089) the method comprising:
determining that at least one trigger (e.g. Quality of PC5 link between UE1 and UE2 becomes lower than a threshold; par. 0060) for performing a path switch from a PC5 communication link to a Uu-based network communication link (e.g. path switch from PC4 path to Uu path; par. 0058) has occurred, wherein the at least one trigger for performing the path switch comprises a determination that a link quality of the PC5 communication link is below a threshold (e.g. Quality of PC5 link between UE1 and UE2 becomes lower than a threshold; par. 0060)
performing Protocol Data Unit (PDU) session establishment with a network node or perform a PDU session modification procedure with the network node to establish or modify a network-based PDU session (e.g. modify/establish PDU session for the Uu communication with a base station of the RAN; par. 0069, 0052); and
sending second information to the second WTRU, for communication via the Uu-based network communication link (e.g. UE1 exchanges data of Prose service with UE2 via the Uu communication path; par. 0070).
Dong does not teach sending a path switching request to a second WTRU via the PC5 communication link; receiving first information from the second WTRU, wherein the first information comprises a path switching response for communication via the Uu-based network communication link; performing the procedure based on receiving the path switch response.
CATT teaches sending a path switching request to a second WTRU via a PC5 communication link (e.g. UE1 sends a path switching request to UE2 via a PC5 communication link; par. 6.X.2.2); receiving first information from a second WTRU, wherein first information comprises a path switching response for communication via an Uu-based network communication link (e.g. UE1 receives a path switching response from UE2 for communication via a Uu communication link; par. 6.X.2.2); performing a procedure based on receiving the path switch response (e.g. UE1 and UE2 performs a procedure based on receives the path switching response from UE2; par. 6.X.2.2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to the method of Dong to include sending a path switching request to a second WTRU; receiving first information from the second WTRU, wherein the first information comprises a path switching response for communication via the Uu-based network communication link; and performing the establishment or modification procedure based on receiving the path switch response as suggested by CATT because it would allow the first WTRU to send a message to request a path switch to the second WTRU, the first WTRU to receive a response to the request from the second WTRU, and performing Protocol Data Unit session establishment with a network node or perform a PDU session modification procedure with the network node to establish a network-based PDU session after receiving the response in order to facilitate coordination of communications between the first WTRU and second WTRU when switching from communications on a PC5 link to a Uu communication link due to degradation of link quality on the PC5 link.
The combination of Dong and Catt does not teach establishing communication via a PC5 communication link.
PALADUGU et al. teaches establishing communication via a PC5 communication link. (par. 0206).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Dong and Catt to establish communication via a PC5 communication link as suggested by PALADUGU et al. because it would allow the first WTRU to communicate information with another device via a PC5 link.
The combination of Dong, Catt, and PALADUGU et al. does not teach the PC5 communication link is a preferred communication link and the Uu-based network communication link is a non-preferred communication link.
SHARIAT et al. teaches a PC5 is preferred and a Uu is non-preferred (par. 0021).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the of combination of Dong, Catt, and PALADUGU et al. to include the PC5 communication link is a preferred communication link and the Uu-based network communication link is a non-preferred communication link as suggested by SHARIAT et al. because it would allow the first WTRU to determine a preferred communication link out of the group comprising a PC5 communication link and a Uu-based network communication link to prioritize for communications.
- In reference to claim 16, 18
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. teaches a system and method that covers substantially all limitations of the parent claim. Dong further teaches the processor is configured to switch traffic or one or more proximity services from the preferred PC5 communication link to the non-preferred Uu-based network communication link (e.g. processor configured to switch proximity services from PC5 to Uu communication link; par. 0058-0070).
- In reference to claim 19, 20
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. teaches a system and method that covers substantially all limitations of the parent claim. Catt further teaches reception of the first information is indicative of the path switching request being accepted. (e.g. reception of path switch response indicative of the path switching request being accepted by the second UE; par. 6.X.2.2).
Claim(s) 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (US 2024/0292309) in view of “Solution for path switch between PC5 and Uu” by CATT, in view of PALADUGU et al. (US 2023/0171671), in view of SHARIAT et al. (US 2022/0232450), as applied to the parent claim, and further in view of Chung et al. (US 2016/0227451).
In reference to claim 8, 17
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. teaches a system and method that covers substantially all limitations of the parent claim. Catt further teaches the path switching request is sent to the second WTRU via the preferred PC5 communication link (e.g. UE1 sends a path switching request to UE2 via a PC5 communication link; par. 6.X.2.2); wherein a path switching response is received from the second WTRU via the PC5 communication link (e.g. UE1 receives a path switching response from UE2 via a PC5 communication link; par. 6.X.2.2); and wherein a message is sent to the second WTRU via the PC5 communication link (e.g. UE1 sends a path switching request to UE2 via a PC5 communication link; par. 6.X.2.2).
The combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. does not teach the message being a path switching acknowledgment.
CHUNG et al. teaches a message being a path switching acknowledgment (par. 0054).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the message of the combination of Dong, Catt, PALADUGU et al. and SHARIAT et al. to be a path switching acknowledgment as suggested by CHUNG et al. because it would allow the first WTRU to inform the second WTRU that the first WTRU received the Path Switch Response from the second WTRU in order to facilitate coordination of path switching by the first and second WTRUs.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (US 2024/0292309) in view of “Solution for path switch between PC5 and Uu” by CATT, in view of PALADUGU et al. (US 2023/0171671), in view of SHARIAT et al. (US 2022/0232450), as applied to the parent claim, and further in view of PALADUGU et al. (US 2023/0247513).
In reference to claim 21-22
The combination of Dong, Catt, PALADUGU et al. ‘671 teaches a system and method that covers substantially all limitations of the parent claim. Dong futher teaches determine that a quality of the PC5 communication link is less than the threshold (e.g. Quality of PC5 link between UE1 and UE2 becomes lower than a threshold; par. 0060-0061) to determine that the at least one trigger for performing the path switch from the PC5 communication link to the Uu-based network communication link has occurred; and determine to switch from the PC5 communication link to the Uu-based network communication link (e.g. switch from PC5 link to Uu link; par. 0060).
The combination of Dong, Catt, PALADUGU et al. ‘671 does not teach receiving an indication indicating the PC5 communication link is a preferred communication link and the Uu-based network communication link is a non-preferred communication link.
SHARIAT et al. teaches teach receiving an indication indicating a PC5 is preferred and a Uu is non-preferred (par. 0021-0024).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the of combination of The combination of Dong, Catt, PALADUGU et al. ‘671 to include teach receiving an indication indicating the PC5 communication link is a preferred communication link and the Uu-based network communication link is a non-preferred communication link as suggested by SHARIAT et al. because it would allow the first WTRU to be notified of a preferred communication link out of the group comprising a PC5 communication link and a Uu-based network communication link to prioritize for communications.
The combination of Dong, Catt, PALADUGU et al. ‘671 and SHARIAT et al. does not teach a signal strength being less than the threshold.
PALADUGU et al. ‘513 teaches a signal strength being less than a threshold (par. 0051).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the of combination of Dong, Catt, PALADUGU et al. ‘671 and SHARIAT et al. to include teach a signal strength being less than the threshold as suggested by PALADUGU et al. ‘513 because it would the WTRU to utilize a measured power level on the PC5 communication link to compare to the threshold to utilize in performing the path switch.
Allowable Subject Matter
Claims 4 and 12 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.
Claims 23 and 24 would be allowable if rewritten to overcome the objection(s) and/or rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the rejection(s) of claim(s) 1 and similarly claim 9 have been considered but are moot in view of the current rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN S ROBERTS whose telephone number is (571)272-3095. The examiner can normally be reached M to F, 9am to 5pm.
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BRIAN S. ROBERTS
Primary Examiner
Art Unit 2466
/BRIAN S ROBERTS/Primary Examiner, Art Unit 2466
Prosecution Insights