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 .
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.
Claims 1-2, 13, 17-18, 21-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by NEC Corporation et al (WO 2023/102922 A1, IDS).
Regarding claim 1, NEC Corporation et al (WO 2023/102922 A1) discloses a first device (fig. 1, fig. 10, terminal device 110 that comprises a processor 1010 coupled to a memory 1040, the memory stores program instructions executed by the processor, section 0161-0164, the UE/terminal device which initiates SDT procedure (i.e., MO.SDT), including MT-SDT that is to be performed for the terminal device, section 0061-0062, 0068) comprising: at least one processor (fig. 10, processor 1010 coupled to the memory, section 0161-0164); and at least one memory including computer program codes (fig. 1, fig. 10, terminal device 110 that comprises a processor 1010 coupled to a memory 1040, the memory stores program instructions executed by the processor, section 0161-0164); the at least one memory and the computer program codes are configured to, with the at least one processor (fig. 1, fig. 10, terminal device 110 that comprises a processor 1010 coupled to a memory 1040, the memory stores program instructions executed by the processor, section 0161-0164), cause the first device (see, the UE/terminal device which initiates SDT procedure (i.e., MO.SDT), including MT-SDT that is to be performed for the terminal device, section 0061-0062, 0068) at least to: determine one or more resources used (see, the terminal device determines a configured grant (CG) resources for RA based MT-SDT, section 0071-0072) available for SDT for a mobile terminated type Small Data Transmission, SDT, procedure (see, the terminal device 110 determines whether RA based MT-SDT or CG based on MT-SDT, section 0069, 0071-0072-detemination of RA resources configured for MT-SDT); and perform the mobile terminated type SDT procedure to a second device based on the determined one or more resources (see, the terminal device receives from a network device based on available RA resource for the MT-SDT, the terminal device performs uplink transmission of the MT-SDT to the network device via the RA resource, section 00146-0147).
Regarding claim 2, NEC ‘922 discloses the first device (see, the UE/terminal device which initiates SDT procedure (i.e., MO.SDT), including MT-SDT that is to be performed for the terminal device, section 0061-0062, 0068) of claim 1, wherein the first device is caused to determine one or more resources based on a set of resources allocated (section 0141-0142-CG based MT-SDT for the terminal device) for a non-SDT random access procedure (see, RA configurations for non-SDT for the RA-based MT-SDT, section 0091).
8. (canceled)
Regarding claim 13, NEC ‘922 discloses the first device of claim 1, wherein the first device is caused to determine one or more resources based on an uplink grant (section 0108-uplink grant in relation to dedicated CG resource for the MT-SDT) configured by the second device (section 0091, 0141-configured grant (CG) for the terminal device and the terminal device receives second configuration from the network device).
Regarding claim 17, NEC ‘922 discloses a method (fig. 1, fig. 10, terminal device 110 that comprises a processor 1010 coupled to a memory 1040, the memory stores program instructions executed by the processor, section 0161-0164, the UE/terminal device which initiates SDT procedure (i.e., MO.SDT), including MT-SDT that is to be performed for the terminal device, section 0061-0062, 0068) comprising: determining (see, the terminal device determines a configured grant (CG) resources for RA based MT-SDT, section 0071-0072), at a first device (see, the UE/terminal device which initiates SDT procedure (i.e., MO.SDT), including MT-SDT that is to be performed for the terminal device, section 0061-0062, 0068), one or more resources used (see, the terminal device determines a configured grant (CG) resources for RA based MT-SDT, section 0071-0072) for a mobile terminated type Small Data Transmission, SDT, procedure (see, the terminal device 110 determines whether RA based MT-SDT or CG based on MT-SDT, section 0069, 0071-0072-detemination of RA resources configured for MT-SDT); and performing the mobile terminated type SDT procedure to a second device based on the determined one or more resources (see, the terminal device receives from a network device based on available RA resource for the MT-SDT, the terminal device performs uplink transmission of the MT-SDT to the network device via the RA resource, section 00146-0147).
Regarding claim 18, NEC ‘922 discloses the method (see, the UE/terminal device which initiates SDT procedure (i.e., MO.SDT), including MT-SDT that is to be performed for the terminal device, section 0061-0062, 0068) of claim 17, wherein determining the one or more resources (section 0141-0142-CG based MT-SDT for the terminal device) comprises: determining the one or more resources based on a set of resources allocated for a non-SDT random access procedure (see, RA configurations for non-SDT for the RA-based MT-SDT, section 0091).
Regarding claim 21, NEC ‘922 discloses the method of claim 17, wherein determining the one or more resources (see, the terminal device 110 determines whether RA based MT-SDT or CG based on MT-SDT, section 0069, 0071-0072-detemination of RA resources configured for MT-SDT) comprises: determining the one or more resources based on a set of resources allocated for a SDT random access procedure (section 0108-0110, 0123-the terminal device determines RA -based CG resource and performs uplink transmission via RA resource).
Regarding claim 22, NEC ‘922 discloses the method of claim 17, wherein determining the one or more resources comprises: in accordance with a determination that uplink data associated with the mobile terminated type SDT procedure is to be transmitted in a random access procedure message (section 0108-uplink grant in relation to dedicated CG resource for the MT-SDT), determining the one or more resources based on a set of resources allocated for a SDT random access procedure (section 0091, 0141-configured grant (CG) for the terminal device and the terminal device receives second configuration from the network device).
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.
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 3, 7, 9, 10-12, 14-15, 19-20, 22-23, 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over NEC et al (WO 2023/102922 A1, Filing Date: December 10, 20921) in view of AGIWAL et al (US 2023/0209504 A1, Foreign Priority: December 28, 2021).
NEC ‘922 discloses all the claim limitations but fails to explicitly disclose: Regarding claim 3, the first device of claim 1, wherein the first device is caused to determine one or more resources based on a set of resources allocated for a non-SDT random access procedure, in accordance with a determination that no uplink data other than a common control channel message is to be transmitted in a random access procedure message, or in accordance with a determination that no uplink data is to be transmitted on data radio bearer, DRB, configured for SDT or in accordance with a determination that uplink data associated with the mobile terminated type SDT procedure is to be transmitted in a random access procedure message.
Regarding claim 7 (Currently Amended), the first device of claim 1, wherein the first device is caused to determine one or more resources by: receiving, from the second device (see, the terminal device receives from the network device, one or more configurations for MT-SDT or information of configured grant (CG) resources, section 0071-0072), an indication of the one or more resources used for the mobile terminated type SDT procedure; and determining the one or more resources based on the indication, wherein the indication is received via a paging message or a dedicate signalling.
Regarding claim 10, the first device of claim 1, wherein the first device is caused to determine one or more resources by: obtaining a set of random access resources specified for the mobile terminated type SDT procedure; and in accordance with a determination that no uplink data is to be transmitted or uplink data to be transmitted having a data volume less than a threshold volume, determining the one or more resources based on the set of random access resources specified for the mobile terminated type SDT procedure.
Regarding claim 11, the first device of claim 1, wherein the first device is caused to determine one or more resources by: obtaining a set of random access resources specified for the mobile terminated type SDT procedure; and in accordance with a determination that at least one criteria for initiating the mobile terminated type SDT procedure is satisfied while at least one criteria for initiating a mobile originated type SDT procedure is satisfied, determining the one or more resources based on at least one of: the set of random access resources specified for the mobile terminated type SDT procedure, or a set of random access resources specified for the mobile originated type SDT procedure.
Regarding claim 12, the first device of claim 10, wherein the first device is caused to determine one or more resources by in accordance with a determination that an indication that the set of random access resources specified for the mobile terminated type SDT procedure is to be used upon an initiation of the mobile terminated type SDT procedure, based on the set of random access resources specified for the mobile terminated type SDT procedure.
Regarding claim 14, the first device of claim 1, wherein the first device is further caused to: indicate that the mobile terminated type SDT procedure is initiated by an logical channel identifier when a non-SDT radio resource control message is used or a set of resources allocated for a non-SDT random access procedure are used.
Regarding claim 15, first device of claim 1, wherein the first device is further caused to: in accordance with a determination that no uplink data is to be transmitted or uplink data to be transmitted having a data volume less than a threshold volume, indicate that the mobile terminated type SDT procedure is initiated by an logical channel identifier when a non-SDT radio resource control message is used or a set of resources allocated for a non-SDT random access procedure are used.
Regarding claim 19, the method of claim 17, wherein determining the one or more resources comprises: in accordance with a determination that no uplink data other than a common control channel message is to be transmitted in a random access procedure message, determining the one or more resources based on a set of resources allocated for a non-SDT random access procedure.
Regarding claim 20, the method of claim 17, wherein determining the one or more resources comprises: in accordance with a determination that no uplink data is to be transmitted on data radio bearer, DRB, configured for SDT, determining the one or more resources based on a set of resources allocated for a non-SDT random access procedure.
Regarding claim 23, the method of claim 17, wherein determining the one or more resources comprises: receiving, from the second device, an indication of the one or more resources used for the mobile terminated type SDT procedure; and determining the one or more resources based on the indication.
Regarding claim 25, the method of claim 17, wherein determining the one or more resources comprises: obtaining a set of random access resources specified for the mobile terminated type SDT procedure; and in accordance with a determination that at least one criteria for initiating the mobile terminated type SDT procedure is satisfied while at least one criteria for initiating a mobile originated type SDT procedure fails to be satisfied, determining the one or more resources based on the set of random access resources specified for the mobile terminated type SDT procedure.
Regarding claim 26, the method of claim 17, wherein determining the one or more resources comprises: obtaining a set of random access resources specified for the mobile terminated type SDT procedure; and in accordance with a determination that no uplink data is to be transmitted or uplink data to be transmitted having a data volume less than a threshold volume, determining the one or more resources based on the set of random access resources specified for the mobile terminated type SDT procedure.
However, AGIWAL et al (US 2023/0209504 A1, Foreign Priority: December 28, 2021) from a similar field of endeavor discloses: Regarding claim 3, first device of claim 1, wherein the first device is caused to determine one or more resources based on a set of resources allocated for a non-SDT random access procedure, in accordance with a determination that no uplink data (see, no UL data , section 0100) other than a common control channel message is to be transmitted in a random access procedure message (see, paging record that is included in list of paging record wherein list is common to UEs with MT-SDT indication, section 0113), or in accordance with a determination that no uplink data is to be transmitted on data radio bearer, DRB, configured for SDT or in accordance with a determination that uplink data associated with the mobile terminated type SDT procedure is to be transmitted in a random access procedure message (see, uplink transmission using the CG-SDT resource to be valid when the conditions are fulfilled, section 0236-0237).
In view of the above, it 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 to implement the small data transmission (SDT) based on MT-SDT and MO SDT indication and CG resources as taught by AGIWAL ‘504 into method and apparatus for determining resources for RA-based MT SDT and MO SDT of NEC. The motivation would have been to reduce latency by allowing fast transmission as suggested in section 0015.
Regarding claims 7, 23 (Currently Amended), the first device of claim 1, wherein the first device is caused to determine one or more resources by: receiving, from the second device (see, if the paging message including I-RNTI and SDT indicating is received, the UE selects CTG type PUSCH resources, section 0290) , an indication of the one or more resources used for the mobile terminated type SDT procedure (see, the UE selects RS-SDT resources based on the paging indication, section 0290-0300, 0325-0328); and determining the one or more resources based on the indication, wherein the indication is received via a paging message or a dedicate signalling (see, the UE selects resources for the RA- SDT procedure/MT-SDT based on paging message, section 0290-0300, 0325-0335).
Regarding claims 9, 25, NEC ‘922 as modified by AGIWAL ‘504 discloses first device of claim 1, wherein the first device is caused to determine one or more resources (AGIWAL, see, RACH and CG resources for SDT, section 0094) by: obtaining a set of random access resources specified for the mobile terminated type SDT procedure (see, MT-SDT, the RSRP of the downlink path loss reference is less than SDT-RSRP-Thresholds, section 0214-0224); and in accordance with a determination that at least one criteria for initiating the mobile terminated type SDT procedure is satisfied (see, for CG resources configured for SDT, the UE selects UL carrier has SS-RSRP above the Cg-SDT-RSRP thresholds, section 0214-0224) while at least one criteria for initiating a mobile originated type SDT procedure fails to be satisfied ee, MT-SDT, the RSRP of thew downlink path loss reference is less than SDT-RSRP-Thresholds, section 0214-0224), determining the one or more resources based on the set of random access resources specified for the mobile terminated type SDT procedure (see, for CG resources configured for SDT, the UE selects UL carrier has SS-RSRP above the Cg-SDT-RSRP thresholds, section 0214-0224, 0241-0260, NEC, section 0108, 0120)
Regarding claims 10, 26, the first device of claim 1, wherein the first device is caused to determine one or more resources by: obtaining a set of random access resources specified for the mobile terminated type SDT procedure (see, for CG_SDT resources configured for MO SDT and MT SDT, the UE selects CG-SDT resources for MT SDT when CG-SDT is selected upon receiving a paging message, based on indication form the gNB, section 0428-0430); and in accordance with a determination that no uplink data is to be transmitted or uplink data to be transmitted having a data volume less than a threshold volume (see, SDT selection based on RSRP threshold, and volume of downlink data that is less than data volume threshold, section 0432, 0443), determining the one or more resources based on the set of random access resources specified for the mobile terminated type SDT procedure (see, for CG_SDT resources configured for MO SDT and MT SDT, the UE selects CG-SDT resources for MT SDT when CG-SDT is selected upon receiving a paging message, section 0428-0430).
In view of the above, it 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 to implement the small data transmission (SDT) based on MT-SDT and MO SDT indication and CG resources as taught by AGIWAL ‘504 into method and apparatus for determining resources for RA-based MT SDT and MO SDT of NEC. The motivation would have been to reduce latency by allowing fast transmission as suggested in section 0015.
Regarding claim 11, the first device of claim 1, wherein the first device is caused to determine one or more resources by: obtaining a set of random access resources specified for the mobile terminated type SDT procedure; (see, for CG_SDT resources configured for MO SDT and MT SDT, the UE selects CG-SDT resources for MT SDT when CG-SDT is selected upon receiving a paging message, based on indication form the gNB, section 0428-0430); and in accordance with a determination that at least one criteria for initiating the mobile terminated type SDT procedure is satisfied while at least one criteria for initiating a mobile originated type SDT procedure is satisfied (see, the UE selects CG resources for SDT, based on CG-SDT resources if the carrier has SS-RSRP above cg-SDT-RSRP thresholds section 0214-0220), determining the one or more resources based on at least one of: the set of random access resources specified for the mobile terminated type SDT procedure, or a set of random access resources specified for the mobile originated type SDT procedure (section 0214-0220-the UE selects resources based on thresholds).
In view of the above, it 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 to implement the small data transmission (SDT) based on MT-SDT and MO SDT indication and CG resources as taught by AGIWAL ‘504 into method and apparatus for determining resources for RA-based MT SDT and MO SDT of NEC. The motivation would have been to reduce latency by allowing fast transmission as suggested in section 0015.
Regarding claim 12, the first device of claim 10, wherein the first device is caused to determine one or more resources by in accordance with a determination that an indication that the set of random access resources specified for the mobile terminated type SDT procedure is to be used upon an initiation of the mobile terminated type SDT procedure (see, for CG_SDT resources configured for MO SDT and MT SDT, the UE selects CG-SDT resources for MT SDT when CG-SDT is selected upon receiving a paging message, based on indication form the gNB, section 0428-0430);, based on the set of random access resources specified for the mobile terminated type SDT procedure (see, for CG_SDT resources configured for MO SDT and MT SDT, the UE selects CG-SDT resources for MT SDT when CG-SDT is selected upon receiving a paging message, based on indication form the gNB, section 0428-0430).
In view of the above, it 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 to implement the small data transmission (SDT) based on MT-SDT and MO SDT indication and CG resources as taught by AGIWAL ‘504 into method and apparatus for determining resources for RA-based MT SDT and MO SDT of NEC. The motivation would have been to reduce latency by allowing fast transmission as suggested in section 0015.
Regarding claims 14, 19, the first device of claim 1, wherein the first device is further caused to: indicate that the mobile terminated type SDT procedure is initiated by an logical channel identifier when a non-SDT radio resource control message is used or a set of resources allocated for a non-SDT random access procedure are used (see, DL date/signaling for radio bearers not configured for SDT or MT-SDT, section 0144-0148, noted: the UE selects RACH resources with respect to non RA-SDT resources, section 0274-0282).
Regarding claims 15, 20, first device of claim 1, wherein the first device is further caused to: in accordance with a determination that no uplink data is to be transmitted or uplink data to be transmitted having a data volume less than a threshold volume(see, SDT selection based on RSRP threshold, and volume of downlink data that is less than data volume threshold, section 0432, 0443),, indicate that the mobile terminated type SDT procedure is initiated by an logical channel identifier when a non-SDT radio resource control message is used or a set of resources allocated for a non-SDT random access procedure are used (see, DL date/signaling for radio bearers not configured for SDT or MT-SDT, section 0144-0148, noted: the UE selects RACH resources with respect to non RA-SDT resources, section 0274-0282).
In view of the above, it 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 to implement the small data transmission (SDT) based on MT-SDT and MO SDT indication and CG resources as taught by AGIWAL ‘504 into method and apparatus for determining resources for RA-based MT SDT and MO SDT of NEC. The motivation would have been to reduce latency by allowing fast transmission as suggested in section 0015.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
YUE et al (US 2024/0430940 A1) discloses mobile terminated SDT (MT-SDT) and mobile originated SDT (MO-SDT) (section 0015-0017), the network device transmits a paging for MT SDT to terminal device/UE (section 0018-0020) and the UE respond to the paging by initiating procedure (section 0053-0054, 058-0059).
Shrestha et al (US 2022/0167438 A1) discloses mobile terminated (MT) early data transmission (EDT) (section 0037, 0095, 0105).
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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