CTNF 18/840,790 CTNF 89159 DETAILED ACTION This office action response to the communication filed on 08/22/2024. Claims 17-33 are presented for examination. Claims 1-6 are cancelled. Notice of AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statements (lDSs) submitted on Augst 22, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 33 is rejected under 35 U.S.C. 101 because the claimed invention is directed to nonstatutory subject matter. Claim 33 is drawn to a “computer program” which can only comprise software. The specification is silent regarding any special meaning of this term. Thus, applying the broadest reasonable interpretation in light of the specification and taking into account the meaning of the words in their ordinary usage as they would be understood by one of ordinary skill in the art, the claim as a whole covers software which does not fall within the definition of a process, a machine, manufacture, or composition of matter (In re Nuijten ). Amendments may be made to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claim. Cf Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987). Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes non-transitory embodiments and transitory signals per se. Subject Matter Eligibility of Computer Readable Media , 1351 OG 212 (February 23, 2010). Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 17-33 are rejected under 35 U.S.C. 103 as being unpatentable over TSAI et al. (U.S. Patent Application Publication No. 2021/0337625), (“D1”, hereinafter), in view of Alfarhan et al. (U.S. Patent Application Publication No. 2023/0164773), (“D2”, hereinafter) . As per Claim 17, D1 discloses a terminal device ([see, [0057], in FIG. 2A, action 212 includes UE 202]) comprising means configured to: determine a failure in selecting small data transmission procedure (selecting between the RA procedure with 2-step or 4-step RA type) for an uplink transmission ([see, [0060, 0065], the UE may perform determine a carrier selection before selecting between the RA procedure with 2-step or 4-step RA type for all uplink transmissions of the random-access procedure]); and transmit to a network device (base station 204) , a report ((beam/SSB) measurement report) comprising a small data transmission procedure type that the terminal device fails to select ([see, [0052-0057, 0169-0170], and Fig. 2A, wherein the UE 202 transmitting ACK/NACK information, (beam/SSB) measurement report, the UE may determine whether there is a valid/available UL resource for UL data transmission (e.g., SDT) in the RRC_INACTIVE state based on whether a specific procedure is triggered (or pending or ongoing)]). D1 doesn’t appear explicitly disclose: a reason for the small data transmission procedure selection failure. However, D2 discloses a reason for the small data transmission procedure selection failure ([see, [0106-0112], a WTRU may or may not select a specific transmission opportunity or linked resource several reasons, such as capable of performing a two-step RACH, and thus small data transmissions, support a maximum small data packet size and/or range of allowable packet sizes, and based on the WTRU's synchronization status with the network]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide determine whether or not to transition to connected mode by using the SDT resource in an effective manner results improve enables transmitting the small data transmission over the uplink channel in response to the random access (RA) message or the configured grant (CG) in an efficient manner (D2, [0004]]). As per Claim 18, D1 and D2 disclose the terminal device of claim 17, and D1 further discloses further comprising means configured to: indicate the availability of the report to the network device ([see, [0100], determine that there is UL data available. If the BSR has been triggered, the UE may check whether there is any UL resource (e.g., PUSCH resource) available for (new) transmission]). As per Claim 19, D1 and D2 disclose the terminal device of claim 17, and D1 further discloses further comprising means configured to: receive a request from the network device to transmit the report ([see, [0061], Action 224 includes base station 204 transmitting a RAR (e.g., MSG 2) to UE 202, the RAR may contain information relating to a resource to be used by UE 202 in uplink or information relating to uplink transmission timing for UE 202]); transmit the report responsive to the request ([see, [0052-0057, 0062] Action 226 includes UE 202 transmitting an RRC resume request (e.g., MSG 3) using the uplink resource (e.g., PDSCH resource) provided by base station 204 via the RAR in action 224]). As per Claim 20, D1 and D2 disclose the terminal device of claim 17, and D1 further discloses further comprising means configured to: transmit the report to the network device after the terminal device has entered a radio resource control (RRC) connected state ([see, [0083], wherein the UE is configured to support UL data transmission in an RRC_INACTIVE state, upon the UE receiving the UL data transmission configuration(s), the UE may enter an RRC_INACTIVE state. As per Claim 21, D1 and D2 disclose the terminal device of claim 17, and D1 further discloses further comprising means configured to: store more than one reports in a local data repository ([see, 0047], the UE may store the UE Inactive AS context (and any related configuration received from the network)]); and transmit the more than one reports to the network device ([see, [0052-0057, 0169-0170], and Fig. 2A, wherein the UE 202 transmitting ACK/NACK information, (beam/SSB) measurement report, the UE may determine whether there is a valid/available UL resource for UL data transmission (e.g., SDT) in the RRC_INACTIVE state based on whether a specific procedure is triggered (or pending or ongoing)]). As per Claim 22, D1 and D2 disclose the terminal device of claim 17 , and D1 appears to be silent to the instant claim, and D2 further discloses wherein the report comprises one or more of the following information elements: an indication that Physical Uplink Shared Channel (PUSCH), resources were invalid; an indication that a selected Synchronization Signal Block (SSB), beam was invalid; an indication that a value related to Timing Advance, (TA) was invalid; an indication that a cell reselection was the cause for the small data transmission selection procedure failure ([see, [0110], a WTRU may or may not select a specific transmission opportunity or linked resource based on the mobility status of the WTRU. For example, a WTRU may transmit in a small data transmission opportunity if it is stationary or in a low mobility status. In another example, the WTRU may select a subset of PRACH and/or PUSCH resources in the target cell for small data transfer during handover]); and an indication that an amount of uplink data or a channel quality was the cause for the small data transmission procedure selection failure ([see, [0108], a WTRU may or may not select a specific transmission opportunity or linked resource based on the channel conditions]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide determine whether or not to transition to connected mode by using the SDT resource in an effective manner results improve enables transmitting the small data transmission over the uplink channel in response to the random access (RA) message or the configured grant (CG) in an efficient manner (D2, [0004]]). As per Claim 23, D1 and D2 disclose the terminal device of claim 18 , and D1 appears to be silent to the instant claim, and D2 further discloses further comprising means configured to: after failure in selecting small data transmission procedure of a first type, initiate small data transmission procedure of a second type for the uplink data transmission, and indicate the availability of the report in the transmission ([see, [0140, 0154-0156], After a WTRU determines that a collision has occurred, falling back to a four-step RA indication, and/or after a number of unsuccessful attempts for transmitting data payload part of two-step RA procedure]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide determine whether or not to transition to connected mode by using the SDT resource in an effective manner results improve enables transmitting the small data transmission over the uplink channel in response to the random access (RA) message or the configured grant (CG) in an efficient manner (D2, [0004]]). As per Claim 24, D1 and D2 disclose the terminal device of claim 18, and D1 further discloses further comprising means configured to: after failure in selecting small data transmission procedure of a first type, initiate or resume a radio resource control (RRC) connection, and indicate the availability of the report in the transmission ([see, [0059], and Fig. 2B, UE 202 may transmit an RRC resume request and/or UL data (e.g., small data) to base station 204 via a random-access procedure with 4-step RA type]). As per Claim 25, D1 and D2 disclose the terminal device of claim 17, and D1 further discloses wherein the small data transmission procedure type is of one of the following types: configured grant (CG) based small data transmission procedure, two-step random access small data transmission procedure, four-step random access small data transmission procedure ([see, [0083] The UL data transmission (e.g., SDT) configuration(s) may include one or more of a 4-step RACH configuration, a 2-step RACH configuration, a Configured Grant configuration]). As per Claim 26, D1 discloses a method for a terminal device ([see, [0057], in FIG. 2A, action 212 includes UE 202]) , comprising: determining a failure in selecting small data transmission procedure (selecting between the RA procedure with 2-step or 4-step RA type) for an uplink transmission ([see, [0060, 0065], the UE may perform determine a carrier selection before selecting between the RA procedure with 2-step or 4-step RA type for all uplink transmissions of the random-access procedure]); and transmitting, to a network device (base station 204) , a report ((beam/SSB) measurement report) comprising a small data transmission procedure type that the terminal device fails to select ([see, [0052-0057, 0169-0170], and Fig. 2A, wherein the UE 202 transmitting ACK/NACK information, (beam/SSB) measurement report, the UE may determine whether there is a valid/available UL resource for UL data transmission (e.g., SDT) in the RRC_INACTIVE state based on whether a specific procedure is triggered (or pending or ongoing)]). D1 doesn’t appear explicitly disclose: a reason for the small data transmission procedure selection failure. However, D2 discloses a reason for the small data transmission procedure selection failure ([see, [0106-0112], a WTRU may or may not select a specific transmission opportunity or linked resource several reasons, such as capable of performing a two-step RACH, and thus small data transmissions, support a maximum small data packet size and/or range of allowable packet sizes, and based on the WTRU's synchronization status with the network]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide determine whether or not to transition to connected mode by using the SDT resource in an effective manner results improve enables transmitting the small data transmission over the uplink channel in response to the random access (RA) message or the configured grant (CG) in an efficient manner (D2, [0004]]). As per Claim 27, D1 and D2 disclose the method of claim 26, and D1 further discloses further comprising: indicating the availability of the report to the network device ([see, [0100], determine that there is UL data available. If the BSR has been triggered, the UE may check whether there is any UL resource (e.g., PUSCH resource) available for (new) transmission]). As per Claim 28, D1 and D2 disclose the method of claim 26, and D1 further discloses further comprising: receiving a request from the network device to transmit the report ([see, [0061], Action 224 includes base station 204 transmitting a RAR (e.g., MSG 2) to UE 202, the RAR may contain information relating to a resource to be used by UE 202 in uplink or information relating to uplink transmission timing for UE 202]); and transmitting the report responsive to the request ([see, [0052-0057, 0062] Action 226 includes UE 202 transmitting an RRC resume request (e.g., MSG 3) using the uplink resource (e.g., PDSCH resource) provided by base station 204 via the RAR in action 224]). As per Claim 29, D1 and D2 disclose the method of claim 26, and D1 further discloses further comprising: transmitting the report to the network device after the terminal device has entered a radio resource control connected state ([see, [0083], wherein the UE is configured to support UL data transmission in an RRC_INACTIVE state, upon the UE receiving the UL data transmission configuration(s), the UE may enter an RRC_INACTIVE state]). As per Claim 30, D1 and D2 disclose the method of claim 26, and D1 further discloses further comprising: storing more than one report in a local data repository ([see, 0047], the UE may store the UE Inactive AS context (and any related configuration received from the network)]); and transmitting the more than one reports to the network device ([see, [0052-0057, 0169-0170], and Fig. 2A, wherein the UE 202 transmitting ACK/NACK information, (beam/SSB) measurement report, the UE may determine whether there is a valid/available UL resource for UL data transmission (e.g., SDT) in the RRC_INACTIVE state based on whether a specific procedure is triggered (or pending or ongoing) to the base station]). As per Claim 31, D1 and D2 disclose the method of claim 27, and D1 appears to be silent to the instant claim, and D2 further discloses further comprising: after failure in selecting small data transmission procedure of a first type, initiating small data transmission procedure of a second type for the uplink data transmission, and indicating the availability of the report in the transmission ([see, [0140, 0154-0156], After a WTRU determines that a collision has occurred, falling back to a four-step RA indication, and/or after a number of unsuccessful attempts for transmitting data payload part of two-step RA procedure]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide determine whether or not to transition to connected mode by using the SDT resource in an effective manner results improve enables transmitting the small data transmission over the uplink channel in response to the random access (RA) message or the configured grant (CG) in an efficient manner (D2, [0004]]). As per Claim 32, D1 and D2 disclose the method of claim 27, and D1 further discloses further comprising: after failure in selecting small data transmission procedure of a first type, initiating or resuming a radio resource control connection, and indicating the availability of the report in the transmission ([see, [0059], and Fig. 2B, UE 202 may transmit an RRC resume request and/or UL data (e.g., small data) to base station 204 via a random-access procedure with 4-step RA type]). As per Claim 33, D1 discloses a computer program comprising instructions for causing an apparatus ([see, [0057], in FIG. 2A, action 212 includes UE 202]) to perform at least the following: determine a failure in selecting small data transmission procedure (selecting between the RA procedure with 2-step or 4-step RA type) for an uplink transmission ([see, [0060, 0065], the UE may perform determine a carrier selection before selecting between the RA procedure with 2-step or 4-step RA type for all uplink transmissions of the random-access procedure]); and transmit to a network device (base station 204) , a report ((beam/SSB) measurement report) comprising a small data transmission procedure type that the terminal device fails to select ([see, [0052-0057, 0169-0170], and Fig. 2A, wherein the UE 202 transmitting ACK/NACK information, (beam/SSB) measurement report, the UE may determine whether there is a valid/available UL resource for UL data transmission (e.g., SDT) in the RRC_INACTIVE state based on whether a specific procedure is triggered (or pending or ongoing)]). D1 doesn’t appear explicitly disclose: a reason for the small data transmission procedure selection failure. However, D2 discloses a reason for the small data transmission procedure selection failure ([see, [0106-0112], a WTRU may or may not select a specific transmission opportunity or linked resource several reasons, such as capable of performing a two-step RACH, and thus small data transmissions, support a maximum small data packet size and/or range of allowable packet sizes, and based on the WTRU's synchronization status with the network]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide determine whether or not to transition to connected mode by using the SDT resource in an effective manner results improve enables transmitting the small data transmission over the uplink channel in response to the random access (RA) message or the configured grant (CG) in an efficient manner (D2, [0004]]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU BELETE whose telephone number is (571)272-3478. The examiner can normally be reached on Monday-Friday 7:30am-5pm, Alt. Friday, and EDT. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEONG, MOO R. can be reached on (571) 272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BERHANU D BELETE/ Examiner, Art Unit 2468 /WUTCHUNG CHU/Primary Examiner, Art Unit 2418 Application/Control Number: 18/840,790 Page 2 Art Unit: 2418 Application/Control Number: 18/840,790 Page 3 Art Unit: 2418 Application/Control Number: 18/840,790 Page 4 Art Unit: 2418 Application/Control Number: 18/840,790 Page 5 Art Unit: 2418 Application/Control Number: 18/840,790 Page 6 Art Unit: 2418 Application/Control Number: 18/840,790 Page 7 Art Unit: 2418 Application/Control Number: 18/840,790 Page 8 Art Unit: 2418 Application/Control Number: 18/840,790 Page 9 Art Unit: 2418 Application/Control Number: 18/840,790 Page 10 Art Unit: 2418 Application/Control Number: 18/840,790 Page 11 Art Unit: 2418 Application/Control Number: 18/840,790 Page 12 Art Unit: 2418 Application/Control Number: 18/840,790 Page 13 Art Unit: 2418 Application/Control Number: 18/840,790 Page 14 Art Unit: 2418 Application/Control Number: 18/840,790 Page 15 Art Unit: 2418
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