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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/27/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. IN202241023726 filed on 04/22/2022.
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.
Claims 7 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Claim(s) 7 and 9 recite “a number of slots per each UL slot“. Based on the language on the language of claim(s) 1 and 20, it is unclear to the Examiner what “each UL slot” correspond to. For example, is “each UL slot” corresponding to “a number of slots” ? or is “each UL slot” corresponding to a new set of slots?
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-7, 11-12, 16-22, 24, and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghomieh (US 20150124605 A1), hereinafter Ghomieh.
Regarding to claim 1,
Ghomieh teaches an apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to: determine a scheduling request (SR) lead time within an uplink (UL) burst period; determine a burst duration based on the UL burst period and the determined SR lead time; and estimate an UL throughput within a window including the UL burst period based on the determined burst duration (fig. 8 and fig. 9; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period; [0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty) .
Regarding to claim 2,
Gholmieh teaches the apparatus of claim 1,
Gholmieh further teaches a transceiver coupled to the at least one processor, wherein the at least one processor is further configured to communicate, using the transceiver, with a network entity in UL based on the estimated UL throughput (fig. 7).
Regarding to claim 3,
Gholmieh teaches the apparatus of claim 1,
Gholmieh further teaches wherein, to estimate the UL throughput based on the burst duration, the at least one processor is configured to: determine an observed bit rate based on UL transmissions of the UE; and estimate the UL throughput based on the determined observed bit rate over the burst duration. (fig. 8 and fig. 9; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period. [0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty).
Regarding to claim 4,
Gholmieh teaches the apparatus of claim 1,
Gholmieh further teaches wherein the UL burst period is a time period between when data is first available in a buffer at the UE for UL transmission where previously there is no data in the buffer and when the data is completely transmitted from the buffer resulting in no data in the buffer (fig. 8 and fig. 9; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period. [0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty).
Regarding to claim 5,
Gholmieh teaches the apparatus of claim 1,
Gholmieh further teaches wherein the SR lead time is determined based on a time period between when data is first available in a buffer at the UE for UL transmission where previously there is no data in the buffer before the SR is transmitted and when a first physical UL shared channel (PUSCH) based on an UL grant is transmitted subsequent to transmitting the SR and receiving the UL grant based on the transmitted SR (fig. 8 and fig. 9; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period. … [0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty).
Regarding to claim 6,
Gholmieh teaches the apparatus of claim 5,
Gholmieh further wherein the burst duration is determined based on the UL burst period excluding the determined SR lead time (fig. 8 and fig. 9; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period.) and ([0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty).
Regarding to claim 7,
Gholmieh teaches the apparatus of claim 6,
Gholmieh further teaches wherein the burst duration is determined to be a maximum of (A) the UL burst period excluding the determined SR lead time, and (B) a number of slots per each UL slot (fig. 8 and fig. 9; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period.) and ([0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty. … [0037 ] The UE may transmit only data or both data and control information in a physical UL shared channel (PUSCH) on the assigned resource blocks in the data section. A UL transmission may span both slots of a subframe and may hop across frequency).
Regarding to claim 11,
Gholmieh teaches the apparatus of claim 1,
Ghomieh further teaches wherein the determined burst duration is a previous burst duration and the estimated UL throughput is a previously estimated UL throughput, wherein the at least one processor is further configured to estimate a current UL throughput based on the previously estimated UL throughput, previous estimated UL channel bit rate, and current estimated UL channel bit rate (fig. 11).
Regarding to claim 12,
Gholmieh teaches the apparatus of claim 11,
Ghomieh further teaches wherein the previous estimated UL channel bit rate and the current estimated UL channel bit rate are based on at least one of a reference signal received power (RSRP), a reference signal received quality (RSRQ), a signal to noise ratio (SNR), a signal to interference plus noise ratio (SINR), a path loss, multiple-input and multiple-output (MIMO) layers, number of component carriers (CCs), a scheduling rate, a bandwidth, a traffic type, or a power headroom report ([0083] The maximum rate corresponds to a measure of the maximum bit rate available to the UE under current radio conditions, e.g., transmission and power headroom (PHR) conditions).
Regarding to claim 16,
Gholmieh teaches the apparatus of claim 11,
Gholmieh further teaches wherein the at least one processor is further configured to optimize configurable variables for estimating the current UL throughput based on a difference between the current UL throughput and a base UL throughput (fig. 11 ).
Regarding to claim 17,
Gholmieh teaches the apparatus of claim 16,
Gholmieh further teaches wherein the configurable variables include at least one of a window length of the window α for adjusting the window when estimating additional UL throughputs, a linear coefficient for estimating the UL throughput, a filter coefficient for estimating the UL throughput based on the previously estimated UL throughput, or a burst duration threshold associated with the window (fig. 11).
Regarding to claim 18,
Gholmieh teaches the apparatus of claim 11,
Gholmieh further teaches wherein the previous estimated UL channel bit rate and the current estimated UL channel bit rate are one of an estimated UL capacity or an estimated UL spectral efficiency. ([0007] estimates available uplink throughput for future uplink transmissions of the UE as a function of the observed bit rate).
Claim(s) [19-22, 24 and 28 ] (method at UE), [29 ] (apparatus at UE), [30 ] (computer-readable medium at UE) is/are rejected under the same reasoning as claim(s) [1-3, 5, 11 and 16] (apparatus at UE) , Where Gholmieh teaches both device and method (abstract, [0115]).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 8-10 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gholmieh in view of Manssour (US 20130230019 A1), hereinafter Manssour.
Regarding to claim 8,
Gholmieh teaches the apparatus of claim 5,
Gholmieh further teaches wherein the determined SR lead time is an average SR lead time, and the burst duration is determined based on the UL burst period excluding the determined average SR lead time (fig. 8 and fig. 9 and fig. 11; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period. [0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty, ) . and ([0037 ] The UE may transmit only data or both data and control information in a physical UL shared channel (PUSCH) on the assigned resource blocks in the data section. A UL transmission may span both slots of a subframe and may hop across frequency.) (not really define lead-time , so this SR lead time should be a time associated / corresponding to SR ... )
Gholmieh does not explicitly teach an average SR lead time.
Manssour teaches an average SR lead time ([0034] An average burst period may be computed, and when bits have been delayed and the incoming traffic burst seems to be larger than the average burst length, it may be advantageous to decrease the second threshold so that the delaying of delay tolerant bits is stopped. Otherwise there may be a risk to create a too large backlog of data for transmission).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Manssour to the teaching of Gholmieh. The motivation for such an addition would be to prevent backlog of data for transmission ([0034] Manssour).
Regarding to claim 9,
Gholmieh and Manssour teaches the apparatus of claim 8,
Gholmieh further teaches wherein the burst duration is determined to be a maximum of (A) the UL burst period excluding the determined average SR lead time, and (B) a number of slots per each UL slot (fig. 8 and fig. 9; [0052] the uplink throughput estimation is a function of an observed bit rate (OBR) derived based on past scheduled uplink transmission grants to the UE ... [0060] OBR is based on past scheduled uplink transmission grants. ... The uplink transmission grants 802 within the time period ti are collectively referred to as a "burst" 804 of uplink transmission grants and the time period ti is referred to as a "burst period" 806. The burst period ti 806 may be part of a longer time period T (not shown), referred to as an observation period. [0070] burst periods, the start and end of a burst period may be based on communication events that may occur while the UE is in a connected mode.... 6) the reception of an uplink grant, 7) the presence of data in the uplink transmission buffer, or 8) the beginning of an observation period T when the UE outgoing data buffer is not empty... With respect to observation periods, these periods are repeated periodically back to back, meaning that a next observation period begins when the previous observation period expires. A first observation period in a series of back-to-back observation periods starts when the rate estimation starts, either when triggered by the upper layers or at the beginning of the RRC connection.... [0071] first burst period during an observation period starts at the earliest of the foregoing communication events 1), 2), 3), 4), 5) or 6) ... the burst periods ti may end when ... 1) the UE no longer has data to transmit, such as when the UE buffer is empty. [0037 ] The UE may transmit only data or both data and control information in a physical UL shared channel (PUSCH) on the assigned resource blocks in the data section. A UL transmission may span both slots of a subframe and may hop across frequency).
Regarding to claim 10,
Gholmieh and Manssour teaches the apparatus of claim 8,
Gholmieh further teaches wherein the average SR lead time is an average time period that the UE waits to send the SR that depends on an SR periodicity and an average delay for the UE to transmit a first PUSCH as a result of the UL grant that the UE receives after sending the SR (fig 11).
Claim(s) [23 ] (method at UE) is/are rejected under the same reasoning as claim(s) [10] (apparatus at UE), where Gholmieh teaches both device and method (abstract, [0115]).
Claim(s) 13, 15, 25 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gholmieh in view of Lang (us-20210065790), hereinafter Lang.
Regarding to claim 13,
Gholmieh teaches the apparatus of claim 11,
Gholmieh further teaches wherein the current UL throughput is estimated based on the previously estimated UL throughput, the previous estimated UL channel bit rate, and the current estimated UL channel bit rate based at least on a current burst duration within a current window being... equal to ... of a window length of the window and the current window (fig. 11).
Ghomieh does not explicitly teach within a current window being less than or equal to a threshold percentage of a window length of the window and the current window.
Lang teaches within a current window being less than or equal to a threshold percentage of a window length of the window and the current window ([0069] determines that the difference between the set of bit error rates and the previously measured set of bit error rates does satisfy the threshold condition (e.g., the percentage difference between the E2 RBER and a previously measured E2 RBER satisfies the E2 RBER threshold percentage and the percentage difference between the E3 RBER and a previously measured E3 RBER satisfies the E3 RBER threshold percentage).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Lang to the teaching of Gholmieh. The motivation for such an addition would be to improved reliability of a memory device during its early operating life ([0019] Lang).
Regarding to claim 15,
Gholmieh and Lang teaches the apparatus of claim 13,
Gholmieh further teaches wherein the current UL throughput is estimated based on the previously estimated UL throughput, the previous estimated UL channel bit rate, and the current estimated UL channel bit rate (fig. 11).
Gholmieh does not explicitly teach when both the current burst duration within the current window is less than or equal to the threshold percentage of the window length and a number of windows between the current window and a previous window is less than a threshold number of windows.
Lang teaches when both the current burst duration within the current window is less than or equal to the threshold percentage of the window length and a number of windows between the current window and a previous window is less than a threshold number of windows ([0069] determines that the difference between the set of bit error rates and the previously measured set of bit error rates does satisfy the threshold condition (e.g., the percentage difference between the E2 RBER and a previously measured E2 RBER satisfies the E2 RBER threshold percentage and the percentage difference between the E3 RBER and a previously measured E3 RBER satisfies the E3 RBER threshold percentage).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Lang to the teaching of Gholmieh. The motivation for such an addition would be to improved reliability of a memory device during its early operating life ([0019] Lang).
Claim(s) [25 and 27] (method at UE) is/are rejected under the same reasoning as claim(s) [13 and 15] (apparatus at UE), where Gholmieh teaches both device and method (abstract, [0115]).
Allowable Subject Matter
Claim 14 and 26 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art, Gholmieh teaches the apparatus of claim 13 and the method of claim 25
None of the prior art teach or fairly suggest the limitations of “wherein the current UL throughput is estimated to be R2 = R1*c2/c1, where R2 is the estimated current UL throughput, R1 is the previously estimated UL throughput, c2 is the current estimated UL channel bit rate, and c1 is the previous estimated UL channel bit rate, and wherein the current window is associated with the estimated current UL throughput, and the window is a previous window associated with the previously estimated UL throughput, the previous window having the burst duration that exceeds a burst duration threshold” , in combination with the other limitation of Claim(s) 14 and 26. Although the other limitations are used in the art, none of the prior art of record teach or provide motivation to combine to reach a similar result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN T NGUYEN whose telephone number is (571)272-6178. The examiner can normally be reached 8:00 AM - 5:00 PM (EST). 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, Ayman A Abaza can be reached at (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VAN TA NGUYEN/Examiner, Art Unit 2465
/AYMAN A ABAZA/Primary Examiner, Art Unit 2465
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