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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/19/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
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.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 1 recites a wireless communication apparatus comprising: a transmission control unit; a first wireless communication unit; a second wireless communication unit; and a transmission buffer.... These units can be software elements and transmission buffer is merely a software queue. Therefore, the apparatus being claimed is software per se which does not fall under any of the statutory categories defined under § 101. Software per se is not a useful process, a machine, a manufacture, or a composition of matter. Therefore claim 1 is directed towards non- statutory subject matter.
Claims 2-14 are depended on the rejected base claim 1, therefore rejected for the same rationale.
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.
Claims 1-2,13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ojha et al (us 2020/0213183) (hereinafter Ojha) in view of Schrum et al (us 2013/0114598) (hereinafter Schrum).
As regarding claim 1, Ojha discloses a transmission control unit that controls transmission of a packet using a plurality of communication channels (see Ojha 0033,0038, device communicate data using plurality of communication paths 180); a first wireless communication unit that transmits the packet by using a first communication channel (see Ojha 0033, 0038, wifi driver transmit data using path 180b); a second wireless communication unit that transmits the packet by using a second communication channel (see Ojha 0033,0038, cellular driver transmits data through path 180c); wherein in a case where a characteristic of the first communication channel deteriorates during transmission of the packet using the first communication channel, controls transmission of the read packet by using the second communication channel (see Ojha 0038, if wifi speed falls below a designated threshold, choose new LTE path to transmit data).
Ojha is silent in regard to the concept of a transmission buffer that temporarily accumulates the packet, the transmission control unit reads, from the transmission buffer, the packet of which transmission on the first communication channel is not completed.
Schrum teaches the concept of a transmission buffer that temporarily accumulates the packet (see Schrum 0027-0028, transmit packet buffer to store packets to be transmit by new route); the transmission control unit reads, from the transmission buffer, the packet of which transmission on the first communication channel is not completed (see Schrum 0033-0035, transmitting packets using sequence number and determine whether packets transmitted via old route should be duplicate on new route using sequence number of the packet to make sure improving the probability that the packet is successfully delivered to the destination to reduce packet delivery latency).
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Schrum to Ojha because they're analogous art. A person would have been motivated to modify Ojha with Schrum’s teaching for the purpose of improving the probability that the packet is successfully delivered to the destination to reduce packet delivery latency (see Schrum 0035).
As regarding claim 2, Ojha-Schrum discloses a packet monitoring unit that monitors a transmission status of the packet in the first wireless communication unit and the second wireless communication unit, wherein the transmission control unit reads, from the transmission buffer and on a basis of a transmission status of the packet, the packet of which transmission on the first communication channel has not yet been completed, and causes the second wireless communication unit to transmit the packet by using the second communication channel (see Schrum 0027, packets are stored in the transmission buffer to be transmitted on new route, Schrum 0033-0035 teaches transmitting packets using sequence number and determine whether packets transmitted via old route should be duplicate on new route using sequence number of the packet to make sure improving the probability that the packet is successfully delivered to the destination to reduce packet delivery latency).
As regarding claim 13, Ojha-Schrum discloses the first communication channel and the second communication channel are configured by a combination of communication channels of different cellular operator networks (see Ojha 0033, 0038, wifi network and cellular network).
As regarding claim 14, Ojha-Schrum discloses the wireless communication apparatus including one housing (see Ojha 0033,0038, client device in figure 1).
As regarding claim 15, the limitations of claim 15 are similar to limitations of rejected claim 1 above, therefore rejected for the same rationale.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ojha-Schrum as applied to claim 2 above and further in view of Fujishiro et al (us 2017/01351510) (hereinafter Fuji).
As regarding claim 3, Ojha-Schrum discloses the invention as claims in claim 1 above but silent in regard to the concept of the first wireless communication unit and the second wireless communication unit have wireless communication functions of a Packet Data Convergence Protocol (PDCP) layer, a Packet Data Convergence Protocol (RLC) layer, and a Packet Data Convergence Protocol (MAC) layer.
Fuji teaches the concept of the first wireless communication unit and the second wireless communication unit have wireless communication functions of a Packet Data Convergence Protocol (PDCP) layer, a Packet Data Convergence Protocol (RLC) layer, and a Packet Data Convergence Protocol (MAC) layer (see Fuji 0106-0109, send data to PDCP layer, RLC layer, MAC layer).
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Fuji to Ojha-Schrum because they're analogous art. A person would have been motivated to modify Ojha-Schrum with Fuji’s teaching for the purpose of providing efficiency, security and reliability when transfer data.
Claim 4-7 is rejected under 35 U.S.C. 103 as being unpatentable over Ojha-Schrum-Fuji as applied to claim 3 above and further in view of Shah (us 7,307,980).
As regarding claim 4, Ojha-Schrum-Fuji discloses the invention as claims in claim 3 above, however Ojha-Schrum-Fuji further discloses transmit the packet to the first wireless communication unit and the second wireless communication unit, respectively (see Ojha 0033, 0038, wifi driver transmit data using path 180b and cellular driver transmits data through path 180c).
Ojha-Schrum-Fuji is silent in regard to the concept of a first IP communication function unit and a second IP communication function unit that have a wireless communication function of an IP layer, add an IP header to the packet supplied from the transmission control unit.
Shah teaches the concept of a first IP communication function unit and a second IP communication function unit that have a wireless communication function of an IP layer, add an IP header to the packet supplied from the transmission control unit (see Shah col.4, lines 54-63, col.5, lines 63-65, append each packet of packets with headers information and transmit over the network).
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Shah to Ojha-Schrum-Fuji because they're analogous art. A person would have been motivated to modify Ojha-Schrum-Fuji with Schrum’s teaching for the purpose of ensure data integrity, facilitate secure transmission.
As regarding claim 5, Ojha-Schrum-Fuji-Shah discloses the packet monitoring unit holds status management data that manages a transmission status of the packet in the IP layer (see Schrum 0027, packets are stored in the transmission buffer to be transmitted on new route, Schrum 0033-0035 teaches transmitting packets using sequence number and determine whether packets transmitted via old route should be duplicate on new route using sequence number of the packet, it is obvious that the status of packet is manage so the device knows whether to send the same packet in the previous route via new route), the PDCP layer, and the RLC layer (see Fuji 0106-0109, send data to PDCP layer, RLC layer, MAC layer). The same motivation was utilized in claim 1 applied equally well to claim 5.
As regarding claim 6, Ojha-Schrum-Fuji-Shah discloses in the RLC layer, the first wireless communication unit and the second wireless communication unit have a first buffer in which the packet to be transmitted is accumulated, and a second buffer in which the packet that is failed to be transmitted and is to be re-transmitted is accumulated, respectively (see Schrum 0027, packets are stored in the transmission buffer to be transmitted on new route, Schrum 0033-0035 teaches transmitting packets using sequence number and determine whether packets transmitted via old route should be duplicate on new route using sequence number of the packet). The same motivation was utilized in claim 1 applied equally well to claim 6.
As regarding claim 7, Ojha-Schrum-Fuji-Shah discloses the MAC layer also, the status management data manages a transmission status of the packet (Schrum 0033-0035 teaches transmitting packets using sequence number and determine whether packets transmitted via old route should be duplicate on new route using sequence number of the packet, it is obvious that the status of packet is manage so the device knows whether to send the same packet in the previous route via new route, see Fuji 0106-0109, send data to PDCP layer, RLC layer, MAC layer). The same motivation was utilized in claims 1,3 applied equally well to claim 7.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ojha-Schrum as applied to claim 1 above and further in view of Radha (us 2017/0187778).
As regarding claim 8, Ojha-Schrum discloses the invention as claims in claim 1 above, however Ojha-Schrum is silent in regard to the concept of the packet includes the packet including data having high importance.
Radha teaches the concept of the packet includes the packet including data having high importance (see Radha 0038, priority data).
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Radha to Ojha-Schrum because they're analogous art. A person would have been motivated to modify Ojha-Schrum with Radha’s teaching for the purpose of providing faster and more consistent network speeds by ensuring data is processed during congestion.
As regarding claim 9, Ojha-Schrum-Radha discloses the transmission control unit does not accumulate the packet including data having low the importance in the transmission buffer (see Radha 0036, 0041, dropping algorithm to erase lower priority packet (i.e. does not accumulate packet with low priority) and preserve the high priority packet), and controls transmission of the packet using the first communication channel or the second communication channel (see Ojha 0033, 0038, wifi driver transmit data using path 180b and cellular driver transmits data through path 180c). The same motivation was utilized in claim 8 applied equally well to claim 9.
As regarding claim 10, Ojha-Schrum-Radha discloses the packet includes video data, and the data having high importance is an I-frame of the video data (see Radha 0010, high priority in I-frame). The same motivation was utilized in claim 8 applied equally well to claim 10.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ojha-Schrum as applied to claim 1 above and further in view of Kuang et al (us 2024/0187075) (hereinafter Kuang).
As regarding claim 11, Ojha-Schrum discloses the invention as claims in claim 1 above, however Ojha-Schrum further discloses the first communication channel and the second communication channel (see Ojha 0033, 0038, wifi driver transmit data using path 180b and cellular driver transmits data through path 180c).
Ojha-Schrum is silent in regard to the concept of combination of enhanced Mobile Broadband (eMBB) and Ultra-Reliable and Low Latency Communications (URLLC).
Kuang teaches the concept of combination of enhanced Mobile Broadband (eMBB) and Ultra-Reliable and Low Latency Communications (URLLC) (see Kuang 0025,0082, eMBB and URLLC).
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Kuang to Ojha-Schrum because they're analogous art. A person would have been motivated to modify Ojha-Schrum with Kuang’s teaching for the purpose of providing user experience by providing low latency, high reliability data transmission.
As regarding claim 12, Ojha-Schrum-Kuang discloses the first communication channel is the eMBB and the second communication channel is the URLLC (see Kuang 0025,0082, eMBB and URLLC). The same motivation was utilized in claim 11 applied equally well to claim 12.
Conclusion
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/DUYEN M DOAN/Primary Examiner, Art Unit 2459