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 .
Specification
The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
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. GB 2204125.5, filed on Feb. 10, 2023.
Claim Rejections - 35 USC § 103
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 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 1, 3-7, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Stauffer et al. (US 20200008152 A1), hereinafter Stauffer in view of Tsujimaru (US 20200343994 A1) .
Regarding claim 1 Stauffer teaches,
A method of managing a dual-connection from a user equipment to a first access point and one of a plurality of second access points in a wireless telecommunications network, wherein the user equipment is connected to the first access point, the method comprising: (Figure 2, label 206, paragraph 0038 – The user equipment (UE) is connected to a primary base station. Figure 2, labels 208, 212 – paragraph 0039-0041 – The UE is connected to two secondary base stations.)
[obtaining data] indicating a non-orthogonal multiple access (NOMA) scheme capability for one or more of the plurality of second access points; (paragraph 0039 – The secondary base station are able to communicate using the NOMA standard. Paragraph 0038 – “the user device 102 is receiving and aggregating a high-bandwidth of data. The receiving of high-bandwidth data is a result of connectivity between the user device 102 and a core network 202 via wireless link 204 connecting the user device 102 to multiple nodes supporting the core network 202”).
determining which of the plurality of second access points supports the NOMA scheme [from the obtained data]; (paragraph 0039 – Both of the secondary access points support the NOMA standard Paragraph 0039 - “High-bandwidth data exchange between the user device 102 and the core network 202 may be in accordance with one or more multi-connectivity technologies that include transmitting multiple data streams in accordance with orthogonal multiple access (OMA) transmission protocols, non-orthogonal multiple access (NOMA) transmission protocols, as part of an air interface bandwidth part (BWP), or the like.”)
selecting one of the determined second access points supporting the NOMA scheme; and (Figure 2, labels 208, 210, 212, 214, paragraph 0041 – Based on the power-condition manager a deactivation massage can be transmitted to one of the secondary base station therefore selecting the secondary base station for use.)
causing the user equipment to connect to the selected second access point using the NOMA scheme. (paragraph 0039 – The access point of the secondary base station can use the NOMA transmission protocol and communicates with the UE.)
Stauffer fails to teach,
Obtaining the data to indicate the NOMA scheme.
Tsujimaru teaches,
Obtaining the data to indicate the NOMA scheme. (Figure 5, labels S504, S505, paragraphs 0036, 0037 – The AP (base station) receives a request from the STA (UE) for using NOMA capability information. This information is used to setup the NOMA scheme and verify capability and a response is generated by the base station.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stauffer to incorporate the data indication teachings of Tsujimaru. The purpose of doing so is to determine whether the base station and UE can be used in a NOMA configuration based on the transmitted data (paragraph 0034, Tsujimaru)
Regarding claim 3, Stauffer teaches,
The method as claimed in claim 1, wherein the NOMA scheme is for uplink traffic. (paragraph 0047 – “The base station 106 allocates portions of the air-interface resource 302 for uplink and downlink communications associated with the wireless link 104.”)
Regarding claim 4, Stauffer teaches,
The method as claimed in claim 1, wherein the user equipment is connected to the first access point using an orthogonal multiple access scheme. (paragraph 0039 – ‘High-bandwidth data exchange between the user device 102 and the core network 202 may be in accordance with one or more multi-connectivity technologies that include transmitting multiple data streams in accordance with orthogonal multiple access (OMA) transmission protocols,”)
Regarding claim 5, Stauffer teaches,
The method as claimed in claim 1, wherein the user equipment is connected to the first access point as a master node and connects to the second access point as a secondary node. (Figure 2, label 206, paragraph 0038 – The user equipment (UE) is connected to a primary base station. paragraph 0039 – The secondary base station(s) are able to communicate using the NOMA standard. The secondary base station is considered a secondary node.)
Regarding claim 6, Stauffer fails to teach,
The method as claimed in claim 1, where the data indicating the NOMA scheme capability for one or more of the plurality of second access points is obtained in response to a request for the data from the first access point.
Tsujimaru teaches,
The method as claimed in claim 1, where the data indicating the NOMA scheme capability for one or more of the plurality of second access points is obtained in response to a request for the data from the first access point. (Figure 5, labels S504, S505, paragraphs 0036, 0037 – The AP (base station) receives a request from the STA (UE) for using NOMA capability information. This information is used to setup the NOMA scheme and verify capability and a response is generated by the base station.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stauffer to incorporate the data indication teachings of Tsujimaru. The purpose of doing so is to determine whether the base station and UE can be used in a NOMA configuration based on the transmitted data (paragraph 0034, Tsujimaru)
Regarding claim 7, Stauffer fails to teach,
The method as claimed in claim 1, where the data indicating the NOMA scheme capability for one or more of the plurality of second access points is sent by one or more of the second access points when the one or more second access points has free NOMA processing capacity.
Tsujimaru teaches,
The method as claimed in claim 1, where the data indicating the NOMA scheme capability for one or more of the plurality of second access points is sent by one or more of the second access points when the one or more second access points has free NOMA processing capacity. (Figure 4, labels 401, 402, 403, Paragraphs 0033-0038 – It is indicated in the flow diagram of figure 4 whether NOMA can be used to transmit and receive data based on the NOMA capability information of the transmitter. the device would need to have available NOMA processing capacity or be configured to process NOMA messages to accept NOMA transmission.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stauffer to incorporate the processing capacity of NOMA teachings of Tsujimaru. The purpose of doing so is to determine whether the base station and UE can be used in a NOMA configuration based on the transmitted data (paragraph 0034, Tsujimaru)
Regarding claim 9, Stauffer teaches,
An access point for managing a dual-connection between a user equipment and the access point and one of a plurality of second access points in a wireless telecommunications network, wherein the user equipment is connected to the access point, and the access point is adapted in operation to: (Figure 2, label 206, paragraph 0038 – The user equipment (UE) is connected to a primary base station. Figure 2, labels 208, 212 – paragraph 0039-0041 – The UE is connected to two secondary base stations.)
[obtain data] indicating a non-orthogonal multiple access (NOMA) scheme capability for one or more of the plurality of second access points; (paragraph 0039 – The secondary base station are able to communicate using the NOMA standard. Paragraph 0038 – “the user device 102 is receiving and aggregating a high-bandwidth of data. The receiving of high-bandwidth data is a result of connectivity between the user device 102 and a core network 202 via wireless link 204 connecting the user device 102 to multiple nodes supporting the core network 202”).
determine which of the plurality of second access points supports the NOMA scheme [from the obtained data]; (paragraph 0039 – Both of the secondary access points support the NOMA standard Paragraph 0039 - “High-bandwidth data exchange between the user device 102 and the core network 202 may be in accordance with one or more multi-connectivity technologies that include transmitting multiple data streams in accordance with orthogonal multiple access (OMA) transmission protocols, non-orthogonal multiple access (NOMA) transmission protocols, as part of an air interface bandwidth part (BWP), or the like.”)
select one of the determined second access points supporting the NOMA scheme; and (Figure 2, labels 208, 210, 212, 214, paragraph 0041 – Based on the power-condition manager a deactivation massage can be transmitted to one of the secondary base station therefore selecting the secondary base station for use.)
cause the user equipment to connect to the selected second access point using the NOMA scheme. (paragraph 0039 – The access point of the secondary base station can use the NOMA transmission protocol and communicates with the UE.)
Stauffer fails to teach,
obtain the data to indicate the NOMA scheme.
Tsujimaru teaches,
obtain the data to indicate the NOMA scheme. (Figure 5, labels S504, S505, paragraphs 0036, 0037 – The AP (base station) receives a request from the STA (UE) for using NOMA capability information. This information is used to setup the NOMA scheme and verify capability and a response is generated by the base station.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stauffer to incorporate the data indication teachings of Tsujimaru. The purpose of doing so is to determine whether the base station and UE can be used in a NOMA configuration based on the transmitted data (paragraph 0034, Tsujimaru)
Claims 2 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Stauffer-Tsujimaru in view of Finkelstein (US 20220264576 A1)
Regarding claim 2, Stauffer-Tsujimaru fails to teach,
The method as claimed in claim 1, wherein the NOMA scheme is a power-domain NOMA scheme.
Finkelstein teaches,
The method as claimed in claim 1, wherein the NOMA scheme is a power-domain NOMA scheme. (paragraph 0014 – NOMA is a power-domain scheme.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stauffer-Tsujimaru to incorporate the power domain teachings of Finkelstein. The purpose of doing so is to allow for continuous power domain requests (paragraphs 0012, 0013 Finkelstein).
Claims 8 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Stauffer-Tsujimaru in view of Ren et al. (US 20180234948 A1), hereinafter Ren.
Regarding claim 8, Stauffer-Tsujimaru fails to teach,
The method as claimed in claim 1, where the data indicating the NOMA scheme capability for one or more of the plurality of second access points is sent by one or more of the second access points periodically.
Ren teaches,
The method as claimed in claim 1, where the data indicating the NOMA scheme capability for one or more of the plurality of second access points is sent by one or more of the second access points periodically. (Figure 1, labels 110, 120, paragraph 0016 – The pilot activation detection module perofrms periodic transmission block updates until a condition is met. The transmissions of the data are performed on a second terminal set.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Stauffer-Tsujimaru to incorporate the periodic sending of access point data teachings of Ren. The purpose of doing so is to rely on a threshold being met before connecting to a NOMA terminal. (paragraphs 0009, 0010, Ren)
Conclusion
US 20200396698 A1, discussion of uplink transmission, power domain NOM, second transmission (paragraph 0076, 0078), grouping of transmissions based on received power (paragraph 0079)
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/RYAN CRIGLER/Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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