DETAILED ACTION
Notice of 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 .
Response to Arguments
Applicant's arguments filed 04/13/2026 have been fully considered.
Applicant argues that the previous 112(b) are overcome by the amendments. In response to the argument, Examiner respectfully agrees. However, the amendments introduce a new 112(b) rejection. See details below.
Applicant argues that the amendment “MBSInterestIndication message including the result of the QoE measurement in case that the terminal is in a RRC connected state and the terminal meets a triggering condition for reporting the result, wherein the MBSBroadcastConfiguration message broadcast from the base station includes the triggering condition for reporting the result, and wherein the triggering condition for reporting the result includes that a number of QoE results or a size of data transmitted by the terminal during a period is less than or equal to a threshold value.” is not taught by the prior art of record.
In response to the argument, Examiner respectfully agrees. The amendments to the claims change the scope of the invention. An updated search was conducted and a prior art was discovered to read on these limitations: US 2024/0137294 Al (Choi)
Please see updated rejection below:
Claim(s) 1, 3, 5, 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0137294 Al (Choi)
Claim(s) 1, 3, 5, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0038934 Al (Kumar934) in view of US 2024/0137294 Al (Choi)
Examiner’s Comment: Contingent limitations
Examiner attempted to contact Applicant’s representative to discuss the following:
The limitation “and transmitting, to the base station, a MBSInterestIndication message including a result of the QoE measurement in case that the terminal is in a RRC connected state and the terminal meets a triggering condition for reporting the result” is a contingent limitation and is not required in method claims. Therefore, any limitations which refers to “MBSInterestIndication message” are not required to be met. See MPEP 2111.04, II.
Please note that dependent claims 3, 7 have a limitation that is not required to be met.
Please note that claims 9, 13 are not method claims and the contingent limitation is required.
Claim Rejections - 35 USC § 112
Claim(s) 1, 3, 5, 7, 9, 11, 13, 15 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted step is: determining if the terminal is RRC connected and meets a triggering condition for reporting the result. Claim 1 recites “transmitting, to the base station, a MBSInterestIndication message including a result of the QoE measurement in case that the terminal is in a RRC connected state and the terminal meets a triggering condition for reporting the result”. This renders the claim unclear as an essential step is missing for determining if a terminal is in a RRC connected state and meets the triggering condition for reporting the result.
This same rejection applies to Claims 5, 9, 13.
All dependents are also rejected as having the same deficiencies as those claims from which they depend.
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.
Claim(s) 1, 3, 5, 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0137294 Al (Choi).
Regarding Claim 1:
Choi teaches A method performed by a terminal in a wireless communication system (Fig 1, Remote unit(s) 105, RAN 120), the method comprising:
receiving, from a base station, a MBSBroadcastConfiguration message including quality of experience (QoE) configuration information, ([0106] At Step 1b, in accordance with the received QoE measurement configuration from OAM, the 5GC 209 activates the QoE measurement configuration for a qualified UE and sends to the RAN node 207 an "Activate QoE measurement" message including the QoE measurement configurations for both service types (see messaging 515). [0109] At Step 3, the RAN node 207 sends to the qualified UE AS 503 a DL RRC message for setting up QoE measurements, such as the MeasConfigAppLayerControl message or RRCReconfiguration message (see messaging 519).) wherein the terminal is in a radio resource control (RRC) idle state or a RRC inactive state; ([0042] Regarding support for Mobility, QoE measurements may be supported in RRC_CONNECTED for all targeted service types and in addition for MBS in RRC IDLE and RRC INACTIVE state.)
performing a QoE measurement, based on the QoE configuration information; ([0113] Fig 5, At Step 5, the UE AL 505 starts QoE measurement collection in accordance with the received QoE measurement configurations, i.e., with Index #0 and #1 (see block 523).)
storing a result of the QoE measurement; ([0140] Step 7 may be performed by the UE AS 503 instead of the UE AL 505. In this embodiment, the UE AL 505 would send the collected QoE measurement results for configuration #1 to the UE AS 503 after step 4, and the UE AS 503 (temporarily) stores the received QoE measurement report #1 until it receives the resume indication from the RAN node 207.)
wherein the MBSBroadcastConfiguration message broadcast from the base station includes the triggering condition for reporting the result, ([0079] In order to support QoE measurement collection in NR RAN, RRC messages are described that can used for configuration, reporting, pausing, and resuming of QoE measurements in NR RAN. [0083] For QMC activation/setup, a MeasConfigAppLayerControl message (or other suitable DL RRC message) may contain a list of (e.g., one or multiple) QoE measurement configurations to setup.)
and wherein the triggering condition for reporting the result includes that a number of QoE results or a size of data received from the terminal during a period is less than or equal to a threshold value. ([0092] For each entry in the list of QoE measurement reporting to pause, the following sub-parameters may be signaled: … 3) A parameter "reportOnPause" to indicate whether the UE is to stop reporting of the QoE measurement immediately (e.g., indicated using value "none") or continue reporting in accordance with a threshold value (e.g. , indicated using value "threshold"). For the latter case, if the threshold is set to e.g., 500 Bytes (value "byte500") and if the size of collected QoE measurements are below or equal to this threshold then the UE is to continue reporting of the QoE measurements, otherwise the UE is to stop reporting.)
Regarding Claim 5:
Choi teaches A method performed by a base station in a wireless communication system (Fig 1, Base Unit 121, RAN 120), the method comprising:
transmitting, to a terminal which is in a radio resource control (RRC) idle state or a RRC inactive state, ([0042] Regarding support for Mobility, QoE measurements may be supported in RRC_CONNECTED for all targeted service types and in addition for MBS in RRC IDLE and RRC INACTIVE state.) a MBSBroadcastConfiguration message including quality of experience configuration (QoE) information; ([0105] … at Step 1a, the OAM entity 501 sends a "Configure QoE measurement" message to the 5GC 209 (see messaging 513). [0106] … the 5GC 209 sends to the RAN node 207 an "Activate QoE measurement" message including the QoE measurement configurations. [0109] At Step 3, the RAN node 207 sends to the qualified UE AS 503 a DL RRC message for setting up QoE measurements, such as the MeasConfigAppLayerControl message or RRCReconfiguration message (see messaging 519).)
wherein the MBSBroadcastConfiguration message broadcast from the base station includes the triggering condition for reporting the result, ([0079] In order to support QoE measurement collection in NR RAN, RRC messages are described that can used for configuration, reporting, pausing, and resuming of QoE measurements in NR RAN. [0083] For QMC activation/setup, a MeasConfigAppLayerControl message (or other suitable DL RRC message) may contain a list of (e.g., one or multiple) QoE measurement configurations to setup.)
and wherein the triggering condition for reporting the result includes that a number of QoE results or a size of data received from the terminal during a period is less than or equal to a threshold value. ([0092] For each entry in the list of QoE measurement reporting to pause, the following sub-parameters may be signaled: … 3) A parameter "reportOnPause" to indicate whether the UE is to stop reporting of the QoE measurement immediately (e.g., indicated using value "none") or continue reporting in accordance with a threshold value (e.g. , indicated using value "threshold"). For the latter case, if the threshold is set to e.g., 500 Bytes (value "byte500") and if the size of collected QoE measurements are below or equal to this threshold then the UE is to continue reporting of the QoE measurements, otherwise the UE is to stop reporting.)
Regarding Claims 3, 7:
Choi teaches on the inventions of claims 1, 5 as described.
Choi teaches wherein the MBSBroadcastConfiguration message further includes information on at least one multicast/broadcast service (MBS) broadcast session of a plurality of MBS sessions, ([0084] For each entry in the list of QoE measurement configurations to setup, the following sub-parameters may be signaled: … 3) A service type "serviceType" to indicate the type of QoE measurement configuration. Possible values of the subparameter "serviceType" include "qoestrmg" (i.e., for streaming services), "qoemtsi" (i.e., for MTSI), "qoevr" (i.e., for VR services), "qoembs" (i.e., for MBS), and "qoeurllc" (i.e., for URLLC services).)
wherein each MBS broadcast session of the plurality of MBS sessions includes different QoE configuration information, ([0053] The remote unit 105 may have at least one PDU session for communicating with the packet data network 150. The remote unit 105 may establish additional PDU sessions for communicating with other data networks and/or other communication peers.)
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.
Claim(s) 1, 3, 5, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0038934 Al (Kumar934) in view of US 2024/0137294 Al (Choi).
Regarding Claim 1:
Kumar934 teaches A method performed by a terminal (Fig 2, UE 205) in a wireless communication system (Fig 2, system 200), the method comprising:
receiving, from a base station, a MBSBroadcastConfiguration message including quality of experience (QoE) configuration information, (Figs 6-8 show the serving base station transmitting the QoE configuration to the UE. [0026] transmitting a measurement request to the UE indicating the QoE variables to include in the set of QoE variables, where the measurement report indicating the set of QoE variables may be received in response to the measurement request. [0028] transmitting a resource status request to a set of target base stations including the target base station indicated in the measurement report, the resource status request indicating a QoE constraint of the UE and the set of QoE variables of the UE, receiving a resource status response from the target base station indicating support of the QoE constraint of the UE, and transmitting, based on the resource status response, a connection reconfiguration message to the UE identifying the target base station to perform the handover procedure to establish the new communication link. [0104] UE 205 may have performed an access procedure with base station 210 to establish the communication link, with base station 210 being the serving base station of UE 205.)
performing a QoE measurement, based on the QoE configuration information; ([0105] QoE variables may be measured, observed, identified, or otherwise obtained at the application layer of UE 205. The QoE variables may generally correspond to variables indicative of the quality of the overall user experience at the application layer. In some aspects, the QoE variables may capture an average application layer QoE performance (e.g., the QoE measurements).)
storing a result (ie. within a measurement report) of the QoE measurement; ([0055] The UE may transmit or otherwise provide a measurement report to its serving base station indicating information associated with the set of QoE variables in addition to the set up RRM variables. In some aspects, the UE may transmit the measurement report in a multi-layer readable format, e.g., in a format readable by the application layer and the access stratum of the UE and RAN.)
wherein the MBSBroadcastConfiguration message broadcast from the base station includes the triggering condition for reporting the result, ([0101] A base station 105 (e.g., when the base station 105 is a serving base station of a UE 115) may establish a communication link with a UE 115. [0100] Service types: … Multicast Broadcast Services (MBS). [0125] base station 210 may transmit a configuration signal (e.g., a measurement request) indicating which QoE variables that UE 205 is to measure and report to base station 210.)
and ([0110] The UE 205 may have a QoE constraint. Broadly, the QoE constraint of UE 205 may correspond to a requested QoE variable satisfying a particular threshold. For example, a QoE constraint may include a QoE capability of providing large amounts of data streamed for a certain time period. The QoE measurements can demonstrates whether the QoE constraints of UE 205 are satisfied.)
Kumar teaches on a MBS broadcast configuration message which includes an indication of QoE variables to report ([0125]). However, Kumar is silent on wherein the terminal is in a radio resource control (RRC) idle state or a RRC inactive state and wherein the triggering condition for reporting the result includes that a number of QoE results or a size of data transmitted by the terminal during a period is less than or equal to a threshold value.
Choi teaches, in the same field of endeavor, on systems for collecting quality of experience (QoE) measurements., Abstract.
Choi teaches wherein the terminal is in a radio resource control (RRC) idle state or a RRC inactive state, ([0042] Regarding support for Mobility, QoE measurements may be supported in RRC_CONNECTED for all targeted service types and in addition for MBS in RRC IDLE and RRC INACTIVE state.)
and wherein the triggering condition for reporting the result includes that a number of QoE results or a size of data transmitted by the terminal during a period is less than or equal to a threshold value. ([0092] For each entry in the list of QoE measurement reporting to pause, the following sub-parameters may be signaled: … 3) A parameter "reportOnPause" to indicate whether the UE is to stop reporting of the QoE measurement immediately (e.g., indicated using value "none") or continue reporting in accordance with a threshold value (e.g. , indicated using value "threshold"). For the latter case, if the threshold is set to e.g., 500 Bytes (value "byte500") and if the size of collected QoE measurements are below or equal to this threshold then the UE is to continue reporting of the QoE measurements, otherwise the UE is to stop reporting.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Kumar per Choi to include wherein a message broadcast from the base station includes the triggering condition for reporting the result. It would have been advantageous as discussed above, as it would allow the modified system to provide additional constraints included in the configuration message, allowing for customization of reporting based on UE and Base Station capabilities.
Regarding Claim 5:
A method performed by a base station in a wireless communication system (Fig 2, System 200, [0118] neighboring base stations, 210 215, 220), the method comprising:
transmitting, to a terminal (Figs 6-8 show the serving base station transmitting the QoE configuration to the UE. [0026] transmitting a measurement request to the UE indicating the QoE variables to include in the set of QoE variables, where the measurement report indicating the set of QoE variables may be received in response to the measurement request. [0028] transmitting a resource status request to a set of target base stations including the target base station indicated in the measurement report, the resource status request indicating a QoE constraint of the UE and the set of QoE variables of the UE, receiving a resource status response from the target base station indicating support of the QoE constraint of the UE, and transmitting, based on the resource status response, a connection reconfiguration message to the UE identifying the target base station to perform the handover procedure to establish the new communication link. [0104] UE 205 may have performed an access procedure with base station 210 to establish the communication link, with base station 210 being the serving base station of UE 205.)
wherein the MBSBroadcastConfiguration message broadcast from the base station includes the triggering condition for reporting the result, ([0101] A base station 105 (e.g., when the base station 105 is a serving base station of a UE 115) may establish a communication link with a UE 115. [0100] Service types: … Multicast Broadcast Services (MBS). [0125] base station 210 may transmit a configuration signal (e.g., a measurement request) indicating which QoE variables that UE 205 is to measure and report to base station 210.)
and ([0110] In some aspects UE 205 may have a QoE constraint. Broadly, the QoE constraint of UE 205 may correspond to a requested QoE variable satisfying a particular threshold. For example, a QoE constraint may include a QoE capability of providing large amounts of data streamed for a certain time period. The QoE measurements can demonstrates whether the QoE constraints of UE 205 are satisfied.)
Kumar teaches on a MBS broadcast configuration message which includes an indication of QoE variables to report ([0125]). However, Kumar is silent on a terminal which is in a radio resource control (RRC) idle state or a RRC inactive state and wherein the triggering condition for reporting the result includes that a number of QoE results or a size of data transmitted by the terminal during a period is less than or equal to a threshold value.
Choi teaches wherein the terminal is in a radio resource control (RRC) idle state or a RRC inactive state, ([0042] Regarding support for Mobility, QoE measurements may be supported in RRC_CONNECTED for all targeted service types and in addition for MBS in RRC IDLE and RRC INACTIVE state. )
and wherein the triggering condition for reporting the result includes that a number of QoE results or a size of data transmitted by the terminal during a period is less than or equal to a threshold value. ([0092] For each entry in the list of QoE measurement reporting to pause, the following sub-parameters may be signaled: … 3) A parameter "reportOnPause" to indicate whether the UE is to stop reporting of the QoE measurement immediately (e.g., indicated using value "none") or continue reporting in accordance with a threshold value (e.g. , indicated using value "threshold"). For the latter case, if the threshold is set to e.g., 500 Bytes (value "byte500") and if the size of collected QoE measurements are below or equal to this threshold then the UE is to continue reporting of the QoE measurements, otherwise the UE is to stop reporting.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Kumar per Choi to include wherein a message broadcast from the base station includes the triggering condition for reporting the result. It would have been advantageous as discussed above, as it would allow the modified system to provide additional constraints included in the configuration message, allowing for customization of reporting based on UE and Base Station capabilities.
Regarding Claims 3, 7:
Kumar934 (as modified by Choi) teaches on the inventions of claims 1, 5 as described.
Kumar934 teaches wherein the MBSBroadcastConfiguration message further includes information on at least one multicast/broadcast service (MBS) broadcast session of a plurality of MBS sessions, wherein each MBS broadcast session of the plurality of MBS sessions includes different QoE configuration information (ie. unique configuration link information based on target base station), (Figs 6-8 show the serving base station transmitting the QoE configuration to the UE. [0026][0028] transmitting a resource status request to a set of target base stations including the target base station indicated in the measurement report, the resource status request indicating a QoE constraint of the UE and the set of QoE variables of the UE, receiving a resource status response from the target base station indicating support of the QoE constraint of the UE, and transmitting, based on the resource status response, a connection reconfiguration message to the UE identifying the target base station to perform the handover procedure to establish the new communication link. [0104] UE 205 may have performed an access procedure with base station 210 to establish the communication link, with base station 210 being the serving base station of UE 205.)
Allowable Subject Matter
Claims 9, 13 (and dependents) are allowable over the prior art as no art was discovered to read on them. However, Claims 9, 11, 13, 15 are rejected under 112(b).
Conclusion & Contact Information
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL J HACKENBERG whose telephone number is (571)272-5417. The examiner can normally be reached 9am-5pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Glenton B Burgess can be reached at (571)272-3949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL J HACKENBERG/Primary Examiner, Art Unit 2454
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