DETAILED ACTION
The non-final office action is responsive to the preliminary amendment to U.S. Patent Application 18/862,504 on 11/01/2024. Claims 1-9, 11, 14-22, and 24 are pending; claims 1-9, 11, 14-22, and 24 are rejected.
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 07/10/2025 and 04/21/2025 were filed before the mailing date of the non-final office action. 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 Objections
Claims 1, 5, 7, 11, 14, 18, 20, and 24 are objected to because of the following informalities: “and/or”. It is not clear the conjunction should be treated as “and” or “or”. As people with ordinary skill in the art would know that “and” is a type of coordinating conjunction and is commonly used to indicate a dependent relationship. Here, the two clauses are dependent on each other and both are true and take together. And “or” is another type of coordinating conjunction, but it indicates an independent relationship. Here, the two clauses are somewhat separate; while they are related, they are not co-dependent on each other. In terms of networking or software, “and” is used to indicate a function where both categories are met, whereas “or” indicates a function where either categories are met. Examiner will treat “and/or” as “or” for examination purpose. Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9, 11, 14-22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication WO 2022/075912 A1 to KANG et al. (hereinafter KANG) in view of "Technical Specification Group Services and System Aspects," 3GPP TR 23.700-60 V0.2.0, 3rd Generation Partnership Project, April 2022 (April 22, 2022) (hereinafter TR23).
As to claim 1, KANG teaches a data unit processing method (methods for a node in a wireless network to communicate data using a protocol stack that includes a first layer comprising at least one group discard timer. Such methods include receiving (720), at the first layer from a higher layer of the protocol stack, a first plurality of service data units, SDUs, associated with a common maximum latency requirement. Such methods include, based on the common maximum latency requirement, initiating (750) at least one group discard timer associated with the first plurality of SDUs and, upon expiration of the at least one discard timer, discarding (770) the first plurality of SDUs associated with common latency requirement, KANG Abstract), comprising:
determining, by a communication device, an association relationship between service data units (SDUs);
in case that at least one SDU among the multiple SDUs with the association relationship needs to be discarded or is not successfully transmitted, discarding the multiple SDUs with the association relationship and/or protocol data units (PDUs) corresponding to the multiple SDUs with the association relationship (In other of these embodiments, the initiating operations of block 740 can also include the operations of sub-block 743, where the node can refrain from initiating a second discard timer upon receipt of the second SDU. In such embodiments, the discarding operations of block 760 can include the operations of sub-block 763, where the node can discard the first plurality of SDUs upon expiration of the first discard timer. Examples of these embodiments include the “third option” discussed above. In some variants, the first plurality of SDUs can be associated with a data flow comprising a plurality of higher-layer PDUs. In such variants, the initiating operations of block 740 can also include the operations of sub-block 744, where the node can refrain from initiating further discard timers upon receipt, after the second SDU, of further SDUs associated with the data flow, KANG, Page 10, Line 15 to Page 26, Line 34, Abstract).
KANG does not explicitly disclose determining, by a communication device, an association relationship between service data units (SDUs).
TR23 discloses determining, by a communication device, an association relationship between protocol data units (PDUs) service data units (SDUs) (RAN identifies the PDUs of a PDU Set based on the PDU Set info in the GTP-U headers. RAN performs the PDU Set integrated packet processing to deliver the PDU Set to UE, TR23, Clause 6.12.2 – 6.12.3).
Note that KANG discloses providing “flexible and efficient techniques to inform a PDCP layer about which PDCP SDUs are associated with a single application PDU that needs to be delivered according to a maximum latency requirement” in Page 7, Line 17-24. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement PDU set integrated QoS as taught by TR23 to modify the method of KANG in order to provide differentiated QoS handling considering different importance of PDU Sets. e.g. eligible drop packets belong to a less important PDU Set to reduce the resource wasting.
As to claim 2, KANG-TR23 discloses the method according to claim 1, wherein the determining, by the communication device, the association relationship between the SDUs comprises: determining, by a target air-interface protocol layer of the communication device, the association relationship between the SDUs, the target air-interface protocol layer comprises one of the following: a packet data convergence protocol (PDCP) layer; a radio link control (RLC) layer; a medium access control (MAC) layer (PDCP or RLC or MAC, KANG, Page 10, Line 15 to Page 26, Line 34, Fig. 3).
As to claim 3, KANG-TR23 discloses the method according to claim 1, wherein the determining, by the communication device, the association relationship between the SDUs comprises: determining, by the communication device, the association relationship between the SDUs according to first indication information, the first indication information comprises at least one of the following: frame indication information; sub-picture indication information; slice indication information; tile indication information; packet data unit set indication information; a quality of service (QoS) parameter corresponding to a packet data unit set (at least one group discard timer (e.g. claimed QoS parameter), KANG, Abstract, Page 10, Line 15 to Page 26, Line 34; TR23, Clause 6.12.2 – 6.12.3).
As to claim 4, KANG-TR23 discloses the method according to claim 3,further comprising: obtaining the first indication information; wherein the first indication information is carried in one of the following information: an SDU header; an SDU payload; inter-layer interaction information sent by an upper layer to an access stratum (KANG, Abstract, Page 10, Line 15 to Page 26, Line 34; TR23, Clause 6.12.2 – 6.12.3).
As to claim 5, KANG-TR23 discloses the method according to claim 1, further comprising: determining whether an SDU discard processing function is activated or deactivated according to configuration information; in case that the at least one SDU among the multiple SDUs with the association relationship needs to be discarded or is not successfully transmitted, the discarding the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship comprises: in case that the SDU discard processing function is activated and the at least one SDU among the multiple SDUs with the association relationship needs to be discarded or is not successfully transmitted, discarding the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship (KANG, Abstract, Page 10, Line 15 to Page 26, Line 34).
As to claim 6, KANG-TR23 discloses The method according to claim 5, wherein the configuration information is configured for one of the following: a bearer; a logical channel; a packet data unit set (KANG, Abstract, Page 10, Line 15 to Page 26, Line 34).
As to claim 7, KANG-TR23 discloses the method according to claim 2, wherein in case that the at least one SDU among the multiple SDUs with the association relationship needs to be discarded or is not successfully transmitted, the discarding the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship comprises one of the following: in case that a timer corresponding to any one of the multiple SDUs with the association relationship expires, discarding the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship; wherein one timer is maintained for each of the multiple SDUs with the association relationship (KANG, Abstract, Page 10, Line 15 to Page 26, Line 34); in case that a timer corresponding to any one of the multiple SDUs with the association relationship expires, discarding the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship, and deleting or stopping a timer corresponding to each of the multiple SDUs with the association relationship; wherein one timer is maintained for each of the multiple SDUs with the association relationship; in case that a timer corresponding to the multiple SDUs with the association relationship expires, discarding the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship, wherein one timer is maintained for the multiple SDUs with the association relationship; in case that it is determined, according to congestion indication information sent by a lower layer of the target air-interface protocol layer, that at least one SDU among the multiple SDUs with the association relationship needs to be discarded, discarding the multiple SDUs with the association relationship; in case that it is determined, according to indication information sent by a lower layer of the target air-interface protocol layer, that a PDU corresponding to at least one SDU among the multiple SDUs with the association relationship is lost, deleting the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship at the target air-interface protocol layer; for protocol layer entity reestablishment in the target air-interface protocol layer, for a data radio bearer (DRB) in an un-acknowledged mode, in case that the protocol layer entity is a receiving entity, SDUs stored in the protocol layer entity comprise multiple SDUs with the association relationship, and at least one SDU of the multiple SDUs with the association relationship is not successfully received, discarding the multiple SDUs with the association relationship and not delivering the multiple SDUs with the association relationship to an upper layer of the target air-interface protocol layer; for protocol layer entity release in the target air-interface protocol layer, for a DRB in the un-acknowledged mode and/or a DRB in an acknowledged mode, in case that SDUs stored in the protocol layer entity comprise multiple SDUs with the association relationship, and at least one SDU of the multiple SDUs with the association relationship is not successfully received, discarding the multiple SDUs with the association relationship and not delivering the multiple SDUs with the association relationship to an upper layer of the target air-interface protocol layer; in case that the multiple SDUs with the association relationship belong to one packet data unit set, and one or more SDUs among the multiple SDUs with the association relationship have not been successfully sent when an absolute time at which the packet data unit set is to be sent is reached, discarding the multiple SDUs with the association relationship and/or PDUs corresponding to the multiple SDUs with the association relationship.
As to claim 8, KANG-TR23 discloses the method according to claim 7, further comprising: in case that one timer is maintained for the multiple SDUs with the association relationship, upon a first SDU among the multiple SDUs with the association relationship being received, starting the timer (KANG, Abstract, Page 10, Line 15 to Page 26, Line 34).
As to claim 9, KANG-TR23 discloses The method according to claim 1,wherein the multiple SDUs with the association relationship each belong to a different protocol layer entity of the target air-interface protocol layer (KANG, Page 10, Line 15 to Page 26, Line 34); or, at least some of the multiple SDUs with the association relationship belong to a same protocol layer entity of the target air-interface protocol layer; wherein in case that the multiple SDUs with the association relationship each belong to the different protocol layer entity of the target air-interface protocol layer, the different protocol layer entities exchange second indication information with each other; wherein the second indication information comprises at least one of the following: frame indication information about a frame that needs to be discarded; slice indication information about a slice that needs to be discarded; tile indication information about a tile that needs to be discarded; sub-picture indication information about a sub-picture that needs to be discarded; packet data unit set indication information about a packet data unit set that needs to be discarded; or indication information of an SDU in a packet data unit set that needs to be discarded.
As to claim 11, KANG-TR23 discloses the method according to claim 3, wherein the frame indication information comprises at least one of the following: frame type indication information; or frame index indication information; and/or, wherein the sub-picture indication information comprises an index of the sub-picture; or the slice indication information comprises an index of the slice; or the tile indication information comprises an index of the tile; or the QoS parameter corresponding to the packet data unit set comprises at least a packet data unit set integrated handling indication (PSIHI); and/or, wherein the packet data unit set indication information comprises at least one of the following: an index of the packet data unit set; information of a window corresponding to the packet data unit set; a starting position and a duration of the packet data unit set; a starting position and an ending position of the packet data unit set; or an absolute time at which the packet data unit set is to be sent.
As to claims 14-22, and 24, the same reasoning applies mutatis mutandis to the corresponding communication device claims 14-22, and 24 (Note: memory, transceiver, and processor are disclosed by KANG in Fig. 9-10 or Page 19, Line 5 to Page 26, Line 34). Accordingly, claims 14-22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over KANG in view of TR23.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9, 11, 14-22, and 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,363,047 B2 (hereinafter P047) in view of KANG.
Claim 1 of the Instant Application
Claim 1 of P047
A data unit processing method, comprising:
A timer processing method, wherein the method is applied to a terminal, and comprises:
determining, by a target air-interface protocol layer of a communication device, an association relationship between service data units (SDUs) according to first indication information;
determining a packet data convergence protocol (PDCP) service data unit (SDU) group, wherein the terminal maintains different PDCP discard timer lengths for multiple PDCP SDUs in the PDCP SDU group.
in case that at least one SDU among the multiple SDUs with the association relationship needs to be discarded or is not successfully transmitted, discarding the multiple SDUs with the association relationship and/or protocol data units (PDUs) corresponding to the multiple SDUs with the association relationship.
Claim 1 of P047 does not explicitly disclose in case that at least one SDU among the multiple SDUs with the association relationship needs to be discarded or is not successfully transmitted, discarding the multiple SDUs with the association relationship and/or protocol data units (PDUs) corresponding to the multiple SDUs with the association relationship.
KANG discloses in case that at least one SDU among the multiple SDUs with the association relationship needs to be discarded or is not successfully transmitted, discarding the multiple SDUs with the association relationship and/or protocol data units (PDUs) corresponding to the multiple SDUs with the association relationship (KANG, Page 10, Line 15 to Page 26, Line 34, Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to discard a group of SDUs as taught by KANG to modify the method of claim 1 of P047 in order to ensure timely deliver by a wireless network of data packets generated by latency-sensitive applications.
As to claims 2-9, 11, 14-22, and 24, claims 1-20 of P047 obviously discloses all claim limitations of the instant application. Therefore, claims 2-9, 11, 14-22, and 24 are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Conclusion
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/RUOLEI ZONG/Primary Examiner, Art Unit 2449 3/11/2026