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 use of the terms Bluetooth, WiFi, each of which is a trade name or a mark used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized entirely wherever each appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Claim(s) 1-2, 4-8, 11-13, 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2021/0235465 A1 to Meylan et al. (“Meylan”) [provided by Applicant].
As to claim 1, Meylan discloses a method for capability reporting performed by a terminal (para. 0005, described techniques provide for configuring a communication device, which may be a user equipment (UE), to support signaling of buffer size capability for layer two buffer), the method comprising: sending capability information to a network device, wherein the capability information indicates whether the terminal is capable of buffering data in advance (para. 0005, For example, the UE signal a capability of the UE to support a size of a buffer to a base station. The size of the buffer signaled may be an actual size or a maximum size supported by the UE. In other example, the UE may select a preferred size of buffer for the UE, and signal the preferred size as the buffer size capability. The communication device, such as a UE, may be operating in a dual-connectivity mode or in a standalone mode. In some examples, the communication device, such as the UE may identify a size capability for a buffer associated with a protocol layer of the UE. For example, the UE may determine a layer two buffer size available at the UE. According to some examples, the UE may transmit an indication of the size capability. For example, the UE may include the indication in a UE capability report, and may transmit the UE capability report via a base station serving the UE. Upon receiving the indication, the base station may determine the size capability for the layer two buffer of the UE. The base station may then determine (i.e. in advance) a schedule of resources to use to transmit data to the UE.).
As to claim 2, Meylan further discloses the method of claim 1, wherein the data comprises data to be used by the terminal in a region where communication is affected (para. 0071, The wireless communications system 100 may operate using one or more frequency bands, in the range of 300 megahertz (MHz) to 300 gigahertz (GHz). In some examples, the region from 300 MHz to 3 GHz is known as the ultra-high frequency (UHF) region or decimeter band because the wavelengths range from approximately one decimeter to one meter in length; para. 0073, antennas or antenna arrays associated with a base station 105 may be located in diverse geographic locations, i.e. region may refer to frequency band of operation, or physical location).
As to claim 4, Meylan further discloses the method of claim 2, further comprising: receiving, in a case that the terminal is capable of buffering the data in advance, a configuration sent by the network device for the terminal sending request information (para. 0079, A receiving device (e.g., a UE 115) may try multiple receive configurations (e.g., directional listening) when receiving various signals from the base station 105, such as synchronization signals, reference signals, beam selection signals, or other control signals (i.e. these signals are configuration signals)), wherein the terminal sends the request information to the network device based on the configuration, to request the network device to send the data to the terminal (para. 0082, The UE 115 may identify a size capability for a buffer associated with a protocol layer of the UE 115. The UE 115 may then transmit, to a base station 105 serving the UE 115, an indication of the identified size capability for the buffer and communicate, with the base station 105, data that is scheduled based on the transmitted indication; fig. 3, after indication of size sent by terminal, base station sends downlink data at 335; Examiner notes that “in a case” denotes an optional limitation that does not need to be given patentable weight).
As to claim 5, Meylan further discloses the method of claim 4, wherein the request information further carries at least one of following auxiliary information: a data volume of the data (para. 0094, Accordingly, the UE 115-a may determine a first indication (e.g., UE_buf_capability_DC) based on the first size of the layer two buffer, and the UE 115-a may determine a second indication (e.g., UE_buf_capability) based on the second size of the layer two buffer. In some cases, the UE 115-a may transmit the indication 215 of the identified size capability in a UE capability report in radio resource control signaling. In some examples, the UE 115-a may transmit an indication of a preference of the UE associated with allocating the buffer between downlink communications and uplink communications. For example, a UE 115-a preferring a high speed uplink may request or otherwise allocate a higher percentage (e.g., 80 percent) of buffer for uplink communications and vice-versa.); a time for sending the data; or a duration for sending the data.
As to claim 6, Meylan further discloses the method of claim 4, wherein the configuration further indicates at least one of: whether the terminal is allowed to send the request information (para. 0079, A receiving device (e.g., a UE 115) may try multiple receive configurations (e.g., directional listening) when receiving various signals from the base station 105, such as synchronization signals, reference signals, beam selection signals, or other control signals (i.e. these signals are configuration signals); para. 0082, The UE 115 may identify a size capability for a buffer associated with a protocol layer of the UE 115. The UE 115 may then transmit, to a base station 105 serving the UE 115, an indication of the identified size capability for the buffer and communicate, with the base station 105, data that is scheduled based on the transmitted indication; fig. 3, after indication of size sent by terminal, base station sends downlink data at 335, i.e. the receipt of the signals is an indication that the size capability is allowed to be transmitted); information of a blocking timer for blocking the terminal from sending the request information; or one or more conditions for sending the request information.
As to claim 7, Meylan further discloses the method of claim 6, wherein the one or more conditions comprise (Examiner notes this claim further limits limitations written in the alternative in claim 6, and does not need to be given patentable weight) at least one of: a location condition, indicating that the terminal, before entering the region, sends the request information at a location from the region by a preset distance; a signal condition, indicating that the terminal, before entering the region, sends the request information when a signal strength of the network device is lower than a preset strength threshold; or a speed condition, indicating that the terminal, before entering the region, sends the request information when a speed of the terminal is lower than a speed threshold.
As to claim 8, Meylan discloses a method for capability determination performed by a network device (para. 0005, base station), the method comprising: receiving capability information sent by a terminal (para. 0005, For example, the UE signal a capability of the UE to support a size of a buffer to a base station. The size of the buffer signaled may be an actual size or a maximum size supported by the UE. In other example, the UE may select a preferred size of buffer for the UE, and signal the preferred size as the buffer size capability. The communication device, such as a UE, may be operating in a dual-connectivity mode or in a standalone mode. In some examples, the communication device, such as the UE may identify a size capability for a buffer associated with a protocol layer of the UE. For example, the UE may determine a layer two buffer size available at the UE. According to some examples, the UE may transmit an indication of the size capability. For example, the UE may include the indication in a UE capability report, and may transmit the UE capability report via a base station serving the UE. Upon receiving the indication, the base station may determine the size capability for the layer two buffer of the UE. The base station may then determine (i.e. in advance) a schedule of resources to use to transmit data to the UE.); and determining, according to the capability information, whether the terminal is capable of buffering data in advance (para. 0005, For example, the UE signal a capability of the UE to support a size of a buffer to a base station. The size of the buffer signaled may be an actual size or a maximum size supported by the UE. In other example, the UE may select a preferred size of buffer for the UE, and signal the preferred size as the buffer size capability. The communication device, such as a UE, may be operating in a dual-connectivity mode or in a standalone mode. In some examples, the communication device, such as the UE may identify a size capability for a buffer associated with a protocol layer of the UE. For example, the UE may determine a layer two buffer size available at the UE. According to some examples, the UE may transmit an indication of the size capability. For example, the UE may include the indication in a UE capability report, and may transmit the UE capability report via a base station serving the UE. Upon receiving the indication, the base station may determine the size capability for the layer two buffer of the UE. The base station may then determine (i.e. in advance) a schedule of resources to use to transmit data to the UE.).
As to claim 9, Meylan further discloses the method of claim 8, wherein the data comprises data to be used by the terminal in a region where communication is affected (para. 0071, The wireless communications system 100 may operate using one or more frequency bands, in the range of 300 megahertz (MHz) to 300 gigahertz (GHz). In some examples, the region from 300 MHz to 3 GHz is known as the ultra-high frequency (UHF) region or decimeter band because the wavelengths range from approximately one decimeter to one meter in length; para. 0073, antennas or antenna arrays associated with a base station 105 may be located in diverse geographic locations, i.e. region may refer to frequency band of operation, or physical location).
As to claim 11, Meylan further discloses the method of claim 9, further comprising: sending, in a case of determining that the terminal is capable of buffering the data in advance, a configuration for sending request information to the terminal (para. 0079, A receiving device (e.g., a UE 115) may try multiple receive configurations (e.g., directional listening) when receiving various signals from the base station 105, such as synchronization signals, reference signals, beam selection signals, or other control signals (i.e. these signals are configuration signals)), wherein the request information requests the network device to send the data to the terminal (para. 0082, The UE 115 may identify a size capability for a buffer associated with a protocol layer of the UE 115. The UE 115 may then transmit, to a base station 105 serving the UE 115, an indication of the identified size capability for the buffer and communicate, with the base station 105, data that is scheduled based on the transmitted indication; fig. 3, after indication of size sent by terminal, base station sends downlink data at 335; Examiner notes that “in a case” denotes an optional limitation that does not need to be given patentable weight).
As to claim 12, Meylan further discloses the method of claim 11, wherein the configuration further indicates at least one of: whether the terminal is allowed to send the request information (para. 0079, A receiving device (e.g., a UE 115) may try multiple receive configurations (e.g., directional listening) when receiving various signals from the base station 105, such as synchronization signals, reference signals, beam selection signals, or other control signals (i.e. these signals are configuration signals); para. 0082, The UE 115 may identify a size capability for a buffer associated with a protocol layer of the UE 115. The UE 115 may then transmit, to a base station 105 serving the UE 115, an indication of the identified size capability for the buffer and communicate, with the base station 105, data that is scheduled based on the transmitted indication; fig. 3, after indication of size sent by terminal, base station sends downlink data at 335, i.e. the receipt of the signals is an indication that the size capability is allowed to be transmitted); information of a blocking timer for blocking the terminal from sending the request information; or one or more conditions for sending the request information.
As to claim 13, Meylan further discloses the method of claim 12, wherein the one or more conditions comprise at least one of (Examiner notes this claim further limits limitations written in the alternative in claim 6, and does not need to be given patentable weight): a location condition, indicating that the terminal, before entering the region, sends the request information at a location from the region by a preset distance; a signal condition, indicating that the terminal, before entering the region, sends the request information when a signal strength of the network device is lower than a preset strength threshold; or a speed condition, indicating that the terminal, before entering the region, sends the request information when a speed of the terminal is lower than a speed threshold.
As to claim 16, Meylan discloses a communication apparatus (para. 0007, UE), comprising: a processor (para. 0007, processor); and a memory, to storing a computer program; wherein the processor executes the computer program to (para. 0007, The apparatus may include a processor, memory coupled with the processor, and instructions stored in the memory. The instructions may be executable by the processor to cause the apparatus to): send capability information to a network device, wherein the capability information indicates whether the communication apparatus is capable of buffering data in advance (para. 0005, For example, the UE signal a capability of the UE to support a size of a buffer to a base station. The size of the buffer signaled may be an actual size or a maximum size supported by the UE. In other example, the UE may select a preferred size of buffer for the UE, and signal the preferred size as the buffer size capability. The communication device, such as a UE, may be operating in a dual-connectivity mode or in a standalone mode. In some examples, the communication device, such as the UE may identify a size capability for a buffer associated with a protocol layer of the UE. For example, the UE may determine a layer two buffer size available at the UE. According to some examples, the UE may transmit an indication of the size capability. For example, the UE may include the indication in a UE capability report, and may transmit the UE capability report via a base station serving the UE. Upon receiving the indication, the base station may determine the size capability for the layer two buffer of the UE. The base station may then determine (i.e. in advance) a schedule of resources to use to transmit data to the UE.).
As to claim 17, Meylan further discloses a communication apparatus (para. 0023, network node), comprising: a processor (para. 0023, processor); and a memory, to storing a computer program (para. 0023, instructions stored in the memory); wherein the computer program when executed by the processor causes the communication apparatus to act as the network device and perform the method of claim 8 (para, 0023, The instructions may be executable by the processor to cause the apparatus to).
As to claim 18, Meylan further discloses a non-transitory computer-readable storage medium storing a computer program, the computer program when executed by a processor of the terminal causes the terminal to perform method of claim 1 (para. 0009, A non-transitory computer-readable medium storing code for wireless communication at a UE is described. The code may include instructions executable by a processor).
As to claim 19, Meylan further discloses a non-transitory computer-readable storage medium storing a computer program, the computer program when executed by a processor of the network device cause the network device to perform the method of claim 8 (para. 0025, A non-transitory computer-readable medium storing code for wireless communication at a network node is described. The code may include instructions executable by a processor to).
As to claim 20, Meylan further discloses the method of claim 5, wherein the configuration further indicates at least one of: whether the terminal is allowed to send the request information (para. 0079, A receiving device (e.g., a UE 115) may try multiple receive configurations (e.g., directional listening) when receiving various signals from the base station 105, such as synchronization signals, reference signals, beam selection signals, or other control signals (i.e. these signals are configuration signals); para. 0082, The UE 115 may identify a size capability for a buffer associated with a protocol layer of the UE 115. The UE 115 may then transmit, to a base station 105 serving the UE 115, an indication of the identified size capability for the buffer and communicate, with the base station 105, data that is scheduled based on the transmitted indication; fig. 3, after indication of size sent by terminal, base station sends downlink data at 335, i.e. the receipt of the signals is an indication that the size capability is allowed to be transmitted); information of a blocking timer for blocking the terminal from sending the request information; or one or more conditions for sending the request information.
As to claim 21, Meyland further discloses the communication apparatus of claim 16, wherein the data comprises data to be used by a terminal in a region where communication is affected (para. 0071, The wireless communications system 100 may operate using one or more frequency bands, in the range of 300 megahertz (MHz) to 300 gigahertz (GHz). In some examples, the region from 300 MHz to 3 GHz is known as the ultra-high frequency (UHF) region or decimeter band because the wavelengths range from approximately one decimeter to one meter in length; para. 0073, antennas or antenna arrays associated with a base station 105 may be located in diverse geographic locations, i.e. region may refer to frequency band of operation, or physical location).
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 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.
Claim(s) 3, 9, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2021/0235465 A1 to Meylan et al. (“Meylan”) [provided by Applicant] in view of CN 109996208 B to LIU et al. (“Liu”) [Examiner cites to attached English translation].
As to claim 3, Meylan does not expressly disclose the method of claim 2, wherein the terminal is in a high-speed-railway dedicated network; and/or the region comprises a tunnel.
Liu discloses a high speed flight train-ground communication with C-RAN with partial space in a buffer (page 1) and a user cache for requests and determining if there is content in the cache (page 3).
Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the train-ground communication of Liu into the invention of Meylan. The suggestion/motivation would have been to have a vacuum tube high speed flight train-ground communication method based on C-RAN (Liu, page 1). Including the train-ground communication of Liu into the invention of Meylan was within the ordinary ability of one of ordinary skill in the art based on the teachings of Liu.
As to claim 10, Meylan does not expressly disclose the method of claim 9, wherein the terminal is in a high-speed-railway dedicated network; and/or the region comprises a tunnel.
Liu discloses a high speed flight train-ground communication with C-RAN with partial space in a buffer (page 1) and a user cache for requests and determining if there is content in the cache (page 3).
Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the train-ground communication of Liu into the invention of Meylan. The suggestion/motivation would have been to have a vacuum tube high speed flight train-ground communication method based on C-RAN (Liu, page 1). Including the train-ground communication of Liu into the invention of Meylan was within the ordinary ability of one of ordinary skill in the art based on the teachings of Liu.
As to claim 22, Meyland does not expressly disclose the communication apparatus of claim 21, wherein the terminal is in a high-speed-railway dedicated network; and/or the region comprises a tunnel.
Liu discloses a high speed flight train-ground communication with C-RAN with partial space in a buffer (page 1) and a user cache for requests and determining if there is content in the cache (page 3).
Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the train-ground communication of Liu into the invention of Meylan. The suggestion/motivation would have been to have a vacuum tube high speed flight train-ground communication method based on C-RAN (Liu, page 1). Including the train-ground communication of Liu into the invention of Meylan was within the ordinary ability of one of ordinary skill in the art based on the teachings of Liu.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20140003239 A1 discloses at para. 0044: Another advantage can include providing a device 102 with the ability to provide context useful in assisting the device 102 to select appropriate policies from a local cache. For example, the communications node 106 can have a greater contextual understanding of the area through node traffic data that can enable it to inform the devices 102 communicatively coupled thereto or nearby of the contextual understanding. For example, the communications node 106 can transmit data to such communicatively coupled or nearby devices 102 that they are on a train with local WiFi and that the train is about to leave or arrive, or that the devices are on a plane that is about to take off or land (e.g., requiring radios to be shut off). Such a system can provide visibility into signaling versus payload overload in the network 104. Such a system can also provide for the sharing of information (e.g., node traffic data) with devices 102 not directly associated with the communications node 106.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm.
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/OMAR J GHOWRWAL/Primary Examiner, Art Unit 2463
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