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 .
This communication is in response to the communication filed on 06/17/2026.
Claims 1-11, 21-22, 24-25, 27, 31, 34, and 37-38 are pending and are rejected. Claims 12-20, 23, 26, 28-30, 32-33, 35-36, and 39-40 are canceled.
Response to Arguments
Applicant's arguments filed 06/17/2026 have been fully considered but they are not persuasive. Arguments to claims 1, 11, 21, and 31:
a) Basu in view of Park does not teach or suggest determining a configuration including one or more discarding rules. Applicant contends that Basu’s teachings are limited to configuring discard timers between network nodes/layers, whereas the claimed “discarding rules” is more complex and allows more efficient control than Basu’s discard timers alone.
b) Basu in view of Park does not teach or suggest “cause transmission of a discarding activation request…”
Response to the arguments of claim 1, 11, 21, and 31:
a) Basu discloses a master based station (MeNA) that determines/configures discard-related functionality for efficient discarding of data packets in multi-node environment. Specifically, the MeNB configures a secondary discard function (with its own timer) in a lower layer of the second base station (SeNB, based on the master discard function in the higher layer at the MeNB. The MeNB forwards packets and coordinates discarding across nodes to handle delays and inefficiencies.
Moreover, Applicant’s argument is not commensurate with the scope of the claims. The claims recite “determine a configuration including one or more discarding rules” without specifying: (1) that the rules must be a “separate unit” distinct from timers; (2) any particular complexity or “active” nature beyond timer-based discard; or (3) explicit details of shared latency budgets or group-based discarding independent of per-packet times. The claim do not preclude the configuration from including or being based on discard timers as taught by Base. A configuration that includes rules for when and how to apply discard timers reads on the claim language.
b) Basu discloses the discard configuration in a multi-node setting, and Park teaches signaling to manage packet handling, including indications that trigger actions at the receiver/transmitter regarding data units (discard or retransmission). One of ordinary skill would have found it obvious to use such signaling as a “discarding activation request” to activate the discard rules taught by Base, particularly to achieve efficient resource management and avoid unnecessary discards.
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, 4-11, 21, 24-25, 27, 31, 34, and 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Basu et al. (US 20230179533 A1), hereafter Basu in view of Park et al. (US 20070243879 A1), hereafter Park.
Regarding claim 1, Basu teaches a first network node configured to communicate with a wireless device, WD, and a second network node ([0232], fig. 20, a dual connectivity scenario in a small cell environment is assumed, where the UE (WD) is connected to both the MeNB (first node) and the SeNB (second node)), the first network node comprising processing circuitry configured to ([0196] A processor and transmitter of the master base station configure a secondary discard function in a lower layer of the secondary base station):
determine a configuration including one or more discarding rules for discarding one or more resources associated with a data unit ([0235] the higher layer(s), such as RRC, of the MeNB shall configure the discard functionality of the SeNB over the X2 interface; [0236] In general, the discard timer value used by the discard function at the SeNB may either be identical to the discard timer value (discarding rules… associated with a data unit) used by the discard function at the MeNB);
cause one or both of the second network node and the WD to be configured with the determined configuration ([0237] A corresponding configuration message shall be transmitted from the MeNB to the SeNB which allows the RLC layer of the SeNB to configure a corresponding discard timer for its discard functionality); and
cause transmission of a discarding activation request to one or both of the second network node and the WD based on the determined configuration, the discarding activation request requesting one or both of the second network node and the WD to activate the one or more discarding rules ([0241] Correspondingly, the discard function in the RLC layer at the SeNB is set up such that the associated discard timer is started upon reception of a PDCP PDU from the PDCP layer of the MeNB and expires after a time as configured by the MeNB/SeNB according to one of the above ways; [0237] the SeNB configured a corresponding discard timer sent from the SeNB corresponds to discarding activation request requestingNB).
Basu does not explicitly teach
activation request.
Park teaches
activation request ([0108] The ARQ module 1240 uses automatic repeat request parameters set by the access node corresponding to a traffic flow in performing ARQ operations).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Basu disclosure, a request to perform discard function, as taught by Park. One would be motivated to do so for supporting quality of service differentiation between traffic flows in a communication system can be used with a wide range of communications systems.
Regarding claim 2, Basu and Park teach the first network node of Claim 1, wherein Basu further teaches the one or more resources comprise any one of a frame and a packet ([0048] breaking up the input data into data frames; [0050] transferring variable length packets from a source to a destination).
Regarding claims 4, 24, and 34, Basu and Park teach all limitations of parent Claims 2, 22, and 31, wherein Basu further teaches the frame has a protocol data unit set tag, and at least one rule of the one or more discarding rules is usable for PDU set level discarding based on the protocol data unit set tag, the frame and at least one other frame having the same protocol data unit set tag being discarded when the at least one rule usable for PDU set level discarding is activated ([0079] a discard function is included in the PDCP layer for LTE. This discard function is based on a timer, where for each PDCP SDU received from the higher layers in the transmitter a timer (“discardTimer”) is started; [0081] [0081] The standard TS 36.323 Chapter 5.4 describes that, when the timer expires for a PDCP SDU, or the successful delivery of a PDCP SDU is confirmed by the PDCP status report, the UE shall discard the PDCP SDU along with the corresponding PDCP PDU).
Regarding claim 5, Basu and Park teach the first network node of Claim 1, wherein Basu further teaches the data unit comprises any one of a protocol data unit, a service data unit, and a protocol data unit set ([0079] a discard function is included in the PDCP layer for LTE).
Regarding claims 6 and 25, Basu and Park teach all limitations of parent Claims 1 and 21, wherein Basu further teaches the one or more discarding rules are based on an importance level associated with one or both of the resource and the data unit ([0166] The RLC layer at the SeNB in turn checks whether it has already proceeded to map the PDCP PDU (or a segment of it) to an RLC PDU, in which case discard of the PDCP PDU in the RLC layer is no longer possible).
Regarding claim 7, Basu and Park teach the first network node of Claim 1, wherein Basu further teaches the activated one or more discarding rules trigger one or both of the second network node and the WD to discard the one or more resources associated with the data unit ([0237] A corresponding configuration message shall be transmitted from the MeNB to the SeNB which allows the RLC layer of the SeNB to configure a corresponding discard timer for its discard functionality).
Regarding claims 8 and 38, Basu and Park teach all limitations of parent Claims 1 and 31, wherein Basu further teaches the processing circuitry is further configured to:
cause transmission of a discarding deactivation request to one or both of the second network node and the WD, the discarding deactivation request requesting one or both of the second network node and the WD to deactivate the one or more discarding rules ([0251] Correspondingly, the discardTimer in the RLC layer can be stopped/aborted and the PDCP PDU data (i.e., RLC SDU) can be discarded by the RLC layer in the SeNB).
Regarding claim 9, Basu and Park teach the first network node of Claim 8, wherein Basu further teaches the deactivated one or more discarding rules trigger one or both of the second network node and the WD to disable discarding of the one or more resources associated with the data unit ([0051] In turn, the PDCP layer can stop/abort its own discard timer for said successfully-transmitted PDCP PDU (more accurately PDCP SDU) and then may also eventually discard the PDCP SDU and PDCP PDU).
Regarding claim 10, Basu and Park teach the first network node of Claim 1, wherein Basu further teaches one or more of:
the first network node comprises one of a centralized unit, a packet data convergence protocol entity, and distributed unit ([0296] the PDCP layer at the MeNB implements a discard mechanism which allows discarding those PDCP SDUs; [0928] RLC operation of segmentation, concatenation of received data into RLC PDUs, which are then forwarded to the lower layers (e.g., MAC) for further transmission)); and
the second network node comprises one of:
the distributed unit when the first network node is one of the centralized unit and the packet data convergence protocol entity; and the centralized unit when the first network node is the distributed unit ([0296] fig. 22a, the SeNB comprises PDCP, RLC, and MAC as the same MeNB); and
one or both of the one or more resources and the data unit is associated with extended reality signaling ([0175] the master timer expires, the data packet (e.g., PDCP SDU) and the processed data packet (e.g., PDCP PDU) are discarded at the higher layer).
Regarding claim 11, Basu teaches a method in a first network node configured to communicate with a wireless device, WD, and a second network node, the method comprising:
determining a configuration including one or more discarding rules for discarding one or more resources associated with a data unit ([0235] the higher layer(s), such as RRC, of the MeNB shall configure the discard functionality of the SeNB over the X2 interface; [0236] In general, the discard timer value used by the discard function at the SeNB may either be identical to the discard timer value (discarding rules… associated with a data unit) used by the discard function at the MeNB);
causing one or both of the second network node and the WD to be configured with the determined configuration ([0237] A corresponding configuration message shall be transmitted from the MeNB to the SeNB which allows the RLC layer of the SeNB to configure a corresponding discard timer for its discard functionality); and
transmitting a discarding activation request to one or both of the second network node and the WD based on the determined configuration, the discarding activation request requesting one or both of the second network node and the WD to activate the one or more discarding rules ([0241] Correspondingly, the discard function in the RLC layer at the SeNB is set up such that the associated discard timer is started upon reception of a PDCP PDU from the PDCP layer of the MeNB and expires after a time as configured by the MeNB/SeNB according to one of the above ways; [0237] the SeNB configured a corresponding discard timer sent from the SeNB corresponds to discarding activation request requestingNB).
Basu does not explicitly teach
activation request.
Park teaches
activation request ([0108] The ARQ module 1240 uses automatic repeat request parameters set by the access node corresponding to a traffic flow in performing ARQ operations).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Basu disclosure, a request to perform discard function, as taught by Park. One would be motivated to do so for supporting quality of service differentiation between traffic flows in a communication system can be used with a wide range of communications systems.
Regarding claim 21, Basu teaches a wireless device, WD, configured to communicate with a first network node and a second network node, the WD comprising processing circuitry configured to ([0232], fig. 20, a dual connectivity scenario in a small cell environment is assumed, where the UE (WD) is connected to both the MeNB (first node) and the SeNB (second node)), the first network node comprising processing circuitry configured to ([0196] A processor and transmitter of the master base station configure a secondary discard function in a lower layer of the secondary base station):
receive a configuration including one or more discarding rules for discarding one or more resources associated with a data unit ([0244] FIG. 24, it is assumed that data is transmitted in the downlink via the MeNB, SeNB to the UE, and for exemplary purposes that the user plane architecture of FIG. 22d or FIG. 22h (Alternative 2C or 3C) is used; [0245] When a PDCP SDU is received at the PDCP layer from higher layers, the corresponding PDCP discardTimer is started for the PDCP SDU, and a [0246] PDCP PDU is generated from the PDCP SDU according to usual mechanisms in the PDCP);
receive a discarding activation request associated with the received configuration, the discarding activation request requesting one or both of the second network node and the WD to activate the one or more discarding rules ([0241] Correspondingly, the discard function in the RLC layer at the SeNB is set up such that the associated discard timer is started upon reception of a PDCP PDU from the PDCP layer of the MeNB and expires after a time as configured by the MeNB/SeNB according to one of the above ways; [0237] the SeNB configured a corresponding discard timer sent from the SeNB corresponds to discarding activation request requestingNB); and
discard one or more resources associated with the data unit based on the discarding activation request and the received configuration ([0241] Correspondingly, the discard function in the RLC layer at the SeNB is set up such that the associated discard timer is started upon reception of a PDCP PDU from the PDCP layer of the MeNB and expires after a time as configured by the MeNB/SeNB according to one of the above ways; [0237] the SeNB configured a corresponding discard timer sent from the SeNB corresponds to discarding activation request requestingNB).
Basu does not explicitly teach
activation request.
Park teaches
activation request ([0108] The ARQ module 1240 uses automatic repeat request parameters set by the access node corresponding to a traffic flow in performing ARQ operations).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Basu disclosure, a request to perform discard function, as taught by Park. One would be motivated to do so for supporting quality of service differentiation between traffic flows in a communication system can be used with a wide range of communications systems.
Regarding claim 27, Basu and Park teach the WD of any one of Claim 21, wherein Basu further teaches the processing circuitry is further configured to one or both:
activate the one or more discarding rules based on the discarding activation request, the activated one or more discarding rules trigger the WD to discard the one or more resources associated with the data unit ([0237] A corresponding configuration message shall be transmitted from the MeNB to the SeNB which allows the RLC layer of the SeNB to configure a corresponding discard timer for its discard functionality);
receive a discarding deactivation request requesting one or both of the second network node and the WD to deactivate the one or more discarding rules, wherein the deactivated one or more discarding rules trigger the WD to disable discarding of the one or more resources associated with the data unit ([0251] Correspondingly, the discardTimer in the RLC layer can be stopped/aborted and the PDCP PDU data (i.e., RLC SDU) can be discarded by the RLC layer in the SeNB; ([0051] In turn, the PDCP layer can stop/abort its own discard timer for said successfully-transmitted PDCP PDU (more accurately PDCP SDU) and then may also eventually discard the PDCP SDU and PDCP PDU)).
Regarding claim 31, Basu a method in a wireless device, WD, configured to communicate with a first network node and a second network node, the method comprising ([0232], fig. 20, a dual connectivity scenario in a small cell environment is assumed, where the UE (WD) is connected to both the MeNB (first node) and the SeNB (second node)):
receiving a configuration including one or more discarding rules for discarding one or more resources associated with a data unit ([0244] FIG. 24, it is assumed that data is transmitted in the downlink via the MeNB, SeNB to the UE, and for exemplary purposes that the user plane architecture of FIG. 22d or FIG. 22h (Alternative 2C or 3C) is used; [0245] When a PDCP SDU is received at the PDCP layer from higher layers, the corresponding PDCP discardTimer is started for the PDCP SDU, and a [0246] PDCP PDU is generated from the PDCP SDU according to usual mechanisms in the PDCP);
receiving a discarding activation request associated with the received configuration, the discarding activation request requesting one or both of the second network node and the WD to activate the one or more discarding rules ([0241] Correspondingly, the discard function in the RLC layer at the SeNB is set up such that the associated discard timer is started upon reception of a PDCP PDU from the PDCP layer of the MeNB and expires after a time as configured by the MeNB/SeNB according to one of the above ways; [0237] the SeNB configured a corresponding discard timer sent from the SeNB corresponds to discarding activation request requestingNB); and
discarding one or more resources associated with the data unit based on the discarding activation request and the received configuration ([0241] Correspondingly, the discard function in the RLC layer at the SeNB is set up such that the associated discard timer is started upon reception of a PDCP PDU from the PDCP layer of the MeNB and expires after a time as configured by the MeNB/SeNB according to one of the above ways; [0237] the SeNB configured a corresponding discard timer sent from the SeNB corresponds to discarding activation request requestingNB).
Basu does not explicitly teach
activation request.
Park teaches
activation request ([0108] The ARQ module 1240 uses automatic repeat request parameters set by the access node corresponding to a traffic flow in performing ARQ operations).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Basu disclosure, a request to perform discard function, as taught by Park. One would be motivated to do so for supporting quality of service differentiation between traffic flows in a communication system can be used with a wide range of communications systems.
Regarding claim 37, Basu and Park teach the method of Claim 31, wherein Basu further teaches the method further comprises:
activating the one or more discarding rules based on the discarding activation request, the activated one or more discarding rules trigger the WD to discard the one or more resources associated with the data unit ([0237] A corresponding configuration message shall be transmitted from the MeNB to the SeNB which allows the RLC layer of the SeNB to configure a corresponding discard timer for its discard functionality).
Claims 3 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Basu (US 20230179533 A1), in view of Park (US 20070243879 A1), and further in view of Stanwood (US 20110267951 A1).
Regarding claims 3 and 22, Basu and Park teach all limitations of parent Claims 2 and 21, Basu does not explicitly teach wherein the frame is one of a B-Frame, a P-Frame, and an I-Frame.
Stanwood teaches
the frame is one of a B-Frame, a P-Frame, and an I-Frame ([0115] the video packets are comprised of intra-coded frames ("I-frames"), predictive-coded frames ("P-frames"), and bidirectionally-predictive-coded frames ("B-frames")).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Basu disclosure, the frame is one of a B-Frame, a P-Frame, and an I-Frame, as taught by Stanwood. One would be motivated to do to discard P-frames and B-frames preferentially to I-frames for optimizing system performance by selectively discarding packets in capacity and spectrum constrained, multiple-access communication systems.
Conclusion
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 ANH NGUYEN whose telephone number is (571)270-0657. The examiner can normally be reached M-F.
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/ANH NGUYEN/Primary Examiner, Art Unit 2458
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