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 .
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) 1-5, 10-14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Palyi (US 20150117205 A1) in view of Kwok (US 20220086681 A1).
Regarding claim 1, Palyi teaches a media unit transmission method, wherein the method comprises:
receiving, by a user plane network element, a media unit, wherein the media unit comprises a plurality of data packets; (Fig. 1: ECN capable routers receive data (e.g., media unit) from internet and forwarding the received data to User Equipment. [0003]: The demand for streaming movies, music, games etc. steady increases as the communication channels increase their capacity of sending or transmitting data. [0037]: ECN is an optional feature and is mainly useful at the user plane layer.)
setting, by the user plane network element, marking information for the media unit, wherein the marking information is for determining that the media unit is a media unit allowed to be discarded; and (Claim 7 and [0022]: the ECN flag has been set by an ECN capable router. [0023]: data packet comprising information about a packet drop precedence value and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value.)
sending, by the user plane network element, the media unit that carries the marking information. (Fig. 1 and [0035]: ECN routers are part of the transport network. [0038]: the network node to receive a data packet from the transport network and forward or drop the received data packets depending on the settings of the ECN flag.)
Palyi does not explicitly disclose wherein the marking information indicates importance information of the media unit based on a type of the media unit.
However, Kwok teaches wherein the marking information indicates importance information of the media unit based on a type of the media unit. ([0014]: The data packet prioritization can be based on attributes associated with a UE. For example, a priority level can be based on a type of data traffic, such as web browsing, streaming (e.g., videos, music, etc.), gaming, and the like. [0093]: the queue(s) include a high priority queue and a lower priority queue, the PDCP layer may apply a timeout mechanism to the data packets of the lower priority queue so that data packets that have been in the lower priority queue for a predetermined amount of time without being transmitted are discarded.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include above limitation into Palyi. One would have been motivated to do so because the data packet prioritization can be based on attributes associated with a UE. For example, a priority level can be based on a type of data traffic, such as web browsing, streaming (e.g., videos, music, etc.), gaming, and the like. As taught by Kwok, [0014].
Regarding claim 2, Palyi and Kwok teach the method of claim 1.
Palyi teaches wherein the setting, by the user plane network element, marking information for the media unit comprises: setting, by the user plane network element, the marking information for the media unit when the media unit is the media unit allowed to be discarded. (Claim 7 and [0022]: the ECN flag has been set by an ECN capable router. [0023]: data packet comprising information about a packet drop precedence value and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value.)
Regarding claim 3, Palyi and Kwok teach the method of claim 2.
Palyi teaches receiving, by the user plane network element from a session management network element or an application server, information that is used for determining the media unit allowed to be discarded. (Fig. 2 and [0036]-[0037]: In a General Packet Radio Service, GPRS, network the equivalent of the PGW 10 is the Gateway GPRS Support Node, GGSN, and is responsible for the interworking between the GPRS network and external packet data networks, like the Internet and X.25 networks. The ECN aware router 60 is a router that supports explicit congestion notification in order to propagate ECN signals. The ECN signals or ECN flag is carried in the Internet Protocol, IP, header, such as the GPRS Tunneling Protocol for User Plane GTP-U or the Control And Provisioning of Wireless Access Points, CAPWAP, packet from the transport layer to the user plane layer at eNB 20 or AP 40.) It is well-known in the art that in 3G (UMTS) systems, the primary network element responsible for packet-switched session management is the Serving GPRS Support Node (SGSN), working in conjunction with the Gateway GPRS Support Node (GGSN).
Regarding claim 4, Palyi and Kwok teach the method of claim 3.
Palyi teaches wherein the information that is used for determining the media unit allowed to be discarded comprises at least one of type information of the media unit allowed to be discarded, location information of the media unit allowed to be discarded, a sequence number of the media unit allowed to be discarded, or media unit discarding allowance indication information. ([0023]: data packet comprising information about a packet drop precedence value and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value. The packet drop precedence value may be indicated in the RAN or IP header.)
Regarding claim 5, Palyi and Kwok teach the method of claim 1.
Palyi teaches wherein the setting, by the user plane network element, marking information for the media unit comprises: determining, by the user plane network element, the importance information of the media unit; and setting, by the user plane network element, the marking information for the media unit based on the importance information of the media unit. (Claim 7 and [0022]: the ECN flag has been set by an ECN capable router. [0023]: data packet comprising information about a packet drop precedence value (e.g., importance information) and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value. The packet drop precedence value may be indicated in the RAN or IP header. [0038]: It causes the network node to receive a data packet from the transport network and forward or drop the received data packets depending on the settings of the ECN flag.)
Regarding claim 10, Palyi teaches a media unit transmission method, wherein the method comprises:
receiving, by an access network device, a media unit that carries marking information, wherein the media unit comprises at least one data packet, and the marking information is for determining that the media unit is a media unit allowed to be discarded; and (Fig. 1: ECN capable routers receive data (e.g., media unit) from internet and forwarding the received data to User Equipment via an evolved Node B, eNB 20, a Node B, NB, 30, and an Access Point, AP, 40, depending on the type of communications network. Claim 7 and [0022]: the ECN flag has been set by an ECN capable router. [0023]: data packet comprising information about a packet drop precedence value and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value.) It is well-known in the art that in a 3G system, the primary access network device is the Node B.
discarding, by the access network device, the media unit based on the marking information. ([0038]: an exemplary network node, such as the PGW 10, the ENB 20, the NB 30 or the AP 40 depicted in FIG. 1. It causes the network node to receive a data packet from the transport network and forward or drop the received data packets depending on the settings of the ECN flag.)
Palyi does not explicitly disclose wherein the marking information indicates importance information of the media unit based on a type of the media unit.
However, Kwok teaches wherein the marking information indicates importance information of the media unit based on a type of the media unit. ([0014]: The data packet prioritization can be based on attributes associated with a UE. For example, a priority level can be based on a type of data traffic, such as web browsing, streaming (e.g., videos, music, etc.), gaming, and the like. [0093]: the queue(s) include a high priority queue and a lower priority queue, the PDCP layer may apply a timeout mechanism to the data packets of the lower priority queue so that data packets that have been in the lower priority queue for a predetermined amount of time without being transmitted are discarded.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include above limitation into Palyi. One would have been motivated to do so because the data packet prioritization can be based on attributes associated with a UE. For example, a priority level can be based on a type of data traffic, such as web browsing, streaming (e.g., videos, music, etc.), gaming, and the like. As taught by Kwok, [0014].
Regarding claim 11, Palyi and Kwok teach the method of claim 10.
Palyi teaches receiving, by the access network device, a parameter that is from a session management network element and that is for processing the media unit; and (Fig. 2 and [0036]-[0037]: In a General Packet Radio Service, GPRS, network the equivalent of the PGW 10 is the Gateway GPRS Support Node, GGSN, and is responsible for the interworking between the GPRS network and external packet data networks, like the Internet and X.25 networks. The ECN aware router 60 is a router that supports explicit congestion notification in order to propagate ECN signals. The ECN signals or ECN flag is carried in the Internet Protocol, IP, header, such as the GPRS Tunneling Protocol for User Plane GTP-U or the Control And Provisioning of Wireless Access Points, CAPWAP, packet from the transport layer to the user plane layer at eNB 20 or AP 40.) It is well-known in the art that in 3G (UMTS) systems, the primary network element responsible for packet-switched session management is the Serving GPRS Support Node (SGSN), working in conjunction with the Gateway GPRS Support Node (GGSN).
wherein the discarding, by the access network device, the media unit based on the marking information comprises: discarding, by the access network device, the media unit based on the marking information and the parameter for processing the media unit. ([0023]: data packet comprising information about a packet drop precedence value and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value.)
Regarding claim 12, Palyi and Kwok teach the method of claim 1.
Palyi teaches wherein the marking information indicates that the media unit is the media unit allowed to be discarded. (Claim 7 and [0022]: the ECN flag has been set by an ECN capable router. [0023]: data packet comprising information about a packet drop precedence value and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value.)
Regarding claim 13, Palyi and Kwok teach the method of claim 1.
Palyi teaches wherein the discarding, by the access network device, the media unit based on the marking information comprises: discarding, by the access network device, the media unit based on the importance information of the media unit. ([0038]: an exemplary network node, such as the PGW 10, the ENB 20, the NB 30 or the AP 40 depicted in FIG. 1. It causes the network node to receive a data packet from the transport network and forward or drop the received data packets depending on the settings of the ECN flag.)
Regarding claim 14, Palyi and Kwok teach the method of claim 10.
Kwok teaches wherein the discarding, by the access network device, the media unit based on the marking information comprises: discarding, by the access network device, the media unit based on the type information of the media unit. ([0014]: The data packet prioritization can be based on attributes associated with a UE. For example, a priority level can be based on a type of data traffic, such as web browsing, streaming (e.g., videos, music, etc.), gaming, and the like. [0093]: the queue(s) include a high priority queue and a lower priority queue, the PDCP layer may apply a timeout mechanism to the data packets of the lower priority queue so that data packets that have been in the lower priority queue for a predetermined amount of time without being transmitted are discarded.)
Same rationales apply to claim 19 (apparatus) because it is substantially similar to claim 1 (method).
Same rationales apply to claim 20 (apparatus) because it is substantially similar to claim 10 (method).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Palyi (US 20150117205 A1) in view of Kwok (US 20220086681 A1), and in view of Todd (US 20080175148 A1).
Regarding claim 6, Palyi and Kwok teach the method of claim 1.
Palyi and Kwok do not explicitly disclose wherein the setting, by the user plane network element, marking information for the media unit comprises: determining, by the user plane network element, type information of the media unit; and setting, by the user plane network element, the marking information for the media unit based on the type information of the media unit.
However, Todd teaches wherein the setting, by the user plane network element, marking information for the media unit comprises: determining, by the user plane network element, the type information of the media unit; and setting, by the user plane network element, the marking information for the media unit based on the type information of the media unit. ([0006]: uses an active router to selectively drop MPEG video packets based on a client's requests or on router-detected bandwidth constraints. MPEG frame types such as Bs then Ps may be dropped, starting with the last Ps in a GOP to assure that other Ps can be decoded.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include above limitation into Palyi and Kwok. One would have been motivated to do so because one conventional approach for effecting packet drops is disclosed by Ravindra et al., in “Active Router Approach for Selective Packet Discard of Streamed MPEG video under Low Bandwidth Conditions”, 0-7803-6536-4/00, 2000 IEEE. This approach uses an active router to selectively drop MPEG video packets based on a client's requests or on router-detected bandwidth constraints. MPEG frame types such as Bs then Ps may be dropped, starting with the last Ps in a GOP to assure that other Ps can be decoded. As taught by Todd, [0006].
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Palyi (US 20150117205 A1) in view of Kwok (US 20220086681 A1), and in view of Oettl (US 20160142935 A1).
Regarding claim 7, Palyi and Kwok teach the method of claim 1.
Palyi teaches wherein the setting, by the user plane network element, marking information for the media unit comprises: receiving, by the user plane network element, first indication information; and setting, by the user plane network element, the marking information for the received media unit based on the first indication information. ([0023]: data packet comprising information about a packet drop precedence value and an Explicit Congestion Notification, ECN, flag, comprising information about congestions in the transport network; and drop received data packets in the network node, in response to an indication by the ECN flag that there is congestion in the transport network and based on the packet drop precedence value. The packet drop precedence value may be indicated in the RAN or IP header. [0037]: ECN is an optional feature and is mainly useful at the user plane layer.)
Palyi and Kwok do not explicitly disclose receiving, by the user plane network element, first indication information from a session management network element.
Oettl teaches receiving, by the user plane network element, first indication information from a session management network element. ([0041]: the gateway entity (i.e. PGW, GGSN, etc.) receiving the congestion indication forwards the congestion indication to the external TDF entity (either via PCRF or directly in user plane packets).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include above limitation into Palyi and Kwok. One would have been motivated to do so because the congestion feedback (e.g. in the form of a congestion indication) should be transported so as to reach the responsible gateway entity of the core network as fast as possible to allow for a fast reaction in terms of RAN user-plane congestion management/mitigation in the core network. As taught by Oettl, [0062].
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Palyi (US 20150117205 A1) in view of Kwok (US 20220086681 A1), and in view of Cheng (US 20190380167 A1).
Regarding claim 8, Palyi and Kwok teach the method of claim 1.
Palyi and Kwok do not explicitly disclose setting, by the user plane network element, an identifier of a media unit group for the media unit, wherein the media unit group comprises at least one media unit.
However, Cheng teaches setting, by the user plane network element, an identifier of a media unit group for the media unit, wherein the media unit group comprises at least one media unit. ([0036]: the SM function entity receives data packet identifier information sent by the DN side user plane (UP) function entity.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include above limitation into Palyi and Kwok. One would have been motivated to do so because the SM function entity receives data packet identifier information sent by the DN side UP function entity; The SM function entity searches for session information related to the target UE in the stored UE context according to the data packet identifier information; If the session information related to the target UE is not found, e SM function entity sends a third user plane configuration instruction to the DN side UP function entity, the third user plane configuration instruction is used to instruct the DN side UP function entity to discard data packet corresponding to the data packet identifier information. As taught by Cheng, [0036]-[0039].
Regarding claim 9, Palyi, Kwok and Cheng teach the method of claim 8.
Cheng teaches receiving, by the user plane network element, third indication information from a session management network element; and setting, by the user plane network element, the identifier of the media unit group for the received media unit based on an indication of the third indication information. ([0030]-[0036]: the SM function entity receives a user plane connection activation request sent by the MM function entity; the SM function entity selects a target UP function entity for the UE according to the user plane connection activation request and session related information; the session related information (e.g. indication information) includes at least one of the following: location information of the UE, service demand, node load, and congestion degree of a link. The SM function entity receives data packet identifier information sent by the DN side UP function entity.)
Allowable Subject Matter
Claims 15-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fail to explicitly disclose each and every limitation recited in claim 15 and claim 18. Claims 16-17 are dependent claims of claim 15.
Response to Arguments
Applicant’s arguments, see pages 7-8 of the Remarks, filed on 04/24/2026, with respect to the rejection(s) of claims 1-14 and 19-20 under 35 U.S.C. § 102 and 35 U.S.C. § 103 have been fully considered but are moot in view of new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ZI YE/Primary Examiner, Art Unit 2455
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