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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter for the following reason. This claim recites “readable storage medium”, which may be understood, pursuant to the broadest reasonable interpretation standard, to encompass signals and transitory waveforms, which are non-statutory subject matter. Applicant may traverse this rejection by amending this claim to read “NONTRANSITORY readable storage medium”, to the extent the necessary support exists in the original disclosure.
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) 5 and 15,18,19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2022/0217815 A1 to Gundavelli et al.
AS to claim 5, Gundavelli discloses a data transmission method of a communication system, comprising (Fig. 3B, UE 305 disclosing “terminal” and CBSD+MAG 310 disclosing “network side device”):
receiving, by a terminal, an RRC reconfiguration message sent by a network-side device, wherein the RRC reconfiguration message carries first information, the first information being used to indicate establishment of a first plane bearer (Fig. 3B, paragraphs 35-44, especially paragraph 43, step 358 RRC Connection Reconfiguration Request, which establishes a “data plane” bearer);
establishing, by the terminal, the first plane bearer and sending an RRC reconfiguration complete message to the network-side device (Fig. 3B, paragraphs 35-44, especially paragraph 43, step 360 RRC Connection Reconfiguration Complete, which establishes a “data plane” bearer); and
transmitting, by the terminal, data of a first plane through the first plane bearer (Fig. 3B, paragraphs 35-44, especially paragraph 43, step 366 “data plane established between UE and CTF”);
wherein the first plane bearer is used to transmit data of the first plane, the first plane is used to transmit data terminated at an internal node of a communication network, and the first plane is different from a control plane and a user plane (Fig. 3B, paragraphs 35-44, especially paragraph 43, step 366 “data plane established between UE and CTF”).
As to claims 15,18,19, see rejection for claim 5.
Allowable Subject Matter
Claims 1-4, 17 are allowed.
Claims 6-14, 16 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.
Claim 20 may potentially be allowable if all outstanding rejections are successfully traversed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 2014/0126527 A1 to Xiong et al.
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/CHI TANG P CHENG/Primary Examiner, Art Unit 2463
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