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 lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 11, 19 objected to because of the following informalities: Claims 11 and 19 recites different acronyms such as “DRB”, “LC”, “LCG” etc. These need to be written in full form at least the first time then are recited in the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 5, 7-9, 12-17, 19-20 and 25-28is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al. (US 2021/0337404 A1). Regarding claims 1, 2, Sun et al. discloses a method for wireless communication, comprising: transmitting, by a first network element, first quality of service (QoS) information to a second network element by (Para 76 teaches of transmitting QoS control information from the network element to the UE) : transmitting, by the first network element, a data packet via user plane to the second network element, wherein the data packet comprises the first QoS information (Para 76 teaches “The SMF network element sends a QoS profile corresponding to the QoS flow to the access network device by using an access and mobility management function (AMF) network element. The SMF network element sends a QoS rule (QoS rule) to the terminal device by using the AMF network element and the access network device, where the QoS rule includes QoS control information.”). Regarding claims 27, 28, Sun et al. discloses a An apparatus comprising: a memory storing instructions; and at least one processor in communication with the memory, wherein, when the at least one processor executes the instructions, the at least one processor is configured to cause the apparatus (Para 23-24 to perform: transmitting first quality of service (QoS) information to a network element (Para 76 teaches of transmitting QoS control information from the network element to the UE) by: transmitting a data packet via user plane to the network element, wherein the data packet comprises the first QoS information. (Para 76 teaches “The SMF network element sends a QoS profile corresponding to the QoS flow to the access network device by using an access and mobility management function (AMF) network element. The SMF network element sends a QoS rule (QoS rule) to the terminal device by using the AMF network element and the access network device, where the QoS rule includes QoS control information.”). Regarding claims 5, 25 Sun et al. discloses a method, wherein: the first QoS information comprises at least one of the following: one or more packet detection rules (PDRs), one or more policy control and charging (PCC) rules, one or more QoS profiles, one or more QoS rules, one or more QoS parameters, one or more QoS characteristics, one or more alternative QoS profiles, one or more alternative QoS sets, one or more QoS identifiers (IDs), one or more QoS information indexes, one or more QoS parameter ranges, one or more 5G QoS Identifiers(5QIs), one or more QoS profile indexes, one or more QoS parameter set indexes, one or more QoS parameter set index ranges, one or more QoS types, or one or more QoS groups. (Para 76 teaches “The SMF network element sends a QoS rule (QoS rule) to the terminal device by using the AMF network element and the access network device, where the QoS rule includes QoS control information.” And Para 228 teaches of “message 5 includes a PCC rule, the PCC rule includes a QoS identifier, and a QoS attribute corresponding to the QoS identifier includes first survival time information.”). Regarding claims 7, 26, Sun et al. discloses a method, wherein the data packet comprising the first QoS information comprises: the first QoS information is located in a header of the data packet; or the first QoS information is located in a pre-defined data region of the data packet, wherein: the first QoS information is transmitted, along with other data, in the pre-defined data region of the data packet, or the first QoS information is transmitted, alone, in the pre-defined data region of the data packet. (Para 78 teaches “On a downlink, when receiving a downlink data packet, the UPF network element uses a data packet header of the downlink data packet to carry a QFI based on the SDF information sent by the SMF network element”) Regarding claim 8, Sun et al. discloses a method, wherein the data packet comprising the first QoS information comprises: the first QoS information is located in one of the following: a PDU header, a control PDU, a data PDU, a MAC control element (CE), a PDU header field, or a PDU data field (Para 83-85 teaches of PDU sessions) . Regarding claim 9, Sun et al. discloses a method, further comprising: transmitting, by the first network element, second QoS information via control plane to the second network element. (Para 76 teaches “The SMF network element sends a QoS profile corresponding to the QoS flow to the access network device by using an access and mobility management function (AMF) network element. The SMF network element sends a QoS rule (QoS rule) to the terminal device by using the AMF network element and the access network device, where the QoS rule includes QoS control information.”). Regarding claim 12, Sun et al. discloses a method, wherein transmitting the first QoS information to the second network element comprises at least one of the following: transmitting the first QoS information in each packet to the second network element; transmitting the first QoS information in a first packet to the second network element; transmitting the first QoS information as an independent data packet to the second network element; transmitting the first QoS information in a packet in a periodical manner to the second network element; transmitting the first QoS information in a packet in a non-periodical manner to the second network element; transmitting the first QoS information in a total-sub QoS manner to the second network element; transmitting the first QoS information in differential QoS manner to the second network element; transmitting the first QoS information in a primary-secondary QoS manner to the second network element; or transmitting the first QoS information in one or more QoS-list manner to the second network element. (Para 78 teaches “On a downlink, when receiving a downlink data packet, the UPF network element uses a data packet header of the downlink data packet to carry a QFI based on the SDF information sent by the SMF network element”) Regarding claim 13, Sun et al. discloses a method, wherein transmitting the first QoS information to the second network element comprises: mapping, by the first network element, the first QoS information as data of a data flow; and transmitting, by the first network element, the first QoS information as the data flow to the second network element (Para 76 teaches “The SMF network element sends service data flow (SDF) information to a user plane function (UPF) network element, where the SDF information includes QoS control information.“). Regarding claim 14, Sun et al. discloses a method, wherein: the data flow is a shared data flow for the QoS information and the service data; or the data flow is a dedicated data flow for the QoS information. (Para 76 teaches “The SMF network element sends service data flow (SDF) information to a user plane function (UPF) network element, where the SDF information includes QoS control information.“). Regarding claim 15, Sun et al. discloses a method, wherein: the first QoS information corresponds to an entity, wherein the entity comprises at least one of the following: a serve data adaptation protocol (SDAP) entity, a packet data convergence protocol (PDCP) entity, a radio link control (RLC) entity, a medium access control (MAC) entity, a QoS related entity, a backhaul adaptation protocol (BAP) entity, or an integrated access backhaul (IAB) entity (See Fig 2 SMP , AMF). Regarding claim 16, Sun et al. discloses a method, wherein: a mapping method of the first QoS information comprises at least one of the following: mapping the first QoS information to a shared data radio bearer (DRB) with service data; mapping the first QoS information to a dedicated DRB without service data; mapping the first QoS information to a dedicated QoS radio bearer; mapping the first QoS information to a shared logic channel (LC) with service data; mapping the first QoS information to a dedicated logic channel (LC) without service data; mapping the first QoS information to a shared logic channel group (LCG) with service data; mapping the first QoS information to a dedicated logic channel group (LCG)without service data; mapping the first QoS information to a shared data channel with service data; or mapping the first QoS information to a dedicated data channel without service data.( Para 71 teaches “each QoS flow corresponds to one data radio bearer (DRB), and one DRB may correspond to one or more QoS flows.”) Regarding claim 17, Sun et al. discloses a method, wherein: the first QoS information is mapped to a data channel, and is transmitted to the second network element via the data channel (Para 71 teaches “each QoS flow corresponds to one data radio bearer (DRB), and one DRB may correspond to one or more QoS flows.”) Regarding claim 19, Sun et al. discloses a method wherein: the first QoS information is transmitted via the user plane at a granularity level to the second network element, wherein the granularity level comprises at least one of the following: on per-flow basis, on per-PDU basis, on per-PDU set basis, on per-frame basis, on per-packet basis, on per-TB basis, on per-DRB basis, on per-LC basis, on per-LCG basis, on per-physical channel basis, or on per-slot basis (Para 83-85 teaches of PDU sessions) . Regarding claim 20, Sun et al. discloses a method wherein: the first QoS information comprises at least one of the following: total QoS information, sub QoS information, hierarchic QoS information, QoS information with different priority, or QoS information in a tree structure. (Para 228 teaches of “message 5 includes a PCC rule, the PCC rule includes a QoS identifier, and a QoS attribute corresponding to the QoS identifier includes first survival time information.”).
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.
Claim(s) 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2021/0337404 A1) in view of Kim et al. (US 2022/0014966 A1). Regarding claim 11, Sun et al. discloses the claimed invention as set forth in claim 9 above. Sun et al. does not explicitly disclose a method further comprising at least one of the following: the first QoS information is mapped to a DRB, and the second QoS information is mapped to a signaling radio bearer (SRB); the first QoS information is transmitted via the user plane, and the second QoS information is transmitted via the control plane; the first QoS information is transmitted via a data flow, and the second QoS information is transmitted via a message; the first QoS information is transmitted via the data packet, and the second QoS information is transmitted via a signaling; or the first QoS information is transmitted via the data packet, and the second QoS information is transmitted via an information element (IE). However Kim et al discloses a method, further comprising at least one of the following: the first QoS information is mapped to a DRB, and the second QoS information is mapped to a signaling radio bearer (SRB); the first QoS information is transmitted via the user plane, and the second QoS information is transmitted via the control plane; the first QoS information is transmitted via a data flow, and the second QoS information is transmitted via a message; the first QoS information is transmitted via the data packet, and the second QoS information is transmitted via a signaling; or the first QoS information is transmitted via the data packet, and the second QoS information is transmitted via an information element (IE) (Para 326 and Para 366 teaches of sending QoS information via SRB and DRB) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the method of using the SRB and DRB to transmit QoS information of Kim et al. with the system of Sun et al. in order to provide a system with robust transmission and enhanced connection reliability. Regarding claim 18, Sun et al. discloses the claimed invention as set forth in claim 9 above. Sun et al. does not explicitly disclose a method further comprising: performing, by the first network element, a re-transmission of the data packet comprising the first QoS information via the user plane to the second network element, wherein the re-transmission comprises one of the following: an automatic repeat request (ARQ) re-transmission mechanism or a hybrid automatic repeat request (HARQ) re-transmission mechanism. However Kim et al discloses a method, further comprising: performing, by the first network element, a re-transmission of the data packet comprising the first QoS information via the user plane to the second network element, wherein the re-transmission comprises one of the following: an automatic repeat request (ARQ) re-transmission mechanism or a hybrid automatic repeat request (HARQ) re-transmission mechanism. (Para 132 teaches of retransmission with ARQ function when in lossless mode.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the method of using ARQ function to ensure lossless transmission of Kim et al. with the system of Sun et al. in order to provide a system with robust transmission and enhanced connection reliability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJAY P CATTUNGAL whose telephone number is (571)270-7525. The examiner can normally be reached M-F 9:00-5:00 PM.
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/AJAY CATTUNGAL/Primary Examiner, Art Unit 2467
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