DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The instant application No. 18899435 has claims 1-10 and 12-20 are pending.
2 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Applicant is advised that should claim 12 be found allowable, claim 19 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-7 and 17-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kumar et al. (Pub. No. US 2022/0217560 A1; hereinafter Kumar).
Regarding claim 1, Kumar discloses a wireless communication method for use in a wireless terminal, the wireless communication method comprising: receiving, from a wireless network node, a quality of experience (QoE) measurement configuration for a non-connected state, (20220217560-See 0048, receive, from the base station, a QoE measurement information configuration for reporting QoE measurement information; See 0104, s, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.)
wherein the non-connected state comprises an idle state and/or an inactive state. (See 0104, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.)
Regarding claim 3, Kumar discloses the QoE measurement configuration for the non-connected state is an application layer measurement configuration, AppLayerMeasConfig, (See 0087, The RRC configuration may include, and/or may indicate, a measurement configuration for the application layer (e.g., measConfigAppLayer). The measurement configuration for the application layer may include, and/or may indicate, the QoE configuration information and/or a service type of the application (e.g., streaming and/or multimedia broadcast multicast service (MBMS), among other examples).)
and the QoE measurement configuration comprises at least one of: a measurement Configuration App Layer identifier,a service Type, a number of Buffer Level Entries, or a Report Playout Delay For Media Start up. (See 0048, receive, from the base station, a QoE measurement information configuration for reporting QoE measurement information; See 0104, s, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.)
Regarding claim 4, Kumar discloses the wireless terminal is in the non-connected state, and wherein the wireless communication method further comprises: switching to a connected state based on at least one triggering event, and transmitting, to the wireless network node, QoE measurement information. (See 0188, where reporting the QoE measurement is triggered based on receiving the information at a RRC layer. The means for performing the QoE measurement associated with the one or more types of services may be further configured to at least one of perform the QoE measurement for a plurality of types of services of the one or more types of services; See 0159, transmitting, after entering an RRC connected mode, the set of QoE measurements (block 1220). For example, the UE (e.g., using transmission component 1434, depicted in FIG. 14) may transmit, after entering an RRC connected mode, the set of QoE measurements, as described above; interpreted that since the UE is triggering the reporting the QOE measurement in connected mode)
Regarding claim 5, Kumar discloses transmitting, to the wireless network node, capability information of supporting QoE measurements in the non-connected state. (See 0048, he UE 104 may include a UE capabilities indication component 198a configured to transmit, to a base station, an indication of one or more UE capabilities for at least one of multiple instances or simultaneous instances of one or more QoE measurements associated with one or more types of services; the UE 104 may include a QoE measurements component 198b configured to obtain, in association with a UE capabilities indication that the UE supports QoE measurements while in a radio resource control (RRC) idle mode or an RRC inactive mode, a set of QoE measurements associated with a service type)
Regarding claim 6, Kumar discloses a wireless communication method for use in a wireless network node, the wireless communication method comprising: transmitting, to a wireless terminal, a quality of experience (QoE) measurement configuration for a non-connected state, (20220217560-See 0048, receive, from the base station, a QoE measurement information configuration for reporting QoE measurement information; See 0104, s, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.) wherein the non-connected state comprises an idle state and/or an inactive state. (See 0104, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.)
Regarding claim 7, Kumar discloses the wireless terminal is in the non-connected state, andwherein the wireless communication method further comprises receiving, from the wireless terminal, an indication of a QoE measurement reporting being triggered. (See 0188, where reporting the QoE measurement is triggered based on receiving the information at a RRC layer. The means for performing the QoE measurement associated with the one or more types of services may be further configured to at least one of perform the QoE measurement for a plurality of types of services of the one or more types of services;See 0083, reporting triggers may be configured for the SA4 container/application layer container (e.g., per service type and/or per trace identifier (ID)/reference ID) for reporting, at 418, the QoE measurement information per service type and/or per reference ID.)
Regarding claim 17, Kumar discloses a wireless network node comprising a processor, wherein the processor is further configured to perform (See 0146, the entire base station 102/404 or a component of the base station 102/404, such as the TX processor 316, the RX processor 370, and/or the controller/processor 375.) transmitting, to a wireless terminal, a quality of experience (QoE) measurement configuration for a non-connected state, (20220217560-See 0048, receive, from the base station, a QoE measurement information configuration for reporting QoE measurement information; See 0104, s, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.) wherein the non-connected state comprises an idle state and/or an inactive state. (See 0104, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.)
Regarding claim 18, Kumar discloses the wireless terminal is in the non-connected state, and wherein the processor is further configured to perform receiving, from the wireless terminal, an indication of a QoE measurement reporting being triggered. (See 0188, where reporting the QoE measurement is triggered based on receiving the information at a RRC layer. The means for performing the QoE measurement associated with the one or more types of services may be further configured to at least one of perform the QoE measurement for a plurality of types of services of the one or more types of services;See 0083, reporting triggers may be configured for the SA4 container/application layer container (e.g., per service type and/or per trace identifier (ID)/reference ID) for reporting, at 418, the QoE measurement information per service type and/or per reference ID.)
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) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar in view of Babaei (Pub. No. US 2024/0365150 A1; hereinafter Babaei).
Regarding claim 2, Kumar fails to disclose receiving, from the wireless network node, the QoE measurement configuration for the non- connected state comprises: receiving, from the wireless network node, an indication of the QoE measurement configuration for a connected state being applicable for the QoE measurement configuration for the non-connected state,wherein the indication is in a radio resource control (RRC) reconfiguration message or an RRC resume message.
Babaei discloses receiving, from the wireless network node, the QoE measurement configuration for the non- connected state comprises: receiving, from the wireless network node, an indication of the QoE measurement configuration for a connected state being applicable for the QoE measurement configuration for the non-connected state,wherein the indication is in a radio resource control (RRC) reconfiguration message or an RRC resume message. (20240365150-see 0152, For certain applications/QoE configurations, QoE measurements may be required to be performed by the UE during the RRC Inactive state and may be required to be transmitted upon transitioning of the UE to an RRC connected state; See 0153, a UE may receive one or more RRC messages (e.g., comprising one or more RRC reconfiguration messages) comprising configuration parameters of one or more QoE configurations; See 0159, a user equipment (UE) may receive a radio resource control (RRC) message comprising configuration parameters of one or more QoE configurations. The UE may receive an RRC release message indicating transitioning of the UE from an RRC connected state to an RRC inactive state. The UE may perform QoE measurements at least for one or more first QoE configurations of the one or more QoE configurations while the UE is in the RRC inactive state. The UE may determine to transition from the RRC inactive state to the RRC connected state. The UE may transmit one or more QoE measurement reports in response to the determining to transition; See 0176, the radio resource control (RRC) message may be a RRC reconfiguration message.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify discloses receiving configuration for QOE measurement to include the configuration for measurement is for both inactive state and RRC connected state. The motivation to combine is for Quality of Experience (QoE) measurement and reporting, that is, QoE mechanisms that support QoE measurements during the RRC inactive state, i.e., enable and enhance processes for the QoE measurement during the RRC inactive state (See 0003).
Claim(s) 8-10, 12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Eklof et al. (Pub. No. US 2023/0284058 A1; hereinafter Eklof) in view of Cao et al. (WO2024027805A1; hereinafter Cao).
Regarding claim 8, Eklof disclose a wireless communication method for use in a wireless terminal, the wireless communication method comprising: receiving, from a first wireless network node or a second wireless network node, a quality of experience (QoE) measurement configuration for a dual-connectivity mode, (20230284058-See 0240, UE can receive an RRC message including a QoE measurement configuration, and receive the same or a different RRC message including configuration for QoE measurements in DC; See 0247, RNN (e.g., MN) can configure a UE to send QoE measurement reports on one or more DC legs depending on the configuration and the situation in the network, e.g., load situation.) wherein the first wireless network node is one of a master node and a secondary node and the second wireless network node is another one of the master node and the secondary node, (See 0240, UE can receive an RRC message including a QoE measurement configuration, and receive the same or a different RRC message including configuration for QoE measurements in DC; See 0247, RNN (e.g., MN) can configure a UE to send QoE measurement reports on one or more DC legs depending on the configuration and the situation in the network, e.g., load situation.)
However, Eklof fails to disclose the QoE measurement information is transmitted to the master node via a signaling radio bearer 4, and the QoE measurement information is transmitted to the secondary node via a signaling radio bearer 5 configured for reporting the QoE measurement information associated with the dual-connected mode.
Cao disclose the QoE measurement information is transmitted to the master node via a signaling radio bearer 4, (page 43, the second radio bearer used to transmit the second QoE measurement report is the signaling radio bearer SRB4 in the second radio bearer; page 16, dual connectivity means the terminal can connect to access network devices (for example, MN and SN) at the same time.) and the QoE measurement information is transmitted to the secondary node via a signaling radio bearer 5 configured for reporting the QoE measurement information associated with the dual-connected mode. (page 42, the first radio bearer used to transmit the first QoE measurement report is the signaling radio bearer SRB5 in the first radio bearer)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving measurement configurations for SN and MN to include SN and MN measurement reports are transmitted on their respectful radio bearer. The motivation to combine is MN and SN can perform network optimization based on measurement results (Page 2).
Regarding claim 9, Eklof discloses transmitting QoE measurement information associated with the dual-connectivity mode to the first wireless network node based on the QoE measurement configuration for the dual-connectivity mode. (See 0232, configuration of QoE measurements for UEs in DC with a MN and a SN, and reporting of configured QoE measurements to one or both of the MN and the SN.)
Regarding claims 10 and 20, Eklof disclose receiving, from the first wireless network node or the second wireless network node, an indication associated with reporting the QoE measurement information, (See 0240, UE can receive an RRC message including a QoE measurement configuration, and receive the same or a different RRC message including configuration for QoE measurements in DC; See 0247, RNN (e.g., MN) can configure a UE to send QoE measurement reports on one or more DC legs depending on the configuration and the situation in the network, e.g., load situation.) transmitting, to the second wireless network node or the first wireless network node, the QoE measurement information, (See 0232, reporting of configured QoE measurements to one or both of the MN and the SN) wherein the indication is in a radio resource control message. See 0240, UE can receive an RRC message including a QoE measurement configuration, and receive the same or a different RRC message including configuration for QoE measurements in DC; See 0247, RNN (e.g., MN) can configure a UE to send QoE measurement reports on one or more DC legs depending on the configuration and the situation in the network, e.g., load situation.)
Regarding claims 12 and 19, Eklof disclose a wireless terminal comprising a processor, wherein the processor is further configured to perform the wireless communication method according to (See 0361, application program 2525 can include executable program instructions (also referred to as a computer program product) that, when executed by processor 2501, can configure UE 2500 to perform operations corresponding to various exemplary methods (e.g., procedures) described herein.) receiving, from a first wireless network node or a second wireless network node, a quality of experience (QoE) measurement configuration for a dual-connectivity mode, (20230284058-See 0240, UE can receive an RRC message including a QoE measurement configuration, and receive the same or a different RRC message including configuration for QoE measurements in DC; See 0247, RNN (e.g., MN) can configure a UE to send QoE measurement reports on one or more DC legs depending on the configuration and the situation in the network, e.g., load situation.) wherein the first wireless network node is one of a master node and a secondary node and the second wireless network node is another one of the master node and the secondary node, (See 0240, UE can receive an RRC message including a QoE measurement configuration, and receive the same or a different RRC message including configuration for QoE measurements in DC; See 0247, RNN (e.g., MN) can configure a UE to send QoE measurement reports on one or more DC legs depending on the configuration and the situation in the network, e.g., load situation.)
However, Eklof fails to disclose the QoE measurement information is transmitted to the master node via a signaling radio bearer 4, and the QoE measurement information is transmitted to the secondary node via a signaling radio bearer 5 configured for reporting the QoE measurement information associated with the dual-connected mode.
Cao disclose the QoE measurement information is transmitted to the master node via a signaling radio bearer 4, (page 43, the second radio bearer used to transmit the second QoE measurement report is the signaling radio bearer SRB4 in the second radio bearer; page 16, dual connectivity means the terminal can connect to access network devices (for example, MN and SN) at the same time.) and the QoE measurement information is transmitted to the secondary node via a signaling radio bearer 5 configured for reporting the QoE measurement information associated with the dual-connected mode. (page 42, the first radio bearer used to transmit the first QoE measurement report is the signaling radio bearer SRB5 in the first radio bearer)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving measurement configurations for SN and MN to include SN and MN measurement reports are transmitted on their respectful radio bearer. The motivation to combine is MN and SN can perform network optimization based on measurement results (Page 2).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Eklof in view of Cao and further in view of Babaei (Pub. No. US 2024/0365150 A1; hereinafter Babaei).
Regarding claim 13, Eklof in view of Cao fails to disclose receiving, from the wireless network node, the QoE measurement configuration for the non-connected state comprises: receiving, from the wireless network node, an indication of the QoE measurement configuration for a connected state being applicable for the QoE measurement configuration for the non-connected state,wherein the indication is in a radio resource control (RRC) reconfiguration message or an RRC resume message.
Babaei discloses receiving, from the wireless network node, the QoE measurement configuration for the non-connected state comprises: receiving, from the wireless network node, an indication of the QoE measurement configuration for a connected state being applicable for the QoE measurement configuration for the non-connected state,wherein the indication is in a radio resource control (RRC) reconfiguration message or an RRC resume message. (20240365150-see 0152, For certain applications/QoE configurations, QoE measurements may be required to be performed by the UE during the RRC Inactive state and may be required to be transmitted upon transitioning of the UE to an RRC connected state; See 0153, a UE may receive one or more RRC messages (e.g., comprising one or more RRC reconfiguration messages) comprising configuration parameters of one or more QoE configurations; See 0159, a user equipment (UE) may receive a radio resource control (RRC) message comprising configuration parameters of one or more QoE configurations. The UE may receive an RRC release message indicating transitioning of the UE from an RRC connected state to an RRC inactive state. The UE may perform QoE measurements at least for one or more first QoE configurations of the one or more QoE configurations while the UE is in the RRC inactive state. The UE may determine to transition from the RRC inactive state to the RRC connected state. The UE may transmit one or more QoE measurement reports in response to the determining to transition; See 0176, the radio resource control (RRC) message may be a RRC reconfiguration message.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify discloses receiving configuration for QOE measurement to include the configuration for measurement is for both inactive state and RRC connected state. The motivation to combine is for Quality of Experience (QoE) measurement and reporting, that is, QoE mechanisms that support QoE measurements during the RRC inactive state, i.e., enable and enhance processes for the QoE measurement during the RRC inactive state (See 0003).
Claim(s) 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Eklof in view of Cao and further in view of Kumar et al. (Pub. No. US 2022/0217560 A1; hereinafter Kumar).
Regarding claim 14, Eklof in view of Cao fails discloses the QoE measurement configuration for the non-connected state is an application layer measurement configuration, AppLayerMeasConfig, and the QoE measurement configuration comprises at least one of: a measurement Configuration App Layer identifier, a service Type, a number of Buffer Level Entries, or a Report Playout Delay For Media Start up.
Kumar discloses the QoE measurement configuration for the non-connected state is an application layer measurement configuration, AppLayerMeasConfig, and the QoE measurement configuration comprises at least one of: a measurement Configuration App Layer identifier, a service Type, a number of Buffer Level Entries, or a Report Playout Delay For Media Start up. (20220217560-See 0077, The UE 402 may be configured to perform, at 414, simultaneous QoE measurements for the plurality of service types and/or multiple instances of QoE measurements for a single service type; See 0104, the QoE configuration information may indicate that the UE is to report QoE measurements that are obtained while the UE is in RRC idle mode or RRC inactive mode.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify dual connectivity for QOE measurement to include the measure configuration include service type. The motivation to combine is QoE server receiving the QoE measurements, the application server may improve communication with the UE (See 0132).
Regarding claim 15, Eklof in view of Cao fails discloses the wireless terminal is in the non-connected state, and wherein the processor is further configured to: switch to a connected state based on at least one triggering event, and transmit, to the wireless network node, QoE measurement information.
Kumar discloses switch to a connected state based on at least one triggering event, and transmit, to the wireless network node, QoE measurement information. (20220217560-See 0123, he RRC configuration may indicate that the UE is to perform one or more operations associated with obtaining and/or reporting QoE measurements that are associated with the QoE server. In some aspects, the RRC configuration may indicate that the UE is in an RRC connected state; See 0130-131, he UE may transmit, and the base station may receive, a QoE measurement report)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify dual connectivity for QOE measurement to include the measure configuration include service type. The motivation to combine is QoE server receiving the QoE measurements, the application server may improve communication with the UE (See 0132).
Regarding claim 16, Eklof in view of Cao fails discloses the processor is further configured to: transmit, to the wireless network node, capability information of supporting QoE measurements in the non-connected state.
Kumar discloses the processor is further configured to: transmit, to the wireless network node, capability information of supporting QoE measurements in the non-connected state.
transmit, to the wireless network node, capability information of supporting QoE measurements in the non-connected state. (20220217560-See 0190, obtaining, in association with a UE capabilities indication that the UE supports the QoE measurements while in an RRC idle mode or an RRC inactive mode, one or more QoE measurements associated with a service type)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify dual connectivity for QOE measurement to include the measure configuration include service type. The motivation to combine is QoE server receiving the QoE measurements, the application server may improve communication with the UE (See 0132).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rune et al. (Pub. No. US 2024/0098532 A1)-See 0077, One approach to handling QoE measurements for a UE when setting up and operating in dual connectivity, with a first network node acting as MN and a second network node acting as SN, might comprise the following steps, as performed by a first RAN node
Kim (Patent No. US 12,149,986 B2)-Col. 23 Lines 63-67 and Col. 24 Lines 1-4, Different types of UEs have different QoE requirements, resource allocation should be based on the UE's requirements. QoE parameters can be defined as UE-specific and service related. In addition, QoE can be used as a criteria to evaluate network quality. In the past, it was normally used the metrics such as throughput, capacity and coverage for performance evaluations for network solutions. By using QoE parameters, solutions could be evaluated in different aspects and more related to user and service experience.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEJIS DAYA whose telephone number is (571)270-7817. The examiner can normally be reached 6:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Jensen can be reached at 571-270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Tejis Daya/Primary Examiner, Art Unit 2472
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