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 .
DETAILED ACTION
This office action is in response to the application filed on 10/07/2024.
Claims 1-20 are currently pending.
Claims 1-20 are rejected.
Claims 1, 8 and 15 are independent claims.
- Claim Objection
5. Claim 1 is objected to because of the following informalities: “; and” in line 8 should be “;”. Appropriate correction is required.
6. Claim 8 is objected to because of the following informalities: “; and” in line 9 should be “;”. Appropriate correction is required.
7. Claim 15 is objected to because of the following informalities: “a wireless device” in line 4 should be “the wireless device”. Appropriate correction is required.
8. Claim 19 is objected to because of the following informalities: “The method of claim 15” in line 4 should be “The method of claim 18”. Appropriate correction is required.
Double Patenting
9. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (WAJCERPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (WAJCERPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (WAJCERPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
10. Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,144,057. Although the conflicting claims are not identical, they are not patentably distinct from each other because limitations in claims 1-14 of the instant application recites limitations which reads on limitations of claims 1-20 of U.S. Patent No. 12,144,057. The claimed limitations recited in the present application are transparently found in U.S. Patent No. 12,144,057 with obvious wording variations.
11. Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,570,844. Although the conflicting claims are not identical, they are not patentably distinct from each other because limitations in claims 1-14 of the instant application recites limitations which reads on limitations of claims 1-20 of U.S. Patent No. 11,570,844. The claimed limitations recited in the present application are transparently found in U.S. Patent No. 11,570,844 with obvious wording variations.
Claim Rejections - 35 USC § 103
12. 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 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.
13. 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 of this title, 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.
14. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
15. Claims 15-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Seokjung KIM et al. (US 2021/0160949 A1), hereinafter KIM, in view of Oscar Ohlsson et al. (US 2019/0357296 A1), hereinafter Ohlsson.
For claim 15, KIM teaches a method, comprising:
receiving, by a wireless device from a first base station, a radio resource control (RRC) message requesting to suspend an RRC connection of the wireless device (KIM, Fig. 11 steps S1108-S1114 and paragraphs 153-157 teach receiving, by an UE from a last serving gNB via a current gNB, a radio resource control (RRC) message requesting to suspend an RRC connection of the wireless device.);
while the wireless device is in a radio resource control (RRC) inactive state or RRC idle state (KIM, Fig. 11 step S1100 and paragraph 155.),
transmitting, by the wireless device to a second base station, one or more parameters to be forwarded to the first base station, wherein the one or more parameters comprise: the resume identity; and uplink data associated with a small data transmission, SDT, procedure (KIM, Fig. 11 steps S1102-S1104 and paragraphs 149-151 teach transmitting, by the UE to the current gNB, RRC Recume Request message and UL data. Since the UL data is transmitting during the RRC inactive state, the UL data is associated with a SDT procedure.); and
receiving, by the wireless device from the second base station, an RRC release message after the wireless device verification procedure and sends the RRC release message to the second base station (KIM, Fig. 11 steps S1106-S1114 and paragraphs 153-157 teach receiving, by the UE from the current gNB, an RRC release message after the UE verification procedure and sends the RRC release message to the current gNB from the last serving gNB.).
Ohlsson teaches a method, comprising:
receiving, by a wireless device from a first base station, a radio resource control (RRC) message requesting to suspend an RRC connection of the wireless device (Ohlsson, Fig. 4 step 100 and paragraphs 75-76 teach receiving, by an UE from a suspending eNB, a radio resource control (RRC) message requesting to suspend an RRC connection of the UE.);
while the wireless device is in a radio resource control (RRC) inactive state or RRC idle state, transmitting, by the wireless device to a second base station, one or more parameters to be forwarded to the first base station (Ohlsson, Fig. 4 step 108 and paragraph 78 teach the UE 16 resumes its RRC connection by sending an RRC Connection Resume Request message to the eNB 14-1, which is referred to as the target or resuming eNB (step 108).; and
determining completion of the SDT procedure (Ohlsson, Fig. 4 steps 116-118 and paragraphs 86-98 teach The UE may acknowledge the reception by sending a RRC Connection Resume Complete message (step 118). Note that step 118 is optional. The UE 16 is then in the RRC CONNECTED state and may then transmit uplink data (step 120) and receive downlink data (step 122) using the resumed RRC connection.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in KIM with receiving, by a wireless device from a first base station, a radio resource control (RRC) message requesting to suspend an RRC connection of the wireless device; while the wireless device is in a radio resource control (RRC) inactive state or RRC idle state, transmitting, by the wireless device to a second base station, one or more parameters to be forwarded to the first base station; and determining completion of the SDT procedure taught in Ohlsson thereby reducing signaling overhead [Ohlsson: paragraph 49].
For claim 16, KIM and Ohlsson further teach the method of claim 15, wherein the first base station comprises an anchor base station (KIM, Fig. 11 and paragraphs 153-157 teach a last serving gNB.).
For claim 17, KIM and Ohlsson further teach the method of claim 15, wherein the resume identify of the wireless device comprises an inactive radio network temporary identifier (I-RNTI) (KIM, Fig. 11 steps S1102-S1104 and paragraphs 149-151 teach The RRC Resume Request message may include an I-RNTI which includes a gNB ID.).
For claim 18, KIM and Ohlsson further teach the method of claim 15, further comprising transmitting, by the wireless device to the second base station, assistance information of the SDT procedure (KIM, Fig. 12 steps S1202-1204 teach the UE transmits RRC resume request to the gNB-DU in RRC-INACTIVE state. KIM, paragraph 108 teaches this function allows to transfer RRC messages between gNB-CU and gNB-DU. RRC messages are transferred over F1-C. The gNB-CU is responsible for the encoding of the dedicated RRC message with assistance information provided by gNB-DU.).
For claim 20, KIM and Ohlsson further teach the method of claim 15, wherein the completion of the SDT procedure comprises at least one of:
determining that a portion of the SDT procedure to be performed by the first base station is complete;
determining that one or more transmissions and/or receptions of small data that are associated with SDT procedure and to be performed by the first base station are complete; or
a message comprising at least one of:
an indication of completion of the SDT procedure;
an end marker associated with uplink data of the SDT procedure; or
an end marker associated with downlink data of the SDT procedure (Ohlsson, Fig. 4 steps 116-118 and paragraphs 86-98 teach The UE may acknowledge the reception by sending a RRC Connection Resume Complete message (step 118). Note that step 118 is optional. The UE 16 is then in the RRC CONNECTED state and may then transmit uplink data (step 120) and receive downlink data (step 122) using the resumed RRC connection.).
16. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Seokjung KIM et al. (US 2021/0160949 A1), hereinafter KIM, in view of Oscar Ohlsson et al. (US 2019/0357296 A1), hereinafter Ohlsson and Seokjung KIM et al. (US 2023/0083985 A1), hereinafter D3.
For claim 19, KIM and Ohlsson teach all the limitations of parent claim 18. KIM and Ohlsson do not explicitly teach release assistance information (RAI).
However, D3 explicitly teaches release assistance information (RAI) (D3, Fig. 14A step S1402 and paragraph 316 teach the additional information for SDT is also sent to the last serving NG-RAN. In addition, the RAI may be included into this message to notify the last serving NG-RAN of the information of whether there is UL/DL data transmission subsequent to this uplink transmission. If the UE does not include the AS-RAI in the RRC EDT Request message in step S1402, the CU-CP in the new NG-RAN may include the information to indicate small data transmission in RRC-INACTIVE state to the last serving NG-RAN in a message to the CU-CP of the last serving NG-RAN.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in KIM and Ohlsson with release assistance information (RAI) taught in D3. Because all the references teach SDT, D3 explicitly teach RAI in the same technical field.
Conclusion
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILL W LIN whose telephone number is (571)272-8749. The examiner can normally be reached M-F 8:00-5:00.
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/WILL W LIN/Primary Examiner, Art Unit 2412
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