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
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) [ 1-6, 8-12, 14-20] are rejected under 35 U.S.C. 103 as being unpatentable over [ Jain et al. (Pub No. US 20130265937), hereinafter "Jain `937", in view of Jain et al. (Pub No.Us 20130083726), hereinafter "Jain `726"].
As per claim 1, Jain `937 significantly teaches an information transmission method, comprising: sending, by a first communication device, a first message to a second communication device (The processing module can be configured to generate a downlink generic NAS transport message with a generic message container type including a MTC device communication indication, or generate a MTC specific downlink generic NAS transport message for MTC device communication. The transceiver module can be configured to transmit the downlink generic NAS transport message or the MTC specific downlink generic NAS transport message to a wireless device. [Jain `937 PP 0063]),
wherein the first message comprises an information elements container (generic message container type information element [Jain `937 PP 0036])
content of the at least one first information element (the wireless device can receive a message 308 or 328 and identify the message for an MTC application 310 or 330. The wireless device can forward at least a portion of the message to the proper application [Jain `937 PP 0043]).
Jain `937 does not explicitly teach “and the information elements container comprises identification information of at least one first information element”
However, Jain `726, in an analogous art, teaches and the information elements container comprises identification information of at least one first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE [Jain `726 PP 0085])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 2, Jain `937 significantly teaches wherein the sending a first message to a second communication device comprises: in a case that a first condition is met, sending, by the first communication device, the first message to the second communication device (Various mechanisms within the wireless device (e.g., UE) can be used to allow the network to communicate with the wireless device using NAS signaling messages [Jain `937 PP 0035]); and
the first condition comprises at least one of the following: the first communication device determines that at least one information element needs to be provided for the second communication device (The message definition can indicate that the message is sent by the network to the UE in order to carry an application message in an encapsulated format. [Jain `937 PP 0036]);
the first communication device supports encoding and decoding of the information elements container (The processing module can be configured to generate a downlink generic NAS transport message with a generic message container type including a MTC device communication indication [Jain `937 PP 0063]);
the second communication device supports encoding and decoding of the information elements container (When the wireless device receives a message with a generic message container type, the wireless device can decode the message for an MTC application [Jain `937 PP 0039]); or
the identification information of the at least one first information element is encapsulated in the information elements container (generic message container type information element [Jain `937 PP 0036]).
As per claim 3, Jain `937 significantly teaches wherein in a case that the first communication device does not support encoding and decoding of the information elements container, and/or the second communication device does not support the encoding and decoding of the information elements container (When the wireless device receives a message with a generic message container type, the wireless device can decode the message for an MTC application [Jain `937 PP 0039]), the method further comprises: sending, by the first communication device, a second message to the second communication device (The processing module can be configured to generate a downlink generic NAS transport message with a generic message container type including a MTC device communication indication, or generate a MTC specific downlink generic NAS transport message for MTC device communication. The transceiver module can be configured to transmit the downlink generic NAS transport message or the MTC specific downlink generic NAS transport message to a wireless device. [Jain `937 PP 0063])
and the second message does not comprise the information elements container (the wireless device can receive a message 308 or 328 and identify the message for an MTC application 310 or 330 . The wireless device can forward at least a portion of the message to the proper application [Jain `937 PP 0043]).
Jain `937 does not explicitly teach “wherein the second message comprises an information element identifier of the at least one first information element and content of the at least one first information element”
However, Jain `726, in an analogous art, teaches wherein the second message comprises an information element identifier of the at least one first information element and content of the at least one first information element (the small data container IE 700 may include a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 [Jain `726 PP 0085])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 4, Jain `937 significantly teaches wherein the method further comprises at least one of the following: receiving, by the first communication device, capability information from the second communication device, wherein the capability information is used for indicating whether the second communication device supports encoding and decoding of the information elements container (the wireless device can include added functionality in the NAS layer to recognize that a message is MTC. The MTC message recognition function can be provided by a NAS layer of each RAT [Jain `937 PP 0045]); or
receiving, by the first communication device, a first reason value from the second communication device, wherein the first reason value indicates a reason why the second communication device cannot identify the first message (the NAS controller 222 can read the NAS generic message and identify that the message is for MTC device communication. The NAS controller can then forward the message contents to a MTC dispatcher 220 [Jain `937 PP 0046]).
As per claim 5, Jain `937 significantly teaches wherein in a case that the reason why the second communication device cannot identify the first message is: the second communication device does not support the encoding and decoding of the information elements container (When the wireless device receives a message with a generic message container type, the wireless device can decode the message for an MTC application [Jain `937 PP 0039]), the method further comprises: sending, by the first communication device, content of the at least one first information element to the second communication device by using a third message (The processing module can be configured to generate a downlink generic NAS transport message with a generic message container type including a MTC device communication indication, or generate a MTC specific downlink generic NAS transport message for MTC device communication. The transceiver module can be configured to transmit the downlink generic NAS transport message or the MTC specific downlink generic NAS transport message to a wireless device. [Jain `937 PP 0063]).
As per claim 6, Jain `937 significantly teaches wherein the first message further comprises: an information element identifier of at least one second information element (The Downlink Generic NAS Transport can include a usage, message definition, direction, information element indicator (IEI), information elements (IE), and type and/or reference. [Jain `937 PP 0036])
Jain `937 does not explicitly teach “and content of the at least one second information element”
However, Jain `726, in an analogous art, teaches and content of the at least one second information element (a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 8, Jain `937 significantly teaches the content of the information elements container comprises: a number of first information elements in the information elements container (The Downlink Generic NAS Transport can include a usage, message definition, direction, information element indicator (IEI), information elements (IE), and type and/or reference. [Jain `937 PP 0036]), and information of each first information element in the information elements container (generic message container type information element for various container types [Jain `937 PP 0036]);
or wherein the information elements container comprises: an information element indicator list and content of the information elements container (A generic message container type information element can be used to specify a type of message contained in the generic message container IE. [Jain `937 PP 0038]), wherein an information element indicator in the information element indicator list is used for indicating whether the information elements container comprises a first information element corresponding to the information element indicator (generic message container type information element for various container types [Jain `937 PP 0036]);
Jain `937 does not explicitly teach “wherein the information elements container comprises: content of the information elements container; and the information of each first information element comprises: identification information of each first information element, a length of each first information element, and content of each first information element; the content of the information elements container comprises: information of each first information element in the information elements container; and the information of each first information element comprises: identification information of each first information element, a length of each first information element, and content of each first information element.”
However, Jain `726, in an analogous art, teaches wherein the information elements container comprises: content of the information elements container (the small data container IE 700 may include a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 , a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload, and a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]);
and the information of each first information element comprises: identification information of each first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 [Jain `726 PP 0085]), a length of each first information element (a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload [Jain `726 PP 0085]), and content of each first information element (and a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]);
the content of the information elements container comprises: information of each first information element in the information elements container (The small data container IE 700 may include one or more bits to indicate features of the small data container IE 700 . [Jain `726 PP 0085]); and
the information of each first information element comprises: identification information of each first information element, a length of each first information element, and content of each first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 , a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload, and a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 9, Jain `937 does not explicitly teach “wherein the information elements container further comprises at least one of the following: an information element identifier of the information elements container; or a length of the information elements container.”
However, Jain `726, in an analogous art, teaches wherein the information elements container further comprises at least one of the following: an information element identifier of the information elements container (the small data container IE 700 may include a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 [Jain `726 PP 0085]); or a length of the information elements container (a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload [Jain `726 PP 0085]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 10, Jain `937 significantly teaches an information transmission method, comprising: receiving, by a second communication device, a first message from a first communication device (The processing module can be configured to generate a downlink generic NAS transport message with a generic message container type including a MTC device communication indication, or generate a MTC specific downlink generic NAS transport message for MTC device communication. The transceiver module can be configured to transmit the downlink generic NAS transport message or the MTC specific downlink generic NAS transport message to a wireless device. [Jain `937 PP 0063]), wherein the first message comprises an information elements container (generic message container type information element [Jain `937 PP 0036]),
and content of the at least one first information element (the wireless device can receive a message 308 or 328 and identify the message for an MTC application 310 or 330 . The wireless device can forward at least a portion of the message to the proper application [Jain `937 PP 0043]).
Jain `937 does not explicitly teach “and the information elements container comprises identification information of at least one first information element”
However, Jain `726, in an analogous art, teaches and the information elements container comprises identification information of at least one first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE [Jain `726 PP 0085])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 11, Jain `937 significantly teaches wherein the receiving a first message from a first communication device comprises: in a case that a first condition is met, receiving, by the second communication device, the first message from the first communication device (the wireless device can receive a message 308 or 328 and identify the message for an MTC application 310 or 330 . [Jain `937 PP 0043]), wherein the first condition comprises at least one of the following: the first communication device determines that at least one information element needs to be provided for the second communication device (The message definition can indicate that the message is sent by the network to the UE in order to carry an application message in an encapsulated format. [Jain `937 PP 0036]);
the first communication device supports encoding and decoding of the information elements container (The processing module can be configured to generate a downlink generic NAS transport message with a generic message container type including a MTC device communication indication [Jain `937 PP 0063]);
the second communication device supports encoding and decoding of the information elements container (When the wireless device receives a message with a generic message container type, the wireless device can decode the message for an MTC application [Jain `937 PP 0039]); or
the identification information of the at least one first information element is encapsulated in the information elements container (generic message container type information element [Jain `937 PP 0036]).
as per claim 12, Jain `937 significantly teaches wherein after receiving the first message from the first communication device, the method further comprises any one of the following: decoding, by the second communication device, the information elements container (When the wireless device receives a message with a generic message container type, the wireless device can decode the message for an MTC application [Jain `937 PP 0039]); or
ignoring, by the second communication device, a related field of the information elements container during decoding of the first message (the wireless device can receive a message 308 or 328 and identify the message for an MTC application 310 or 330. [Jain `937 PP 0043], the wireless device can receive the generic NAS message with the generic container from the network via the SGSN or in another format [Jain `937 PP 0044]).
As per claim 14, Jain `937 significantly teaches wherein after ignoring the related field of the information elements container, the method further comprises: sending, by the second communication device, first indication information to the first communication device, wherein the first indication information is used for indicating that the second communication device does not support encoding and decoding of the information elements container, or for indicating that decoding of the information elements container fails (the wireless device can include added functionality in the NAS layer to recognize that a message is MTC. The MTC message recognition function can be provided by a NAS layer of each RAT [Jain `937 PP 0045], the NAS controller 222 can read the NAS generic message and identify that the message is for MTC device communication. The NAS controller can then forward the message contents to a MTC dispatcher 220 [Jain `937 PP 0046]).
As per claim 15, Jain `937 significantly teaches wherein in a case that the first communication device does not support encoding and decoding of the information elements container, and/or the second communication device does not support the encoding and decoding of the information elements container, the method further comprises: receiving, by the second communication device, a second message from the first communication device (The processing module can be configured to generate a downlink generic NAS transport message [Jain `937 PP 0063], The transceiver module can be configured to transmit the downlink generic NAS transport message or the MTC specific downlink generic NAS transport message to a wireless device. [Jain `937 PP 0063])
and the second message does not comprise the information elements container (The message definition can indicate that the message is sent by the network to the UE in order to carry an application message in an encapsulated format. [Jain `937 PP 0036]).
Jain `937 does not explicitly teach “wherein the second message comprises an information element identifier of the at least one first information element and content of the at least one first information element”
However, Jain `726, in an analogous art, teaches wherein the second message comprises an information element identifier of the at least one first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 [Jain `726 PP 0085]) and content of the at least one first information element (and a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 16, Jain `937 significantly teaches wherein the method further comprises at least one of the following: sending, by the second communication device, capability information to the first communication device, wherein the capability information is used for indicating whether the second communication device supports encoding and decoding of the information elements container (the wireless device can include added functionality in the NAS layer to recognize that a message is MTC. [Jain `937 PP 0045]); or
sending, by the second communication device, a first reason value to the first communication device, wherein the first reason value is used for indicating a reason why the second communication device cannot identify the first message (the NAS controller 222 can read the NAS generic message and identify that the message is for MTC device communication. The NAS controller can then forward the message contents to a MTC dispatcher 220 . [Jain `937 PP 0046]).
As per claim 17, Jain `937 significantly teaches the content of the information elements container comprises: a number of first information elements in the information elements container (The Downlink Generic NAS Transport can include a usage, message definition, direction, information element indicator (IEI), information elements (IE), and type and/or reference. [Jain `937 PP 0036]), and information of each first information element in the information elements container (generic message container type information element for various container types [Jain `937 PP 0036]);
or wherein the information elements container comprises: an information element indicator list and content of the information elements container (A generic message container type information element can be used to specify a type of message contained in the generic message container IE. [Jain `937 PP 0038]), wherein an information element indicator in the information element indicator list is used for indicating whether the information elements container comprises a first information element corresponding to the information element indicator (generic message container type information element for various container types [Jain `937 PP 0036]);
Jain `937 does not explicitly teach “wherein the information elements container comprises: content of the information elements container; and the information of each first information element comprises: identification information of each first information element, a length of each first information element, and content of each first information element;”
However, Jain `726, in an analogous art, teaches wherein the information elements container comprises: content of the information elements container (the small data container IE 700 may include a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 , a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload, and a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]);
and the information of each first information element comprises: identification information of each first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 [Jain `726 PP 0085]), a length of each first information element (a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload [Jain `726 PP 0085]), and content of each first information element (and a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]);
the content of the information elements container comprises: information of each first information element in the information elements container (The small data container IE 700 may include one or more bits to indicate features of the small data container IE 700 . [Jain `726 PP 0085]); and
the information of each first information element comprises: identification information of each first information element, a length of each first information element, and content of each first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 , a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload, and a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 18, Jain `937 does not explicitly teach “wherein the information elements container further comprises at least one of the following: an information element identifier of the information elements container; or a length of the information elements container.”
However, Jain `726, in an analogous art, teaches wherein the information elements container further comprises at least one of the following: an information element identifier of the information elements container (the small data container IE 700 may include a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 [Jain `726 PP 0085]); or
a length of the information elements container (a second octet (octet 2) and third octet (octet 3) to indicate a size or length of the small data payload [Jain `726 PP 0085]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 invention.
As per claim 19, Jain `937 significantly teaches a communication device, comprising a processor and a memory (The node device can include a processing module 714 and a transceiver module 716 . [Jain `937 PP 0063]), wherein the memory stores a program or an indication capable of being run on the processor (the computing device may include a processor, a storage medium readable by the processor … one or more programs that may implement or utilize the various techniques described herein may use an application programming interface (API) [Jain `937 PP 0070])
Jain `937 does not explicitly teach “and the program or the indication, when executed by the processor, implements the step of: sending a first message to a second communication device, wherein the first message comprises an information elements container, and the information elements container comprises identification information of at least one first information element and content of the at least one first information element”
However, Jain `726, in an analogous art, teaches and the program or the indication, when executed by the processor, implements the step of: sending a first message to a second communication device (transmitting, by the UE 15 , the NAS message including the small data payload to the network. [Jain `726 PP 0129]), wherein the first message comprises an information elements container (a small data payload may be sent by the UE 15 to the network on the uplink by including the small data payload in a small data container information element (IE) in a NAS message [Jain `726 PP 0087]), and the information elements container comprises identification information of at least one first information element (a first octet (octet 1) of eight bits for a small data container information element identifier (IEI) to identify the small data container IE 700 [Jain `726 PP 0085]) and content of the at least one first information element (a fourth octet (octet 4) to an nth octet (octet n) to carry the small data payload. [Jain `726 PP 0085]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless communication device disclosed by Jain `937 to incorporate Jain `726 teaching of small data transmission, in order to improve network resource usage (The system architecture 200 may support transmission of small data payloads with little network impact such as signaling overhead, network resources, or delay for reallocation. [Jain `726 PP 0044]). Applying these teachings would
As per claim 20, Jain `937 significantly teaches a communication device, comprising a processor and a memory (The node device can include a processing module 714 and a transceiver module 716 . [Jain `937 PP 0063]), wherein the memory stores a program or an indication capable of being run on the processor (the computing device may include a processor, a storage medium readable by the processor … one or more programs that may implement or utilize the various techniques described herein may use an application programming interface (API) [Jain `937 PP 0070]), and the program or the indication, when executed by the processor, implements the information transmission method according to claim 10 (When the wireless device receives a message with a generic message container type, the wireless device can decode the message for an MTC application [Jain `937 PP 0039]).
Claim(s) [7, 13] are rejected under 35 U.S.C. 103 as being unpatentable over [Jain `937 , in view of Jain `726 in further view of Stojanovski et al. (Pub No. US 20130115982), hereinafter "Stojanovski"].
As per claim 7, Jain `937 in view of Jain `726 do not explicitly teach “wherein during sending of the first message to the second communication device, the method further comprises: starting, by the first communication device, a first timer, wherein the first timer is a timer for the second communication device to reply and confirm the first message; and in a case that no fourth messages of the second communication device and used for replying and confirming the first message are received after the first timer expires, resending, by the first communication device, the first message to the second communication device; or, in a case that a fourth message of the second communication device and used for replying and confirming the first message is received before the first timer expires, stopping, by the first communication device, the first timer.”
However, Stojanovski, in an analogous art, teaches wherein during sending of the first message to the second communication device, the method further comprises: starting, by the first communication device, a first timer, wherein the first timer is a timer for the second communication device to reply and confirm the first message (the SMC entity 31 sends the RP_DATA to the peer SMC entity 33 as CP_DATA and starts a timer TC1M, expecting return of an acknowledgment before TC1M expires. [Stojanovski PP 0064]); and
in a case that no fourth messages of the second communication device and used for replying and confirming the first message are received after the first timer expires, resending, by the first communication device, the first message to the second communication device (If CP_DATA[RP_ACK] is not received before expiry of TC1M, the SMC entity 31 retransmits the previous CP_DATA with the same transaction identifier. [Stojanovski PP 0067]); or,
in a case that a fourth message of the second communication device and used for replying and confirming the first message is received before the first timer expires, stopping, by the first communication device, the first timer (Upon receipt of downlink CP_DATA (containing the RP_ACK), the sending SMC entity 31 interprets that reception as a control protocol acknowledgment of the previously sent CP_DATA (containing the RP_DATA). Therefore, it stops the TC 1 M timer. [Stojanovski PP 0067]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Jain `937 in view of Jain `726 to incorporate Stojanovski’s teaching of reducing signaling traffic, in order to improve data transport efficiency (There is thus a need for more efficient transport of SMS data. [Stojanovski PP 0037]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 in view of Jain `726 invention.
As per claim 13, Jain `937 in view of Jain `726 do not explicitly teach “wherein after the information elements container is decoded, the method further comprises: sending, by the second communication device, a fourth message to the first communication device, wherein the fourth message is used for replying and confirming the first message.”
However, Stojanovski, in an analogous art, teaches wherein after the information elements container is decoded, the method further comprises: sending, by the second communication device, a fourth message to the first communication device, wherein the fourth message is used for replying and confirming the first message (receiving from the second SMC entity second control protocol data conveying relay protocol acknowledgement information from the second SMR entity [Stojanovski PP 0038], transmits CP_DATA containing the RP_ACK to the sending SMC entity 31 and starts a timer TC1N, expecting return of an acknowledgment before TC1N expires. [Stojanovski PP 0065]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Jain `937 in view of Jain `726 to incorporate Stojanovski’s teaching of reducing signaling traffic, in order to improve data transport efficiency (There is thus a need for more efficient transport of SMS data. [Stojanovski PP 0037]). Applying these teachings would have been a predictable variation for someone of ordinary skill in the art to Jain `937 in view of Jain `726 invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEM FUAD ALHWAMDEH whose telephone number is (571)272-5501. The examiner can normally be reached Mon-Fri 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Albert Decady can be reached at (571) 272-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAREEM FUAD ALHWAMDEH/Examiner, Art Unit 2112
/ALBERT DECADY/Supervisory Patent Examiner, Art Unit 2112