Detailed Action
Claims 1-6, 11-16, 21-25, 31-33 are pending in this application. Claims 7-10, 17-20,26-30,34-42 were cancelled in the Preliminary Amendment filed on 1/28/25.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/6/25, 2/19/25, 12/9/25, 1/15/26, 3/10/26 has been considered.
Double Patenting
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 conflicting claims 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 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 11-16, 21-25, 31-33 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16, 24-25,32-33 of copending Application No. 19/130,135 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘ 135 teaches the instant claims and/or the instant claims are well known and obvious to one ordinary skill in the art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 21-25, 31-33 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recites
As per claims 21,31, A method in a user equipment, UE , configured to communicate using multi-radio connectivity with a first network node and a second network node , the method comprising:
transmitting , to one of the first node and the second node, a report corresponding to a service type associated with the UE , the report comprising one or more of a data radio bearer, DRB, identifier, ID, a quality of service, QoS, flow ID, and a packet data unit, PDU, session ID, which one of the first network node and the second network node carries data for an application session being determined based on one or more of the DRB ID, the QoS flow ID, and the PDU session ID.
As per claims 22,32, the method of Claim 21,31, wherein the method further includes: determining a capability indication usable by one or both of the first node and the second node to determine which one of the first node and the second node carries the data for the application session subject to quality of experience measurements associated with the report and perform one or more actions to ensure that one of the first node and the second node which carries the data obtains the report; and transmitting the capability indication to one or both of the first node and the second node .
As per claims 23,33, the method of Claim 22,33, wherein when the report is transmitted to the first node , the one or more actions includes:
transmitting, by the first node , the report to the second node when the second node carries the data for the application session, the transmitted report being usable by the second node to one or both of transmit to and receive from the UE signaling associated with the service type.
As per claims 24, the method of Claim 22, wherein the one or more actions includes: receiving, by the first node , the report from the second node when the first node carries the data for the application session, the received report being usable by the first node to one or both of transmit to and receive from the UE signaling associated with the service type.
As per claims 25, the method of Claim 22,wherein the quality of experience measurements are one or both of quality of experience measurements, QoE, measurements, and radio access network, RAN, visible quality of experience, RVQoE, measurements.
The claims are directed towards transmitting a report to a first or second network node, which is akin to sending a report to a person.
Therefore the claims and the specification is drawn to mental processes(the steps of transmitting can be performed mentally and/or with the aid of pen and paper). If the claim under broadest reasonable interpretation covers limitation that is drawn to mental processes but for recitation of a generic computer and/or generic computer components described at a high level of generality or linking the use of the judicial exception to a particular technological environment or field of use, then it falls within the grouping of abstract ideas. Accordingly, the claim recites an abstract idea. (Step 2A, prong 1).
This judicial exception is not integrated into a practical application. In particular, the claims recites additional elements such as
As per claims 21,31, in a user equipment, UE , configured to communicate using multi-radio connectivity with a first network node and a second network node
As per claims 22,32, the method of Claim 21,31, first network node and the second network node
As per claims 23,33, the method of Claim 22,33, the first network node , to the second network node
As per claims 24, the method of Claim 22, wherein the one or more actions includes: by the first network node , the second network node
The claim does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitations of As per claims 21,31, in a user equipment, UE and As per claims 22-24, 32-33, first network node and the second network node are generic computer components described at a high level of generality and limitations amounts to mere instructions to implement the abstract idea on a computer and/or adding the words “apply it”(or an equivalent) with the judicial exception, or merely uses a computer as a tool to perform an abstract idea. MPEP 2106.05(f).
The claim does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims recites configured to communicate using multi-radio connectivity with a first network node and a second network node, which is generally linking the use of the judicial exception to a particular technological environment or field of use, in this case to cellular technology(4G-6G) and/or networks. Such limitation are not enough to add significantly more to the claimed method and/or is an attempt to limit the use of the abstract idea to a particular technological environment for which to apply the underlying abstract concept, which does not add significantly more. The claims is directed to an abstract idea and merely links the judicial exception to a particular technological environment or field of use, chat/Instant Messaging,(MPEP 2106.05(h))
Therefore the additional limitation/elements does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Even considering all the additional element in combination, they are just providing a computerized system to perform the invention, but doesn’t improve the computing technology as the additional elements do not integrate the invention into a practical application, rather the claims and the additional limitations are drawn to sending a report. The claims is directed to an abstract idea and merely reciting generic computer components described at a high level of generality and limitations amounts to mere instructions to implement the abstract idea on a computer and/or adding the words “apply it”(or an equivalent) with the judicial exception, or merely uses a computer as a tool to perform an abstract idea MPEP 2106.05(f) and links the judicial exception to a particular technological environment or field of use, cellular technology or networks. Therefore the claims are not patent eligible. (Step 2A, prong2).
The claim does not include additional elements/limitations that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements/limitations is drawn to limitations that use a computer as a tool, and includes well-understood, routine, and conventional activities(ie. receiving or transmitting data over a network MPEP 2106.05(d)(II)) that amount to no more than implementing the abstract idea with a computerized system. The claim is not patent eligible(Step 2B).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, 11-16, 21-25, 31-33 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claims 1, 3,11, 13,21,25,31, it is unclear to whether what the acronyms corresponds to since the applicant uses commas it is unclear to whether the acronyms is referencing an element in the claims or a separate element of the claims. If the applicant intends the claims to use acronyms, paratheses should be used instead, ie user equipment (UE), data radio bearer identifier(DRB ID), a quality of service flow identifier (QoS flow ID) etc
As per claims 21,31, recites “….the report comprising one or more of a data radio bearer, DRB, identifier, ID, a quality of service, QoS, flow ID, and a packet data unit, PDU, session ID, which one of the first network node and the second network node carries data for an application session being determined based on one or more of the DRB ID, the QoS flow ID, and the PDU session ID”, is unclear and indefinite because the limitation “which one of the first network node and the second network node” appears to be missing a word before “which”, does applicant mean “in which” or “determining which one of..” Also it is unclear to whether the limitation is part of the report or a separate limitation since the applicant uses a comma instead of a semicolon.
All dependent claims rejected for the same reasons set forth above.
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.
Claims 1-6, 11-16, 21-25, 31-33 rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0322127 issued to Sha et al.(Sha) in view of US 2017/0111424 issued to Long.
As per claims 1,11, Sha teaches a method in a first network node configured to communicate with a user equipment, UE , and a second network node , at least the UE being configurable to communicate using multi-radio connectivity with the first network node and the second network node(Fig.1) , the method comprising:
coordinating with the second network node to determine which one of the first network node and the second network node has a report corresponding to a service type associated with the UE ([0023] FIG. 2 shows an example of a QoE reporting procedure, which includes the following steps between network element 1 (NE1) and network element 2 (NE2): [0024] Step 1: NE1 receives a QoE measurement request from NE2; [0025] Step 2: NE1 performs measurements according to QoE measurement request; and [0026] Step 3: NE1 reports the measurement result to NE2. [0073] FIG. 5D shows yet another example of UE clock drift level reporting based on a gNB request. As shown therein, the gNB sends a UE clock drift reporting indication to the UE, which can be sent by SIB, DL UE specific RRC message, MAC CE or DCI. If the UE selects a DL UE specific RRC message, MAC CE, or DCI to send the UE clock drift reporting indication, the UE must first send at least one of the following indications to the gNB: UE clock drift reporting capability, TSC service support indication, referenceTimeinfo reception capability, referenceTimeInfoPreference or an accurate clock synchronization requirement related indication. Finally, the UE sends the UE clock drift reporting to the gNB, which includes the clock drift level, which can be sent by UL UE specific RRC message or MAC C);
determining which one of the first network node and the second network node carries data for an application session subject to quality of experience measurements associated with the report([0023] FIG. 2 shows an example of a QoE reporting procedure, which includes the following steps between network element 1 (NE1) and network element 2 (NE2): [0024] Step 1: NE1 receives a QoE measurement request from NE2; [0025] Step 2: NE1 performs measurements according to QoE measurement request; and [0026] Step 3: NE1 reports the measurement result to NE2. [0145] In some embodiments, the measurement request message comprises a Time Sensitive Networking (TSN) Quality-of-Experience (QoE) related reporting indication, and wherein the measurement report comprises any available TSN QoE related information comprising at least one of a 5G System synchronization accuracy report, a 5G System downlink delay report, a clock drift report, a burst spread report, a PUR or IDT resource suitability report, and a survival time monitoring report.).
Sha does not explicitly teach performing one or more actions to ensure that one of the first network node and the second network node which carries the data obtains the report
Long explicitly teaches performing one or more actions to ensure that one of the first network node and the second network node which carries the data obtains the report([0019] According to another aspect, a method in a network node of a wireless network for processing content of QoE reports reported from wireless devices, each comprising a MBMS client and a non-MBMS client, is suggested, where the method comprise: receiving a coordinated QoE report from one of the wireless devices; correlating the received coordinated QoE report with previously received coordinated QoE reports; determining, on the basis of the executed correlating, if at least one action is required by the network node, and initiating the at least one action, in case it is determined that this is required.)
Therefore it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Sha’s teachings QoE reporting to include the teaching of Long of performing required action in order to provide the predictable result of performing required action for QoE reporting.
One ordinary skill in the art would have been motivated to combine the teachings in order to ensure QoE reporting and prevent overloading of reporting servers(Long, [0003])
As per claims 2,12, Sha in view of Long teaches the method of Claim 1,11, wherein the coordination includes one of: transmitting to the second network node a first indication indicating that the first network node has received the report from the UE; and receiving from the second network node a second indication indicating that the second network node has received the report from the UE(Sha, [0085] In some embodiments, when the PUR and/or IDT resource suitability reporting indication is sent in DL UE specific RRC message, MAC CE or DCI, the eNB sends the PUR and/or IDT resource suitability report record available indication before the request. The available indication can be sent in UL RRC message in PUR and/or IDT transmission procedure, EDT message 3, RRC message 5, or MAC CE.).
As per claims 3,13, 21,31,Sha in view of Long teaches the method of Claim 1,11,wherein: the report comprises one or more of a data radio bearer, DRB, identifier, ID, a quality of service, QoS, flow ID, and a packet data unit, PDU, session ID; and the determining which one of the first network node and the second network node carries the data for the application session is based on one or more of the DRB ID, the QoS flow ID, and the PDU session ID(Sha, [0039] FIG. 3A shows an example of a procedure wherein the 5GC obtains the 5GS time synchronization accuracy. As shown therein, the 5GC sends a 5GS time synchronization accuracy reporting indication to the UE, which can be sent by a Non-Access-Stratum (NAS) Protocol Data Unit (PDU) or a NAS message. In response, the UE sends 5GS time synchronization accuracy report to the UE, which can be sent by NAS PDU or NAS message.; [0056] FIG. 4A shows an example of 5GS (bridge) delay monitoring. As shown therein, the 5GC transmits a delay reporting indication to the UE (which can be sent by NAS PDU or NAS message), and subsequently receives the 5GS (TSN bridge) delay, which can be sent by NAS PDU or NAS message. This procedure is similar to that shown in FIG. 3A, except the delay in reported in FIG. 4A, whereas the timestamp is reported in FIG. 3A.).
As per claims 4,14, Sha in view of Long teaches the method of Claim 1,11,wherein the method further includes: receiving the report from the UE(Sha, Abstract, Long, Abstract) . Motivation to combine set forth in claim 1,11.
As per claims 5,15,23,33, Sha in view of Long teaches the method of Claim 4,14, 22,33, wherein performing the one or more actions includes: transmitting the report to the second network node when the second network node carries the data for the application session, the transmitted report being usable by the second network node to one or both of transmit to and receive from the UE signaling associated with the service type(Sha, [0073] FIG. 5D shows yet another example of UE clock drift level reporting based on a gNB request. As shown therein, the gNB sends a UE clock drift reporting indication to the UE, which can be sent by SIB, DL UE specific RRC message, MAC CE or DCI. If the UE selects a DL UE specific RRC message, MAC CE, or DCI to send the UE clock drift reporting indication, the UE must first send at least one of the following indications to the gNB: UE clock drift reporting capability, TSC service support indication, referenceTimeinfo reception capability, referenceTimeInfoPreference or an accurate clock synchronization requirement related indication. Finally, the UE sends the UE clock drift reporting to the gNB, which includes the clock drift level, which can be sent by UL UE specific RRC message or MAC CE.).
As per claims 6,16, 24, Sha in view of Long teaches the method of Claim 1,11,22, wherein the one or more actions includes: receiving, by the first network node , the report from the second network node when the first network node carries the data for the application session, the received report being usable by the first network node to one or both of transmit to and receive from the UE signaling associated with the service type(Long, [0057] FIG. 5 is a signaling scheme, illustrating how a wireless device can interact with a network node, typically a server, or more specifically a reception reporting server 500 and provide coordinated QoE reports to the server. In a first step 5:10, a coordinated QoE report is established by a wireless device 210, as described above, and in a subsequent step 5:20, the report is transmitted to the server, so that, in a final step 5:30, the server can process the report directly or the received, QoE report data could be processed by a separate analytic server, together with other related reports, thereby enabling appropriate actions to be taken at the network, at least partly on the basis of the processed, coordinated reports.). Motivation to combine set forth in claim 1,11,22.
As per claims 22,32, Sha in view of Long teaches the method of Claim 21,31, wherein the method further includes: determining a capability indication usable by one or both of the first network node and the second network node to determine which one of the first network node and the second network node carries the data for the application session subject to quality of experience measurements associated with the report and perform one or more actions to ensure that one of the first network node and the second network node which carries the data obtains the report; and transmitting the capability indication to one or both of the first network node and the second network node(Sha, [0073] FIG. 5D shows yet another example of UE clock drift level reporting based on a gNB request. As shown therein, the gNB sends a UE clock drift reporting indication to the UE, which can be sent by SIB, DL UE specific RRC message, MAC CE or DCI. If the UE selects a DL UE specific RRC message, MAC CE, or DCI to send the UE clock drift reporting indication, the UE must first send at least one of the following indications to the gNB: UE clock drift reporting capability, TSC service support indication, referenceTimeinfo reception capability, referenceTimeInfoPreference or an accurate clock synchronization requirement related indication. Finally, the UE sends the UE clock drift reporting to the gNB, which includes the clock drift level, which can be sent by UL UE specific RRC message or MAC CE. [0074] FIG. 5E shows an example of UE clock drift level reporting as a function of UE capability, wherein the UE includes the UE clock drift level in the UECapabilityInformation message, which can be used by eNB when necessary. In an example, the UE clock drift level in FIGS. 3D and 3E can be one of the predefined values shown in Table 1 or Table 2, which correspond to the clock stratum level or the clockAccuracy enumeration, respectively.)
As per claims 25, Sha in view of Long teaches the method of Claim 22, wherein the quality of experience measurements are one or both of quality of experience measurements, QoE, measurements, and radio access network, RAN, visible quality of experience, RVQoE, measurements(Sha, Abstract, Long, Abstract). Motivation to combine set forth in claim 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
US 2021/0409998 issued to Kwok et al., teaches a flow controller executing at a network element of a telecommunication network can use packet characteristics of a data packet to select, from a set of QoE goals, a QoE goal for the data packet. The set of QoE goals can include prioritizing throughput, prioritizing lower latency, prioritizing reliability, and/or other QoE goals. The flow controller can also determine a routing scheme associated with the selected QoE goal, and cause the data packet to be routed to a user equipment via an LTE connection and/or a 5G connection according to the routing scheme.
US 2023/0080089 issued to Hu et al., teaches An access network device receives first configuration information, where the first configuration information indicates a terminal device to perform application layer quality of experience QoE measurement; the access network device generates second configuration information, where the second configuration information indicates the terminal device to report measurement result of at least one measurement metric obtained through the QoE measurement; and the access network device sends the first configuration information and the second configuration information to the terminal device.
US 10,306,489 issued to Yi et al., teaches a status report transmission of the PDCP layer for a PDCP status report can reduce radio resources by transmitting the reception success or failure of a series of PDCP service data units (SDUs) in the form of a bitmap when configuring the PDCP status report for reporting a reception status of PDCP SDUs to another party in the PDCP layer. A PDCP control packet data unit (PDU) is generated to communicate a status report for one or more PDCP SDUs transmitted from a transmitting node.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BACKHEAN TIV whose telephone number is (571)272-5654. The examiner can normally be reached on Mon.-Thurs. 5:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONIA DOLLINGER can be reached on (571) 272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BACKHEAN TIV/
Primary Examiner
Art Unit 2459
