DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to amendment
2. This is a Final Office action in response to applicant's remarks and arguments filed on 03 March 2026.
3. Status of the claims:
• No claims have been amended.
• The current provisional nonstatutory double patenting rejection is maintained, because the amendment made to the independent claims of co-pending Application 18/553,647 does not distinguish the current claimed invention from the claimed invention of the co-pending application.
• Claims 1-16 are currently pending and have been examined.
Response to remarks/arguments
4. Applicant’s remarks/arguments filed on 03 March 2026 with respect to the rejection of claims 1-16 have been fully considered but are not persuasive.
5. On pages 1-3 of Applicant’s remarks dated 03 March 2026, the applicant states that there is no disclosure or suggestion by Huawei of periodicity information being
transmitted or received as recited by the amended independent claims. Instead, Huawei simply involves the QoE measurement configuration being sent.
6. In response to applicant’s remarks, the examiner respectfully disagrees. Huawei explicitly teaches measurement and reporting timing. That is, Huawei discloses QoE measurement configuration delivered from the network to the UE application layer via a containerized mechanism: “QoE configuration is sent… from RAN to UE AS and forwarded to UE APP” (see page 2, first 2 paragraphs). Huawei teaches QoE configuration. Miao teaches network device transmitting both QoE information measurement policy and QoE information reporting policy (see FIG. 3), and that these include period, measurement period and reporting period. Then, Huawei and Miao, in combination, teaches periodicity, as required by the claim.
7. On pages 2-3 of Applicant’s remarks dated 03 March 2026, the applicant states that Miao does not cure the deficiency of Huawei, then does not disclose “the reception of second periodicity information indicating the second periodicity to the second device”.
8. In response to applicant’s remarks, the examiner respectfully disagrees. Miao expressly teaches reporting periodicity. The applicant contends that Huawei uses a container method, while Miao uses a NAS/RRC method. The examiner relied upon Miao for its disclosure that “QoE information measurement policy may include at least one period”, which means a second periodicity (see Miao, [0082]).
9. On pages 3-4 of Applicant’s remarks dated 03 March 2026, the applicant states that even if Huawei and Miao were combined for the sake of argument, a skilled person
would not consider adapting Huawei to provide a terminal device which receives both first periodicity information for reporting QoE measurement and second, service specific, reporting periodicity information to a second device since the mechanisms described by Huawei and Miao are alternatives and are not described to both be utilized.
10. In response to applicant’s remarks, the examiner respectfully disagrees. Huawei describes an architecture for delivering QoE configuration (container / AS→APP path). Miao describes “content of configuration (measurement policy + reporting policy including periodicity)” (see at least para. [0080]). Thus, Huawei teaches “how configuration is delivered”, and Miao teaches what configuration contains. In view of the above, Huawei and Miao operate at different functional layers which are complementary teachings, but not alternatives.
The current 35 USC § 103 rejection is maintained.
Claim Rejections - 35 USC § 103
11. 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.
12. 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.
13. 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.
14. 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.
15. Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huawei (Potential RAN3 impacts about QoE measurement) in view of MIAO et al. (US 20200153712 A1).
Regarding claim 1, Huawei discloses a terminal device comprising:
at least one processor (inherently included in the UE to process data); and at least one memory (inherently included) including computer program code;
wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the terminal device to:
receive, by an access stratum of the terminal device from an access network device, first periodicity information together with second periodicity information (Huawei, page 2: … the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…), the first periodicity information indicating a first periodicity to be used by an application layer of the terminal device in reporting of quality of experience measurements for a service of the terminal device (Huawei, page 2: … The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…) and [[the second periodicity information indicating a second periodicity]] that is configured by the access network device for the terminal device to report one or more measurement results of the quality of experience measurements of the service (Huawei, page 2: … the eNB receives the quality of experience (QoE) measurement configuration and service type from OAM or CN. The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…);
collect, by the terminal device, the one or more measurement results of the quality of experience measurements measured by the application layer of the terminal device (Huawei, page 2: …after receiving the quality of experience (QoE) measurement configuration from the eNB, the RRC of UE forwards the container of configuration and the service type to the upper layer. The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message. The QoE measurement results between the RRC of the UE and the upper layer, between UE and the eNB are encapsulated in a transparent container…); and report the one or more measurement results [[according to the second periodicity]] (Huawei, page 2: …The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message).
Huawei does not appear to explicitly disclose receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity.
In the same field of endeavor, MIAO discloses receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity (MIAO, para. [0080-0082], [0087], [0098]: the network device may deliver, by using RRC signaling or non-access stratum signaling, the QoE information measurement policy and the QoE information reporting policy to the terminal in a manner of increasing a message type or adding a field to a current message type during control signaling or message exchange with the terminal in the initialization phase or in the transmission phase. The QoE information measurement policy and the QoE information reporting policy that are delivered by the network device to the terminal may be determined by a network device based on pre-stored factors such as user information. Moreover, paragraph 98 discloses the QoE information reporting policy may include at least one of reported content and a reporting period, and may further include information such as whether to report the QoE information, how to report the QoE information, and the like. Moreover, Miao further teaches that “QoE information measurement policy may include at least one period”, which means a second periodicity (see Miao, para. [0082]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 2, Huawei as modified by MIAO discloses the terminal device of claim 1, however MIAO further discloses wherein the terminal device uses the second periodicity to transmit by the access stratum the one or more measurement results after receiving a request from the access network device (MIAO, para. 80-82, 98: the network device may deliver, by using RRC signaling or non-access stratum signaling, the QoE information measurement policy and the QoE information reporting policy to the terminal in a manner of increasing a message type or adding a field to a current message type during control signaling or message exchange with the terminal in the initialization phase or in the transmission phase. The QoE information measurement policy and the QoE information reporting policy that are delivered by the network device to the terminal may be determined by a network device based on pre-stored factors such as user information).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as using the second periodicity to transmit by the access stratum the one or more measurement results after receiving a request from the access network device as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 3, Huawei as modified by MIAO discloses the terminal device of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the terminal device to:
receive, from the access network device, an application layer container used to configure parameters for the quality of experience measurements together with the second periodicity information, wherein the application layer container comprises the first periodicity information indicating the first periodicity (Huawei, page 2: … the eNB receives the quality of experience (QoE) measurement configuration and service type from OAM or CN. The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…).
Regarding claim 4, Huawei as modified by MIAO discloses the terminal device of claim 1, however, MIAO further discloses wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the terminal device to report the one or more measurement results according to the second periodicity by: starting a timer according to the second periodicity (MIAO, para. 54: the transmission phase is a time period from starting to transmit the video service by the terminal and the network device to finishing transmitting the video service); appending each of the one or more measurement results to a measurement log (MIAO, para. 82, 97: the QoE information measurement policy may include at least one of measured content and a measurement period, and may further include information such as whether to perform measurement on the QoE information, how to measure the QoE information); and in accordance with a determination that the timer is timeout, reporting the measurement log to the access network device (MIAO, para. 12, 92: reporting the measurements to the access device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as appending each of the one or more measurement results to a measurement log and reporting the measurement log to the access network device as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 5, Huawei as modified by MIAO discloses the terminal device of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the terminal device to:
transmit, by the access stratum of the terminal device to the access network device, the one or more measurement results (Huawei, page 2: The serving eNB forwards the container of QoE measurement results to the access device).
Regarding claim 6, Huawei as modified by MIAO discloses the terminal device of claim 1, however, MIAO further discloses wherein the second periodicity information is received via a radio resource control message (MIAO, para. 80-82, 98: the network device may deliver, by using RRC signaling or non-access stratum signaling, the QoE information measurement policy and the QoE information reporting policy to the terminal in a manner of increasing a message type or adding a field to a current message type during control signaling or message exchange with the terminal in the initialization phase or in the transmission phase).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as the second periodicity information is received via a radio resource control message as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 7, Huawei as modified by MIAO discloses the terminal device of claim 1, however, MIAO further discloses wherein the second periodicity information comprises at least one of the following: a value of the second periodicity, or a scale factor of the second periodicity relative to the first periodicity (MIAO, para. 81: The QoE information measurement policy and the QoE information reporting policy that are delivered by the network device to the terminal may be determined by a network device based on pre-stored factors).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as a value of the second periodicity, or a scale factor of the second periodicity relative to the first periodicity as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 8, Huawei as modified by MIAO discloses the terminal device of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the terminal device to:
collect the one or more measurement results are collected by the access stratum of the terminal device, and transmit wherein the one or more measurement results are transmitted by the access stratum of the terminal device (Huawei, page 2: …after receiving the quality of experience (QoE) measurement configuration from the eNB, the RRC of UE forwards the container of configuration and the service type to the upper layer. The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message. The QoE measurement results between the RRC of the UE and the upper layer, between UE and the eNB are encapsulated in a transparent container…).
Regarding claim 9, Huawei discloses a method comprising:
receiving by an access stratum of a terminal device, from an access network device, first periodicity information together with second periodicity information (Huawei, page 2: … the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…), the first periodicity information indicating a first periodicity used by an application layer of the terminal device in reporting of quality of experience measurements for a service of the terminal device (Huawei, page 2: … The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…) and [[the second periodicity information indicating a second periodicity]] that is configured by the access network device for the terminal device to report one or more measurement results of the quality of experience measurements of the service (Huawei, page 2: … the eNB receives the quality of experience (QoE) measurement configuration and service type from OAM or CN. The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…);
collecting, by the terminal device, the one or more measurement results of the quality of experience measurements measured by the application layer of the terminal device (Huawei, page 2: …after receiving the quality of experience (QoE) measurement configuration from the eNB, the RRC of UE forwards the container of configuration and the service type to the upper layer. The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message. The QoE measurement results between the RRC of the UE and the upper layer, between UE and the eNB are encapsulated in a transparent container…); and reporting the one or more measurement results [[according to the second periodicity]] (Huawei, page 2: …The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message).
Huawei does not appear to explicitly disclose receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity.
In the same field of endeavor, MIAO discloses receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity (MIAO, para. [0080-0082], [0087], [0098]: the network device may deliver, by using RRC signaling or non-access stratum signaling, the QoE information measurement policy and the QoE information reporting policy to the terminal in a manner of increasing a message type or adding a field to a current message type during control signaling or message exchange with the terminal in the initialization phase or in the transmission phase. The QoE information measurement policy and the QoE information reporting policy that are delivered by the network device to the terminal may be determined by a network device based on pre-stored factors such as user information. Moreover, paragraph 98 discloses the QoE information reporting policy may include at least one of reported content and a reporting period, and may further include information such as whether to report the QoE information, how to report the QoE information, and the like. Moreover, Miao further teaches that “QoE information measurement policy may include at least one period”, which means a second periodicity (see Miao, para. [0082]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 10, Huawei as modified by MIAO discloses the method of claim 9, wherein the one or more measurement results are collected by the access stratum of the terminal device, and wherein the one or more measurement results are transmitted by the access stratum of the terminal device (Huawei, page 2: …after receiving the quality of experience (QoE) measurement configuration from the eNB, the RRC of UE forwards the container of configuration and the service type to the upper layer. The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message. The QoE measurement results between the RRC of the UE and the upper layer, between UE and the eNB are encapsulated in a transparent container…).
Regarding claim 11, Huawei as modified by MIAO discloses the method of claim 9, further comprising:
receiving, from the access network device, an application layer container used to configure parameters for the quality of experience measurements together with the second periodicity information, wherein the application layer container comprises first periodicity information indicating a first periodicity (Huawei, page 2: … the eNB receives the quality of experience (QoE) measurement configuration and service type from OAM or CN. The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…).
Regarding claim 12, Huawei as modified by MIAO discloses the method of claim 9, however, MIAO further discloses wherein reporting the one or more measurement results according to the second periodicity comprises: starting a timer according to the second periodicity (MIAO, para. 54: the transmission phase is a time period from starting to transmit the video service by the terminal and the network device to finishing transmitting the video service); appending each of the one or more measurement results to a measurement log (MIAO, para. 82, 97: the QoE information measurement policy may include at least one of measured content and a measurement period, and may further include information such as whether to perform measurement on the QoE information, how to measure the QoE information); and in accordance with a determination that the timer is timeout, reporting the measurement log to the access network device (MIAO, para. 12, 92: reporting the measurements to the access device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as appending each of the one or more measurement results to a measurement log and reporting the measurement log to the access network device as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 13, Huawei as modified by MIAO discloses the method of claim 9, further comprising: transmitting, by the access stratum of the terminal device to the access network device, the one or more measurement results (Huawei, page 2: The serving eNB forwards the container of QoE measurement results to the access device).
Regarding claim 14, Huawei as modified by MIAO discloses the method of claim 9, however, MIAO further discloses wherein the second periodicity information is received via a radio resource control message (MIAO, para. 80-82, 98: the network device may deliver, by using RRC signaling or non-access stratum signaling, the QoE information measurement policy and the QoE information reporting policy to the terminal in a manner of increasing a message type or adding a field to a current message type during control signaling or message exchange with the terminal in the initialization phase or in the transmission phase).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as the second periodicity information is received via a radio resource control message as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 15, Huawei as modified by MIAO discloses the method of claim 14, however, MIAO further discloses wherein the second periodicity information comprises at least one of the following: a value of the second periodicity, or a scale factor of the second periodicity relative to the first periodicity (MIAO, para. 81: The QoE information measurement policy and the QoE information reporting policy that are delivered by the network device to the terminal may be determined by a network device based on pre-stored factors).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as a value of the second periodicity, or a scale factor of the second periodicity relative to the first periodicity as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Regarding claim 16, Huawei as modified by MIAO discloses a non-transitory computer readable medium comprising a computer program thereon, the computer program when executed by a processor of a terminal device, causing the terminal device to:
receive by an access stratum of the terminal device from an access network device, first periodicity information together with second periodicity information (Huawei, page 2: … the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…), the first periodicity information indicating a first periodicity to be used by an application layer of the terminal device in reporting of quality of experience measurements for a service of the terminal device (Huawei, page 2: … The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…) and [[the second periodicity information indicating a second periodicity]] that is configured by the access network device for the terminal device to report one or more measurement results of the quality of experience measurements of the service (Huawei, page 2: … the eNB receives the quality of experience (QoE) measurement configuration and service type from OAM or CN. The QoE measurement configuration is encapsulated in a transparent container. Then the eNB forwards the container of QoE measurement configuration and service type to the UE in a downlink RRC message…);
collect, by the terminal device, the one or more measurement results of the quality of experience measurements measured by the application layer of the terminal device (Huawei, page 2: …after receiving the quality of experience (QoE) measurement configuration from the eNB, the RRC of UE forwards the container of configuration and the service type to the upper layer. The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message. The QoE measurement results between the RRC of the UE and the upper layer, between UE and the eNB are encapsulated in a transparent container…); and report the one or more measurement results [[according to the second periodicity]] (Huawei, page 2: …The application layer performs the QoE measurement according to the configuration. The RRC of the UE receives the QoE measurement results associated with the service type from the upper layer and forwards them to the serving eNB in an uplink RRC message).
Huawei does not appear to explicitly disclose receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity.
In the same field of endeavor, MIAO discloses receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity (MIAO, para. [0080-0082], [0087], [0098]: the network device may deliver, by using RRC signaling or non-access stratum signaling, the QoE information measurement policy and the QoE information reporting policy to the terminal in a manner of increasing a message type or adding a field to a current message type during control signaling or message exchange with the terminal in the initialization phase or in the transmission phase. The QoE information measurement policy and the QoE information reporting policy that are delivered by the network device to the terminal may be determined by a network device based on pre-stored factors such as user information. Moreover, paragraph 98 discloses the QoE information reporting policy may include at least one of reported content and a reporting period, and may further include information such as whether to report the QoE information, how to report the QoE information, and the like. Moreover, Miao further teaches that “QoE information measurement policy may include at least one period”, which means a second periodicity (see Miao, para. [0082]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Huawei with the teaching of MIAO by using the above features such as receive second periodicity information indicating a second periodicity and report one or more measurement results according to the second periodicity as taught by MIAO. The motivation for doing so would have been to enable the network device to schedule radio resources based on the reported quality of experience information and improve user experience and QoE.
Double Patenting
16. 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.
17. Claims 1-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14, 16, 21-22, 24-25, 44, 46, 51-52, 54-55, 65 of co-pending Application No. 18/553647. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 14, 16, 21-22, 24-25, 44, 46, 51-52, 54-55, 65 of copending Application No. 18/553647 contain(s) most elements of claims 1-16 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The limitations of claims 1-16 of the instant Application are similar to the limitations claims 14, 16, 21-22, 24-25, 44, 46, 51-52, 54-55, 65of US co-pending application 18/553647 as compared in the following table:
US Application 19/169,809
US Application 18/553,647
Independent claim 1. A terminal device comprising: at least one processor; and at least one memory including computer program code; wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the terminal device to:
receive, by an access stratum of the terminal device from an access network device, first periodicity information together with second periodicity information, the first periodicity information indicating a first periodicity to be used by an application layer of the terminal device in reporting of quality of experience measurements for a service of the terminal device and the second periodicity information indicating a second periodicity that is configured by the access network device for the terminal device to report one or more measurement results of the quality of experience measurements of the service;
collect, by the terminal device, the one or more measurement results of the quality of experience measurements measured by the application layer of the terminal device; and report the one or more measurement results according to the second periodicity.
Independent claim 14. A second device comprising: at least one processor; and at least one memory including computer program code; wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the second device to:
receive, from a first device, first periodicity information indicating a first periodicity for the second device to report one or more measurement results of quality of experience measurements and second periodicity information, second periodicity information indicating a second periodicity that is configured for a service by the first device for an access stratum the second device to report one or more measurement results of a quality of experience measurement of the service;
collect the one or more measurement results of the quality of experience measurement measured by an application layer of the second device; and report the one or more measurement results of the quality of experience measurements of the service according to the second periodicity.
Claim 2. The terminal device of claim 1, wherein the terminal device uses the second periodicity to transmit by the access stratum the one or more measurement results after receiving a request from the access network device.
See Claim 14.
Claim 3. The terminal device of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the terminal device to: receive, from the access network device, an application layer container used to configure parameters for the quality of experience measurements together with the second periodicity information, wherein the application layer container comprises the first periodicity information indicating the first periodicity.
Claim 16. The second device of claim 14, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the second device to: receive, from the first device, an application layer container used to configure parameters for the quality of experience measurement together with the second periodicity information, wherein the application layer container comprises first periodicity information indicating a first periodicity.
Claim 4. The terminal device of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the terminal device to report the one or more measurement results according to the second periodicity by: starting a timer according to the second periodicity; appending each of the one or more measurement results to a measurement log; and in accordance with a determination that the timer is timeout, reporting the measurement log to the access network device.
Claim 21. The second device of claim 14, wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the second device to report the one or more measurement results according to the second periodicity by: starting a timer according to the second periodicity; appending each of the one or more measurement results to a measurement log; and in accordance with a determination that the timer is timeout, reporting the measurement log to the first device.
Claim 5. The terminal device of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the terminal device to: transmit, by the access stratum of the terminal device to the access network device, the one or more measurement results.
Claim 22. The second device of claim 14, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the second device to: transmit, by the access stratum of the second device to the first device, the one or more measurement results.
Claim 6. The terminal device of claim 1, wherein the second periodicity information is received via a radio resource control message.
Claim 25. The second device of claim 14, wherein the second periodicity information is received via a radio resource control message.
Claim 7. The terminal device of claim 1, wherein the second periodicity information comprises at least one of the following: a value of the second periodicity, or a scale factor of the second periodicity relative to the first periodicity.
Claim 24. The second device of claim 14, wherein the second periodicity information comprises at least one of the following: a value of the second periodicity, or a scale factor of the second periodicity relative to the first periodicity.
Claim 8. The terminal device of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, further cause the terminal device to: collect the one or more measurement results by the access stratum of the terminal device, and transmit the one or more measurement results by the access stratum of the terminal device.
See claim 14.
Independent claim 9. A method comprising:
receiving by an access stratum of a terminal device, from an access network device, first periodicity information together with second periodicity information, the first periodicity information indicating a first periodicity used by an application layer of the terminal device in reporting of quality of experience measurements for a service of the terminal device and the second periodicity information indicating a second periodicity that is configured by the access network device for the terminal device to report one or more measurement results of the quality of experience measurements of the service;
collecting, by the terminal device, the one or more measurement results of the quality of experience measurements measured by the application layer of the terminal device; and
reporting the one or more measurement results according to the second periodicity.
Independent claim 44. A method comprising:
receiving at a second device, from a first device, first periodicity information indicating a first periodicity for the second device to report one or more measurement results of quality of experience measurements and second periodicity information, indicating a second periodicity that is configured for a service by the first device for the second device to report, an access stratum of the second device, one or more measurement results of a quality of experience measurement of the service;
collecting the one or more measurement results of the quality of experience measurement measured by an application layer of the second device; and
reporting the one or more measurement results of the quality of experience measurement of the service according to the second periodicity.
Claim 10. The method of claim 9, wherein the one or more measurement results are collected by the access stratum of the terminal device, and wherein the one or more measurement results are transmitted by the access stratum of the terminal device.
See claim 44.
Claim 11. The method of claim 9, further comprising: receiving, from the access network device, an application layer container used to configure parameters for the quality of experience measurements together with the second periodicity information, wherein the application layer container comprises first periodicity information indicating a first periodicity.
Claim 46. The method of claim 44, further comprising: receiving, from the first device, an application layer container used to configure parameters for the quality of experience measurement together with the second periodicity information, wherein the application layer container comprises first periodicity information indicating a first periodicity.
Claim 12. The method of claim 9, wherein reporting the one or more measurement results according to the second periodicity comprises: starting a timer according to the second periodicity; appending each of the one or more measurement results to a measurement log; and in accordance with a determination that the timer is timeout, reporting the measurement log to the access network device.
Claim 51. The method of claim 44, wherein reporting the one or more measurement results according to the second periodicity comprises: starting a timer according to the second periodicity; and appending each of the one or more measurement results to a measurement log; and in accordance with a determination that the timer is timeout, reporting the measurement log to the first device.
Claim 13. The method of claim 9, further comprising: transmitting, by the access stratum of the terminal device to the access network device, the one or more measurement results.
Claim 52. The method of claim 44, further comprising: transmitting, by the access stratum of the second device to the first device, the one or more measurement results.
Claim 14. The method of claim 9, wherein the second periodicity information is received via a radio resource control message.
Claim 55. The method of claim 44, wherein the second periodicity information is received via a radio resource control message.
Claim 15. The method of claim 14, wherein the second periodicity information comprises at least one of the following: a value of the second periodicity, or a scale factor of the second periodicity relative to the first periodicity.
Claim 54. The method of claim 44, wherein the second periodicity information comprises at least one of the following: a value of the second periodicity, an offset value indicating a time difference between the second periodicity and the first periodicity, or a scale factor of the second periodicity relative to the first periodicity.
Independent claim 16. A non-transitory computer readable medium comprising a computer program thereon, the computer program when executed by a processor of a terminal device, causing the terminal device to:
receive by an access stratum of the terminal device from an access network device, first periodicity information together with second periodicity information, the first periodicity information indicating a first periodicity to be used by an application layer of the terminal device in reporting of quality of experience measurements for a service of the terminal device and the second periodicity information indicating a second periodicity that is configured by the access network device for the terminal device to report one or more measurement results of the quality of experience measurements of the service;
collect, by the terminal device, the one or more measurement results of the quality of experience measurements measured by the application layer of the terminal device; and
report the one or more measurement results according to the second periodicity.
Independent claim 65. A non-transitory computer readable medium comprising a computer program thereon, the computer program when executed by a processor of a second device, causing the second device to:
receive at the second device, from a first device, first periodicity information indicating a first periodicity for the second device to report, by an access stratum of the second device, one or more measurement results of quality of experience measurements and the second device to report one or more measurement results of a quality of experience measurement of the service;
collect the one or more measurement results of the quality of experience measurement measured by an application layer of the second device; and
report the one or more measurement results of the quality of experience measurements of the service according to the second periodicity.
Conclusion
18. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN F VOLTAIRE whose telephone number is (571)272-3953. The examiner can normally be reached M-F 9:30-6:30 PM.
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/JEAN F VOLTAIRE/Examiner, Art Unit 2417
/PAUL H. MASUR/Primary Examiner, Art Unit 2417
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