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 Objections
Claims 9 and 19 are objected to because of the following informalities: Claims 9 and 19 recite, “a medium access control control element (MAC CE) signaling”. The word “control” is repeated twice in the claims. The second “control” should be deleted. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1-3, 6-7, 9-13, 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oyman et al. – hereinafter Oyman (US 9,246,842)
As per claim 1, Oyman discloses A method, comprising: receiving, by a wireless communication endpoint from a wireless communication node, signaling indicating radio-access network (RAN) awareness information including one or more quality of service (QoS) metrics for the wireless communication node; (Col 12 line 61- Col 13 line 12; The transceiver module can be configured to receive a QoE activation request from a QoE reporting server in a radio access network (RAN). The QoE activation request can include at least one QoE metric to be monitored. The QoE monitor can be configured to measure the at least one QoE metric on the wireless device. The transceiver module can be further configured to report the at least one QoE metric in a QoE report to the QoE reporting server. The QoE metric can include a buffer level, playout duration, rebuffering percentage, peak signal to noise ratio (PSNR), video quality metric (VQM), structural similarity metric (SSIM), perceptual evaluation of video quality metric (PEVQ), video mean opinion scores (MOS), subjective quality metric, initial playout delay, or media presentation description (MPD) information.)
and transmitting, by the wireless communication endpoint, one or more packets to the wireless communication node according to the QoS metrics from the RAN awareness information received from the wireless communication node. Col 12 lines 34-56; The QoE-aware proxy server 748 can be configured to intercept service layer signaling including a media fragment or a media metadata and perform an HTTP server function on the media fragment or media metadata based on the QoE report. The HTTP server function can include storing, transcoding, modifying, or distributing the media fragment or media metadata. The media metadata can include a media presentation description (MPD) metadata file. The QoE-aware proxy server can be configured to perform a HTTP server function on a multimedia-specific application-layer parameter in the MPD metadata file.)
As per claim 2, Oyman discloses the method of claim 1, further comprising generating, by the wireless communication endpoint, the one or more packets using a bitrate determined according to the QoS metrics from the RAN awareness information received from the wireless communication node. (Col 10 lines 10-27; A multimedia-specific application-layer parameter in the MPD information can include a multimedia bitrate, multimedia resolution, multimedia encoder frame rate, multimedia codec information, rate-distortion function for a multimedia stream)
As per claim 3, Oyman discloses the method of claim 2, wherein the one or more QoS metrics are for one or more QoS flows used by the wireless communication endpoint, and wherein the method further comprises determining, by the wireless communication endpoint, the bitrate for generating the one or more packets based on the QoS metrics for each of the one or more QoS flows. (; [0033] Client device configurations to manage the streaming session, modify session parameters (e.g., derive new RTSP/SDP session parameters), adapt video parameters (e.g., bitrate, resolution, frame rate, etc.)
As per claim 6, Oyman discloses the method of claim 1, wherein the wireless communication endpoint comprises at least one of a user equipment or an application server. (Col 1 lines 29-43; In 3GPP radio access network (RAN) LTE systems, the node can be a combination of Evolved Universal Terrestrial Radio Access Network (E-UTRAN) Node Bs (also commonly denoted as evolved Node Bs, enhanced Node Bs, eNodeBs, or eNBs) and Radio Network Controllers (RNCs), which communicates with the wireless device, known as a user equipment (UE).)
As per claim 7, Oyman discloses the method of claim 1, wherein the QoS metrics include at least one of i) an indication of a portion of packets dropped during transmission by the wireless communication node, ii) a time delay for a packet to be transmitted by the wireless communication node, or iii) a level of traffic on a wireless network corresponding to the wireless communication node. (Col 12 line 61-Col 13 line 12; The QoE metric can include a buffer level, playout duration, rebuffering percentage, peak signal to noise ratio (PSNR), video quality metric (VQM), structural similarity metric (SSIM), perceptual evaluation of video quality metric (PEVQ), video mean opinion scores (MOS), subjective quality metric, initial playout delay, or media presentation description (MPD) information.)
As per claim 9, Oyman discloses the method of claim 1. wherein the signaling comprises at least one of a medium access control control element (MAC CE) signaling or a radio resource control (RRC) signaling. ([0023]; In an example, the link layer can include media access control (MAC), radio link control (RLC), packet data convergence protocol (PDCP), radio resource control (RRC) layers 382)
As per claim 10, Oyman discloses the method of claim 1, wherein the one or more QoS metrics comprise a change from one or more first QoS metrics to one or more second QoS metrics. (Col 4 line 60 – Col 5 line 15; QoE evaluation methodologies, performance metrics, and reporting protocols and/or mechanisms can be used to optimize the delivery of HTTP streaming and DASH services. For example, QoE monitoring and feedback can be beneficial for detecting and debugging failures, managing streaming performance, enabling intelligent client adaptation (which can be useful for device manufacturers) and allowing for QoE-aware network adaptation and service provisioning (which can be useful for the network operator and content/service provider).)
As per claims 11 and 20, please see the discussion under claim 1 as similar logic applies.
As per claim 12, please see the discussion under claim 2 as similar logic applies.
As per claim 13, please see the discussion under claim 3 as similar logic applies.
As per claim 16, please see the discussion under claim 6 as similar logic applies.
As per claim 17, please see the discussion under claim 7 as similar logic applies.
As per claim 19, please see the discussion under claim 9 as similar logic applies.
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 4-5, 14-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over
Oyman et al. – hereinafter Oyman (US 9,246,842) in view of Zhang et al. – hereinafter Zhang (US 2023/0189072)
As per claim 4, Oyman discloses the method of claim 1, wherein the QoS metrics include a data rate for use by the wireless communication endpoint for transmitting the one or more packets on a QoS flow. (Col 13 lines 13-35; In an example, the transceiver module 724 can be further configured to receive a modified parameter from the QoE reporting server based on the QoE report. The processing module 722 can be configured to modify a wireless device parameter based on the modified parameter. The modified parameter can include a modulation and coding scheme (MCS), PHY layer parameter, link layer parameter, MAC layer parameter, RRC layer parameter, network layer parameter, IP layer parameter, or a multimedia-specific application-layer parameter in a media presentation description (MPD) metadata file. The multimedia-specific application-layer parameter in the MPD metadata file can include a multimedia bitrate)
Oyman fails to explicitly disclose QOS flows.
Zhang discloses the wherein the QoS metrics include a data rate for use by the wireless communication endpoint for transmitting the one or more packets on a QoS flow. ([0008] In some embodiments, the traffic characteristics include traffic pattern information that includes any one or more of the following: a periodicity, a burst size, a data block interval, a data block duration, a maximum packet size, a minimum packet size, a maximum flow bitrate, a minimum flow bitrate, and an average throughput… the second network function of the network node transmits a message to a core network to optimize QoS management, wherein the message comprises any one or more of: the traffic awareness information, at least some of the one or more QoS flows to data radio bearer (DRB) remapping information, or one or more recommended QoS parameters.)
It would have been obvious before the earliest effective filing date for the teachings of Oyman to be modified so the QOS metric include data rate by on transmitting one or more packets in a QOS flow. This would have been beneficial to support higher data-rates, large number of connections, ultra-low latency, high reliability and other emerging business needs. (Zhang, [0004])
As per claim 5, Oyman / Zhang discloses The method of claim 4. Oyman discloses further comprising generating, by the wireless communication endpoint, the one or more packets according to a bitrate determined based on the data rate indicated in the RAN awareness information. (Col 13 lines 13-35; The processing module 722 can be configured to modify a wireless device parameter based on the modified parameter. The modified parameter can include a modulation and coding scheme (MCS), PHY layer parameter, link layer parameter, MAC layer parameter, RRC layer parameter, network layer parameter, IP layer parameter, or a multimedia-specific application-layer parameter in a media presentation description (MPD) metadata file. The multimedia-specific application-layer parameter in the MPD metadata file can include a multimedia bitrate)
As per claim 8, Oyman discloses the method of claim 7, an indication of portion of packets dropped during transmission by the wireless communication nodes (Col 7 lines 19-53; For example, A.sup.out can be defined as a 2% frame loss and A.sup.cov can be defined as 98% for near-realtime services)
and the time delay (Col 9 lines 18-63; Application-level constraints and target QoS parameters can include delay, jitter, or quality.)
Zhang discloses the QOS parameters corresponds to a QoS flow of a plurality of QoS flows. ([0009]; an indication for the network node to detect traffic characteristics of the one or more QoS flows and service types, a start time when the network node is to begin detecting the traffic characteristics of the one or more QoS flows, a stop time when the network node is to stop detecting the traffic characteristics of the one or more QoS flows, a sampling rate used by the network node to detect the traffic characteristics of the one or more QoS flows, or a service list that indicates one or more services that are indicated to the network node to detect)
As per claim 14, please see the discussion under claim 4 as similar logic applies.
As per claim 15, please see the discussion under claim 5 as similar logic applies.
As per claim 18, please see the discussion under claim 8 as similar logic applies.
Conclusion
The prior art made of record and not relied upon is considered pertinent toapplicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from theexaminer should be directed to Chirag R Patel whose telephone number is (571)272-7966. The examiner can normally be reached on Monday to Friday from 9:00AM to 6:00PM. If attempts to reach the examiner by telephone are unsuccessful, theexaminer's supervisor, Glenton Burgess, can be reached on 571-272-3949. The fax phone number for the organization where this application or proceedingis assigned is 571-273-8300.
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/Chirag R Patel/
Primary Examiner, Art Unit 2454
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