UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/759,184
`
`03/09/2018
`
`JOACHIM LOEHR
`
`731456.463USPC
`
`6324
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`GEORGE” AYANAH S
`
`ART UNIT
`
`2467
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/22/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/759,184
`Examiner
`AYANAH s GEORGE
`
`Applicant(s)
`LOEHR et al.
`Art Unit
`2467
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)I Responsive to communication(s) filed on 3/19/18.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`Claim(s) 10—15 is/are allowed.
`
`Claim(s) 1 and 3—9 is/are rejected.
`
`Claim(s) 2 is/are objected to.
`
`) ) ) )
`
`)
`are subject to restriction and/or election requirement
`[j Claim(s
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.jjgptgng/patents/init_event§/pph/index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
`
`Application Papers
`
`10)D The specification is objected to by the Examiner.
`
`11)I The drawing(s) filed on 3/93/18 is/are: a)I accepted or b)[:] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.I Certified copies of the priority documents have been received.
`
`213 Certified copies of the priority documents have been received in Application No.
`
`3B Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200518
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page 2
`
`1. This action is a response to an application filed 3/9/18 in which claims 1-15 are pending.
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`2. The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`The following is a quotation of 35 U.S.C.112(b):
`
`Claim Rejections - 35 USC § 112
`
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing
`out a nd distinctly claiming the subject matter which the i nventor or a joint inventor rega rds as
`the invention.
`
`The following is a quotation of35 U.S.C.112(pre-AIA), second pa ragraph:
`The specification shall conclude with one or more claims particularly pointing out a nd distinctly
`cla iming the subject matter which the a pplicant regards as his invention.
`
`3. Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C.112(pre-A|A), second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which the
`
`inventor or ajoint inventor, or for pre-AIA the applicant rega rds as the invention. The claim
`
`recites ”the remote user equipment according to claim 7... determines that a protocol data unit
`
`is to be transmitted to the remote user equipment” it is unclear ifthe unit is being transmitted
`
`to or from the remote unit. The examiner is interpreting it as the remote unit is transmitting the
`
`packet to the relay unit. Please clarify, appropriate action is required.
`
`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 patentfor a claimed invention may not be obtained, notwithstandingthatthe claimed
`invention is not identically disclosed as set forth in section 102, ifthe differences between the
`claimed invention a nd the priorartare such that the claimed invention as a whole would have
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page 3
`
`been obvious before the effective fi ling date ofthe claimed invention to a person havingordinary
`ski II in the a rt to whi chthe claimed invention pertains. Patenta bility shall not be negated by the
`manner in which the i nventi on was made.
`
`4. Claims 1 and 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ayoub et al.
`
`(Pub. No.2 2009/0010258), herein Ayoub, ZTE Corporation, ”Priority in UE-to-Network relay”,
`
`August 2015, herein ZTE.
`
`its to ciaim 1, Ayoub teaches a receiver, which, in operation, receives a controi packet from the
`
`remote user equipment via a first sideiinl»: nearer, the control packet comprising an indication of a
`
`priority associated with protocol data units transmitted by the remote user equipment via the first
`
`, 2 22C? Dr/RX
`sideiinir bearer :4 out} Ff
`
`
`ori
`inotin node {remote U5) mo be indicated in oockez‘heoderin ornioz‘ion
`
`a processor, which, in operation, stores an association hetweenthe priority indication received
`
`in the controi packet and a first radio bearer used by the reiay user equipment to reiay the protocoi data
`
`packets received from the remote user equipment to the radio base station, the processor, which, in
`
`operation, determines, based on the stored association, the priority according to which a protocoi data
`
`unit, that was. received from the radio base station via the first radio heerer, shouid he transmitted to
`
`
`the remote user equipment 'Avoub Ff
`
`
`, 2 22C? controoier
`
`{0026? controiier or" the switching“ node is
`
`‘ uren' to determine the rion‘ti o rickets received ‘rorn onenoo'e ‘or‘orwordin
`
`node controileris con i tired to estobii'sn o riorityiink o the ociretreeeivedi" the * ock‘etsntis ies n
`
`
`
`
`
`
`
`
`
`'o‘escribin"
`.riorit condition 0024} the swircnin node reeeivesinformotion beacon/control
`
`riorit
`inciudin " source node and destination node, the node then records the in ormotr'on'
`
`, and
`
`a transmitter, which, in operation, reiays the received protocoi data unit to the remote user
`
`.23 2.10
`equipment using a second sideiink bearer that corresponds to the determined priority {Ayoub Fig.
`
`"ix/Rx {90207 rocketsthot satis‘ 'the r'iorit 'conditionor‘e orwor‘dedto the destination node {remote
`
`LIE i We the new * riorit'i fink second sideiinil: bearer
`
`
`
`Ayoub does not teeth
`
`A reiay user equipment for relaying protocoi data units exchanged with a remote user equipment within
`
`a mobile communication network, wherein the reiay user equipment is connected to a radio base
`
`station, wherein the relay use.r equipment reiays communication between the remote use r equipment
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page4
`
`and the radio base. statirzn and exchanges the preteml data units ever siqeiini; hearers with the remete
`
`user equipment, the reiay user equipment comprising:
`
`However ZTE dees teach
`
`A relay user equipment fer reiaying uretecel ciata units exchanged with a remote user
`
`equipment within a mobile cei‘nmuhicatien network, wherein the reiay user equipment is connected to
`
`a radio base statien, wherein the relay user equipment reiays mmmuhieatien between the rennete user
`
`1):
`equipment and the radie bar e statien and exchangesthe pretecei data units ever sidelink bearerswith
`
`
`the remote user equipment, the relay user equipment eemprisihg ’ZTEF! '. I reiaiUE reievs retecoi
`
`data units with a remote US the refs;
`
`
`is connected to a base station using sideiink bearersi
`
`
`
`
`it weuld haye been ebvious bet-ere the etieetiye tiiing date to cernbihe the tea-things of Ayoub
`
`with ZTE, because ZTE previeles sqiutiens fer supperting prierity based data transmissien in UE te
`
`hietwerkreiays {ZTEiritradueterBESieuru re i2
`
`its te ciaim S, Ayeub teaches a receiving a centrei packet from the remete user equipmeht Via a
`
`first sideiihk bea rer, the cehtrei packet cemprising ah indieatien of a prierity asseciated with uretecei
`
`data units transmitted by the remete user equipment via the first sideiihlr. bearer {Aveub Fig. 2 2.1!)
`
`Tx/RX 0025' hiuh rieritierstdtuse'the ucirets sentbv the (Ni inutiri' made rerrmte U53 met be
`
`indicated in ticket heederintormetioni
`
`staring an asseeiatien between the prierity inditatien received in the centroi packet and a first
`
`radio bearer used by the relayi user equipment te reiay the pretecoi data packets reteiyed tram the
`
`remete user equipment te the radio base statien, determining, based en the stored assetiatieh, tne
`
`brierity accerding to which a protocei data unit, that was received from the. radio base statien via the
`
`iirst radio bearer, sheuid be transmitted tn the remete user equipment 34% out; Ff
`
`. 2 220 writr‘eiier
`
`@016 i eentreiier'e the switchin node is can i" uredte determine the rierit 9 packets received tern
`
`
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page 5
`
`
`
`Emcee/centre! acketidescrihin 3rierr't' inciua’in snurcennde and destination node the node then
`
`retards the ingermutiengi, a nd
`
`relaying received orotoepi data unit t0 the remote user equipment using a second sidelink
`
` tickets that sntis z
`bearer that corresponds to the determined priority A'
`
`
`
`the riorit . conditien are terwarded to the destinetien nude
`
`
`
`
`sidelinit bearer};
`
`
`
` remote UEivie themes" rioritviink second
`
`
`
`Ayeub dees not teeth
`
`A rnethed fer eperating a r'eiay user equipment fer relaying pretecei data units exchanged with
`
`e remete user equipment within a rnebiie cumrnunicatien network, wherein the relay user equipment is
`
`eennecteei to a radie hase station, wherein the relay user equipment relays eemmunieatien between the
`
`remete user equipment and the radio base statien and exeha nges the hretecoi data units over sidelink
`
`bearers withthe rempte user equipment, the method cemprising the fpliowihg steps perfermed by the
`
`relay user equipment
`
`However ZTE dees teach
`
`A method fer pperating a r'elayuser equipment fer reiaying orotoepl data units exchanged with a
`
`remete user equipment within a mobile eemmunicatien netwerit, wherein the reiey user equipment is
`
`connected t0 a radio base statien, wherein the relax,i user equipment relays communication between the
`
`remete user equipment and the radio base statien and exeha nges the hretecoi data units over sidelink
`
`bearers withthe rempte user equipment, the method cemprising the fpliowihg steps perfermed by the
`
`
`relay user equipment: {ZTE Fi
`. I rein i LIE reimz‘s nmtemi dataunits with a remote (15 the retards
`L‘enneetea’ tr; a base station usin sideiinir bearers}
`
`it weuld have been envious bet-ere the effective iiiing date to combine the teethings of Ayoub
`
`with ZTE, tor the same reasons stated in eieim 1.
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page 6
`
`its tn ciaim 3. Aypup teaches a tre nsmitterwhicn, in nneratinn, transmits a cuntrpi packet tn the
`
`reia’y user equipment via a first sideiink bearer, the central paeitet ineiuding an indicatian of a priority
`
`associated with pr'e‘tecei data units transmitted by the remote user equipment via the first sideiink
`
`. 2 210 Kit/RX 0026 hi
` bearerte the reia’y user equipment {A nub Ff
`
`sent is I the eri martin" node {renters Us?) the be indicated in eckethean’er in ormetian
`
`Ayeun does not teach
`
`A rennete user equipment fer transmitting prntncni data units to a relay user equipment
`
`cennected tn a radio base statinn within a rnu'piie cummunicatipn netwnrk, wherein the reiay user
`
`equipment r'eiays communicatian between the rernete user equipment and the radie base stetien and
`
`exchanges protocei data units ever sideiink bearers with the reiay user equipment, the remnte user
`
`equipment comprising:
`
`However ZTE dues teach
`
`A remnte user equipment for transmitting prutumi data units tr} :3 reiay user equipment cunnected tr} :3
`
`rediu base station within a mnbiie cemrnunicatinn netwerk, wherein the reia‘y‘ user equipment reieys
`
`eemrnunicatien between the remote user equipment and the radio base statiun and exchanges pretecoi
`
`data units over sidelink bearers with the reiay user equipment, the remote user' equipment comprising:
`
`ZTE Fi
`
`
`
`
`
`, i rein UE rein i5 uratemi data units with a remote UE
`
`the rein ’ifi? cannected to a base station
`
`
`
`
`
`usine sideiink bearers)
`
`it would have been ppvinus heture the effective tiiing date tn cnmpine the teachings 0t Aynun
`
`with ZTE, fer the sarne reasons stated in ciaim 1‘
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page 7
`
`his te tiaim 9. Ayauh teaches transmitting a control packet to the relay user equipment via a
`
`first sideiink bearer, the centrei packet including an indication at a nrierity asseciated with nretecel data
`
`units transmitted by the remote user equipment via the first sidelink bearerte the r'eiay user equipment
`
`A‘ out) Ff
`
`. 2 210 Kit/RX 0025 hi"h .rierit 0r status a the .eckets 5e. tb . the en" inetine node
`
`
`
`Ayeuh times net teach
`
`A rnethtzti it}? unerating a remute user equipment fer transmitting pretecai data units to a relay
`
`user equipment cennected t0 a radio base station within a mehiie cernmunicatien hetwerk, wherein the
`
`reia’y user equipment relays cernntunication hetweenthe rernete user equipment and the radie base
`
`statieh and exchanges pretecei data units ever sideiinlx: bearers with the relax,i user equipment, the
`
`method eemprising the foilewing step eerterrned by the remote user equiement
`
`HeweverZTE dues teach
`
`A metheti for operating a rem-ate user equipment for transmitting uretecei tiata units to a relay,i
`
`user equipment connected tn 3 radie base statien within a rnebiie eemrnunieatieh netwerk, wherein the
`
`reiay user equipment relays ceniinunicatien betweenthe remote user equipment and the radie base
`
`station anti exchanges mete-:05 data units over sideiink isea rers with the relayuser equipment, the
`
`methed comprising the taiiewihg step perfarmeti by the remete user equipment {SITE Fig. 1 reia'gUE
`reia 1; rotocei data units with a remote UE, the rein is cennectee‘ m a base station usin sidelink
`
`
`
`heme rs
`
`it weuid have been ebvieus befere the effective filing date te cernhine the teachings e‘i
`
`Ayeub with ZTE, fer the same reasens stated in claim 1.
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page 8
`
`As to tiaim 3, the combination o‘iAyoob and ZTE teach the relay user equipment according to
`
`eiairn 1, wherein the processor, when in operation, determines the first radio hearerto he used for
`
`reiayihg the prototoi date unit to the radio base station hased on information inciuded in the protocol
`
`data unit received from the remote user equinment and corresponding packet filter ruies stored in the
`
`relay user equipment {rigour} {0025} The beacon has information elements that together with a rule set
`
`allow the node or mesh points {MPsf to decide which channel in a multi—channel environment to use to
`
`link to other node or MPs in the meshf,
`
`wherein the transmitter, when in operation, transmits the protocol data unit to the radio base
`
`station using the determined first radio hea rer, and ereéeeahiywherein the processor, when in
`
`operation, generates and stores the association between the priority indication received in the control
`
`packet and the first radio heareroniy after determining the first radio oea rertor a first one of a pitirality
`
`of or’otoeoi data units received from the remote user equipment via the first sidelinit heater {£130er
`
`[00162 the controlleris configured to determine the priority of packets received from one node before
`
`forwarding the packets to another node [0024f The switching node receiving the beacon will then record
`
`the high priority gacketinformation contained in the beacon. All gackets received by the node will then
`
`be com ared to the recorded in ormation to determine whether the acketis a riorit
`
`acket. The
`
`beacon would contain in ormation describin the hi h riorit
`
`ackets. Such in ormation ma include
`
`but is not limited to: source node identificationI message IDsI destination informationf
`
`As to eiaim ii, the combination of Ayotih and ZTE teeth the relax,i user equinmeht according to
`
`claim 1, wherein the relay user equipment, upon receiving the protocol data unit from the radio base
`
`station, either sets on a new second sideiinir hea rerwith the determined priority, when no sideiini;
`
`bearer with the determined priority is available, or selects. the second sideiinir bearer corresponding to
`
`the determined priority, when a sideiinit hearerwith the determined priority is evaiiahie, so as to relay
`
`the received protocol data unit to the remote user equipment.
`
`r’Ai/‘oub {0020} the priority link is
`
`established by designating an existing link as the priority/ink. An existing link may be designated as a
`
`priority link if a new link cannot be establishedI the controller of the wireless communication device
`
`establishes a new/ink designated as the priority link with one or more neighboring nodesf
`
`its to ciairn I", the combination of Avonh and ZTE teach the remote user equipment according to
`
`ciaim 6, wherein the transmitter, when in operation, transmits a controi packet to the reiay user
`
`

`

`Application/Control Number: 15/759,184
`Art Unit: 2467
`
`Page 9
`
`equipment when the priority of a protocol data unit to be transmitted to the relay user equipment via
`
`the first sidelinis: bearerehahges Myoub {00255 In one embodiment, the emergencymode is
`
`communicated to one or more neighboring nodes via a beacon, as discussed above. The high priority or
`
`emer enc status 0 the ackets sent b the ori inatin node ma also be indicated b
`
`acket header
`
`information. In this embodiment, during the emergencystate or mode, the header portion of each packet
`
`to be transmitted is modified to indicate the high priority or emergency status of the packetsf
`
`As to tiair‘n 8, the combination ofAyoub and ZTE teach the remote user equipment according to
`
`Ciaim 7, further comprising a processor, which, in operation, determines that a protocoi data unit is to
`
`be transmitted to the remote user equipment, the protocol tiata unit being associated with a priority,
`
`and wherein the processor, when in operation, determines that there .s no sidelink bearer that
`
`corresponds to the priority with which the protocoi data unit .s to be transmitted to the relay user
`
`equipment, wherein upon this determination, the processor sets up a sidelink bearerto the reiay user
`
`equipment corresponding to said priority, and the tr'ansrnittertr'ansrnits the cohtroi packet comprising
`
`the priority to the remote user equipment via the set-up sidelink bearer before transmitting the
`
`protocol data unit to the remote user equipment via the set—up sitieiink bearer (145205;!) {GGZQEAccording
`
`to this embodiment, packets that satisfy the priority condition are forwarded to the next switching node
`
`or to the destination node via the new priority link and [00242 the switching node receives a beacon
`
`having a priority access indicator indicating packet priority. The beacon is transmitted by the source or
`
`switching node before transmitting any high priority packetsf
`
`Allowable Subject Matter
`
`Claims 1-15 are allowed.
`
`Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if
`
`rewritten in independent form including all of the limitations ofthe base claim and any intervening
`
`claims.
`
`

`

`Application/Control Num ber: 15/759,184
`Art Unit: 2467
`
`Page 10
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to AYANAH S GEORGE whose telephone number is (571)272-8880. The examiner can
`
`normally be reached on 7:00AM - 5:00 PM.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`Ifattemptsto reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Hassan Phillips can be reached on 572-272-3940. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information rega rdingthe status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact
`
`the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Ifyou would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA) or 571-272-1000.
`
`AYANAH S. GEORGE
`
`Primary Examiner
`Art Unit 2467
`
`[AYANAH S GEGRGE,’
`Primary Examiner, Art Unit 246?
`
`