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
`
`15/413,072
`
`01/23/2017
`
`Saad Ahmad
`
`IDC-11614USO3
`
`3243
`
`VOLPE AND KOENIG, P.C.
`DEPT ICC
`UNITED PLAZA
`30 SOUTH 17TH STREET
`PHILADELPHIA, PA 19103
`
`DECKER. CASSANDRA L
`
`PAPER NUMBER
`
`2466
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/26/2018
`
`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):
`
`eoffiee@volpe-koenig.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/413,072
`Examiner
`CASSANDRA L DECKER
`
`Applicant(s)
`Ahmad, Saad
`Art Unit
`2466
`
`AIA Status
`No
`
`- 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). Responsive to communication(s) filed on 28 June 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—2,8—12,14—17 and 19—20 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—2,8—12,14—17 and 19—20 is/are rejected.
`
`[:1 Claim(s)
`
`is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] 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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:J Some”
`
`c)C] None of the:
`
`1.[:]
`
`Certified copies of the priority documents have been received.
`
`2.[:]
`
`Certified copies of the priority documents have been received in Application No.
`
`3.[:] 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) C] 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) C] 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 20181011
`
`

`

`Application/Control Number: 15/413,072
`Art Unit: 2466
`
`Page 2
`
`DETAILED ACTION
`
`This Office action is in response to the amendment filed 28 June 2018. Claims 1, 2, 8-12, 14-17,
`
`19, and 20 are pending in this application.
`
`Notice of Pre-AIA or AIA Status
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`Claims 1, 2, 8, 11, 12, 15-17, and 20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Yu et al. (US 2011/0098043) in view of Pirzada et al. (US 2006/0073847) and Hakola
`
`et al. (US 2013/0013926).
`
`For Claim 1, Yu teaches a method for establishing a wireless local area network (WLAN)
`
`proximity service (ProSe) connectivity between a first WLAN ProSe capable wireless transmit/receive
`
`unit (WTRU) and a second WLAN ProSe capable WTRU (see Figure 6, paragraph 84: WTRUs establish
`
`D2D connection), the method comprising:
`
`receiving a request from the first WLAN ProSe capable WTRU to establish a WLAN ProSe
`
`connection to the second WLAN ProSe capable WTRU, the request including at least an identification of
`
`the second WLAN ProSe capable WTRU (see paragraphs 71, 82, and 89); and
`
`transmitting a configuration message with configuration information associated with the second
`
`WLAN ProSe capable WTRU, wherein the configuration information includes: a frequency or channel
`
`number and timing information (see paragraphs 74, 83, and 91).
`
`

`

`Application/Control Number: 15/413,072
`Art Unit: 2466
`
`Page 3
`
`Yu as applied above is not explicit as to, but Pirzada teaches the configuration information
`
`including a WLAN ID of the second WLAN ProSe capable WTRU , a medium access control (MAC) ID of
`
`the second WLAN ProSe capable WTRU, a frequency or channel number, a beacon interval, and timing
`
`information (see paragraphs 28, 29: parameters for configuration process; paragraph 24: device to
`
`device, 802.11).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of invention to
`
`include parameters as in Pirzada when implementing the method of Yu. One of ordinary skill would have
`
`been able to do so with the reasonably predictable result of using known parameters to establish direct
`
`links in a known type of network.
`
`Though Yu teaches the configuration message being at least an implicit indication to establish
`
`the WLAN ProSe connection (see paragraphs 74, 83, 91: allocation of resources to be used is at least an
`
`implicit indication to establish a connection using the resources), the references as applied above are
`
`not explicit as to, but Hakola teaches the configuration message with configuration information
`
`associated with the second WLAN ProSe capable WTRU being an indication to establish the WLAN ProSe
`
`connection (see paragraphs 36, 42).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of invention to
`
`provide an indication as in Hakola when switching to a ProSe connection in the system of Yu and Pirzada.
`
`The motivation would be to ensure that the ProSe connection is established at an appropriate time.
`
`For Claim 2, Yu teaches the method, further comprising: determining WLAN ProSe capabilities of
`
`the first WLAN ProSe capable WTRU and the second WLAN ProSe capable WTRU (see paragraphs 85, 87
`
`and 95, 97: D2D registration by WTRUs is an indication of capabilities).
`
`For Claims 11 and 16, Yu teaches a method and a first WLAN ProSe capable wireless
`
`transmit/receive unit (WTRU), comprising a receiver and transmitter (see paragraph 40) for establishing
`
`direct wireless local area network (WLAN) proximity service (ProSe) connectivity with a second WLAN
`
`

`

`Application/Control Number: 15/413,072
`Art Unit: 2466
`
`Page 4
`
`ProSe capable WTRU (see Figure 6, paragraph 84: WTRUs establish D2D connection), the method
`
`comprising:
`
`transmitting a request from the first WLAN ProSe capable WTRU to establish a WLAN ProSe
`
`connection with the second WLAN ProSe capable WTRU, the request including at least an identification
`
`of the second WLAN ProSe capable WTRU (see paragraphs 71, 82, and 89);
`
`receiving a configuration message with configuration information that is associated with the
`
`second WLAN ProSe capable WTRU, wherein the configuration information includes at least a frequency
`
`or channel number and timing information (see paragraphs 74, 83, and 91); and
`
`establishing a direct WLAN ProSe connection with the second WLAN ProSe capable WTRU based
`
`on the configuration message (see paragraph 83, Figure 5 item 550; paragraph 91, Figure 6 item 656).
`
`Yu as applied above is not explicit as to, but Pirzada teaches the configuration information
`
`including at least a WLAN ID of the second WLAN ProSe capable WTRU, a medium access control (MAC)
`
`ID of the second WLAN ProSe capable WTRU, a frequency or channel number, a beacon interval, and
`
`timing information (see paragraphs 28, 29: parameters for configuration process; paragraph 24: device
`
`to device, 802.11).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of invention to
`
`include parameters as in Pirzada when implementing the method of Yu. One of ordinary skill would have
`
`been able to do so with the reasonably predictable result of using known parameters to establish direct
`
`links in a known type of network.
`
`Though Yu teaches the configuration message being at least an implicit indication to establish
`
`the WLAN ProSe connection (see paragraphs 74, 83, 91: allocation of resources to be used is at least an
`
`implicit indication to establish a connection using the resources), the references as applied above are
`
`not explicit as to, but Hakola teaches the configuration message with configuration information
`
`

`

`Application/Control Number: 15/413,072
`Art Unit: 2466
`
`Page 5
`
`associated with the second WLAN ProSe capable WTRU being an indication to establish the WLAN ProSe
`
`connection (see paragraphs 36, 42).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of invention to
`
`provide an indication as in Hakola when switching to a ProSe connection in the system of Yu and Pirzada.
`
`The motivation would be to ensure that the ProSe connection is established at an appropriate time.
`
`For Claims 8, 15, and 20, Yu as applied above is not explicit as to, but Hakola teaches the
`
`method, wherein the configuration message is one of a radio resource control (RRC) or a Non-access
`
`stratum (NAS) message (see paragraphs 36, 42).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of invention to use
`
`RRC messaging as in Hakola when configuring and switching to a ProSe connection in the system of Yu.
`
`One of ordinary skill would have been able to do so with the reasonably predictable result of using a
`
`known type of messaging for managing resources.
`
`For Claims 12 and 17, Yu teaches the method and WTRU, further comprising: transmitting
`
`WLAN ProSe capabilities to a network node (see paragraphs 85, 87 and 95, 97: D2D registration by
`
`WTRUs is an indication of capabilities).
`
`Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yu et al. (US
`
`2011/0098043), Pirzada et al. (US 2006/0073847), and Hakola et al. (US 2013/0013926) as applied to
`
`claim 1 above, and further in view of Van Phan et al. (US 2015/0062154).
`
`For Claim 9, the references as applied above are not explicit as to, but Van Phan teaches the
`
`method, further comprising: transmitting identification of established radio bearers that need to be
`
`switched to the WLAN ProSe connection (see paragraphs 31, 35-37: signaling, established bearer
`
`information).
`
`

`

`Application/Control Number: 15/413,072
`Art Unit: 2466
`
`Page 6
`
`Thus it would have been obvious to a person of ordinary skill in the art at the time of invention
`
`to include bearer information as in Van Phan during signaling regarding the ProSe connection of Yu and
`
`Pirzada. The motivation would be for the network to ensure an appropriate level of service is
`
`maintained when the devices switch to the ProSe connection.
`
`Claims 10, 14, and 19 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yu
`
`et al. (US 2011/0098043), Pirzada et al. (US 2006/0073847), and Hakola et al. (US 2013/0013926) as
`
`applied to claims 1, 11, and 16 above, and further in view of Fodor et al. (US 2014/0122607).
`
`For Claim 10, the references as applied above are not explicit as to, but Fodor teaches the
`
`method, further comprising: receiving address information of the second WLAN ProSe capable WTRU to
`
`the first WLAN ProSe capable WTRU (see paragraphs 101, 102: WTRU receives this information as part
`
`of the establishing the ProSe connection).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of invention to
`
`provide address information as in Fodor when establishing the ProSe communication as in Yu and
`
`Pirzada. The motivation would be to ensure the WTRUs have the means to communication with each
`
`other and maintain their session.
`
`For Claims 14 and 19, though Yu does indicate that the registration process is part of a location
`
`area update (see paragraph 70), the references as applied above are not explicit as to, but Fodor teaches
`
`the method, further comprising: transmitting location information of the first WLAN ProSe capable
`
`WTRU to the network node (see paragraph 87).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of invention to
`
`provide location information as in Fodor during registration for ProSe communications as in Yu and
`
`Pirzada. The motivation would be to provide the network with means to determine which WTRUs are in
`
`appropriate locations for ProSe communications.
`
`

`

`Application/Control Number: 15/413,072
`Art Unit: 2466
`
`Page 7
`
`The amendment filed 28 June 2018 has been entered.
`
`Response to Arguments
`
`Applicant’s arguments with respect to rejections under 35 USC 103 have been fully considered,
`
`but are not persuasive. The claims remain rejected under 35 USC 103.
`
`As to teachings of Yu, please note that the cited portions of Yu do clearly show that the resource
`
`allocation message (configuration message) is in response to a connection establishment request. The
`
`allocation of resources for a connection is certainly an indication to establish the connection using the
`
`allocated resources.
`
`As to teachings of Pirzada, Pirzada is not relied on for teaching the indication to establish the
`
`WLAN ProSe connection.
`
`As to teachings of Hakola, please note that the cited portions of Hakola explicitly teach the
`
`transmission of a message including a command to establish a D2D connection.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to CASSANDRA L DECKER whose telephone number is (571)270-3946. The examiner
`
`can normally be reached on 7:30 am - 4:00 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.
`
`

`

`Application/Control Number: 15/413,072
`Art Unit: 2466
`
`Page 8
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Faruk Hamza can be reached on 571-272-7969. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the 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 http://pair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you 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.
`
`/CASSANDRA L DECKER/
`Examiner, Art Unit 2466
`
`10/11/2018
`
`/FARUK HAMZA/
`
`Supervisory Patent Examiner, Art Unit 2466
`
`