`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
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`15/413,072
`
`01/23/2017
`
`Saad Ahmad
`
`lDC-11614US03
`
`3243
`
`24374
`7590
`03/28/2018
`VOLPE AND KOENIG, p.c. —
`DEPT. ICC
`DECKER, CASSANDRA L
`UNITED PLAZA
`30 SOUTH 17TH S TREET
`
`PAPER NUMBER
`
`PHILADELPHIA, PA 19103
`
`2466
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`03/28/2018
`
`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):
`
`eoffice @ volpe-koenig.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 15/413,072 AHMAD, SAAD
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2466CASSANDRA DECKER first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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).
`after SIX (6) MONTHS from the mailing date of this communication.
`If 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).
`
`In no event, however, may a reply be timely filed
`
`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 21 February 2018.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`2a)IZ| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IXI C|aim(s) 12 6-12 14-1719 and 20 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`
`1 2 6-12 14-17 19 and 20 is/are rejected.
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`is/are objected to.
`
`
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`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`htt ://\va.usoto. ov/ atents/init events"
`h/index.‘s
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`or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
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`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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)
`
`
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`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180315
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`

`

`Application/Control Number: 15/413,072
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`Page 2
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`Art Unit: 2466
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`DETAILED ACTION
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`This Office action is in response to the amendment filed 21, February 2018.
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`Claims 1, 2, 6-12, 14-17, 19, and 20 are pending in this application.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Claim Rejections - 35 USC § 103
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`The text of those sections of Title 35, U.S. Code not included in this action can
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`be found in a prior Office action.
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`Claims 1, 2, 6, 11, 12, 16, and 17 is/are rejected under pre-AIA 35 U.S.C. 103(a)
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`as being unpatentable over Yu et al. (US 2011/0098043) in view of Pirzada et al. (US
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`2006/0073847).
`
`For Claim 1, Yu teaches a method for establishing a wireless local area network
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`(WLAN) proximity service (ProSe) connectivity between a first WLAN ProSe capable
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`wireless transmit/receive unit (WTRU) and a second WLAN ProSe capable WTRU (see
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`Figure 6, paragraph 84: WTRUs establish D2D connection), the method comprising:
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`receiving a request from the first WLAN ProSe capable WTRU to establish a
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`WLAN ProSe connection to the second WLAN ProSe capable WTRU, the request
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`including at least an identification of the second WLAN ProSe capable WTRU (see
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`paragraphs 71, 82, and 89); and
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`transmitting a configuration message with configuration information associated
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`with the second WLAN ProSe capable WTRU, wherein the configuration information
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`

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`Application/Control Number: 15/413,072
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`Page 3
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`Art Unit: 2466
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`includes a frequency or channel number and timing information (see paragraphs 74, 83,
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`and 91).
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`Yu as applied above is not explicit as to, but Pirzada teaches the configuration
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`information including a WLAN ID of the second WLAN ProSe capable WTRU , a
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`medium access control (MAC) ID of the second WLAN ProSe capable WTRU, a
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`frequency or channel number, a beacon interval, and timing information (see
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`paragraphs 28, 29: parameters for configuration process; paragraph 24: device to
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`device, 802.11).
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of
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`invention to include parameters as in Pirzada when implementing the method of Yu.
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`One of ordinary skill would have been able to do so with the reasonably predictable
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`result of using known parameters to establish direct links in a known type of network.
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`For Claim 2, Yu teaches the method, further comprising: determining WLAN
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`ProSe capabilities of the first WLAN ProSe capable WTRU and the second WLAN
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`ProSe capable WTRU (see paragraphs 85, 87 and 95, 97: D2D registration by WTRUs
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`is an indication of capabilities).
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`For Claim 6, Yu teaches the method, wherein the configuration message is an
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`implicit indication to establish the WLAN ProSe connection (see paragraphs 74, 83, 91:
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`allocation of resources to be used is at least an implicit indication to establish using the
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`resources).
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`For Claims 11 and 16, Yu teaches a method and a first WLAN ProSe capable
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`wireless transmit/receive unit (WTRU), comprising a receiver and transmitter (see
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`

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`Application/Control Number: 15/413,072
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`Page 4
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`Art Unit: 2466
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`paragraph 40) for establishing direct wireless local area network (WLAN) proximity
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`service (ProSe) connectivity with a second WLAN ProSe capable WTRU (see Figure 6,
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`paragraph 84: WTRUs establish D2D connection), the method comprising:
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`transmitting a request from the first WLAN ProSe capable WTRU to establish a
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`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
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`paragraphs 71, 82, and 89);
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`receiving a configuration message with configuration information that is
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`associated with the second WLAN ProSe capable WTRU, wherein the configuration
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`information includes at least a frequency or channel number and timing information (see
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`paragraphs 74, 83, and 91); and
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`establishing a direct WLAN ProSe connection with the second WLAN ProSe
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`capable WTRU based on the configuration message (see paragraph 83, Figure 5 item
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`550; paragraph 91, Figure 6 item 656).
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`Yu as applied above is not explicit as to, but Pirzada teaches the configuration
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`information including at least a WLAN ID of the second WLAN ProSe capable WTRU, a
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`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.
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`

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`Application/Control Number: 15/413,072
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`Page 5
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`Art Unit: 2466
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`One of ordinary skill would have been able to do so with the reasonably predictable
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`result of using known parameters to establish direct links in a known type of network.
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`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
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`95, 97: D2D registration by WTRUs is an indication of capabilities).
`
`Claims 7, 8, 15, and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Yu et al. (US 2011/0098043) and Pirzada et al. (US 2006/0073847)
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`as applied to claims 1, 11, and 16 above, and further in view of Hakola et al. (US
`
`2013/0013926).
`
`For Claim 7, the references as applied above are not explicit as to, but Hakola
`
`teaches the method, wherein the configuration message includes an explicit indication
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`to establish the WLAN ProSe connection (see paragraphs 36, 42).
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`Thus it would have been obvious to one of ordinary skill in the art at the time of
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`invention to provide an indication as in Hakola when switching to a ProSe connection in
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`the system of Yu and Pirzada. The motivation would be to ensure that the ProSe
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`connection is established at an appropriate time.
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`For Claims 8, 15, and 20, Yu as applied above is not explicit as to, but Hakola
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`teaches the method, wherein the configuration message is one of a radio resource
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`control (RRC) or a Non-access stratum (NAS) message (see paragraphs 36, 42).
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`Thus it would have been obvious to one of ordinary skill in the art at the time of
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`invention to use RRC messaging as in Hakola when configuring and switching to a
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`

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`Application/Control Number: 15/413,072
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`Page 6
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`Art Unit: 2466
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`ProSe connection in the system of Yu. One of ordinary skill would have been able to do
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`so with the reasonably predictable result of using a known type of messaging for
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`managing resources.
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`Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
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`Yu et al. (US 2011/0098043) and Pirzada et al. (US 2006/0073847) as applied to claim
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`1 above, and further in view of Van Phan et al. (US 2015/0062154).
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`For Claim 9, the references as applied above are not explicit as to, but Van
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`Phan teaches the method, further comprising: transmitting identification of established
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`radio bearers that need to be switched to the WLAN ProSe connection (see paragraphs
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`31, 35-37: signaling, established bearer information).
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`Thus it would have been obvious to a person of ordinary skill in the art at the time
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`of invention to include bearer information as in Van Phan during signaling regarding the
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`ProSe connection of Yu and Pirzada. The motivation would be for the network to ensure
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`an appropriate level of service is maintained when the devices switch to the ProSe
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`connection.
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`Claims 10, 14, and 19 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Yu et al. (US 2011/0098043) and Pirzada et al. (US 2006/0073847)
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`as applied to claims 1, 11, and 16 above, and further in view of Fodor et al. (US
`
`2014/0122607).
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`

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`Application/Control Number: 15/413,072
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`Page 7
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`Art Unit: 2466
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`For Claim 10, the references as applied above are not explicit as to, but Fodor
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`teaches the method, further comprising: receiving address information of the second
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`WLAN ProSe capable WTRU to the first WLAN ProSe capable WTRU (see paragraphs
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`101, 102: WTRU receives this information as part of the establishing the ProSe
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`connection).
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`Thus it would have been obvious to one of ordinary skill in the art at the time of
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`invention to provide address information as in Fodor when establishing the ProSe
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`communication as in Yu and Pirzada. The motivation would be to ensure the WTRUs
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`have the means to communication with each other and maintain their session.
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`For Claims 14 and 19, though Yu does indicate that the registration process is
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`part of a location area update (see paragraph 70), the references as applied above are
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`not explicit as to, but Fodor teaches the method, further comprising: transmitting
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`location information of the first WLAN ProSe capable WTRU to the network node (see
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`paragraph 87).
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`Thus it would have been obvious to one of ordinary skill in the art at the time of
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`invention to provide location information as in Fodor during registration for ProSe
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`communications as in Yu and Pirzada. The motivation would be to provide the network
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`with means to determine which WTRUs are in appropriate locations for ProSe
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`communications.
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`Response to Arguments
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`The amendment filed 21 February 2018 has been entered.
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`

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`Application/Control Number: 15/413,072
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`Page 8
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`Art Unit: 2466
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`Previous rejections under 35 USC 112 are withdrawn in light of the amendments
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`to or cancellation of the claims rejected thereunder.
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`Applicant’s arguments with respect to rejections over prior art have been fully
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`considered, but are moot in view of the new grounds of rejection introduced herein. The
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`claims remain rejected under 35 USC 103.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. Cho et al. (US 2014/0092800) teaches configuration information
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`including a WLAN ID of the second WLAN ProSe capable WTRU , a medium access
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`control (MAC) ID of the second WLAN ProSe capable WTRU, a frequency or channel
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`number, a beacon interval, and timing information (see paragraphs 79-82, Figure 6).
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`

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`Application/Control Number: 15/413,072
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`Page 9
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`Art Unit: 2466
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`

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`Application/Control Number: 15/413,072
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`Page 10
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`Art Unit: 2466
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`/CASSANDRA DECKER/
`
`Examiner, Art Unit 2466
`3/16/2018
`
`/FARUK HAMZA/
`
`Supervisory Patent Examiner, Art Unit 2466
`
`