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 Remark
This communication is considered fully responsive to the amendment filed on 12/02/2025 .
Claims 14-15, 17 are pending and examined in this Office Action (“OA”).
Claims 14-15, 17 has been amended.
No claim has been added and claims 1-13, 16 and 18-23 had been previously cancelled.
Response to Arguments
Applicant’s arguments, filled on 12/02/2025, with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 3. The examiner notes that the foreign priority application (IN201611036776, filed 10/26/2016) , IN201711014793, filled 04/26/2017) is contained within the file wrapper dated 04/26/2019. The examiner further notes that the foreign priority application is in English. The examiner has reviewed this subject matter and does not find support under 35 USC 112(a) for the current claims. See MPEP 216. In particular, the examiner fails to find support for “wherein the MME is configured to send, to the eNB,an a New Radio (NR) subscription and a User Equipment (UE)New Radio (NR) capability;” the claimed functions.
For IN201611036776, MME gets subscription information from HSS (if needed). Page . 7/20 does have MME gets subscription information from HSS (if needed). UE capabilities and NR subscription is checked. However, it is not clear on what is sent in the Attached response message sent from MME to eNB. In fact, there is no need to send the UE capabilities and NR subscription since this information is already at the eNB at the prior step (emphasis added). Furthermore, there appears to be NO further determination of DC as claimed with gNB by eNB. Thus, how is claim 1 supported?
For IN201711014793, MME may request the information on the subscription
to HSS or other network nodes. MME stores the information (initial attachment procedure). “MME sends initial context setup request to eNB. The request includes UE's capability and defined in TS 36.413 and TS 24.301. In addition, capability relating to NR and security algorithms used in gNB is also included. An example of the format is shown later.” But does not show claimed language “wherein the MME is configured to send, to the eNB, an a New Radio (NR) subscription and a User Equipment (UE)New Radio (NR) capability”
The Therefore, for the purposes of applying prior art, the examiner considers the effective filing date of the claims to be 10/26/2017 which is the 371 filling of PCT/JP2017/038824 . If the applicant disagrees with this conclusion, they are invited to provide support for 112(a) on the record.
Claim Rejections - 35 USC § 103
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 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.
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.
Claim(s) 14-15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over HWANG et al. (US 20180332659 A1; hereinafter as “HWANG”) in view of PALAT et al. (US 20210282213 A1; hereinafter as “PALAT”, which has priority date May 5, 2017).
Examiner’s note: in what follows, references are drawn to HWANG unless otherwise mentioned.
Regarding claim 14, HWANG teaches
A system (see fig. 1: 12, fig. 1, Fig. 4 with UE, eNB, gNB, MME )
comprising:
an Evolved Node B (eNB) (MeNB or LTE NB : [0097]-[0098] );
a gNB ( 5G CU , gNB : [0097]-[0098]); and
a Mobility Management Entity (MME) ( MME : fig. 12 ),
wherein the MME (==MME) is configured to send, to the eNB (==LF BS in Fig. 12 ), a New Radio (NR) subscription and a User Equipment (UE)New Radio (NR) capability (aforesaid MME sends “UE Context Transfer” to LF BS (==eNB above ) which includes, inter alia, UE’s subsection information and UE’s capability information where UE is NR capable UE : : [0172]-[0174; “ The 5G capability information of the terminal may be conveyed in the terminal subscription information (e.g., international mobile equipment identity (IMEI)) and aggregate maximum bitrate (AMBR). ”: [0044]; “ he user information indicative of the 5G capability of the UE may be stored in the core network (e.g., home subscriber server (HSS)) in the form of an LTE system subscriber profile. The user information may be conveyed in an IMEI or AMBR parameter. If the IMEI or AMBR is set to a value indicative of 5G, the MME 213 may transmit to the LTE eNB 203 the information indicating that the UE 201 supports 5G communication”: [0059]);
the eNB (==Fig. 12 LF BS/eNB ) is configured to determine whether to establish Dual Connectivity with t(==Second Cell ) for a User Equipment (UE) by checking whether the UE has capability for (==Second Cell ) (aforesaid eNB in Fig. 12 determine to add another second cell/mmWave Cell for UE based on UE’s capability : [0174]-0175]).
While HWANG teaches that eNB determine dual connection with another Base Station/mmWave cell for UE; HWANG does not expressive disclose:
the eNB is configured to determine whether to establish Dual Connectivity with the gNB;
eNB determines…. and is authorized to access the gNB based on the NR subscription and the UE NR capability after the UE and eNB establish a Radio Resource Control (RRC) connection.
PALAT, in the same field of endeavor, discloses:
the eNB (==Fig. 3 eNB/MN 102) is configured to determine whether to establish Dual Connectivity with the gNB (Fig. 3 is in a process to establishing dual connection for a UE with eNB and gNB: [0052]; eNB determined dual connection with gNB for UE : [0052]-[0054]);
eNB (==Fig. 3 eNB/MN 102) determines…. and is authorized to access the gNB based on the NR subscription and the UE NR capability after the UE and eNB establish a Radio Resource Control (RRC) connection ( eNB 102 has RRC connection with UR : [0054]; MME sends UE’s subscription, capability, authorization information to eNB: [00136]-[0137]; eNB determines UE’s access to gNB for dual connection: [0052).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of HWANG to include the above recited limitations as taught by PALAT. The suggestion/motivation would be providing security or authentication key as port of communication between eNB and gNB for UE’s access to dual connect : (PALAT: [0030).
Regarding claim 15, HWANG teaches
A Evolved Node B (eNB) ((MeNB or LTE NB : [0097]-[0098]); comprising a processor configured to:
receive, from a Mobility Management Entity (MME) (See fig. 12: MME) , ana New Radio (NR) subscription and a User Equipment (UE)New Radio (NR) capability (aforesaid MME sends “UE Context Transfer” to LF BS (==eNB above ) which includes, inter alia, UE’s subsection information and UE’s capability information where UE is NR capable UE : : [0172]-[0174; “ The 5G capability information of the terminal may be conveyed in the terminal subscription information (e.g., international mobile equipment identity (IMEI)) and aggregate maximum bitrate (AMBR). ”: [0044]; “ he user information indicative of the 5G capability of the UE may be stored in the core network (e.g., home subscriber server (HSS)) in the form of an LTE system subscriber profile. The user information may be conveyed in an IMEI or AMBR parameter. If the IMEI or AMBR is set to a value indicative of 5G, the MME 213 may transmit to the LTE eNB 203 the information indicating that the UE 201 supports 5G communication”: [0059]).
While HWANG teaches that eNB determine dual connection with another Base Station/mmWave cell for UE; HWANG does not expressive disclose:
eNB … determine whether to establish Dual Connectivity with the gNB ();
and is authorized to access the gNB based on the NR subscription and the UE NR capability after the UE and the eNB establish a Radio Resource Control (RRC) connection.
PALAT, in the same field of endeavor, discloses:
eNB (==Fig. 3 eNB/MN 102) … determine whether to establish Dual Connectivity with the gNB (Fig. 3 is in a process to establishing dual connection for a UE with eNB and gNB: [0052]; eNB determined dual connection with gNB for UE : [0052]-[0054]);
and is authorized to access the gNB based on the NR subscription and the UE NR capability after the UE and the eNB establish a Radio Resource Control (RRC) connection connection ( eNB 102 has RRC connection with UR : [0054]; MME sends UE’s subscription, capability, authorization information to eNB: [00136]-[0137]; eNB determines UE’s access to gNB for dual connection: [0052).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of HWANG to include the above recited limitations as taught by PALAT. The suggestion/motivation would be providing security or authentication key as port of communication between eNB and gNB for UE’s access to dual connect : (PALAT: [0030).
Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth in claim 15.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M MOSTAZIR RAHMAN whose telephone number is (571)272-4785. The examiner can normally be reached 8:30am-5:00pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M Mostazir Rahman/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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