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 Arguments
Applicants arguments, see Remarks filed 07/07/2026, have been fully considered but are not persuasive.
Applicant argues that the cited combination fails to teach or suggest receiving, by a CU from a DU, a UE CONTEXT SETUP RESPONSE including a cellGroupConfig IE with a ReconfigurationwithSyncIE. Applicant further argues that Kim’s disclosure of ReconfigurationWithSync concerns signaling from a base station to a UE and that Kim’s disclosures of CellGroupConfig and ReconfigurationWithSync are separate and unrelated.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The rejection relies on the combined teachings of Paterson and Kim, rather than on Kim alone, for the claimed UE CONTEXT SETUP RESPONSE. Paterson is relied upon for the UE CONTEXT SETUP RESPONSE transmitted from the DU to the CU and including cell group configuration information. Kim is relied upon for the additional teaching concerning synchronization configuration associated with cell group configuration. In particular, Kim discloses configuration information configured and used for each cell group (see [00381-00385]), and further expressly teaches that the SpCell configuration information may include a ReconfigurationWithSync information element including parameters for synchronous reconfiguration to a target SpCell ([0387]). Thus, contrary to Applicant’s argument, Lim’s disclosure of ReconfigurationWithSync is expressly associated with configuration information for a cell group and is not relied upon merely as an unrelated disclosure.
Applicant’s argument concerning the direction in which Kim communicates the ReconfigurationWithSync information is likewise not persuasive. Kim is not relied upon for teaching the claimed transmission of the UE CONTEXT SETUP RESPONSE from the DU to the CU; Paterson provides that teaching. Rather, the rejection proposed incorporating Kim’s teaching of synchronization configuration information into the cell group configuration information provided according to Paterson. Accordingly, the fact that Kim describes such synchronization information in a different signaling context does not negate what the combined teaching of Paterson and Kim would have suggested to one of ordinary skill in the art. For these reasons, Applicant’s arguments are not persuasive, and the rejection is maintained below.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1, 6, 9, 18, 21, 28, 30 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Paterson (US 2021/0243656), in view of Kim et al (US 2021/0153086).
Regarding Claim 1, Paterson teaches a method in a base station central unit (CU) coupled to one or more base station distributed units (DUs) ([0094], Fig. 6, used in situations when the UE 3-2 moves from one gNB-DU (a source en-gNB-DU 5-2 a-1) to another gNB-DU (a target en-gNB-DU 5-2 a-1) within the same en-gNB-CU 5-2 b during NR operation), the method comprising:
transmitting, by the base station CU to a base station DU, a UE CONTEXT SETUP REQUEST message for a UE, the UE CONTEXT SETUP REQUEST message including a CG- ConfigInfo Information Element (IE) ([0112], Fig. 7, On receipt of the SgNB Modification Request message the en-gNB-CU 5-2 b sends, at step S723, a UE Context Modification Request message that includes the DU Configuration Query IE (or similar indicator) to the source en-gNB-DU 5-2 a-1, [0114], step S703, the en-gNB-CU 5-2 b sends a UE Context Setup Request message to the target en-gNB-DU 5-2 a-2 to create an UE context and setup one or more bearers. This message can thus include the full configuration information applied for the UE 3-2 at the source en-gNB-DU 5-2 a-1 (e.g. in a CG-ConfigInfo IE in a CU to DU RRC Information IE) thereby enabling the target en-gNB-DU 5-2 a-2 to apply a delta configuration));
receiving, by the base station CU from the base station DU, a UE CONTEXT SETUP RESPONSE message including a cellGroupConfig IE ([0115], target en-gNB-DU 5-2 a-2 responds to the en-gNB-CU 5-2 b, at step S704, with a UE Context Setup Response message (e.g. including delta configuration information for use by the UE when establishing the connection with the target)); and
generating, by the base station CU based on the UE CONTEXT SETUP RESPONSE message, a message for the UE including the cellGroupConfig IE ([0116], Fig. 7, On receipt of the UE Context Setup Response message, in step S705, the en-gNB-CU 5-2 b transmits an SgNB Modification Request Acknowledge message to the MeNB 5-1 (which may include the configuration information—delta or full) received in step S704).
Paterson fails to teach including a ReconfigurationWithSync IE with the cellGroupConfig IE.
In the same field of endeavor, Kim teaches including a ReconfigurationWithSync IE ([0371], When the security configuration is completed in steps 2e-50 and 2e-55, the BS 2e-02 transmits an RRCConnectionReconfiguration message to the UE 2e-01 in step 2e-60. The message may include bearer configuration information (RadioBearerConfig), cell group configuration information (CellGroupConfig), or frequency measurement information (MeasConfig) which the UE 2e-01 should measure, [0373], The RRCConnectionReconfiguration message may include a ReconfigurationWithSync information element (IE)) with the cellGroupConfig IE ([0381], MAC configuration information (mac-CellGroupConfig) and PHY configuration information (physicalCellGroupConfig) to be configured and used for each cell group (cell group specific), [0385], SpCell configuration information (SpCellConfig) for differently configuring a parameter of the SpCell (for example, referring to a PCell in an MCG and a PSCell in an SCG) configured for each cell group [0386] A. SpCell configuration information may include a serving cell identifier (ServeCellIndex) for identifying the corresponding SpCell. [0387] B. SpCell configuration information may include a ReconfigurationWithSync information element (IE) including parameters for the synchronous reconfiguration to the target SpCell).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a reconfigurationWithSync IE in the UE Context Setup Response message, as taught in Kim, in the system of Paterson, in order to reduce signaling overhead by clearly indicating when synchronization procedures will be required.
Regarding Claim 6, Paterson, modified by Kim, teaches the invention of Claim 1, wherein Paterson further teaches wherein the base station CU and the base station DU operate as a secondary node (SN) to support, with a master node (MN), dual connectivity (DC) at the UE; the method further comprising: transmitting the message for the UE to the MN ([0116], Fig. 7, On receipt of the UE Context Setup Response message, in step S705, the en-gNB-CU 5-2 b transmits an SgNB Modification Request Acknowledge message to the MeNB 5-1 (which may include the configuration information—delta or full) received in step S704).
Regarding Claim 9, Paterson, modified by Kim, teaches the invention of Claim 1, wherein Paterson further teaches transmitting the CG- Configlnfo Information IE in a CU to DU Radio Resource Control (RRC) Information IE ([0099], At step S603, the en-gNB-CU 5-2 b sends a UE Context Setup Request message to the target gNB-DU to create an UE context and setup one or more bearers. This message can thus include the full configuration information applied for the UE 3-2 at the source en-gNB-DU 5-2 a-1 (e.g. in a CG-ConfigInfo IE in a CU to DU RRC Information IE) thereby enabling the target en-gNB-DU 5-2 a-2 to apply a delta configuration).
Regarding Claim 18, Paterson teaches a base station central unit (CU) coupled to one or more base station distributed units (DUs) ([0094], Fig. 6, used in situations when the UE 3-2 moves from one gNB-DU (a source en-gNB-DU 5-2 a-1) to another gNB-DU (a target en-gNB-DU 5-2 a-1) within the same en-gNB-CU 5-2 b during NR operation), the base station CU comprising processing hardware (Fig. 4) and configured to:
transmit, to a base station DU, a UE CONTEXT SETUP REQUEST message for a UE, the UE CONTEXT SETUP REQUEST message including a CG-Configlnfo Information Element (IE) ([0112], Fig. 7, On receipt of the SgNB Modification Request message the en-gNB-CU 5-2 b sends, at step S723, a UE Context Modification Request message that includes the DU Configuration Query IE (or similar indicator) to the source en-gNB-DU 5-2 a-1, [0114], step S703, the en-gNB-CU 5-2 b sends a UE Context Setup Request message to the target en-gNB-DU 5-2 a-2 to create an UE context and setup one or more bearers. This message can thus include the full configuration information applied for the UE 3-2 at the source en-gNB-DU 5-2 a-1 (e.g. in a CG-ConfigInfo IE in a CU to DU RRC Information IE) thereby enabling the target en-gNB-DU 5-2 a-2 to apply a delta configuration));
receive, from the base station DU a UE CONTEXT SETUP RESPONSE message including a cellGroupConfig IE ([0115], target en-gNB-DU 5-2 a-2 responds to the en-gNB-CU 5-2 b, at step S704, with a UE Context Setup Response message (e.g. including delta configuration information for use by the UE when establishing the connection with the target)); and
generate, based on the UE CONTEXT SETUP RESPONSE message, a message for the UE including the cellGroupConfig IE ([0116], Fig. 7, On receipt of the UE Context Setup Response message, in step S705, the en-gNB-CU 5-2 b transmits an SgNB Modification Request Acknowledge message to the MeNB 5-1 (which may include the configuration information—delta or full) received in step S704).
Paterson fails to teach including a ReconfigurationWithSync IE with the cellGroupConfig IE.
In the same field of endeavor, Kim teaches including a ReconfigurationWithSync IE ([0371], When the security configuration is completed in steps 2e-50 and 2e-55, the BS 2e-02 transmits an RRCConnectionReconfiguration message to the UE 2e-01 in step 2e-60. The message may include bearer configuration information (RadioBearerConfig), cell group configuration information (CellGroupConfig), or frequency measurement information (MeasConfig) which the UE 2e-01 should measure, [0373], The RRCConnectionReconfiguration message may include a ReconfigurationWithSync information element (IE)) with the cellGroupConfig IE ([0381], MAC configuration information (mac-CellGroupConfig) and PHY configuration information (physicalCellGroupConfig) to be configured and used for each cell group (cell group specific), [0385], SpCell configuration information (SpCellConfig) for differently configuring a parameter of the SpCell (for example, referring to a PCell in an MCG and a PSCell in an SCG) configured for each cell group [0386] A. SpCell configuration information may include a serving cell identifier (ServeCellIndex) for identifying the corresponding SpCell. [0387] B. SpCell configuration information may include a ReconfigurationWithSync information element (IE) including parameters for the synchronous reconfiguration to the target SpCell).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a reconfigurationWithSync IE in the UE Context Setup Response message, as taught in Kim, in the system of Paterson, in order to reduce signaling overhead by clearly indicating when synchronization procedures will be required.
Regarding Claim 21, Paterson teaches a method in a base station distributed unit (DU) coupled to a base station central unit (CU) ([0094], Fig. 6, used in situations when the UE 3-2 moves from one gNB-DU (a source en-gNB-DU 5-2 a-1) to another gNB-DU (a target en-gNB-DU 5-2 a-1) within the same en-gNB-CU 5-2 b during NR operation), the method comprising:
receiving, by the base station DU from the base station CU, a UE CONTEXT SETUP REQUEST message for a UE, the UE CONTEXT SETUP REQUEST message including a CG- Configlnfo Information Element (IE) ([0112], Fig. 7, On receipt of the SgNB Modification Request message the en-gNB-CU 5-2 b sends, at step S723, a UE Context Modification Request message that includes the DU Configuration Query IE (or similar indicator) to the source en-gNB-DU 5-2 a-1, [0114], step S703, the en-gNB-CU 5-2 b sends a UE Context Setup Request message to the target en-gNB-DU 5-2 a-2 to create an UE context and setup one or more bearers. This message can thus include the full configuration information applied for the UE 3-2 at the source en-gNB-DU 5-2 a-1 (e.g. in a CG-ConfigInfo IE in a CU to DU RRC Information IE) thereby enabling the target en-gNB-DU 5-2 a-2 to apply a delta configuration));
in response to determining that the UE CONTEXT SETUP REQUEST message includes the CG-Configlnfo IE in a cellGroupConfig IE for the UE ([0115], target en-gNB-DU 5-2 a-2 responds to the en-gNB-CU 5-2 b, at step S704, with a UE Context Setup Response message (e.g. including delta configuration information for use by the UE when establishing the connection with the target)); and
transmitting, by the base station DU to the base station CU, a UE CONTEXT SETUP RESPONSE including the cellGroupConfig IE ([0116], Fig. 7, On receipt of the UE Context Setup Response message, in step S705, the en-gNB-CU 5-2 b transmits an SgNB Modification Request Acknowledge message to the MeNB 5-1 (which may include the configuration information—delta or full) received in step S704).
Paterson fails to teach including a ReconfigurationWithSync IE with the cellGroupConfig IE.
In the same field of endeavor, Kim teaches including a ReconfigurationWithSync IE ([0371], When the security configuration is completed in steps 2e-50 and 2e-55, the BS 2e-02 transmits an RRCConnectionReconfiguration message to the UE 2e-01 in step 2e-60. The message may include bearer configuration information (RadioBearerConfig), cell group configuration information (CellGroupConfig), or frequency measurement information (MeasConfig) which the UE 2e-01 should measure, [0373], The RRCConnectionReconfiguration message may include a ReconfigurationWithSync information element (IE)) with the cellGroupConfig IE ([0381], MAC configuration information (mac-CellGroupConfig) and PHY configuration information (physicalCellGroupConfig) to be configured and used for each cell group (cell group specific), [0385], SpCell configuration information (SpCellConfig) for differently configuring a parameter of the SpCell (for example, referring to a PCell in an MCG and a PSCell in an SCG) configured for each cell group [0386] A. SpCell configuration information may include a serving cell identifier (ServeCellIndex) for identifying the corresponding SpCell. [0387] B. SpCell configuration information may include a ReconfigurationWithSync information element (IE) including parameters for the synchronous reconfiguration to the target SpCell).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a reconfigurationWithSync IE in the UE Context Setup Response message, as taught in Kim, in the system of Paterson, in order to reduce signaling overhead by clearly indicating when synchronization procedures will be required.
Regarding Claim 28, Paterson, modified by Kim, teaches the invention of Claim 18, wherein Paterson further teaches wherein: the base station CU and the base station DU operate as a secondary node (SN) to support, with a master node (MN), dual connectivity (DC) at the UE; the base station CU further configured to:transmit the message for the UE to the MN ([0116], Fig. 7, On receipt of the UE Context Setup Response message, in step S705, the en-gNB-CU 5-2 b transmits an SgNB Modification Request Acknowledge message to the MeNB 5-1 (which may include the configuration information—delta or full) received in step S704).
Regarding Claim 30, Paterson, modified by Kim, teaches the invention of Claim 18, wherein Paterson further teaches transmit the CG-Configlnfo IE-in a CU to DU Radio Resource Control (RRC) Information IE ([0114], step S703, the en-gNB-CU 5-2 b sends a UE Context Setup Request message to the target en-gNB-DU 5-2 a-2 to create an UE context and setup one or more bearers. This message can thus include the full configuration information applied for the UE 3-2 at the source en-gNB-DU 5-2 a-1 (e.g. in a CG-ConfigInfo IE in a CU to DU RRC Information IE) thereby enabling the target en-gNB-DU 5-2 a-2 to apply a delta configuration)).
Regarding Claim 34, Paterson, modified by Kim, teaches the invention of Claim 21, wherein Paterson further teaches receiving the CG-Configlnfo IE in a CU to DU RRC Information IE ([0114], step S703, the en-gNB-CU 5-2 b sends a UE Context Setup Request message to the target en-gNB-DU 5-2 a-2 to create an UE context and setup one or more bearers. This message can thus include the full configuration information applied for the UE 3-2 at the source en-gNB-DU 5-2 a-1 (e.g. in a CG-ConfigInfo IE in a CU to DU RRC Information IE) thereby enabling the target en-gNB-DU 5-2 a-2 to apply a delta configuration)).
Claims 25-27, 31-33, and 35-37 are rejected under 35 U.S.C. 103 as being unpatentable over Paterson (US 2021/0243656), in view of Kim et al (US 2021/0153086), and further in view of Wu (US 2019/0350029).
Regarding Claims 25, 31, and 35, Paterson, as modified by Kim, teaches all aspects of the invention according to Claims 1, 18, and 21 above, except receiving, prior to the transmitting of the UE CONTEXT SETUP REQUEST message, an INITIAL UL RRC MESSAGE TRANSFER message including an RRC message from the UE.
In the same field of endeavor, Wu teaches receiving, prior to the transmitting of the UE CONTEXT SETUP REQUEST message, an INITIAL UL RRC MESSAGE TRANSFER message including an RRC message from the UE ([0017], first CU receives a first INITIAL UPLINK (UL) RADIO RESOURCE CONTROL (RRC) MESSAGE TRANSFER message from the first DU, wherein the first INITIAL UL RRC MESSAGE TRANSFER message includes a first RRC Reestablishment Request (RRCReestablishmentRequest) message or a first RRC Resume Request (RRCResumeRequest) message received from a first UE, and includes a first cell group configuration (CellGroupConfig) for the first UE).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a resume request in initial uplink RRC messaging, as taught in Wu, in the system of Paterson, modified by Kim, in order to more efficiently reestablish in fallback situations. (See Wu [0002])
Regarding Claims 26, 32, and 36, Paterson, modified by Kim and Wu teach all aspects of the invention as disclosed in 18, 21 and 25 above, Wu further teaches wherein the INITIAL UL RRC MESSAGE TRANSFER message includes an RRCResumeRequest message ([0017], first CU receives a first INITIAL UPLINK (UL) RADIO RESOURCE CONTROL (RRC) MESSAGE TRANSFER message from the first DU, wherein the first INITIAL UL RRC MESSAGE TRANSFER message includes a first RRC Reestablishment Request (RRCReestablishmentRequest) message or a first RRC Resume Request (RRCResumeRequest) message received from a first UE, and includes a first cell group configuration (CellGroupConfig) for the first UE).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a resume request in initial uplink RRC messaging, as taught in Wu, in the system of Paterson, modified by Kim, in order to more efficiently reestablish in fallback situations. (See Wu [0002])
Regarding Claims 27, 33, and 37, Paterson, as modified by Kim, teaches all aspects of the invention as disclosed in Claims 1, 18 and 21 above, except wherein the message for the UE includes an RRCResume request.
In the same field of endeavor, Wu teaches wherein the message for the UE includes an RRCResume request ([0017], first CU receives a first INITIAL UPLINK (UL) RADIO RESOURCE CONTROL (RRC) MESSAGE TRANSFER message from the first DU, wherein the first INITIAL UL RRC MESSAGE TRANSFER message includes a first RRC Reestablishment Request (RRCReestablishmentRequest) message or a first RRC Resume Request (RRCResumeRequest) message received from a first UE, and includes a first cell group configuration (CellGroupConfig) for the first UE).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a resume request in initial uplink RRC messaging, as taught in Wu, in the system of Paterson, modified by Kim, in order to more efficiently reestablish in fallback situations. (See Wu [0002])
Claims 7 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Paterson (US 2021/0243656), in view of Kim et al (US 2021/0153086), and further in view of Futaki et al (US 2022/0070740)
Regarding Claims 7 and 29, Paterson, modified by Kim, teaches the invention of Claims 6 and 18 above, except receiving, from the MN and prior to transmitting the message for the UE, a request to add the base station CU and the base station DU as the SN, the request including a cell information.
In the same field of endeavor, Futaki teaches receiving, from the MN and prior to transmitting the message for the UE, a request to add the base station CU and the base station DU as the SN, the request including a cell information ([0092], a conditional mobility may be executed in the secondary node change (SN Change) in DC, the source RAN node (i.e. source SN) or the MN sends a request message (e.g., SN ADDITION REQUEST) of a conditional SN Change to the target SN, the request message of the conditional SN change may indicate a plurality of candidate target cells, target RAN node (e.g., target SN) transmits toa radio terminal (UE), via the MN, a first configuration common to the plurality of candidate target cells (e.g., PSCell candidate cells of the target SN) and a plurality of second configurations each associated with a respective one of the plurality of candidate target cells, the radio terminal receives in an MCG cell an RRC message (e.g., LTE RRC Connection Reconfiguration) of MN RAT containing an RRC message(e.g., NR RRC Reconfiguration) of SN RAT that includes the common first configuration and the plurality of second configurations, the radio terminal then performs the conditional SN Change by using the received common first configuration and the received second configurations).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include adding the base station units as secondary nodes prior to performing any mobility procedures, as taught in Futaki, in the system of Paterson, in order to reduce signaling overhead of an inter-RAN node interface (and an air interface). (See Futaki [0011, 0138])
Conclusion
THIS ACTION IS MADE FINAL. 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 MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM.
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/MARGARET G WEBB/ Primary Examiner, Art Unit 2641
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