DETAILED ACTION
Applicant’s amendment and arguments filed July 17, 2025 is acknowledged.
Claims 1, 3, 4, 13, 14, 15, 24, 25, and 26 have been amended.
Claims 5-11 are cancelled as previously indicated.
Claims 1-4 and 12-26 are currently pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 17, 2025 has been entered.
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 of this title, 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU et al. (hereinafter Zhu) (U.S. Patent Application Publication # 2022/0078687 A1) in view of YILMAZ et al. (hereinafter Yilmaz) (U.S. Patent Application Publication # 2021/0337414 A1), and further in view of Rahat et al. (hereinafter Rahat) (U.S. Patent Application Publication # 2019/0281507 A1).
Regarding claim 1, Zhu teaches a communication apparatus (UE, figures 2 and 6) capable of performing data communication with one or more base stations (base stations, eNB and gNB, figure 2), the communication apparatus comprising: at least one memory (memory, figure 6) that stores a set of instructions; and at least one processor (processor, figure 6) that executes the instructions, the instructions, when executed, causing the communication apparatus to perform operations comprising:
determining whether or not to perform communication using both of a master base station (master eNB, figure 6) which performs communication in accordance with an LTE communication system conforming to a 3GPP (Third Generation Partnership Project) standard, and a secondary base station (secondary gNB, figure 6) which performs communication in accordance with a 5G communication system to be selected by the master base station for the data communication ([0045]; [0047]; [0049]; figure 2; teaches determining whether to perform dual connectivity with an LTE eNB associated with an LTE system and a gNB associated with a 5G system);
measuring first communication qualities, which are qualities of one or more signals received from the base stations for LTE communication system at least including the master base station; and measuring second communication qualities, which are qualities of one or more signals received from the base stations for 5G communication system ([0078]; [0110]; [0124]; [0125]; [0156]; teaches the UE measures signal quality and conditions of the LTE and 5G system);
transmitting a second measurement report (measurement report) including the first communication qualities and the second communication qualities to the master base station in a case where it is determined to perform communication using both the master base station and the secondary base station to be selected by the master base station in a situation that after the communication apparatus transmits, in the phase of connecting to the master base station, the capability information indicating that the communication apparatus has the dual connectivity capability for connecting to both the base station for the LTE communication system and the base station for the 5G communication system and the communication setup via the master base station has been completed, and the connection with the master base station is maintained ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established); and
establishing a connection for the communication with the secondary base station (secondary gNB, figure 6) in response to receiving a predetermined signal (establishment request) from the master base station after transmitting the measurement report including the first communication qualities and the second communication qualities ([0064]; [0069]; [0074]; [0186]; [0225]; teaches the LTE eNB transmits an establishment signal to the 5G base station for establishing a connection for communication with the 5G base station).
However, Zhu does not explicitly disclose transmitting a first measurement report including the first communication qualities but not including qualities of signals received from the base stations for 5G communication system, in a case where it is determined not to perform communication using both the master base station and the secondary base station to be selected by the master base station.
Nonetheless, in the same field of endeavor, Yilmaz teaches transmitting a first measurement report (measurement report) including the first communication qualities but not including qualities of signals received from the base stations for 5G communication system, in a case where it is determined not to perform communication using both the master base station and the secondary base station to be selected by the master base station (master node (LTE), MeNB, figures 2 and 3) ([0014]; “…the UE's measurement report is sent 305 to the MeNB only…”; [0040]; “…The report is adapted to comprise a result of a measurement according to a measurement configuration. The measurement configuration configures the UE to measure a respective frequency provided by at least one out of: the MN and the one or more SNs for communication…”; teaches in the case when not performing communication using both the MeNB and SeNB, only sending the measurement report to the MeNB, where the measurement report only includes measurements of the LTE system).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate only sending the measurement report to the MeNB as taught by Yilmaz with the apparatus for determining whether to perform dual connectivity with a LTE eNB associated with an LTE system and a gNB associated with a 5G system and transmitting measurement reports as disclosed by Zhu for the purpose of efficiently communicating measurement configuration for measurement reports, as suggested by Yilmaz.
However, Zhu, as modified by Yilmaz, may not explicitly disclose wherein in a case where a first user setting is set to the communication apparatus, in the determining, it is determined to perform communication using both the master base station and the secondary base station, and in a case where a second user setting is set to the communication apparatus, in the determining, in the determining, it is determined not to perform communication using both the master base station and the secondary base station, wherein the first user setting and the second user setting are set alternatively; setting the first user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on a user interface portion of the communication apparatus; and setting the second user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on the user interface portion.
Nonetheless, in the same field of endeavor, Rahat teaches and suggests wherein in a case where a first user setting (user preference setting) is set to the communication apparatus, in the determining, it is determined to perform communication using both the master base station and the secondary base station, and in a case where a second user setting (user preference setting) is set to the communication apparatus, in the determining, in the determining, it is determined not to perform communication using both the master base station and the secondary base station ([0002]; “…allow a user to select a preference for calling, such as Wi-Fi Preferred, Cellular Preferred, or Wi-Fi Only…”; [0019]; “…a user selects a preference for cellular communications for a user equipment through a priority order whereby the user equipment connects to an available licensed cellular network, and connect to an unlicensed wireless network when no licensed cellular network is available…”; [0025]; “…user may input an updated priority order to change or overwrite the priority order for connection to a licensed cellular network or an unlicensed wireless network…” [0044]; teaches a user setting preference for determining and prioritizing to perform communication using both a cellular and WiFi network node and a user setting preference for determining and prioritizing to perform communication not using both a cellular and WiFi network node), wherein the first user setting and the second user setting are set alternatively; setting the first user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on a user interface portion of the communication apparatus; and setting the second user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on the user interface portion ([0019]; [0025]; [0044]; “…user interface 230 includes computer executable code that displays information on a user interface on a display screen of the user equipment. Information for display may include the identification of available licensed cellular networks, identification of available unlicensed wireless networks, current user preference for connection, the ability to override the connection preference, and the ability to change the connection preference…”; teaches the user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a user setting preference for determining and prioritizing to perform communication using both a cellular and WiFi network node and a user setting preference for determining and prioritizing to perform communication not using both a cellular and WiFi network node and the user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal as taught by Rahat with the apparatus for determining whether to perform dual connectivity with a LTE eNB associated with an LTE system and a gNB associated with a 5G system and transmitting measurement reports as disclosed by Zhu, as modified by Yilmaz, for the purpose of allowing a user to set network connection preferences of the user equipment, as suggested by Rahat.
Regarding claim 2, Zhu, as modified by Yilmaz and Rahat, further teaches starting the data communication to the secondary base station after the connection for the communication with the secondary base station has been established ([0045]; [0047]; [0049]; [0058]; figure 2; [0225]; teaches the LTE eNB transmits an establishment signal to the 5G base station for establishing a connection for communication with the 5G base station and transmitting data to the 5G base station).
Regarding claim 3, Zhu, as modified by Yilmaz and Rahat, further teaches notifying, after a connection for the communication with the secondary base station has been established, a user that indicating the dual connectivity has been started ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU et al. (hereinafter Zhu) (U.S. Patent Application Publication # 2022/0078687 A1) in view of YILMAZ et al. (hereinafter Yilmaz) (U.S. Patent Application Publication # 2021/0337414 A1) and Rahat et al. (hereinafter Rahat) (U.S. Patent Application Publication # 2019/0281507 A1), and further in view of WAKABAYASHI et al. (hereinafter Wakabayashi) (U.S. Patent Application Publication # 2023/0268991 A1).
Regarding claim 4, Zhu, as modified by Yilmaz and Rahat, discloses communicating measurement reports the base station, but does not explicitly disclose disconnecting, upon condition that the data communication is finished after the data communication has been started, the connection for the communication with the secondary base station, and wherein in a case where a user instruction indicating execution of a moving picture upload has been received, in the determining, it is determined to perform communication using both the master base station and the secondary base station to be selected by the master base station.
Nonetheless, in the same field of endeavor, Wakabayashi teaches and suggests disconnecting, upon condition that the data communication is finished after the data communication has been started, the connection for the communication with the secondary base station ([0056]; teaches terminating dual connection based on a trigger condition), and wherein in a case where a user instruction indicating execution of a moving picture upload has been received, in the determining, it is determined to perform communication using both the master base station and the secondary base station to be selected by the master base station ([0062]; [0073]; teaches uploading of video files using dual connection).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate terminating dual connection based on a trigger condition and uploading of video files using dual connection as taught by Wakabayashi with the method for dual connectivity with a master and second base station as disclosed by Zhu, as modified by Yilmaz and Rahat, for the purpose of providing dual connectivity for a device, as suggested by Wakabayashi.
Regarding claim 12, Zhu, as modified by Yilmaz and Rahat, discloses communicating measurement reports the base station, but does not explicitly disclose wherein the communication apparatus is a digital camera having an image capturing function, and the data is captured image data obtained by the image capturing function.
Nonetheless, in the same field of endeavor, Wakabayashi teaches and suggests wherein the communication apparatus is a digital camera having an image capturing function, and the data is captured image data obtained by the image capturing function ([0034]; teaches the communication apparatus can be a digital camera).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the communication apparatus can be a digital camera as taught by Wakabayashi with the method for dual connectivity with a master and second base station as disclosed by Zhu, as modified by Yilmaz and Rahat, for the purpose of providing dual connectivity for a device, as suggested by Wakabayashi.
Claims 13-17, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU et al. (hereinafter Zhu) (U.S. Patent Application Publication # 2022/0078687 A1) in view of LEE et al. (hereinafter Lee) (U.S. Patent Application Publication # 2020/0351976 A1), and further in view of Rahat et al. (hereinafter Rahat) (U.S. Patent Application Publication # 2019/0281507 A1).
Regarding claims 13, 14, and 15, Zhu teaches a method and a communication apparatus (UE, figures 2 and 6) capable of performing communication with one or more base stations (base stations, eNB and gNB, figure 2), the method comprising: at least one memory (memory, figure 6) that stores a set of instructions; and at least one processor (processor, figure 6) that executes the instructions, the instructions, when executed, causing the communication apparatus to perform operations comprising:
receiving information transmitted from a base station ([0056]; teaches the UE receives information from the base station, such as measurement configuration information),
transmitting, based on the received information, in a case where a first user setting (first UE capability) is set to the communication apparatus ([0031]; [0064]; [0077]; [0110]; teaches the UE has UE capability settings related to using both LTE and 5G base station (dual connectivity) and UE capability settings related to using only one network and not both base stations, such as 5G base station), first information (measurement report) indicating a communication quality of a signal received from a base station of an LTE communication system conforming to a 3GPP (Third Generation Partnership Project) standard ([0078]; [0110]; [0124]; [0125]; [0156]; teaches the UE measures signal quality and conditions of the LTE and 5G system) and second information (measurement report) indicating a communication quality of a signal received from a base station of a 5G communication system confirming to the 3GPP standard ([0078]; [0110]; [0124]; [0125]; [0156]; teaches the UE measures signal quality and conditions of the LTE and 5G system), to a main base station (master eNB, figure 6) to which the communication apparatus has a connection ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established), and
establishing a connection for data communication with a secondary base station (secondary gNB, figure 6) of the 5G communication system conforming to the 3GPP standard in response to receiving a predetermined signal (establishment request) from the master base station after transmitting the second information wherein the connection with the master base station is established in a setup sequence including transmitting capability information indicating that the communication apparatus has dual connectivity capability for connecting to both the base station for the LTE communication system and the base station for the 5G communication system ([0064]; [0069]; [0074]; [0186]; [0225]; teaches the LTE eNB transmits an establishment signal to the 5G base station for establishing a connection for communication with the 5G base station).
However, Zhu does not explicitly disclose wherein in a case where a second user setting is set to the communication apparatus, the second information, to the main base station to which the communication apparatus has the connection, indicating a communication quality of a signal received from the base station of the 5G communication system conforming to the 3GPP standard is not transmitted even in a case where the communication apparatus is located in a location near the base station of the 5G communication system conforming to the 3GPP standard.
Nonetheless, in the same field of endeavor, Lee teaches wherein in a case where a second user setting (user setting) is set to the communication apparatus, the second information, to the main base station, indicating a communication quality of a signal received from the base station of the 5G communication system conforming to the 3GPP standard is not transmitted even in a case where the communication apparatus is located in a location near the base station of the 5G communication system conforming to the 3GPP standard ([0010]; [0090]; [0107]; [0109]-[0112]; [0306]; teaches user settings for the case when not performing dual connectivity, sending the measurement reports even in a case where the UE is located near the NR base station).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate user settings for the case when not performing dual connectivity, sending the measurement reports even in a case where the UE is located near the NR base station as taught by Lee with the apparatus for determining whether to perform dual connectivity with a LTE eNB associated with an LTE system and a gNB associated with a 5G system and transmitting measurement reports as disclosed by Zhu for the purpose of determining and notifying dual connectivity for a communication device, as suggested by Lee.
However, Zhu, as modified by Lee, does not explicitly disclose wherein the first user setting and the second user setting are set alternatively; setting the first user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on a user interface portion of the communication apparatus; and setting the second user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on the user interface portion.
Nonetheless, in the same field of endeavor, Rahat teaches and suggests wherein the first user setting and the second user setting are set alternatively; setting the first user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on a user interface portion of the communication apparatus; and setting the second user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on the user interface portion ([0019]; [0025]; [0044]; “…user interface 230 includes computer executable code that displays information on a user interface on a display screen of the user equipment. Information for display may include the identification of available licensed cellular networks, identification of available unlicensed wireless networks, current user preference for connection, the ability to override the connection preference, and the ability to change the connection preference…”; teaches the user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal as taught by Rahat with the apparatus for determining whether to perform dual connectivity with a LTE eNB associated with an LTE system and a gNB associated with a 5G system and transmitting measurement reports as disclosed by Zhu, as modified by Lee, for the purpose of allowing a user to set network connection preferences of the user equipment, as suggested by Rahat.
Regarding claim 16, Zhu discloses communicating measurement reports the base station, but does not explicitly disclose a user interface, and the operations comprising displaying a screen for receiving a first operation for setting the first user setting to the communication apparatus via the user interface.
Nonetheless, in the same field of endeavor, Rahat teaches and suggests a user interface (user interface), and the operations comprising displaying a screen for receiving a first operation for setting the first user setting to the communication apparatus via the user interface ([0019]; [0025]; [0044]; “…user interface 230 includes computer executable code that displays information on a user interface on a display screen of the user equipment. Information for display may include the identification of available licensed cellular networks, identification of available unlicensed wireless networks, current user preference for connection, the ability to override the connection preference, and the ability to change the connection preference…”; teaches the user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal as taught by Rahat with the apparatus for determining whether to perform dual connectivity with a LTE eNB associated with an LTE system and a gNB associated with a 5G system and transmitting measurement reports as disclosed by Zhu, as modified by Lee and Rahat, for the purpose of allowing a user to set network connection preferences of the user equipment, as suggested by Rahat.
Regarding claim 17, Zhu discloses communicating measurement reports the base station, but does not explicitly disclose wherein the displayed screen is a screen configured to receive a second operation for setting the second user setting to the communication apparatus.
Nonetheless, in the same field of endeavor, Rahat teaches and suggests wherein the displayed screen (user interface) is a screen configured to receive a second operation for setting the second user setting to the communication apparatus ([0019]; [0025]; [0044]; “…user interface 230 includes computer executable code that displays information on a user interface on a display screen of the user equipment. Information for display may include the identification of available licensed cellular networks, identification of available unlicensed wireless networks, current user preference for connection, the ability to override the connection preference, and the ability to change the connection preference…”; teaches the user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal as taught by Rahat with the apparatus for determining whether to perform dual connectivity with a LTE eNB associated with an LTE system and a gNB associated with a 5G system and transmitting measurement reports as disclosed by Zhu, as modified by Lee and Rahat, for the purpose of allowing a user to set network connection preferences of the user equipment, as suggested by Rahat.
Regarding claim 21, Zhu, as modified by Lee and Rahat, further teaches wherein the first information (measurement report) is transmitted to the main base station as a measurement report ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established).
Regarding claim 22, Zhu, as modified by Lee and Rahat, further teaches wherein the second information (measurement report) is transmitted to the main base station as a measurement report ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established).
Regarding claim 23, Zhu, as modified by Lee and Rahat, further teaches wherein a measurement report (measurement report) including the first information and the second information is transmitted to the main base station ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established).
Claims 18, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU et al. (hereinafter Zhu) (U.S. Patent Application Publication # 2022/0078687 A1) in view of LEE et al. (hereinafter Lee) (U.S. Patent Application Publication # 2020/0351976 A1) and Rahat et al. (hereinafter Rahat) (U.S. Patent Application Publication # 2019/0281507 A1), and further in view of TEYEB et al. (hereinafter Teyeb) (U.S. Patent Application Publication # 2023/0067324 A1).
Regarding claim 18, Zhu, as modified by Lee and Rahat, discloses communicating measurement reports the base station, but does not explicitly disclose wherein the first information includes one or more Reference Signal Received Power (RSRP) which corresponds to the one or more base stations.
Nonetheless, in the same field of endeavor, Teyeb teaches and suggests wherein the first information includes one or more Reference Signal Received Power (RSRP) which corresponds to the one or more base stations ([0045]; [0129]; teaches the UE performs measurements on the RAT, including RSRP, for reporting measurement reports).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the UE performs measurements on the RAT, including RSRP, for reporting measurement reports as taught by Teyeb with the method for dual connectivity with a master and second base station as disclosed by Zhu, as modified by Lee and Rahat, for the purpose of measuring specific measurement qualities signal in the RAT for reporting measurement reports, as suggested by Teyeb.
Regarding claim 19, Zhu, as modified by Lee and Rahat, discloses communicating measurement reports the base station, but does not explicitly disclose wherein the first information includes one or more reference signal received quality (RSRQ) which corresponds to the one or more base stations.
Nonetheless, in the same field of endeavor, Teyeb teaches and suggests wherein the first information includes one or more reference signal received quality (RSRQ) which corresponds to the one or more base stations ([0045]; [0129]; teaches the UE performs measurements on the RAT, including RSRQ, for reporting measurement reports).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the UE performs measurements on the RAT, including RSRQ, for reporting measurement reports as taught by Teyeb with the method for dual connectivity with a master and second base station as disclosed by Zhu, as modified by Lee, Rahat, and Teyeb, for the purpose of measuring specific measurement qualities signal in the RAT for reporting measurement reports, as suggested by Teyeb.
Regarding claim 20, Zhu, as modified by Lee and Rahat, discloses communicating measurement reports the base station, but does not explicitly disclose wherein in that the first information includes one or more Signal-to-Noise Ratio (SINR) which corresponds to the one or more base stations.
Nonetheless, in the same field of endeavor, Teyeb teaches and suggests wherein in that the first information includes one or more Signal-to-Noise Ratio (SINR) which corresponds to the one or more base stations ([0045]; [0129]; teaches the UE performs measurements on the RAT, including SINR, for reporting measurement reports).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the UE performs measurements on the RAT, including SINR, for reporting measurement reports as taught by Teyeb with the method for dual connectivity with a master and second base station as disclosed by Zhu, as modified by Lee, Rahat, and Teyeb, for the purpose of measuring specific measurement qualities signal in the RAT for reporting measurement reports, as suggested by Teyeb.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over ZHU et al. (hereinafter Zhu) (U.S. Patent Application Publication # 2022/0078687 A1) in view of LEE et al. (hereinafter Lee) (U.S. Patent Application Publication # 2020/0351976 A1) and Rahat et al. (hereinafter Rahat) (U.S. Patent Application Publication # 2019/0281507 A1), and further in view of WAKABAYASHI et al. (hereinafter Wakabayashi) (U.S. Patent Application Publication # 2023/0268991 A1).
Regarding claim 24, Zhu, as modified by Lee and Rahat, discloses communicating measurement reports the base station, but does not explicitly disclose wherein the communication apparatus further comprises an image capturing unit for performing image capturing processing to generate captured image data, and the communication apparatus has an application having a function of moving picture upload.
Nonetheless, in the same field of endeavor, Wakabayashi teaches and suggests wherein the communication apparatus further comprises an image capturing unit for performing image capturing processing to generate captured image data ([0034]; teaches the communication apparatus can be a digital camera); and the communication apparatus has an application having a function of moving picture upload ([0062]; [0073]; teaches uploading of video files using dual connection).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the communication apparatus can be a digital camera and uploading of video files using dual connection as taught by Wakabayashi with the method for dual connectivity with a master and second base station as disclosed by Zhu, as modified by Lee and Rahat, for the purpose of providing dual connectivity for a device, as suggested by Wakabayashi.
Claims 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU et al. (hereinafter Zhu) (U.S. Patent Application Publication # 2022/0078687 A1) in view of TANG et al. (hereinafter Tang) (U.S. Patent Application Publication # 2019/0239269 A1), and further in view of Rahat et al. (hereinafter Rahat) (U.S. Patent Application Publication # 2019/0281507 A1).
Regarding claim 25, Zhu teaches a communication apparatus (UE, figures 2 and 6) capable of performing communication with one or more base stations (base stations, eNB and gNB, figure 2), the communication apparatus comprising: at least one memory (memory, figure 6) that stores a set of instructions; and at least one processor (processor, figure 6) that executes the instructions, the instructions, when executed, causing the communication apparatus to perform operations comprising:
receiving information transmitted from a base station ([0056]; teaches the UE receives information from the base station, such as measurement configuration information), transmitting, based on the received information, upon condition that a first user setting (first UE capability) is set to the communication apparatus ([0031]; [0064]; [0077]; [0110]; teaches the UE has UE capability settings related to using both LTE and 5G base station (dual connectivity) and UE capability settings related to using only one network and not both base stations, such as 5G base station), first information (measurement report) indicating a quality of a signal received from a base station of an LTE communication system conforming to a 3GPP (Third Generation Partnership Project) standard ([0078]; [0110]; [0124]; [0125]; [0156]; teaches the UE measures signal quality and conditions of the LTE and 5G system) and second information (measurement report) indicating a quality of a signal received from a base station of a 5G communication system conforming to the 3GPP standard ([0078]; [0110]; [0124]; [0125]; [0156]; teaches the UE measures signal quality and conditions of the LTE and 5G system), to a main base station (master eNB, figure 6), to a main base station (master eNB, figure 6) to which the communication apparatus has a connection, a base station of the LTE communication system conforming to the 3GPP ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established) wherein the connection with the master base station is established in a setup sequence including transmitting capability information indicating that the communication apparatus has dual connectivity capability for connecting to both the base station for the LTE communication system and the base station for the 5G communication system ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established); and
establishing a connection for data communication with a secondary base station (secondary gNB, figure 6) of the 5G communication system conforming to the 3GPP standard in response to receiving a predetermined signal (establishment request) from the base station of the LTE communication system conforming to the 3GPP after transmitting the second information ([0064]; [0069]; [0074]; [0186]; [0225]; teaches the LTE eNB transmits an establishment signal to the 5G base station for establishing a connection for communication with the 5G base station).
However, Zhu may not explicitly disclose transmitting, based on the received information, upon condition that a second user setting is set to the communication apparatus, third information indicating a quality of a signal received from a base station of an LTE communication system conforming to a 3GPP (Third Generation Partnership Project) standard and fourth information indicating a dummy quality which indicates signal received from a base station of a 5G communication system conforming to the 3GPP standard are weak, to the main base station, even in a case where the communication apparatus is located in a location near the base station of the 5G communication system conforming to the 3GPP standard and received signal from the base station of the 5G communication system conforming to the 3GPP standard is not weak.
Nonetheless, in the same field of endeavor, Tang teaches and suggests transmitting, based on the received information, upon condition that a second user setting (user preference setting; [0050]) is set to the communication apparatus, third information indicating a quality of a signal received from a base station (base station) of an LTE communication system conforming to a 3GPP (Third Generation Partnership Project) standard (multi-RAT including LTE) and fourth information indicating a dummy quality which indicates signal received from a base station of a 5G communication system conforming to the 3GPP standard (multi-RAT including 5G) are weak, to the main base station, even in a case where the communication apparatus is located in a location near the base station of the 5G communication system conforming to the 3GPP standard and received signal from the base station of the 5G communication system conforming to the 3GPP standard is not weak ([0019]; [0061]; [0078]; [0080]; teaches determining network conditions, such as a weak signal quality, for the terminal based on the location of the terminal).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate determining network conditions, such as a weak signal quality, for the terminal based on the location of the terminal as taught by Tang with the method for dual connectivity with a master and second base station as disclosed by Zhu for the purpose of determining connectivity to multiple RAT including dual connectivity based on the location of the terminal and network conditions, as suggested by Tang.
However, Zhu, as modified by Tang, may not explicitly disclose wherein the first user setting and the second user setting are set alternatively; setting the first user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on a user interface portion of the communication apparatus; and setting the second user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on the user interface portion.
Nonetheless, in the same field of endeavor, Rahat teaches and suggests wherein the first user setting and the second user setting are set alternatively; setting the first user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on a user interface portion of the communication apparatus; and setting the second user setting as the setting of the communication apparatus is performed without receiving an external signal and based on user operation on the user interface portion ([0019]; [0025]; [0044]; “…user interface 230 includes computer executable code that displays information on a user interface on a display screen of the user equipment. Information for display may include the identification of available licensed cellular networks, identification of available unlicensed wireless networks, current user preference for connection, the ability to override the connection preference, and the ability to change the connection preference…”; teaches the user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a user setting preference can be set alternatively by a user using the user interface/display of the UE without receiving an external signal as taught by Rahat with the apparatus for determining whether to perform dual connectivity with a LTE eNB associated with an LTE system and a gNB associated with a 5G system and transmitting measurement reports as disclosed by Zhu, as modified by Tang, for the purpose of allowing a user to set network connection preferences of the user equipment, as suggested by Rahat.
Regarding claim 26, Zhu, as modified by Tang and Rahat, further teaches and suggests wherein the third quality information and fourth quality information (measurement report) are transmitted to the main base station as a measurement report ([0064]; [0110]; [0156]; [0186]; [0225]; teaches in the case of dual connectivity using both the LTE eNB and gNB, the UE transmits the measurement report to the LTE eNB and the dual connectivity capabilities are indicated and established).
Response to Arguments
Applicant's arguments with respect to claims 1-4 and 12-26 have been considered but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUK JIN KANG whose telephone number is (571) 270-1771. The examiner can normally be reached on Monday-Friday 8am-5pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached on (571) 272-3144. 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.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is (571) 272-2600.
/Suk Jin Kang/
Examiner, Art Unit 2477
September 20, 2025