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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/03/2026 has been entered.
Response to Remarks
This Office Action is considered to be fully responsive to the communications filed on 03/03/2026. Claims 1-8 are currently pending in this application.
Response to Arguments
Applicant’s arguments, see Remarks pages 9-10, filed 03/03/2026, with respect to the rejections of claims 1-8 under 35 U.S.C. 103 have been fully considered but are not persuasive. Applicant has amended independent claim 1 to include the step of “establishing a radio link between the user equipment and a first base station” and the step of “transmitting, by the user equipment, capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message to be forwarded by a second base station to the first base station, where the first message facilitates a recovery of the radio link”. Applicant argues on pages 9-10 of Remarks that Chen and Khoshnevisan do not teach the newly amended features. These arguments are however moot, as Applicant does not have sufficient support for these amendments. For more details about this, please see the Claim Rejections - 35 USC § 112 section below. Despite this, for the sake of compact prosecution, a claim mapping has been provided below interpreted in light of the Specification. For more details, please see the Claim Rejections section below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, and 5-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, and 5-8 have been amended to recite “transmitting, by the user equipment, capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message to be forwarded by a second base station to the first base station, where the first message facilitates a recovery of the radio link”. There is only one mention of the word ‘capability’ in the instant Specification, and there is no mention of the term ‘capability information’. Paragraph [0062] of the instant Specification says that the base station may determine that the UE has the capability of an MCG link maintaining function, but it does not have any mention of the UE transmitting any type of indication of any other capabilities. It especially does not have any mention of the UE transmitting a capability information to inform the base station of the capability to perform transmission of a first message. Additionally, on this first message, the instant Specification has no mention of the word ‘forward’, nor does it have any mention of the first message from Fig. 7 being forwarded. Fig. 7 appears to show this first message being sent to base station 200B, and then a second message is sent from base station 200B to base station 200A, but these appear to be two different messages and Examiner could not find any passage in the instant Specification to show that these messages can be the same. For the sake of compact prosecution, a claim mapping has been provided below interpreted in light of the Specification.
Claim Rejections - 35 USC § 103
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20150133122 A1) and further in view of Khoshnevisan et al (US 20210226688 A1).
Regarding claim 1, Chen teaches
A communication control method for controlling dual connectivity communication in which a user equipment simultaneously communicates with a master node and a secondary node, the communication control method comprising ([Abstract] method for controlling wireless communications; [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB):
establishing a radio link between the user equipment and a first base station ([Fig. 5] UE connects to a first eNB (establish radio link between UE and first base station) and a second eNB);
detecting, by the user equipment, a failure of a radio link between the first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmitting, by the user equipment in response to the failure being detected, the first message to notify the first base station of the failure of the radio link to the second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF, and in response to failure being detected) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
after transmitting the first message, receiving, by the user equipment, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE).
Chen does not explicitly teach transmitting, by the user equipment, capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link;
However, Khoshnevisan does teach transmitting, by the user equipment, capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link ([0090] and [Fig. 8] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission of a first message), where those TCI states will later be used to recover the beam failure (facilitates a recovery of the radio link));
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 2, Chen modified by Khoshnevisan teaches The communication control method according to claim 1, as is described above.
Chen further teaches further comprising:
continuing, by the user equipment, to measure a radio environment for the first base station after the detection of the failure of the radio link ([0035] UE continues to perform measurement for the base station that has been determined to have radio link failure).
Regarding claim 3, Chen modified by Khoshnevisan teaches The communication control method according to claim 1, as is described above.
Chen further teaches further comprising:
starting, by the user equipment, a timer in response to the user equipment transmitting the first message ([0054] the UE starts a timer after sending the RLF cause report (first message)); and
performing, by the user equipment, a procedure for establishing an RRC connection in a case where the timer expires without recovery of communication with the first base station ([0054] when the timer expires, the UE performs RRC a procedure for re-establishing connection).
Regarding claim 4, Chen modified by Khoshnevisan teaches The communication control method according to claim 1, as is described above.
Chen further teaches further comprising:
transmitting, by the first base station, a message for performing a handover in response to the first message ([0059] the first base station MeNB sends a handover request (message for performing a handover) after the cause report is sent and RLF is detected (in response to the first message)).
Regarding claim 5, Chen teaches
A user equipment comprising a controller configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node, ([0022] UE contains a processor (controller); [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB) wherein
the controller is configured to ([0022] UE contains a processor (controller)):
establish a radio link between the user equipment and a first base station ([Fig. 5] UE connects to a first eNB (establish radio link between UE and first base station) and a second eNB);
detect, a failure of a radio link between the first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmit, in response to the failure being detected, the first message to notify the first base station of the failure of the radio link to the second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF, and in response to failure being detected) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receive, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE).
Chen does not explicitly teach transmit capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link;
However, Khoshnevisan does teach transmit capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link ([0090] and [Fig. 8] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission of a first message), where those TCI states will later be used to recover the beam failure (facilitates a recovery of the radio link));
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 6, Chen teaches
A chipset for controlling a user equipment configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node, the chipset comprising: a processor and a memory coupled to the processor, the processor configured to execute processes of ([0022] UE contains processing means that can include microprocessor, ASIC, storage, and communication interfacing unit (chipset); [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB):
establishing a radio link between the user equipment and a first base station ([Fig. 5] UE connects to a first eNB (establish radio link between UE and first base station) and a second eNB);
detecting, a failure of a radio link between the first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmitting, in response to the failure being detected, the first message to notify the first base station of the failure of the radio link to the second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF, and in response to failure being detected) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receiving, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE).
Chen does not explicitly teach transmitting capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link;
However, Khoshnevisan does teach transmitting capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link ([0090] and [Fig. 8] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission of a first message), where those TCI states will later be used to recover the beam failure (facilitates a recovery of the radio link));
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 7, Chen teaches
A non-transitory computer-readable medium comprising, stored thereupon, computer program instructions for execution by a user equipment configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node, the program instructions being configured to cause the user equipment to execute processing of ([0022] UE comprising processor and storage unit that stores program code to be executed by the processor; [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB):
establishing a radio link between the user equipment and a first base station ([Fig. 5] UE connects to a first eNB (establish radio link between UE and first base station) and a second eNB);
detecting, a failure of a radio link between the first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmitting, in response to the failure being detected, the first message to notify the first base station of the failure of the radio link to the second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF, and in response to failure being detected) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receiving, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE).
Chen does not explicitly teach transmitting capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link;
However, Khoshnevisan does teach transmitting capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link ([0090] and [Fig. 8] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission of a first message), where those TCI states will later be used to recover the beam failure (facilitates a recovery of the radio link));
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 8, Chen teaches
A system comprising ([0021] wireless communication system):
a user equipment configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node ([Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB), wherein
the user equipment is configured to ([Fig. 4] and [0022] UE configured to execute program code):
establish a radio link between the user equipment and a first base station ([Fig. 5] UE connects to a first eNB (establish radio link between UE and first base station) and a second eNB);
detect a failure of a radio link between the first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmit, in response to the failure being detected, the first message to notify the first base station of the failure of the radio link to the second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF, and in response to failure being detected) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receive, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE).
Chen does not explicitly teach transmit capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link;
However, Khoshnevisan does teach transmit capability information to the first base station, the capability information indicating that the user equipment is capable of performing a transmission of a first message, where the first message facilitates a recovery of the radio link ([0090] and [Fig. 8] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission of a first message), where those TCI states will later be used to recover the beam failure (facilitates a recovery of the radio link));
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM JOEL CERLANEK whose telephone number is (703)756-1272. The examiner can normally be reached 8:30-5:00.
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/A.J.C./Examiner, Art Unit 2478 /JAY L VOGEL/Primary Examiner, Art Unit 2478
Prosecution Insights