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 .
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.
Claim(s) 1, 4-6, 9-12, 14-17, 19,21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20160374139) in view of Jang (US 20140071950)
Regarding claim 1, 17 and 19, Chen teaches a network switching method, applied to a first terminal and comprising:
in a case that the first terminal is in a state of a first network connection mode and a first preset triggering condition is detected (Fig.19; S1908 Judging whether a condition of mode switching is met or not),
switching from the first network connection mode to a second network connection mode (Fig. 19 S1916 Mode switching;).
wherein one of the first network connection mode and the second network connection mode is that the first terminal is connected to a cellular network, and
another of the first network connection mode and the second network connection mode is that the first terminal is connected to a second terminal through a non-cellular network and the second terminal is connected to the cellular network (Fig. 17 S1712; [0373] The eNB1 judges whether the UE1 meets the condition of switching from the cellular communication mode to the D2D communication mode”. [0379] Step 1712: the UE1 and the UE2 complete the mode switching”);
in a case that the first network connection mode is that the first terminal is connected to the cellular network, the first preset triggering condition comprises:
a non-cellular network connection being established between the first terminal and the second terminal (The examiner notes that this is a contingent limitation and thus is optional when this condition is not true or not applicable.);
in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network comprises: ([0408] The mode switching request message includes at least one of the followings: an identifier of UE2, a signal measurement result, obtained by the UE1, of the UE2, a measurement result, obtained by UE1, of a serving eNB, an indication about the D2D communication between the UE1 and the UE2, bearer information corresponding to a D2D communication data stream between the UE1 and the UE2, quality of service information corresponding to data stream and/or bearer of the D2D communication between the UE1 and the UE2 and an indication about whether a corresponding cellular communication data bearer is established between the UE1 and the UE2 or not and/or the cellular communication data bearer is required to be established between the UE1 and the UE2. In addition, the mode switching request message may further include a mode switching type and information of a serving eNB of the UE2, wherein the mode switching type indicates switching from a D2D communication mode to a cellular communication mode.)
wherein before the switching from the first network connection mode to a second network connection mode, the method further comprises:
transmitting first auxiliary information for switching from the first network connection mode to the second network connection mode to the second terminal (Fig. 19 Step S1906 occurs before the mode switching at step S1916; [0407] “Step 1906: a mode switching request message is sent.”);
wherein the transmitting first auxiliary information for switching from the first network connection mode to the second network connection mode to the second terminal comprises:
in a case that the first network connection mode is that the first terminal is connected to the cellular network, establishing a non-cellular network connection between the first terminal and the second terminal, and transmitting the first auxiliary information to the second terminal through the non-cellular network connection between the first terminal and the second terminal (The examiner notes that this is a contingent limitation and thus is optional when this condition is not true or not applicable.);
in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network, transmitting the first auxiliary information (mode switching request) to the second terminal through the non-cellular network between the first terminal and the second terminal (“[0408] The mode switching request message includes at least one of the followings ..quality of service information corresponding to data stream and/or bearer of the D2D communication between the UE1 and the UE2 and an indication about whether a corresponding cellular communication data bearer is established between the UE1 and the UE2 or not and/or the cellular communication data bearer is required to be established between the UE1 and the UE2. In addition, the mode switching request message may further include a mode switching type and information of a serving eNB of the UE2, wherein the mode switching type indicates switching from a D2D communication mode to a cellular communication mode.”);
wherein in a case that the first network connection mode is that the first terminal is connected to the cellular network, the first auxiliary information comprises hybrid automatic retransmission request (HARQ) process related information of the first terminal in a connection state, wherein the HARQ process related information comprises an HARQ process number (The examiner notes that this is a contingent limitation and thus is optional when this condition is not true or not applicable.);
wherein in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network, the first auxiliary information comprises at least part of system messages of a network side (“[0408] The mode switching request message includes at least one of the followings ..quality of service information corresponding to data stream and/or bearer of the D2D communication between the UE1 and the UE2 and an indication about whether a corresponding cellular communication data bearer is established between the UE1 and the UE2 or not and/or the cellular communication data bearer is required to be established between the UE1 and the UE2. In addition, the mode switching request message may further include a mode switching type and information of a serving eNB of the UE2, wherein the mode switching type indicates switching from a D2D communication mode to a cellular communication mode.”)
However, Chen does not explicitly teach that the trigger condition is a non-cellular (D2D) network connection between the first terminal and the second terminal being disconnected. In an analogous art, Jang teach that the trigger condition is a non-cellular network connection between the first terminal and the second terminal being disconnected ([0078] “Also, even though a link of D2D direct communication is disconnected due to deterioration of the link, seamless data transmission between D2D devices should be maintained. Accordingly, a method for switching data transmission to a cellular network will be required in a state that gain of D2D direct communication disappears or a link of D2D direct communication is disconnected.”)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to substitute Chen’s teaching of trigger condition to be Jang’s teaching of the trigger condition being a disconnection of a non-cellular network connection between the first terminal and the second terminal because disconnection of an existing connection is one obvious reason prompting a handover.
Regarding claim 5, Chen and Jang teach the network switching method according to claim 4, wherein in a case that the first network connection mode is that the first terminal is connected to the cellular network, the first auxiliary information further comprises at least one of:
identification information of the first terminal
identification information of a subscriber identity module corresponding to the first terminal, identification information of an embedded subscriber identity module corresponding to the first terminal, or identification information of a universal subscriber identity module corresponding to the first terminal;
a frequency point at which the first terminal accesses the cellular network;
a radio access technology for the first terminal to access the cellular network;
a cell identifier for the first terminal to access the cellular network;
a public land mobile network identifier for the first terminal to access the cellular network;
a reference signal measurement value corresponding to the cellular network measured by the first terminal or measurement related configuration;
at least part of capability information of the first terminal;
related configuration information configured by a network side for the first terminal to monitor a physical downlink control channel;
at least part of random access channel configuration for the first terminal to access the cellular network;
at least part of system messages of a cell which the first terminal is currently connected to;
at least part of radio resource control configuration information corresponding to the first terminal in the cellular network ([0380] “the mode switching message may contain updated TFT information, which is used for updating and mapping original cellular communication data stream between the UE1 and the UE2 from cellular data bearer to D2D data bearer”);
a counter or timer related to a radio resource control layer of the first terminal;
a counter or timer related to a radio link control layer of the first terminal;
a counter or timer related to a packet data convergence protocol layer of the first terminal;
a counter or timer related to a service data adaption protocol layer of the first terminal;
a counter or timer related to a media access control layer of the first terminal;
discontinuous reception configuration information of the first terminal;
packet data convergence protocol configuration information of the first terminal;
Internet protocol layer configuration information of the first terminal; or
geographic location information of the first terminal.
Regarding claim 6, Chen and Jang teach the network switching method according to claim 4, wherein in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network ([0408] “the mode switching request message may further include a mode switching type and information of a serving eNB of the UE2, wherein the mode switching type indicates switching from a D2D communication mode to a cellular communication mode”), the first auxiliary information comprises at least one of:
identification information of the first terminal;
identification information of a subscriber identity module corresponding to the first terminal, identification information of an embedded subscriber identity module corresponding to the first terminal, or identification information of a universal subscriber identity module corresponding to the first terminal;
a reference signal measurement value corresponding to the cellular network measured by the first terminal or measurement related configuration ([0426] The mode switching request message may include an identifier of the UE2, a signal measurement result, obtained by the UE1, of the UE2, quality of service information corresponding to data stream and/or bearer of the cellular communication between the UE1 and the UE);
at least part of capability information of the first terminal;
at least part of system messages of a network side;
Internet protocol layer configuration information of the first terminal;
configuration information which the first terminal needs to request from the network side;
or geographic location information of the first terminal.
Regarding claim 9, Chen and Jang teach the network switching method according to claim 4, wherein the transmitting first auxiliary information for switching from the first network connection mode to the second network connection mode to the second terminal comprises:
transmitting the first auxiliary information to the second terminal in a case that a second preset triggering condition is detected (Chen [0380] “In the case that both the UE1 and the UE2 meet the condition of the mode switching, the eNB1 sends a mode switching message to the UE1 and the UE2. The mode switching message includes the identifiers of a UE required to perform mode switching communication of the eNB1 and switched cellular communication data stream and/or bearer information”).
Regarding claim 10, 22 and 24, Chen and Jang teach the network switching method according to claim 1, wherein before the switching from the first network connection mode to a second network connection mode, the method further comprises:
receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode (Chen [0405] “Step 1902: the UE2 sends a D2D discovery signal to the UE1”. Fig. 19 Step 1902; this step occurs before the actual switching which occurs at S1918. The examiner notes that the claim does not define what constitute “auxiliary information” and how the information is functionally/actively and positively used in other subsequent step. Thus, Chen ‘s teaching of “discovery signal” meets “auxiliary information”).
in a case that the first network connection mode is that the first terminal is connected to the cellular network, establishing a non-cellular network connection between the first terminal and the second terminal, and receiving the second auxiliary information transmitted by the second terminal through the non-cellular network connection between the first terminal and the second terminal (The examiner notes that this is a contingent limitation and thus is optional when this condition is not true or not applicable.);
in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network, receiving the second auxiliary information transmitted by the second terminal through the non-cellular network between the first terminal and the second terminal (Chen [0405] “Step 1902: the UE2 sends a D2D discovery signal to the UE1”. Fig. 19 Step 1902; this step occurs before the actual switching which occurs at S1918. The examiner notes that the claim does not define what constitute “auxiliary information” and how the information is functionally/actively and positively used in other subsequent step. Thus, Chen ‘s teaching of “discovery signal” meets “auxiliary information”);
Regarding claim 11, Chen and Jang teach the network switching method according to claim 10, wherein in a case that the first network connection mode is that the first terminal is connected to the cellular network (Chen [0455] “Step 2202: the eNB1/SGW/PGW triggers network burden reduction. [0456] Step 2204: a potential D2D communication node pair is detected” [0464] Step 2212 “the UE1 and the UE2 send mode switching negotiation confirmation messages to the eNB1”), the second auxiliary information comprises at least one of:
identification information of the second terminal (Chen [0507] “The mode switching negotiation request message may contain one of the followings: an identifier of the UE1, the identifier of the UE2”);
identification information of a subscriber identity module corresponding to the second terminal, identification information of an embedded subscriber identity module corresponding to the first terminal, or identification information of a universal subscriber identity module corresponding to the first terminal;
at least part of capability information of the second terminal
Internet protocol layer configuration information of the second terminal; or
geographic location information of the second terminal.
Regarding claim 12, Chen and Jang teach the network switching method according to claim 10, wherein in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network (Chen Fig. 19; Step S1914 “Mode switching negotiation request” is sent from UE2 to eNB1), the second auxiliary information comprises at least one of:
identification information of the second terminal;
identification information of a subscriber identity module corresponding to the second terminal, identification information of an embedded subscriber identity module corresponding to the first terminal, or identification information of a universal subscriber identity module corresponding to the first terminal;
a frequency point at which the second terminal accesses the cellular network;
a radio access technology for the second terminal to access the cellular network;
a cell identifier for the second terminal to access the cellular network;
a public land mobile network identifier for the second terminal to access the cellular network;
a reference signal measurement value corresponding to the cellular network measured by the second terminal or measurement related configuration (Chen [0418] “quality of service information corresponding to the cellular communication data stream and/or bearer supported by the UE2 between the UE1 and the UE2.”);
at least part of capability information of the second terminal (Chen [0418] “Step 1914: when the condition of the mode switching is met, a mode switching negotiation request confirmation message is sent.. The mode switching negotiation request confirmation message may include at least one of the followings: bearer information corresponding to a cellular communication data stream supported by UE2 between UE1 and UE2”);;
related configuration information configured by a network side for the second terminal to monitor a physical downlink control channel;
at least part of random-access channel configuration for the second terminal to access the cellular network;
at least part of system messages of a cell which the second terminal is currently connected to;
at least part of radio resource control configuration information corresponding to the second terminal in the cellular network;
hybrid automatic retransmission request process related information of the second
terminal in a connection state;
a counter or timer related to a radio resource control layer of the second terminal;
a counter or timer related to a radio link control layer of the second terminal;
a counter or timer related to a packet data convergence protocol layer of the second terminal;
a counter or timer related to a service data adaption protocol layer of the second terminal;
a counter or timer related to a media access control layer of the second terminal;
discontinuous reception configuration information of the second terminal;
packet data convergence protocol configuration information of the second terminal;
Internet protocol layer configuration information of the second terminal; or
geographic location information of the second terminal.
Regarding claim 14, Chen and Jang teach the network switching method according to claim 1, wherein before the switching from the first network connection mode to a second network connection mode, the method further comprises:
receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode (Chen; At Fig. 19 Step S1914, eNB1 receives mode switching request from UE2; eNB1 which in turn sends the mode switching request to UE1; [0418] “When the eNB1 receives the mode switching negotiation request confirmation message, it is determined that the UE2 meets the condition of the mode switching.” [0419] “Then the eNB1 sends a mode switching message to the UE1 and the UE2.”);
in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network, the receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode comprises one of:
receiving the second auxiliary information configured by a network side for the first terminal (Chen; At Fig. 19 Step S1916, eNB1 sends the mode switching request to UE1; [0419] “Then the eNB1 sends a mode switching message to the UE1 and the UE2.”); or
receiving the second auxiliary information forwarded by a network side for the second terminal.
Regarding claim 15, Chen and Jang teach the network switching method according to claim 10, wherein the receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode comprises:
receiving the second auxiliary information transmitted by the second terminal in a case that a second preset triggering condition is detected (Chen [0418] Step 1914: when the condition of the mode switching is met, a mode switching negotiation request confirmation message is sent).
Regarding claim 16, Chen and Jang teach the network switching method according to claim 9, wherein in a case that the first network connection mode is that the first terminal is connected to the cellular network, the second preset triggering condition comprises at least one of:
initiating a switching of a network connection by the first terminal or the second terminal;
a non-cellular network connection being established between the first terminal and the second terminal (Chen [0014] when the following conditions are met, the first UE is determined to meet a condition of switching from a cellular communication mode to a D2D communication mode: [0015] the first UE supports a D2D communication function or passes D2D communication authorization and authentication, cellular communication is performed between the first UE and the second UE, the first UE is in a proximity with the second UE, and there are enough D2D communication air interface resources for D2D communication between the first UE and the second UE”);
instructing to establish a non-cellular connection between the first terminal and the second terminal or to switch from the first network connection mode to the second network connection
mode by an application layer of the first terminal or the second terminal;
receiving a third preset operation performed by a user by the first terminal or the second terminal;
signal quality of the non-cellular network being higher than or equal to a first preset threshold;
sending a first request message for switching from the first network connection mode to the second network connection mode to the second terminal by the first terminal;
responding to the first request message by the second terminal;
receiving a second request message sent by the second terminal for switching from the first network connection mode to the second network connection mode by the first terminal; or
responding to the second request message by the first terminal; and/or
in a case that the first network connection mode is that the first terminal is connected to the second terminal through the non-cellular network and the second terminal is connected to the cellular network, the second preset triggering condition comprises at least one of following:
initiating a switching of a network connection by the first terminal or the second terminal;
the first terminal being connected to the cellular network;
instructing to establish a connection between the first terminal and the cellular network or to switch from the first network connection mode to the second network connection mode by an application layer of the first terminal or the second terminal;
receiving a fourth preset operation performed by a user by the first terminal or the second terminal;
signal quality of the non-cellular network being lower than or equal to a first preset threshold;
sending a second request message for switching from the first network connection mode to the second network connection mode to the second terminal by the first terminal;
responding to the second request message by the second terminal;
receiving the second request message sent by the second terminal for switching from the first network connection mode to the second network connection mode by the first terminal; or
responding to the second request message by the first terminal.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20160374139) in view of Jang (US 20140071950) further in view of Koskela (US 8213360)
Regarding claim 13, Chen and Jang teach the network switching method according to claim 1, except wherein before the switching from the first network connection mode to a second network connection mode, the method further comprises:
receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode; in a case that the first network connection mode is that the first terminal is connected to the cellular network, the receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode comprises one of:
receiving the second auxiliary information configured by a network side for the first terminal; or receiving the second auxiliary information forwarded by a network side for the second terminal.
In analogous art, Koskela teaches before the switching from the first network connection mode to a second network connection mode, the method further comprises:
receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode (C9 L29-37 “The UEs in response may collect the measurement data at the respective UE and send the measurement data to the eNB 705 at the step 712. Based on the collected UE measurement data, the eNB 705 may make a decision to switch from the current cellular communication mode to the D2D communication mode and set up the corresponding protocol entities include protocol buffers a the step 714. The eNB 705 may send the switching command to the UEs at the step 716 and assist the setup and preparation at the UEs at the step 718.”);
in a case that the first network connection mode is that the first terminal is connected to the cellular network C9 L20-23; “FIG. 7 illustrates an example flowchart diagram for switching from the cellular mode to the D2D mode.”),
the receiving second auxiliary information transmitted by the second terminal for switching from the first network connection mode to the second network connection mode comprises one of:
receiving the second auxiliary information configured by a network side for the first terminal (C9 L20-28; FIG. 7 illustrates an example flowchart diagram for switching from the cellular mode to the D2D mode. The two UEs 703 and 705 are communicating in the cellular mode by sending data to each other via the eNB 707 at the step 704 and the step 706. Once a triggering event takes place, the eNB 707 may send measurement control command to the UEs 703 and 705 to collect the measurement data from the UEs at the step 708 and allocate the uplink resources to the UEs at the step 710 to send the collected measurement data.);
or receiving the second auxiliary information forwarded by a network side for the second terminal.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Chen's teaching of handover of cellular to D-2-D to include Koskela's teaching of exchanging of auxiliary information in order to provide the additional information to facilitate the handover decision process.
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
On page 18-19 of remarks, applicant argued that examiner has not provided any evidence for the individual alternative limitations a through d.
The examiner respectfully disagrees and submits that these limitations are contingent limitations and thus are optionally addressed.
MPEP 2111.04 states that contingent limitations—steps or structures required only upon a certain condition (e.g., "if," "when," "wherein")—do not limit a claim if the condition is not met. Under the broadest reasonable interpretation, such limitations are not required to be performed, rendering them optional unless the specific condition precedent occurs.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG L LAM whose telephone number is (571)272-6497. The examiner can normally be reached Monday -Thursday 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Anderson can be reached at 571-272-4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUNG L LAM/Examiner, Art Unit 2646
/MATTHEW D. ANDERSON/Supervisory Patent Examiner, Art Unit 2646