DETAILED ACTION
This office action is a response to an amendment filed on 05/18/2026.
Response to Amendment
The Amendment filed on 05/18/2026 has been entered.
Claims 31-52 are pending
Claims 1-30 are canceled
Claims 31-52 remain rejected.
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.
Claims 31-52 are rejected under 35 U.S.C. 103 as being unpatentable over ETSI (3GPP TS 36.423 version 15.5.0 Release 15), hereinafter referenced as ETSI, in view of Peisa et al. (US 20200245293 A1), hereinafter referenced as Peisa.
Regarding claims 31 and 44 ETSI teaches a method, performed by a first network node, for handling communication in a wireless communication network (Page 13, Section [1]-ETSI discloses radio network layer signalling procedures of the control plane between eNBs in EUTRAN. X2AP supports the functions of X2 interface by signalling procedures. Page 15, Section [3.1]-ETSI discloses X2AP protocol consists of Elementary Procedures (EPs). An X2AP Elementary Procedure is a unit of interaction between two eNBs. An EP consists of an initiating message and possibly a response message), the method comprising the first network node:
transmitting, to a second network node, a first connection establishment message related to a connection establishment between the first network node and the second network node (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... This message is sent by an initiating node to a neighbouring node, both nodes able to interact for EN-DC, to transfer the initialization information for a TNL association. Figs. 8.7.1.2-1 and 8.2.3.2-1, Page 30, Section [9.1.2.31]-ETSI discloses EN-DC ... UE-associated signalling connection between the MeNB and the SeNB); wherein
a maximum size of a list of served cells of the second network node that the first network node is capable of receiving in a second connection establishment message (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... eNB → en-gNB, en-gNB → eNB ... List of Served EUTRA Cells {Information Element} ... <maxCellineNB> {Range; Maximum no. cells that can be served by an eNB} ... Complete list of cells served by the eNB ... List of Served NR Cells ... <maxCellinengNB> {Range; Maximum no. cells that can be served by an en-gNB} ... Complete list of cells served by the engNB. Page 35, Section [8.3.3.2]-ETSI discloses for each CSG cell or hybrid cell served by the candidate eNB2 the X2 SETUP RESPONSE message shall contain the CSG ID IE. The eNB receiving the IE shall take this information into account when further deciding whether X2 handover between the source cell and the target cell may be performed. Figure 8.3.8.3-1, Page 44, Section [8.3.9.1]-ETSI discloses to transfer information regarding RRC re-establishment attempts, or received RLF Reports, between eNBs).
ETSI fails to teach the first connection establishment message indicates: that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells.
However, Peisa teaches the first connection establishment message indicates: that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells (Para. [0032]-Peisa discloses method in a network node for establishing connectivity and receiving data to and from a wireless device. Fig. 2, Para. [0062]-Peisa discloses a network node, such as a gNB, broadcasts, in the minimum system information associated with a cell, a partial list of PLMN IDs and an indication that there are additional PLMN IDs supported by the communication network available using on-demand system information. The partial list may comprise (e.g. contain) the most common PLMN IDs used in the network, so that most of the UEs can access the system only by receiving the minimum system information).
ETSI and Peisa are both considered to be analogous to the claimed invention because they are in the same field of wireless communication, dealing with RRC connection method, device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ETSI to incorporate the teachings of Peisa on connection establishment, with a motivation to transmit a partial list of served cells, and support the functions of X2 interface by signalling procedures, (ETSI, Page 13, Section [1]).
Regarding claims 37 and 51 ETSI teaches a method, performed by a second network node, for handling communication in a wireless communication network (Page 13, Section [1]-ETSI discloses radio network layer signalling procedures of the control plane between eNBs in EUTRAN. X2AP supports the functions of X2 interface by signalling procedures. Page 15, Section [3.1]-ETSI discloses X2AP protocol consists of Elementary Procedures (EPs). An X2AP Elementary Procedure is a unit of interaction between two eNBs. An EP consists of an initiating message and possibly a response message), the method comprises the second network node:
receiving, from a first network node, a first connection establishment message related to a connection establishment between the first network node and the second network node (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... This message is sent by an initiating node to a neighbouring node, both nodes able to interact for EN-DC, to transfer the initialization information for a TNL association. Figs. 8.7.1.2-1 and 8.2.3.2-1, Page 30, Section [9.1.2.31]-ETSI discloses EN-DC ... UE-associated signalling connection between the MeNB and the SeNB); wherein
a maximum size of a list of served cells of the second network node that the first network node is capable of receiving in a second connection establishment message (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... eNB → en-gNB, en-gNB → eNB ... List of Served EUTRA Cells {Information Element} ... <maxCellineNB> {Range; Maximum no. cells that can be served by an eNB} ... Complete list of cells served by the eNB ... List of Served NR Cells ... <maxCellinengNB> {Range; Maximum no. cells that can be served by an en-gNB} ... Complete list of cells served by the engNB. Page 35, Section [8.3.3.2]-ETSI discloses for each CSG cell or hybrid cell served by the candidate eNB2 the X2 SETUP RESPONSE message shall contain the CSG ID IE. The eNB receiving the IE shall take this information into account when further deciding whether X2 handover between the source cell and the target cell may be performed. Figure 8.3.8.3-1, Page 44, Section [8.3.9.1]-ETSI discloses to transfer information regarding RRC re-establishment attempts, or received RLF Reports, between eNBs).
ETSI fails to teach the first connection establishment message indicates: that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells.
However, Peisa teaches the first connection establishment message indicates: that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells (Para. [0032]-Peisa discloses method in a network node for establishing connectivity and receiving data to and from a wireless device. Fig. 2, Para. [0062]-Peisa discloses a network node, such as a gNB, broadcasts, in the minimum system information associated with a cell, a partial list of PLMN IDs and an indication that there are additional PLMN IDs supported by the communication network available using on-demand system information. The partial list may comprise (e.g. contain) the most common PLMN IDs used in the network, so that most of the UEs can access the system only by receiving the minimum system information).
ETSI and Peisa are both considered to be analogous to the claimed invention because they are in the same field of wireless communication, dealing with RRC connection method, device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ETSI to incorporate the teachings of Peisa on connection establishment, with a motivation to transmit a partial list of served cells, and support the functions of X2 interface by signalling procedures, (ETSI, Page 13, Section [1]).
Regarding claims 32, 39 and 45, ETSI in view of Peisa teaches the method of claim 31, the method of claim 37, and the first network node of claim 44 respectively.
ETSI further teaches the transmitted first connection establishment message is an Evolved-Universal Terrestrial Radio Access New Radio Dual Connectivity (EN-DC) X2 Setup Request message, an EN-DC X2 Setup Response message, an Xn Setup Request message, and/or an Xn Setup Response message (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... This message is sent by an initiating node to a neighbouring node, both nodes able to interact for EN-DC, to transfer the initialization information for a TNL association. Figs. 8.7.1.2-1 and 8.2.3.2-1, Page 30, Section [9.1.2.31]-ETSI discloses EN-DC ... UE-associated signalling connection between the MeNB and the SeNB. Page 127, Section [9.1.2.35]-ETSI discloses EN-DC CONFIGURATION UPDATE ACKNOWLEDGE ... This message is sent by a neighbouring node to a peer node, both nodes able to interact for EN-DC, to acknowledge update of information for a TNL association ... en-gNB → eNB, eNB → en-gNB ... List of Served NR Cells {Information Element - Message Type} ... limited {partial} list of cells served by the engNB, if requested by the eNB. Page 233, Section [9.2.115]-ETSI discloses Cell Assistance Information IE is used by the eNB to request information about NR cells ... List of Requested NR Cells {Information Element - IE} ... Included when the eNB requests a limited {partial} list of served NR cells).
Regarding claims 33, 40 and 46, ETSI in view of Peisa teaches the method of claim 32, the method of claim 39, the first network node of claim 45 respectively.
ETSI fails to teach the transmitted first connection establishment message comprises a Partial List Indicator Information Element (IE) that indicates that the list of served cells of the first network node is the partial list of served cells.
However, Peisa teaches the transmitted first connection establishment message comprises a Partial List Indicator Information Element (IE) that indicates that the list of served cells of the first network node is the partial list of served cells (Para. [0032]-Peisa discloses method in a network node for establishing connectivity and receiving data to and from a wireless device. Fig. 2, Para. [0062]-Peisa discloses a network node, such as a gNB, broadcasts, in the minimum system information associated with a cell, a partial list of PLMN IDs and an indication that there are additional PLMN IDs supported by the communication network available using on-demand system information. The partial list may comprise (e.g. contain) the most common PLMN IDs used in the network, so that most of the UEs can access the system only by receiving the minimum system information).
ETSI and Peisa are both considered to be analogous to the claimed invention because they are in the same field of wireless communication, dealing with RRC connection method, device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ETSI to incorporate the teachings of Peisa on connection establishment, with a motivation to transmit a partial list of served cells, and support the functions of X2 interface by signalling procedures, (ETSI, Page 13, Section [1]).
Regarding claims 34, 41 and 47, ETSI in view of Peisa teaches the method of claim 31, the method of claim 37, the first network node of claim 44 respectively.
ETSI further teaches the transmitted first connection establishment message is an EN-DC X2 Setup Failure message and/or an Xn Setup Failure message (Fig. 8.7.1.3-2, Page 67, Section [8.7.1.4]-ETSI discloses the initiating node answers with an EN-DC X2 SETUP FAILURE message).
Regarding claims 35, 42 and 48 ETSI in view of Peisa teaches the method of claim 34, the method of claim 41, the first network node of claim 47 respectively.
ETSI further teaches the transmitted first connection establishment message further comprises a Message Oversize Notification Information Element (IE) indicating a reason for a failure of the connection establishment (Pages 181-186, Section [9.2.6]-ETSI discloses {Causes} The purpose of the cause information element is to indicate the reason for a particular event for the whole protocol … Load Balancing ... Control Processing Overload ... {Radio Network Layer cause ---- Meaning} Reduce Load in Serving Cell ---- Load in serving cell needs to be reduced. When applied to handover preparation, it indicates the handover is triggered due to load balancing .... Reduce Load ---- Load in the cell(group) served by the requesting node needs to be reduced. In the current version of this specification applicable for Dual Connectivity and EN-DC only. Page 92, Section [8.7.17.1]-ETSI discloses the purpose of the gNB Status Indication procedure is to inform the eNB that the en-gNB is overloaded ... the gNB Overload Information IE in the GNB STATUS INDICATION message is set to "overloaded". Fig. 8.3.1.2-1, Page 32, Section [8.3.1.2]-ETSI discloses An eNB1 initiates the procedure by sending LOAD INFORMATION message to a peer eNB2. If the UL Interference Overload Indication IE is received in the LOAD INFORMATION message, it indicates the interference level experienced by the indicated cell on all resource blocks, per PRB).
Regarding claims 36, 43 and 49, ETSI in view of Peisa teaches the method of claim 31, the method of claim 37, the first network node of claim 44 respectively.
ETSI further teaches the transmitted first connection establishment message comprises a Maximum Cell List Size Information Element (IE) that indicates the maximum number of cells of the second network node that are receivable by the first network node in the list of served cells of the second network node (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... eNB → en-gNB, en-gNB → eNB ... List of Served EUTRA Cells ... <maxCellineNB> {Range; Maximum no. cells that can be served by an eNB} ... Complete list of cells served by the eNB ... List of Served NR Cells ... <maxCellinengNB> {Range; Maximum no. cells that can be served by an en-gNB} ... Complete list of cells served by the engNB).
Regarding claims 38, ETSI in view of Peisa teaches the method of claim 37.
ETSI further teaches handling the connection establishment based on the first connection establishment message (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... This message is sent by an initiating node to a neighbouring node, both nodes able to interact for EN-DC, to transfer the initialization information for a TNL association. Figs. 8.7.1.2-1 and 8.2.3.2-1, Page 30, Section [9.1.2.31]-ETSI discloses EN-DC ... UE-associated signalling connection between the MeNB and the SeNB).
Regarding claims 50, ETSI in view of Peisa teaches first network node of claim 44.
ETSI further teaches the first network node is an eNodeB (eNB) or a gNodeB (gNB) (Page 13, Section [1]-ETSI discloses radio network layer signalling procedures of the control plane between eNBs in EUTRAN. X2AP supports the functions of X2 interface by signalling procedures. Page 15, Section [3.1]-ETSI discloses X2AP protocol consists of Elementary Procedures (EPs). An X2AP Elementary Procedure is a unit of interaction between two eNBs. An EP consists of an initiating message and possibly a response message).
Regarding claims 52, ETSI in view of Peisa teaches the second network node of claim 51 respectively.
ETSI further teaches the second network node is operative to handle the connection establishment based on the first connection establishment message (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... This message is sent by an initiating node to a neighbouring node, both nodes able to interact for EN-DC, to transfer the initialization information for a TNL association. Figs. 8.7.1.2-1 and 8.2.3.2-1, Page 30, Section [9.1.2.31]-ETSI discloses EN-DC ... UE-associated signalling connection between the MeNB and the SeNB).
Response to Arguments
Applicant's Arguments/Remarks, filed on 05/18/2026, with respect to the 35 USC § 103 rejection of claims 31-52 have been fully considered. Applicant’s arguments are not persuasive.
In the remarks, on page 9-10, Lines [27-29 and 1-3 respectively], Applicant argues that, “…ETSI ... does not teach or suggest a first connection establishment message indicating "a maximum size of a list of served cells of the second network node that the first network node is capable of receiving in a second connection establishment message," as recited in claim 31.”
However, ETSI teaches a maximum size of a list of served cells of the second network node that the first network node is capable of receiving in a second connection establishment message (Page 123, Section [9.1.2.31]-ETSI discloses EN-DC X2 SETUP REQUEST ... eNB → en-gNB, en-gNB → eNB ... List of Served EUTRA Cells {Information Element} ... <maxCellineNB> {Range; Maximum no. cells that can be served by an eNB} ... Complete list of cells served by the eNB ... List of Served NR Cells ... <maxCellinengNB> {Range; Maximum no. cells that can be served by an en-gNB} ... Complete list of cells served by the engNB. Page 35, Section [8.3.3.2]-ETSI discloses for each CSG cell or hybrid cell served by the candidate eNB2 the X2 SETUP RESPONSE message shall contain the CSG ID IE. The eNB receiving the IE shall take this information into account when further deciding whether X2 handover between the source cell and the target cell may be performed. Figure 8.3.8.3-1, Page 44, Section [8.3.9.1]-ETSI discloses to transfer information regarding RRC re-establishment attempts, or received RLF Reports, between eNBs).
In the remarks, on page 10, Lines [10-13], Applicant argues that, “…neither ETSI nor Peisa, alone or in combination, teaches or suggests the first connection establishment message indicating "that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells," as recited in claim 31.”
However, Peisa et al. (US 20200245293 A1) teaches the first connection establishment message indicates: that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells (Para. [0032]-Peisa discloses method in a network node for establishing connectivity and receiving data to and from a wireless device. Fig. 2, Para. [0062]-Peisa discloses a network node, such as a gNB, broadcasts, in the minimum system information associated with a cell, a partial list of PLMN IDs and an indication that there are additional PLMN IDs supported by the communication network available using on-demand system information. The partial list may comprise (e.g. contain) the most common PLMN IDs used in the network, so that most of the UEs can access the system only by receiving the minimum system information).
In addition, further search also shows that TALUKDAR et al. (US 20200329414 A1) teaches the first connection establishment message indicates: that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells (Fig. 1, Para. [0043]-Talukdar discloses the UD 10 can readily acquire information about further APs in this case, and so in addition to the ‘partial AP-list’ the UD sent with its initial RACH message the UD 10 can subsequently send a supplemental AP report with information on one or more additional APs. The temporary AP and the CSM can begin setting up the multi-AP connection upon receipt of the initial RACH message with the partial AP-list as described herein, but suspend the actual RRC connection setup until receiving the UD's supplemental AP-list that with the partial AP-list will satisfy the network's minimum number of APs for a UD cluster set), while
XIONG et al. (CN 101754414 B) also teaches the first connection establishment message indicates: that a list of served cells of the first network node comprised in the first connection establishment message is a partial list of served cells (Para. [0036]-Xiong discloses receiving taking the group configuration parameter indication information, obtaining all or part of physical cell identifier according to the indication information taking the group configuration parameter, according to the all or part of physical cell identification, obtaining all or part of preparing good cell list. Claim [1]-Xiong discloses receiving taking the group configuration parameter indication information; obtaining all or part of physical cell identifier according to the indication information taking the group configuration parameter; The all or part of physical cell identifier, obtaining all or part of preparing good cell list according to the whole or partial cell list is prepared for judging the proper cell is the good prepared cell, if the selected proper cell is cell of preparing good, initiating the RRC connection).
In the remarks, on page 11, Lines [7-8], Applicant argues that, “…no one of ordinary skill in the art would modify ETSI according to Peisa.”
However, ETSI and Peisa are both considered to be analogous to the claimed invention because they are in the same field of wireless communication, dealing with RRC connection method, device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ETSI to incorporate the teachings of Peisa on connection establishment, with a motivation to transmit a partial list of served cells, and support the functions of X2 interface by signalling procedures, (ETSI, Page 13, Section [1]).
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm to.
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 SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OO/
Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
Prosecution Insights