DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claims 1-6 and 11-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 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 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 1-2, 6, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over NEC, Reuse of conditional handover for SCG change in NR-DC, 3GPP TSG-RAN WG2 #105bis, Xi’an, China, 8 – 12 April, 2019, R2-1904069, hereinafter “NEC” in view of Zhang et al. (US 2021/0051537 A1, hereinafter “Zhang”) and Da Silva et al. (US 2022/0322174 A1, hereinafter “Silva”).
Regarding claims 1 and 6, NEC discloses a wireless terminal [see Section 2, Fig. 1; UE] comprising:
processor circuitry [see Section 2, Fig. 1; UE comprising a processor] configured to establish a first radio connection with a master access node [see Section 2, Fig. 1; establishing a first radio connection (MCG) with a master node (MN)];
receiver circuitry [see Section 2, Fig. 1; UE comprising a receiver] configured to receive a radio resource control (RRC) re-configuration message comprising one or more conditional primary cell of secondary cell group (PSCell) configurations that are included in the RRC re-configuration message, each of the one or more conditional PSCell configurations comprising an identity of a candidate PSCell of the secondary cell group for Dual-Connectivity, each of the one or more conditional PSCell configurations being associated with at least one triggering condition [see Section 2, Fig. 1; receiving a RRCReconfiguration message comprising conditional handover (CHO) for secondary cell group (SCG) change including new SCG configuration for PSCell change (candidate target cells and conditions) of the SCG for dual connectivity (see section 2.1; dual connectivity using the NR as secondary is included in the scope (i.e. SCG change))],
wherein:
each of the one or more conditional PSCell configurations instructs the wireless terminal to establish a second radio connection with a secondary access node serving the candidate PSCell included in each of the one or more conditional PSCell configurations in a case that each respective at least one triggering condition associated with each of the one or more conditional PSCell configurations is met [Section 2, Fig. 1; the CHO for SCG change instructs the UE to (initiate the PSCell change) establish a second radio connection (SCG) with a secondary node (SN) serving the candidate target cell in a case that the configured condition is matched], and
the processor circuitry [see Section 2, Fig. 1; UE comprising a processor] is further configured to invalidate the one or more conditional PSCell configurations upon a change of a first master key for the first radio connection [see section 2.1; the SCG change involves a security key change; also see page 3, section 10.6, PSCell change; invalidate (reset/re-established) the SCG configuration upon a change of a security key for the first radio connection].
Although NEC discloses at least one triggering condition,
NEC does not explicitly discloses at least one “designated” triggering condition.
However, Zhang teaches a UE receiving a re-configuration message [see Fig. 2, step 261, para. 26; see Fig. 3, step 301, para. 29; UE receiving a RRCReconfiguration message from source gNB] comprising one or more conditional PSCell configurations being associated with at least one designated triggering condition [see para. 27, 29; the RRCReconfiguration message including designated triggering conditions for each corresponding candidate cell]; and the UE is configured with dual connectivity [see Fig. 1, para. 21; UE 105 is configured with dual connectivity and is connected with gNB 101 via a link 113 and gNB 102 via a link 115 simultaneously. UE 107 is in the service areas of gNB 101, gNB 102, and gNB 103. UE 107 is configured with dual connectivity and is connected with gNB 101 with a link 112 and gNB 103 with a link 117].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a UE receiving a re-configuration message comprising one or more conditional PSCell configurations being associated with at least one designated triggering condition; and the UE is configured with dual connectivity”, as taught by Zhang, into the system of NEC so that it would improve mobility robustness in the wireless network [see Zhang, para. 2, 6].
The combined system of NEC and Zhang does not explicitly disclose “information elements”.
However Silva teaches conditional PSCell configurations that are included as information elements in an RRC re-configuration message [see para. 135].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “conditional PSCell configurations that are included as information elements in an RRC re-configuration message”, as taught by Silva, into the combined system of NEC and Zhang so that it would reduce the amount of signaling used to configure a CHO [see Silva, para. 134].
Regarding claim 2, NEC discloses wherein the processor circuitry is further configured to establish the second radio connection with the secondary access node serving the candidate PSCell included in one of the one or more conditional PSCell configurations in the case that the at least one triggering condition associated with the one of the one or more conditional PSCell configurations is met [see Section 2, Fig. 1; establish the SCG connection with the SN serving the candidate target cell in the case that the configured condition is met].
Although NEC discloses at least one triggering condition,
NEC does not explicitly discloses at least one “designated” triggering condition.
However, Zhang teaches a UE receiving a re-configuration message [see Fig. 2, step 261, para. 26; see Fig. 3, step 301, para. 29; UE receiving a RRCReconfiguration message from source gNB] comprising one or more conditional PSCell configurations being associated with at least one designated triggering condition [see para. 27, 29; the RRCReconfiguration message including designated triggering conditions for each corresponding candidate cell]; and establishing a radio connection with a target cell in case that the at least one designated triggering condition associated with one or more conditional PSCell configurations is met [see Fig. 2, steps 272-273, para. 27; see Fig. 3, step 305, para. 29; UE performs HO procedures and completes the HO procedure with a target cell if the condition for at least one candidate cell is met].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a UE receiving a re-configuration message comprising one or more conditional PSCell configurations being associated with at least one designated triggering condition; and establishing a radio connection with a target cell in case that the at least one designated triggering condition associated with one or more conditional PSCell configurations is met”, as taught by Zhang, into the combined system of NEC and Silva so that it would improve mobility robustness in the wireless network [see Zhang, para. 2, 6].
Regarding claim 11, NEC discloses an access node [see Section 2, Fig. 1; master node (MN)] comprising:
processor circuitry [see Section 2, Fig. 1; MN comprising a processor] configured to establish a first radio connection with a wireless terminal [see Section 2, Fig. 1; establishing a first radio connection (MCG) with a UE];
transmitter circuitry [see Section 2, Fig. 1; MN comprising a transmitter] configured to transmit a radio resource control (RRC) re-configuration message comprising one or more conditional primary cell of secondary cell group (PSCell) configurations that are included in the RRC re-configuration message, each of the one or more conditional PSCell configurations comprising an identity of a candidate PSCell of the secondary cell group for Dual-Connectivity, each of the one or more conditional PSCell configurations being associated with at least one triggering condition [see Section 2, Fig. 1; transmitting a RRCReconfiguration message comprising conditional handover (CHO) for secondary cell group (SCG) change including new SCG configuration for PSCell change (candidate target cells and conditions) of the SCG for dual connectivity (see section 2.1; dual connectivity using the NR as secondary is included in the scope (i.e. SCG change))],
wherein:
each of the one or more conditional PSCell configurations instructs the wireless terminal to establish a second radio connection with a secondary access node serving the candidate PSCell included in the each of the one or more conditional PSCell configurations in a case that each respective at least one triggering condition associated with the each of the one or more conditional PSCell configurations is met [Section 2, Fig. 1; the CHO for SCG change instructs the UE to (initiate the PSCell change) establish a second radio connection (SCG) with a secondary node (SN) serving the candidate target cell in a case that the configured condition is matched], and
upon a change of a first master key for the first radio connection, the one or more conditional PSCell configurations are invalidated by the wireless terminal [see section 2.1; the SCG change involves a security key change; also see page 3, section 10.6, PSCell change; upon a change of a security key for the first radio connection, the SCG configuration are invalidated (reset/re-established) by the UE].
Although NEC discloses at least one triggering condition,
NEC does not explicitly discloses at least one “designated” triggering condition.
However, Zhang teaches an access node transmitting a re-configuration message [see Fig. 2, step 261, para. 26; see Fig. 3, step 301, para. 29; a gNB transmitting a RRCReconfiguration message to a UE] comprising one or more conditional PSCell configurations being associated with at least one designated triggering condition [see para. 27, 29; the RRCReconfiguration message including designated triggering conditions for each corresponding candidate cell]; and the UE is configured with dual connectivity [see Fig. 1, para. 21; UE 105 is configured with dual connectivity and is connected with gNB 101 via a link 113 and gNB 102 via a link 115 simultaneously. UE 107 is in the service areas of gNB 101, gNB 102, and gNB 103. UE 107 is configured with dual connectivity and is connected with gNB 101 with a link 112 and gNB 103 with a link 117].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “an access node transmitting a re-configuration message comprising one or more conditional PSCell configurations being associated with at least one designated triggering condition; and the UE is configured with dual connectivity”, as taught by Zhang, into the system of NEC so that it would improve mobility robustness in the wireless network [see Zhang, para. 2, 6].
The combined system of NEC and Zhang does not explicitly disclose “information elements”.
However Silva teaches conditional PSCell configurations that are included as information elements in an RRC re-configuration message [see para. 135].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “conditional PSCell configurations that are included as information elements in an RRC re-configuration message”, as taught by Silva, into the combined system of NEC and Zhang so that it would reduce the amount of signaling used to configure a CHO [see Silva, para. 134].
Regarding claim 12, NEC discloses wherein the processor circuitry is further configured to generate the re-configuration message [see Section 2, Fig. 1; generating the RRCReconfiguration message].
Claims 3-4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over NEC in view of Zhang, Silva and Ericsson, TP for 38.331 on Conditional Handover, 3GPP TSG RAN WG2 #107, Prague, Czech Republic, 26th – 30th August 2019, R2-1909344, hereinafter “Ericsson”.
Regarding claims 3 and 13, NEC does not explicitly disclose wherein the one or more conditional PSCell configurations are included in an addition or modification list, the addition or modification list indicating whether each of the one or more conditional PSCell configurations in the addition or modification list is a new conditional PSCell configuration or a modified configuration of a conditional PSCell configuration stored in the wireless terminal.
However, Ericsson teaches one or more conditional PSCell configurations are included in an addition or modification list, the addition or modification list indicating whether each of the one or more conditional PSCell configurations in the addition or modification list is a new conditional PSCell configuration or a modified configuration of a conditional PSCell configuration stored in a wireless terminal [see page 9, Section 5.3.5.x.3; RRCReconfiguration comprising the condReconfigurationToAddModList].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “one or more conditional PSCell configurations are included in an addition or modification list, the addition or modification list indicating whether each of the one or more conditional PSCell configurations in the addition or modification list is a new conditional PSCell configuration or a modified configuration of a conditional PSCell configuration stored in a wireless terminal”, as taught by Ericsson, into the combined system of NEC, Zhang and Silva so that it would improve the robustness at handover [see Ericsson, Section 1].
Regarding claims 4 and 14, NEC does not explicitly disclose wherein the re-configuration message further comprising a release list, the release list indicating the one or more conditional PSCell configurations to be released.
However, Ericsson teaches a re-configuration message comprising a release list, the release list indicating one or more conditional PSCell configurations to be released [see page 9, Section 5.3.5.x.2; RRCReconfiguration comprising the condReconfigurationToRemoveList].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a re-configuration message comprising a release list, the release list indicating one or more conditional PSCell configurations to be released”, as taught by Ericsson, into the combined system of NEC, Zhang and Silva so that it would improve the robustness at handover [see Ericsson, Section 1].
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over NEC in view of Zhang, Silva and Da Silva et al. (US 2022/0046747 A1, hereinafter “Da Silva”).
Regarding claims 5 and 15, NEC discloses wherein a conditional PSCell configuration, among the one or more conditional PSCell configurations, is associated with one or more security keys used for the second radio connection, the one or more security keys being designated for the conditional PSCell configuration [see Section 2.1; SCG configuration for PSCell change with a security key change. Also see page 3; a PSCell change required a security key change is associated with a SgNB Security Key/SN Security Key used for the second radio connection (SCG)].
NEC does not explicitly disclose a conditional PSCell configuration is associated with “a counter, the counter being used for computing” one or more security keys used for the second radio connection, the “counter” being designated for the conditional PSCell configuration.
However, Da Silva teaches a conditional PSCell configuration is associated with a counter, the counter being used for computing one or more security keys used for a second radio connection, the counter being designated for the conditional PSCell configuration [see para. 169, 173, 180, 188, 194-195; a conditional SCG configurations is associated with a sk-Counter, the sk-Counter is used to derive secondary keys (sk) used for a SCG connection, the sk-Counter is designated for the conditional SCG configurations].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a conditional PSCell configuration is associated with a counter, the counter being used for computing one or more security keys used for a second radio connection, the counter being designated for the conditional PSCell configuration”, as taught by Da Silva, into the combined system of NEC, Zhang, and Silva so that the UE can achieve a fast SCG addition procedure [see Da Silva, para. 99].
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T LE whose telephone number is (571)270-5615. The examiner can normally be reached on M-F 9AM-6PM.
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/BRIAN T LE/Primary Examiner, Art Unit 2469