DETAILED ACTION
Claims status
In response to the amendment filed on 02/03/2026, claims 1, 2, 5, 9, and 13-15 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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.
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 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, 5, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Uchino et al. (US 2022/0408322 A1 as PCT filed on 08/14/2019) in view of Tsuboi et al. (US 2020/0366552 A1).
Regarding claim 1; Uchino teaches a method performed by a master node (MN) serving a wireless device with a source secondary node (SN) (See Fig. 4:the gNB or Master node to add another secondary cell nodes. ¶ [0081]) in a dual connectivity (DC) in a wireless communication system (See Fig. 1: dual connectivity (DC) for simultaneously performing communication between a plurality of NG-RAN Nodes and a terminal. ¶ [0036]), the method comprising:
transmitting, by a master node (MN) to a secondary node (SN), an SN modification request message (See Fig. 4: the gNB 100A (MN) transmits SN Addition Request (SN modification request message) to each of the gNBs 100C and 100D (SN) other than the gNB 100B (source SN) (S11). ¶ [0081]) comprising one primary secondary (PSCell) identifiers (ID)of one candidate PSCell prepared for the conditional PSCell change (See Fig. 4 and 9: the gNB 100A (MN) includes, in RRCReconfigurationList in RRC Reconfiguration, identification information of the candidate cell subordinate to the gNB 100C (SN) and identification information of the candidate cell subordinate to the gNB 100D (SN), and sets a transaction ID for a predetermined information element (IE) in RRC Reconfiguration (see FIG. 9 ). ¶ [0153]), wherein the message information comprises; one PSCell identifier (ID) (See Fig. 10: the identification information of the candidate cell subordinate (i.e., PSCell Identifiers or IDs) to the gNB 100C (SN) and the identification information of the candidate cell subordinate to the gNB 100D (SN). ¶ [0154]);
receiving, by the MN from the SN, an SN modification request acknowledgement (ACK) message (See Fig. 4 and 6: when receiving the SN Addition Request (SN modification request message) from the gNB 100A (MN), the gNB 100D (SN) transmits SN Addition Request Ack (SN modification request ACK message) including configuration information of a cell subordinate to the gNB 100D (referred to as a candidate cell) to the gNB 100A (MN) (S13). The configuration information of the candidate cell includes information of the candidate cell and a transition condition to the candidate cell. ¶ [0083]) comprising an SN radio resource control (RRC) reconfiguration message (See Figs. 4, 9 and 10: When receiving SN Release Request Ack from the gNB 100B (source SN), the gNB 100A (MN) transmits RRC Reconfiguration to the terminal 200 (S19). RRC Reconfiguration includes plural pieces of the configuration information of the candidate cells which are received from the gNBs 100C and 100D (SN). ¶ [0086]),
wherein the SN RRC reconfiguration message comprises one RRC information element for the conditional PSCell change to be modified (See Figs. 4, 9, and 10: the gNB 100A (MN) transmits the information (i.e., Information elements) of the candidate cell and a condition with which the terminal 200 triggers the SN change (i.e., RRC that are modified for the conditional PSCell change), to the terminal 200 by using RRC Reconfiguration in S19. ¶ [0104]), and
wherein the one RRC information element comprise one execution condition for the conditional PSCell change (See Fig. 4 and 10: the gNB 100A (MN) may include, in RRCReconfigurationList in RRC Reconfiguration1 which is an RRC reconfiguration message used in the Conditional SCG change, the identification information of the candidate cell subordinate to the gNB 100C (SN) and the identification information of the candidate cell subordinate to the gNB 100D (SN), and set a transaction ID for a predetermined information element (IE) in RRC Reconfiguration1 (see FIG. 10 ). ¶ [0154]);
transmitting, by the MN to a user equipment (UE), a radio resource control (RRC) reconfiguration message comprising the SN RRC reconfiguration message (See Fig. 4 and 10: the gNB 100A (MN) notifies the terminal 200 of a change in the configuration information of the candidate cell by using RRC Reconfiguration after receiving RRC Reconfiguration Complete from the terminal 200 in S21 (S29). ¶ [0098]); and
receiving, by the MN from the UE, an RRC reconfiguration complete message based on the one execution conditions being satisfied (See Figs. 4, 9 and 10: When receiving RRC Reconfiguration from the gNB 100A (MN), the terminal 200 transmits RRC Reconfiguration Complete to the gNB 100A (MN) (S31). Based on reception of RRC Reconfiguration, the terminal 200 deletes the configuration information of the candidate cell subordinate to the gNB 100C (SN). ¶ [0100]).
Even though, Uchino teaches the SN SN RRC reconfiguration to include RRC information element (IE), Uchino doesn’t explicitly provide the RRC information element to be modified.
However, Tsuboi discloses the RRC information element to be modified (Tsuboi: See Fig. 9: the information indicating the PDCP version change (e.g., PDCP version change information element (pdcpVersionChange)) is included in the RRC reconfiguration message, but a structure in which DRB-ToReleaseList can include multiple parameters may be adopted…¶ [0103]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide that the RRC information element is to be modified as taught by Tsuboi to have incorporated in the system of Uchino, so that it would provide that a base station apparatus can notify a terminal apparatus of an information required for a radio bearer configuration (e.g., DRB configuration) and the terminal apparatus can correctly perform the radio bearer configuration (e.g., DRB configuration), allowing efficient communication. Tsuboi: ¶ [0027].
[Office’s Note: Because of the alternative claim language such as “one or more”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 2: Uchino teaches the method wherein the SN modification request message comprises a UE ID or indication to modify the RRC information elements for the conditional PSCell change (See Fig. 4 and 10: the gNB 100A (MN) may include, in RRCReconfigurationList in RRC Reconfiguration1 which is an RRC reconfiguration message used in the Conditional SCG change, the identification information of the candidate cell subordinate to the gNB 100C (SN) and the identification information of the candidate cell subordinate to the gNB 100D (SN), and set a transaction ID for a predetermined information element (IE) in RRC Reconfiguration1 (see FIG. 10 ). ¶ [0154]).
Regarding claim 5: Uchino in view of Tsuboi discloses the method wherein the SN modification request ACK message further comprises an indication of successfully modifying RRC information elements (Tsuboi: See Fig. 9: the information indicating the PDCP version change (e.g., PDCP version change information element (pdcpVersionChange)) is included in the RRC reconfiguration message, but a structure in which DRB-ToReleaseList can include multiple parameters may be adopted…¶ [0103]) for the conditional PSCell change (Uchino: (See Figs. 4, 9, and 10: the gNB 100A (MN) transmits the information (i.e., Information elements) of the candidate cell and a condition with which the terminal 200 triggers the SN change (i.e., RRC that are modified for the conditional PSCell change), to the terminal 200 by using RRC Reconfiguration in S19. ¶ [0104]).
Regarding claim 13; Uchino teaches the method wherein the UE is in communication with a network (See Fig. 10.2.1-1: Gateway or MME network node. See section 10.2.1).
Regarding claim 14; Uchino teaches a master node (MN) serving a wireless device with a source secondary node (SN) in a dual connectivity (DC) in a wireless communication system, the MN comprising:a transceiver; a memory; and at least one processor operatively coupled to the transceiver and the memory, and configured to:
transmitting, to a secondary node (SN), an SN modification request message (See Fig. 4: the gNB 100A (MN) transmits SN Addition Request (SN modification request message) to each of the gNBs 100C and 100D (SN) other than the gNB 100B (source SN) (S11). ¶ [0081]) comprising one primary secondary (PSCell) identifiers (ID)of one candidate PSCell prepared for the conditional PSCell change (See Fig. 4 and 9: the gNB 100A (MN) includes, in RRCReconfigurationList in RRC Reconfiguration, identification information of the candidate cell subordinate to the gNB 100C (SN) and identification information of the candidate cell subordinate to the gNB 100D (SN), and sets a transaction ID for a predetermined information element (IE) in RRC Reconfiguration (see FIG. 9 ). ¶ [0153]), wherein the message information comprises; one PSCell identifier (ID) (See Fig. 10: the identification information of the candidate cell subordinate (i.e., PSCell Identifiers or IDs) to the gNB 100C (SN) and the identification information of the candidate cell subordinate to the gNB 100D (SN). ¶ [0154]);
receiving, from the SN, an SN modification request acknowledgement (ACK) message (See Fig. 4 and 6: when receiving the SN Addition Request (SN modification request message) from the gNB 100A (MN), the gNB 100D (SN) transmits SN Addition Request (SN modification request message) Ack including configuration information of a cell subordinate to the gNB 100D (referred to as a candidate cell) to the gNB 100A (MN) (S13). The configuration information of the candidate cell includes information of the candidate cell and a transition condition to the candidate cell. ¶ [0083]) comprising an SN radio resource control (RRC) reconfiguration message (See Figs. 4, 9 and 10: When receiving SN Release Request Ack from the gNB 100B (source SN), the gNB 100A (MN) transmits RRC Reconfiguration to the terminal 200 (S19). RRC Reconfiguration includes plural pieces of the configuration information of the candidate cells which are received from the gNBs 100C and 100D (SN). ¶ [0086]),
wherein the SN RRC reconfiguration message comprises one RRC information element for the conditional PSCell change to be modified (See Figs. 4, 9, and 10: the gNB 100A (MN) transmits the information (i.e., Information elements) of the candidate cell and a condition with which the terminal 200 triggers the SN change (i.e., RRC that are modified for the conditional PSCell change), to the terminal 200 by using RRC Reconfiguration in S19. ¶ [0104]), and
wherein the one RRC information element comprise one execution condition for the conditional PSCell change (See Fig. 4 and 10: the gNB 100A (MN) may include, in RRCReconfigurationList in RRC Reconfiguration1 which is an RRC reconfiguration message used in the Conditional SCG change, the identification information of the candidate cell subordinate to the gNB 100C (SN) and the identification information of the candidate cell subordinate to the gNB 100D (SN), and set a transaction ID for a predetermined information element (IE) in RRC Reconfiguration1 (see FIG. 10 ). ¶ [0154]);
transmitting, to a user equipment (UE), a radio resource control (RRC) reconfiguration message comprising the SN RRC reconfiguration message (See Fig. 4 and 10: the gNB 100A (MN) notifies the terminal 200 of a change in the configuration information of the candidate cell by using RRC Reconfiguration after receiving RRC Reconfiguration Complete from the terminal 200 in S21 (S29). ¶ [0098]); and
receiving, by the MN from the UE, an RRC reconfiguration complete message based on the one execution conditions being satisfied (See Figs. 4, 9 and 10: When receiving RRC Reconfiguration from the gNB 100A (MN), the terminal 200 transmits RRC Reconfiguration Complete to the gNB 100A (MN) (S31). Based on reception of RRC Reconfiguration, the terminal 200 deletes the configuration information of the candidate cell subordinate to the gNB 100C (SN). ¶ [0100]).
Even though, Uchino teaches the SN SN RRC reconfiguration to include RRC information element (IE), Uchino doesn’t explicitly provide the RRC information element to be modified.
However, Tsuboi discloses the RRC information element to be modified (Tsuboi: See Fig. 9: the information indicating the PDCP version change (e.g., PDCP version change information element (pdcpVersionChange)) is included in the RRC reconfiguration message, but a structure in which DRB-ToReleaseList can include multiple parameters may be adopted…¶ [0103]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide that the RRC information element is to be modified as taught by Tsuboi to have incorporated in the system of Uchino, so that it would provide that a base station apparatus can notify a terminal apparatus of an information required for a radio bearer configuration (e.g., DRB configuration) and the terminal apparatus can correctly perform the radio bearer configuration (e.g., DRB configuration), allowing efficient communication. Tsuboi: ¶ [0027].
[Office’s Note: Because of the alternative claim language such as “one or more”, only one of the alternative limitations has been analyzed by the examiner].
Regarding claim 15; Uchino teaches a method comprising
receiving, by a user equipment (UE) from a master node (MN) (See Fig. 4 and 10: the gNB 100A (MN) notifies the terminal 200 of a change in the configuration information of the candidate cell by using RRC Reconfiguration after receiving RRC Reconfiguration Complete from the terminal 200 in S21 (S29). ¶ [0098]), a radio resource control (RRC) reconfiguration message comprising a secondary node (SN) RRC reconfiguration message (See Fig. 4 and 10: the gNB 100A (MN) notifies the terminal 200 of a change in the configuration information of the candidate cell by using RRC Reconfiguration after receiving RRC Reconfiguration Complete from the terminal 200 in S21 (S29). ¶ [0098])
wherein an SN modification request message (See Fig. 4: the gNB 100A (MN) transmits SN Addition Request (SN modification request message) to each of the gNBs 100C and 100D (SN) other than the gNB 100B (source SN) (S11). ¶ [0081]) comprising one or more primary secondary cell (PSCell) identifiers (IDs) of one candidate PSCell (See Fig. 10: the identification information of the candidate cell subordinate (i.e., PSCell Identifiers or IDs) to the gNB 100C (SN) and the identification information of the candidate cell subordinate to the gNB 100D (SN). ¶ [0154]) prepared for a conditional PSCell change is transmitted from the MN to an SN (See Fig. 4: the gNB 100A (MN) transmits SN Addition Request (SN modification request message) to each of the gNBs 100C and 100D (SN) other than the gNB 100B (source SN) (S11). ¶ [0081]),
wherein an SN modification request acknowledgement (ACK) message comprising the SN RRC reconfiguration message is transmitted from the SN to the MN (See Fig. 4 and 6: when receiving the SN Addition Request (SN modification request message) from the gNB 100A (MN), the gNB 100D (SN) transmits SN Addition Request Ack (SN modification request ACK message) including configuration information of a cell subordinate to the gNB 100D (referred to as a candidate cell) to the gNB 100A (MN) (S13). The configuration information of the candidate cell includes information of the candidate cell and a transition condition to the candidate cell. ¶ [0083]);
wherein the SN RRC reconfiguration message comprises one RRC information element for the conditional PSCell change to be modified (See Figs. 4, 9, and 10: the gNB 100A (MN) transmits the information (i.e., Information elements) of the candidate cell and a condition with which the terminal 200 triggers the SN change (i.e., RRC that are modified for the conditional PSCell change), to the terminal 200 by using RRC Reconfiguration in S19. ¶ [0104]), and
wherein the one or more RRC information elements comprise one or more execution conditions for the conditional PSCell change (See Fig. 4 and 10: the gNB 100A (MN) may include, in RRCReconfigurationList in RRC Reconfiguration1 which is an RRC reconfiguration message used in the Conditional SCG change, the identification information of the candidate cell subordinate to the gNB 100C (SN) and the identification information of the candidate cell subordinate to the gNB 100D (SN), and set a transaction ID for a predetermined information element (IE) in RRC Reconfiguration1 (see FIG. 10 ). ¶ [0154]); and
based on the one or more execution conditions being satisfied, transmitting, by the UE to the MN, an RRC reconfiguration complete message (See Figs. 4, 9 and 10: When receiving RRC Reconfiguration from the gNB 100A (MN), the terminal 200 transmits RRC Reconfiguration Complete to the gNB 100A (MN) (S31). Based on reception of RRC Reconfiguration, the terminal 200 deletes the configuration information of the candidate cell subordinate to the gNB 100C (SN). ¶ [0100]).
Even though, Uchino teaches the SN SN RRC reconfiguration to include RRC information element (IE), Uchino doesn’t explicitly provide the RRC information element to be modified.
However, Tsuboi discloses the RRC information element to be modified (Tsuboi: See Fig. 9: the information indicating the PDCP version change (e.g., PDCP version change information element (pdcpVersionChange)) is included in the RRC reconfiguration message, but a structure in which DRB-ToReleaseList can include multiple parameters may be adopted…¶ [0103]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide that the RRC information element is to be modified as taught by Tsuboi to have incorporated in the system of Uchino, so that it would provide that a base station apparatus can notify a terminal apparatus of an information required for a radio bearer configuration (e.g., DRB configuration) and the terminal apparatus can correctly perform the radio bearer configuration (e.g., DRB configuration), allowing efficient communication. Tsuboi: ¶ [0027].
[Office’s Note: Because of the alternative claim language such as “one or more”, only one of the alternative limitations has been analyzed by the examiner].
Allowable Subject Matter
Claim 9 is objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
In response to the RCE amendment as filed on 02/03/2026, Applicant’s arguments with respect to claims 1, 2, 5, 9 and 13-15 have been considered but they are not persuasive.
Arguments:
Applicant argues that Uchino et al. in view of Tsuboi et al. fails to teach or suggest the amended limitation “wherein the SN RRC reconfiguration message comprises one RRC information element for the conditional PSCell change to be modified.”
Examiner’s responses:
Examiner respectfully disagrees. Uchino teaches a method performed by a master node (MN) serving a wireless device with a source secondary node (SN) in dual connectivity (DC). For example, Uchino discloses that dual connectivity allows simultaneous communication between a terminal and a plurality of NG-RAN nodes. See Uchino, Fig. 1 and ¶ [0036]. Uchino further teaches that the master node/gNB transmits an SN Addition Request, interpreted as an SN modification request message, to candidate secondary nodes. See Uchino, Fig. 4 and ¶ [0081]. Uchino also teaches that the MN receives an SN Addition Request Ack, interpreted as an SN modification request acknowledgement message, from the SN. The acknowledgement includes configuration information of a candidate cell, including candidate cell information and a transition condition to the candidate cell. See Uchino, Fig. 4 and ¶ [0083]. Uchino further teaches that the MN transmits an RRC Reconfiguration message to the terminal, where the RRC Reconfiguration includes plural pieces of configuration information of candidate cells received from the candidate SNs. See Uchino, Fig. 4 and ¶ [0086]. In particular, Uchino teaches that the RRC Reconfiguration message used for conditional SCG/SN change includes an RRCReconfigurationList containing identification information of candidate cells subordinate to candidate SNs, and that a transaction ID is set for a predetermined information element (IE) in the RRC Reconfiguration. See Uchino, Figs. 9 and 10 and ¶¶ [0153]-[0154]. Uchino also teaches that the MN transmits to the terminal the information of the candidate cell and a condition with which the terminal triggers the SN change by using RRC Reconfiguration. See Uchino ¶ [0104]. Thus, Uchino teaches an SN RRC reconfiguration message comprising an RRC information element associated with the conditional PSCell/SN change, including an execution or transition condition for performing the conditional change.
To the extent Applicant argues that Uchino does not describe the RRC information element as being “to be modified,” Tsuboi expressly teaches modification of RRC information elements within an RRC reconfiguration message. For example, Tsuboi discloses that information indicating a PDCP version change, such as a pdcpVersionChange information element, is included in an RRC reconfiguration message, and further teaches that a structure may be adopted in which a release list, such as DRB-ToReleaseList, can include multiple parameters. See Tsuboi, Fig. 9 and ¶ [0103]. Tsuboi therefore teaches that an RRC reconfiguration message may include an RRC information element that indicates modified configuration information. Accordingly, Uchino teaches the claimed conditional PSCell/SN change framework, including the SN-related RRC Reconfiguration information, candidate PSCell/candidate cell identification information, and execution/transition condition. Tsuboi further teaches that an RRC Reconfiguration message may include an information element representing modified configuration information. Therefore, the combination teaches or suggests an SN RRC reconfiguration message comprising one RRC information element for the conditional PSCell change to be modified.
The motivation for combining the two prior arts is to modify Uchino’s RRC reconfiguration procedure to include an RRC information element to be modified, as taught by Tsuboi, in order to allow a base station apparatus to notify a terminal apparatus of information required for radio bearer configuration, such as DRB configuration, so that the terminal apparatus can correctly perform the radio bearer configuration and thereby support efficient communication. See Tsuboi ¶ [0027]. Therefore, Applicant’s argument is not persuasive because the cited combination of Uchino and Tsuboi teaches or at least renders obvious the amended limitation “wherein the SN RRC reconfiguration message comprises one RRC information element for the conditional PSCell change to be modified.”
Conclusion
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 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 SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAI AUNG/
Primary Examiner, Art Unit 2416
Prosecution Insights