DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Response to Arguments
In their remarks submitted on 07/14/2026, the Applicant offers five arguments against the pending rejection.
First, the Applicant writes that “Fujishiro discloses dual connectivity and measurement reporting involving an MeNB and SeNB, but Fujishiro does not disclose the claimed measurement reporting while the SCG is in a configured dormant or deactivated operational state” (Applicant Remarks, p. 8).
On this point, the Examiner agrees; the non-final rejection dated 05/01/2026 cited Fujishiro for its description of RRM measurements (see Fujishiro 0227 and Fig. 16), but not for taking RRM measurements while in a dormant state. Zhou2, not Fujishiro, was cited to address this limitation. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The pending rejection is therefore properly maintained.
Second, the Applicant writes on page 9 of their remarks that “[a]lthough Zhou2 separately discusses multi-connectivity architecture, Zhou2 does not integrate its dormant-state SCell/BWP mechanism with a dual connectivity SCG controlled by a secondary base station” (Remarks, p. 9). The Applicant also adds that “transplant[ing] Zhou2’s single-node SCell/BWP dormant mechanism into Fujishiro’s MN/SN architecture as a configured dormant mode” would “not [be] a routine substitution” because “it changes how control, reporting, and measurement responsibilities are allocated across nodes” (Remarks, p. 9-10). The Applicant then finishes by asserting “[t]he Office Action does not provide a reasoned motivation with rational underpinning for such reengineering” (Remarks, p. 10).
However, the Examiner disagrees with this interpretation of Zhou2. Paragraph 0295 of Zhou2 describes “multi connectivity” that includes “[a] secondary base station” ... comprising ... one or more secondary cells for a wireless device” (Zhou2, 0295). Paragraph 0361 then describes a “wireless device” that “may, for example, if the SCell is transitioned to dormant state ... report CQI/PMI/RI/PTI/CRI for the SCell according to or based on a periodicity configured for the SCell in dormant state” (Zhou2, 0361). A skilled artisan would find no reason not to apply this description of reporting measurements for a dormant SCell to the outlined dual-connectivity scenario that also explicitly includes a SCell. At a minimum, the standard established under 35 U.S.C. 103 renders the combination of these passages obvious based on their shared nexus of a secondary cell, and the benefits of dormant-state SCell reporting (e.g. “provid[ing] the base station an ‘always-updated’ CSI for the SCell” (Zhou2, 0361)) apply equally to the dual connectivity scenario outlined in paragraph 0295 and a single connectivity scenario. Thus, the pending rejection is properly maintained.
Third, the Applicant argues that “Fujishiro is directed to LTE dual connectivity and does not disclose multi-RAT operation between, for example, LTE and NR nodes” (Remarks, p. 10). On this point, the Examiner agrees. However, the Applicant then goes on to write that “Zhou2’s dormant-state mechanism is not shown as operating across a multi-RAT dual connectivity interface between different base stations” (Remarks, p. 10).
The Examiner respectfully disagrees that Zhou2 does not at least render obvious the “dormant state mechanism ... operating across a multi-RAT dual connectivity interface”. Although Fujishiro does not specify that its multi-connectivity can span multiple radio access technologies, Zhou2 does describe “dual connectivity ... between NR and E-UTRA” in multiple places (e.g., Zhou2, 0214, 0226). The Applicant also argues that Toeda and Yilmaz do not teach this limitation, but they were not cited to teach it. Thus, the pending rejection is properly maintained.
Fourth, the Applicant writes that “Toeda concerns QoE/MDT-type measurement configuration and reporting for network-wide data collection and optimization” and “does not address physical-layer dormant-state operation of an SCG” (Remarks, p. 11).
The Examiner agrees with this point, but again, Toeda was not cited to address the aforementioned “physical-layer dormant state operation”. Zhou2 was the reference cited to address the contested “dormant state operation”. Thus, this objection does not address the pending rejection, and said rejection is properly maintained.
Finally, the Applicant argues on page 12 of their remarks that “Yilmaz is directed to secondary node change procedures” and “does not supply the missing dormant-state cross-node reporting limitation” (Remarks, p. 12).
However, Yilmaz was not cited to teach the full “dormant-state cross-node reporting limitation”; rather, it describes “forwarding of the transmitted information from the master base station to the secondary base station” that “occur[s] via a backhaul communication link” which is an “Xn/X2 link”. It would be obvious to one of ordinary skill to incorporate this forwarding into Zhou2’s method for reporting measurements for a dormant SCell because Zhou2 also describes a “Xn interface, X2 interface, and/or the like” (Zhou2, 0295), meaning a skilled artisan could easily incorporate the benefits of the backhaul forwarding into the system described in Zhou2. Again, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. Thus, the pending rejection is properly maintained.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 8-11, 14, 59, 63-66, 69-73, and 77 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro et al. (US 2016/0219604 A1, hereinafter “Fujishiro”) in view of Zhou et al. (US 2020/0029316 A1, hereinafter “Zhou2”) and further in view of Toeda et al. (US 2022/0394528 A1, hereinafter “Toeda”).
As to Claims 1, 14, 59, and 69:
Fujishiro describes a method for a UE to take RRM measurements to assess if it experienced radio link failure with a secondary cell group.
Specifically, Fujishiro teaches:
Receiving, by the UE ... a configuration for performing radio resource management (RRM) measurements
Fujishiro teaches that a “UE 100 performs measurement (RSRP measurement and RSRQ measurement) for each cell of the SCG on the basis of the measurement configuration (MeasurementConfig.) from the MeNB 200-1” (Fujishiro, 0227, Fig. 16).
Receiving, by the UE in response to the received RRM measurement configuration, for each cell of the SCG, one or more reference signals from the cell
Fujishiro teaches that a “UE 100 performs measurement (RSRP measurement and RSRQ measurement) for each cell of the SCG on the basis of the measurement configuration (MeasurementConfig.) from the MeNB 200-1” (Fujishiro, 0227, Fig. 16).
Here, the fact that “RSRP measurement and RSRQ measurement” occur “for each cell of the SCG” shows that reference signals were transmitted for each cell in the group.
Performing, by the UE for each cell of the SCG, one or more RRM measurements for the cell based on the received RRM measurement configuration and the received one or more reference signals from the cell
Fujishiro teaches that a “UE 100 performs measurement (RSRP measurement and RSRQ measurement) for each cell of the SCG on the basis of the measurement configuration (MeasurementConfig.) from the MeNB 200-1” (Fujishiro, 0227, Fig. 16).
Transmitting, by the UE for each cell of the SCG ... information regarding the performed one or more RRM measurements for the cell to a master base station
Fujishiro teaches that a “UE 100 performs measurement (RSRP measurement and RSRQ measurement) for each cell of the SCG” before subsequently sending a “measurement report” to the MeNB in step S414 of Fig. 16 (Fujishiro, 0227, Fig. 16).
The master base station and the secondary base station form a ... dual connectivity configuration
Fujishiro relates to “appropriately performing communication by the dual connectivity method” that includes “a master base station” and “a secondary base station” (Fujishiro, 0006-0007).
Fujishiro does not explicitly disclose:
Operating, by the UE, in a dormant state or deactivated state of a secondary cell group (SCG) of a secondary base station
The UE does not perform data transfer with the secondary base station while in the SCG dormant state or the SCG deactivated state
The UE stops monitoring a physical downlink control channel (PDCCH) associated with the secondary base station while in the SCG dormant state or the SCG deactivated state
Transmitting ... while in the SCG dormant state or the SCG deactivated state, information regarding the performed one or more RRM measurements for the cell to a master base station
The master base station and the secondary base station form a multiple-radio access technology (RAT) dual connectivity configuration
However, Zhou2 does describe a multi-rat dual connectivity arrangement including a power saving state for a secondary cell group.
Specifically, Zhou2 teaches:
Operating, by the UE, in a dormant state or deactivated state of a secondary cell group (SCG) of a secondary base station
Zhou2 describes a “dormant state” for a “SCell” (Zhou2, 0361). Elsewhere, Zhou2 describes “multi connectivity” (corresponding to the claimed “dual connectivity”) which includes “a master cell group” and “a secondary cell group” (Zhou2, 0295).
The UE does not perform data transfer with the secondary base station while in the SCG dormant state or the SCG deactivated state
Zhou2 teaches that a UE will “not transmit on an UL-SCH on the SCell” if it’s in the “dormant state” (Zhou2, 0361).
Here, “not transmit[ting] on an UL-SCH” corresponds to “not perform[ing] data transfer” because the UL-SCH channel is for data.
The UE stops monitoring a physical downlink control channel (PDCCH) associated with the secondary base station while in the SCG dormant state or the SCG deactivated state
Zhou2 teaches that a UE will “not monitor the PDCCH on the SCell” if it’s in the “dormant state” (Zhou2, 0361).
Transmitting ... while in the SCG dormant state or the SCG deactivated state, information regarding the performed one or more RRM measurements for the cell to a master base station
Zhou2 describes “[r]eporting CSI for an SCell, that has been transitioned to the dormant state” so as to “provide the base station an ‘always-updated’ CSI for the SCell” (Zhou2, 0361).
The master base station and the secondary base station form a multiple-radio access technology (RAT) dual connectivity configuration
Zhou2 describes “dual connectivity in NR or between E-UTRA and NR” (Zhou2, 0226).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Zhou2’s practice of reporting RRM measurements to the master base station even when a secondary cell group is dormant into Fujishiro’s method for taking RRM measurements for an entire secondary cell group. As stated in Zhou2, reporting measurements for dormant cells helps maintain the master base station’s knowledge of connection quality for each cell and can help the master node decide when switching to a new secondary cell group is necessary.
The combination of Fujishiro and Zhou2 also does not explicitly disclose:
Receiving, by the UE from the secondary base station, a configuration for performing radio resource management (RRM) measurements
However, Toeda does describe a method for exchanging configuration information between a UE and two base stations in a dual configuration scheme.
Specifically, Toeda teaches:
Receiving, by the UE from the secondary base station, a configuration for performing radio resource management (RRM) measurements
Toeda describes a “radio base station (eNB 100A)” that “receives, from another radio base station (gNB 100B) that performs dual connectivity, configuration information of measurement performed by the terminal” and “transmits a message including the configuration information to the terminal” (Toeda, 0010). Toeda later clarifies that these measurements are for “Quality of Experience (QoE)” which are analogous to “RRM measurements” (Toeda, 0029).
Here, “gNB 100B” corresponds to the “secondary base station”, and the “configuration information” corresponds to the claimed “configuration for performing radio resource management” because it is received indirectly from the secondary base station via the master base station (eNB 100A) as a relay.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Toeda’s practice of sending the RRM measurement configuration from the secondary base station into Fujishiro’s method for configuring RRM measurements for a SCG. The secondary node may be able to better configure RRM measurements for its own cells, so it makes sense to make it generate the RRM configuration instead of the master node.
Claim 14 encompasses the same subject matter as Claim 1 in addition to requiring:
A wireless transceiver; and a processor configured
Fig. 2 in Fujishiro shows a block diagram of a UE that includes a “Processor 160” and a “Radio Transceiver 110”.
Claim 59 encompasses the same subject matter as Claim 1 except it relates to “channel quality indicator (CQI) measurements” instead of “RRM measurements”. Although Fujishiro does not explicitly describe “channel quality indicator (CQI) measurements”, Zhou2 does state that “a wireless device may indicate one or more beam pair quality parameters comprising one or more of ... Channel Quality Indicator (CQI)” (Zhou2, 0280).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Fujishiro’s method for taking RRM measurements to the CQI measurements described in Zhou2. CQI measurements are another measure of the quality of a UE’s connection to a secondary cell and are largely interchangeable with RRM measurements.
Claim 69 describes the same subject matter as Claim 59 in addition to requiring:
A wireless transceiver; and a processor configured
Fig. 2 in Fujishiro shows a block diagram of a UE that includes a “Processor 160” and a “Radio Transceiver 110”.
As to Claims 8, 63, and 70:
Fujishiro teaches:
RRM measurements
Fujishiro teaches that a “UE 100 performs measurement (RSRP measurement and RSRQ measurement) for each cell of the SCG on the basis of the measurement configuration (MeasurementConfig.) from the MeNB 200-1” (Fujishiro, 0227, Fig. 16).
“RSRP measurement[s]” and “RSRQ measurement[s]” are examples of the claimed “RRM measurements”.
The combination of Fujishiro, and Zhou2 does not explicitly disclose:
Transmitting the information regarding the performed one or more ... measurements to the master base station occurs via a signaling radio bearer (SRB)
However, Toeda does teach:
Transmitting the information regarding the performed one or more ... measurements to the master base station occurs via a signaling radio bearer (SRB)
Toeda states that “[i]f SRB3 is configured, an MN-related measurement value is transmitted to the MN [master node] via SRB1 or SRB2 and an SN-related measurement value is transmitted to the SN [secondary node] via SRB3” (Toeda, 0068).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to report inactive RRM measurements using the signaling radio bearer that the UE uses to communicate with the master node in Toeda. The SRB in Toeda provides a simple alternate communication medium between a UE and the master base station.
Claim 63 encompasses substantially the same limitations as Claim 8 with respect to “CQI measurements” instead of “RRM measurements”.
Claim 70 encompasses the same new limitations as Claim 63.
As to Claims 9, 64, and 71:
The combination of Fujishiro and Zhou2 does not explicitly disclose:
The SRB is a signaling radio bearer 1 (SRB1) as defined in a Long-Term Evolution (LTE) or New Radio (NR) specification
However, Toeda does teach:
The SRB is a signaling radio bearer 1 (SRB1) as defined in a Long-Term Evolution (LTE) or New Radio (NR) specification
Toeda states that “[i]f SRB3 is configured, an MN-related measurement value is transmitted to the MN [master node] via SRB1 or SRB2 and an SN-related measurement value is transmitted to the SN [secondary node] via SRB3” (Toeda, 0068).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to combine the signaling radio bearer that the UE uses to communicate with the master node in Toeda with the cell selection in a dual connectivity scenario. The SRB in Toeda provides a simple alternate communication medium between a UE and the master base station.
Claim 64 encompasses the same new limitations as Claim 9.
Claim 71 encompasses the same new limitations as Claim 64.
As to Claim 10:
The combination of Fujishiro and Zhou2 does not explicitly disclose:
The SRB is a first SRB while a second SRB exists for transmitting signaling from the UE to the secondary base station
However, Toeda does teach:
The SRB is a first SRB while a second SRB exists for transmitting signaling from the UE to the secondary base station
Toeda states that “[i]f SRB3 is configured, an MN-related measurement value is transmitted to the MN [master node] via SRB1 or SRB2 and an SN-related measurement value is transmitted to the SN [secondary node] via SRB3” (Toeda, 0068).
Here, “SRB3” corresponds to the claimed “second SRB” for “transmitting signals from the UE to the secondary base station”.
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to combine the signaling radio bearer that the UE uses to communicate with the master node in Toeda with the cell selection in a dual connectivity scenario. The SRB in Toeda provides a simple alternate communication medium between a UE and the master base station.
As to Claim 11:
The combination of Fujishiro and Zhou2 does not explicitly disclose:
A signal radio bearer 3 (SRB3) exists for transmitting signaling from the UE to the secondary base station, wherein the SRB3 is defined in the LTE or NR specification
However, Toeda does teach:
A signal radio bearer 3 (SRB3) exists for transmitting signaling from the UE to the secondary base station, wherein the SRB3 is defined in the LTE or NR specification
Toeda states that “[i]f SRB3 is configured, an MN-related measurement value is transmitted to the MN [master node] via SRB1 or SRB2 and an SN-related measurement value is transmitted to the SN [secondary node] via SRB3” (Toeda, 0068).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to combine the signaling radio bearer that the UE uses to communicate with the master node in Toeda with the cell selection in a dual connectivity scenario. The SRB in Toeda provides a simple alternate communication medium between a UE and the master base station.
As to Claims 65 and 72:
Fujishiro teaches:
Transmitting the information via a physical uplink control channel (PUCCH)
Fujishiro describes “a physical uplink control channel (PUCCH) for transmitting a control signal” (Fujishiro, 0087).
Thus, although Fujishiro does not explicitly describe using the PUCCH to transmit RRM measurements, it does render such reporting obvious because the PUCCH is a readily available and effective means for such reporting.
Claim 72 encompasses the same new limitations as Claim 65.
As to Claims 66 and 73:
Fujishiro teaches:
Transmitting the information via a physical uplink shared channel (PUSCH)
Fujishiro describes “a physical uplink shared channel (PUCCH) for transmitting user data” (Fujishiro, 0087).
Thus, although Fujishiro does not explicitly describe using the PUSCH to transmit RRM measurements, it does render such reporting obvious because the PUSCH is a readily available and effective means for such reporting.
Claim 73 encompasses the same new limitations as Claim 66.
As to Claim 77:
The combination of Fujishiro and Zhou2 does not explicitly disclose:
The transmitted information associated with the performed one or more CQI measurements is intended to be received at the master base station from the UE and then forwarded from the master base station to the secondary base station
However, Toeda does teach:
The transmitted information associated with the performed one or more CQI measurements is intended to be received at the master base station from the UE and then forwarded from the master base station to the secondary base station
Toeda describes a “radio base station (eNB 100A)” that “receives, from another radio base station (gNB 100B) that performs dual connectivity, configuration information of measurement performed by the terminal” and “transmits a message including the configuration information to the terminal” (Toeda, 0010). Toeda later clarifies that these measurements are for “Quality of Experience (QoE)” which are analogous to “CQI measurements” (Toeda, 0029).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Toeda’s practice of forwarding measurements from the master base station to the secondary base station into Fujishiro’s method for taking measurements for each cell in a secondary cell group. If the connection between the terminal and the secondary base station is disrupted, this is the only way for information from the terminal to reach the secondary node.
Claim(s) 61-62 and 78 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro (US 2016/0219604 A1) in view of Zhou2 (US 2020/0029316 A1) and Toeda (US 2022/0394528 A1) and further in view of Yilmaz et al. (US 2019/0261235 A1, hereinafter “Yilmaz”).
As to Claim 61:
The combination of Fujishiro, Zhou2, and Toeda does not explicitly disclose:
The forwarding of the transmitted information from the master base station to the secondary base station is intended to occur via a backhaul communication link
However, Yilmaz does describe a method for a UE in a dual connectivity configuration to switch secondary cell groups.
Specifically, Yilmaz teaches:
The forwarding of the transmitted information from the master base station to the secondary base station is intended to occur via a backhaul communication link
Yilmaz teaches that “the RRM measurement report related to the mobility within the secondary node(s) may be received by the master node” and then “the master node ... may transfer the NR part of the RRC message including the RRM measurement report, e.g., over the X2* interface, to the secondary node” (Yilmaz, 0047).
Here, the “X2* interface” is an example of a “backhaul communication link”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yilmaz’s practice of forwarding measurements from the master base station to the secondary base station into Fujishiro’s method for taking measurements for each cell in a secondary cell group. If the connection between the terminal and the secondary base station is disrupted, this is the only way for information from the terminal to reach the secondary node.
As to Claim 62:
The combination of Fujishiro, Zhou2, and Toeda does not explicitly disclose:
The forwarding of the transmitted information from the master base station to the secondary base station is intended to occur via an Xn/X2 link as defined in a Long-Term Evolution (LTE) or New Radio (NR) specification
However, Yilmaz does teach:
The forwarding of the transmitted information from the master base station to the secondary base station is intended to occur via an Xn/X2 link as defined in a Long-Term Evolution (LTE) or New Radio (NR) specification
Yilmaz teaches that “the RRM measurement report related to the mobility within the secondary node(s) may be received by the master node” and then “the master node ... may transfer the NR part of the RRC message including the RRM measurement report, e.g., over the X2* interface, to the secondary node” (Yilmaz, 0047).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yilmaz’s practice of forwarding measurements from the master base station to the secondary base station into Fujishiro’s method for taking measurements for each cell in a secondary cell group. If the connection between the terminal and the secondary base station is disrupted, this is the only way for information from the terminal to reach the secondary node.
As to Claim 78:
The combination of Fujishiro, Zhou2, and Toeda does not explicitly disclose:
The transmitted information associated with the performed one or more CQI measurements is intended to be received at the master base station from the UE and then forwarded from the master base station to the secondary base station via a backhaul interface
However, Yilmaz does teach:
The transmitted information associated with the performed one or more CQI measurements is intended to be received at the master base station from the UE and then forwarded from the master base station to the secondary base station via a backhaul interface
Yilmaz teaches that “the RRM measurement report related to the mobility within the secondary node(s) may be received by the master node” and then “the master node ... may transfer the NR part of the RRC message including the RRM measurement report, e.g., over the X2* interface, to the secondary node” (Yilmaz, 0047).
Here, the “X2* interface” corresponds to the claimed “backhaul interface”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yilmaz’s practice of forwarding measurements from the master base station to the secondary base station into Fujishiro’s method for taking measurements for each cell in a secondary cell group. If the connection between the terminal and the secondary base station is disrupted, this is the only way for information from the terminal to reach the secondary node.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang et al. (US 11,546,968 B2, hereinafter “Zhang”) describes taking measurements while a SCG is deactivated in a dual connectivity scenario.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Peter Welte whose telephone number is (703)756-5965. The examiner can normally be reached Monday - Friday, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G Shah can be reached at (571) 272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BENJAMIN PETER WELTE
Examiner
Art Unit 2477
/GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
Prosecution Insights