(DETAILED ACTION
Applicant’s response filed on 07/23/2025 has been entered and made of record.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1-5, 7-11, 13, 15, 17-21, 23-27 and 30 are amended.
Claim 28 is cancelled.
No new claims is/are added.
Claims 1-5, 7-13, 15, 17-27 and 29-30 are currently pending for examination.
Response to Arguments
Applicant’s arguments (remark pages 12-15), filed on 07/23/2025, with respect to claims 1-5, 7-13, 15, 17-27 and 29-30 have been considered but are moot in view of the new ground of rejection below which better address the claimed invention as amended.
This Office Action is made Final.
Claim Objection
Claims 1-4 and 23-26 are objected to because of the following informalities:
Claim 1, last line and claim 23, last line: “one or more thresholds” lack of clarity. Is “one or more thresholds” related to any one of the previously defined “a first threshold” and “a second threshold”, or other additional thresholds?
Claim 2, line 6 and claim 3, line 5: “a first threshold” lack of clarity since there is already “a first threshold” in the independent claim 1.
Claim 4, lines 7-8: “a reception level metric” and line 12: “a quality metric” lack of clarity since there are already “reception level metric” and “quality metric” in the independent claim 1.
Claim 24, lines 5-6 and claim 25, line 4: “a first threshold” lack of clarity since there is already “a first threshold” in the independent claim 23.
Claim 26, lines 5-6: “a reception level metric” and line 10: “a quality metric” lack of clarity since there are already “reception level metric” and “quality metric” in the independent claim 23.
Appropriate correction(s) is/are required.
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1‐5, 7, 9, 11, 13, 15, 17, 19, 21, 23-27 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Comsa et al (US 20160174150 A1), hereinafter “Comsa”, in view of TS38.304.
Per claim 1 and 23:
Regarding claim 1, Comsa ‘An apparatus for wireless communications at a user equipment (UE)’ (Comsa: [Abstract]: “A wireless transmit/receive unit (WTRU) in communication with a wireless network”, where WTRU is UE); ‘operating in an idle or inactive mode’ (Comsa: [0077]: “a NodeB may broadcast a reduced set of SIBs that allow for initial access by a WTRU”, WTRU is in an idle or inactive mode for initial network access); ‘comprising: a processing system that includes processor circuitry’ (Comsa: [FIG. 1B]: “Processor”; [0039]: “The processor 118 may be a general purpose processor, a special purpose processor, a conventional processor, a digital signal processor (DSP), a plurality of microprocessors, one or more microprocessors in association with a DSP core, a controller, a microcontroller, Application Specific Integrated Circuits (ASICs), Field Programmable Gate Array (FPGAs) circuits, any other type of integrated circuit”); ‘memory circuitry’ (Comsa: [FIG.1B]: “Memory”; [0043]: “memory storage device”, memory circuitry); ‘that stores code’ (this is implied); ‘the processing system configured to cause the apparatus to’ (this is implied);
‘receive a control message indicative of a configuration of a plurality of sets of parameters associated with a plurality of operation modes’ (Comsa: [0071]: “a RESOURCE STATUS INDICATION with the “entering energy saving mode” cause set to TRUE”, radio resource control message: TRUE=>energy-saving mode, FALSE => not energy-saving mode (baseline mode); [0073]: “The NodeB may signal that it has entered an energy-saving mode by sending one or more messages to one or more of the WTRUs that it is serving”; [0010]: “one or more energy-saving modes … The base node may also be configured to provide an indication of an energy-saving mode”, a plurality of operation modes: energy-saving mode or not (baseline mode); [0011]: “the base station may broadcast, and in some embodiments may broadcast exclusively, a Master Information Block (MIB) message and System Information Block (SIB) messages that may include cell access information”; [0077]: base station may send parameters such as Qoffset1 and Qoffset2 based on its operation mode; [0094]: “a WTRU may reselect and access the NodeB that is in the energy-saving mode. Access information required for cell reselection may be provided to the WTRU in the source cell”; UE receives a control message indicative of a configuration of a plurality of sets of parameters associated with a plurality of operation modes (energy-saving mode or not (baseline mode));
‘the plurality of sets of parameters comprising at least a first set of parameters associated with an energy saving mode from the plurality of operation modes and a second set of parameters associated with a baseline mode associated from the plurality of operation modes’ (0077]: base station broadcasts reselection parameters such as Qoffset1 and Qoffset2 based on its operation mode (a plurality of sets of parameters associated with energy-saving mode and a plurality of sets of parameters associated with baseline mode));
‘the first set of parameters comprising a first threshold quality metric, a first threshold reception level metric, or both, associated with the energy saving mode, the second set of parameters comprising a second threshold quality metric, a second threshold reception level metric, or both, associated with the baseline mode, the first threshold quality metric different than the second threshold quality metric, and the first threshold reception level metric different than the second threshold reception level metric’ (Comsa: [0077]: base station broadcasts reselection parameters such as Qoffset1 and Qoffset2 based on energy-saving mode or not (baseline mode); would have different Qoffset1 and Qoffset2 value for energy-saving mode and baseline mode). However, Comsa failed to expressly teach Qoffset1 and Qoffset2 are
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‘receive, from a network entity, an indication of an operation mode from among the plurality of operation modes’ (Comsa: [0076]: “NodeB, upon activating an energy-saving mode”, may be in energy-saving mode (activated) or baseline mode (not activated); [0066]: “neighboring cells”, (a plurality of network entities: serving cells and neighboring cells); ([0069]: a flag is broadcasted in the MIB in order to indicate the operating mode of the NodeB, where the mode can be “energy-saving mode” or not (baseline mode). WTRU (UE) receives the indication flag from MIB);
‘calculate a set of values for the network entity based at least in part on selection, by the UE, of a set of one or more parameters, from the plurality of sets of parameters, in accordance with the operation mode indicated by the network entity’ (Comsa: [0103]: “the WTRU may perform a cell reselection procedure to reselect to a cell that is in an energy-saving mode”; [0060]: “information related to cell reselection, cell selection rules”; [0077]: the base station changes the reselection parameters such as Qoffset1 and Qoffset2 while operating in energy saving mode, which is used by the UE to calculate the reselection rules);
‘select the network entity from a plurality of network entities based at least in part on each value of the set of values associated with the network entity being greater than one or more thresholds’ (Comsa: [0073]-[0081]: UE may perform the system reselection based on reselection parameters which depend on the operation mode of NodeB). However, Comsa fails to expressly teach being greater than one or more thresholds.
However, TS38.304 in the same field of endeavor teaches the details of UE calculation of reselection criteria and threshold based on reselection parameters of the serving cell and neighboring cells (the plurality of network entities) and select a cell (a network entity) accordingly (TS38.304: [Page 20-29]: “Cell Reselection evaluation process”, formula for “cell-ranking criterion Rs for serving cell and Rn for neighbouring cells”, “Qoffset”, “Srxlev threshold”; [Page 19]: cell selection criteria “Srxlev > 0”, “Srxlev = Qrxlevmeas – (Qrxlevmin + Qrxlevminoffset )– Pcompensation – Qoffsettemp”); ‘threshold quality metric’ (TS38.304: [Page 19]: “Qqualminoffset”); ‘threshold reception level metric’ (TS38.304: [Page 19]: “Qrxlevminoffset”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching with that of Comsa to select the network entity from a plurality of network entities based at least in part on each value of the set of values associated with the network entity being greater than one or more thresholds; and, the first set of parameters comprising a first threshold quality metric, a first threshold reception level metric, or both, associated with the energy saving mode, the second set of parameters comprising a second threshold quality metric, a second threshold reception level metric, or both, associated with the baseline mode, the first threshold quality metric different than the second threshold quality metric, and the first threshold reception level metric different than the second threshold reception level metric, in order to conform to 3GPP for promotion of collaboration and interoperation.
Regarding claim 23, claim 23 recites the method implemented by the apparatus of claim 1 (see rejection of claim 1 above).
Per claim 2 and 24:
Regarding claim 2, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Combination of Comsa and TS38.304 teaches ‘select the network entity from the plurality of network entities based at least in part on a first value of the set of values associated with the network entity‘ (Comsa: [0073]-[0081]: UE performs the system reselection based on reselection parameters such as Qoffset1 and Qoffset2 which depend on the operation mode of NodeB. TS38.304: [Page 20-29]: “Cell Reselection evaluation process”, UE calculation of reselection criteria based on reselection parameters of the serving cell and neighboring cells (the plurality of network entities) and select a cell (a network entity) accordingly);
‘a second value of the set of values associated with the network entity being greater than a first threshold, wherein the first threshold is associated with a value of zero’ (TS38.304: {Page 19]: cell selection criteria “Srxlev > 0”, Srxlev greater than threshold with value of zero).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching of cell reselection evaluation process with that of Comsa to conform to 3GPP specifications in order to promote collaboration and interoperation.
Regarding claim 24, claim 24 recites the method implemented by the apparatus of claim 2 (see rejection of claim 2 above).
Per claim 3 and 25:
Regarding claim 3, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Comsa does not expressly teach, but TS38.304 teaches ‘select the network entity from the plurality of network entities based at least in part on the set of values for the network entity being within a first threshold’ (TS38.304: {Page 19] cell selection criteria “Srxlev > 0”, “Srxlev = Qrxlevmeas – (Qrxlevmin + Qrxlevminoffset )– Pcompensation – Qoffsettemp”; [Page 20-29]: “Cell Reselection evaluation process”, UE calculation of reselection criteria based on reselection parameters of the serving cell and neighboring cells (the plurality of network entities) and select a cell (a network entity) accordingly));
‘wherein the first threshold is associated with an offset from a largest value of the set of values for each network entity of the plurality of network entities’ (TS38.304: [Page 25]: “the UE shall perform cell reselection to the highest ranked cell”, Ranking criteria “Rn = Qmeas,n -Qoffset – Qoffsettemp”; [Page 19]: “Srxlev = Qrxlevmeas – (Qrxlevmin + Qrxlevminoffset )– Pcompensation – Qoffsettemp”, UE would select the highest ranked cell among all cells satisfied cell selection criteria “Srxlev > 0”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching with that of Comsa to conform to 3GPP specifications in order to promote collaboration and interoperation.
Regarding claim 25, claim 25 recites the method implemented by the apparatus of claim 3 (see rejection of claim 3 above).
Per claim 4 and 26:
Regarding claim 4, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Regarding claim element, ‘calculate a first value of the set of values based at least in part on the received indication and a first subset of the set of one or more parameters, wherein the first value is associated with a reception level metric’, Comsa teaches that Base Station sends reselection parameters such as Qoffset1 and Qoffset2 based on the indication of operation mode is energy saving mode or not (baseline mode), which UE may use to calculate the cell reselection criteria , but fails to expressly teach calculate a first value which is associated with a reception level metric (Comsa: [0069]-[0077]).
Regarding claim element, ‘calculate a second value of the set of values based at least in part on the received indication and a second subset of the set of one or more parameters, wherein the second value is associated with a quality metric’, Comsa teaches that Base Station sends reselection parameters such as Qoffset1 and Qoffset2 based on the indication of operation mode is energy saving mode or not (baseline mode), which UE may use to calculate the cell reselection criteria, but fails to expressly teach calculate a second value which is associated with a quality metric (Comsa: [0069]-[0077]).
TS38.304 teaches that cell reselection evaluation process based on reception level metric and quality metric (TS38.304: [Page 19]: Cell selection criteria “Srxlev > 0 AND Squal > 0”, Srxlev = Qrxlevmeas – (Qrxlevmin + Qrxlevminoffset )– Pcompensation – Qoffsettemp, “Squal = Qqualmeas – (Qqualmin + Qqualminoffset) – Qoffsettemp”,where Srxlev is the reception level metric and Squal is the quality metric; [page 20-29]: “Cell Reselection evaluation process” ”, UE calculates reselection criteria based on reselection parameters of the serving cell and neighboring cells (the plurality of network entities) and select a cell (a network entity) accordingly).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching with that of Comsa to conform to 3GPP specifications in order to promote collaboration and interoperation.
Regarding claim 26, claim 26 recites the method implemented by the apparatus of claim 4 (see rejection of claim 4 above).
Per claim 5 and 27:
Regarding claim 5, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Regarding claim element, ‘calculate a rank value for the network entity based at least in part on the received indication and one or more parameters associated with the operation mode of the network entity’, Comsa teaches that Base Station sends reselection parameters such as Qoffset1 and Qoffset2 based on the indication of operation mode is energy saving mode or not, which UE may use to calculate the cell reselection criteria, but fails to expressly teach calculate a rank value (Comsa: [0069]-[0077]).
TS38.304 teaches that UE calculates a rank value for each serving cell and neighboring cells (plurality of network entities) based on the reselection parameters (TS38.304: [Page 25]: “The cell-ranking criterion Rs for serving cell and Rn for neighbouring cells is defined by: Rs = Qmeas,s +Qhyst – Qoffsettemp Rn = Qmeas,n -Qoffset – Qoffsettemp”, Qoffset (Qoffset1), Qoffsettemp (Qoffset2)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching with that of Comsa to conform to 3GPP specifications in order to promote collaboration and interoperation.
Regarding claim 27, claim 27 recites the method implemented by the apparatus of claim 5 (see rejection of claim 5 above).
Regarding claim 7, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Combination of Comsa and TS38.304 teaches ‘comprises one or more offset values’ (Comsa: [0077]: “Qoffset1 and Qoffset2”. TS38.304: [Page 20]: “Qrxlevminoffset”); ‘a compensation values’ (TS38.304: {Page 20]: “Pcompensation” (compensation value)); ‘a hysteresis value’ (TS38.304: [Page 26]: “Qhyst” (hysteresis value)); ‘one or more cell reselection priority values’ (TS38.304: [Page 25]: “cellReselectionPriority”); ‘or any combination thereof’ (this is optional).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching of reselection parameters with that of Comsa to conform to 3GPP specifications in order to promote collaboration and interoperation.
Regarding claim 9, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Comsa teaches ‘receive a control message comprising the indication of the operation mode from the plurality of operation modes’ (Comsa:[0069]: “a WTRU may detect whether a NodeB is an energy-saving mode by detecting the SIB messages”, where SIB message is control message).
Regarding claim 11, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Comsa teaches ‘receive system information comprising the indication of the operation mode from the plurality of operation modes’ (Comsa:[0069]: a flag is broadcasted in the system information MIB in order to indicate the operating mode of the NodeB, where the mode can be “energy-saving mode” or not (baseline mode). WTRU (UE) would receive the indication flag from system information MIB).
Per claim 13 and 30:
Regarding claim 13, Comsa teaches ‘An apparatus for wireless communications at a first network entity’ (Comsa: [FIG.1]; [0033]: ‘the base station 114a”); ‘comprising: a processing system that includes processor circuitry’ (Comsa: [FIG. 1B]: “Processor”; [0039]: “The processor 118 may be a general purpose processor, a special purpose processor, a conventional processor, a digital signal processor (DSP), a plurality of microprocessors, one or more microprocessors in association with a DSP core, a controller, a microcontroller, Application Specific Integrated Circuits (ASICs), Field Programmable Gate Array (FPGAs) circuits, any other type of integrated circuit”); ‘memory circuitry’ (Comsa: [FIG.1B]: “Memory”; [0043]: “memory storage device”, memory circuitry); ‘that stores code’ (this is implied); ‘the processing system configured to cause the apparatus to’ (this is implied);
‘communicate, via a backhaul communications link’ (Comsa: [FIG.1]: backhaul communication link between “104 RAN” and “106 Core Network”);
‘one or more indications of a plurality of sets of parameters associated with a plurality of operation modes’ (Comsa: [0071]: “a RESOURCE STATUS INDICATION with the “entering energy saving mode” cause set to TRUE”, radio resource control message, TRUE=>energy-saving mode, FALSE => not energy-saving mode (baseline mode); [0066]: “RNC may configure network nodes related to the NodeB (for example, neighboring cells … neighbor lists that include indicators that the NodeB may be in an energy-saving mode; measurement control messages that that include indicators that the NodeB may be in an energy-saving mode (for example, a default Random Access Channel (RACH) or enhanced-RACH (E-RACH) configuration may be utilized for WTRU uplink measurement messages in one or more energy saving modes); access mode parameters; reselection rules that reflect that the NodeB may be in an energy-saving sate; and a reduced set of MIBs and SIBs”; [0011]: “the base station may broadcast, and in some embodiments may broadcast exclusively, a Master Information Block (MIB) message and System Information Block (SIB) messages that may include cell access information”; [0077]: cell reselection parameters such as Qoffset1 and Qoffset2 based on its operation mode (a plurality of sets of parameters));
‘the plurality of operation modes comprising at least an energy saving mode associated with a first set of parameters from the plurality of sets of parameters and a baseline mode associated with a second set of one or more parameters from the plurality of sets of parameters’ (Comsa: [0077]: cell reselection parameters such as Qoffset1 and Qoffset2 based on its operation mode (a plurality of sets of parameters associated with energy-saving mode and a plurality of sets of parameters associated with baseline mode));
‘wherein the plurality of sets of parameters are associated with the first network entity, a second network entity, or both’ (Comsa: [0066]: information of the neighboring nodes (network entities) and cell selection parameters).
‘the first set of parameters comprising a first threshold quality metric, a first threshold reception level metric, or both, associated with the energy saving mode, the second set of parameters comprising a second threshold quality metric, a second threshold reception level metric, or both, associated with the baseline mode, the first threshold quality metric different than the second threshold quality metric, and the first threshold reception level metric different than the second threshold reception level metric’ (Comsa: 0077]: base station broadcasts reselection parameters such as Qoffset1 and Qoffset2 based on energy-saving mode or not (baseline mode); would have different Qoffset1 and Qoffset2 value for energy-saving mode and baseline mode). However, Comsa failed to expressly teach Qoffset1 and Qoffset2 are
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‘transmit, to a user equipment (UE), a control message indicative of a configuration of the plurality of sets of parameters associated with the plurality of operation modes based at least in part on communication of the one or more indications via the backhaul communications link’ (Comsa: [0071]: “a RESOURCE STATUS INDICATION with the “entering energy saving mode” cause set to TRUE”, radio resource control message: TRUE=>energy-saving mode, FALSE => not energy-saving mode (baseline mode); [0094]: “Access information required for cell reselection may be provided to the WTRU in the source cell”; [0102]: “Before the base station enters an energy-saving mode, it may send a message to its RNC to indicate that it is doing so. The RNC may then indicate to the WTRU (via one or more other base stations) which neighboring base stations are in an energy-saving mode”; transmit a radio resource control message indicative of parameters associated with the plurality of operation modes (energy-saving mode or not (baseline mode)) to WTRU via the backhaul communications link to RNC).
However, TS38.304 teaches ‘threshold quality metric’ (TS38.304: [Page 19]: “Qqualminoffset”); ‘threshold reception level metric’ (TS38.304: [Page 19]: “Qrxlevminoffset”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching with that of Comsa to support, the first set of parameters comprising a first threshold quality metric, a first threshold reception level metric, or both, associated with the energy saving mode, the second set of parameters comprising a second threshold quality metric, a second threshold reception level metric, or both, associated with the baseline mode, the first threshold quality metric different than the second threshold quality metric, and the first threshold reception level metric different than the second threshold reception level metric, in order to conform to 3GPP for promotion of collaboration and interoperation.
Regarding claim 30, claim 30 recites the method implemented by the apparatus of claim 13 (see rejection of claim 13 above).
Regarding claim 15, combination of Comsa and TS38.304 teaches the apparatus of claim 13 (discussed above).
Comsa teaches ‘transmit an indication of an operation mode from the plurality of operation modes, wherein the operation mode is associated with the first network entity’ (Comsa: [0069]: base station broadcasts a flag in the MIB to indicate its operation mode; [0066]: RNC communicates the indication of operation mode, such as “energy-saving mode” or not (baseline mode), information of the neighboring nodes (network entities) and selection parameters).
Regarding claim 17, combination of Comsa and TS38.304 teaches the apparatus of claim 13 (discussed above).
Combination of Comsa and TS38.304 teaches ‘wherein each set of parameters, from the plurality of sets of parameters, associated with each operation mode from the plurality of operation modes’ (Comsa: [0069-[0077]: base station sends reselection parameters such as Qoffset1 and Qoffset2 based on its operation mode, which UE can use to calculate the reselection criteria);
‘comprises one or more offset values’ (Comsa: [0077]: “Qoffset1 and Qoffset2”. TS38.304: [Page 20]: “Qrxlevminoffset” (Qoffset)); ‘a compensation values’ (TS38.304: {Page 20]: “Pcompensation” (compensation value)); ‘a hysteresis value’ (TS38.304: [Page 26]: “Qhyst” (hysteresis value)); ‘one or more cell reselection priority values’ (TS38.304: [Page 25]: “cellReselectionPriority”); ‘or any combination thereof’ (this is optional).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TS38.304’s teaching of reselection parameters with that of Comsa to conform to 3GPP specifications in order to promote collaboration and interoperation.
Regarding claim 19, combination of Comsa and TS38.304 teaches the apparatus of claim 15 (discussed above).
Comsa teaches ‘transmit a control message comprising the indication of the operation mode from the plurality of operation modes’ (Comsa:[0069]: “a WTRU may detect whether a NodeB is an energy-saving mode by detecting the SIB messages”, where SIB message is control message transmitted by base station).
Regarding claim 21, combination of Comsa and TS38.304 teaches the apparatus of claim 15 (discussed above).
Comsa teaches ‘transmit system information comprising the indication of the operation mode from the plurality of operation modes’ (Comsa:[0069]: base station broadcasts a flag in the system information MIB to indicate the operation mode of the NodeB, where the mode can be “energy-saving mode” or not (baseline mode)).
Claims 8, 12 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over combination of Comsa and TS38.304 as applied to claim 1 above, further in view of Mackenzie et al. (US 20200351770 A1), hereinafter “Mackenzie”.
Regarding claim 8, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Comsa teaches ‘receive the indication of the operation mode from the plurality of operation modes’ (Comsa:[0069]: a flag is broadcasted in the MIB in order to indicate the operating mode of the NodeB, where the mode can be “energy-saving mode” or not (baseline mode). WTRU (UE) would receive the indication flag from MIB while accessing the NodeB).
Combination of Comsa and TS38.304 does not expressly teach ‘at a first frequency or a second frequency, wherein the first frequency is associated with the energy saving mode and the second frequency is associated with the baseline mode, and wherein selecting the network entity from the plurality of network entities is based at least in part on reception of the indication at the first frequency or the second frequency’.
However, Mackenzie in the same field of endeavor teaches that heterogeneous network with coverage cell (Frequency 1) and capacity small cell (Frequency 2), where coverage cell is on normal mode (baseline mode) to provide basic service about a large coverage area, but capacity small cell can enter energy saving mode when demand is low (Mackenzie: [Abstract]: “the base station having normal, compensation and energy saving modes of operation”; [0004]: within a heterogeneous network, “The coverage base station provides basic service about a large coverage area … the capacity base stations enter energy saving mode when demand is low”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mackenzie’s teaching with that of combination of Comsa and TS38.304 to include the coverage frequency and capacity frequency to indicate that coverage frequency is in baseline mode and the capacity frequency is in energy saving mode in order to achieve energy saving for heterogeneous network when demand is low (see reference quotes in element above).
Per claim 12 and 29:
Regarding claim 12, combination of Comsa and TS38.304 teaches the apparatus of claim 1 (discussed above).
Combination of Comsa and TS38.304 does not expressly teach, but Mackenzie teaches ‘wherein the plurality of operation modes comprises a compensation mode’ (Mackenzie: [Abstract]: “the base station having normal, compensation and energy saving modes of operation”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mackenzie’s teaching with that of combination of Comsa and TS38.304 to support compensation mode in order to handle the problem of coverage hole due to capacity base stations enter energy saving mode (Mackenzie: [0005]: “This specification discusses the problem of coverage holes being created when capacity base stations enter energy saving mode. Accordingly, base stations are also able to enter “compensation” mode, in which the base station serves one or more UEs previously served by the base station that has entered energy saving mode”).
Regarding claim 29, claim 29 recites the method implemented by the apparatus of claim 12 (see rejection of claim 12 above).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Comsa and TS38.304 as applied to claim 9 above, further in view of Ganapathy et al. (US 20140341101 A1), hereinafter “Ganapathy”.
Regarding claim 10, combination of Comsa and TS38.304 teaches the apparatus of claim 9 (discussed above).
Regarding claim element, ‘receive an indication of a timer associated with each operation mode from the plurality of operation modes, wherein the indication of the operation mode is based at least in part on the timers associated with the plurality of operation modes’, Comsa teaches UE would receive an indication of the operation mode such as energy saving mode or not (baseline mode) from base station, but combination of Comsa and TS38.304 fails to expressly teach a timer associated with operation mode (Comsa: [0069]).
However, Ganapathy in the same field of endeavor teaches an energy saving mode timer (Ganapathy: [0019]: “an energy saving operating mode timer”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ganapathy’s teaching with that of combination of Comsa and TS38.304 to include a timer associated with energy saving mode in the indication in order for UE to detect the time during which the base station is going to stay in energy saving mode (Ganapathy: [0056]: “the time during which the first home base station is going to stay in the energy saving mode”).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Comsa and TS38.304 as applied to claim 15 above, further in view of Mackenzie.
Regarding claim 18, combination of Comsa and TS38.304 teaches the apparatus of claim 15 (discussed above).
Comsa teaches ‘transmit the indication of the operation mode from the plurality of operation modes’ (Comsa: [0069]: Base station broadcasts a flag in the MIB to indicate the operation mode such as “energy saving mode” or not (baseline mode));
Combination of Comsa and TS38.304 does not expressly teach ‘a first frequency or a second frequency, wherein the first frequency is associated with the energy saving mode and the second frequency is associated with the baseline mode’.
However, Mackenzie in the same field of endeavor teaches that heterogeneous network with coverage cell (Frequency 1) and capacity small cell (Frequency 2), where coverage cell is on normal mode (baseline mode) to provide basic service about a large coverage area, but capacity small cell can enter energy saving mode when demand is low (Mackenzie: [Abstract]: “the base station having normal, compensation and energy saving modes of operation”; [0004]: within a heterogeneous network, “The coverage base station provides basic service about a large coverage area … the capacity base stations enter energy saving mode when demand is low”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mackenzie’s teaching with that of combination of Comsa and TS38.304 to support compensation mode in order to handle the problem of coverage hole due to capacity base stations enter energy saving mode (Mackenzie: [0005]: “This specification discusses the problem of coverage holes being created when capacity base stations enter energy saving mode. Accordingly, base stations are also able to enter “compensation” mode, in which the base station serves one or more UEs previously served by the base station that has entered energy saving mode”).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Comsa and TS38.304 as applied to claim 15 above, further in view of Ganapathy.
Regarding claim 20, combination of Comsa and TS38.304 teaches the apparatus of claim 15 (discussed above).
Regarding claim element, ‘transmit an indication of a timer associated with each operation mode from the plurality of operation modes, wherein the indication of the operation mode is based at least in part on the timers associated with the plurality of operation modes’, Comsa teaches that base station may broadcast an indication of the operation mode such as energy saving mode or not (baseline mode), but combination of Comsa and TS38.304 fails to expressly teach a timer associated with operation mode (Comsa: [0069]).
However, Ganapathy in the same field of endeavor teaches an energy saving mode timer (Ganapathy: [0019]: “an energy saving operating mode timer”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ganapathy’s teaching with that of combination of Comsa and TS38.304 in order for base station to include a timer associated with energy saving mode to indicate the time during which it is going to stay in energy saving mode (Ganapathy: [0056]: “the time during which the first home base station is going to stay in the energy saving mode”).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over combination of Comsa and TS38.304 as applied to claim 13 above, further in view of Mackenzie.
Regarding claim 22, combination of Comsa and TS38.304 teaches the apparatus of claim 13 (discussed above).
Combination of Comsa and TS38.304 does not expressly teach, but Mackenzie teaches ‘wherein the plurality of operation modes comprises a compensation mode’ (Mackenzie: [Abstract]: “the base station having normal, compensation and energy saving modes of operation”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mackenzie’s teaching with that of combination of Comsa and TS38.304 to support a compensation mode in order to handle the problem of coverage hole due to capacity base stations enter energy saving mode (Mackenzie: [0005]: “This specification discusses the problem of coverage holes being created when capacity base stations enter energy saving mode. Accordingly, base stations are also able to enter “compensation” mode, in which the base station serves one or more UEs previously served by the base station that has entered energy saving mode”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/G.F./Examiner, Art Unit 2462
/YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462