DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
This Action is in response to Applicant’s Request for Continued Examination
(RCE) filed on April 8, 2026. Claims 1-30 are now pending in the present application.
Continued Examination Under 37 CFR 1.114
3. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 3, 2026 has been entered.
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 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 1-6, 10, 12-16, 18-24, and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over TAO et al. (US 20210377828 A1), hereinafter TAO in view of Ohlsson et al. (US 20230108496 A1), hereinafter Ohlsson.
Regarding claim 1, TAO discloses an apparatus for wireless communication at a user equipment (UE) (Fig. 3: UE), comprising:
one or more memories (not shown but inherent in all UEs such as the one disclosed); and
one or more processors (not shown but inherent in all UEs such as the one disclosed), coupled to the one or more memories, configured to:
receive information indicating a condition for a conditional handover, and that the UE is to communicate on a source cell after transmitting a message on a target cell, associated with the conditional handover, and before receiving an additional message on the target cell; ([0201], [0221] “the UE continuing to communicate with the serving gNB, even after participating in the (conditional) handover and even after starting the random-access procedure with the target cell. […] the UE receives the handover command and initiates the random-access procedure to connect to the target gNB but still continues with the DL/UL transmissions with the serving gNB”);
and transmit the message on the target cell responsive to the condition for the conditional handover being satisfied, ((FIG. 16), [0221], [0252] - [0257], [0253] “the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. [0255] […] the UE communicates with the serving base station, during the DRX active time periods, while communicating with the target gNB during the DRX off periods. This includes transmitting messages 1 and 3 of the random-access procedure to the neighbor gNB during the DRX off periods, while receiving messages 2 and 4 of the random-access procedure from the neighbor gNB during the DRX off periods. Thus, it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure performed between the UE and the target gNB”).
However, TAO does not disclose an explicit indication that the UE is to communicate on a source cell after transmitting a message.
In the same field of endeavor, Ohlsson discloses receiving information indicating an explicit indication that the UE is to communicate on a source cell after transmitting a message,([0142] “Receiving a handover command from the first target node instructing the UE to perform a handover to a second target node, wherein the handover command is received after the connection to the first target node has been established but before the source connection has been released […] the handover command includes an explicit indication to the UE to keep the source and first target cell connections”, [0031] 306. Upon reception of the handover command with indication of a DAPS handover, the UE starts synchronizing to the target cell. Unlike in normal handover, the UE keeps the connection in the source cell and continues to exchange UL/DL data with the source gNB even after it has received the handover command”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] to include the explicit indication, disclosed by Ohlsson. One of ordinary skill in the art would have been motivated to make this modification to ensure the UE maintains connection with both the source and the first target cells, and continues exchanging UL/DL data even after it has received the handover command, Ohlsson, ([0142], [0031]).
Regarding claim 2, as applied to claim 1 above, TAO as modified by Ohlsson further discloses wherein the one or more processors are further configured to: communicate on the source cell, in accordance with the indication, after transmitting the message on the target cell and before receiving the additional message on the target cell, ((FIG. 16), [0252] - [0257], [0253] “it is assumed that the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. This parallel operation is illustrated in FIG. 16 as respective boxes, which then include arrows to indicate specific messages exchanged between the entities. [0254] […] So as to keep FIG. 16 clear, the DRX off time periods and DRX active time periods are only illustrated for the parallel communication of the UE with the serving gNB and the target gNB, although it should be understood that the DRX function is also followed before by the UE and the serving gNB when communicating with each other. [0255] […] it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure performed between the UE and the target gNB”).
Regarding claim 3, as applied to claim 2 above, TAO as modified by Ohlsson further discloses wherein the one or more processors, to communicate on the source cell, are configured to: communicate on the source cell during at least a portion of a round-trip time, between the UE and a network node associated with the target cell, from the message on the target cell being transmitted, ((FIG. 16), [0252] - [0257], [0253] “the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. This parallel operation is illustrated in FIG. 16 as respective boxes, which then include arrows to indicate specific messages exchanged between the entities. [0254] […] So as to keep FIG. 16 clear, the DRX off time periods and DRX active time periods are only illustrated for the parallel communication of the UE with the serving gNB and the target gNB, although it should be understood that the DRX function is also followed before by the UE and the serving gNB when communicating with each other. [0255] […] the UE communicates with the serving base station, during the DRX active time periods, while communicating with the target gNB during the DRX off periods. This includes transmitting messages 1 and 3 of the random-access procedure to the neighbor gNB during the DRX off periods, while receiving messages 2 and 4 of the random-access procedure from the neighbor gNB during the DRX off periods. Thus, it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure performed between the UE and the target gNB”).
Regarding claim 4, as applied to claim 1 above, TAO as modified by Ohlsson further discloses wherein the indication indicates an additional condition for communicating on the source cell, ([0150] “The trigger events, particularly the conditions for the trigger events, can be handover related, e.g., in that the report trigger condition is fulfilled when a handover of the UE from its current serving radio cell to another radio cell could be decided by the serving gNB (for instance, Event A2: “Serving becomes worse than threshold”).
Regarding claim 5, as applied to claim 4 above, TAO as modified by Ohlsson further discloses wherein the additional condition relates to one or more of: a round-trip time between the UE and a network node associated with the target cell, a type of a satellite used for communicating on the target cell, a configuration of the UE, a measurement performed by the UE, or the condition for the conditional handover, ([0150], [0201] “an improved conditional handover procedure will be described with reference to FIG. 10-12 that can be employed instead by the gNBs and the UE. Conditional handovers in general shift the final decision as to whether to perform the handover from the serving gNB to the UE. This is achieved, e.g., by additionally providing a condition to the UE (e.g., with the handover command message), which the UE can use to determine whether and when to execute the instructed handover”).
Regarding claim 6, as applied to claim 1 above, TAO as modified by Ohlsson further discloses wherein the indication is based at least in part on one or more of: a type of a satellite used for communicating on the target cell, ephemeris information associated with the satellite, a reported location of the UE, or information relating to traffic and quality of service (QoS) requirements at the UE, ([0208] “A still further additional or alternative criterion for deciding to make the handover conditional is based on positions of the satellite and/or the UE. For instance, even if the serving gNB would, from the measurement report, decide that there is no need for a conditional handover, the gNB can still trigger the conditional handover if the satellite position and/or the UE position indicate that the UE is located close to the cell edge”).
Regarding claim 10, as applied to claim 1 above, TAO as modified by Ohlsson further discloses wherein the message is a first message of a random-access procedure, a third message of the random-access procedure, or a radio resource control reconfiguration completion message, ([0214] “in case there is no UL traffic, the handover reject information can be transmitted as part of a RRC (Radio Resource Control protocol) message, such as the RRCReconficuationComplete message or another, possibly new, RRC message. In addition, or alternatively, the handover reject information may be implicitly provided to the serving gNB, by, e.g., transmitting a measurement report to the serving gNB, in reply to the conditional handover command message; and wherein the additional message is a second message of the random-access procedure, a fourth message of the random-access procedure, or a downlink communication, ([0287] “the UE performs a handover from its current serving radio cell to another radio cell, wherein performing the handover includes performing by the UE a random-access procedure with the other radio cell. The UE, after starting performing the handover to the other radio cell, continues communicating with the serving radio base station in the uplink and/or downlink, during communication time periods of a discontinued reception, DRX, function operated by the UE for communication with the serving base station. The UE transmits messages of the random-access procedure during sleep time periods of a discontinued reception, […] the UE receives messages of the random-access procedure during the sleep time periods of the DRX function”).
Regarding claim 12, as applied to claim 1 above, TAO as modified by Ohlsson further discloses, wherein the target cell is associated with a non- terrestrial network, ([0179] “an offset (here exemplary NTN-serving-offset) is defined for the trigger condition part referring to the serving cell and another offset (here exemplary NTN-neighbor-offset) is defined for the trigger condition part referring to the neighbor cell. Consequently, when determining the same trigger condition with respect to the serving cell and other neighboring cells, the same NTN-serving-offset and the same NTN-neighbor-offset can be used again”).
Regarding claim 13, TAO discloses an apparatus for wireless communication at a network node (Fig. 3: gNB), comprising: one or more memories (not shown but inherent in all gNB such as the one disclosed); and one or more processors (not shown but inherent in all gNB such as the one disclosed), coupled to the one or more memories, configured to:
generate information indicating a condition for a conditional handover, and that a user equipment (UE) is to communicate on a source cell after transmitting a message on a target cell, associated with the conditional handover, and before receiving an additional message on the target cell, ([0201], [0221] “the UE continuing to communicate with the serving gNB, even after participating in the (conditional) handover and even after starting the random-access procedure with the target cell. […] the UE receives the handover command and initiates the random-access procedure to connect to the target gNB but still continues with the DL/UL transmissions with the serving gNB”);
and transmit the information indicating the condition for the conditional handover, and the indication that the UE is to communicate on the source cell after transmitting the message on the target cell, associated with the conditional handover, and before receiving the additional message on the target cell, ((FIG. 16), [0221], [0252] - [0257], [0253] “the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. [0255] […] the UE communicates with the serving base station, during the DRX active time periods, while communicating with the target gNB during the DRX off periods. This includes transmitting messages 1 and 3 of the random-access procedure to the neighbor gNB during the DRX off periods, while receiving messages 2 and 4 of the random-access procedure from the neighbor gNB during the DRX off periods. Thus, it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure performed between the UE and the target gNB”).
However, TAO does not disclose an explicit indication that a user equipment (UE) is to communicate on a source cell after transmitting a message.
In the same field of endeavor, Ohlsson discloses receiving information indicating an explicit indication that a user equipment (UE) is to communicate on a source cell after transmitting a message,([0142] “Receiving a handover command from the first target node instructing the UE to perform a handover to a second target node, wherein the handover command is received after the connection to the first target node has been established but before the source connection has been released […] the handover command includes an explicit indication to the UE to keep the source and first target cell connections”, [0031] 306. Upon reception of the handover command with indication of a DAPS handover, the UE starts synchronizing to the target cell. Unlike in normal handover, the UE keeps the connection in the source cell and continues to exchange UL/DL data with the source gNB even after it has received the handover command”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] to include the explicit indication, disclosed by Ohlsson. One of ordinary skill in the art would have been motivated to make this modification to ensure the UE maintains connection with both the source and the first target cells, and continues exchanging UL/DL data even after it has received the handover command, Ohlsson, ([0142], [0031]).
Regarding claim 14, as applied to claim 13 above, TAO as modified by Ohlsson further discloses, wherein the indication indicates an additional condition for communicating on the source cell, ([0150] “The trigger events, particularly the conditions for the trigger events, can be handover related, e.g., in that the report trigger condition is fulfilled when a handover of the UE from its current serving radio cell to another radio cell could be decided by the serving gNB (for instance, Event A2: “Serving becomes worse than threshold […]”).
Regarding claim 15, as applied to claim 14 above, TAO as modified by Ohlsson further discloses, wherein the additional condition relates to one or more of: a round-trip time between the UE and a network node associated with the target cell, a type of a satellite used for communicating on the target cell, a configuration of the UE, a measurement performed by the UE, or the condition for the conditional handover, ([0150], [0201] “an improved conditional handover procedure will be described with reference to FIG. 10-12 that can be employed instead by the gNBs and the UE. Conditional handovers in general shift the final decision as to whether to perform the handover from the serving gNB to the UE. This is achieved, e.g., by additionally providing a condition to the UE (e.g., with the handover command message), which the UE can use to determine whether and when to execute the instructed handover”).
Regarding claim 16, as applied to claim 13 above, TAO as modified by Ohlsson further discloses, wherein the indication is based at least in part on one or more of: a type of a satellite used for communicating on the target cell, ephemeris information associated with the satellite, a reported location of the UE, or information relating to traffic and quality of service (QoS) requirements at the UE, ([0208] “A still further additional or alternative criterion for deciding to make the handover conditional is based on positions of the satellite and/or the UE. For instance, even if the serving gNB would, from the measurement report, decide that there is no need for a conditional handover, the gNB can still trigger the conditional handover if the satellite position and/or the UE position indicate that the UE is located close to the cell edge”).
Regarding claim 18, as applied to claim 13 above, TAO as modified by Ohlsson further discloses, wherein the message is a first message of a random-access procedure, a third message of the random-access procedure, or a radio resource control reconfiguration completion message, ([0214] “in case there is no UL traffic, the handover reject information can be transmitted as part of a RRC (Radio Resource Control protocol) message, such as the RRCReconficuationComplete message or another, possibly new, RRC message. In addition, or alternatively, the handover reject information may be implicitly provided to the serving gNB, by, e.g., transmitting a measurement report to the serving gNB, in reply to the conditional handover command message”); and wherein the additional message is a second message of the random-access procedure, a fourth message of the random-access procedure, or a downlink communication, ([0287] “the UE performs a handover from its current serving radio cell to another radio cell, wherein performing the handover includes performing by the UE a random-access procedure with the other radio cell. The UE, after starting performing the handover to the other radio cell, continues communicating with the serving radio base station in the uplink and/or downlink, during communication time periods of a discontinued reception, DRX, function operated by the UE for communication with the serving base station. The UE transmits messages of the random-access procedure during sleep time periods of a discontinued reception, […] the UE receives messages of the random-access procedure during the sleep time periods of the DRX function”).
Regarding claim 19, as applied to claim 13 above, TAO as modified by Ohlsson further discloses, wherein the target cell is associated with a non- terrestrial network, ([0179] “an offset (here exemplary NTN-serving-offset) is defined for the trigger condition part referring to the serving cell and another offset (here exemplary NTN-neighbor-offset) is defined for the trigger condition part referring to the neighbor cell. Consequently, when determining the same trigger condition with respect to the serving cell and other neighboring cells, the same NTN-serving-offset and the same NTN-neighbor-offset can be used again”).
Regarding claim 20, TAO discloses, a method of wireless communication performed by an apparatus of a user equipment (UE), comprising:
receiving information indicating a condition for a conditional handover, and that the UE is to communicate on a source cell after transmitting a message on a target cell, associated with the conditional handover, and before receiving an additional message on the target cell, ([0201], [0221] “the UE continuing to communicate with the serving gNB, even after participating in the (conditional) handover and even after starting the random-access procedure with the target cell. […] the UE receives the handover command and initiates the random-access procedure to connect to the target gNB but still continues with the DL/UL transmissions with the serving gNB”);
and transmitting the message on the target cell responsive to the condition for the conditional handover being satisfied, ((FIG. 16), [0221], [0252] - [0257], [0253] “the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. [0255] […] the UE communicates with the serving base station, during the DRX active time periods, while communicating with the target gNB during the DRX off periods. This includes transmitting messages 1 and 3 of the random-access procedure to the neighbor gNB during the DRX off periods, while receiving messages 2 and 4 of the random-access procedure from the neighbor gNB during the DRX off periods. Thus, it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure performed between the UE and the target gNB”).
However, TAO does not disclose an explicit indication that the UE is to communicate on a source cell after transmitting a message.
In the same field of endeavor, Ohlsson discloses receiving information indicating an explicit indication that the UE is to communicate on a source cell after transmitting a message,([0142] “Receiving a handover command from the first target node instructing the UE to perform a handover to a second target node, wherein the handover command is received after the connection to the first target node has been established but before the source connection has been released […] the handover command includes an explicit indication to the UE to keep the source and first target cell connections”, [0031] 306. Upon reception of the handover command with indication of a DAPS handover, the UE starts synchronizing to the target cell. Unlike in normal handover, the UE keeps the connection in the source cell and continues to exchange UL/DL data with the source gNB even after it has received the handover command”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] to include the explicit indication, disclosed by Ohlsson. One of ordinary skill in the art would have been motivated to make this modification to ensure the UE maintains connection with both the source and the first target cells, and continues exchanging UL/DL data even after it has received the handover command, Ohlsson, ([0142], [0031]).
Regarding claim 21, as applied to claim 20 above, TAO as modified by Ohlsson further discloses, further comprising: communicating on the source cell, in accordance with the indication, after transmitting the message on the target cell and before receiving the additional message on the target cell, ((FIG. 16), [0252] - [0257], [0253] “it is assumed that the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. This parallel operation is illustrated in FIG. 16 as respective boxes, which then include arrows to indicate specific messages exchanged between the entities. [0254] […] So as to keep FIG. 16 clear, the DRX off time periods and DRX active time periods are only illustrated for the parallel communication of the UE with the serving gNB and the target gNB, although it should be understood that the DRX function is also followed before by the UE and the serving gNB when communicating with each other. [0255] […] it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure
performed between the UE and the target gNB”).
Regarding claim 22, as applied to claim 21 above, TAO as modified by Ohlsson further discloses, wherein communicating on the source cell is during at least a portion of a round-trip time, between the UE and a network node associated with the target cell, from the message on the target cell being transmitted, (FIG. 16), [0252] - [0257], [0253] “the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. This parallel operation is illustrated in FIG. 16 as respective boxes, which then include arrows to indicate specific messages exchanged between the entities. [0254] […] So as to keep FIG. 16 clear, the DRX off time periods and DRX active time periods are only illustrated for the parallel communication of the UE with the serving gNB and the target gNB, although it should be understood that the DRX function is also followed before by the UE and the serving gNB when communicating with each other. [0255] […] the UE communicates with the serving base station, during the DRX active time periods, while communicating with the target gNB during the DRX off periods. This includes transmitting messages 1 and 3 of the random-access procedure to the neighbor gNB during the DRX off periods, while receiving messages 2 and 4 of the random-access procedure from the neighbor gNB during the DRX off periods. Thus, it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure performed between the UE and the target gNB”).
Regarding claim 23, as applied to claim 20 above, TAO as modified by Ohlsson further discloses, wherein the indication indicates an additional condition for communicating on the source cell, [0150] “The trigger events, particularly the conditions for the trigger events, can be handover related, e.g., in that the report trigger condition is fulfilled when a handover of the UE from its current serving radio cell to another radio cell could be decided by the serving gNB (for instance, Event A2: “Serving becomes worse than threshold […]”).
Regarding claim 24, as applied to claim 20 above, TAO as modified by Ohlsson further discloses, wherein the indication is based at least in part on one or more of: a type of a satellite used for communicating on the target cell, ephemeris information associated with the satellite, a reported location of the UE, or information relating to traffic and quality of service (QoS) requirements at the UE, ([0208] “A still further additional or alternative criterion for deciding to make the handover conditional is based on positions of the satellite and/or the UE. For instance, even if the serving gNB would, from the measurement report, decide that there is no need for a conditional handover, the gNB can still trigger the conditional handover if the satellite position and/or the UE position indicate that the UE is located close to the cell edge”).
Regarding claim 27, as applied to claim 20 above, TAO as modified by Ohlsson further discloses, wherein the message is a first message of a random-access procedure, a third message of the random-access procedure, or a radio resource control reconfiguration completion message, ([0214] “in case there is no UL traffic, the handover reject information can be transmitted as part of a RRC (Radio Resource Control protocol) message, such as the RRCReconficuationComplete message or another, possibly new, RRC message. In addition, or alternatively, the handover reject information may be implicitly provided to the serving gNB, by, e.g., transmitting a measurement report to the serving gNB, in reply”); and wherein the additional message is a second message of the random-access procedure, a fourth message of the random-access procedure, or a downlink communication ([0287] “the UE performs a handover from its current serving radio cell to another radio cell, wherein performing the handover includes performing by the UE a random-access procedure with the other radio cell. The UE, after starting performing the handover to the other radio cell, continues communicating with the serving radio base station in the uplink and/or downlink, during communication time periods of a discontinued reception, DRX, function operated by the UE for communication with the serving base station. The UE transmits messages of the random-access procedure during sleep time periods of a discontinued reception, […] the UE receives messages of the random-access procedure during the sleep time periods of the DRX function”).
Regarding claim 28, TAO discloses a method of wireless communication performed by an apparatus of a network node, comprising:
generating information indicating a condition for a conditional handover, and that a user equipment (UE) is to communicate on a source cell after transmitting a message on a target cell, associated with the conditional handover, and before receiving an additional message on the target cell, ([0201], [0221] “the UE continuing to communicate with the serving gNB, even after participating in the (conditional) handover and even after starting the random-access procedure with the target cell. […] the UE receives the handover command and initiates the random-access procedure to connect to the target gNB but still continues with the DL/UL transmissions with the serving gNB”);
and transmitting the information indicating the condition for the conditional handover, and the indication that the UE is to communicate on the source cell after transmitting the message on the target cell, associated with the conditional handover, and before receiving the additional message on the target cell, ((FIG. 16), [0221], [0252] - [0257], [0253] “the UE, after receiving the (conditional) handover command, starts connecting to the target gNB, which is done by performing the random-access procedure between the UE and the target neighbor gNB. In parallel, the UE is supposed to continue communicating with the serving gNB. [0255] […] the UE communicates with the serving base station, during the DRX active time periods, while communicating with the target gNB during the DRX off periods. This includes transmitting messages 1 and 3 of the random-access procedure to the neighbor gNB during the DRX off periods, while receiving messages 2 and 4 of the random-access procedure from the neighbor gNB during the DRX off periods. Thus, it is possible that the serving gNB and the UE still continue with the DL/UL transmissions without colliding with the random-access procedure performed between the UE and the target gNB”).
However, TAO does not disclose an explicit indication that a user equipment
(UE) is to communicate on a source cell after transmitting a message.
In the same field of endeavor, Ohlsson discloses receiving information indicating an explicit indication that a user equipment (UE) is to communicate on a source cell after transmitting a message, ([0142] “Receiving a handover command from the first target node instructing the UE to perform a handover to a second target node, wherein the handover command is received after the connection to the first target node has been established but before the source connection has been released […] the handover command includes an explicit indication to the UE to keep the source and first target cell connections”, [0031] 306. Upon reception of the handover command with indication of a DAPS handover, the UE starts synchronizing to the target cell. Unlike in normal handover, the UE keeps the connection in the source cell and continues to exchange UL/DL data with the source gNB even after it has received the handover command”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] to include the explicit indication, disclosed by Ohlsson. One of ordinary skill in the art would have been motivated to make this modification to ensure the UE maintains connection with both the source and the first target cells, and continues exchanging UL/DL data even after it has received the handover command, Ohlsson, ([0142], [0031]).
Regarding claim 29, as applied to claim 28 above, TAO as modified by Ohlsson further discloses, wherein the indication indicates an additional condition for communicating on the source cell, ([0150] “The trigger events, particularly the conditions for the trigger events, can be handover related, e.g., in that the report trigger condition is fulfilled when a handover of the UE from its current serving radio cell to another radio cell could be decided by the serving gNB (for instance, Event A2: “Serving becomes worse than threshold […]”).
Regarding claim 30, as applied to claim 28 above, TAO as modified by Ohlsson further discloses, wherein the message is a first message of a random-access procedure, a third message of the random-access procedure, or a radio resource control reconfiguration completion message, ( [0214] in case there is no UL traffic, the handover reject information can be transmitted as part of a RRC (Radio Resource Control protocol) message, such as the RRCReconficuationComplete message or another, possibly new, RRC message. In addition, or alternatively, the handover reject information may be implicitly provided to the serving gNB, by, e.g., transmitting a measurement report to the serving gNB, in reply to the conditional handover command message”); and wherein the additional message is a second message of the random-access procedure, a fourth message of the random-access procedure, or a downlink communication, ([0287] “the UE performs a handover from its current serving radio cell to another radio cell, wherein performing the handover includes performing by the UE a random-access procedure with the other radio cell. The UE, after starting performing the handover to the other radio cell, continues communicating with the serving radio base station in the uplink and/or downlink, during communication time periods of a discontinued reception, DRX, function operated by the UE for communication with the serving base station. The UE transmits messages of the random-access procedure during sleep time periods of a discontinued reception, […] the UE receives messages of the random-access procedure during the sleep time periods of the DRX function”).
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 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 7, 17, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over TAO et al. (US 20210377828 A1), hereinafter TAO, in view of Ohlsson et al. (US 20230108496 A1), hereinafter Ohlsson, further in view of PARK et al. (US 20230133633 A1), hereinafter PARK.
Regarding claim 7, as applied to claim 1 above, TAO as modified by Ohlsson does not disclose wherein the indication is one of multiple indications, and wherein each of the multiple indications is associated with at least one of a respective candidate target cell or a respective conditional handover event.
In the same field of endeavor, PARK discloses wherein the indication is one of multiple indications, and wherein each of the multiple indications is associated with at least one of a respective candidate target cell or a respective conditional handover event, ([0094]- [0095], [0088], [0142] “[…] the reference time associated with the satellite ephemeris information for the candidate target non-terrestrial cell is indicated in the handover command. [0157] […] the satellite ephemeris information includes an indication of a satellite ephemeris in at least one of a position-velocity-time format or a Keplerian format”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] as modified by Ohlsson to include the candidate target non-terrestrial cell, disclosed by PARK. One of ordinary skill in the art would have been motivated to make this modification in order to indicate, in the handover command, the reference time associated with the satellite ephemeris, PARK, ([0094]- [0095], [0088], [0142]).
Regarding claim 17, as applied to claim 13 above, TAO as modified by Ohlsson does not disclose wherein the indication is one of multiple indications, and wherein each of the multiple indications is associated with at least one of a respective candidate target cell or a respective conditional handover event.
In the same field of endeavor, PARK discloses wherein the indication is one of
multiple indications, and wherein each of the multiple indications is associated with at least one of a respective candidate target cell or a respective conditional handover event, ([0094]- [0095], [0088], [0142] “[…] the reference time associated with the satellite ephemeris information for the candidate target non-terrestrial cell is indicated in the handover command. [0157] […] the satellite ephemeris information includes an indication of a satellite ephemeris in at least one of a position-velocity-time format or a Keplerian format”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] as modified by Ohlsson to include the candidate target non-terrestrial cell, disclosed by PARK. One of ordinary skill in the art would have been motivated to make this modification in order to indicate, in the handover command, the reference time associated with the satellite ephemeris, PARK, [0094]- [0095], [0088], [0142]).
Regarding claim 25, as applied to claim 20 above, TAO as modified by Ohlsson does not disclose wherein the indication is one of multiple indications, and wherein each of the multiple indications is associated with at least one of a respective
candidate target cell or a respective conditional handover event.
In the same field of endeavor, PARK discloses wherein the indication is one of multiple indications, and wherein each of the multiple indications is associated with at least one of a respective candidate target cell or a respective conditional handover event, ([0094]- [0095], [0088], [0142] “[…] the reference time associated with the satellite ephemeris information for the candidate target non-terrestrial cell is indicated in the handover command. [0157] […] the satellite ephemeris information includes an indication of a satellite ephemeris in at least one of a position-velocity-time format or a Keplerian format”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] as modified by Ohlsson to include the candidate target non-terrestrial cell, disclosed by PARK. One of ordinary skill in the art would have been motivated to make this modification in order to indicate, in the handover command, the reference time associated with the satellite ephemeris, PARK, [0094]- [0095], [0088], [0142]).
Claims 8, 9, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over TAO et al. (US 20210377828 A1), hereinafter TAO, in view of Ohlsson et al. (US 20230108496 A1), hereinafter Ohlsson, further in view of LI et al. (US 20240031886 A1), hereinafter LI.
Regarding claim 8, as applied to claim 1 above, TAO as modified by Ohlsson does not disclose wherein the one or more processors are further configured to: store at least one of first information relating to communicating on the source cell or second information relating to communicating on the target cell.
In the same field of endeavor, LI discloses wherein the one or more processors are further configured to: store at least one of first information relating to communicating on the source cell or second information relating to communicating on the target cell, ([0123], [0147] “The UE communicates with the serving cell base station through the serving cell satellite. After the UE is connected to the serving cell base station, the UE may store the
first ephemeris information of the serving cell satellite”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] as modified by Ohlsson to include the serving cell, disclosed by LI. One of ordinary skill in the art would have been motivated to make this modification to enable the UE to store the first ephemeris information of the serving cell satellite, LI, ([0123], [0147]).
Regarding claim 9, as applied to claim 8 above, TAO as modified by Ohlsson does not disclose wherein the first information is to be stored in association with first ephemeris information associated with the source cell, or the second information is to be stored in association with second ephemeris information associated with the target cell.
In the same field of endeavor, LI discloses wherein the first information is to be
stored in association with first ephemeris information associated with the source cell, or the second information is to be stored in association with second ephemeris information associated with the target cell, ([0123], [0147] “The UE communicates with the serving cell base station through the serving cell satellite. After the UE is connected to the serving cell base station, the UE may store the first ephemeris information of the serving cell satellite”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] as modified by Ohlsson to include the serving cell, disclosed by LI. One of ordinary skill in the art would have been motivated to make this modification to enable the UE to store the first ephemeris information of the serving cell satellite, LI, ([0123], [0147]).
Regarding claim 26, as applied to claim 20 above, TAO as modified by Ohlsson does not disclose further comprising: storing at least one of first information relating to communicating on the source cell or second information relating to communicating on the target cell.
In the same field of endeavor, LI discloses further comprising: storing at least one of first information relating to communicating on the source cell or second information relating to communicating on the target cell, ([0123], [0147] “The UE communicates with the serving cell base station through the serving cell satellite. After the UE is connected to the serving cell base station, the UE may store the first ephemeris
information of the serving cell satellite”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] as modified by Ohlsson to include the serving cell, disclosed by LI. One of ordinary skill in the art would have been motivated to make this modification to enable the UE to store the first ephemeris information of the serving cell satellite, LI, ([0123], [0147]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over TAO et al. (US 20210377828 A1), hereinafter TAO, in view of Ohlsson et al. (US 20230108496 A1), hereinafter Ohlsson, further in view of HONG (US 20250071639 A1), hereinafter HONG.
Regarding claim 11, as applied to claim 1 above, TAO as modified by Ohlsson does not disclose wherein the one or more processors are further configured to: refrain from resetting a medium access control entity associated with the source cell or re-establishing a radio link control entity associated with the source cell.
In the same field of endeavor, HONG discloses wherein the one or more processors are further configured to: refrain from resetting a medium access control entity associated with the source cell or re-establishing a radio link control entity associated with the source cell, ([0257], [0274] “the UE may perform a cell change while maintaining a user plane without performing at least one operation of an MAC reset operation, a RLC re-establishment operation, and a PDCP data recovery operation when the source cell and the target cell indicated by the MAC CE belong to the same cell group in a distributed unit (DU). […] when the target cell and the source cell are in the same cell group in the intra DU, the UE may refrain from performing the MAC reset operation or RLC re-establishment operation or the PDCP data recovery operation”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the target gNB, disclosed by TAO [0255] as modified by Ohlsson to include the source cell, disclosed by HONG. One of ordinary skill in the art would have been motivated to make this modification so the UE may refrain from performing the MAC reset operation or RLC re-establishment operation, HONG, ([0257], [0274]).
Response to Arguments
Applicant’s arguments with respect to claims 1, 13, 20, and 28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT GRANT whose telephone number is (703)756-1136. The examiner can normally be reached 9:00 am - 7:00 pm, Monday - Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 571-272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GILBERT M. GRANT/
Examiner, Art Unit 2642
/Rafael Pérez-Gutiérrez/Supervisory Patent Examiner, Art Unit 2642
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