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 .
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.
Claims 1, 4, 5, 7-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al (US 2023/0379773, hereinafter Jang) and in view of Wang et al (US 2023/0156817, hereinafter Wang, claiming priority date of provisional application 63/007,393).
Regarding claim 1, Jang discloses an apparatus (terminal, Fig. 10) for consistent LBT failure detection and recovery in cell handover, applicable to a terminal equipment, the apparatus comprising: a memory and a processor (memory and processor, Fig. 10) coupled to the memory and configured to: receive a consistent uplink LBT failure indication from a target MAC or a source MAC of the terminal equipment (UE receives indication of consistent UL LBT failures from source MCG MAC, table 2, UE has dual active protocol stack with source MAC and target MAC, Fig. 8a); and when the consistent uplink LBT failure indication is received from the source MAC of the terminal equipment during the cell handover, suspend data transmission and reception with a source network device (if there is consistent UL LBT failure indicated, the terminal can suspend transmission of data bearers with the source and release the source connection, Para [0091]/table 2, UE has dual active protocol stack with source and target MAC, Fig. 8a, LBT failure during DAPS handover, Para [0012]); and during dual active protocol stack (DAPS) handover, when the consistent uplink LBT failure indication is received from the target MAC consider radio link failure to be detected for a target MCG (indication of consistent UL LBT failure from target MCG MAC, table 3, RLF has occurred due to LBT failure, Para [0095], DAPS handover is configured, Para [0002]); and does not disclose timer T304 is running in some cases. Wang discloses during handover procedure T304 is started when the UE receives a handover command, Para [0112]. Also see pages 28-29 from the provisional application; nor discloses the timer 304 is not running in other cases. Wang discloses in some embodiments T304 is not configured, Para [0155], the T304 timer may not be configured or started or suspended, where a RLF failure will not trigger due to expiry of this handover related timer, Para [0165]. Also see pages 28-29 from the provisional application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wang in the system of Jang in order to improve robustness and reliability of handover in the unlicensed spectrum and reduce interruptions to UE services.
Regarding claim 4, Jang discloses the apparatus according to claim 1, wherein, the received consistent uplink LBT failure indication is from an MAC layer of the terminal equipment (there is consistent LBT failure indicated from source MAC, table 2, MAC layer in protocol stack, Para [0081]/Fig. 8a).
Regarding claim 5, Jang discloses the apparatus according to claim 4, wherein the received consistent uplink LBT failure indication is from at least one of a source MAC entity and a target MAC entity of the terminal equipment (there is consistent UL LBT failure indicated from source MAC, table 2 and there can be indication of consistent UL LBT failure from target MAC, table 3).
Regarding claim 7, Jang discloses the apparatus according to claim 1, wherein the processor is further configured to: complete the cell handover; and recover a consistent LBT failure detection and recovery mechanism (handover success completion message, Para [0084], LBT failure detection and recovery configuration, Para [0089], recovery procedure, table 7).
Regarding claim 8, Jang discloses the apparatus according to claim 7, wherein that the processor recovers the consistent LBT failure detection and recovery mechanism comprises at least one of the following: indicating an LBT failure by a physical layer to an MAC layer when an indication of recovering consistent LBT failure detection and recovery is received and LBT fails; for a serving cell configured with an LBT failure recovery configuration parameter, triggering consistent LBT failure on a BWP of the serving cell by an MAC entity when an indication of recovering consistent LBT failure detection and recovery is received, an LBT failure indication is received from a lower layer and an LBT counter is greater than or equal to a maximum value of LBT failure; and indicating consistent LBT failure by the MAC entity to a higher layer when a serving cell in which consistent LBT failure is triggered is a special cell, an indication of recovering consistent LBT failure detection and recovery is received, and consistent LBT failure has been triggered in all uplink BWPs configured with physical random access channel (PRACH) occasions on same carrier in the serving cell (indicating consistent LBT failure to upper layers, when serving cell is a SpCell, where consistent LBT failure has been triggered in all UL BWPs configured with PRACH occasions on the same carrier in the serving cell, table 8).
Regarding claim 9, Jang discloses the apparatus according to claim 7, wherein that the processor recovers the LBT failure detection and recovery mechanism further comprises: indicating a lower layer by a RRC layer to recover consistent LBT failure detection and recovery when RRC handover is completed or when the terminal equipment is synchronized to a second cell, the second cell being a target cell (the terminal can transmit HO success completion message from the RRC layer by activation of functions from the PHY layer, Para [0083]).
Regarding claim 10, Jang discloses the apparatus according to claim 1, wherein the apparatus further comprises: a receiver (RF processor, Fig. 10) configured to receive an RRC reconfiguration message from a first network device, the RRC reconfiguration message comprising configuration information on LBT failure detection and recovery, and the first network device being the source network device, wherein the consistent uplink LBT failure indication is indication according to the configuration information (the “source” base station can transmit configuration of parameters related to UL LBT problems via an RRC Reconfiguration message, Para [0070]).
Regarding claim 11, Jang discloses the apparatus according to claim 10, wherein, the configuration information on LBT failure detection and recovery comprises first configuration information and/or second configuration information, the first configuration information being related to LBT failure detection and recovery of a first cell, and the second configuration information being related to LBT failure detection and recovery of a second cell, the first cell being a cell belonging to the source network device, and the second cell being a cell belonging to a target network device (the “source” base station can transmit configuration of parameters related to UL LBT problems via an RRC Reconfiguration message, Para [0070], the terminal is configured by the source base station for the source cell, Para [0100], recovery related configuration, Para [0089]).
Regarding claim 12, Jang discloses the apparatus according to claim 11, wherein, the source MAC entity of the terminal equipment performs LBT failure detection and recovery on the first cell according to the first configuration information; and/or the target MAC entity of the terminal equipment performs LBT failure detection and recovery on the second cell according to the second configuration information (the “source” base station can transmit configuration of parameters related to UL LBT problems via an RRC Reconfiguration message, Para [0070], the terminal is configured by the source base station for the source cell, Para [0100], recovery related configuration, Para [0089], source and target MAC, Fig. 8b).
Regarding claim 13, Jang discloses a network device (base station, Fig. 11), comprising: a processor configured to configure a configuration information on LBT failure detection and recovery (processor, Fig. 11 and base station sends configuration parameters to UE for LBT problem detection, Para [0070]); and a transmitter configured to transmit a Radio Resource Control message including the configuration information to a terminal equipment (communication unit, Fig. 11 and base station sends configuration parameters to UE for LBT problem detection via RRC configuration message, Para [0070]); wherein the processor is further configured to: control to cause the terminal equipment to suspend data transmission and reception with a source network device when a consistent uplink LBT failure indication is received from the source MAC (BS can transmit indication of consistent UL LBT failure to the terminal, Para [0009] and the UE will suspend data bearers and release source connections, Para [0091]/table 2, UE has dual active protocol stack with source MAC and target MAC, Fig. 8a)); and during dual active protocol stack (DAPS) handover, control to cause the terminal to consider radio link failure to be detected for a target MCG when the consistent uplink LBT failure indication is received from the target MAC (indication of consistent UL LBT failure from target MCG MAC, table 3, RLF has occurred due to LBT failure, Para [0095], DAPS handover is configured, Para [0002]); and does not disclose timer T304 is running in some cases. Wang discloses during handover procedure T304 is started when the UE receives a handover command, Para [0112]. Also see pages 28-29 from the provisional application; nor discloses the timer 304 is not running in other cases. Wang discloses in some embodiments T304 is not configured, Para [0155], the T304 timer may not be configured or started or suspended, where a RLF failure will not trigger due to expiry of this handover related timer, Para [0165]. Also see pages 28-29 from the provisional application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wang in the system of Jang in order to improve robustness and reliability of handover in the unlicensed spectrum and reduce interruptions to UE services.
Regarding claim 14, Jang discloses the network device according to claim 13, wherein, the consistent uplink LBT failure indication is indication according to the configuration information (configuration of parameters for UL LBT problems, Para [0070], indication of consistent LBT failure from the base station, Para [0009]).
Regarding claim 15, Jang discloses the network device according to claim 14, wherein, the configuration information on LBT failure detection and recovery comprises first configuration information and/or second configuration information, the first configuration information being related to LBT failure detection and recovery of a first cell, and the second configuration information being related to LBT failure detection and recovery of a second cell, the first cell being a cell belonging to a source network device, and the second cell being a cell belonging to a target network device (the “source” base station can transmit configuration of parameters related to UL LBT problems via an RRC Reconfiguration message, Para [0070], the terminal is configured by the source base station for the source cell, Para [0100], recovery related configuration, Para [0089]).
Regarding claim 18, Jang discloses a communications system (system, Fig. 1), comprising a terminal equipment and/or a network device (UE and eNB, Fig. 1), the terminal equipment comprising: an apparatus for consistent LBT failure detection and recovery in cell handover, applicable to a terminal equipment, the apparatus comprising: a memory and a processor (Fig. 10) coupled to the memory and configured to: receive a consistent uplink LBT failure indication from a target MAC or a source MAC (UE receives indication of consistent UL LBT failures from source MCG MAC, table 2); and when the consistent uplink LBT failure indication is received from the source MAC, suspend data transmission and reception with a source network device (if there is consistent UL LBT failure indicated, the terminal can suspend transmission of data bearers with the source and release the source connection, Para [0091]/table 2, UE has dual active protocol stack with source MAC and target MAC, Fig. 8a); and when the consistent uplink LBT failure indication is received from the target MAC (indication of consistent UL LBT failure from target MCG MAC, table 3); and does not disclose timer T304 is running in some cases. Wang discloses during handover procedure T304 is started when the UE receives a handover command, Para [0112]. Also see pages 28-29 from the provisional application; nor discloses the timer 304 is not running in other cases. Wang discloses in some embodiments T304 is not configured, Para [0155], the T304 timer may not be configured or started or suspended, where a RLF failure will not trigger due to expiry of this handover related timer, Para [0165]. Also see pages 28-29 from the provisional application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wang in the system of Jang in order to improve robustness and reliability of handover in the unlicensed spectrum and reduce interruptions to UE services; and a network device, comprising: a processor configured to configure a configuration information on LBT failure detection and recovery (processor, Fig. 11 and base station sends configuration parameters to UE for LBT problem detection, Para [0070]); and a transmitter configured to transmit a Radio Resource Control message including the configuration information to a terminal equipment (communication unit, Fig. 11 and base station sends configuration parameters to UE for LBT problem detection via RRC configuration message, Para [0070]); wherein the processor is further configured to: control to cause the terminal equipment to suspend data transmission and reception with a source network device when a consistent uplink LBT failure indication is received from the source MAC (BS can transmit indication of consistent UL LBT failure to the terminal, Para [0009] and the UE will suspend data bearers and release source connections, Para [0091]/table 2); and control to cause the terminal equipment to consider radio link failure to be detected for a target MCG when the consistent uplink LBT failure indication is received from the target MAC (indication of consistent UL LBT failure from target MCG MAC, table 3); and does not disclose timer T304 is running in some cases. Wang discloses during handover procedure T304 is started when the UE receives a handover command, Para [0112]. Also see pages 28-29 from the provisional application; nor discloses the timer 304 is not running in other cases. Wang discloses in some embodiments T304 is not configured, Para [0155], the T304 timer may not be configured or started or suspended, where a RLF failure will not trigger due to expiry of this handover related timer, Para [0165]. Also see pages 28-29 from the provisional application.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jang, in view of Wang and in view of Wang (US 2022/0369139, hereinafter Wang2, claiming priority date of provisional application 62/929,504).
Regarding claim 6, Jang discloses the apparatus according to claim 1, but not wherein the processor is further configured to suspend consistent LBT failure detection and recovery during the cell handover when a situation is at least one of the following: suspending indicating LBT failure by a physical layer to an MAC layer; not triggering consistent LBT failure by an MAC layer; not indicating consistent LBT failure by an MAC layer to a higher layer; and radio link failure occurring, a timer used for cell handover being not operated, and initiating connection reestablishment; or the timer being operated, radio link failure occurring, and not initiating connection reestablishment. Wang2 discloses a UE can be configured to suspend the consistent UL LBT failure handling mechanism during handover, where the UE would rely on the timer to trigger RLF, Para [0217], obvious to one of ordinary skill the PHY layer wouldn’t report LBT failure and/or the MAC wouldn’t determine consistent LBT failure as the process has been suspended. Also see page 21 from the provisional application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wang2 in the system of Jang in view of Wang in order to handle coexistence of multiple sources of radio link failure.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jang, in view of Wang and in view of Kim et al (US 2022/0159530, hereinafter Kim).
Regarding claim 16, Jang discloses the network device according to claim 14, wherein the network device further comprises: a receiver (communication unit, Fig. 11) but not configured to receive a transmitted handover request acknowledgement message from a second network device, the second network device being a target network device. Kim discloses the target gNB can transmit a handover request acknowledgement to the source gNB, Para [0128]/Fig. 10. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Kim in the system of Jang in view of Wang in order to improve cell selection and handover methods when RLF or handover failure occurs when trying to access a candidate cell.
Regarding claim 17, Jang discloses the network device according to claim 16, but not wherein, the handover request acknowledgement message comprises information needed in accessing to a target cell and configuration information on LBT failure detection and recovery, the configuration information on LBT failure detection and recovery being configuration information on performing LBT failure detection and recovery on a cell in the target network device by the terminal equipment. Kim discloses the target gNB can transmit a handover request acknowledgement to the source gNB with RRC configuration, Para [0128]/Fig. 10, including information to access the target cell, Para [0129]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Kim in the system of Jang in view of Wang in order to improve cell selection and handover methods when RLF or handover failure occurs when trying to access a candidate cell.
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive. The Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. Applicant also argues over Para [0165] of Wang. Applicant admits the handover timer is suspended (which means the timer is not being operated). Applicant argues the UL LBT failure is declared by the terminal device rather than the failure indication from a target MAC. Applicant argues Wang retries on different random-access resources. 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). Applicant argues Wang does not teach the limitation disclosed by Jang. Applicant argues Wang does not disclose the consistent UL LBT failure indication is received from the target MAC. However, Jang discloses the indication of consistent UL LBT failure from target MCG MAC, table 3. Wang is used to disclose a timer for the cell handover being not operated. Wang discloses in some embodiments T304 is not configured, Para [0155], the T304 timer may not be configured or started or suspended, where a RLF failure will not trigger due to expiry of this handover related timer, Para [0165]. In view of the combination RLF is based on consistent UL LBT failure, as indicated by the target MAC in Jang, and not the handover timer, which can be suspended as disclosed in Wang.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461