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 33-34, 36-39 are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US 2017/0208504) in view of Shi (WO 2020/192335)
Regarding claim 33, Kang describes a method performed by a first network node for determining one or more cells to serve a wireless device connected to the first network node in a wireless communications network (para. 9, cell loading state of each candidate BS is collected by the MS 110 & sent to the serving BS 102 (first network node) to determine and select final member BSs for use in communicating with MS 110 (wireless device)), comprising:
in a control connection between the first network node and the wireless device, receiving, from the second network node, current load information for a third cell candidate (para. 9 or 12, UE provides to serving cell a candidate list of the member BSs (third cell candidate) generated using at least one of cell loading state information of the adjacent BSs received from adjacent BSs, see also para. 95 & 136),
wherein the third cell candidate is served by a third network node (fig. 1 or 2, the third cell served by adjacent BS#1 or BS#2 (third network node));
determining one or more cells to serve the wireless device based on the current load information of the third cell candidate (fig. 2 step 250 & para. 54, serving cell determines the final list comprising cells to serve the MS 200 (wireless device) based on current cell load)
Kang describes the control connection is between the first network node & the wireless device for receiving, from the second network node, current load information for a third cell candidate. Hence Kang fails to further explicitly describe:
the control connection is between the first network node & a second network node (instead of wireless device) for receiving, from the second network node, current load information for a third cell candidate.
Shi also describe control communication between first, second & third access network device, each being a neighboring cell (fig. 1 & p. 1 lines 10-12), further describing:
the control connection is between the first network node & a second network node (instead of wireless device) for receiving, from the second network node, current load information for a third cell candidate.
It would be obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that the second network node in Kang be like the first access network device which obtains the load of a second access network device & sends the load to the third access network device (=first network device in Kang) as in Shi.
The motivation for combining the teachings is that this overcomes the problem if the source base station does not have a direct interface with the neighboring base station, the source base station cannot obtain the load information of each neighboring cell, and therefore, cannot select a suitable target base station for the terminal to access (p. 1 line 27 to p. 2 line 1).
Special note: In Kang, serving BS 202 also directly requests & obtains, from adjacent BS#1 204, a capability state comprising cell loading information within the cooperative communication-based cell of the MS 200” (para. 54).
Regarding claim 34, Kang and Shi combined describe:
wherein said receiving further comprises receiving, from the second network node, current load information for a second cell candidate, wherein the second cell candidate is served by the second network node, and wherein determining the one or more cells to serve the wireless device is further based on the current load information for the second cell candidate (Kang, para. 9 or abstract, serving cell receives cell loading state information of other adjacent BSs (network nodes) & selects final member BSs based in part from such cell loading state information, fig. 2 step 250).
Regarding claim 36, Kang and Shi combined describe:
requesting, from the second network node, any one or more out of: a current load information for the third cell candidate and a current load information for the second cell candidate (Kang, fig. 2 & para. 54, In the member BS negotiation, the serving BS 202 makes, to adjacent BS#1 204, a request for a BS capability state required when adjacent BS#1 204 operates as the member BS within the cooperative communication-based cell of the MS 200).
Regarding claim 37, Kang describes:
wherein determining the one or more cells to serve the wireless device comprises determining the one or more cells to serve the wireless device as any one or more out of:
a primary cell and a secondary cell (fig. 1-2, final member BSS being secondary cells, not the serving/primary cell).
Kang and Shi combined describe:
wherein serving the wireless device is performed by use of any one out of:
Dual Connectivity (DC) (Shi, p. 2, lines 28-30 or abstract, suitable for dual connectivity use).
Regarding claim 38, Kang and Shi combined describe:
wherein determining the one or more cells to serve the wireless device comprises determining the third cell candidate to serve as any of: a primary cell or a secondary cell, when the current load information for the third cell candidate indicates a low load (Kang, para. 54, serving BS will determine if adjacent BS as a final member BS (secondary cell) based on its capability state, comprising the current cell load).
Regarding claim 39, Kang and Shi combined describe:
wherein determining the one or more cells to serve the wireless device comprises any one out of: determining the one or more cells to serve the wireless device after a handover of the wireless device to the determined one or more cells, and determining the one or more cells to serve the wireless device after a redirection of the wireless device to one of the determined one or more cells (p. 10 lines 9-13, determination & selection of third access network device for use when a terminal will perform cell handover during the movement).
Regarding claim 40, Kang describes a method performed in a second network node for assisting a first network node in determining one or more cells to serve a wireless device connected to the first network node in a wireless communications network (fig. 1, cooperative BS1 or BS2 or BS3, or fig. 2 adjacent BS#1 or BS#2), the method comprising:
in a control connection between the second network node and a third network node, receiving, from the third network node, current load information for a third cell candidate served by the third network node,
assisting the first network node in determining the one or more cells to serve the wireless device by transmitting, to the first network node, the current load information for the third cell candidate as a basis for determining the one or more cells to serve the wireless device (para. 9 or 12, UE (second network node) provide to serving cell a candidate list of the member BSs (third cell candidate) generated using at least one of cell loading state information received & collected) [via a control connection] from the adjacent BSs’ cell, see also para. 95 & 136).
Kang describes the control connection is between the first network node & the wireless device for receiving, from the second network node, current load information for a third cell candidate. Hence Kang fails to further explicitly describe:
the control connection is between the first network node & a second network node (instead of wireless device) for receiving, from the second network node, current load information for a third cell candidate.
Shi also describe control communication between first, second & third access network device, each being a neighboring cell (fig. 1 & p. 1 lines 10-12), further describing:
the control connection is between the first network node & a second network node (instead of wireless device) for receiving, from the second network node, current load information for a third cell candidate.
It would be obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that the second network node in Kang be like the first access network device which obtains the load of a second access network device & sends the load to the third access network device (=first network device in Kang) as in Shi.
The motivation for combining the teachings is that this overcomes the problem if the source base station does not have a direct interface with the neighboring base station, the source base station cannot obtain the load information of each neighboring cell, and therefore, cannot select a suitable target base station for the terminal to access (p. 1 line 27 to p. 2 line 1).
Special note: In Kang, serving BS 202 also directly requests & obtains, from adjacent BS#1 204, a capability state comprising cell loading information within the cooperative communication-based cell of the MS 200” (para. 54).
Regarding claim 41, Kang and Shi combined describe:
in a control connection between the first network node and the second network node, receiving, from the first network node, any one or more out of:
a request for current load information for the third cell candidate served by the third network node; and a request for current load information for a second cell candidate served by the second network node (Kang, fig. 2 & para. 54, In the member BS negotiation, the serving BS 202 makes, to adjacent BS#1 204, a request for a BS capability state required when adjacent BS#1 204 operates as the member BS within the cooperative communication-based cell of the MS 200).
Regarding claim 42, Kang and Shi combined describe:
obtaining current load information for a second cell candidate served by the second network node, and wherein said assisting further comprises assisting the first network node in determining the one or more cells to serve the wireless device by transmitting, to the first network node, the current load information for the second cell candidate as a further basis for determining the one or more cells to serve the wireless device (Shi, abstract, first access network device (second network node) acquires load information of second access network device (first network node) & sends such load information to a third access network device (first network node)).
Regarding claim 44, Kang describes:
wherein assisting the first network node, comprises assisting the first network node in determining the one or more cells to serve the wireless device comprises determining the one or more cells to serve the wireless device as any one or more out of:
a primary cell and a secondary cell (fig. 1-2, final member BSS being secondary cells, not the serving/primary cell).
Kang and Shi combined describe:
wherein serving the wireless device is performed by use of any one out of:
Dual Connectivity (DC) (Shi, p. 2, lines 28-30 or abstract, suitable for dual connectivity use).
Regarding claim 45, Kang describes:
wherein assisting the first network node, comprises assisting the first network node in determining the third cell candidate to serve as any of: a primary cell or a secondary cell, when the current load information for the third cell candidate indicates a low load (Kang, para. 54, serving BS will determine if adjacent BS as a final member BS (secondary cell) based on its capability state, comprising the current cell load).
Regarding claim 46, Kang describes:
wherein assisting the first network node in determining the one or more cells to serve the wireless device comprises any one out of: assisting the first network node in determining the one or more cells to serve the wireless device after a handover of the wireless device to the determined one or more cells; and assisting the first network node in determining the one or more cells to serve the wireless device after a redirection of the wireless device to one of the determined one or more cells (p. 10 lines 9-13, determination & selection of third access network).
Claims 35 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US 2017/0208504) in view of Shi (WO 2020/192335), and further in view of Cui (US 2014/0162635).
Regarding claims 35 and 43, Kang and Shi combined fail to further explicitly describe:
wherein the wireless communications network is represented by a wireless multi Radio Access Technology (RAT) communications network and wherein a connection between the first network node and the wireless device is connected using a first RAT, and wherein any one or more out of: the third cell candidate uses a third RAT different from the first RAT and the second cell candidate uses a second RAT different from the first RAT.
Cui also describes local cell receiving cell information comprising cell load from cells 116 belonging to other base stations 114 (fig. 1 & para. 34), further describing:
wherein the wireless communications network is represented by a wireless multi Radio Access Technology (RAT) communications network and wherein a connection between the first network node and the wireless device is connected using a first RAT, and wherein any one or more out of: the third cell candidate uses a third RAT different from the first RAT and the second cell candidate uses a second RAT different from the first RAT (para. 30, mobile device 102 is connected to the local cell 110 belonging to the local base station 104 of a particular RAT, & each of the other cell 116 of the other base station 114 represents its own RAT, see also abstract),
It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that the second/third cell candidate in Kang and Shi to use a RAT different from the first RAT as in Cui.
The motivation for combining the teachings is that this improve network efficiency, network capacity, and the end user experience, while keeping operational costs at a level conducive to maintaining competitive rates for the services they provide (Cui, para. 2).
Claims 41-51 are first network node (apparatus) claims comprising features recited in method for first network node claims 33-37 respectively. Hence, they are rejected under the same rationale.
Claims 52 is second network node (apparatus) claims comprising features recited in method for second network node claim 40. Hence, it is rejected under the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Fujishiro (US 2018/0049094) describing UE selects target cell used a s serving cell from plurality of cells based on potential capacity (abstract), Guo (CN 201910612248) describing feeding back the blacklist adjacent cell to the service cell; each acceptable neighbor cell and each acceptable neighbor cell priority level, for the service cell according to the adjacent cell priority level of each acceptable neighbor cell to perform load balancing processing (abstract), Hoymann (US 2011/0218010) describing UE measuring characteristics of 3 BSs & selecting BS to use (fig. 6), Chen (WO 2012155695) describing serving eNodeB selecting one or more cell nodes from a potential CoMP cooperating set as the cooperating node of a terminal according to the load information of each cell in the potential CoMP cooperating set of the terminal and the reference signal received power (RSRP) of each cell (abstract), Ko (US 20210282051) describing serving cell & neighbor cell exchange information for load balancing (fig. 6, #610 & 615), Hoymann (US 2011/0218010) describing exchanged messages between serving & supporting access nodes 100-1 to 100-4 are request messages and response messages or subscribe messages and publish messages, for requesting and receiving information relating to a signal received from the terminal 200 at the respective access node 100-2, 100-3, and 100-4 of set E2 (fig. 5 & para. 91), Sloan (US 2016/0007206) describing load information is exchanged between Macro enb & Pico eNB (fig. 5).
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WARNER WONG
Primary Examiner
Art Unit 2469
/WARNER WONG/Primary Examiner, Art Unit 2469