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 .
Priority
The instant application claims priority to the of PCT/EP2021/073497 filed 08/25/2021 and priority Foreign application Filed: 09/25/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted, IDS - 03/28/2023, 03/29/2024, 12/27/2024, 04/03/2025 and 01/15/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Continued Examination (RCE)
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has been withdrawn pursuant to 37 CFR 1.114.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
06/02/2026 has been entered.
Response to Amendment
The amendment filed 06/02/2026 has been entered. Claims 15-26 remain pending in the application. Claim 15 and 23 are amended.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 15 (identical to Claim 23) and Claim 17 of the claim application are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim application, claim 15 independent claim recites:
‘to receive, from a communication network control element
or function controlling a primary cell for a first communication link forming a communication path of the communication element
or function, configuration information related to a conditional secondary cell addition procedure for establishing, in addition to the first communication link, a second communication link to a secondary cell,
and to process the configuration information, wherein the configuration information includes a connection reconfiguration information set regarding the establishment of the second communication link,
wherein the connection reconfiguration information set includes information indicating an execution condition of the conditional secondary cell addition procedure and information indicating a remapping condition controlling a timing for remapping at least one specified bearer from the first communication link to the second communication link,
and to conduct the conditional secondary cell addition procedure according to the received configuration information.’
Above claim includes important subject matter and claim limitations ‘controlling a timing for remapping at least one specified bearer’. Specifications merely includes this feature in [0142-047]. Specification don’t have sufficient details to understand by one person in the skill in the art in a way to accomplish the claim function.
And Claim application, claim 17 recites:
‘to apply the second connection reconfiguration setting, according to the remapping condition controlling the timing for remapping the at least one specified bearer from the first communication link to the second communication link,
at one of a point of time immediately after the second communication link is established, a predetermined time after the second communication link is established,
a predetermined time after the second communication link is established and a predetermined communication condition is met during the predetermined time,
and a point of time when it is determined that a measurement result concerning at least one of the first communication link and the second communication link meets a predetermined value after the second communication link is established.’
Claim 17 further specifies regarding the ‘remapping condition controlling the timing for remapping the at least one specified bearer’ and limited by ‘at one point of time’ and ‘a predetermined time after the second communication link is established’. Specification [0179-0185] lack written description to support the claim invention. The First link and the second communication link of connection reconfigurations relates to RRC reconfiguration yet written description didn’t provide any specific timing measurement. And, a timer should have been included in specification/disclosures as to show how “remapping condition controlling the timing” is performed.
“Condition controlling the timing” claim elements are also used in Claim 20.
Applicant responses, “description of a timer or event time duration is disclosed as, concept of a timer for monitoring time interval”. Applicant didn’t provide any specific disclosures regarding their Claim 15 and Claim 23 as part of claim invention:
“remapping condition controlling a timing for remapping at least one specified bearer”.
And, applied “in configuration setting” in Claim 17 and Claim 20. Specification/disclosure lack the claim invention.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that
form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or
in public use, on sale or otherwise available to the public before the effective
filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151,
or in an application for patent published or deemed published under section
122(b), in which the patent or application, as the case may be, names another
inventor and was effectively filed before the effective filing date of the claimed
invention.
Claims 15-18, 20, 21 and 23-26 are rejected under 35 U.S.C. 102(a)(2) as being
anticipated by Da Silva et al. (US-20230363027-A1, prov. 63/062354 filed 08/06/2020 specification and drawings mentioned in office action) hereinafter “Da Silva”.
Regarding Claim 15,
‘An apparatus for use by a user equipment, the apparatus comprising at least one processing circuitry, and at least one memory for storing instructions to be executed by the processing circuitry,
wherein the at least one memory and the instructions are configured to, with the at least one processing circuitry, cause the apparatus at least:
to receive, from a communication network control element
or function controlling a primary cell for a first communication link forming a communication path of the communication element
or function, configuration information related to a conditional secondary cell addition procedure for establishing, in addition to the first communication link, a second communication link to a secondary cell,
and to process the configuration information, wherein the configuration information includes a connection reconfiguration information set regarding the establishment of the second communication link,
wherein the connection reconfiguration information set includes information indicating an execution condition of the conditional secondary cell addition procedure and information indicating a remapping condition controlling a timing for remapping at least one specified bearer from the first communication link to the second communication link, wherein the remapping condition is separate from the execution condition of the conditional secondary cell addition procedure,
and to conduct the conditional secondary cell addition procedure according to the received configuration information.’
Da Silva Discloses apparatus of communication element of terminal includes processing circuitry and transceiver Fig. 8 (prov. Fig. QQ1 page-46), part of communication network Fig. 1.
Regarding to receive, from a communication network control element, Fig. 6 network node and number of terminals. Network node Radio Network controller, NodeB component and radio access technology [0328]. Fig. 7 and Fig. 8 processing and transceiver circuitry includes controller, a communication network control element [0329-0332].
Fig. 3 illustrates master node (MN) and secondary node (SN) connected to network interface core network as part of CHO. Fig. 2 illustrates a terminal communication with MCG and SCG with two gNB nodes. from source cell gNB to a terminal i.e. the first communication link between source cell and a terminal;
As part of multi-radio dual connectivity includes reconfiguration procedures SN addition/modification/change. Terminal configured to receive a re-configuration message comprising conditional Primary secondary cell addition (PScell), CPA and receive from network node the configurations, disclosure Claim 9 [0018-0019, 0038].
Disclosure claim 9 include, receiving, from a network node operating as a Master Node, MN, an RRC Reconfiguration message, comprises at least one conditional reconfiguration for the CPA, the conditional reconfiguration comprising:
for the target candidate cell, another RRC Reconfiguration message, RRCReconfiguration, in MN format and including a Master Cell Group configuration, wherein the RRCReconfiguration includes another RRC Reconfiguration message, RRCReconfiguration, wherein the RRCReconfiguration comprising a Secondary Cell Group configuration for the target candidate cell;
and execution condition met then SN addition procedure [0040]. Condition to conditional PScell addition/configuration and add SN based on measurement when UE operate in multi-radio dual connectivity. Then MN sends to SN for the SN node addition request Fig. 4 step 1 [0154] and Fig. 5A.
Disclosure further include condition for control timing to re-map/map specific bearer to connect from first communication link to second communication link,
PScell addition procedure includes SN node addition and to provide resources from SN to terminal. Fig. 3 and Fig. 4 step 2, (prov. and main) illustrates SN addition request after acknowledged initiate a RRC reconfiguration and SN reconfiguration. Then update procedure includes session modification and bearer modification to connect specific bearer (prov. section 1.2.1, page 5-6 and disclosure [0101-0103]. Further, SN addition contains execution conditions for PScell (CPA) configuration includes timer (prov. page 40 section 2.3.1) and disclosure [0295]. Includes T304 and T310 both associates with RRC connection and reconfiguration.
Regarding from the first communication to second communication to re-map at least one specified bearer, disclosure Fig. 4 illustrates bearer modification while SN addition procedures step 2. Resources from MN to SN node for dual connectivity. Configuration IE in table, bearer-IDs and list for SN node [0157-0158] and prov. Fig. 5 and page-24. Disclosure, MN decides and request to SN allocate resources by PDU session (Fig. 3) and RRM. And, bearer options between Xn-U resources between MN to SN tunnel-address-info [0025] (prov. page-6). The SN addition procedure to provide radio resources [0019] (prov. section 1.2 and 1.2.1 page [0015-0018] and Fig. 3).
Claims connection reconfiguration set, Da Silva,
Execution condition set S-cell addition procedure in Fig. 4 step-1 to step-5 and [0155-0156] (prov. Fig. 5 page-22, page-25)
And control timing of re-mapping at least one bearer from first to second communication link wherein re-mapping condition is separate from the execution condition of S-cell addition in Fig. 4 (prov. Fig. 5), reconfiguration-sync included and successfully stops T304 and T310 timer [0275-0277]. S-node-reconfiguration. Map-to-SN [0285-0286], (prov. last para page-38 to step-6 to step-8, page-39).
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Disclosure provide details of conditional secondary cell or PScell CPA configuration and procedure Fig. 3 to 5 and prov. Fig. 3 to 6.).
Regarding Claim 16,
‘The apparatus according to claim 15’ (disclosed above),
Da Silva discloses, ‘wherein the connection reconfiguration information set includes a first connection reconfiguration setting for the conditional secondary cell addition procedure,
wherein the first connection reconfiguration setting is to be applied when the execution condition of the conditional secondary cell addition procedure is determined to be met,
and a second connection reconfiguration setting for bearers to be remapped to the second communication link,
wherein the second connection reconfiguration setting is different to the first connection reconfiguration setting and is to be applied when the second communication link is established,
wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least: to apply the first connection reconfiguration setting when the execution condition of the conditional secondary cell addition procedure is determined to be met,
and to apply the second connection reconfiguration setting when the second communication link is established.’
Regarding condition to apply first connection reconfiguration setting or execute the CPA configuration procedures, disclosure Fig. 4 (prov. Fig. 5 page-22), SN addition request from MN to SN and ack message from SN for S-node addition request, [0155], (prov. Step 2, page 25 S-node addition ack).
Regarding the second connection reconfiguration setting for bearers to be remapped to the second communication link,
bearer configuration and SCG configuration, conditional reconfiguration and RRC reconfiguration [0163-0168]. And, cg-config-IE message as shown in [0165] includes scg-RB-config and radio-bearer config. Step 3 and step 4 RRC reconfiguration and RRC reconfiguration complete include radio bearer configuration to be applied upon execution when CPA is completed SN bearer added and MN bearer released [0233], [0238]. (prov page 25-26, scg-CellGroupConfig, page-27, section 2.2.5 page-35 )
Above two connection reconfiguration are different, first connection reconfiguration relates to addition SN from MN to SN and secondary node acknowledge. While second reconfiguration includes bearer configuration SN bearer added and MN bearer can be released. RRC-reconfiguration [0034, 0285-0286] (prov. last para page-38).
Regarding Claim 17,
‘The apparatus according to claim 16’ (disclosed above),
Da Silva discloses, ‘wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least: to apply the second connection reconfiguration setting, according to the remapping condition controlling the timing for remapping the at least one specified bearer from the first communication link to the second communication link,
at one of a point of time immediately after the second communication link is established, a predetermined time after the second communication link is established,
a predetermined time after the second communication link is established and a predetermined communication condition is met during the predetermined time,
and a point of time when it is determined that a measurement result concerning at least one of the first communication link and the second communication link meets a predetermined value after the second communication link is established.’
Disclosure Fig. 4 illustrates second connection reconfiguration settings. During RRC reconfiguration terminal monitors reconfiguration process. RRC reconfiguration conditional HO and conditional PScell addition/change procedure associates with T304 and T310 timer [0083-0084] (prov. S_2_9, page-9). A point of time and predetermined are sync associated to timer. The RRC-Reconfiguration and CPA/CPC/CPAC procedures includes timer [0082-0086] (prov. page 5) and reconfiguration-with-sync timer MN/SN [0275-0278] (prov. page 34) and also includes var-measurement [0279-0284] (prov. page 38).
Fig. 4 illustrates first connection configuration starts CPA process with measurement and conditional-flag to initiate a SN addition request. And, second connection configuration disclosed above in Claim 17. Terminal monitor step starts when above two process completed.
At step 4 of the example embodiment of FIG. 4( prov. Fig. 5), upon applying the message, terminal configures the conditional reconfiguration start monitor execution conditions and the RRC Reconfiguration for each target candidate PSCell. For example, the terminal per target candidate an RRCReconfiguration set as shown, an SCG configuration for the target candidate PSCell (e.g. nrSCG=RRCReconfiguration with a reconfiguration With Sync). And, terminal determine to monitor for an execution condition associated to an RRC configuration and includes reconfigurationWithSync [0191-0192] (prov. page-33 section 2.2.4 ). And, bearer/radio resources from MN to SN [0019-0024] (prov. page 5 [0015-0018]. Monitor CPA execution/conditions [0229-0230], Fig. 4 (prov. step 4 Fig. 6 page-44).)
Regarding Claim 18,
‘The apparatus according to claim 15’ (disclosed above),
Regarding the claim portion, ‘wherein the connection reconfiguration information set includes a single connection reconfiguration setting for the conditional secondary cell addition procedure,
wherein the single connection reconfiguration setting indicates at least one bearer which is to be maintained at the first communication link when the execution condition of the conditional secondary cell addition procedure is determined to be met and to be remapped to the second communication link when the second communication link is established’,
Da Silva discloses connection reconfiguration settings first connection link addition of S-node and second connection reconfiguration of bearer configuration when SN node addition completed. Fig. 2 illustrates dual and multi-radio connectivity. During CHO sends request to one or more candidate gNBs. Source node issue RRC reconfiguration message for CHO and UE maintains connection with source node after receiving CHO configuration. UE detaches source node and synchronize with candidate node complete CHO [0008-0017]. And, maintain at least single connection reconfiguration during CPA or CHO procedure and after ack from SN node with reconfiguration process establish second link and uses bearer configuration (disclosed above in Claim 16 and 17).
Therefore discloses, ‘wherein the connection reconfiguration information set includes a single connection reconfiguration setting for the conditional secondary cell addition procedure,
wherein the single connection reconfiguration setting’ and ‘to be maintained at the first communication link when the execution condition of the conditional secondary cell addition procedure is determined to be met and to be remapped to the second communication link when the second communication link is established’
And disclose, ‘indicates at least one bearer which is’ maintained in first communication link i.e., while add Secondary-node or connection reconfiguration for CPA.
Da Silva, includes CPA/CHO configuration and CHO execution condition as part of single connection while perform the CHO procedures. “The UE maintains connection with source-BS after receiving the CHO configuration” and “when satisfy the CHO execution condition releases the resources” that includes RBs connected to source-BS as part of CHO configurations/procedures and also CPA procedures bearer configurations/QoS flow [0014-0024] (prov. page 4-5). The NW-node includes mapping-between-cells for conditional reconfiguration has been executed and the target-SN should receive RRC-reconfiguration-complete. Alternatively, the NW-node includes mapping between-conditional-reconfiguration and the target-SN [0286, 0400] (prov. step-6, page-38).
And further include, ‘wherein the at least one memory and the instructions are further configured to with the at least one processing circuitry, cause the apparatus at least: to maintain the at least one bearer at the first communication link when the execution condition of the conditional secondary cell addition procedure is determined to be met and to remap the at least one bearer to the second communication link when the second communication link is established.’ (identical to mentioned above first portion maintain at least one bearer at the first. And further execute condition of CPA for second communication with second cell (Fig. 4 disclosure of Da Silva) and re-map/de-map as disclosed in Claim 15 and 16 above.)
Regarding Claim 20,
‘The apparatus according to claim 18’ (disclosed above),
De Silva discloses, ‘wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least: to remap the at least one bearer to the second communication link,
according to the remapping condition controlling the timing for remapping the at least one specified bearer from the first communication link to the second communication link’ (re-map by bearer configuration to second communication link as disclosed above in Claim 15 and Claim 16. And further, Fig. 4 illustrates terminal monitors during RRC reconfiguration step 4 and step 5. And, monitor cell includes reconfigurationWithSync in an nr-SCG receiving in the conditional reconfiguration [0417]. And, control timing during conditional PSCell addition/change procedure by RRC reconfiguration associated with timer T304 and T310 [0074]. And RRC configuration and CPA configuration include bearer configuration as shown Fig. 4 and reconfigurationWithSync include cell configuration nr-SCG and timer T304/T310 [0263]-[0278].),
De Silva discloses in Claim 17 above, ‘at one of a point of time immediately after the second communication link is established,
a predetermined time after the second communication link is established, a predetermined time after the second communication link is established and a predetermined communication condition is met during the predetermined time,
and a point of time when it is determined that a measurement result concerning at least one of the first communication link and the second communication link meets a predetermined value after the second communication link is established.’
Regarding Claim 21,
‘The apparatus according to claim 15,
De Silva discloses, ‘wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least: to send, to the communication network control element or function, a first connection reconfiguration complete message indicating that a connection reconfiguration setting is applied when the execution condition of the conditional secondary cell addition procedure is determined to be met,
and to send, to the communication network control element or function, a second connection reconfiguration complete message indicating that a connection reconfiguration setting for remapping the at least one specified bearer from the first communication link to the second communication link is applied when the second communication link is established.’
Apparatus processor and processing circuitry Fig. 7 and Fig. 8 (prov. Fig. QQ1 page-46).
Regarding send to the communication network control element or function, a first connection reconfiguration complete message as illustrated in Fig. 4 step 4. A terminal sends RRC reconfiguration complete message to MN i.e. conditional reconfiguration [0191-0193] (prov. Fig. 5 step 4 section 2.2.4 page-33).
And, regarding second connection configuration complete message as shown in step 5 includes RRC reconfiguration and SCG configuration nr-SCG. UE generates two complete messages. when CPA is executed, the intent could be that a bearer, for example, a SN-terminated bearer is added, removed, or modified or a MN-terminated bearer may be re-configured or released [0231-0233] (prov. Fig. 5 and section 2.2.5 step 5 page-35 to 36).
Regarding Claim 23,
Da Silva discloses, ‘An apparatus for use by a communication network control element or function configured to control a communication of a communication element or function in a communication network, the apparatus comprising at least one processing circuitry, and at least one memory for storing instructions to be executed by the processing circuitry, wherein the at least one memory and the instructions are configured to, with the at least one processing circuitry, cause the apparatus at least:’ (Fig. 7 and prov. Fig. QQ1),
Da Siva discloses, ‘to conduct a conditional secondary cell addition procedure for establishing, in addition to a first communication link to a primary cell being controlled by the communication network control element or function forming a communication path of the communication element or function, a second communication link to a secondary cell, to send, to the communication element or function, a connection reconfiguration information set regarding the establishment of the second communication link, wherein the connection reconfiguration information set includes information indicating an execution condition of the conditional secondary cell addition procedure and information indicating a remapping condition controlling a timing for remapping at least one specified bearer from the first communication link to the second communication link, wherein the remapping condition is separate from the execution condition of the conditional secondary cell addition procedure, .’ (Similar to Claim 15 disclosed above. And, transceiver circuitry and controller circuitry to perform communication link between cells [0329-0331] and Fig. 7 (prov. page-46 Fig. QQ1 and page-48). And, connection reconfiguration first communication link SN addition step 1 and bearer configuration for second communication link in Fig. 4. (prov. Fig. 5)).
Regarding Claim 24,
‘The apparatus according to claim 23’ (disclosed above), ‘wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least:’ (disclosed above),
De Silva discloses, ‘when the second communication link is established, to conduct a process for switching at least a part of traffic from the first communication link to a second communication link when a specified condition is met, to provide, to the communication element or function, a connection reconfiguration information set regarding the modification of the first and second communication links, wherein the connection reconfiguration information set includes information indicating a condition for remapping at least one specified bearer from the first communication link to the second communication link.’ (Regarding the switch from the first to the second-link disclosed above in Claim 16. In Fig. 4 step 1 and step 2 when S-node addition/modification as part of CPA executed, bearer configuration to switch from first to second link upon receive measurement before addition/modification initiates. And, modification and CPA execution disclosed above in Claim 22. Further, Fig. 3 illustrates scenario terminal context SN addition leading to CPA condition as described. SN provide resources to terminal and procedures to add SCG serving cell, part of traffic switches from MN to SN by allocate resources [0019]. The MN decides to request the target SN to allocate resources for one or more specific PDU Sessions/QoS Flows, indicating QoS Flows. PDU session modification and path update procedures [0019-0037]. In Fig. 3 and Fig. 4 includes RRC-reconfiguration complete and path/packet updates. Switch/update procedures includes marker-packet/SN-status-sync/transfer, PDCP and flow forwarding [0290] (prov. Fig. 4, page-11 and Fig. 5, page-22 and step-8, third para page-39).)
Regarding Claim 25,
‘The apparatus according to claim 23’ (disclosed above), ‘wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least:’ (disclosed above),
Da Silva discloses, ‘to define, as the condition for remapping the at least one specified bearer from the first communication link to the second communication link, a specified measurement event to be met which is associated with a measurement for at least one of the first communication link and the second communication link,
and/or to provide, when conducting the process for switching at least a part of traffic from the first communication link to the second communication link when a specified condition is met, to a second communication network control element or function controlling another cell to which the second communication link is established, a modification request for adding at least one bearer to the second communication link, the modification request including information indicating the condition for remapping the at least one specified bearer from the first communication link to the second communication link, to receive, from the second communication network control element, and process a response to the modification request, the response including at least one of a measurement result related to the condition for remapping the at least one specified bearer and an indication as to whether the condition is met or not, and to decide, on the basis of the content of the response, whether to initiate an immediate activation of a bearer remapping at the communication element or function or to initiate a conditional bearer remapping based on the condition in the connection reconfiguration information.’
Regarding ‘to define, as the condition for remapping the at least one specified bearer from the first communication link to the second communication link, a specified measurement event to be met which is associated with a measurement for at least one of the first communication link and the second communication link’,
Similar to Claim 15 disclosed above, Fig. 4 illustrates measurement of current cell that includes channel measurement of candidate PScell (CSI-RS, RSRP, RSRQ, SINR) for CPA execute condition [0051-0056] (prov. page-8). Then, initiate SN addition and ack by SN node and perform bearer configuration/QoS flow as reconfiguration procedure [0019-0038] (prov. page-5, page-6 and page-7 [0013-0018]. RRC-reconfiguration complete [0262]. And, reconfiguration-with-sync includes measurement [0279-0281]. The complete-message includes SN-identifier [0286-0287] (prov. step-5 last procedure reconfiguration-synch and step-6 Fig. 5, page-38).).
Regarding, ‘and/or to provide, when conducting the process for switching at least a part of traffic from the first communication link to the second communication link when a specified condition is met, to a second communication network control element or function controlling another cell to which the second communication link is established’,
Disclosed reconfiguration setting for the modification of the communication first to second link disclosed above in Claim 24. And, further second communication link established as shown in Fig. 4, UE sends RRC reconfiguration complete message to SCG. And, uses random access to complete the S-node reconfiguration and establishes link. Step initiates from measurement report. SN-status and Packet-flow [0290] (prov. step-8 page-39.)
Regarding Claim 26,
Da Silva discloses, ‘An apparatus for use by a communication network control element or function configured to control a multi-connectivity communication of a communication element or function in a communication network in which at least two communication links are used to at least two different cells at least one of which being controlled by the communication network control element or function and to which a second communication link being established,
the apparatus comprising at least one processing circuitry, and at least one memory for storing instructions to be executed by the processing circuitry, wherein the at least one memory and the instructions are configured to, with the at least one processing circuitry, cause the apparatus at least:
to conduct a process for switching at least a part of traffic from a first communication link to the second communication link when a specified condition is met, to obtain, from a first communication network control element or function controlling another cell to which the first communication link is established,
and process a modification request for adding at least one bearer to the second communication link, the modification request including information indicating the condition for remapping the at least one specified bearer from the first communication link to the second communication link, wherein the process includes at least one of conducting a measurement on the second communication link related to the condition for remapping the at least one specified bearer and checking whether the condition is met or not, and to send, to the first communication network control element or function, a response to the modification request, the response including a result of the process.’
Regarding first portion of claim, communication network element configured to control multi-connectivity communication used to at least two different cells,
Disclosure refers to a first network node operating as a Master Node (MN) (e.g., having a MCG, eNB/gNB) as a network node and/or network function. Configured to the UE and/or an MN-terminated bearer. The present disclosure also refers to a second network node operating as a Secondary Node (SN), or Source Secondary Node (S-SN) (e.g., having a Secondary Cell Group (SCG) configured to the UE and/or an SN-terminated bearer). Two communication links are used to two different cells at least one of which being operated/controlled by MN to add S-node and established second link in Fig. 4 step 2.
Regarding second portion of claim, conduct a process for switching at least a part of traffic from a first communication link to the second communication link disclosed above in Claim 24.
Regarding modification request and add at least one bearer to second communication link disclosed above in Claim 24 and 25. Modification/reconfiguration and response Da Silva [0279-0281, 0285-0290] (prov. last part of step-5, reconfiguration-With-Sync was included in sp-CelI-Config of an SCG, and step-6, page-38 and step-8 page-39. )
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
he 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:
• Determining the scope and contents of the prior art.
• Ascertaining the differences between the prior art and the claims at issue.
• Resolving the level of ordinary skill in the pertinent art.
• 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 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable
over Da Silva et al. in view of Kim et al. (US-20220264680-A1) hereinafter “Kim”.
Regarding Claim 19,
‘The apparatus according to claim 15’ (disclosed above),
Though Da Silva discloses, dual active protocol stack (daps) as part of RRC-reconfiguration, page-12 [0177] conditional-Reconfiguration, page-13 [0177] Conditional-Reconfiguration-IE, page-13 [0177], page-14 [0178] and didn’t disclose,
‘wherein, when the communication element or function has a dual active protocol stack capability, the connection reconfiguration information set includes a dual active protocol stack connection reconfiguration setting for bearers to be used for dual active protocol stack operation,
wherein the dual active protocol stack connection reconfiguration setting indicates at least one bearer which is to be maintained at the first communication link when the execution condition of the conditional secondary cell addition procedure is determined to be met and to be remapped to the second communication link when the second communication link is established’,
Kim in the relevant art discloses, Terminal support dual active protocol stack [0321]. FIG. 23 illustrates example of a single active protocol stack (A) and dual active protocol stacks (B) in a wireless device. The dual protocol stacks in FIG. 23B may comprise one NAS layer, one RRC layer, one PDCP layer, two RLC layers, two MAC layers and two physical layers. The NAS layer, the RRC layer [0322].
A base station may provide the configuration for the multiple active protocol stacks to the UE in RRC connected state. The base station may send the RRC reconfiguration message comprising a reconfiguration sync IE. Based on the reconfiguration sync IE, the UE may perform a (conditional) handover procedure or a (conditional) SCG addition procedure (conditional PSCell addition). Based on the performing of the handover procedure or the SCG addition, the UE may perform a random access procedure to a cell in the reconfiguration sync IE that includes RBs [0414]. And, maintain connection to source-BS [0475, 0481].
Kim discloses, maintain connection with both a source BS and a target BS when perform CHO. Includes dual active protocol stack. The UE may have common PDCP entity associated with two RLC, MAC and PHY protocol stacks, that is a radio resources at L2 protocol stack to maintain connection between source and target cell (This also disclosed by Da Silva as part of CHO configuration and CHO execution conditions disclosed above in Claim 18).
During the handover execution period, the UE will continue to receive downlink data from both the source base station and the target base station until a source base station connection is released. Based on the RRC Reconfiguration Complete message being successfully transmitted to the target base station, then UE may switch its UL data transmission to the target base station [0321]. Fig. 24 illustrates CHO procedures based on measurement report. Steps: RRC reconfiguration/CHO configuration[Wingdings font/0xE0] evaluation CHO execution conditions by the UE while maintaining the connection to source-BS [0324-0326]. And, bearer configurations/QoS flow [0116]. Multiple protocol stacks activation [0349-0351]
Configuration of number of protocol stacks to be activated and Fig. 34. Disclosure, map/de-map of between one or more radio bearers SDAP [0080]. Resources managed at protocol stack Phy (L2), Mac/RLC/PDCP (L2) and RRC/NAS (L2).
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The radio bearer configuration comprises at least one of a first signaling radio bearer on the first protocol stack or a first signaling radio bearer on the second protocol stack [0505].
Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Da Silva and to include with that of Kim to come up with the claim invention;
Disclosure of Da Silva includes bearer configuration as part of connection reconfiguration and CPA procedures Fig.4, [0233] (prov. Fig. 5, section 2.2.5 page-35). CPA configuration scenarios radio resources, map/de-map, PDCP and RRM [0019-0037] (prov. CPA and SN addition steps page-6 and page-7). List of QoS flow per PDU session, split bearers. Specifically includes: CHO execution conditions and release resources after successful completions of CHO procedures [0014-0016, 0117] (prov. page-4 ).
Da Silva motive to provide RRC-reconfiguration includes implementation presented in reconfiguration-IE includes daps in RRC reconfiguration as part of reconfiguration-Sync more specifically dual connectivity multi-radio and didn’t include dual active protocol stack connection reconfiguration setting for bearers to be used for dual active protocol stack operation. Dual active or multiple active protocol stack has significance in dual connectivity. Besides physical L1 layer, L2 layer includes Mac/RLC/PDCP for logical channel resources. Radio bearers used for service provide between protocol layers in user plane and control plane functionalities. Interfaces between network element associated with protocol stack.
Someone would recognize the disclosure of Kim to include protocol QoS flow to maintain multi connectivity uses radio bearer configurations.
Motivation would be to use enhanced procedure includes multiple connection and simultaneous multiple active protocol stacks procedure that reduce latency and increase success probability with more reliability and redundancy (disclosure Kim [0035-0046]).
Disclosure Kim, Fig. 1B depicts core network connected multiple AMF/UPF share load and redundancy [0076]. Further aggregated cells configured to uplink channel and component carriers. Includes, transmission in UCI of Pcell and PScells, overloading can be prevented.
Similar to Claim 18 disclosed above, ‘wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least: to maintain the at least one bearer at the first communication link when the execution condition of the conditional secondary cell addition procedure is determined to be met and to remap the at least one bearer to the second communication link when the second communication link is established.’
Regarding Claim 22,
‘The apparatus according to claim 15 ‘(disclosed above),
Kim discloses, ‘wherein the at least one memory and the instructions are further configured to, with the at least one processing circuitry, cause the apparatus at least: when a multi-connectivity communication is established in the communication network in which at least two communication links are used to at least two different cells controlled by at least one communication network control element or function (Fig. 33 includes multi-connectivity communication is established in the communication network two different cells, cell 1 and cell2. BS provides configuration of multiple active protocol stacks and reconfiguration sync for SCG addition or CPA procedure [0413-0414]. Two communication/parallel/simultaneous activation [0349-0351]),
And, Da Siliva discloses, ‘to receive, from a communication network control element or function controlling the cell to which the first communication link is established, a further connection reconfiguration information set regarding a modification of the first and second communication links,
wherein the further connection reconfiguration information set includes information indicating a condition for remapping at least one specified bearer from the first communication link to the second communication link,
to detect, as the condition for remapping the at least one specified bearer from the first communication link to the second communication link,
whether a specified measurement event is met which is associated with a measurement for at least one of the first communication link and the second communication link,
and to apply a connection reconfiguration at the first and second communication links according to the further connection reconfiguration information set when it is detected that the condition is met.’
Regarding connection reconfiguration information set regarding a modification of the first and second communication links Fig. 4 and disclosed above Claim 15. Multi-link radio connectivity of secondary node, SCG modification, conditional reconfiguration procedures, bearer modify/release/re-configured and CG-config-message [0018], [0166], [0233] and [0303].
And, further connection reconfiguration setting includes bearer configuration of first communication link and second link. Similar procedures of bearer configuration in Fig. 3 [0020-0036]. communication And, measurement steps includes in Fig. 4 before SN node addition in step 1.
Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Da Silva and to include with that of Kim to come up with the claim invention,
Disclosure Da Silva motive to reduce service interruption activation of multi-radio dual connectivity [0036] (prov. page-7). Kim complements the motive to avoid service disruption includes dual protocol stack procedure provide more reliability [0476]. Da Silva include multi-radio dual connectivity and communication between two cells for CHO procedures (Fig. 1 and Fig. 2) and modification of first and second link .And didn’t disclose multi-connectivity communication is established as disclosed by Kim, uses multiple protocol layers stacks and dual protocol stack to reduce latency. Multi-radio dual connectivity communication between more than one cell or two cells would provide more redundancy to allow more transmission. When disrupted with modification and reconfiguration sync procedure would reduce time to service disruption and meet SLA.
Response to Arguments
Applicant's arguments filed 11/03/2025 have been fully considered but they are
not persuasive.
Arguments and Examiners response,
With respect to applicant’s arguments/remarks, examiner responses are,
Regarding the applicant argument 35 USC 112(a) rejection, page-10, paragraph “A. The Claims Satisfy the Written Description requirement”, “Claims 15 and 17 (and by extension claim 20) stand rejected as failing to comply with the written description requirement. In particular, the Examiner asserts that the recitation of "a remapping condition controlling a timing for remapping at least one specified bearer…" and “It is well settled that "the test for sufficiency [of the written description] is whether the disclosure of the application relied upon reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date…", Examiner respectfully disagree regarding the written description requirement and not persuasive.
Applicant distinguishes their invention the second configuration from the presented prior art, “a remapping condition controlling a timing for remapping at least one specified bearer…" uses limitations “controlling a timing” that is specific to at least one bearer/radio-resources and how this is being performed, didn’t provide any form of disclosures and specific to written description requirement (page-3 to page-6 above).
This also clarifies the applicant argument, page-11, specific to written description requirement, “the description of a time duration is sufficient to fully disclose the concept of a timer for monitoring the time interval.”
Regarding the applicant argument 35 USC 112 rejection, paragraph A, page-11, "the MN provides, in addition to first reconfiguration…”, and “The specification then provides specific timing examples…", and “once the random access (RACH) access to the newly added SN, using the first configuration, is completed" (Id., p. 21, 11. 17-22); "after some time duration from accessing successfully the SN" (Id., p. 21, 11. 17-22); and "when a condition, considering e.g. radio measurements of MN and/or SN, is met…", examiner respectfully disagree and not persuasive,
Regarding the procedures of the second configuration applicant provides clarity without specific to the claim limitation of “controlling a timing for remapping at least one specified bearer…" that is critical part of the second configuration and doesn’t describe the implementation of controlling the timer.
This also applicable to applicant argument, page-11 and page-12, “A. The Claims Satisfy the Written Description Requirement”, continues last para page-11 and first to second para of page-12.
Regarding the applicant argument 35 USC 102 rejection, page-15,
paragraph “B. The Claims are Patentable over Da Silva”, “Claims 15-18, 20, 21, and 23-26 stand rejected under as being anticipated by Da Silva. It is well established that anticipation of a claim requires a single cited reference to explicitly or inherently disclose each and every element of the claimed invention…”, Examiner respectfully disagree regarding the rejection of the claims in contrast to the presented prior art “Da Silva” and arguments not persuasive,
Examiner will provide specific relevant disclosure regarding the 35 USC 102 rejections and the amended portion of the claim element as applicant argument page- “As further clarified by the present amendment, claim 15 now expressly recites that "the remapping condition is separate from the execution condition of the conditional secondary cell addition procedure..."
Da Silva in Fig. 4 distinctly includes two configuration. For clarity examiner provided specific disclosure diagram, Fig. 4, page-10 above. In Fig. 4, the first configuration includes SN-addition as part of CPA procedure, step-1 and step-2 [0155-0156]. Then receive RRC-reconfiguration-complete step-3 and step-4 [0275-0281, 0285-0290]. The disclosure evaluated the radio-conditions, step-5. Then initiates rach procedures and completed the rach-procedures includes the flow-forwarding steps.
And continuation of 102 rejection, applicant argument, page-16 “Da Silva states at paragraph [0233]: "when CPA is executed, the intent could be that a bearer such as, for example, a SN-terminated bearer is added, removed, or modified or a MN-terminated bearer may be re-configured or released”, “bearer modification is triggered by the CPA execution condition, not a separate remapping condition that controls the timing of bearer remapping.”, examiner respectfully disagree that Da Silva includes reconfiguration-with-Sync the second configuration procedures includes timer [0275-0281]. Specifically discloses, whether successfully completed the rach then stop timers. Identifies the SN-node when perform the complete [0285-0290]. And start flow-forwarding in the SN-node [0290]. Therefore, Da Silva, the second reconfiguration-synch and the rach procedure distinctly discloses the amended claim limitations.
Regarding the applicant argument 35 USC 102 rejections, page-17, “Claim 23, like claim 15, is directed to an apparatus (for use by a communication network control element or function) that sends configuration information including "a remapping condition controlling a timing for remapping at least one specified bearer…” and “Claim 26 is directed to an apparatus (for use by a SN-side communication network control element or function) that obtains a modification request including "information indicating the condition for remapping the at least one specified bearer…”, examiner presented these claim includes relevant disclosures in this office action above (page-19 to page-25).
Regarding the applicant argument 35 USC 103 rejection, page-, paragraph, “C. The Claims are Patentable over Da Silva in view of Kim” and “In particular, Kim does not teach or suggest the delayed remapping of specific bearers based on a remapping condition that is separate from the cell addition execution condition…”,
Examiner respectfully disagree, the amended claim limitations require the two configurations and Da Silva discloses the amended portion of the claim element in Fig. 4 and relevant disclosure above page-35. Examiner presented Kim to complement the claim limitation of dual active protocol stacks regarding the Claim 19 and motivation included in office action page-29 to page-30.
Regarding the applicant argument rejection on Claim 22, page-18 and page-21, Claim 22 includes claim limitation of connection-established of two links in multi-connectivity. Da Silva includes multi/dual-connectivity procedures includes dual protocol stacks and didn’t disclose two connections are established therefore the examiner complemented the multi-connectivity of two connection establishment simultaneously as required the claim limitations of Claim 22, “when a multi-connectivity communication is established in the communication network in which at least two communication links are used to at least two different cells”. Kim disclosure, [0349] “multiple protocol stacks to perform multiple RRC connection establishment procedures overlapping in time (e.g. in parallel, simultaneously)”. And procedures Kim [0350-0351] includes the reduce latency and the probability success. Most important motivation of dual/multi-connectivity examiner presented, redundancy and increase of reliability of the communication network reduces the service disruption and increase the service continuity.
Examiner respectfully thanks to applicant and attorney for their time and effort.
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure:
Universal Mobile Telecommunications System (UMTS); LTE; 5G; NR; Multi-connectivity; Overall description; Stage-2 (3GPP TS 37.340 version 16.2.0 Rel-16) NR; Multi-connectivity; Overall description; Stage-2. Multi-connectivity SN-Addition, page-26,
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Secondary Node Modification section 10.3 page-29.
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SHIH et al. (US20190166646A1) “Methods and related devices for multi-connectivity”.
5G; NR; Radio Resource Control (RRC); Protocol specification (3GPP TS 38.331 version 15.10.0 Rel-15) NR, 2020. Timer, page-447; CG-config page-471 to 472.
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/S.A./Examiner, Art Unit 2466
/C.M.C/Primary Examiner, Art Unit 2466
Prosecution Insights