DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is responsive to amendments filed on 06/11/2026. Claim 4 is previously cancelled. Claims 1, 8 and 9 are currently amended. Claims 1-3, 5-9 are pending for examination.
Response to Arguments
2. Applicant’s arguments filed on 06/11/2026 with respect to claims 1, 8 and 9 have been considered but are moot in view of the new ground of rejection necessitated by applicant’s amendment.
Claim Rejections - 35 USC § 103
3. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. Claims 1-3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Nagasaka (US 2016/0128098 A1) in view of Wang_1 (US 2018/0359666 A1).
Regarding claim 1, Nagasaka teaches a first base station (eNB 200—Fig. 3) used in a mobile communication system, the first base station (200) comprising:
a wireless communicator (210-Fig. 3) configured to perform wireless ([0001]) communication with user equipment (UE 100-1) ([0117], Fig. 9, eNB 200 notifies UE 100-1 by cellular communication unit 210 of preamble information indicating a RAP to be used for RA procedure when the UE 100-1 establishes a connection with the eNB 200.) (Hence 210 of eNB 200 performs wireless communication with UE.); and
a controller (240—Fig. 3; [0053]- processor 240 configure a controller) configured to control the wireless communicator(210-Fig. 3) ([0117], the processor 240 of the eNB 200 notifies the UE 100-1, by the cellular communication unit 210, of preamble information.) (Hence, obvious controller of the eNB 200 controls the 210.), wherein
the wireless communicator (210-Fig. 3) is configured to transmit, to the user equipment (UE 100-1), a connection instruction of causing the user equipment (UE 100-1) to connect to second base station (AP 300) ( [0117], Fig. 9, the processor 240 of the eNB 200 notifies the UE 100-1, by the cellular communication unit 210, of preamble information. Wherein The preamble information is included in a connection instruction that is transmitted from the eNB 200 and that instructs a connection to the AP 300.) (Hence the 210 of the eNB 200 transmits to the UE, a connection instruction of causing the UE to connect to the AP 300.), and
Nagasaka does not teach wherein the controller is configured to determine whether a congestion level of a second base station being higher than a predetermined level, the wireless communicator is configured to acquire a random access preamble from a second base station, in response to determining that the congestion level of the second base station being higher than the predetermined level, transmit, to the user equipment, a connection instruction of causing the user equipment to connect to the second base station, the connection instruction including the random access preamble acquired from the second base station, wherein the congestion level comprises at least one of a use rate of radio resources of the second base station and a number of user equipment connected to the second base station.
However, in an analogous art, Wang_1 teaches a first base station (source BS 500—Fig. 5) used in a mobile communication system, the first base station comprising:
wherein the controller (503 of source BS—Fig. 5; [0264]) is configured to determine whether a congestion level of a second base station (target BS) (a number/quantity of UEs connected to target BS) being higher(greater) than a predetermined (preset) level (threshold) ( [0167], FIG. 3-1, Operation 302—Determine {by source BS—see [0161]} whether a quantity of second UEs handed over from source base station to target base station within a preset time period is greater than a preset quantity threshold.)(Hence the target BS determines a congestion level of target BS/no of UEs connected to the target BS is higher than threshold.),
the wireless communicator(502 of source BS—Fig. 5; [0264]) is configured to acquire a random access preamble from a second base station (target BS), in response to determining that the congestion level of the second base station (target BS) (a number/quantity of UEs connected to target BS) being higher(greater) than the predetermined level(threshold)( [0170], When quantity (i.e. 2) of second UEs handed over from source base station to target base station within preset time period is greater than preset quantity threshold(i.e. 1), the source base station obtains the time information; wherein the time information includes a first time point at which the target base station receives a random access preamble sent by the second UE, and a second time point at which the random access preamble is detected by the source base station.) (Hence the source BS receives a preamble from the target BS, based on determining that a congestion level of target BS/no of UEs connected to the target BS is higher than threshold.),
transmit, to the user equipment (second UEs), a connection instruction of causing the user equipment(second UEs) to connect to the second base station(target BS), the connection instruction including the random access preamble( [0196]& [0197], The source base station sends a handover instruction to the to-be-handed-over UE. The handover instruction includes the target random access preamble.) acquired from the second base station(source BS)([0170], the source base station obtains the time information; wherein the time information includes a first time point at which the target base station receives a random access preamble sent by the second UE, and a second time point at which the random access preamble is detected by the source base station; wherein the first time points and the second time points are recorded by the source base station in processes in which the two second UEs are handed over to the target base station.)(Hence the source BS transmits to the 2nd UEs, a connection instruction/handover instruction {that includes the received preamble from the target BS} to connect to the target BS.),
wherein the congestion level comprises at least one of a use rate of radio resources of the second base station(not selected) and a number(quantity) of user equipment (second UEs) connected to the second base station(target BS)( [0167], FIG. 3-1, Operation 302— Determine {by source BS—see [0161]} whether a quantity of second UEs handed over from source base station to target base station within a preset time period is greater than a preset quantity threshold.) (Hence the congestion level comprises a number/quantity of 2nd UEs connected to the target BS.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to take the teaching of Wang_1 and apply them on the teaching of Nagasaka- Cheng to provide a method enables triggering UE to be switched to switch to the pre-determined target base station so as to achieve time synchronization with the target base station and solve lower flexibility of time synchronization between base stations and improve flexibility of time synchronization between the source base station and the target base station(Wang_1; Abstract).
Regarding claim 2, Nagasaka further teaches wherein the connection instruction is an instruction of causing the user equipment (UE) to connect to the second base station (target network node) while maintaining connection between the user equipment and the first base station (serving network node) ([0117], Fig. 9, the processor 240 of the eNB 200 notifies the UE 100-1, by the cellular communication unit 210, of preamble information. Wherein The preamble information is included in a connection instruction that is transmitted from the eNB 200 and that instructs a connection to the AP 300. It is obvious connection instruction is a instruction of causing the UE to connect to the target node, while maintaining connection between the UE and the serving node.).
Regarding claim 3, Nagasaka further teaches wherein a wireless communication scheme(cellular) to which the first base station(eNB) conforms ([0086], UE 100 performs cellular communication with the eNB 200.) is different from a wireless communication scheme (WLAN) to which the second base station (AP) conforms ([0126], UE 100 performs WLAN communication with the AP 300.) (Hence comm scheme is different.).
Regarding claim 9, Nagasaka teaches a mobile communication system (Fig. 1; [0040]) comprising:
user equipment (UE 100-1—Fig. 1); and
a first base station (eNB 200-Fig. 1) configured to perform communication with second base station (AP 300-Fig. 1)([0046]; the 200 and the 300 performs comm.) and perform communication with the user equipment (UE 100-1)([0042], the 200 and the UE performs comm.), wherein
the first base station (eNB 200) is configured to include a random access (RACH) preamble in a connection instruction of causing the user equipment (UE) to connect to the second base station (AP 300) ([0117], Fig. 9, eNB 200 notifies UE 100-1, preamble information. Wherein The preamble information is included in a connection instruction that is transmitted from the eNB 200 and that instructs a connection to the AP 300.) (Hence eNB 200 includes a RAP to the UE, a connection instruction of causing the UE to connect to the AP 300.),
when the first base station is configured to transmit, the connection instruction to the user equipment ([0117], Fig. 9, eNB 200 transmits a connection instruction to UE.).
Nagasaka does not teach wherein the first base station is configured to determine whether a congestion level of the second base station being higher than a predetermined level, the first base station is configured to acquire a random access preamble from the second base station, in response to determining that the congestion level of the second base station being higher than the predetermined level, the first base station is configured to transmit, to the user equipment, a connection instruction of causing the user equipment to connect to the second base station, include a random access preamble acquired from the second base station in a connection instruction of causing the user equipment to connect to the second base station, in response to a congestion level of the second base station being higher than a predetermined level, the connection instruction including the random access preamble acquired from the second base station, wherein the congestion level comprises at least one of a use rate of radio resources of the second base station and a number of user equipment connected to the second base station
However, in an analogous art, Wang_1 teaches a mobile communication system (Fig. 1;) comprising:
wherein the first base station (source BS) is configured to determine whether a congestion level of a second base station (target BS) (a number/quantity of UEs connected to target BS) being higher(greater) than a predetermined (preset) level (threshold) ( [0167], FIG. 3-1, Operation 302—Determine {by source BS—see [0161]} whether a quantity of second UEs handed over from source base station to target base station within a preset time period is greater than a preset quantity threshold.)(Hence the target BS determines a congestion level of target BS/no of UEs connected to the target BS is higher than threshold.),
wherein the first base station (source BS) is configured to acquire a random access preamble from a second base station (target BS), in response to determining that the congestion level of the second base station (target BS) (a number/quantity of UEs connected to target BS) being higher(greater) than the predetermined level(threshold)( [0170], When quantity (i.e. 2) of second UEs handed over from source base station to target base station within preset time period is greater than preset quantity threshold(i.e. 1), the source base station obtains the time information; wherein the time information includes a first time point at which the target base station receives a random access preamble sent by the second UE, and a second time point at which the random access preamble is detected by the source base station.) (Hence the source BS receives a preamble from the target BS, based on determining that a congestion level of target BS/no of UEs connected to the target BS is higher than threshold.),
wherein the first base station (source BS) is configured to transmit, to the user equipment (second UEs), a connection instruction of causing the user equipment (second UEs) to connect to the second base station (target BS)( [0196]& [0197], The source base station sends a handover instruction to the to-be-handed-over UE/second UE{to connect to the target BS—[0170]}),
include the random access preamble ( [0196]& [0197], The source base station sends a handover instruction to the to-be-handed-over UE. The handover instruction includes the target random access preamble.) acquired from the second base station(source BS)in a connection instruction of causing the user equipment(second UEs) to connect to the second base station(target BS), in response to a congestion level of the second base station(target BS) being higher than a predetermined level, the connection instruction including the random access preamble acquired from the second base station(target BS) ([0170], the source base station obtains the time information; wherein the time information includes a first time point at which the target base station receives a random access preamble sent by the second UE, and a second time point at which the random access preamble is detected by the source base station; wherein the first time points and the second time points are recorded by the source base station in processes in which the two second UEs are handed over to the target base station.) (Hence the source BS transmits to the 2nd UEs, a connection instruction/handover instruction {that includes the received preamble from the target BS} to connect to the target BS.),
wherein the congestion level comprises at least one of a use rate of radio resources of the second base station(not selected) and a number(quantity) of user equipment (second UEs) connected to the second base station(target BS)( [0167], FIG. 3-1, Operation 302— Determine {by source BS—see [0161]} whether a quantity of second UEs handed over from source base station to target base station within a preset time period is greater than a preset quantity threshold.) (Hence the congestion level comprises a number/quantity of 2nd UEs connected to the target BS.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to take the teaching of Wang_1 and apply them on the teaching of Nagasaka- Cheng to provide a method enables triggering UE to be switched to switch to the pre-determined target base station so as to achieve time synchronization with the target base station and solve lower flexibility of time synchronization between base stations and improve flexibility of time synchronization between the source base station and the target base station(Wang_1; Abstract).
5. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nagasaka (US 2016/0128098 A1) in view of Wang_1 (US 2018/0359666 A1), further in view of Gopala (US 2016/0302233 A1).
Regarding claim 5, Nagasaka- Wang_1 does not teach wherein the controller is configured to control the wireless communicator to transmit, to the user equipment, the connection instruction not including the random access preamble, in response to the congestion level of the second base station being below the predetermined level.
However, in an analogous art, Gopala teaches The first base station (BS 14) according to claim 1, wherein the controller is configured to control the wireless communicator to transmit([0041];), to the user equipment (UE), the connection instruction not including the random access(RACH) preamble, in response to the congestion level of the second base station(BS 16) being below the predetermined level ([0025]; [0018]; [0010]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to take the teaching of Gopala and apply them on the teaching of Nagasaka- Wang_1 to suspend transmitting of subsequent random access preamble transmissions for a transmit hold duration in response to determining failure of downlink channel quality measurement to meet downlink channel quality threshold (Gopala; [0010]).
6. Claims 6, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Nagasaka (US 2016/0128098 A1) in view of Wang_1 (US 2018/0359666 A1), further in view of Wang_2 (US 2016/0150570 A1).
Regarding claims 6, Nagasaka- Wang_1 do not teach wherein the controller is configured to control the wireless communicator to transmit, to the user equipment, the connection instruction including the random access preamble, according to a fact that a service type used by the user equipment is a delay-tolerable service.
However, in an analogous art, Wang_2 teaches wherein the controller is configured to control the wireless communicator to transmit ([0106]; [0028]), to the user equipment(UE), the connection instruction including the random access(PRACH) preamble, according to a fact that a service type used by the user equipment (UE) is a delay-tolerable service ( [0058], base station broadcast RA configuration information for other UEs that run delay-tolerant MTC services and require coverage enhancement, including PRACH preamble.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to take the teaching of Wang_2 and apply them on the teaching of Nagasaka- Wang_1 to provide a method enables sending and receiving the PRACH configuration parameter for the user equipment so as to raise resource utilization rate of the user equipment supported by a LTE, thus improving spectrum/energy efficiency and reducing conflicts of time/frequency resources between cells (Wang; Abstract).
Regarding claims 7, Nagasaka- Wang_1 do not teach wherein the controller is configured to control the wireless communicator to transmit, to the user equipment, the connection instruction not including the random access preamble, according to a fact that the service type used by the user equipment is not the delay- tolerable service.
However, in an analogous art, Wang_2 teaches wherein the controller is configured to control the wireless communicator to transmit ([0106]; [0028]), to the user equipment (UE), the connection instruction not including the random access (PRACH) preamble, according to a fact that the service type used by the user equipment (UE) is not the delay- tolerable service ([0058], base station broadcast RA configuration information for other UEs that run delay-tolerant MTC services and require coverage enhancement, including PRACH preamble. Hence it is obvious the base station does not transmit RAP according to a not delay-tolerable service of UE.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to take the teaching of Wang_2 and apply them on the teaching of Nagasaka- Wang_1 to provide a method enables sending and receiving the PRACH configuration parameter for the user equipment so as to raise resource utilization rate of the user equipment supported by a LTE, thus improving spectrum/energy efficiency and reducing conflicts of time/frequency resources between cells (Wang; Abstract).
Claim Rejections - 35 USC § 102
7. 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.
8. Claim 8 is rejected under 35 U.S.C. 102(a) (1) as being anticipated by Wang_1 (US 2018/0359666 A1).
Regarding claim 8, Wang_1 teaches a control method performed by a first base station (source BS) performing communication with second base station (target BS) and performing communication with user equipment (second UE) in a mobile communication system, the control method comprising:
determining whether a congestion level of a second base station (target BS) (a number/quantity of UEs connected to target BS) being higher(greater) than a predetermined (preset) level (threshold) ( [0167], FIG. 3-1, Operation 302—Determine {by source BS—see [0161]} whether a quantity of second UEs handed over from source base station to target base station within a preset time period is greater than a preset quantity threshold.)(Hence the target BS determines a congestion level of target BS/no of UEs connected to the target BS is higher than threshold.),
acquiring a random access preamble from a second base station (target BS), in response to determining that the congestion level of the second base station (target BS) (a number/quantity of UEs connected to target BS) being higher(greater) than the predetermined level(threshold)( [0170], When quantity (i.e. 2) of second UEs handed over from source base station to target base station within preset time period is greater than preset quantity threshold(i.e. 1), the source base station obtains the time information; wherein the time information includes a first time point at which the target base station receives a random access preamble sent by the second UE, and a second time point at which the random access preamble is detected by the source base station.) (Hence the source BS receives a preamble from the target BS, based on determining that a congestion level of target BS/no of UEs connected to the target BS is higher than threshold.),
transmitting, to the user equipment (second UEs), a connection instruction of causing the user equipment(second UEs) to connect to the second base station(target BS), the connection instruction including the random access preamble( [0196]& [0197], The source base station sends a handover instruction to the to-be-handed-over UE. The handover instruction includes the target random access preamble.) acquired from the second base station(source BS)([0170], the source base station obtains the time information; wherein the time information includes a first time point at which the target base station receives a random access preamble sent by the second UE, and a second time point at which the random access preamble is detected by the source base station; wherein the first time points and the second time points are recorded by the source base station in processes in which the two second UEs are handed over to the target base station.)(Hence the source BS transmits to the 2nd UEs, a connection instruction/handover instruction {that includes the received preamble from the target BS} to connect to the target BS.),
wherein the congestion level comprises at least one of a use rate of radio resources of the second base station(not selected) and a number(quantity) of user equipment (second UEs) connected to the second base station(target BS)( [0167], FIG. 3-1, Operation 302— Determine {by source BS—see [0161]} whether a quantity of second UEs handed over from source base station to target base station within a preset time period is greater than a preset quantity threshold.) (Hence the congestion level comprises a number/quantity of 2nd UEs connected to the target BS.).
Conclusion
9. Applicant's amendment necessitated the new ground(s) of rejection presented in
this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEHEDI S ALEY whose telephone number is (571)270-0439. The examiner can normally be reached Mon, Thus, Fri: 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey M Rutkowski can be reached at 571-270-01215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MEHEDI S ALEY/Examiner, Art Unit 2415
/JEFFREY M RUTKOWSKI/Supervisory Patent Examiner, Art Unit 2415
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