DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/10/2026 has been entered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The instant first office action is in response to communication filed on 02/10/2025.
Claims 1-20 are pending of which claims 1 and 11 are the base independent claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Further, the amended limitations are in fact taught by the previously cited prior art along with newly cited prior art. For a detailed explanation on how the prior art and the newly cited prior art reads on the claims as amended, please see the rejection below.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tianyang (WO 2022/190286) and in view of Kim (WO2023003194 A1).
Regarding claim 1 and 11, Tianyang’286 discloses a method for dynamically de-activating a secondary cell group (SCG) of dual connectivity(see para.0003-0004, which discusses dual connection (MR-DC) is being considered, and for example, a SCG deactivation, see para.0077, see para.0008, which discusses a terminal (UE 200) that includes a transceiver unit (wireless communication unit 210) that transmits and receives radio signals via a secondary cell group, and a control unit (control unit 240) that deactivates the secondary cell group depending on the state of the secondary cell group, where the control unit is a terminal (UE 200) that deactivates the secondary cell group when a timer related to reconfiguration of radio resources in the secondary cell group expires or when a problem occurs in the initial access procedure ), comprising:
checking if at least one radio frequency (RF) band used by the SCG meets a pre-defined criterion (see para.0077, which discusses the SCG…to use a higher frequency band, thus checking), wherein the pre-defined criterion is checked to determine whether the at least one RF band used by the SCG belongs to at least one pre-defined RF band(see para.0077, which discusses SCG is more likely to use a higher frequency band (e.g., 24.25 GHz to 52.6 GHz (FR2) or 52.6 GHz or higher) than the MCG, making the propagation conditions of the wireless signal (radio wave) more unstable, thus checked to determine whether the at least one RF band used by the SCG belongs to at least one pre-defined RF band); and
in response to the at least one RF band meeting the pre-defined criterion(see para.0077, which discusses the SCG…to use a higher frequency band, thus checking), de-activating the SCG(see para.0077, which discusses deactivating the SCG in this manner that the SCG…to use a higher frequency band), wherein the at least one RF band comprises the first RF band(see para.0077, which discusses SCG is more likely to use a higher frequency band (e.g., 24.25 GHz to 52.6 GHz (FR2) or 52.6 GHz or higher) than the MCG, thus first RF band FR2).
Although Tianyang’286 discloses checked to determine whether the at least one RF band used by the SCG belongs to at least one pre-defined RF band(see para.0077, which discusses SCG is more likely to use a higher frequency band (e.g., 24.25 GHz to 52.6 GHz (FR2) or 52.6 GHz or higher) than the MCG, making the propagation conditions of the wireless signal (radio wave) more unstable, thus checked to determine whether the at least one RF band used by the SCG belongs to at least one pre-defined RF band), Tianyang’286 does not explicitly show the use of “a check result of checking if a first RF band included in a plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion is different from a check result of checking if a second RF band included in the plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion, where the first RF band is different from the second RF band… but does not comprise the second RF band” as required by present claimed invention. However, including “a check result of checking if a first RF band included in a plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion is different from a check result of checking if a second RF band included in the plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion, where the first RF band is different from the second RF band… but does not comprise the second RF band” would have been obvious to one having ordinary skill in the art as evidenced by Kim’194.
In particular, in the same field of endeavor, Kim’194 teaches the use of check result of checking if a first RF band included in a plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion(see para.0263-0264, which discusses if the terminal (301) can determine whether the use of the FR1 band or the FR2 band is restricted in the NR activation state (LTE connected with NR setup state), the terminal (301) can stop the use of the non-preferred band by transmitting an A2NR measurement report or an SCG failure information message to stop NR, see para.0270, which discusses Since the terminal (301) generates more heat when using the FR2 band compared to when using the FR1 band, thus checking results generates more heat as criterion when using FR2, see also pra.0299, which discusses the terminal (301) can compare the maximum supportable DL and UL Data Rate of the network with the maximum DL and UL Data Rate when the terminal (301) uses the FR1 band or the FR2 band to determine the priority when NR is activated….if the DL and UL Maximum Data Rates that can be supported by the network satisfy the DL and UL Maximum Data Rates of the FR2 band according to the terminal capability, the terminal (301) can update the measurement order information to set a higher priority to FR2, see also para.0326, which discusses…an operation of generating the measurement order information based on a temperature of the terminal, a data throughput, a battery status, or a maximum transmission power value of the terminal) is different from a check result of checking if a second RF band included in the plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion(see para.0263-0264, which discusses if the terminal (301) can determine whether the use of the FR1 band or the FR2 band is restricted in the NR activation state (LTE connected with NR setup state), the terminal (301) can stop the use of the non-preferred band by transmitting an A2NR measurement report or an SCG failure information message to stop NR, see para.0270, which discusses Since the terminal (301) generates more heat when using the FR2 band compared to when using the FR1 band, thus checking results and difference generates less heat as criterion when using FR1 compare to FR2 that generates more heat, see also pra.0299, which discusses the terminal (301) can compare the maximum supportable DL and UL Data Rate of the network with the maximum DL and UL Data Rate when the terminal (301) uses the FR1 band or the FR2 band to determine the priority when NR is activated….if the DL and UL Maximum Data Rates that can be supported by the network satisfy the DL and UL Maximum Data Rates of the FR2 band according to the terminal capability, the terminal (301) can update the measurement order information to set a higher priority to FR2, see also para.0326, which discusses…an operation of generating the measurement order information based on a temperature of the terminal, a data throughput, a battery status, or a maximum transmission power value of the terminal), where the first RF band is different from the second RF band(see para.0299, which shows FR2 is different from FR1, see also para.0270), wherein the at least one RF band comprises the first RF band but does not comprise the second RF band(see para.0299, which shows the least one RF band comprises F2 is not FR1, see also para.0270).
In view of the above, having the system of Tianyang’286 and then given the well-established teaching of Kim’194, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Tianyang’286 to include a check result of checking if a first RF band included in a plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion is different from a check result of checking if a second RF band included in the plurality of pre-defined RF bands supported by the SCG meets the pre-defined criterion, where the first RF band is different from the second RF band… but does not comprise the second RF band” as taught by Kim’194, since Kim’194 stated in para.0006+ that such a modification would provide efficiency that can be improved when a terminal selects a frequency band for NR operation.
Regarding claim 2 and 12, Tianyang’286 discloses wherein the at least one RF band is a 5G New Radio (NR) band(see para.0077, which discusses higher frequency band (e.g. 24.25 to 52.6 GHz(F2) or 52.6 GH or higher, see para.0014, 0020).
Regarding claim 3 and 13, Tianyang’286 discloses wherein checking if the at least one RF band used by the SCG meets the pre-defined criterion comprises: in response to receiving a power saving event(see para.0003, which discusses n/deactivation) is being considered with the main purpose of reducing the power consumption of terminals (User Equipment, UE)), checking if the at least one RF band meets the pre-defined criterion (see para.0077, which discusses higher frequency band (e.g. 24.25 to 52.6 GHz(F2) or 52.6 GH or higher, see para.0014, 0020).
Regarding claim 4 and 14, Tianyang’286 discloses wherein checking if the at least one RF band used by the SCG meets the pre-defined criterion comprises: checking a band number of the at least one RF band(see para.0077, which discusses higher frequency band (e.g. 24.25 to 52.6 GHz(F2) or 52.6 GH or higher, see para.0014, 0020, thus F2).
Regarding claim 5 and 15, Tianyang’286 discloses wherein checking if the at least one RF band used by the SCG meets the pre-defined criterion comprises: checking a frequency of the at least one RF band(see para.0077, which discusses higher frequency band (e.g. 24.25 to 52.6 GHz(F2) or 52.6 GH or higher, see para.0014, 0020, thus F2).
Regarding claim 6 and 16, Tianyang’286 discloses wherein checking if the at least one RF band used by the SCG meets the pre-defined criterion further comprises: checking a bandwidth of the at least one RF band (see para.0077, which discusses higher frequency band (e.g. 24.25 to 52.6 GHz(F2) or 52.6 GH or higher, see para.0014, 0020, thus 24.25 to 52.6 GHz(F2) or 52.6 GH or higher).
Regarding claim 7 and 17, Tianyang’286 discloses wherein checking if the at least one RF band used by the SCG meets the pre-defined criterion further comprises: checking a bandwidth of the at least one RF band(see para.0077, which discusses higher frequency band (e.g. 24.25 to 52.6 GHz(F2) or 52.6 GH or higher, see para.0014, 0020, thus 24.25 to 52.6 GHz(F2) or 52.6 GH or higher).
Regarding claim 8 and 18, as discussed above, although Tianyang’286 discloses wherein de-activating the SCG comprises: performing an SCG failure information procedure to inform a network (see para.0078, which discusses UE 200 reports an SCG failure information message to the network, see also para.0079-0080), Tianyang’286 does not explicitly show the use of “creating a fake measurement result; and performing an SCG failure information procedure to inform a network of the fake measurement result” as required by present claimed invention. However, including “creating a fake measurement result; and performing an SCG failure information procedure to inform a network of the fake measurement result” would have been obvious to one having ordinary skill in the art as evidenced by Kim’194.
In particular, in the same field of endeavor, Kim’194 teaches the use of creating a fake measurement result(see para.092, which discusses create fake measurement, see para.0008, generating/creating measurement result); and performing an SCG failure information procedure to inform a network of the fake measurement result(see para.092, which discusses sending a fake measurement report based on the configured A2 Event, see para.0236, which discusses the terminal (301) may transmit a fake report to the FR2 base station (420) or the FR1 base station (410)…).
In view of the above, having the system of Tianyang’286 and then given the well-established teaching of Kim’194, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Tianyang’286 to include “creating a fake measurement result; and performing an SCG failure information procedure to inform a network of the fake measurement result” as taught by Kim’194, since Kim’194 stated in para.0006+ that such a modification would provide efficiency that can be improved when a terminal selects a frequency band for NR operation.
Regarding claim 9 and 19, Tianyang’286 discloses in response to the at least one RF band meeting the pre-defined criterion (see para.0077, which discusses deactivating the SCG in this manner that the SCG…to use a higher frequency band), stop sending(see para.0094, which discusses when UE 200 autonomously deactivates the SCG, it may operate as follows. see para. 0095, which discusses Stop transmitting SCG via SRB and DRB, and BH RLC channel (if present) - Stop timer T304 (if running) - Send SCG failure information Furthermore, as shown in Figure 6, UE200 may operate as described above when autonomous SCG deactivation is configured).
As discussed above, although Tianyang’286 discloses in response to the at least one RF band meeting the pre-defined criterion (see para.0077, which discusses deactivating the SCG in this manner that the SCG…to use a higher frequency band), Tianyang’286 does not explicitly show the use of “stopping sending measurement reports to a network” as required by present claimed invention. However, including “stopping sending measurement reports to a network” would have been obvious to one having ordinary skill in the art as evidenced by Kim’194.
In particular, in the same field of endeavor, Kim’194 teaches the use of stopping sending measurement reports to a network(see para.0288, which discusses the terminal (301) can restrict the use of a specific band by blocking/stopping the transmission of a measurement report, para.0263, which discusses the terminal (301) … can block/stop the transmission of a B1-NR measurement result…).
In view of the above, having the system of Tianyang’286 and then given the well-established teaching of Kim’194, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Tianyang’286 to include “stopping sending measurement reports to a network” as taught by Kim’194, since Kim’194 stated in para.0006+ that such a modification would provide efficiency that can be improved when a terminal selects a frequency band for NR operation.
Regarding claim 10 and 20, Tianyang’286 discloses in response to the at least one RF band meeting the pre-defined criterion (see para.0077, which discusses deactivating the SCG in this manner that the SCG…to use a higher frequency band), keeping performing measurements for measurement objects that are alive(see para.0066, which discusses The UE 200 performs restricted radio resource management related measurements (Restricted RRM measurements), see para.0068, which discusses UE200 performs limited radio link monitoring (RLM)).
Conclusion
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/VINNCELAS LOUIS/Primary Examiner, Art Unit 2474