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 .
EXAMINER’S COMMENT
Response to Arguments
Regarding claim rejections under 35 USC § 112:
Applicant's arguments filed 02/08/2026 have been fully considered but they are not persuasive.
The Applicant contends:
“Without acquiescing to the propriety of the rejection and to expedite the prosecution, Applicant has amended independent claim 1 to change "in a case that" to "when." For example, amended claim 1 recites, among others, "when the terminal meets a preset condition ,,,1 Similar amendments are made to claims 9 and 12. Thus, amended claims 1, 9, and 12 are definite. Accordingly, Applicant respectfully requests that the 35 U.S.C. § 112(b) rejection be reconsidered and withdrawn.”
The Examiner disagrees, and asserts that, as indicated in the previous Office action, claims 1-19 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. The claim(s) are narrative in form and with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device.
Regarding claim 1, the recitation in line 2 of claim 1 “when the terminal meets a present condition” is indefinite because appears to be a contingent limitation rather than a positive limitation. "when" suggests a condition that might or might not occur, which can lead to ambiguity about what is actually claimed.
What happen when the terminal does not meet the present condition?
Claim 2 indicates that the terminal is also in a core network connected state. The terminal is at the same time in a core network idle state (“not established a connection with a core network”) and the terminal is in a core network connected state?
For these reasons and the reasons of the previous Office action the rejections of claim 1, 9 and 12 are maintained.
Regarding claim rejections under 35 USC § 103:
Applicant's arguments filed 02/08/2026 have been fully considered but they are not persuasive.
The Applicant contends:
“He fails to cure the deficiencies of AAPA since He also fails to disclose the above-quoted features of amended claim 1. Referring to FIG. 2, He discloses that: (1) in step S23, an access network device generates first indication information (see He, para. [0186]); (2) in step S24, the access network device sends the first indication information through short message DCI, and the terminal receives the first indication information (see He, para. [0213]); and (3) in step S25, the terminal determines, based on the first indication information, whether to receive the paging message (see He, para. [0218]). For example, the terminal in the RRC_IDLE state (e.g., terminals A and B) determines that the paging message does not need to received. The terminal in the RRC INACTIVE state (e.g., terminals C and D) determines that the paging message needs to received. See He, paras. [0221]-[0222]. Also referring to FIG. 2, He further discloses that: in step S26, the access network device sends the paging message, and the terminal determining to receive the paging message (e.g., the terminals C and D) monitors the paging message (see He, para. [0223]); and in step S27, the terminal (e.g., the terminals C and D) receives the paging message, and responds to the paging message when the terminal is a terminal paged by using the paging message (see He, para. [0227]). By responding to the paging message, the terminal may set up an RRC connection to the access network device. See He, para. [0228]. In other words, He discloses that a terminal that is in the RRC_INACTIVE state may determine to receive a paging message and monitor the paging message. However, He is silent regarding that when the terminal is in an air interface connected state and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network, the terminal monitors a paging resource at a paging occasion. Thus, He fails to disclose the following features of amended claim 1.”
The Examiner disagrees, and asserts that, as could be clearly see in figure 2, Figure 2, He discloses that the terminal is in an air interface connected state and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network.
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The terminals A, B, C and D are connected to the access network device see S24 and the terminals are not connected to the Core network.
See also the International Search Report issued in corresponding International Application No. PCT/CN2021/124931, mailed January 11, 2022, 4 pages filed in the Information Disclosure Statement (IDS) Form (SB08) with Receipt Date 04/20/2023, which agree with the present Office art rejection.
See also the Extended European Search Report issued in related European Application No. 21882044.7, mailed February 26, 2024, 12 pages filed with the Information Disclosure Statement (IDS) Form (SB08) Document has been viewed in this session with Receipt Date 04/14/2024, which agree with the present Office art rejection.
For these reasons and the reasons of the previous Office action, the rejection of claims 1, 9 and 12 as well the rejections of claims 2-8, 10-11 and 13-18 are also rejected.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 and 20-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-18 and 20-21 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device.
Regarding claim 1, the recitation in line 2 of claim 1 “when the terminal meets a present condition” is indefinite because appears to be a contingent limitation rather than a positive limitation. "when" suggests a condition that might or might not occur, which can lead to ambiguity about what is actually claimed.
Regarding claim 2, claim 2 indicates that the terminal is also in a core network connected state. The terminal is at the same time in a core network idle state (“not established a connection with a core network”) and the terminal is in a core network connected state?
Regarding claims 2-8, they are rejected because they depend directly or indirectly from claim 1 and claim 1 is rejected.
Regarding claim 9, the recitation in line 3 of claim 9 “when a terminal meets a present condition” is indefinite because appears to be a contingent limitation rather than a positive limitation. "when" suggests a condition that might or might not occur, which can lead to ambiguity about what is actually claimed.
Regarding claims 10-11 and 20-21, they are rejected because they depend directly or indirectly from claim 9 and claim 9 is rejected.
Regarding claim 12, the recitation in line 6 of claim 12 “when terminal meets a present condition” is indefinite because appears to be a contingent limitation rather than a positive limitation. "when" suggests a condition that might or might not occur, which can lead to ambiguity about what is actually claimed.
Regarding claims 13-18, they are rejected because they depend directly or indirectly from claim 12 and claim 12 is rejected.
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 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 the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPA, present Application page 1 paragraph [0003]) in view of He (US 20210314912 A1).
Regarding claim 1, AAPA discloses receiving a paging massage (present application page 1 paragraph [0003] “In Rel 16 NR, after the introduction of Multicast and Broadcast Service (MBS), a connected terminal needs to receive a paging message. For example, in order to save the overheads of a change notification of the MBS service (such as the start of the MBS service), the network side uniformly notifies terminals through paging”). AAPA doesn’t disclose when the terminal meets a preset condition, monitoring a paging resource at a paging occasion, wherein the paging resource is used to carry paging indication information, and the preset condition comprises: the terminal is in an air interface connected state and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network; and determining that there is a paging message according to the paging indication information, and receiving the paging message. He discloses that when the terminal meets a preset condition, monitoring a paging resource at a paging occasion, the paging resource is used to carry paging indication information, the preset condition comprises that the terminalis in an air interface connected state and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network (paragraph [0209], [0213]-[0224] "Manner B: When the initiator of the paging message is the core network device, or the initiators of the paging message are a core network and the access network device, both the terminal in the RRC_IDLE state and the terminal in the RRC _INACTIVE state may receive the paging message"; "S24: The access network device sends the first indication information, and the terminal receives the first indication information” “S25: The terminal determines, based on the first indication information, whether to receive the paging message. A result of determining, by the terminal, whether to receive the paging message varies with a status of the terminal” … ”For the terminal in the RRC_IDLE state, for example, “The terminal A determines, based on the value of the reserved bit in the short message DCI and a pre-learned correspondence between a reserved bit and indicated content that the paging message does not need to be received.… “For the terminal in the RRC_INACTIVE state, for example, the terminal C and the terminal D…need to receive the paging message" S24 in figure 2: Terminals in RRC idle and RRC inactive state – that are air interface connected – meet the condition for receiving a paging message based on a received paging indication.); and determining that there is a paging message according to the paging indication information, and receiving the paging message (figure 2: Terminals C and Din RRC inactive state decide to receive the paging message based on the received paging indication paragraphs [0218]-[0224] "S25: The terminal determines, based on the first indication information, whether to receive the paging message.…A result of determining, by the terminal, whether to receive the paging message varies with a status of the terminal. For the terminal in the RRC_IDLE state, for example, the terminal A…determines, based on the value of the reserved bit in the short message DCI and a pre-learned correspondence between a reserved bit and indicated content, that the paging message does not need to be received …. For the terminal in the RRC_INACTIVE state, for example, the terminal C and the terminal D…need to receive the paging message.…S26: The access network device sends the paging message, and the terminal determining to receive the paging message monitors the paging message").
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AAPA and He are analogous art because they are from the same field of communications. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate in the technique disclosed by AAPA the paging disclosed by He. The suggestion/motivation for doing so would have been to have a good solution to paging terminals (He paragraphs [0003]-[0005]). See also KSR. In the KSR case, the Court stated that in certain circumstances what is obvious to try is also obvious, such as where "there is a design need or market pressure to solve a problem, and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." Regarding hindsight, the Court found that "[r]igid preventive rules that deny fact finders recourse to common sense . . . are neither necessary under our case law nor consistent with it." The Court stated that "familiar items may have obvious uses beyond their primary purposes," analogizing an obvious invention to the fitting together of pieces to a puzzle. The Court in this regard further stated that the person of ordinary skill is also a person of ordinary creativity, and not "an automaton."
Regarding claims 9 and 20, AAPA discloses the paging resource is used to carry paging indication information (present application page 1 paragraph [0003] “In Rel 16 NR, after the introduction of Multicast and Broadcast Service (MBS), a connected terminal needs to receive a paging message. For example, in order to save the overheads of a change notification of the MBS service (such as the start of the MBS service), the network side uniformly notifies terminals through paging”). AAPA doesn’t disclose a network side device, comprising a processor, a memory, and a program or instruction stored in the memory and executable on the processor, wherein when the program or instruction is executed by the processor, perform sending configuration information used to configure that when a terminal meets a preset condition, the terminal monitors a paging resource at a paging occasion, or configures that when the terminal meets the preset condition, the terminal does not monitor the paging resource, the paging resource is used to carry paging indication information, and the preset condition comprises: the terminal is in an air interface connected state and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network. He discloses a network side device, comprising a processor, a memory, and a program or instruction stored in the memory and executable on the processor, wherein when the program or instruction is executed by the processor (figures 10-15), perform sending configuration information used to configure that when a terminal meets a preset condition, the terminal monitors a paging resource at a paging occasion, or configures that when the terminal meets the preset condition, the terminal does not monitor the paging resource, the paging resource is used to carry paging indication information, and the preset condition comprises: the terminal is in an air interface connected state and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network (paragraph [0209], [0213]-[0224] figure 2 S24-S26 "S24: The access network device sends the first indication information, and the terminal receives the first indication information” “S25: The terminal determines, based on the first indication information, whether to receive the paging message. A result of determining, by the terminal, whether to receive the paging message varies with a status of the terminal” … “For the terminal in the RRC_INACTIVE state, for example, the terminal C and the terminal D…need to receive the paging message" S24 in figure 2: Terminals in RRC idle and RRC inactive state – that are air interface connected – meet the condition for receiving a paging message based on a received paging indication. Terminal E in an RRC connected state does not meet this condition. Where a determination to receive the paging message implies monitoring a paging occasion for a paging indication for such a paging message). AAPA and He are analogous art because they are from the same field of communications. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate in the technique disclosed by AAPA the paging disclosed by He. The suggestion/motivation for doing so would have been to have a good solution to paging terminals (He paragraphs [0003]-[0005]). See also KSR above.
Regarding claim 12, AAPA discloses receiving a paging massage (present application page 1 paragraph [0003] “In Rel 16 NR, after the introduction of Multicast and Broadcast Service (MBS), a connected terminal needs to receive a paging message. For example, in order to save the overheads of a change notification of the MBS service (such as the start of the MBS service), the network side uniformly notifies terminals through paging”). AAPA doesn’t disclose a memory storing computer-readable instructions; and a processor coupled to the memory and configured to execute the computer-readable instructions when the terminal meets a preset condition, monitoring a paging resource at a paging occasion, wherein the paging resource is used to carry paging indication information, and the preset condition comprises: the terminal is in an air interface connected state; and determining that there is a paging message according to the paging indication information, and receiving the paging message and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network. He discloses a memory storing computer-readable instructions; and a processor coupled to the memory and configured to execute the computer-readable instructions (figures 2 and 10-15) and when the terminal meets a preset condition, monitoring a paging resource at a paging occasion, wherein the paging resource is used to carry paging indication information, and the preset condition comprises: the terminal is in an air interface connected state and a core network idle state, in which the terminal is connected to an access network but has not established a connection with a core network; and determining that there is a paging message according to the paging indication information, and receiving the paging message (paragraph [0209], [0213]-[0224] figure 2 S24-S26 "S24: The access network device sends the first indication information, and the terminal receives the first indication information” “S25: The terminal determines, based on the first indication information, whether to receive the paging message. A result of determining, by the terminal, whether to receive the paging message varies with a status of the terminal” … “For the terminal in the RRC_INACTIVE state, for example, the terminal C and the terminal D…need to receive the paging message" S24 in figure 2: Terminals in RRC idle and RRC inactive state – that are air interface connected – meet the condition for receiving a paging message based on a received paging indication. Terminal E in an RRC connected state does not meet this condition. Where a determination to receive the paging message implies monitoring a paging occasion for a paging indication for such a paging message). AAPA and He are analogous art because they are from the same field of communications. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate in the technique disclosed by AAPA the paging disclosed by He. The suggestion/motivation for doing so would have been to have a good solution to paging terminals (He paragraphs [0003]-[0005]). See also KSR above.
Regarding claims 2, 10, 13 and 21, AAPA and He disclose claims 1, 9 and 12, He also discloses He discloses a network side device, comprising a processor, a memory, and a program or instruction stored in the memory and executable on the processor, wherein when the program or instruction is executed by the processor (figures 10-15) and at least one of the following: the terminal is in a core network connected state; the terminal has the ability to receive a broadcast and multicast service; or the terminal is interested in a broadcast-multicast service, wherein the ability to receive a broadcast and multicast service comprises at least one of the following: a Single Cell-Point To Multipoint (SC-PTM) receiving capability or a multicast broadcast single frequency network receiving capability (figure 2).
Regarding claims 3 and 14, AAPA and He disclose claims 1 and 12, He also discloses receiving configuration information, wherein the configuration information is used to configure that when the terminal meets a preset condition, the terminal monitors a paging resource at a paging occasion, or configure that when the terminal meets the preset condition, the terminal does not monitor the paging resource (figure 2 steps S24-S26).
Regarding claims 4 and 15, He and He disclose claims 1 and 12, He also discloses at least one of the following: determining the paging occasion according to an identifier of the terminal; determining the paging occasion according to a service identifier; or determining the paging occasion according to a service type identifier, wherein the service identifier is a multicast broadcast service identifier, and the service type identifier is a multicast broadcast service type identifier (figure 2 steps S22 “S22: The access network device determines, according to the data transmission instruction, that paging needs to be initiated.”).
Regarding claims 5 and 16, AAPA and He disclose claims 1 and 13, He also discloses at least one of the following: the paging indication information indicates that there is the paging message; or the paging indication information indicates that there is a paging message carrying a multicast broadcast service (figure 2 steps S24-S26 “S25: The terminal determines, based on the first indication information, whether to receive the paging message”).
Regarding claims 6 and 17, AAPA and He disclose claims 1 and 12, He also discloses at least one of the following: dedicated paging information of the terminal; or change notification indication information of the multicast broadcast service, wherein the change notification indication information comprises at least one of the following: start indication, suspend indication, resume indication, or stop indication, wherein the paging message further carries scheduling information of the multicast broadcast service (figure 2 steps S22 “S22: The access network device determines, according to the data transmission instruction, that paging needs to be initiated.”).
Regarding claims 7 and 18, AAPA and He disclose claims 6 and 17, He also discloses at least one of the following: initiating a core network connection establishment process by the terminal when the paging message carries dedicated paging information of the terminal; preparing to receive data of the broadcast and multicast service by the terminal when the paging message carries a start indication of the broadcast and multicast service that the terminal is interested in; suspending receiving data of the broadcast and multicast service by the terminal when the paging message carries a suspend indication of the broadcast and multicast service that the terminal is interested in; resuming receiving data of the broadcast and multicast service by the terminal when the paging message carries a resume indication of the broadcast and multicast service that the terminal is interested in; or stopping receiving data of the broadcast and multicast service by the terminal when the paging message carries a stop indication of the broadcast and multicast service that the terminal is interested in (figure 2 steps S22-S27 “S25: The terminal determines, based on the first indication information, whether to receive the paging message”).
Regarding claim 8, AAPA and He disclose claim 7, AAPA also discloses at least one of the following: obtaining scheduling information of the multicast broadcast service; or monitoring a resource corresponding to the data of the broadcast-multicast service, wherein the suspending receiving data of the broadcast and multicast service by the terminal comprises at least one of the following: stopping monitoring a resource corresponding to the data of the broadcast-multicast service; or releasing scheduling information of the multicast broadcast service, wherein the resuming receiving data of the broadcast and multicast service by the terminal comprises at least one of the following: obtaining scheduling information of the multicast broadcast service again; or monitoring a resource corresponding to the data of the broadcast-multicast service again, wherein the stopping receiving data of the broadcast and multicast service by the terminal comprises at least one of the following: stopping monitoring a resource corresponding to the data of the broadcast-multicast service; or releasing scheduling information of the multicast broadcast service (present application page 1 paragraph [0003] “In Rel 16 NR, after the introduction of Multicast and Broadcast Service (MBS), a connected terminal needs to receive a paging message. For example, in order to save the overheads of a change notification of the MBS service (such as the start of the MBS service), the network side uniformly notifies terminals through paging”)
Regarding claim 11, AAPA and He disclose claim 9, He also discloses at least one of the following that the terminal monitors the paging resource at the paging occasion when the preset condition is met or that the terminal does not monitor the paging resource when the preset condition is met: terminal security state information; or terminal service state information, wherein the terminal security state comprises any one of the following: a state in which the terminal has succeeded verification by a core network; or a state in which the terminal has failed verification by a core network, wherein the terminal service state comprises any one of the following: a state in which the terminal is interested in a specific service; or a state in which the terminal is not interested in a specific service (figure 2 steps S24-S26 “S25: The terminal determines, based on the first indication information, whether to receive the paging message”)
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN A TORRES whose telephone number is (571)272-3119. The examiner can normally be reached M-F 9-5.
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/JUAN A TORRES/ Primary Examiner, Art Unit 2634
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