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 .
Election/Restrictions
This application contains claims directed to the following patentably distinct species:
Claims 1-10 are drawn to the first species. First species drawn to first communication device performing RLF recovery process, classified in H04W 36/305.
Claims 11-12 are drawn to the second species. Second species drawn to a first donor network device, which is directed toward setting up a connection to the first donor network device based on topology relationship, classified in H04W 76/19
The species are independent or distinct because they are not disclosed as capable of use together and they are not connected in any of design, operation, or effect under the disclosure (MPEP 806.04(b)). In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, no
claims are generic.
There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
a) The inventions have acquired a separate status in the are in view of their different classification; and
b) The inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of
patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
In response to the species requirement and Applicant’s election with traverse, the Examiner has regrouped the claims species and explain the search burden (see above for the groups and items a) and b)). Since Applicant elected first species (claims 1-10), Examiner examined the elected species.
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 (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 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)(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.
Claim(s) 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ishii (WO 2020/059633).
Regarding claim 7, Ishii discloses a communication apparatus (fig. 8 [UE/IAB Child node]), wherein the communication apparatus comprises a processor (paragraph 15 discloses a processor) coupled to a memory (paragraph 15 discloses a memory), the memory is configured to store a non-transitory instructions, and the processor is configured to execute the non-transitory instructions to thereby cause the communication apparatus to perform operations comprising:
receiving first information from a first communication device (see at least paragraphs 38 and 42 and fig. 8 discloses the UE/IAB child node, which corresponds to second device, receiving an Upstream RLF notification from Node A), wherein the first information is useable to indicate that the second communication device is configured to send a radio resource control (RRC) re-establishment request message, or the first information is useable to indicate that the second communication device is configured to receive system information from the first communication device, the second communication device is configured to communicate with a first donor network device via the first communication device (see at least paragraphs 38 and 42 and fig. 8 discloses the UE/IAB child node receiving an Upstream RLF notification from Node A; RRC reestablishment procedure initiated based on the Upstream RLF notification ); sending the radio resource control (RRC) re-establishment request message based on the first information (see at least paragraphs 38 and 42 and fig. 8 discloses the UE/IAB child node sending RRC reestablishment request); and the communication apparatus is the second communication device or is included in the second communication device (see at least fig. 8 [UE/IAB Child node]).
Regarding claim 8, Ishii discloses the sending the RRC re-establishment request message based on the first information comprises: receiving the system information from the first communication device based on the first information; determining that a second donor network device and the first donor network device are different network devices; and sending the RRC re-establishment request message (paragraph 42-43).
Regarding claim 9, Ishii discloses the system information comprises an identifier of the second donor network device or length information of the identifier of the second donor network device (paragraph 52).
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 the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
The factual inquiries 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.
Claims 1-6 are rejected under 35 U.S.C. 103(a) as being unpatentable over 3GPP TR 38.874 0.7.0 (2018-11) Study on Integrated Access and Backhaul (release 15) (hereinafter 3GPP) in view of Ishii (WO 2020/059633).
Regarding claim 1, 3GPP discloses a communication apparatus (fig. 9.7.13-6, [IAB-node 5]), wherein the communication apparatus comprises a processor (fig. 9.7.13-6 network node inherently includes processor) coupled to a memory (fig. 9.7.13-6 network node inherently includes memory), the memory is configured to store a non-transitory instructions, and the processor is configured to execute the non-transitory instructions to thereby cause the communication apparatus to perform operations comprising: performing a radio link failure (RLF) recovery process, and connecting to a second donor network device (fig. 9.7.13-6, [IAB-Donor DU2]) in response to an RLF occurring on a first communication device (fig. 9.7.13-6, [IAB-node 5]) connected to a first donor network device (fig. 9.7.13-6, [IAB-Donor DU1]) (fig. 9.7.13-6, [step 4] and page 97 [step 4] discloses recover step corresponding performing RRC connection reestablishment procedure); determining that the first donor network device and the second donor network device are different network devices (fig. 9.7.13-6 [Adapt Route B]); and the communication apparatus is the first communication device or is included in the first communication device (fig. 9.7.13-6, [IAB-node 5]).
3GPP specifically does not disclose sending first information to a second communication device, wherein the first information is useable to indicate that the second communication device is configured to send a radio resource control (RRC) re-establishment request message, or the first information is useable to indicate that the second communication device is configured to receive system information from the first communication device, the second communication device is configured to communicate with the first donor network device via the first communication device. However, Ishii from the same or similar fields of endeavor teaches sending first information to a second communication device, wherein the first information is useable to indicate that the second communication device is configured to send a radio resource control (RRC) re-establishment request message, or the first information is useable to indicate that the second communication device is configured to receive system information from the first communication device, the second communication device is configured to communicate with the first donor network device via the first communication device (see at least paragraphs 38 and 42 and fig. 9A discloses Node A sending to the UE/IAB child node, which corresponds to second device, an Upstream RLF notification; RRC reestablishment procedure initiated based on the Upstream RLF notification ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP with Ishii as they both related RLF recovery procedure; and notifying the UE to perform RRC reestablishment procedure based on RLF detection.
Regarding claim 2, 3GPP discloses the system information comprises an identifier of the second donor network device or length information of the identifier of the second donor network device (section 9.7.13 [scenario 3]).
Regarding claim 3, 3GPP discloses the determining that the first donor network device and the second donor network device are different network devices comprises: determining, based on an identifier of a newly accessed cell, that an accessed second donor network device is a network device different from the first donor network device (page 97 [step B]).
Regarding claim 4, Ishii discloses the determining that the first donor network device and the second donor network device are different network devices comprises: receiving second information from the second donor network device, wherein the second information is useable to indicate that the second donor network device and the first donor network device are different network devices (paragraph 42-43 of Ishii). Same motivation as claim 1.
Regarding claim 5, 3GPP discloses the second communication device is a first network device, and wherein the first information is further useable to indicate that the second communication device is configured to send an internet protocol (IP) address request message; or the apparatus further comprises: sending indication information to the second communication device, wherein the indication information is useable to indicate that the second communication device is configured to send the IP address request message (section 9.7.7 [step A, third paragraph]).
Regarding claim 6, Ishii discloses the first communication device is configured to send the first information via a backhaul adaptation protocol (BAP) layer control protocol data unit (PDU) or a media access control (MAC) layer control element (paragraph 39 of Ishii). Same motivation as claim 1.
Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable over Ishii (WO 2020/059633) in view of 3GPP TR 38.874 0.7.0 (2018-11) Study on Integrated Access and Backhaul (release 15) (hereinafter 3GPP).
Regarding claim 10, Ishii specifically does not disclose wherein the second communication device is a first network device, and the operations further comprises: sending an internet protocol (IP) address request message based on the first information; or receiving indication information from the first communication device, wherein the indication information is useable to indicate that the second communication device is configured to send the IP address request message. However, Ishii from the same or similar fields of endeavor teaches wherein the second communication device is a first network device, and the operations further comprises: sending an internet protocol (IP) address request message based on the first information; or receiving indication information from the first communication device, wherein the indication information is useable to indicate that the second communication device is configured to send the IP address request message (section 9.7.7 [step A, third paragraph]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ishii with 3GPP as they both related RLF recovery procedure; and notifying the UE to perform RRC reestablishment procedure based on RLF detection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
The following prior art are cited to show a method, which is considered pertinent to the claimed invention:
Muhammad et al (US Pat. Pub. No. 2022/0141910) directed toward backhaul link failure recovery; in an attempt to find an alternative backhaul link to replace the failed backhaul link.
Ishii et al (US Pat. Pub. No. 2022/0132388) directed toward notification of radio link failure.
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/LITON MIAH/ Primary Examiner, Art Unit 2642