DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DOUBLE PATENTING
The Examiner maintains the provisional rejection of claims 1-20 on the ground of nonstatutory obviousness-type double patenting in view of U.S. Patent Application No. 18/197,320 and additionally over 18/197,329 made 8/28/2025.
PRIOR ART
The following references are prior art:
1. Appl. No.: 18/507,476 (“Lee)” is prior art under 35 U.S.C. 102(a)(2) since it published as US 2024/0251279 A1, names another inventor Keonyoung LEE and was effectively filed Feb. 16, 2023 before May 15, 2023 the effective filing date of the claimed invention. Lee’s effective filing date is based on its priority to KR 10-2023-0020948. See office action appendix for a machine translation.
2. 3GPP TS 38.306 version 16.12.0 Release 16, titled 5G; NR; User Equipment (UE) radio access capabilities is prior art under 35 U.S.C. 102(a)(1) since it published in April, 2023 before May 15, 2023 the effective filing date of the claimed invention.
CLAIM REJECTIONS — 35 U.S.C. 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:
35 U.S.C. 102 Conditions for patentability; novelty.
(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
(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 1-16
Claims 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee for the reasons given below.
Claim 1
With respect to claim 1, Lee disclosed:
A system for requesting explicit user equipment (UE) capability information (Lee disclosed [0013] An electronic device and method of operating the electronic device according to an embodiment may receive a user equipment (UE) capability request message from a network and transmit, to the network, UE capability information excluding information that is not related to the network. The electronic device may reduce the amount of UE capability information by excluding information that is not related to the network, so that the electronic device may reduce the time ( or delay time) required to transmit UE capability information.)
comprising: an extraterrestrial base station configured to support one frequency band (Lee disclosed [0082] The non-terrestrial network may, for example, and without limitation, refer to a network capable of providing data communication through a satellite 520 that is not fixed to the ground. [0085] The satellite 520 may function as a base station. [0123] According to an example, in the case where the network is a non-terrestrial network, the network may not support communication schemes (e.g., carrier aggregation (CA), E-UTRA-NR dual connectivity (EN-DC), or multi-RAT dual connectivity (MR-DC)) that support transmission or reception of data through a plurality of frequency bands. [0129] in the case where the network is a non-terrestrial network, the network may support a specific frequency band (e.g., FR1 ( 410 MHz to 7125 MHz) band supporting frequency divisional duplex (FDD)). The Examiner finds that Lee disclosed an extraterrestrial base station (i.e., the non-terrestrial network/satellite base station) configured to support one frequency band (i.e., the NTN is configured to support a specific frequency band (e.g., FR1) but not CA, EN-DC, MR-DC, or a plurality of bands));
and one or more computer processing components configured to perform operations comprising: transmitting one or more signals from the extraterrestrial base station to a UE (Lee disclosed [0085] The satellite 520 may function as a base station supporting the first cellular communication or the second cellular communication. The satellite 520 may transmit or receive signals in frequency bands supported by the first cellular communication or the second cellular communication. In the case where the electronic device 101 is connected to a non-terrestrial network through the satellite 520, the electronic device 101 may perform data communication using signals in the frequency band supported by the satellite 520. [0098] The communication processor 620 may receive system information transmitted or broadcast by a node (e.g., the satellite 520 in FIG. 5) included in the network (e.g., the non-terrestrial network) while performing the network search. [0099] The communication processor 620 may identify whether the searched network is a non-terrestrial network, based on the received system information. [0100] The system information broadcast by node 520 may include a variety of information. According to an example, the system information may include SIB 1 defined in 3GPP TS. 36.331 vl 5.6. SIB 1 may include identification information (e.g., mobile country code (MCC) and public land mobile network (PLMN)) of the network including the node 520, information required to perform access (or random access (RA)) to the node 520, and/or information indicating that the network is a non-terrestrial network (e.g., cellBarredNTN information element (IE)).);
receiving an attachment request from the UE in response to the UE detecting the one or more signals (Lee disclosed [0101] If it is identified that the network identification information included in the system information transmitted or broadcast by the node 520 is specified identification information (e.g., identification information of a non-terrestrial network), the communication processor 620 may identify that the searched network is a non-terrestrial network. [0113] The communication processor 620 may identify, based on the mapping data, that the network connected through the first cellular communication or the second cellular communication supports the SMS service, MMS service, and transmission or reception of user data (e.g., the third network) and transmit, to the node 520, a signal requesting establishment of a PDU session for the MMS service and/or a signal requesting establishment of a PDU session for the user data transmission or reception service. The communication processor 620 may perform a series of procedures for establishing a PDU session for the user data transmission or reception service after transmitting the signal requesting the establishment of a PDU session for the user data transmission or reception service. The communication processor 620 may transmit data to the network or receive data from the network through the PDU session for the user data transmission or reception service. The Examiner finds that Lee disclosed receiving an attachment request (i.e., request for establishment of a PDU session) from the UE (i.e., the communication processor of the electronic device/UE) in response to the UE detecting the one or more signals (e.g., the signals transmitted from the NTN such as the SIB));
transmitting a UE capability enquiry message to the UE comprising signaling instructional elements that instruct the UE to send reduced capability information limited to the one frequency band supported by the extraterrestrial base station and that instruct the UE to omit capability information not requested including carrier aggregation combinations (Lee disclosed [0116] the communication processor 620 may receive, from the application processor (e.g., the processor 120 in FIG. 1), a signal requesting to prohibit transmission and/or reception of user data by applications other than the specified application. [0118] In addition to prohibiting the establishment of a PDU session, the electronic device 101 may reduce the size of data included in the signal to be transmitted to the non-terrestrial network, thereby reducing delay time that occurs when the node 520 and the electronic device 101 have a long distance therebetween. [0119] The communication processor 620 may receive a UE capability request message from the network during a registration process in the network or after the registration of the network. [0120] After an RRC connection is established with the electronic device 101, the network may transmit a UE capability request message to the electronic device 101 when UE capability information is required. The UE capability information may refer to information indicating the performance of the electronic device 101 in relation to cellular communication of the electronic device 101. For example, the UE capability information may include information indicating a frequency band capable of being supported by the electronic device 101 or information indicating a combination of frequency bands capable of being supported by the electronic device 101. [0121] Upon receiving the UE capability request message from the network, the communication processor 620 may transmit UE capability information to the network through the node 520. [0122] When transmitting the UE capability information, the communication processor 620 may transmit UE capability information excluding information that is not related to the network ( or not including information that is not related to the network) to the network. [0123] in the case where the network is a non-terrestrial network, the network may not support communication schemes ( e.g., carrier aggregation (CA)… If the network does not support transmission or reception of data through a plurality of frequency bands, the combination of frequency bands capable of being supported by the electronic device 101 may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device 101 to the network. [0127] According to an example, in the case where the network is a non-terrestrial network, the network may not support various configurations (e.g., conditional handover) of a specific frequency band ( e.g., a specific frequency band (e.g., FR2-1 (24250 MHz to 52600 MHz) or FR2-2 (52600 MHz to 71000 MHz)) supporting time duplex divisional (TDD)). If the network does not support various configurations of a specific frequency band, information indicating whether the electronic device 101 supports various configurations of a specific frequency band may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating whether the electronic device 101 supports various configurations of a specific frequency band to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information. The Examiner finds that Lee disclosed transmitting a UE capability enquiry message to the UE (i.e., the UE capability request message transmitted from the NTN) comprising signaling instructional elements (i.e., the elements of information in the signaling, which be definition convey information or instructions) that instruct the UE to send reduced capability information limited to the one frequency band supported by the extraterrestrial base station (i.e., the UE responds with capability information excluding unnecessary information such as UE capability of frequencies not supported by the network, where the NTN supports communication using one frequency band in that it supports wireless communications, which are over frequency bands, but it does not support multiple bands such as in CA or EN-DC, MR-DC) and that instruct the UE to omit capability information not requested including carrier aggregation combinations (i.e., the signal that instructs to prohibit the establishmet of a PDU ession in addition instructs the electronic device to reduce the size of the UE capability request by omitting capability data on schemes that are not supported, including carrier aggregation, such that the UE capability information doesn’t indicate the combination of frequencies for that)).
and receiving a reduced UE capability information message comprising capability information related only to the at least one frequency band supported by the extraterrestrial base station (Lee disclosed [0123] Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device 101 to the network, thereby reducing the time (or delay time) for transmission of the UE capability information. [0127] According to an example, in the case where the network is a non-terrestrial network, the network may not support various configurations (e.g., conditional handover) of a specific frequency band ( e.g., a specific frequency band (e.g., FR2-1 (24250 MHz to 52600 MHz) or FR2-2 (52600 MHz to 71000 MHz)) supporting time duplex divisional (TDD)). If the network does not support various configurations of a specific frequency band, information indicating whether the electronic device 101 supports various configurations of a specific frequency band may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating whether the electronic device 101 supports various configurations of a specific frequency band to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information.).
Claim 2
With respect to claim 2, Lee disclosed:
The system of claim 1 (see rejection above),
wherein the one or more computer processing components are further configured to grant permission to the UE to attach to the extraterrestrial base station (Lee disclosed [0120] an RRC connection is established with the electronic device 101. [0166] The electronic device 101 and the network 701 may perform a registration procedure for the electronic device 101 in operation 813. [0167] The electronic device 101 may complete registration with respect to the network 701 through a series of operations including initial access to the node 520 included in the searched network 701 and an authentication procedure of the electronic device 101. As the registration with the network 701 is completed, the electronic device 101 may perform services provided by the network 701. [0168] In operation 815, the electronic device 101 may transmit, to the network 701, a request message for establishment of a PDU session to perform services supported by the network. [0176] After an RRC connection is established with the electronic device 101, the network 701 may transmit a UE capability request message to the electronic device 101 when UE capability information is required).
Claim 3
With respect to claim 3, Lee disclosed:
The system of claim 1 (see rejection above),
wherein receiving the reduced UE capability information message saves bandwidth resources (Lee disclosed [0118] the electronic device 101 may reduce the size of data included in the signal to be transmitted to the non-terrestrial network, thereby reducing delay time that occurs when the node 520 and the electronic device 101 have a long distance therebetween. [0122] When transmitting the UE capability information, the communication processor 620 may transmit UE capability information excluding information that is not related to the network ( or not including information that is not related to the network) to the network. [0128] The communication processor 620 may transmit, to the network, UE capability information excluding information that is not related to the network but including information that is related to the network, thereby reducing the time (or delay time) for transmission of the UE capability information.).
Claim 4
With respect to claim 4, Lee disclosed:
The system of claim 1 (see rejection above),
wherein the UE requests to attach to the extraterrestrial base station after determining it cannot attach to a terrestrial base station (Lee disclosed [0004] An electronic device may perform cellular communication using satellites when it is difficult to connect with a base station. Cellular communication using satellites may realize wider coverage than cellular communication using base stations due to the characteristics of satellites moving in Earth's orbit. Cellular communication using satellites is attracting attention in terms of reducing shadow areas where communication services are not available. [0106] The satellite PDU service is a service for transmitting and/or receiving user data using a PDU capable of being used only by the non-terrestrial network, and may refer to a service for transmitting and/or receiving user data using a PDU incapable of being accessed through the terrestrial network.).
Claim 5
With respect to claim 5, Lee disclosed:
The system of claim 1 (see rejection above),
wherein prior to transmitting the enquiry capability message, the identity of the UE is authenticated by the extraterrestrial base station (Lee disclosed [0149] The electronic device 101 and the network 701 may perform a registration procedure for the electronic device 101 in operation 713. [0150] The electronic device 101 may complete registration with respect to the network 701 through a series of operations including initial access to the node 520 included in the searched network 701 and an authentication procedure of the electronic device 101. As the registration with the network 701 is completed, the electronic device 101 may perform services provided by the network 701. [0176] After an RRC connection is established with the electronic device 101, the network 701 may transmit a UE capability request message to the electronic device 101 when UE capability information is required.).
Claim 6
With respect to claim 6, Lee disclosed:
The system of claim 5 (see rejection above),
wherein authentication of the UE comprises an exchange of information between the UE and the extraterrestrial base station (Lee disclosed [0115] The communication processor 620 may transmit a signal requesting the establishment of a satellite PDU session and then perform a series of procedures for establishing the satellite PDU session. The communication processor 620 may transmit data to the network or receive data from the network through the satellite PDU session. [0150] The electronic device 101 may complete registration with respect to the network 701 through a series of operations including initial access to the node 520 included in the searched network 701 and an authentication procedure of the electronic device 101. As the registration with the network 701 is completed, the electronic device 101 may perform services provided by the network 701. The Examiner finds that the PDU session establishment in Lee is a term of art that specifically refers to PDU session establishment under 3GPP standards which involve a “PDU session authentication/authorization” process with an exchange of information between the UE and the base station as described in 3GPP TS 23.502 version 16.7.0 Release 16 (cited on form PTO-892), section 4.3.2 PDU Session Establishment, as illustrated in Step 6 of Figure 4.3.2.2.1-1, for example. This authentication/authorization is further described in section 4.3.2.3 Secondary authorization/authentication by an DN-AAA server during the PDU Session establishment. As explained in 23.502 section 4.3.2, the PDU session authentication complete message is further described in 3GPP TS 24.501. The Examiner finds that because Lee describes 3GPP standardized PDU session establishment, it inherent disclosed authentication of the UE comprises an exchange of information between the UE and the extraterrestrial base station. A person of ordinary skill in the art would recognize that the claim limitations are inherent to Lee’s explicit disclosure because they are a normal part of 3GPP standards. See MPEP 2112.).
Claim 7
With respect to claim 7, Lee disclosed:
The system of claim 1 (see rejection above),
wherein the reduced UE capability information message improves the system's capacity ([0127] According to an example, in the case where the network is a non-terrestrial network, the network may not support various configurations (e.g., conditional handover) of a specific frequency band ( e.g., a specific frequency band (e.g., FR2-1 (24250 MHz to 52600 MHz) or FR2-2 (52600 MHz to 71000 MHz)) supporting time duplex divisional (TDD)). If the network does not support various configurations of a specific frequency band, information indicating whether the electronic device 101 supports various configurations of a specific frequency band may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating whether the electronic device 101 supports various configurations of a specific frequency band to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information).
Claim 8
With respect to claim 8, Lee disclosed:
The system of claim 1 (see rejection above),
wherein the reduced UE capability information message decreases the risk of transmitting incorrect information to the extraterrestrial base station (Lee disclosed [0007] If there is a long distance between the electronic device and the satellite, path loss on the data transmission or reception path between the electronic device and the satellite may increase. [0013] An electronic device and method of operating the electronic device according to an embodiment may receive a user equipment (UE) capability request message from a network and transmit, to the network, UE capability information excluding information that is not related to the network. The electronic device may reduce the amount of UE capability information by excluding information that is not related to the network, so that the electronic device may reduce the time ( or delay time) required to transmit UE capability information. [0087] The distance between the electronic device 101 and the satellite 520 may be greater than the distance between the electronic device 101 and the first node 510. If the electronic device 101 and the satellite 520 has a long distance therebetween, path loss on the data transmission or reception path between the electronic device 101 and the satellite may increase, and the time it takes for the electronic device 101 to transmit or receive data may increase. Furthermore, since the strength of a signal output from the electronic device 101 is limited, the transmission data rate of the electronic device 101 may be lowered.)
Claim 9
With respect to claim 9, Lee disclosed:
The system of claim 1 (see rejection above),
wherein the extraterrestrial base station supports LTE (Lee disclosed [0083] the second cellular communication may be a communication scheme using a 4th generation mobile communication scheme (e.g., long-term evolution (LTE)). [0085] The satellite 520 may function as a base station supporting the first cellular communication or the second cellular communication.).
Claim 10
Claim 10 recites limitations similar to claim 1 and is rejected by the same reasoning.
Claim 11
With respect to claim 11, Lee disclosed:
The method of claim 10 (see rejection above),
wherein prior to sending the attachment request to the extraterrestrial base station, the UE attempts to locate a terrestrial base station for attachment (Lee disclosed [0004] An electronic device may perform cellular communication using satellites when it is difficult to connect with a base station. Cellular communication using satellites may realize wider coverage than cellular communication using base stations due to the characteristics of satellites moving in Earth's orbit. Cellular communication using satellites is attracting attention in terms of reducing shadow areas where communication services are not available.).
Claim 12
Claim 12 recites limitations similar to claim 5 and is rejected by the same reasoning.
Claim 13
The method of claim 12 (see rejection above),
further comprising transmitting a signal to the UE indicating it is approved to attach to the extraterrestrial base station (Lee disclosed [0004] According to an embodiment, the 5th generation communication system is considering the implementation of cellular communication using satellites. An electronic device may perform cellular communication using satellites when it is difficult to connect with a base station. [0049] According to certain embodiments, the second network 294 may be a 5G network defined in 3GPP. [0115] The communication processor 620 may transmit a signal requesting the establishment of a satellite PDU session and then perform a series of procedures for establishing the satellite PDU session. The communication processor 620 may transmit data to the network or receive data from the network through the satellite PDU session. The Examiner finds that the PDU session establishment in Lee is a term of art that specifically refers to PDU session establishment under 3GPP standards which involve a “PDU session authentication/authorization” process with an exchange of information between the UE and the base station as described in 3GPP TS 23.502 version 16.7.0 Release 16 (cited on form PTO-892), section 4.3.2 PDU Session Establishment, as illustrated in Step 6 of Figure 4.3.2.2.1-1, for example. The PDU session establishment involves step 13. AN-specific resource setup (PDU Session Establishment Accept), which reads on the claimed signal to the UE indicating that it is approved to attach. The Examiner finds that because Lee describes 3GPP standardized PDU session establishment, it inherently disclosed transmitting a signal to the UE indicating it is approved to attach to the extraterrestrial base station. A person of ordinary skill in the art would recognize that the claim limitations are inherent to Lee’s explicit disclosure because they are a normal part of 3GPP standards).
Claim 14
With respect to claim 14, Lee disclosed:
The method of claim 13 (see rejection above),
further comprising confirming that the UE has attached to the extraterrestrial base station (Lee disclosed [0115] The communication processor 620 may transmit a signal requesting the establishment of a satellite PDU session and then perform a series of procedures for establishing the satellite PDU session. The communication processor 620 may transmit data to the network or receive data from the network through the satellite PDU session. [0150] The electronic device 101 may complete registration with respect to the network 701 through a series of operations including initial access to the node 520 included in the searched network 701 and an authentication procedure of the electronic device 101. As the registration with the network 701 is completed, the electronic device 101 may perform services provided by the network 701. The Examiner finds that the PDU session establishment in Lee is a term of art that specifically refers to PDU session establishment under 3GPP standards which involve a “PDU session authentication/authorization” process with an exchange of information between the UE and the base station as described in 3GPP TS 23.502 version 16.7.0 Release 16 (cited on form PTO-892), section 4.3.2 PDU Session Establishment, as illustrated in Step 6 of Figure 4.3.2.2.1-1, for example. As explained in 23.502 section 4.3.2, the PDU session authentication complete message is further described in 3GPP TS 24.501. The Examiner finds that because Lee describes 3GPP standardized PDU session establishment, it inherent disclosed confirming that the UE has attached to the extraterrestrial base station. A person of ordinary skill in the art would recognize that the claim limitations are inherent to Lee’s explicit disclosure because they are a normal part of 3GPP standards. See MPEP 2112.).
Claim 15
With respect to claim 15, Lee disclosed:
The method of claim 11 (see rejection above),
wherein the UE capability enquiry message comprises a plurality of questions related to the UE's capabilities (Lee disclosed [0120] the network may transmit a UE capability request message to the electronic device 101 when UE capability information is required. The UE capability information may refer to information indicating the performance of the electronic device 101 in relation to cellular communication of the electronic device 101. For example, the UE capability information may include information indicating a frequency band capable of being supported by the electronic device 101 or information indicating a combination of frequency bands capable of being supported by the electronic device 101. The Examiner finds that the capability request including a request for cellular performance and a request for frequency band capability reads on a plurality of questions since in this context the capability request is expressed so as to elicit information, which is the plain meaning of a “question.”)
Claim 16
With respect to claim 16, Lee disclosed:
The method of claim 14 (see rejection above),
wherein the UE responds with either a yes or no to the plurality of questions included in the UE capability enquiry message (Lee disclosed [0120] After an RRC connection is established with the electronic device 101, the network may transmit a UE capability request message to the electronic device 101 when UE capability information is required. The UE capability information may refer to information indicating the performance of the electronic device 101 in relation to cellular communication of the electronic device 101. For example, the UE capability information may include information indicating a frequency band capable of being supported by the electronic device 101 or information indicating a combination of frequency bands capable of being supported by the electronic device 101. [0121] Upon receiving the UE capability request message from the network, the communication processor 620 may transmit UE capability information to the network through the node 520. The Examiner finds that the plain meaning of “yes” is an affirmative response or answer and that Lee’s capability information transmitted by the UE reads on a yes to a question in that Lee’s capability request elicits information (i.e., it is a question) and the capability information affirms the UE’s capabilities (i.e., it is a yes)).
CLAIM REJECTIONS — 35 U.S.C. 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:
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
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 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.
CLAIM 17-20
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of 3GPP TS 38.306.
Claim 17
With respect to claim 17, Lee disclosed:
A system for requesting explicit user equipment (UE) capability information (Lee taught [0013] An electronic device and method of operating the electronic device according to an embodiment may receive a user equipment (UE) capability request message from a network and transmit, to the network, UE capability information excluding information that is not related to the network. The electronic device may reduce the amount of UE capability information by excluding information that is not related to the network, so that the electronic device may reduce the time ( or delay time) required to transmit UE capability information)
comprising: an extraterrestrial base station supporting a single RF band (Lee disclosed [0082] The non-terrestrial network may, for example, and without limitation, refer to a network capable of providing data communication through a satellite 520 that is not fixed to the ground. [0085] The satellite 520 may function as a base station. [0123] According to an example, in the case where the network is a non-terrestrial network, the network may not support communication schemes (e.g., carrier aggregation (CA), E-UTRA-NR dual connectivity (EN-DC), or multi-RAT dual connectivity (MR-DC)) that support transmission or reception of data through a plurality of frequency bands. [0129] in the case where the network is a non-terrestrial network, the network may support a specific frequency band (e.g., FR1 ( 410 MHz to 7125 MHz) band supporting frequency divisional duplex (FDD));
and one or more computer processing components configured to perform operations comprising: transmitting one or more reference signals from the extraterrestrial base station to a UE (Lee taught [0085] The satellite 520 may function as a base station supporting the first cellular communication or the second cellular communication. The satellite 520 may transmit or receive signals in frequency bands supported by the first cellular communication or the second cellular communication. In the case where the electronic device 101 is connected to a non-terrestrial network through the satellite 520, the electronic device 101 may perform data communication using signals in the frequency band supported by the satellite 520. [0098] The communication processor 620 may receive system information transmitted or broadcast by a node (e.g., the satellite 520 in FIG. 5) included in the network (e.g., the non-terrestrial network) while performing the network search. [0099] The communication processor 620 may identify whether the searched network is a non-terrestrial network, based on the received system information. [0100] The system information broadcast by node 520 may include a variety of information. According to an example, the system information may include SIB 1 defined in 3GPP TS. 36.331 vl 5.6. SIB 1 may include identification information (e.g., mobile country code (MCC) and public land mobile network (PLMN)) of the network including the node 520, information required to perform access (or random access (RA)) to the node 520, and/or information indicating that the network is a non-terrestrial network (e.g., cellBarredNTN information element (IE)).);
in response to a UE detecting at least one reference signal from the extraterrestrial base station, receiving an attachment request from the UE (Lee disclosed [0101] If it is identified that the network identification information included in the system information transmitted or broadcast by the node 520 is specified identification information (e.g., identification information of a non-terrestrial network), the communication processor 620 may identify that the searched network is a non-terrestrial network. [0113] The communication processor 620 may identify, based on the mapping data, that the network connected through the first cellular communication or the second cellular communication supports the SMS service, MMS service, and transmission or reception of user data (e.g., the third network) and transmit, to the node 520, a signal requesting establishment of a PDU session for the MMS service and/or a signal requesting establishment of a PDU session for the user data transmission or reception service. The communication processor 620 may perform a series of procedures for establishing a PDU session for the user data transmission or reception service after transmitting the signal requesting the establishment of a PDU session for the user data transmission or reception service. The communication processor 620 may transmit data to the network or receive data from the network through the PDU session for the user data transmission or reception service.);
authenticating the identity of the UE (Lee taught [0149] The electronic device 101 and the network 701 may perform a registration procedure for the electronic device 101 in operation 713. [0150] The electronic device 101 may complete registration with respect to the network 701 through a series of operations including initial access to the node 520 included in the searched network 701 and an authentication procedure of the electronic device 101. As the registration with the network 701 is completed, the electronic device 101 may perform services provided by the network 701. [0176] After an RRC connection is established with the electronic device 101, the network 701 may transmit a UE capability request message to the electronic device 101 when UE capability information is required);
transmitting a capability enquiry message to the UE comprising one or more signaling instructional elements that instruct the UE to respond only to a plurality of capability questions comprising whether the UE supports a specific band identified and to omit capability information not related to the capability questions (Lee taught [0116] the communication processor 620 may receive, from the application processor (e.g., the processor 120 in FIG. 1), a signal requesting to prohibit transmission and/or reception of user data by applications other than the specified application. [0118] In addition to prohibiting the establishment of a PDU session, the electronic device 101 may reduce the size of data included in the signal to be transmitted to the non-terrestrial network, thereby reducing delay time that occurs when the node 520 and the electronic device 101 have a long distance therebetween. [0119] The communication processor 620 may receive a UE capability request message from the network during a registration process in the network or after the registration of the network. [0120] After an RRC connection is established with the electronic device 101, the network may transmit a UE capability request message to the electronic device 101 when UE capability information is required. The UE capability information may refer to information indicating the performance of the electronic device 101 in relation to cellular communication of the electronic device 101. For example, the UE capability information may include information indicating a frequency band capable of being supported by the electronic device 101 or information indicating a combination of frequency bands capable of being supported by the electronic device 101. [0121] Upon receiving the UE capability request message from the network, the communication processor 620 may transmit UE capability information to the network through the node 520. [0122] When transmitting the UE capability information, the communication processor 620 may transmit UE capability information excluding information that is not related to the network ( or not including information that is not related to the network) to the network. [0123] in the case where the network is a non-terrestrial network, the network may not support communication schemes ( e.g., carrier aggregation (CA)… If the network does not support transmission or reception of data through a plurality of frequency bands, the combination of frequency bands capable of being supported by the electronic device 101 may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device 101 to the network. [0127] According to an example, in the case where the network is a non-terrestrial network, the network may not support various configurations (e.g., conditional handover) of a specific frequency band ( e.g., a specific frequency band (e.g., FR2-1 (24250 MHz to 52600 MHz) or FR2-2 (52600 MHz to 71000 MHz)) supporting time duplex divisional (TDD)). If the network does not support various configurations of a specific frequency band, information indicating whether the electronic device 101 supports various configurations of a specific frequency band may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating whether the electronic device 101 supports various configurations of a specific frequency band to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information.);
receiving a UE capability information message solely comprising responses to the plurality of questions (Lee taught [0120] the network may transmit a UE capability request message to the electronic device 101 when UE capability information is required. The UE capability information may refer to information indicating the performance of the electronic device 101 in relation to cellular communication of the electronic device 101. For example, the UE capability information may include information indicating a frequency band capable of being supported by the electronic device 101 or information indicating a combination of frequency bands capable of being supported by the electronic device 101. [0123] Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device 101 to the network, thereby reducing the time (or delay time) for transmission of the UE capability information. [0127] According to an example, in the case where the network is a non-terrestrial network, the network may not support various configurations (e.g., conditional handover) of a specific frequency band ( e.g., a specific frequency band (e.g., FR2-1 (24250 MHz to 52600 MHz) or FR2-2 (52600 MHz to 71000 MHz)) supporting time duplex divisional (TDD)). If the network does not support various configurations of a specific frequency band, information indicating whether the electronic device 101 supports various configurations of a specific frequency band may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating whether the electronic device 101 supports various configurations of a specific frequency band to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information. The Examiner finds that the capability request including a request for cellular performance and a request for frequency band capability reads on a plurality of questions since in this context the capability request is expressed so as to elicit information, which is the plain meaning of a “question.”);
and in response to determining that the UE supports the capabilities related to the single RF band supported by the extraterrestrial base station, transmitting a message to the UE allowing the UE to attach to the extraterrestrial base station (Lee taught [0120] an RRC connection is established with the electronic device 101. [0166] The electronic device 101 and the network 701 may perform a registration procedure for the electronic device 101 in operation 813. [0167] The electronic device 101 may complete registration with respect to the network 701 through a series of operations including initial access to the node 520 included in the searched network 701 and an authentication procedure of the electronic device 101. As the registration with the network 701 is completed, the electronic device 101 may perform services provided by the network 701. [0168] In operation 815, the electronic device 101 may transmit, to the network 701, a request message for establishment of a PDU session to perform services supported by the network. [0176] After an RRC connection is established with the electronic device 101, the network 701 may transmit a UE capability request message to the electronic device 101 when UE capability information is required. Lee disclosed [0004] According to an embodiment, the 5th generation communication system is considering the implementation of cellular communication using satellites. An electronic device may perform cellular communication using satellites when it is difficult to connect with a base station. [0049] According to certain embodiments, the second network 294 may be a 5G network defined in 3GPP. [0115] The communication processor 620 may transmit a signal requesting the establishment of a satellite PDU session and then perform a series of procedures for establishing the satellite PDU session. The communication processor 620 may transmit data to the network or receive data from the network through the satellite PDU session. The Examiner finds that the PDU session establishment in Lee is a term of art that specifically refers to PDU session establishment under 3GPP standards which involve a “PDU session authentication/authorization” process with an exchange of information between the UE and the base station as described in 3GPP TS 23.502 version 16.7.0 Release 16 (cited on form PTO-892), section 4.3.2 PDU Session Establishment, as illustrated in Step 6 of Figure 4.3.2.2.1-1, for example. The PDU session establishment involves step 13. AN-specific resource setup (PDU Session Establishment Accept), which reads on the claimed a message to the UE allowing the UE to attach. The Examiner finds that because Lee describes 3GPP standardized PDU session establishment, it inherently disclosed transmitting a message to the UE allowing the UE to attach to the extraterrestrial base station. A person of ordinary skill in the art would recognize that the claim limitations are inherent to Lee’s explicit disclosure because they are a normal part of 3GPP standards).
Lee taught the limitations of claim 17 above but did not explicitly teach that the capability enquiry message inquired “whether the UE supports 64QAM, and whether the UE supports Power Class 2.” However, 64QAM and Power Class 2 are standard UE capabilities under 3GPP standards and are a standard part of UE capability parameters under 3GPP standards as evidenced by 3GPP TS 38.306 version 16.12.0 Release 16 titled “5G; NR; User Equipment (UE) radio access capabilities.”
With respect to claim 17, 3GPP 38.306 taught:
UE capability information indicating support for 64QAM (38.306 [p.75] taught parameter supportedModulationOrderDL: Indicates the maximum supported modulation order to be applied for downlink in the carrier in the max data rate calculation as defined in 4.1.2. If included, the network may use a modulation order on this serving cell which is higher than the value indicated in this field as long as UE supports the modulation of higher value for downlink. If not included: - for FR1, the network uses the modulation order signalled in pdsch-256QAMFR1. - for FR2, the network uses the modulation order signalled per band i.e. pdsch- 256QAM-FR2 if signalled. If not signalled in a given band, the network shall use the modulation order 64QAM. )
UE capability information indicating support for Power Class 2 (38.306 taught [p.50] ue-PowerClass, ue-PowerClass-v1610: For FR1, if the UE supports the different UE power class than the default UE power class as defined in clause 6.2 of TS 38.101-1 [2], the UE shall report the supported UE power class in this field. For FR2, UE shall report the supported UE power class as defined in clause 6 and 7 of TS 38.101-2 [3] in this field. This capability is not applicable to IAB-MT. [p. 42 and p. 93] describe power class 2. The Examiner notes that as stated on page 50, UE power class as defined in clause 6.2 of TS 38.101-1, which includes class 1, 1.5, 2, and 3)
Claim 18
With respect to claim 18, Lee taught:
The system of claim 17 (see rejection above),
wherein the extraterrestrial base station communicates with the UE using LTE (Lee taught [0083] the second cellular communication may be a communication scheme using a 4th generation mobile communication scheme (e.g., long-term evolution (LTE)). [0085] The satellite 520 may function as a base station supporting the first cellular communication or the second cellular communication.)
Claim 19
With respect to claim 19, Lee taught:
The system of claim 17 (see rejection above),
wherein the system inquires whether the UE supports the same band as the extraterrestrial base station in the capability enquiry message (Lee taught [0104] The communication processor 620 may identify that the searched network is a non-terrestrial network and identify services supported (or services not supported) by the searched network, based on mapping data stored in the memory 630. [0105] The mapping data may be data in which the identification information of the non-terrestrial network and information of services supported by the non-terrestrial network are mapped and stored. [0123] According to an example, in the case where the network is a non-terrestrial network, the network may not support communication schemes ( e.g., carrier aggregation (CA), E-UTRA-NR dual connectivity (EN-DC), or multi-RAT dual connectivity (MR-DC)) that support transmission or reception of data through a plurality of frequency bands. If the network does not support transmission or reception of data through a plurality of frequency bands, the combination of frequency bands capable of being supported by the electronic device 101 may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device 101 to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information. [0127] According to an example, in the case where the network is a non-terrestrial network, the network may not support various configurations (e.g., conditional handover) of a specific frequency band ( e.g., a specific frequency band (e.g., FR2-1 (24250 MHz to 52600 MHz) or FR2-2 (52600 MHz to 71000 MHz)) supporting time duplex divisional (TDD)). If the network does not support various configurations of a specific frequency band, information indicating whether the electronic device 101 supports various configurations of a specific frequency band may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating whether the electronic device 101 supports various configurations of a specific frequency band to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information. The Examiner finds that because the UE knows the capability of the network and the UE may not transmit UE capability information on frequency bands not supported by the network, then the capability request message in Lee is therefore an inquiry on whether the UE supports the same band as the extraterrestrial base station)
Claim 20
With respect to claim 20, Lee taught:
The system of claim 19 (see rejection above),
wherein the UE responds either confirming or denying that it supports the same band as the extraterrestrial base station in the UE capability information message (Lee taught [0104] The communication processor 620 may identify that the searched network is a non-terrestrial network and identify services supported (or services not supported) by the searched network, based on mapping data stored in the memory 630. [0105] The mapping data may be data in which the identification information of the non-terrestrial network and information of services supported by the non-terrestrial network are mapped and stored. [0123] According to an example, in the case where the network is a non-terrestrial network, the network may not support communication schemes ( e.g., carrier aggregation (CA), E-UTRA-NR dual connectivity (EN-DC), or multi-RAT dual connectivity (MR-DC)) that support transmission or reception of data through a plurality of frequency bands. If the network does not support transmission or reception of data through a plurality of frequency bands, the combination of frequency bands capable of being supported by the electronic device 101 may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating a combination of frequency bands supported by the electronic device 101 to the network, thereby reducing the time ( or delay time) for transmission of the UE capability information. [0127] According to an example, in the case where the network is a non-terrestrial network, the network may not support various configurations (e.g., conditional handover) of a specific frequency band ( e.g., a specific frequency band (e.g., FR2-1 (24250 MHz to 52600 MHz) or FR2-2 (52600 MHz to 71000 MHz)) supporting time duplex divisional (TDD)). If the network does not support various configurations of a specific frequency band, information indicating whether the electronic device 101 supports various configurations of a specific frequency band may be unnecessary information for the network. Accordingly, the communication processor 620 may transmit UE capability information that does not include information indicating whether the electronic device 101 supports various configurations of a specific frequency band to the network, thereby reducing the time (or delay time) for transmission of the UE capability information. The Examiner finds that the UE’s capability information confirms (i.e., it establishes the truth or correctness of the UE’s capabilities, the plain meaning of confirm) or denies (i.e., does not confirm) that it supports the same band as the extraterrestrial base station).
The Examiner finds that 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 because the claimed invention merely combined prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). 64QAM and Power Class 2 are known UE capabilities and it is known to include information on QAM/modulation and Power Class in UE capability information under 3GPP standards. The Examiner finds that a person of ordinary skill in the art in 4G/5G wireless communications would by necessity be familiar with 3GPP standards and would be capable of combining the existing capability information with Lee’s system. Doing so would simply be using the capability information for its intended purpose without any change in function being required. As such, the result of doing so would be predictable to a person of ordinary skill in the art. Accordingly, claim 17 is rendered obvious in view of Lee and 3GPP TS 38.306.
RESPONSE TO ARGUMENTS
With respect to the provisional double patenting rejection Applicant requested that the provisional rejection be held in abeyance because patents have not yet granted. However, the double patenting rejection was a provisional rejection because no patents have yet granted. The provisional rejection in the action dated 8/28/2025 is maintained.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102 filed 11/26/2025 have been fully considered but they are not persuasive.
On page 8, Applicant argued that “Lee fails to describe the critical limitation that the network transmits a UE capability enquiry message comprising explicit signaling information elements that instruct the UE to omit specific capability information, such as carrier aggregation combinations or capabilities for bands/features not supported by the network.” The Examiner disagrees and asserts that Lee disclosed this as explained in the rejection above.
On page 8, Applicant argued “claims 1 and 10 require that the network (e.g., an extraterrestrial base station) explicitly controls… This explicit, network driven instruction is not described in Lee.” The Examiner disagrees. Lee disclosed in [0116] explicit signaling by the network to prohibit the UE from transmitting data and then in [0118] Lee explicitly states that in addition to prohibiting data, the UE reduces the size of the transmitted data, and then [0123] explains what that data might be. The signaling from the Network is what explicitly instructs the UE to reduce the size of the capability response. The signaling prohibits certain transmissions and in addition instructs to reduce the size. This is not a choice by the UE as Applicant argued. Lee does use the phrase “may reduce” but that doesn’t mean that the UE can choose not to reduce, it just means that network support and UE capabilities may match such that there the UE may not reduce the size of its response message.
Applicants arguments for the dependent claims and their arguments against the rejections under 35 U.S.C. 103 are derivative of the arguments already addressed above.
CONCLUSION
Applicant's amendment necessitated the new grounds 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Davis whose telephone number is 703-756-1832. The examiner can normally be reached Mon-Fri from 11AM to 7PM ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh, can be reached at telephone number 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.R.D./
Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476