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 .
This office action is responsive to the amendment filed 11/21/25.
Claims 1-3, 5-10, 12-17, 19-20 are pending.
Terminal Disclaimer
The terminal disclaimer filed on 11/21/25 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of co-pending application, 18/217,940 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Information Disclosure Statement
The IDS statements filed 9/11/25, 11/13/25, 1/12/26, 2/24/26, 5/14/26, and 7/17/26 have been considered by the examiner.
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.
Claim(s) 1-3, 5-10, 12-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paladuga et al., US 2019/0387561, (“Paladuga”), in view of Kwok et al., US 2022/0117026, (“Kwok”).
As per claim 1, Paladugu teaches “a method comprising
electronically determining, by a Radio Access Network (RAN) of a wireless cellular telecommunication network, for each user equipment device (UE) of a plurality of user UEs to which the wireless cellular telecommunication network provides services, whether using carrier aggregation across cells in which the UE is located and that are each managed by different respective distributed units (DUs) of a plurality of DUs in the RAN OR using dual connectivity for the cells is preferable” (Para #134 teaches support for Carrier Aggregation OR Dual Connectivity in a network supported by multiple Distributed Units. NOTE that Para #150 refers to Figure 4B showing multiple DU’s being supported (405-b, 405-c). Also see figures 2 and 5)
[0134] UE 115-a may establish RRC connections with multiple cell groups 215 corresponding to multiple DUs 205 under a single CU 210. Each cell group 215 may correspond to a DU 205, and UE 115-a may have multiple cell groups 215 established via multiple DUs 205. For example, UE 115-a may wireless communicate with DU 205-a via cells of cell group 215-a, with DU 205-b via cells of cell group 215-b, and with DU 205-c via cells of cell group 215-c. DU 205-a, DU 205-b, and DU 205-c may each connect to the CU 210 via connections 208-a, 208-b, and 208-c, respectively. The connections 208 may include, for example, an F1-U interface and an F1-C interface to respectively communicate user plane information and control plane information. A CU 210 with a split user plane and control plane is described in more detail in FIG. 3. In some cases, the wireless communications network 200 may support one or more of DU multi-connectivity, carrier aggregation, and dual connectivity simultaneously.
[0154] Each DU 505 may provide a cell group 515, each cell group 515 consisting of a set of cells or component carriers which may be used to communicate with UE 115-c. In some cases, UE 115-c may communicate with a DU 505 on multiple cells of a cell group 515 using carrier aggregation. In the illustrated example, DU 505-a may provide cell group 515-a (e.g., CG1), DU 505-b may provide cell group 515-b (e.g., CG2), DU 505-c may provide cell group 515-c (e.g., CG3), DU 505-d may provide cell group 515-d (e.g., CG4), DU 505-e may provide cell group 515-e (e.g., CG5), and DU 505-f may provide cell group 515-f (e.g., CG6). Cell groups 515-a through 515-f (e.g., CG1 through CG6) may be configured for UE 115-c, where the set of cell groups is referred to as a cell group set (e.g., a CGSet).
But is silent on
“triggering, by the RAN, for each UE of the plurality of UEs, an assignment dynamically to the UE to use one or more of the carrier aggregation and the dual connectivity based on the determination.”
At least Kwok et al. US 2022/0117026 teaches the ability to dynamically assign the carrier aggregation or the dual connectivity based on a determination:
[0008] Described herein are techniques and systems relating to switching between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in cellular networks. NR DC refers to a user equipment (UE) connecting to different radio access nodes. For example, 5G NR DC can use a first gNodeB (gNb) that is associated with a first frequency band, and a second gNb that is associated with a second frequency band. In this way, the UE could use a first frequency band, such as millimeter waves for downlink, and a second frequency band, such as non-millimeter waves for uplink. NR CA refers to aggregation of multiple carriers that allows UE to simultaneously transmit and receive data using the aggregated carriers. For example, 5G NR CA may support aggregation for a number of component carriers (CCs) (e.g., 16 CCs (contiguous and non-contiguous), or some other number of CCs) from a single gNb.
[Abstract] A telecommunication network associated with a wireless telecommunication provider can be configured to switch between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in 5G cellular networks. According to examples, a UE is not limited to using a single mode (e.g., either NR CA or NR DC) that is initially selected for use by the UE. For example, a UE can be reconfigured during a session to switch from NR DC to NR CA when the UE moves toward mid-cell and/or a cell edge. In other examples, the UE can be reconfigured to switch from NR CA to NR DC when the UE moves closer to the cell. To determine when to switch, one or more network conditions (e.g., UE RF conditions) can be monitored. In some examples, a gNB can monitor power headroom reports (PHRs) received from the UE to determine when to switch..
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify Paladugu, such that triggering, by the RAN, for each UE of the plurality of UEs, an assignment dynamically to the UE to use one or more of the carrier aggregation and the dual connectivity based on the determination, to provide the ability to select between CA/DU to optimize communications.
Regarding the newly amended claim limitations of claim 1, Paladugu implicitly teaches “wherein, for each UE of the plurality of UEs, the determination whether using the carrier aggregation or using the dual connectivity is preferable is based on one or more of: UE communication characteristics of the UE and inter-distributed unit (inter-DU) communication characteristics of communication between the different respective Dus” (Para #10 teaches understanding the capabilities of the UE via a “capability message” and reads on the UE communication characteristics (i.e. it’s capabilities); and
[0010] A method of wireless communication at a UE is described. The method may include transmitting a capability message to a base station indicating a multi-connectivity capability of the UE to support more than two concurrent active cell group connections, transmitting, to the base station, one or more measurement reports that provide measurement information for cells in proximity to the UE, receiving, responsive to the capability message and the one or more measurement reports, a multi-connectivity configuration, the multi-connectivity configuration including a cell group set that includes a set of cell groups with which the UE is configured for multi-connectivity communications, the cell group set including a set of more than two active cell groups to which the UE is connected for concurrent connected mode operations between the UE and the base station, and communicating with the base station via the set of active cell groups in accordance with the multi-connectivity configuration).
While Paladugu implicitly teaches the newly amended claim limitations of claim 1, supra, Kwok explicitly teaches these limitations (see Figs. 4 and 5 and in particular, Fig. 5, steps 502 and 504 and paragraph no. 0057, “The process includes, at 502, receiving network conditions. As discussed above, in some configurations, the UE 106 provides PHRs to cell 104, and/or some other component or device, that includes data that indicates when the UE 106 is near cell, mid-cell, or near a cell edge”; see the Abstract “To determine when to switch, one or more network conditions (e.g., UE RF conditions) can be monitored. In some examples, a gNB can monitor power headroom reports (PHRs) received from the UE to determine when to switch”; see also, paragraph no. 0037 which discloses that PHRs can be monitored to make the switch from DC to CA or vice versa; the above examples of network conditions (i.e., PHRs received from the UE and UE RF conditions) are all examples of “UE communication characteristics of the UE” as the term “communication characteristics” is broadly construed in accordance with BRI – in other words, each of these examples denotes a communication characteristic of the UE).
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify Paladugu, such that triggering, by the RAN, for each UE of the plurality of UEs, an assignment dynamically to the UE to use one or more of the carrier aggregation and the dual connectivity based on the determination and the determination based on UE communication characteristics of the UE as taught by Kwok, to provide the ability to select between CA or dual connectivity to optimize communications and/or to switch between CA or dual connectivity based on the location of the UE within a cell, as suggested by Kwok in paragraph no. 0058.
As per claims 2, 9 and 16, the combo teaches claim 1/8/15, but is silent on wherein, for each UE of the plurality of UEs, the determination whether using the carrier aggregation or using the dual connectivity is preferable is based on current resource availability for the cells.
At least Kwok et al. US 2022/0117026 teaches the ability to dynamically assign the carrier aggregation or the dual connectivity based on a determination – the Abstract teaches selecting CA or DC based on at least moving toward a cell edge OR closer to a cell which can inherently change what resources are available currently (i.e. UE moves away from a RAN and it will soon be unavailable. He also teaches network conditions which are a currently available resource as well – all of which read on the claim) :
[Abstract] A telecommunication network associated with a wireless telecommunication provider can be configured to switch between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in 5G cellular networks. According to examples, a UE is not limited to using a single mode (e.g., either NR CA or NR DC) that is initially selected for use by the UE. For example, a UE can be reconfigured during a session to switch from NR DC to NR CA when the UE moves toward mid-cell and/or a cell edge. In other examples, the UE can be reconfigured to switch from NR CA to NR DC when the UE moves closer to the cell. To determine when to switch, one or more network conditions (e.g., UE RF conditions) can be monitored. In some examples, a gNB can monitor power headroom reports (PHRs) received from the UE to determine when to switch..
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that wherein, for each UE of the plurality of UEs, the determination whether using the carrier aggregation or using the dual connectivity is preferable is based on current resource availability for the cells, to provide the ability to switch as based on the currently available bandwidth/resources of the network.
As per claims 3, 10 and 17, the combo teaches claim 2/9/16, but is silent on wherein the current RAN resource availability for the cells includes one or more of:
current central processing unit (CPU) resource availability, current memory availability and current radio spectrum availability.
At least Kwok et al. US 2022/0117026 teaches the ability to dynamically assign the carrier aggregation or the dual connectivity based on a determination – NOTE that current radio spectrum availability can be affected by network conditions and power headroom (as monitored by Kwok) which reads on the claim:
[Abstract] A telecommunication network associated with a wireless telecommunication provider can be configured to switch between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in 5G cellular networks. According to examples, a UE is not limited to using a single mode (e.g., either NR CA or NR DC) that is initially selected for use by the UE. For example, a UE can be reconfigured during a session to switch from NR DC to NR CA when the UE moves toward mid-cell and/or a cell edge. In other examples, the UE can be reconfigured to switch from NR CA to NR DC when the UE moves closer to the cell. To determine when to switch, one or more network conditions (e.g., UE RF conditions) can be monitored. In some examples, a gNB can monitor power headroom reports (PHRs) received from the UE to determine when to switch..
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that wherein the current RAN resource availability for the cells includes one or more of: current central processing unit (CPU) resource availability, current memory availability and current radio spectrum availability, to provide at least resources can be measured with respect to available bandwidth/spectrum.
As per claims 5, 12 and 19, the combo teaches claim 1/8 but is silent on wherein, for each UE of the plurality of UEs, the determination whether using the carrier aggregation or using the dual connectivity is preferable is based on information from the different respective DUs and a centralized unit (CU) of the RAN.
Note that Paladugu teaches CA or DC supported by the DU’s and Central Unit (CU) AND understanding the capabilities of the UE (Para #10) but does not teach determination step.
[0010] A method of wireless communication at a UE is described. The method may include transmitting a capability message to a base station indicating a multi-connectivity capability of the UE to support more than two concurrent active cell group connections, transmitting, to the base station, one or more measurement reports that provide measurement information for cells in proximity to the UE, receiving, responsive to the capability message and the one or more measurement reports, a multi-connectivity configuration, the multi-connectivity configuration including a cell group set that includes a set of cell groups with which the UE is configured for multi-connectivity communications, the cell group set including a set of more than two active cell groups to which the UE is connected for concurrent connected mode operations between the UE and the base station, and communicating with the base station via the set of active cell groups in accordance with the multi-connectivity configuration.
[0133] The wireless communications network 200 may implement techniques for multi-connectivity across DUs 205. Base station 105-a may include a CU 210 as well as multiple DUs 205. Each DU 205 may support one or more cells in a cell group 215. A DU 205 may handle a subset of functions of base station 105-a, while the CU 210 handles the rest of the functions of base station 105-a. In some cases, the CU 210 may handle operations such as mobility control, scheduling determinations, radio access network sharing, positioning, etc., while the DUs 205 interface with UE 115-a via an over-the-air (OTA) transmission medium.
[Abstract] Methods, systems, and devices for wireless communications are described. A wireless communications system may support multi-connectivity for a user equipment (UE) with multiple distributed units (DUs) under one central unit (CU), the DUs and the CU belonging to a base station.
With regard to “..for each UE of the plurality of UEs, the determination whether using the carrier aggregation or using the dual connectivity is preferable is based on information from the different respective DUs and a centralized unit (CU) of the RAN...”, at least Kwok et al. US 2022/0117026 teaches the ability to dynamically assign the carrier aggregation or the dual connectivity (Para #8) based on various information, to include UE’s location/movement, network conditions, power headroom, etc.. (which read on information from the DU’s and Fig. 1 shows the 5G Core which can support a CU, etc.):
[0008] Described herein are techniques and systems relating to switching between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in cellular networks. NR DC refers to a user equipment (UE) connecting to different radio access nodes. For example, 5G NR DC can use a first gNodeB (gNb) that is associated with a first frequency band, and a second gNb that is associated with a second frequency band. In this way, the UE could use a first frequency band, such as millimeter waves for downlink, and a second frequency band, such as non-millimeter waves for uplink. NR CA refers to aggregation of multiple carriers that allows UE to simultaneously transmit and receive data using the aggregated carriers. For example, 5G NR CA may support aggregation for a number of component carriers (CCs) (e.g., 16 CCs (contiguous and non-contiguous), or some other number of CCs) from a single gNb.
[Abstract] A telecommunication network associated with a wireless telecommunication provider can be configured to switch between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in 5G cellular networks. According to examples, a UE is not limited to using a single mode (e.g., either NR CA or NR DC) that is initially selected for use by the UE. For example, a UE can be reconfigured during a session to switch from NR DC to NR CA when the UE moves toward mid-cell and/or a cell edge. In other examples, the UE can be reconfigured to switch from NR CA to NR DC when the UE moves closer to the cell. To determine when to switch, one or more network conditions (e.g., UE RF conditions) can be monitored. In some examples, a gNB can monitor power headroom reports (PHRs) received from the UE to determine when to switch..
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that for each UE of the plurality of UEs, the determination whether using the carrier aggregation or using the dual connectivity is preferable is based on information from the different respective DUs and a centralized unit (CU) of the RAN, to provide the ability to understand bandwidth across the RAN/DU’s and optimize communications, i.e. use CA or DC or handoff, etc..
As per claims 6, 13 and 20, the combo teaches claim 1/8/15 but is silent on wherein: the determining whether using carrier aggregation across the cells or using dual connectivity for the cells is preferable occurs continuously; and
the triggering of the assignment to the UE to use one or more of the carrier aggregation and the dual connectivity occurs dynamically based on the continuous determination.
Kwok et al. US 2022/0117026 teaches the ability to dynamically assign the carrier aggregation or the dual connectivity (Para #8) based on various information that is CONTINUOUSLY monitored, to include UE’s location/movement, network conditions, power headroom, etc.. and the assignment is based on those continuous measurements, which read on the claim:
[0008] Described herein are techniques and systems relating to switching between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in cellular networks. NR DC refers to a user equipment (UE) connecting to different radio access nodes. For example, 5G NR DC can use a first gNodeB (gNb) that is associated with a first frequency band, and a second gNb that is associated with a second frequency band. In this way, the UE could use a first frequency band, such as millimeter waves for downlink, and a second frequency band, such as non-millimeter waves for uplink. NR CA refers to aggregation of multiple carriers that allows UE to simultaneously transmit and receive data using the aggregated carriers. For example, 5G NR CA may support aggregation for a number of component carriers (CCs) (e.g., 16 CCs (contiguous and non-contiguous), or some other number of CCs) from a single gNb.
[Abstract] A telecommunication network associated with a wireless telecommunication provider can be configured to switch between New Radio (NR) Dual Connectivity (DC) and NR Carrier Aggregation (CA) in 5G cellular networks. According to examples, a UE is not limited to using a single mode (e.g., either NR CA or NR DC) that is initially selected for use by the UE. For example, a UE can be reconfigured during a session to switch from NR DC to NR CA when the UE moves toward mid-cell and/or a cell edge. In other examples, the UE can be reconfigured to switch from NR CA to NR DC when the UE moves closer to the cell. To determine when to switch, one or more network conditions (e.g., UE RF conditions) can be monitored. In some examples, a gNB can monitor power headroom reports (PHRs) received from the UE to determine when to switch..
It would have been obvious to one skilled in the art at the time of the invention’s filing date, to modify the combo, such that wherein: the determining whether using carrier aggregation across the cells or using dual connectivity for the cells is preferable occurs continuously; and the triggering of the assignment to the UE to use one or more of the carrier aggregation and the dual connectivity occurs dynamically based on the continuous determination, to provide the ability to continuously monitor the network conditions and adapt/optimize communications as required.
As per claims 7 and 14, the combo teaches claim 1/8 wherein the dual connectivity uses an F1 interface to split Packet Data Convergence Protocol (PDCP) packets across the different respective Dus (Paladugu teaches support for PDCP across multiple links across multiple cell groups (DC). Furthermore, Para #134 teaches an F1 interface supporting user data, hence the user data is replicated using PDCP across these F1 interfaces inherently).
[0008] In some cases, the multi-connectivity scheme may support packet data convergence protocol (PDCP) replication, where data to be transmitted on a data radio bearer (DRB) is replicated across multiple communication links corresponding to multiple cell groups. Additionally, the multi-connectivity scheme may support PDCP aggregation, where data to be transmitted on a DRB is distributed across multiple communication links corresponding to multiple cell groups. PDCP replication and aggregation may be triggered due to various DRB-related thresholds being satisfied.
[0134] UE 115-a may establish RRC connections with multiple cell groups 215 corresponding to multiple DUs 205 under a single CU 210. Each cell group 215 may correspond to a DU 205, and UE 115-a may have multiple cell groups 215 established via multiple DUs 205. For example, UE 115-a may wireless communicate with DU 205-a via cells of cell group 215-a, with DU 205-b via cells of cell group 215-b, and with DU 205-c via cells of cell group 215-c. DU 205-a, DU 205-b, and DU 205-c may each connect to the CU 210 via connections 208-a, 208-b, and 208-c, respectively. The connections 208 may include, for example, an F1-U interface and an F1-C interface to respectively communicate user plane information and control plane information. A CU 210 with a split user plane and control plane is described in more detail in FIG. 3. In some cases, the wireless communications network 200 may support one or more of DU multi-connectivity, carrier aggregation, and dual connectivity simultaneously.
As per claim 8, this claim is rejected in its entirety as based on the rejection of claim 1. Furthermore, Paladugu teaches a system comprising: at least one computer processor; and a memory coupled to the at least one computer processor, wherein the memory has computer-executable instructions stored thereon that, when executed by at least one processor, cause operations to be performed, the operations including the steps of the claim (See figures showing hardware and software storing the pseudo-code that performs the steps) .
As per claim 15, this claim is rejected in its entirety as based on the rejection of claim 1. Furthermore, Paladugu teaches a non-transitory computer-readable storage medium having computer-executable instructions stored thereon that, when executed by at least one processor, cause operations to be performed, the operations including the steps of the claim (See figures showing hardware and software storing the pseudo-code that performs the steps).
Response to Arguments
The double patenting rejection is withdrawn in view of the terminal disclaimer filed by the applicant.
Applicant’s arguments with respect to each independent claim have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
To the extent that some of the arguments may not be considered moot, these arguments are addressed herein.
Applicant argues, re each independent claim, that Paladuga does not teach “electronically determining … for the cells is preferable” because it does not teach determining which is preferable, see page 2 of the amendment. This argument is not persuasive since Paladuga teaches that one or more of DU multi-connectivity, carrier aggregation, and dual connectivity may be used for communication with the UE (see paragraph no. 0134). Hence, it teaches that any one of these communication methods may be selected or preferred.
Applicant further argues, re each independent claim, that Paladuga does not teach the newly amended claim limitations of e.g., claim 1, because Paladuga does not teach determining whether using the carrier aggregation or dual connectivity is preferable based on the capabilities of the UE determined by the base station via a UE transmitted capability message. However, it appears that Paladuga would implicitly teach such a determination since it discloses that the base station uses either one of carrier aggregation or dual connectivity to communicate with the UE, and the capability message must necessarily be employed by the base station in making this determination. Furthermore, Kwok explicitly teaches making this determination via a “UE communication characteristics of the UE” as noted in the detailed rejection above. Hence, the newly amended claim limitations of each independent claim cannot form a basis for patentability.
Examiner’s note: While the above rejection has been made via Paladuga in view of Kwok, it appears that an alternative rejection (and perhaps, stronger) may be made via Kwok in view of Paladuga. This is so since Kwok teaches all of the limitations of e.g., claim 1, except for the limitations associated with “DUs.” Paladuga teaches the use of Dus in a network for cellular communications. Hence, the combination of Kwok (primary reference) and Paladuga (secondary reference) would appear to form a stronger basis for unpatentability of the pending claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/WON TAE C KIM/Primary Examiner, Art Unit 2414
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