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 .
DETAILED ACTION
1. This communication is response to the application filed 03/16/2026 havingclaims 1-20 pending and presented for examination.
Priority
2. Application filed on 04/05/2023 is a has is a 371 of PCT/EP2021/077087 10/01/2021 FOREIGN APPLICATIONS UNITED KINGDOM 2015882.0 10/07/2020
are acknowledged.
Drawings
3. The drawings were received on 04/05/2023 and these drawings are accepted.
4. Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/16/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
4. The Oath/Declaration filed on 04/05/2023 is accepted by the examiner.
Claim Rejections - 35 USC § 103
1. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
2. 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.
3. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
4. 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.
5. Claim(s) 1-7, 10-11, 13-14, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub US 20090318088 A1 to Chen et al (hereinafter Chen).further view of US PG Pub US 20110307546 A1 to Iovene et al (hereinafter Iovene).
Regarding claim 1, Chen teaches: A method of operating User Equipment, UE, the UE being configured to connect to a wireless wide-area cellular telecommunications network, said telecommunications network comprising a plurality of radio access points (Fig. 1 [0027-0032]: UE 11 connected to Femtocell BS 13a/b, in the same coverage area with Macrocell BSs 15a/b), and the method comprising the steps of: identifying, from the plurality of radio access points, a default radio access point for the UE ([0028-0030]: Mobile device 11 located in signal coverage area of BS 13a, 13b, 15a, 15b. [0031]: Mobile device 11 can select a primary BS which is closer to the device, and/or a primary BS that provides the best communication quality. Primary BS equates to default radio access point.); identifying, from the plurality of radio access points, an alternative default radio access point for the UE, wherein said identifying is performed based on the alternative default radio access point and the default radio access point having been simultaneously available to the UE for wireless connection and wherein the UE is instructed to connect to the default radio access point in preference to the alternative default radio access point ([0028-0030]: Mobile device 11 located in signal coverage area of BS 13a, 13b, 15a, 15b. [0031]: Mobile device 11 can select a primary BS. If needed, the mobile device 11 also can select a backup BS, from the Macrocell BSs, where a backup BS equatest to alternative default AP); connecting the UE to the default radio access point ([0028-0032]: Mobile device connects to the Primary BS 13a); and
in response to the UE detecting a subsequent loss of connection with the default radio access point, the UE directly initiating only a connection with the identified alternative default radio access point ([0060]: Upon radio link failure detection (See Fig. 7), mobile station determines that a data transmission failure and loss of connection , UE initiates a connection with a backup access point)
Iovene teaches while connected to the alternative default radio access point, monitoring an availability to reconnect to the default radio access point based on a determination that the default radio access point has been available for at least a pre-determined duration (para 0037-0038], mobile station continually monitoring the default and backup accesses points on a predetermined delay and determines that default access point is available for data connection).; and reconnecting the UE to the default radio access point based on the determination (para 0037-0038], reconnecting the UE to the default radio access point based on the determination ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of Iovene into the method of Chen in order to simplify and hasten the re-establishment process by re-connecting specifically with a known AP and providing seamless connection in a wireless communication.
Regarding claim 2, Chen teaches: initiation of the connection to the alternative default radio access point is performed without the UE attempting attachment to a radio access point other than the alternative default radio access point [0028-0032]: Mobile device connects to the Primary BS 13a, primary being the first AP, implying priority over other.).
Regarding claim 3, Chen does not teach: Iovene teaches wherein directly initiating only a connection with the alternative default radio access point is performed despite at least another radio access point of the being available to the UE for wireless connection (0037-0038], UE initiates a connection with the alternative default radio access point despite another radio access point of the being available to the UE for wireless connection).
Examiner supplies the same rationale as supplied in claim 1.
Regarding claim 4, Chen teaches: wherein the identity/identities ([0009, 0029]: UE device receives BS information 102 etc. from the BSs13a/b, 15/b may comprise an identification ID, etc.) of the default and/or the alternative default radio access point/s is/are stored within memory of the UE ([0056]: method described may be implemented by a computer program storage product.)
Regarding claim 5, Chen teaches: wherein the default radio access point is a small cell ([0028]: Primary BS 13a, 13b are Femtocells. See Fig. 1.). 10.
Regarding claim 6, Chen teaches: wherein the alternative default radio access point is a small cell ([0028] Backup BS 15a, 15b are Macrocell BS, Picocell BS Microcell BS. See Fig. 1).
Regarding claim 7, Chen teaches: wherein identifying the default radio access point comprises identifying a radio access point that is available to the UE at a pre-defined geographic location ([0031]: BS 13a can be located closer to mobile device 11 than BS 13b. Mobile device 11 can select a primary BS that provides the best communication quality, such as BS 13a that is closer than BS 13b, where both BS13a and BS13b provide adequate coverage, but BS13a is selected as the primary, default AP.)
Regarding claim 10, Chen teaches: wherein identifying the default radio access point and/or the alternative default radio access point is performed in dependence on a level of network performance ([0029]: Mobile device 11 may also obtain signal measurements such as RSSI, SINR and CINR relative to BS 13a, 13b, 15a and 15b from the BS information(s)).
Regarding claim 11, Chen teaches: wherein the level of network performance comprises an average of a plurality of measurements for network performance over a period of time ([0029]: Mobile device 11 may also obtain signal measurements such as RSSI, SINR and CINR relative to BS 13a, 13b, 15a and 15b from the BS information(s). Such measurements are repeatedly updated as BS information ).
Regarding claim 13, Chen teaches: wherein identifying the default radio access point and/or the alternative default radio access point comprises identifying a radio access point having a network identifier that is associated with a telecommunications network that the UE is available to access ([0029]: BS information received by the mobile device 11 may include an identification (ID) of the BS station, equating to the Identification of the network covered by the AP.).
Regarding claim 14, Chen does not teach: Iovene teaches wherein identifying the alternative default radio access point is only performed after the default radio access point has been identified (0037-0038], backup is identified after primary access point has been identified).
Examiner supplies the same rationale as supplied in claim 1.
Regarding claim 16, Chen in view of Iovene teaches: A wireless wide-area cellular telecommunications network comprising: a plurality of radio access points; a UE for connecting to the telecommunications network via the plurality of radio access points, wherein said UE is configured to perform a method according to any preceding claim Claim 1 (Fig. 1 [0027-0032]: UE 11 connected to Femtocell BS 13a/b, in the same coverage area with Macrocell BSs 15a/b). Iovene (fig. 3).
Regarding claim 17, Chen in view of Iovene teaches: A computer-readable carrier medium comprising instructions which, when executed by a computer, cause the computer to carry out a method according to any of Claim 1 ([0056-0057]: Embodiment may be implemented by a computer program storage product (equates to computer readable carrier medium), storing a program of the method for the device. Program can be executed by the computer within the device.). Iovene (fig. 3).
Regarding claim 18, (New) Chen teaches User Equipment (UE) configured to connect to a wireless wide-area cellular telecommunications network, said telecommunications network comprising a plurality of radio access points, and the UE comprising a non-transitory computer-readable storage memory and a processor configured to execute instructions from the storage memory such that the UE is at least configured to: identify, from the plurality of radio access points, a default radio access point for the UE (Fig. 1 [0027-0032]: UE 11 connected to Femtocell BS 13a/b, in the same coverage area with Macrocell BSs 15a/b); identify, from the plurality of radio access points, an alternative default radio access point for the UE ([0028-0030]: Mobile device 11 located in signal coverage area of BS 13a, 13b, 15a, 15b. [0031]: Mobile device 11 can select a primary BS which is closer to the device, and/or a primary BS that provides the best communication quality. Primary BS equates to default radio access point.), wherein the identification is performed based on the alternative default radio access point and the default radio access point having been simultaneously available to the UE for wireless connection and wherein the UE is instructed to connect to the default radio access point in preference to the alternative default radio access point; connect the UE to the default radio access point ([0028-0030]: Mobile device 11 located in signal coverage area of BS 13a, 13b, 15a, 15b. [0031]: Mobile device 11 can select a primary BS. If needed, the mobile device 11 also can select a backup BS, from the Macrocell BSs, where a backup BS equatest to alternative default AP); connecting the UE to the default radio access point ([0028-0032]: Mobile device connects to the Primary BS 13a); in response to the UE detecting a subsequent loss of connection with the default radio access point, directly initiate only a connection with the identified alternative default radio access point ([0060]: Upon radio link failure detection (See Fig. 7), mobile station determines that a data transmission failure and loss of connection , UE initiates a connection with a backup access point);
Iovene teaches while connected to the alternative default radio access point, monitor an availability to reconnect to the default radio access point based on a determination that the default radio access point has been available for at least a pre-determined duration (para 0037-0038], mobile station continually monitoring the default and backup accesses points on a predetermined delay and determines that default access point is available for data connection); and reconnect to the default radio access point based on the determination (para 0037-0038], reconnecting the UE to the default radio access point based on the determination ).
Examiner supplies the same rationale as supplied in claim 1.
Claims 8 and 9 are rejected under 35 U.S.C 103 as being unpatentable over Chen, Iovene in further view of Sankaranarayan et al. (US Patent 10,390, 273), hereinafter "Sankaranarayan".
Regarding claim 8, Chen, Iovene does not teach: wherein identifying the default radio access point and/or the alternative default radio access point is performed in dependence upon a total duration of connections with the UE. However, Sankaranarayan in a similar endeavor discloses multiple criterias for the selection of the BS for the UE device reconnection, teaches: wherein identifying the default radio access point and/or the alternative default radio access point is performed in dependence upon a total duration of connections with the UE ([0018, 0020, 0033]: Access points that have been used successfully on multiple occasions in the past may be prioritized over a second access point that has never been used, that is, based on duration of service of the connections with the UE. UE may attempt to connect to highest priority APs, based on such distinction of service duration.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of Sankaranarayan into the method of Chen in view of Min in order to apply additional criteria for BS selection to accommodate a more flexible process for BS selection for re-connection, for improved network performance. 20.
Regarding claim 9, Chen, Iovene do not teach: wherein identifying the default radio access point and/or the alternative default radio access point is performed in dependence upon a total number of instances of connections with the UE. However, Sankaranarayan in a similar endeavor discloses multiple criterias for the selection of the BS for the UE device reconnection, teaches: wherein identifying the default radio access point and/or the alternative default radio access point is performed in dependence upon a total number of instances of connections with the UE ([0018, 0020, 0033]: Access points can be compared on information collected about comparisons of current connections performance and previous connection performance(e.g. post- transfer compared to pre-transfer signal quality, strength, etc.). [0033]: An AP may be selected for the multiple successful uses (pattern of use) versus an AP with a less or no pattern of use.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of Sankaranarayan into the method of Chen in view of Min in order to apply additional criteria for BS selection to accommodate a more flexible process for BS selection for re-connection, for improved network performance. 21.
Examiner supplies the same rationale as supplied in claim 8.
Claims 12 are rejected under 35 U.S.C 103 as being unpatentable over Chen, Iovene in further view of Singh et al. (Wo 2014137944), hereinafter "Singh".
Regarding claim 12, Chen, Iovene do not teach: wherein identifying the default radio access point and/or the alternative default radio access point comprises identifying a radio access point providing a pre-defined network function. However, Singh in a similar endeavor discloses different selection of APs based on different services and data types that the AP transceives, teaches: wherein identifying the default radio access point and/or the alternative default radio access point comprises identifying a radio access point providing a pre-defined network function ([0046]: UE needs to transfer data to the eNB, where the amount of data may determine the AP: amount of data is small, connect to the microcell; amount of data is large (streaming video) data can go over small cell; data transfer is voice, then connect to the strongest cell (macrocell); for paging, camp on the macrocell.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of Singh into the method of Chen in view of Min in order to adapt the data type criteria to the Ap selection for more efficient use of available AP capabilities that may be overlapping coverage in a public AP network.
Claims 15 are rejected under 35 U.S.C 103 as being unpatentable over Chen, Iovene in further view of van Lieshout et al (US 2012/0202478), hereinafter "Lieshout".
Regarding claim 15, Chen, Iovene do not teach: in response to identifying a failure directly to initiate a connection with the alternative default radio access point, the UE performing a radio access point search and selection process for a radio access point other than the default radio access point and the alternative default radio access point. However, Lieshout in a similar endeavor discloses method for determining a third RAT after connection failure with a second network, teaches: in response to identifying a failure directly to initiate a connection with the alternative default radio access point, the UE performing a radio access point search and selection process for a radio access point other than the default radio access point and the alternative default radio access point {[0111]: Upon detection of radio link failure, the UE 440 initiates a connection re- establishment procedure, whereby the UE searches for a suitable cell. Upon finding a potential cell, the UE performs an initial access procedure, and transmits a connection re-establishment request message to the eNB of that cell. See Fig. 9, step 930., message to target eNB 434. The target eNB 434 accepts the re-establishment request and returns a connection re-establishment message. In other words, upon a RLF, a search for another eNB, which may previously been messaged/initiated or not, which may accept the request to establish and send a confirmation to be selected for re-establishment.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of van Lieshout into the method of Chen, Iovene in order to adapt a standardized re-establishment procedure to close the AP/base station selection procedure taught by Chen and Min to simplify network operations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2017/0374705 to Mitsui et al. discloses master eNB and secondary eNB, dual connectivity with UE device and re-establishing connection for RLF.
Applicant's amendment necessitated the new ground(s) of rejection presented inthis Office action. 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 ANEZ C EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached Monday - Thursday and alternate Fridays, 7:30-4:30 PT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Hassan Phillips can be reached at 571-272-3943. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANEZ C EBRAHIM/ Primary Examiner, Art Unit 2467
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