DETAILED ACTION
Response to Amendment
In response to amendment filed on 11/24/2025, claims 1, 10, 13, 21, 23- 25 and 29 are amended, claim 12 is cancelled and claim 31 is added as a new claim. Claims 1- 11 and 13- 31 are pending for examinations.
Response to Arguments
Applicant's arguments filed in the remarks on 11/24/2025 have been fully considered but they are not persuasive. Applicant argues on page 12, first paragraph, “…Jin discloses utilizing a 5G NR communication system, which supports data rates beyond that of a 4G system, with Internet of Things (IoT) technologies. Jin disclosure further relates to radio access technologies (RAT), e.g., 4G and 5G, that are compatible with 3GPP standards specification technologies. Moreover, Jin is focused on communications with multiple RATs (i.e., multi-radio access technology (RAT)-dual connectivity (MRDC)), rather than multiple variants of a single RAT. Thus, Jin's teachings of supported band combination lists in 4G or 5G, including feature set combinations being configurable according to a particular RAT type (e.g., 4G or 5G) do not teach, suggest or disclose "wherein the first RAT is a 5G New Radio (5G NR) access technology, the first variant is compatible with a 3ʳᵈ Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and the second variant is based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology," as recited in amended independent claim 1. (Emphasis added). As such, neither Li, nor Jin, whether alone or in combination, teach, suggest or disclose, let alone anticipate each and every element of independent claim 1.”.
Examiner disagrees and respectfully submits that as per claim limitations, “.. receiving indicia that indicates whether a first base station is configured to operate according to a first variant of a first radio access technology (RAT) or a second variant of the first RAT, wherein the first RAT is a 5G New Radio (5G NR) access technology, the first variant is compatible with a 3ʳᵈ Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and the second variant is based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; and establishing a wireless connection with the first base station when both the UE and the first base station are configured to operate according to a same one of the first variant or the second variant.”; here first variant OR second variant is being configured hence citing one variant (either first or second can be sufficient). Now refer to primary refence Li teaches in [0061]… The method 500 includes receiving (502), by a user device during camping on a cell, a message comprising a first field, wherein the first field is indicative of availability of another type of radio access technology (RAT) core network for communication via a base station of the cell, determining (504), based on a second field in the message, whether the user device is allowed to camp on the cell, wherein a value of the second field indicates that the user device is disallowed to access the another type of RAT core network when the implementation version is incompatible with the another type of RAT core network, and obtaining (506) additional information regarding other intra-frequency cells that support another type of radio access technology (RAT) core network available for the user device to reselect; further see next paragraph [0063] stating about 5G (i.e. 5G is fully supported from 3GPP specification) further see [0050- 0051]. Nevertheless Jin teaches about in [0125] regarding UE compiles featureSetCombination for the complied supportedBandCombinationList and compiles a list of “candidate feature set combinations” from a candidate BC list from which a list of fallback BCs (including the same or lower level capabilities) has been removed. The above “candidate feature set combinations” include all of feature set combinations for NR and EUTRA-NA BC, and may be obtained from feature set combinations of containers of UE-NR-Capabilities and UE-MRDC-Capabilities; now refer to [0140] about …If FreqBandList information is different for each RAT type, particularly different for the EN-DC and the NR SA, supported band combination, feature set, and feature set combinations are to be configured according to a RAT type. Accordingly, if the same feature set is indicated by the EN-DC and the NR SA, a problem of using different feature set indices or being incompatible with each other may occur. In the explanatory examples of FIGS. 1GA and 1GB, LTE frequencies (L1, L2, L3, L4, L5, and L6) and NR frequencies (N1, LN, N3, N4, N5, and N6) are assumed to be included in FreqBandList in a situation where all of NR, EN-DC, and LTE are requested(i.e. here NR as a first RAT and its frequency/feature set combination is compatible with 3gPP standard specification for 5g NR access technology and LTE as a second RAT and its frequency/feature set combination is partially compatible with 3gPP standard specification for 5g NR access technology(i.e. since LTE is not fully compatible with NR technologies in may ways like speed/latency etc..).
Claims 5 and 17 are dependent claims of independent Claim 1 and 17 accordingly. At least for the same reasons set forth in response to Applicant’s arguments with respect to the independent claim above, claims 5, 17 remain rejected.
Claims 6- 7, 18, 25 are dependent claims of independent Claim 1, 13 and 23 accordingly. At least for the same reasons set forth in response to Applicant’s arguments with respect to the independent claim above, claims 6- 7, 18, 25 remain rejected.
Claims 9 and 20 are dependent claims of independent Claim 1 and 13 accordingly. At least for the same reasons set forth in response to Applicant’s arguments with respect to the independent claim above, claims 9, 20 remain rejected.
Claims 10 and 21 are dependent claims of independent Claim 1 and 13 accordingly. At least for the same reasons set forth in response to Applicant’s arguments with respect to the independent claim above, claims 10, 21 remain rejected.
Claim 27 is dependent claims of independent Claim 23. At least for the same reasons set forth in response to Applicant’s arguments with respect to the independent claim above, claim 27 remains rejected.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The 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.
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(s) 1- 4, 8, 11, 13- 16, 19, 22- 26, 28- 29, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Pub. No. 2020/0112908 A1) in view of Jin et al. (US Pub. No. 2020/0314932 A1).
Regarding claim 1, Li teaches a method for wireless communication by a user equipment (UE) (see Fig. 5 and [0061] user device as a UE here), comprising:
receiving indicia that indicates whether a first base station is configured to operate according to a first variant of a first radio access technology (RAT) or a second variant of the first RAT (see Fig. 5 and #502 about …receiving (502), by a user device during camping on a cell (i.e. network device , first base station is there), a message comprising a first field, wherein the first field is indicative of availability of another type of radio access technology (RAT) core network (i.e. first RAT) for communication via a base station of the cell… a second field in the message…. (i.e. first and/or second field can be a first/second variant; see [0061]); and
establishing a wireless connection with the first base station when both the UE and the first base station are configured to operate according to a same one of the first variant or the second variant (see [0061].. determining (504), based on a second field in the message, whether the user device is allowed to camp on the cell, wherein a value of the second field indicates that the user device is disallowed to access the another type of RAT core network when the implementation version is incompatible with the another type of RAT core network, and obtaining (506) additional information regarding other intra-frequency cells that support another type of radio access technology (RAT) core network available for the user device to reselect.). But Li fails to state about wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; however Jin teaches in [0125] regarding UE compiles featureSetCombination for the complied supportedBandCombinationList and compiles a list of “candidate feature set combinations” from a candidate BC list from which a list of fallback BCs (including the same or lower level capabilities) has been removed. The above “candidate feature set combinations” include all of feature set combinations for NR and EUTRA-NA BC, and may be obtained from feature set combinations of containers of UE-NR-Capabilities and UE-MRDC-Capabilities; now refer to [0140] about …If FreqBandList information is different for each RAT type, particularly different for the EN-DC and the NR SA, supported band combination, feature set, and feature set combinations are to be configured according to a RAT type. Accordingly, if the same feature set is indicated by the EN-DC and the NR SA, a problem of using different feature set indices or being incompatible with each other may occur. In the explanatory examples of FIGS. 1GA and 1GB, LTE frequencies (L1, L2, L3, L4, L5, and L6) and NR frequencies (N1, LN, N3, N4, N5, and N6) are assumed to be included in FreqBandList in a situation where all of NR, EN-DC, and LTE are requested….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Jin with the teachings of Li to make system more standardized. Having a mechanism wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; greater way more standardized approach can be carried out in the communication system.
Regarding claim 2, Li in view of Jin teaches as per claim 1, further comprising: refraining from establishing the wireless connection with the first base station when the UE and the first base station are configured to operate according to different ones of the first variant or the second variant (Li already discussed above in [0061] regarding based on compatibility user device is allowed or not allowed).
Regarding claim 3, Li in view of Jin teaches as per claim 1, wherein the first base station is part of a first radio access network (RAN), the method further comprising: refraining from establishing the wireless connection with any base station of the first RAN when the UE and the first base station are configured to operate according to different ones of the first variant or the second variant; Li already discussed above in [0061] regarding based on compatibility user device is allowed or not allowed and any base station can be a cell of an another type of RAT (i.e. first base station of first RAT).
Regarding claim 4, Li in view of Jin teaches as per claim 1, wherein receiving the indicia includes: receiving a system information broadcast (SIB) message that includes at least a first field carrying the indicia regarding whether the first base station is configured to operate according to the first variant or the second variant; Li see [0062]… methods 400 and 500, the “another type of RAT” or “another type of core network” may be a next generation core network such as a 5G core network. In methods 400 and 500, the message may comprise a system message such as a system information block, as described herein. In some embodiments, the another type of RAT core network may include a next generation network (e.g., 5G network) that is incompatible with a legacy version of the user device. For example, 4G and earlier versions of UEs may not be able to understand messages from a 5G core network.
Regarding claim 8, Li in view of Jin teaches as per claim 1, wherein receiving the indicia includes: receiving identification information from the first base station, identification information identifying a radio access network (RAN) that includes the first base station; and retrieving the indicia from compatibility information that correlates the identification information in association with either the first variant or the second variant; already discussed above in claim 1 Li see [0061]..
Regarding claim 11, Li in view of Jin teaches as per claim 1, further comprising: including the first base station in a cell selection/reselection procedure when both the UE and the first base station are configured to operate according to the same one of the first variant or the second variant; and excluding the first base station from the cell selection/reselection procedure when the UE and the first base station are configured to operate according to different ones of the first variant or the second variant; already discussed in claim 1; Li see [0061] and Fig. 5.
Regarding claim 13, Li teaches a user equipment (UE), comprising (see Fig. 5 and [0061] user device as a UE here):
at least one modem for wireless communication with a first base station, the at least one modem configured to obtain indicia that indicates whether the first base station is configured to operate according to a first variant of a first radio access technology (RAT) or a second variant of the first RAT (see Fig. 5 and #502 about …receiving (502), by a user device during camping on a cell (i.e. network device , first base station is there), a message comprising a first field, wherein the first field is indicative of availability of another type of radio access technology (RAT) core network (i.e. first RAT) for communication via a base station of the cell… a second field in the message…. (i.e. first and/or second field can be a first/second variant; see [0061]); and
a processor configured to cause the at least one modem to establish a wireless connection with the first base station when both the UE and the first base station are configured to operate according to a same one of the first variant or the second variant (see [0061].. determining (504), based on a second field in the message, whether the user device is allowed to camp on the cell, wherein a value of the second field indicates that the user device is disallowed to access the another type of RAT core network when the implementation version is incompatible with the another type of RAT core network, and obtaining (506) additional information regarding other intra-frequency cells that support another type of radio access technology (RAT) core network available for the user device to reselect.). But Li fails to state about wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; however Jin teaches in [0125] regarding UE compiles featureSetCombination for the complied supportedBandCombinationList and compiles a list of “candidate feature set combinations” from a candidate BC list from which a list of fallback BCs (including the same or lower level capabilities) has been removed. The above “candidate feature set combinations” include all of feature set combinations for NR and EUTRA-NA BC, and may be obtained from feature set combinations of containers of UE-NR-Capabilities and UE-MRDC-Capabilities; now refer to [0140] about …If FreqBandList information is different for each RAT type, particularly different for the EN-DC and the NR SA, supported band combination, feature set, and feature set combinations are to be configured according to a RAT type. Accordingly, if the same feature set is indicated by the EN-DC and the NR SA, a problem of using different feature set indices or being incompatible with each other may occur. In the explanatory examples of FIGS. 1GA and 1GB, LTE frequencies (L1, L2, L3, L4, L5, and L6) and NR frequencies (N1, LN, N3, N4, N5, and N6) are assumed to be included in FreqBandList in a situation where all of NR, EN-DC, and LTE are requested….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Jin with the teachings of Li to make system more standardized. Having a mechanism wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; greater way more standardized approach can be carried out in the communication system.
Regarding claim 14, Li in view of Jin teaches as per claim 13, wherein the processor is further configured to cause the at least one modem to refrain from establishing the wireless connection with the first base station when the UE and the first base station are configured to operate according to different ones of the first variant or the second variant (Li already discussed above in [0061] regarding based on compatibility user device is allowed or not allowed).
Regarding claim 15, Li in view of Jin teaches as per claim 13, wherein the first base station is part of a first radio access network (RAN), and wherein the processor is further configured to cause the at least one modem to refrain from establishing the wireless connection with any base station of the first RAN when the UE and the first base station are configured to operate according to different ones of the first variant or the second variant; Li already discussed above in [0061] regarding based on compatibility user device is allowed or not allowed and any base station can be a cell of an another type of RAT (i.e. first base station of first RAT).
Regarding claim 16, Li in view of Jin teaches as per claim 13, wherein the at least one modem is configured to obtain a system information broadcast (SIB) message that includes at least a first field carrying the indicia regarding whether the first base station is configured to operate according to the first variant or the second variant; Li see [0062]… methods 400 and 500, the “another type of RAT” or “another type of core network” may be a next generation core network such as a 5G core network. In methods 400 and 500, the message may comprise a system message such as a system information block, as described herein. In some embodiments, the another type of RAT core network may include a next generation network (e.g., 5G network) that is incompatible with a legacy version of the user device. For example, 4G and earlier versions of UEs may not be able to understand messages from a 5G core network.
Regarding claim 19, Li in view of Jin teaches as per claim 13, wherein the at least one modem is configured to obtain identification information from the first base station, identification information identifying a radio access network (RAN) that includes the first base station; and wherein the processor is configured to retrieve the indicia from compatibility information that correlates the identification information in association with either the first variant or the second variant; Li already discussed above in claim 1 see [0061]..
Regarding claim 22, Li in view of Jin teaches as per claim 13, at least one transceiver coupled to the at least one modem; at least one antenna coupled to the at least one transceiver to wirelessly transmit signals output from the at least one transceiver and to wirelessly receive signals for input into the at least one transceiver; and a housing that encompasses at least the processor, the at least one modem, the at least one transceiver, and at least a portion of the at least one antenna; Li see Fig. 6- 7 and [0064- 0065].
Regarding claim 23, Li teaches a method for wireless communication by a base station, comprising (see Fig. 5 and [0061]):
transmitting indicia that indicates whether the base station is configured to operate according to a first variant of a first radio access technology (RAT) or a second variant of the first RAT (see Fig. 5 and #502 about …receiving (502), by a user device during camping on a cell (i.e. network device , first base station is there), a message comprising a first field, wherein the first field is indicative of availability of another type of radio access technology (RAT) core network (i.e. first RAT) for communication via a base station of the cell… a second field in the message…. (i.e. first and/or second field can be a first/second variant; see [0061]); and
establishing a wireless connection with the UE when both the UE and the base station are configured to operate according to a same one of the first variant or the second variant (see [0061].. determining (504), based on a second field in the message, whether the user device is allowed to camp on the cell, wherein a value of the second field indicates that the user device is disallowed to access the another type of RAT core network when the implementation version is incompatible with the another type of RAT core network, and obtaining (506) additional information regarding other intra-frequency cells that support another type of radio access technology (RAT) core network available for the user device to reselect.). But Li fails to state about wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; however Jin teaches in [0125] regarding UE compiles featureSetCombination for the complied supportedBandCombinationList and compiles a list of “candidate feature set combinations” from a candidate BC list from which a list of fallback BCs (including the same or lower level capabilities) has been removed. The above “candidate feature set combinations” include all of feature set combinations for NR and EUTRA-NA BC, and may be obtained from feature set combinations of containers of UE-NR-Capabilities and UE-MRDC-Capabilities; now refer to [0140] about …If FreqBandList information is different for each RAT type, particularly different for the EN-DC and the NR SA, supported band combination, feature set, and feature set combinations are to be configured according to a RAT type. Accordingly, if the same feature set is indicated by the EN-DC and the NR SA, a problem of using different feature set indices or being incompatible with each other may occur. In the explanatory examples of FIGS. 1GA and 1GB, LTE frequencies (L1, L2, L3, L4, L5, and L6) and NR frequencies (N1, LN, N3, N4, N5, and N6) are assumed to be included in FreqBandList in a situation where all of NR, EN-DC, and LTE are requested….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Jin with the teachings of Li to make system more standardized. Having a mechanism wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; greater way more standardized approach can be carried out in the communication system.
Regarding claim 24, Li in view of Jin teaches as per claim 23, further comprising: rejecting a request from the UE to establish the wireless connection with base station when the base station and the UE are configured to operate according to different ones of the first variant and the second variant (Li already discussed above in [0061] regarding based on compatibility user device is allowed or not allowed).
Regarding claim 25, Li in view of Jin teaches as per claim 24, Li states wherein rejecting the request includes at least one member selected from a group consisting of:
transmitting a system information broadcast (SIB) message that includes at least a first field carrying the indicia regarding whether the first base station is configured to operate according to the first variant or the second variant;
transmitting a radio resource control (RRC) message that includes a reject code indicating that UE and the gNB are configured to operate according to different ones of the first variant and the second variant;
transmitting an RRC message that includes a redirection code instructing the UE to establish the wireless connection to a different base station that is configured to operate according to the same one of the first variant or the second variant as the UE;
transmitting an RRC message that includes a redirection code instructing the UE to establish the wireless connection to a legacy base station that is configured to operate according to a second RAT; and
transmitting a non-access stratum (NAS) message from a core network to the UE via the wireless connection, the NAS message carrying compatibility information that includes one or more mobile country codes (MCCs) associated with a geographic region and which variant of the first RAT is associated with the geographic region; see [0025]… or example, when an eLTE base station is only connected to the 5G core, this requires that the eLTE system message design, to ensure that the traditional UE can decode the system message, but also to inform the traditional UE cannot access the base station, and the new UE can access the base station..; further see [0033- 0036, 0043- 0045].
Regarding claim 26, Li in view of Jin teaches as per claim 23, further comprising: receiving information that indicates the UE is associated with a first core network that is different from a second core network associated with the base station; and rejecting the request when the first core network and the second core network are associated with different ones of the first variant and the second variant; Li in context with see [0025]… or example, when an eLTE base station is only connected to the 5G core, this requires that the eLTE system message design, to ensure that the traditional UE can decode the system message, but also to inform the traditional UE cannot access the base station, and the new UE can access the base station..; further see [0033- 0036, 0043- 0045]; pls refer to [0061] regarding based on compatibility user device is allowed or not allowed.
Regarding claim 28, Li in view of Jin teaches as per claim 23, further comprising: transmitting identification information to the UE, the identification information identifying a radio access network (RAN) that includes the first base station, wherein the identification information is usable by the UE with compatibility information that correlates the identification information in association with either the first variant or the second variant; Li already discussed above in claim 1 see [0061].
Regarding claim 29, Li teaches a base station, comprising (see Fig. 5 and [0061]):
at least one modem configured to output indicia that indicates whether the base station is configured to operate according to a first variant of a first radio access technology (RAT) or a second variant of the first RAT (see Fig. 5 and #502 about …receiving (502), by a user device during camping on a cell (i.e. network device , first base station is there), a message comprising a first field, wherein the first field is indicative of availability of another type of radio access technology (RAT) core network (i.e. first RAT) for communication via a base station of the cell… a second field in the message…. (i.e. first and/or second field can be a first/second variant; see [0061]); and
a processor configured to establish a wireless connection with a user equipment (UE) via the at least one modem when both the UE and the base station are configured to operate according to a same one of the first variant or the second variant (see [0061].. determining (504), based on a second field in the message, whether the user device is allowed to camp on the cell, wherein a value of the second field indicates that the user device is disallowed to access the another type of RAT core network when the implementation version is incompatible with the another type of RAT core network, and obtaining (506) additional information regarding other intra-frequency cells that support another type of radio access technology (RAT) core network available for the user device to reselect.). But Li fails to state about wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; however Jin teaches in [0125] regarding UE compiles featureSetCombination for the complied supportedBandCombinationList and compiles a list of “candidate feature set combinations” from a candidate BC list from which a list of fallback BCs (including the same or lower level capabilities) has been removed. The above “candidate feature set combinations” include all of feature set combinations for NR and EUTRA-NA BC, and may be obtained from feature set combinations of containers of UE-NR-Capabilities and UE-MRDC-Capabilities; now refer to [0140] about …If FreqBandList information is different for each RAT type, particularly different for the EN-DC and the NR SA, supported band combination, feature set, and feature set combinations are to be configured according to a RAT type. Accordingly, if the same feature set is indicated by the EN-DC and the NR SA, a problem of using different feature set indices or being incompatible with each other may occur. In the explanatory examples of FIGS. 1GA and 1GB, LTE frequencies (L1, L2, L3, L4, L5, and L6) and NR frequencies (N1, LN, N3, N4, N5, and N6) are assumed to be included in FreqBandList in a situation where all of NR, EN-DC, and LTE are requested….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Jin with the teachings of Li to make system more standardized. Having a mechanism wherein the first RAT is a 5G New Radio (5G NR) access technology, wherein the first variant is compatible with a 3rd Generation Partnership Project (3GPP) standards specification for the 5G NR access technology, and wherein the second variant is a forked deviation of the first variant, the second variant based on a standards specification that is partially incompatible with the 3GPP standards specification for the 5G NR access technology; greater way more standardized approach can be carried out in the communication system.
Regarding claim 30, Li in view of Jin teaches as per claim 29, at least one transceiver coupled to the at least one modem; at least one antenna coupled to the at least one transceiver to wirelessly transmit signals output from the at least one transceiver and to wirelessly receive signals for input into the at least one transceiver; and a housing that encompasses at least the processor, the at least one modem, the at least one transceiver, and at least a portion of the at least one antenna; Li see Fig. 6- 7 and [0064- 0065].
Regarding claim 31, Li in view of Jin teaches as per claim 29, wherein the processor is further configured to reject a request from the UE to establish the wireless connection with base station when the base station and the UE are configured to operate according to different ones of the first variant and the second variant; Li already discussed above in [0061] regarding based on compatibility user device is allowed or not allowed and any base station can be a cell of an another type of RAT (i.e. first base station of first RAT).
Claim(s) 5, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Pub. No. 2020/0112908 A1) in view of Jin et al. (US Pub. No. 2020/0314932 A1) and further in view of Kim et al. (US Pub. No. 2006/0148486 A1).
Regarding claim 5, Li in view of Jin teaches as per claim 1, but Li fails to state about wherein receiving the indicia includes: receiving location data that indicates that the UE is located in a geographic area; and retrieving the indicia from compatibility information that correlates the geographic area in association with a standards specification for a particular one of the first variant or the second variant; however Kim states in Fig. 6 regarding receiving user terminal position information from GPS satellite and comparing that with AP (i.e. base station here). It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Kim with the teachings of Li in view of Jin to make system more effective. Having a mechanism wherein receiving the indicia includes: receiving location data that indicates that the UE is located in a geographic area; and retrieving the indicia from compatibility information that correlates the geographic area in association with a standards specification for a particular one of the first variant or the second variant; greater way resources can be utilized./managed in the communication system.
Regarding claim 17, Li in view of Jin teaches as per claim 13, but Li fails to state about wherein the at least one modem is configured to obtain location data that indicates that the UE is located in a geographic area; and wherein the processor is configured to retrieve the indicia from compatibility information that correlates the geographic area in association with a standards specification for a particular one of the first variant or the second variant; however Kim states in Fig. 6 regarding receiving user terminal position information from GPS satellite and comparing that with AP (i.e. base station here). It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Kim with the teachings of Li in view of Jin to make system more effective. Having a mechanism wherein the at least one modem is configured to obtain location data that indicates that the UE is located in a geographic area; and wherein the processor is configured to retrieve the indicia from compatibility information that correlates the geographic area in association with a standards specification for a particular one of the first variant or the second variant; greater way resources can be utilized./managed in the communication system.
Claim(s) 6- 7, 18, 25 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Pub. No. 2020/0112908 A1) in view of Jin et al. (US Pub. No. 2020/0314932 A1) and further in view of Sharma et al. (US Pub. No. 2022/0086953 A1).
Regarding claim 6, Li in view of Jin teaches as per claim 1, but Li fails to state about wherein receiving the indicia includes: attempting to establish the wireless connection with the first base station; receiving a radio resource control (RRC) message from the first base station; and retrieving the indicia from the RRC message; however Sharma states in claim 20 regarding communications device (i.e. UE) configured to transmit or receive signals via a wireless access interface provided by a wireless communications network to or from one or more infrastructure equipment (i.e. base station) forming part of the wireless communications network, wherein the communications device is configured to: receive a first Radio Resource Control (RRC) message from one of the infrastructure equipment comprising an indication that the infrastructure equipment is capable of operating in accordance with a packet data convergence protocol (PDCP) in accordance with a first radio access technology…... It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Sharma with the teachings of Li in view of Jin to make system more effective. Having a mechanism wherein receiving the indicia includes: attempting to establish the wireless connection with the first base station; receiving a radio resource control (RRC) message from the first base station; and retrieving the indicia from the RRC message; greater way resources can be utilized./managed in the communication system.
Regarding claim 7, Li in view of Jin teaches as per claim 1, Li states about wherein receiving the indicia includes at least one member of a group consisting of: receiving a radio resource control (RRC) configuration message that carries one or more configuration elements for a feature that is specific to a particular one of the first variant or the second variant;
receiving an RRC connection rejection message that carries a reject code indicating that the first base station is configured to operate according to a different one of the first variant or the second variant than the UE;
receiving an RRC redirection message that carries a redirection code instructing the UE to establish the wireless connection to a second base station that is configured to operate according to the same one of the first variant or the second variant as the UE; and
receiving an RRC redirection message that carries a redirection code instructing the UE to establish the wireless connection to a second base station that is configured to operate according to a second RAT; however Sharma states in claim 20 regarding communications device (i.e. UE) configured to transmit or receive signals via a wireless access interface provided by a wireless communications network to or from one or more infrastructure equipment (i.e. base station) forming part of the wireless communications network, wherein the communications device is configured to: receive a first Radio Resource Control (RRC) message from one of the infrastructure equipment comprising an indication that the infrastructure equipment is capable of operating in accordance with a packet data convergence protocol (PDCP) in accordance with a first radio access technology…... It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Sharma with the teachings of Li to make system more effective. Having a mechanism wherein receiving the indicia includes at least one member of a group consisting of: receiving a radio resource control (RRC) configuration message that carries one or more configuration elements for a feature that is specific to a particular one of the first variant or the second variant; receiving an RRC connection rejection message that carries a reject code indicating that the first base station is configured to operate according to a different one of the first variant or the second variant than the UE; receiving an RRC redirection message that carries a redirection code instructing the UE to establish the wireless connection to a second base station that is configured to operate according to the same one of the first variant or the second variant as the UE; and receiving an RRC redirection message that carries a redirection code instructing the UE to establish the wireless connection to a second base station that is configured to operate according to a second RAT; greater way resources can be utilized./managed in the communication system.
Regarding claim 18, Li in view of Jin teaches as per claim 13, but Li fails to state about wherein the at least one modem is configured to: attempt to establish the wireless connection with the first base station, and obtain a radio resource control (RRC) message from the first base station; and wherein the processor is configured to retrieve the indicia from the RRC message; however Sharma states in claim 20 regarding communications device (i.e. UE) configured to transmit or receive signals via a wireless access interface provided by a wireless communications network to or from one or more infrastructure equipment (i.e. base station) forming part of the wireless communications network, wherein the communications device is configured to: receive a first Radio Resource Control (RRC) message from one of the infrastructure equipment comprising an indication that the infrastructure equipment is capable of operating in accordance with a packet data convergence protocol (PDCP) in accordance with a first radio access technology…... It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Sharma with the teachings of Li in view of Jin to make system more effective. Having a mechanism wherein the at least one modem is configured to: attempt to establish the wireless connection with the first base station, and obtain a radio resource control (RRC) message from the first base station; and wherein the processor is configured to retrieve the indicia from the RRC message; greater way resources can be utilized./managed in the communication system.
Claim(s) 9, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Pub. No. 2020/0112908 A1) in view of Jin et al. (US Pub. No. 2020/0314932 A1) and further in view of Lu et al. (US Pub. No. 2021/0029756 A1).
Regarding claim 9, Li in view of Jin teaches as per claim 1, but Li fails to state about wherein receiving the indicia includes: receiving a non-access stratum (NAS) message from a core network via the first base station or a second base station; and retrieving the indicia from the NAS message; however Lu states in [0309] regarding …Based on the manner 1, S410 may include that the terminal determines, based on the NAS message, the service accept message, and the recorded information indicating that the access technology type of the first PDU session is changed, to send the third message to the AMF network element.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Lu with the teachings of Li in view of Jin to make system more effective. Having a mechanism wherein receiving the indicia includes: receiving a non-access stratum (NAS) message from a core network via the first base station or a second base station; and retrieving the indicia from the NAS message; greater way resources can be utilized./managed in the communication system.
Regarding claim 20, Li in view of Jin teaches as per claim 13, but Li fails to state about wherein the at least one modem is configured to obtain a non-access stratum (NAS) message from a core network via the first base station or a second base station; and wherein the processor is configured to retrieve the indicia from the NAS message; however Lu states in [0309] regarding …Based on the manner 1, S410 may include that the terminal determines, based on the NAS message, the service accept message, and the recorded information indicating that the access technology type of the first PDU session is changed, to send the third message to the AMF network element.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Lu with the teachings of Li in view of Jin to make system more effective. Having a mechanism wherein the at least one modem is configured to obtain a non-access stratum (NAS) message from a core network via the first base station or a second base station; and wherein the processor is configured to retrieve the indicia from the NAS message; greater way resources can be utilized./managed in the communication system.
Claim(s) 10, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Pub. No. 2020/0112908 A1) in view of Jin et al. (US Pub. No. 2020/0314932 A1) and further in view of Jiang et al. (US Pub. No. 2020/0252863 A1).
Regarding claim 10, Li in view of Jin teaches as per claim 1, but Li fails to state about retrieving the indicia from compatibility information stored in a memory of the UE, wherein the compatibility information compatibility information that correlates a mobile country code (MCC) of the first base station in association with a geographic region, the compatibility information including one or more MCCs for respective geographic regions that supports either the first variant or the second variant of the first RAT; however Jiang in context with [0078, 0107] states in [0110- 0111] regarding … in this embodiment of the present invention, the storage unit 305 (i.e. of apparatus 300 i.e. here UE) stores program data, and the processor unit 302 executes the program data to obtain an MCC of a roaming area. The communications unit 304 is further configured to obtain a preferential roaming list (i.e. variant) from a network server, where the preferential roaming list is used to indicate information about at least one network that a user preferentially attempts to register with when the user is roaming. Optionally, the storage unit 305 may store the preferential roaming list. The processor unit 302 executes the program data stored in the storage unit 305, so as to select a network that matches the MCC from the preferential roaming list obtained by the communications unit 304.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Jiang with the teachings of Li in view of Jin to make system more effective. Having a mechanism retrieving the indicia from compatibility information stored in a memory of the UE, wherein the compatibility information compatibility information that correlates a mobile country code (MCC) of the first base station in association with a geographic region, the compatibility information including one or more MCCs for respective geographic regions that supports either the first variant or the second variant of the first RAT; greater way resources can be utilized./managed in the communication system.
Regarding claim 21, Li in view of Jin teaches as per claim 20, but Li fails to state about wherein the processor is configured retrieve the indicia from compatibility information stored in a memory of the UE, wherein the compatibility information compatibility information that correlates a mobile country code (MCC) of the first base station in association with a geographic region, the compatibility information including one or more MCCs for respective geographic regions that supports either the first variant or the second variant of the first RAT; however Jiang in context with [0078, 0107] states in [0110- 0111] regarding … in this embodiment of the present invention, the storage unit 305 (i.e. of apparatus 300 i.e. here UE) stores program data, and the processor unit 302 executes the program data to obtain an MCC of a roaming area. The communications unit 304 is further configured to obtain a preferential roaming list (i.e. variant) from a network server, where the preferential roaming list is used to indicate information about at least one network that a user preferentially attempts to register with when the user is roaming. Optionally, the storage unit 305 may store the preferential roaming list. The processor unit 302 executes the program data stored in the storage unit 305, so as to select a network that matches the MCC from the preferential roaming list obtained by the communications unit 304.. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Jiang with the teachings of Li in view of Jin to make system more effective. Having a mechanism wherein the processor is configured retrieve the indicia from compatibility information stored in a memory of the UE, wherein the compatibility information compatibility information that correlates a mobile country code (MCC) of the first base station in association with a geographic region, the compatibility information including one or more MCCs for respective geographic regions that supports either the first variant or the second variant of the first RAT; greater way resources can be utilized./managed in the communication system.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Pub. No. 2020/0112908 A1) in view of Jin et al. (US Pub. No. 2020/0314932 A1) and further in view of Kim et al. (US Pub. No. 2015/0245258 A1).
Regarding claim 27, Li in view of Jin teaches as per claim 23, but Li fails to state about receiving information regarding a Home Public Land Mobile Network (HPLMN) of the UE, wherein the base station is acting as a Visiting Public Land Mobile Network (VPLMN) that is different from the HPLMN; and rejecting the request when the HPLMN and the VPLMN are configured to operate according to different ones of the first variant and the second variant.; however Kim teaches in [0199] regarding if a UE, which has subscribed to HPLMN having only roaming agreement for 2G/3G network with VPLMN, but no roaming agreement for LTE with the VPLMN, transmits a mobility management request message such as an Attach/TAU/RAU/Service request message to a network node in any TA of the VPLMN, the one embodiment of the present disclosure allows the network node to transmit a mobility management reject message such as Attach/TAU/Service Reject message including a rejecting cause value #15, a first timer (e.g., T1 timer) and a second timer (e.g., T2 time; further see [0200- 0201]. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Jin with the teachings of Kim to make system more standardized. Having a mechanism wherein receiving information regarding a Home Public Land Mobile Network (HPLMN) of the UE, wherein the base station is acting as a Visiting Public Land Mobile Network (VPLMN) that is different from the HPLMN; and rejecting the request when the HPLMN and the VPLMN are configured to operate according to different ones of the first variant and the second variant.; greater way more standardized approach can be carried out in the communication system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see PTO-892 form for considered prior arts for record.
Reference Chandramouli et al. (US Pub. No. 2023/0073757 A1), hereafter Chandra. Chandra teaches as per recitations regarding a request from the UE to establish the wireless connection with base station when the base station and the UE are configured to operate according to different ones of the first variant and the second variant (i.e. as per claim 29 its OR limitations); see [0132]… The RAT Type the UE is using is determined (see clause 4.2.2.2.1) and based on it the AMF determines whether the UE is performing Inter-RAT mobility to or from NB-IoT. If the AMF receives the LTE M indication, then it considers that the RAT Type is LTE-M and stores the LTE-M Indication in UE Context. If a UE includes a Preferred Network Behaviour, this defines the Network Behaviour the UE supports and is expecting to be available in the network as defined in TS 23.501, clause 5.31.2. If the UE has included the Preferred Network Behaviour, and what the UE indicated it supports in Preferred Network Behaviour is incompatible with the network support, the AMF (i.e. network nose/base station) shall reject the Registration Request with an appropriate cause value (e.g. one that avoids retries on this PLMN).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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PARTH PATEL
Primary Examiner
Art Unit 2479
/PARTH PATEL/ Primary Examiner, Art Unit 2479