DETAILED ACTION
This application has been examined. Claims 1-20 are pending.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/25/2026 has been entered.
Response to Arguments
Applicant's arguments filed 5/25/2026 have been fully considered but they are moot in view of the new grounds for rejection.
The Applicant presents the following argument(s) [in italics]:
… The claim recites "UEs receiving a signal at each of the master node and the secondary node," which describes the opposite direction of communication. Yao does not teach analyzing whether UEs are receiving signals from both a master node and a secondary node…
The Examiner respectfully disagrees with the Applicant.
The claims do not recite an explicit operational step wherein ‘UEs are receiving signals from both a master node and a secondary node’. The Examiner notes the claims are directed towards first measurement data and the second measurement data containing/ indicating information about the UEs.
Vivanco Column 10 Lines 40-45 disclosed wherein user equipment 230 can perform measurements relating to the neighboring network nodes (e.g., measurements of signal strengths thereof).
The Examiner notes that the Vivanco signal measurement is an indication wherein the UE capturing and measuring the signal(s) from multiple nodes. The signal measurement data is equivalent to an indication wherein the UE is receiving signals from both a master node and a secondary node.
Vivanco-Teyeb disclosed (re. Claim 1) determining whether an interface link between the master node and the secondary node has been established (Teyeb-Paragraph 229 , initiates Xn/X2 interface if not already existing and if supported by the neighbour node) based on the first reporting data (Vivanco-Column 10 Lines 40-45, user equipment 230 can perform measurements relating to the neighboring network nodes (e.g., measurements of signal strengths thereof) and provide corresponding measurement reports to the network node 205 (e.g., eNB1)) and the second reporting data (Vivanco-Column 12 Lines 15-20, network node addition request (for dual connectivity) can be triggered (280a of FIG. 2C) by a measurement report (e.g., a B1 measurement report), regarding one or more secondary network nodes (e.g., the network node 226 (e.g., a gNB or NR cell) )
While Vivanco-Teyeb substantially disclosed the claimed invention Vivanco-Teyeb does not disclose (re. Claim 1) wherein the determining whether the interface link has been established comprises a determination that the interface link does not exist in response to the first measurement data and the second measurement data indicating that a threshold number of user equipment (UEs) are receiving a signal at each of the master node and the secondary node
Yao Paragraph 238 disclosed wherein service producer may utilize machine learning to identify patterns related to these measurements such as nodes receiving many requests, nodes successfully completing requests, and/or metrics related to handover.
Yao disclosed (re. Claim 4,11,18) first measurement data and the second measurement data indicating that a number of user equipment (UEs) are receiving a signal at each of the master node and the secondary node ( Yao-Paragraph 238,service producer may utilize machine learning to identify patterns related to these measurements such as nodes receiving many requests, nodes successfully completing requests, and/or metrics related to handover.)
Vivanco and Yao are analogous art because they present concepts and practices regarding determination of handover nodes. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Yao into Vivanco-Teyeb. The motivation for the said combination would have been to enable generating recommendations and/or node selections for load balancing between network nodes and/or to reduce network latency.(Yao-Paragraph Paragraph 238)
Vivanco-Teyeb-Yao disclosed (re. Claim 1) determining whether the interface link has been established comprises a determination that the interface link does not exist (Teyeb-Paragraph 229 , initiates Xn/X2 interface if not already existing and if supported by the neighbour node)
in response to the first measurement data and the second measurement data indicating that a number of user equipment (UEs) are receiving a signal at each of the master node and the secondary node (Yao-Paragraph 230,Paragraph 238,service producer may utilize machine learning to identify patterns related to these measurements such as nodes receiving many requests, nodes successfully completing requests, and/or metrics related to handover.)
While Vivanco-Teyeb substantially disclosed the claimed invention Vivanco-Teyeb does not disclose (re. Claim 1) threshold number of user equipment (UEs) receiving a signal at each of the master node and the secondary node.
Koike Paragraph 76-77 disclosed wherein he corresponding base station 8 calculates a handover frequency (the number of times of inbound handovers+the number of times of outbound handovers) (“13”). As determination threshold values, an upper limit threshold value (THUC: for example, 100 times) and a lower limit threshold value (THDC: for example, 50 times) are provided. In a case where the handover frequency exceeds the THU (“13”: Yes), it is determined that the X2 connection is desirable.
Koike disclosed (re. Claim 1) threshold number of user equipment (UEs) receiving a signal at each of the master node and the secondary node. (Koike-Paragraph 76, corresponding base station 8 calculates a handover frequency (the number of times of inbound handovers+the number of times of outbound handovers) (“13”). As determination threshold values, an upper limit threshold value (THUC: for example, 100 times) and a lower limit threshold value (THDC: for example, 50 times) are provided.)
Vivanco and Koike are analogous art because they present concepts and practices regarding determination of handover nodes. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Koike into Vivanco-Teyeb. The motivation for the said combination would have been to enable determining that the X2 connection is desirable for the base stations and enabling to establish a connection available for performing a handover between base stations. (Koike-Paragraph 77,Paragraph 108)
Vivanco-Teyeb-Yao-Koike disclosed (re. Claim 4,11,18) detecting an anomaly (Koike-Paragraph 77,In a case where the handover frequency exceeds the THU (“13”: Yes), it is determined that the X2 connection is desirable ) indicating that the threshold number of UEs are within a service or coverage area of the master node and the secondary node between which no interface link is defined. (Koike-Paragraph 76, corresponding base station 8 calculates a handover frequency (the number of times of inbound handovers+the number of times of outbound handovers) (“13”). As determination threshold values, an upper limit threshold value (THUC: for example, 100 times) and a lower limit threshold value (THDC: for example, 50 times) are provided.)
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Priority
This application claims benefits of priority from PCT Application PCT/US2023/025555 filed June 16, 2023.
The effective date of the claims described in this application is June 16, 2023.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 recites limitations regarding ‘user equipment (UEs) are receiving a signal at each of the master node and the secondary node’.
Applicant indicates Figure 5 as providing support for said claim limitation, wherein UE’s are receiving signals from both a master node and a secondary node.
Upon inspection of the cited portions of the Applicant Specifications (Figure 5,Paragraph 48-52) the Examiner does not detect sufficient guidance regarding wherein ‘UE’s are receiving signals from both a master node and a secondary node.’
The Examiner notes wherein the Applicant Specifications indicate wherein the UE is sending the measurement information to a primary node and/or base station.
The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1,8,15 recites the limitation " the first measurement data and the second measurement data ". There is insufficient antecedent basis for this limitation in the claim.
Claims 2-7 are rejected based on dependency on Claim 1.
Claims 9-14 are rejected based on dependency on Claim 8.
Claims 16-20 are rejected based on dependency on Claim 15.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vivanco (US Patent 11290928) further in view of Teyeb (USPGPUB 2022/0264383) further in view of Yao (USPGPUB 20220141751) further in view of Koike (USPGPUB 2016/0309387)
Regarding Claim 1
Vivanco Column 8 Lines 50-55,Column 2 Lines 25-30 disclosed managing a mapping of neighbor relations in a neighbor list of a network node based on multiple of such weighting factors and corresponding pairings of network nodes to enable selections of handover target network nodes (e.g., intelligent decisions on handover targets) that are likely to provide suitable dual connectivity coverage for the user equipment.
Vivanco disclosed (re. Claim 1) a system comprising: a non-transitory computer readable medium configured to store instructions thereon; and a processor connected to the non-transitory computer readable medium, wherein the processor is configured to execute the instructions for:
receiving first reporting data associated with a master node for a first group of users;(Vivanco-Column 10 Lines 40-45, user equipment 230 can perform measurements relating to the neighboring network nodes (e.g., measurements of signal strengths thereof) and provide corresponding measurement reports to the network node 205 (e.g., eNB1))
receiving second reporting data associated with a secondary node for a second group of users; (Vivanco-Column 12 Lines 15-20, network node addition request (for dual connectivity) can be triggered (280a of FIG. 2C) by a measurement report (e.g., a B1 measurement report), regarding one or more secondary network nodes (e.g., the network node 226 (e.g., a gNB or NR cell) )
and
establishing the interface link between the master node and the secondary node, in response to a determination that the handover target network node is likely to result in suitable dual connectivity coverage for the user equipment, based on data relating to the user equipment.(Vivanco-Column 9 Lines 60-65, network node 205 can establish a connection (e.g., over one or more X2 interfaces) with one or more of such neighboring network nodes to facilitate handovers and/or provision of dual connectivity.)
While Vivanco substantially disclosed the claimed invention Vivanco does not disclose (re. Claim 1)
determining whether an interface link between the master node and the secondary node has been established; and
establishing the interface link between the master node and the secondary node, in response to a determination that the interface link is not established.
Teyeb Paragraph 229 disclosed wherein cell global identities (CGI) reporting is usually triggered just before handover so that the source node knows to which neighbour node the cell belongs, and initiates Xn/X2 interface (if not already existing and if supported by the neighbour node).
Teyeb disclosed (re. Claim 1) determining whether an interface link between the master node and the secondary node has been established; (Teyeb-Paragraph 229 , initiates Xn/X2 interface if not already existing and if supported by the neighbour node)
and
establishing the interface link between the master node and the secondary node, in response to a determination that the interface link is not established. (Teyeb-Paragraph 229 , initiates Xn/X2 interface if not already existing and if supported by the neighbour node)
Vivanco and Teyeb are analogous art because they present concepts and practices regarding determination of handover nodes. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Teyeb into Vivanco. The motivation for the said combination would have been to ensure that the UE will be handed over only when needed and towards the node/cell that offers it the best conditions.(Teyeb-Paragraph 166)
Vivanco-Teyeb disclosed (re. Claim 1) determining whether an interface link between the master node and the secondary node has been established (Teyeb-Paragraph 229 , initiates Xn/X2 interface if not already existing and if supported by the neighbour node) based on the first reporting data (Vivanco-Column 10 Lines 40-45, user equipment 230 can perform measurements relating to the neighboring network nodes (e.g., measurements of signal strengths thereof) and provide corresponding measurement reports to the network node 205 (e.g., eNB1)) and the second reporting data (Vivanco-Column 12 Lines 15-20, network node addition request (for dual connectivity) can be triggered (280a of FIG. 2C) by a measurement report (e.g., a B1 measurement report), regarding one or more secondary network nodes (e.g., the network node 226 (e.g., a gNB or NR cell) )
Vivanco-Teyeb disclosed (re. Claim 1) determining whether an interface link between the master node and the secondary node has been established (Teyeb-Paragraph 229 , initiates Xn/X2 interface if not already existing and if supported by the neighbour node) based on the first reporting data (Vivanco-Column 10 Lines 40-45, user equipment 230 can perform measurements relating to the neighboring network nodes (e.g., measurements of signal strengths thereof) and provide corresponding measurement reports to the network node 205 (e.g., eNB1)) and the second reporting data (Vivanco-Column 12 Lines 15-20, network node addition request (for dual connectivity) can be triggered (280a of FIG. 2C) by a measurement report (e.g., a B1 measurement report), regarding one or more secondary network nodes (e.g., the network node 226 (e.g., a gNB or NR cell) )
While Vivanco-Teyeb substantially disclosed the claimed invention Vivanco-Teyeb does not disclose (re. Claim 1) wherein the determining whether the interface link has been established comprises a determination that the interface link does not exist in response to the first measurement data and the second measurement data indicating that a threshold number of user equipment (UEs) are receiving a signal at each of the master node and the secondary node
Yao Paragraph 238 disclosed wherein service producer may utilize machine learning to identify patterns related to these measurements such as nodes receiving many requests, nodes successfully completing requests, and/or metrics related to handover.
Yao disclosed (re. Claim 4,11,18) first measurement data and the second measurement data indicating that a number of user equipment (UEs) are receiving a signal at each of the master node and the secondary node ( Yao-Paragraph 238,service producer may utilize machine learning to identify patterns related to these measurements such as nodes receiving many requests, nodes successfully completing requests, and/or metrics related to handover.)
Vivanco and Yao are analogous art because they present concepts and practices regarding determination of handover nodes. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Yao into Vivanco-Teyeb. The motivation for the said combination would have been to enable generating recommendations and/or node selections for load balancing between network nodes and/or to reduce network latency.(Yao-Paragraph Paragraph 238)
Vivanco-Teyeb-Yao disclosed (re. Claim 1) determining whether the interface link has been established comprises a determination that the interface link does not exist (Teyeb-Paragraph 229 , initiates Xn/X2 interface if not already existing and if supported by the neighbour node)
in response to the first measurement data and the second measurement data indicating that a number of user equipment (UEs) are receiving a signal at each of the master node and the secondary node (Yao-Paragraph 230,Paragraph 238,service producer may utilize machine learning to identify patterns related to these measurements such as nodes receiving many requests, nodes successfully completing requests, and/or metrics related to handover.)
While Vivanco-Teyeb substantially disclosed the claimed invention Vivanco-Teyeb does not disclose (re. Claim 1) a threshold number of user equipment (UEs) receiving a signal at each of the master node and the secondary node.
Koike Paragraph 76-77 disclosed wherein he corresponding base station 8 calculates a handover frequency (the number of times of inbound handovers+the number of times of outbound handovers) (“13”). As determination threshold values, an upper limit threshold value (THUC: for example, 100 times) and a lower limit threshold value (THDC: for example, 50 times) are provided. In a case where the handover frequency exceeds the THU (“13”: Yes), it is determined that the X2 connection is desirable.
Koike disclosed (re. Claim 1) a threshold number of user equipment (UEs) receiving a signal at each of the master node and the secondary node. (Koike-Paragraph 76, corresponding base station 8 calculates a handover frequency (the number of times of inbound handovers+the number of times of outbound handovers) (“13”). As determination threshold values, an upper limit threshold value (THUC: for example, 100 times) and a lower limit threshold value (THDC: for example, 50 times) are provided.)
Vivanco and Koike are analogous art because they present concepts and practices regarding determination of handover nodes. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Koike into Vivanco-Teyeb. The motivation for the said combination would have been to enable determining that the X2 connection is desirable for the base stations and enabling to establish a connection available for performing a handover between base stations. (Koike-Paragraph 77,Paragraph 108)
Regarding Claim 8
Claim 8 (re. method) recites substantially similar limitations as Claim 1. Claim 8 is rejected on the same basis as Claim 1.
Regarding Claim 15
Claim 15 (re. non-transitory computer readable medium) recites substantially similar limitations as Claim 1. Claim 15 is rejected on the same basis as Claim 1.
Regarding Claim 2,9,16
Vivanco-Teyeb-Yao-Koike disclosed (re. Claim 2,9,16) wherein the interface link comprises an X2 interface link. (Vivanco-Column 9 Lines 60-65, network node 205 can establish a connection (e.g., over one or more X2 interfaces) with one or more of such neighboring network nodes to facilitate handovers and/or provision of dual connectivity.)
Regarding Claim 3,10,17
Vivanco-Teyeb-Yao-Koike disclosed (re. Claim 3,10,17) wherein the first reporting data includes Long Term Evolution (LTE) or fourth generation (4G) measurement data (Vivanco-Column 10 Lines 40-45, user equipment 230 can perform measurements relating to the neighboring network nodes (e.g., measurements of signal strengths thereof) and provide corresponding measurement reports to the network node 205 (e.g., eNB1)) and the second reporting data comprises fifth generation (5G) measurement data. (Vivanco-Column 12 Lines 15-20, network node addition request (for dual connectivity) can be triggered (280a of FIG. 2C) by a measurement report (e.g., a B1 measurement report), regarding one or more secondary network nodes (e.g., the network node 226 (e.g., a gNB or NR cell) )
Regarding Claim 4,11,18
Vivanco-Teyeb-Yao-Koike disclosed (re. Claim 4,11,18) detecting an anomaly (Koike-Paragraph 77,In a case where the handover frequency exceeds the THU (“13”: Yes), it is determined that the X2 connection is desirable ) indicating that the threshold number of UEs are within a service or coverage area of the master node and the secondary node between which no interface link is defined. (Koike-Paragraph 76, corresponding base station 8 calculates a handover frequency (the number of times of inbound handovers+the number of times of outbound handovers) (“13”). As determination threshold values, an upper limit threshold value (THUC: for example, 100 times) and a lower limit threshold value (THDC: for example, 50 times) are provided.)
Regarding Claim 5,12,19
Vivanco-Teyeb-Yao-Koike disclosed (re. Claim 5,12,19) creating a fingerprint to uniquely identify data in the first reporting data.(Teyeb-Paragraph 188, CGI is a globally unique identifier for a base station (e.g., eNB or gNB), and includes four parts: Mobile Country Code (MCC), Mobile Network Code (MNC), Location Area Code (LAC), and Cell Identification (CI). For eNBs, the CGI is referred to as “eCGI” and also includes an eNB-ID.)
Regarding Claim 6,13
Vivanco-Teyeb-Yao disclosed (re. Claim 6,13) wherein the master node is capable of providing service for a first coverage area, and the secondary node is capable of providing service for a second coverage area within the first coverage area.(Vivanco-Figure 2A,Column 10 Lines 35-40, user equipment 230 is located within coverage ranges of neighboring network nodes 215 (e.g., eNB2), 225 (e.g., eNB3), 206 (e.g., gNB1), 216 (e.g., gNB2), and 226 (gNB3))
Regarding Claim 7,14,20
Vivanco-Teyeb-Yao-Koike disclosed (re. Claim 7,14,20) comparing first data elements from the first reporting data corresponding to a first fingerprint with second data elements from the second reporting data corresponding to the first fingerprint.(Teyeb-Paragraph 326, CU can compare the corresponding PCI for each particular cell in the first measurement report to one or more of the stored PCIs (i.e., in the NCRT).)
Conclusion
Examiner’s Note: In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREG C BENGZON whose telephone number is (571)272-3944. The examiner can normally be reached on Monday - Friday 8 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached on (571) 272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREG C BENGZON/ Primary Examiner, Art Unit 2444
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