DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive. First, applicant argues that Chen et al do not disclose conditional handovers and Xu et al do not disclose how to count the handover responses. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Chen et al teach the base station receives, on the X2 interface, a message, e.g. UE context release, which represents the handover response message from other base stations; paragraph [0124], and according to the handover cause, the base station adds 1 to the number of times for executing the inter-base handover of the UE on the X2 interface corresponding to the cause (paragraphs [0129], [0131], S1308b, Figure 13). Although Chen do not explicitly disclose sending a conditional handover response message in response to the conditional handover request messages, in related art, Xu et al teaches receiving one or more conditional handover response messages (CHO request ACK message 1116 and CHO request ACK message 1118) from respective target base stations responsive to the conditional handover (CHO) request messages (conditional handover (CHO) request to a second base station of cell #2 in step 1112 and conditional handover (CHO) request to a third base station of cell #3 in step 1114) (see Figures 5, 11 and paragraphs [0074], [0099]). Although Xu do not disclose counting the handover responses, this is already taught by the reference Chen and thus Xu does not need to teach it based on the 35 USC 103 prima facie case of obviousness rejection. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xu’s conditional handover response into the method of Chen et al in order to reduce the number of handover/radio link failures due to the handover commands in conditional handover that are sent early which prepare target cells while radio conditions are good or while link quality is still high to avoid the late handover issue in regular handover where a connection drops before a handover command can be successfully received.
Applicant further argues that the cited references, Chen et al and Xu et al do not disclose handover response counter as set forth in the claims that counts multiple handover response messages as a single response. However, the examiner respectfully disagrees. The claim recites “incrementing the handover counter once regardless of the number of handover response messages received”, the claim does NOT recite that “multiple handover response messages are counted as a single response”. Thus, the claim is interpreted as the handover counter is counted once, or is incremented once, without regard to or taking into account the number of handover response messages received as taught by Chen et al (according to the handover cause, the base station adds 1 to the number of times for executing the inter-base handover of the UE on the X2 interface corresponding to the cause; paragraphs [0129], [0131], S1308b, Figure 13). As a result, given the broadest reasonable interpretation to one having ordinary skill in the art according to MPEP 2111.01, the cited prior art still read on the current claims.
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.
Claims 45-47, 51, 52, and 64-65 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2015/0,334,585) in view of Xu et al (US 2021/0,051,534; hereinafter Xu).
Regarding claims 45 and 64, Chen disclose a radio base station in a mobile communication network configured to support conditional handovers and a method implemented by a radio base station in a mobile communication network supporting conditional handovers (Figs. 11, 13), the radio base station being configured to:
send handover request messages to multiple target base stations to initiate handover of a wireless device (the base station sends, on the X2 interface, a message, i.e. handover request, representing a handover request to other eNBs; para. [0104]);
receive one or more handover response messages from respective target base stations responsive to the handover request messages (the base station receives, on the X2 interface, a message, e.g. UE context release, which represents the handover response message from other base stations; para. [0124]); and
in response to receiving the one or more handover response messages, incrementing a handover counter associated with the wireless device once regardless of a number of the handover response messages received (according to the handover cause, the base station adds 1 to the number of times for executing the inter-base handover of the UE on the X2 interface corresponding to the cause; paras. [0129], [0131], S1308b, Fig. 13). Chen do not disclose receiving one or more conditional handover response messages from respective target base stations responsive to the conditional handover request messages. In the same field of endeavor, Xu disclose receiving one or more conditional handover response messages from respective target base stations responsive to the conditional handover request messages (the second base station 504 respond in a conditional handover response message in step 514 to the conditional handover request in step 512 from base station 502; the first base station of cell #1 may transmit a conditional handover (CHO) request to a second base station of cell #2 in step 1112 and may transmit a conditional handover request to a third base station of cell #3 in step 1114, the first base station in cell #1 then receives the conditional response messages (CHO request ACK message 1116 and CHO request ACK message 1118) from respective base stations (second base station of cell #2 and third base station of cell #3) responsive to the CHO request message; Figs. 5, 11; paras. [0074], [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to reduce the number of handover/radio link failures due to the handover commands in conditional handover that are sent early which prepare target cells while radio conditions/link quality are good to avoid the late handover issue in regular handover where a connection drops before a handover command can be successfully received and to provide configuration information for the second cell or for the wireless to determine a configuration for use when communicating with the second cell (Xu; para. [0074]).
Regarding claim 46 and 65, Chen and Xu disclose the method and radio base station of claim 45 and 64 respectively, wherein the handover response messages comprise one or more handover request acknowledge messages indicating successful handover preparations by the one or more target base stations and the handover counter is a first handover response counter for maintaining a count of successful handover preparations (the base station receives, on the X2 interface, a message which represents the handover is executed successfully from other base stations, the base station obtains the value of the counter for counting the number of success times for executing the inter-base handover under each cause by superposing the number of success times for executing the inter-base handover, Chen, paras. [0124], [0133]; the handover response messages comprise conditional handover (CHO) request acknowledgment (ACK) messages (1116, 1118); Xu, ¶ [0099]).
Regarding claim 47, Chen and Xu disclose the method of claim 46, wherein incrementing the handover counter associated with the wireless device once regardless of a number of the handover response messages received comprises incrementing the first handover counter when a handover request acknowledge message is received from at least one target base station (according to the handover cause, the base station adds 1 to the counter when a response message is received from other base stations, Chen, paras. [0129], [0131]; S1308b of Fig. 13; the handover response messages comprise conditional handover request acknowledgment (ACK) messages (1116, 1118); Xu, para. [0099]).
Regarding claim 51, Chen and Xu disclose the method of claim 45, wherein the handover counter is defined per base station relation (the counter is based on the handover response message from other base stations; Chen, para. [0124]).
Regarding claim 52, Chen and Xu disclose the method of claim 45, wherein the handover counter is defined per base station cell relation (Chen, paras. [0100], [0112]; Xu, para. [0099], Fig. 11).
Claims 48-50 and 66-67 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2015/0,334,585) in view of Xu et al (US 2021/0,051,534) further in view of Min et al (US 2024/0,129,818; hereinafter Min).
Regarding claim 48 and 66, Chen and Xu disclose the method and radio base station of claim 46 and 64 respectively, wherein they do not disclose the handover response messages comprise one or more handover preparation failure messages indicating failed handover preparations by the one or more target base stations and the handover counter is a second handover response counter for maintaining a count of failed handover preparations. In the same field of endeavor, Min disclose the handover response messages comprise one or more handover preparation failure messages indicating failed handover preparations by the one or more target base stations and the handover counter is a second handover response counter for maintaining a count of failed handover preparations (the source radio base station 100 counts the number of reception times of handover preparation failure messages; paras. [0084], [0096]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide the count of the number of times of handover preparation failure messages so that the terminal can be released when the number of failures reaches a predetermined number (Min; para. [0008]).
Regarding claim 49, Chen, Xu, and Min disclose the method of claim 48, wherein incrementing a handover counter associated with the wireless device once regardless of a number of the handover response messages received comprises incrementing the first handover response counter when a handover preparation failure message is received from all the target base stations; Min; paras. [0084], [0096]).
Regarding claim 50 and 67, Chen and Xu disclose the method and radio base station of claim 45 and 64 respectively, wherein incrementing a handover counter associated with the wireless device once regardless of a number of the handover response messages received comprises: incrementing a first handover response counter in response to receiving a handover request acknowledge messages from at least on target base station (Chen, paras. [0129], [0131], step S1308b, Fig. 13; receiving CHO request ACK message 1116 and CHO request ACK message 1118 from second base station of cell #2 and third base station of cell #3); Xu, Figs. 5, 11, paras. [0074], [0099]). Chen and Xu do not disclose incrementing a second handover response counter in response to receiving a handover preparation failure message from each target base station. In the same field of endeavor, Min disclose incrementing a second handover response counter in response to receiving a handover preparation failure message from each target base station (paras. [0084], [0096]; Figs. 6, 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide the count of the number of times of handover preparation failure messages from all the base stations so that the terminal can be released when the number of failures reaches a predetermined number (Min; para. [0008]).
Claim 53 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2015/0,334,585) in view of Xu et al (US 2021/0,051,534) further in view of Hayashi et al (US 2019/0,174,311; hereinafter Hayashi).
Regarding claim 53, Chen and Xu disclose the method of claim 45, wherein they do not disclose the handover counter is defined per base station beam relation. In the same field of endeavor, Hayashi disclose the handover counter is defined per base station beam relation (¶ [0193]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to perform handover based on the beam counter from the source base station to a target base station.
Claim 54 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2015/0,334,585) in view of Xu et al (US 2021/0,051,534) further in view of Hsieh (US 2021/0,227,435).
Regarding claim 54, Chen and Xu disclose the method of claim 45, wherein they do not disclose the handover counter is defined per base station distributed unit relation. In the same field of endeavor, Hsieh disclose the handover counter is defined per base station distributed unit relation (paras. [0006], [0008], [0040], [0044]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to define the handover counter based on the relation between the distributed unit of the source base station and the distributed unit of the target base station for maintaining communication and signaling interfaces during handover (Hsieh; ¶ [0005]).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LANA N LE whose telephone number is (571) 272-7891. The examiner can normally be reached M-F 9:00am-5:00pm.
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, Wesley Kim, can be reached at (571) 272-7867. 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.
/LANA N LE/Primary Examiner, Art Unit 2648