DETAILED ACTION
Claims 1-9 are presented for examination.
Claims 1-2, 4-6, 8-9 are amended.
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 February 26, 2026, have been fully considered but they are not persuasive. Reasons set forth below.
In response to Applicant’s arguments regarding claim 1, Applicant argues Fujishiro fails to teach that the IAB node (i.e., the alleged communication device) transmits information indicating a request for enabling a function to control the UE (i.e., the alleged second communication device) to the donor gNB (i.e., the alleged first communication device) and receives an indication to enable the function to control the UE from the donor gNB. (Remarks, page 8). Examiner respectfully disagrees.
Fujishiro discloses in Fig. 1 [0034] The UE 100-2 indirectly communicates with the gNB 200-1 via the IAB node 300-1. [0035] An IAB node 300 is a device (relay apparatus) that is involved in communications between an eNB 200 and a UE 100 and relays the communications (controls communication of a second device). [0036] The IAB node 300 has a UE function (user equipment function) and a gNB function (base station function). The IAB node 300 uses the UE function to perform radio communications with a upper node (the gNB 200 or a upper IAB node 300), and also uses the gNB function to perform radio communications with a lower node (UE 100 or lower IAB node 300). In order to act as a relay device (to control communication of a second device), the IAB node needs to be configured with the gNB function. [0037] A radio section between the UE 100 and the IAB node 300 or gNB 200 may be referred to as an access link (or Uu). A radio section between the IAB node 300 and the gNB 200 or another IAB node 300 may be referred to as a backhaul link (or Un). Fujishiro teaches the IAB node (i.e., the alleged communication device) transmits information indicating a request for enabling a function to control the UE (i.e., the alleged second communication device) to the donor gNB (i.e., the alleged first communication device) ([0072] In the first embodiment, the IAB node 300-1 (the communication device) may transmit, to the gNB 200-1 (the first communication device), an indication indicating that the IAB node 300-1 has the function of the IAB node (that is, the Layer 2 relay function) before establishment of the backhaul link connection or requests establishment of the backhaul link connection. Hereinafter, such an indication will be referred to as an IAB indication. [0139] The notification indicating the intention of activating the relay function is the above-mentioned IAB indication. In other words, requesting the establishment of the backhaul link connection is an intention for activating the relay function or enabling a function to control the UE.
Fujishiro also teaches the IAB node (i.e., the alleged communication device) receives an indication to enable the function to control the UE from the donor gNB ([0075] the gNB 200-1 that has received the IAB indication from the IAB node 300-1 may transmit the IAB node configuration message to the IAB node 300-1. [0063] The IAB node configuration message includes configuration information for establishing a backhaul link connection (second radio connection) between the IAB node 300-1 and the gNB 200-1 for the gNB function of the IAB node 300-1, while maintaining the access link connection. [0066] The IAB node configuration message may include configuration information on a default bearer (or default link) The default bearer (or default link) is, for example, a bearer (or link) for relaying SIB (System Information Block) and relaying Msg3 from UE. [0067] The IAB node configuration message may include configuration information on the stack on the side of the donor gNB 200-1 and may optionally include configuration information on the stack on the side of the IAB node 300-2 (or UE 100). [0069] The configuration contents in the IAB node configuration message may further include a configuration of an adaptation layer (such as mapping (routing) configuration and priority configuration of lower side or higher side logical channel). In other words, the IAB node configuration message is an indication to enable the gNB function of the IAB node and to configure the IAB node to function as a relay, the function to control the UE. Since Fujishiro teaches the IAB node transmits information indicating a request to enable a relay function (IAB indication) to the doner gNB and receives a message to configure a relay function (IAB node configuration message) from the doner gNB, then Fijushiro teaches that the IAB node (i.e., the alleged communication device) transmits information indicating a request for enabling a function to control the UE (i.e., the alleged second communication device) to the donor gNB (i.e., the alleged first communication device) and receives an indication to enable the function to control the UE from the donor gNB. Therefore, Fujishiro teaches the newly amended claim 1 and claim 1 is rejected.
In response to the Applicant’s argument regarding the rejection of claim 6 (Remarks, page 7), the examiner respectfully disagrees. Claim 6 recites similar limitations as set forth in claim 1, thus the response to claim 1 is also applicable to claim 6. Therefore, for at least the reasons presented above for claim 1, claim 6 is rejected.
In response to the Applicant’s arguments regarding the dependent claims 2-5, and 7-9, Applicant has not made specific arguments pertaining to why the cited references do not teach the recited claims, other than their dependency to claim 1 or 6. Therefor for at least the reasons presented above for claim 1, the dependent claims 2-5, and 7-9 are rejected.
Regarding the 112(f) claim interpretation rejection of claim 1, the amendments address the issues cited in the previous office action. The rejection has been withdrawn.
The terminal disclaimer filed on February 26, 2026, disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on Application Number 18275161 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, and 3-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by FUJISHIRO (US 20210160735 A1).
Regarding claim 1, Fujishiro teaches a communication device comprising:
a transmitter (Fig. 3; transmitter 312 of IAB node) configured to transmit a connection request to a first communication device ([0083] As illustrated in FIG. 6, in step S101, the IAB node 300-1 establishes an access link connection (RRC connection) with the gNB 200-1 by, for example, performing a random access procedure for the gNB 200-1. The IAB node 300-1 may provide the IAB indication (connection request) in a message (e.g., Msg3) transmitted to the gNB 200-1 during the random access procedure.);
a receiver (Fig. 3; receiver 311 of IAB node) configured to receive connection permission from the first communication device (Fig. 6; [0097] In step S106, the gNB 200-1 transmits an IAB node configuration message (RRC reconfiguration message) (connection permission) to the IAB node 300-1. The IAB node configuration message may include a handover instruction designating the cell of the gNB 200-1 (i.e., the current serving cell of the IAB node 300-1) as the handover destination.); and
a processor (Fig. 3; controller 320 of IAB node) configured to establish a first connection to the first communication device ([0083] As illustrated in FIG. 6, in step S101, the IAB node 300-1 establishes an access link connection (RRC connection) (first connection) with the gNB 200-1 (first communication device).),
wherein the processor controls a communication of a second communication device ([0035] An IAB node 300 is a device (relay apparatus) that is involved in communications between an eNB 200 and a UE 100 and relays the communications (control communication of a second device). FIG. 1 illustrates an example in which an IAB node 300-1 is in radio connection with a gNB 200-1 serving as a donor and an IAB node 300-2 is in wireless connection with the IAB node 300-1. Each IAB node 300 manages a cell. The cell managed by the IAB node 300 may have a cell ID that may be the same as or different from the cell ID of the cell of the donor gNB 200-1 (In Fig. 1 IAB node 300-2 manages the communication of UE 100-3).);
the transmitter is configured to transmit information indicating a request for enabling a function to control the second communication device to the first communication device in a case where the connection to the first communication device is established (Fig. 6; [0085] In step S103, the IAB node 300-1 transmits the IAB indication ([0084] that is, a notification indicating an intention to function as an IAB node) to the gNB 200-1 (a request for enabling a function to control the second communication device). [0072] In the first embodiment, the IAB node 300-1 may transmit, to the gNB 200-1 (first communication device), an indication indicating that the IAB node 300-1 has the function of the IAB node (that is, the Layer 2 relay function) before establishment of the backhaul link connection or requests establishment of the backhaul link connection. Hereinafter, such an indication will be referred to as an IAB indication. [0139] The notification indicating the intention of activating the relay function (request for enabling a function to control the second communication device) is the above-mentioned IAB indication. [0073] Note that the IAB node 300-1 may transmit the IAB indication after establishing the access link connection with the gNB 200-1), and
the receiver is configured to receive an indication to enable the function to control the second communication device from the first communication device ([0075] the gNB 200-1 that has received the IAB indication from the IAB node 300-1 may transmit the IAB node configuration message to the IAB node 300-1. [0063] The IAB node configuration message includes configuration information for establishing a backhaul link connection (second radio connection) between the IAB node 300-1 and the gNB 200-1 for the gNB function of the IAB node 300-1, while maintaining the access link connection. [0066] The IAB node configuration message may include configuration information on a default bearer (or default link) The default bearer (or default link) is, for example, a bearer (or link) for relaying SIB (System Information Block) and relaying Msg3 from UE. [0067] The IAB node configuration message may include configuration information on the stack on the side of the donor gNB 200-1 and may optionally include configuration information on the stack on the side of the IAB node 300-2 (or UE 100). [0069] The configuration contents in the IAB node configuration message may further include a configuration of an adaptation layer (such as mapping (routing) configuration and priority configuration of lower side or higher side logical channel). In other words, the IAB node configuration message is an indication to enable the gNB function of the IAB node and to configure the IAB node to function as a relay, the function to control the UE.).
Regarding claim 3, Fujishiro teaches the communication device as claimed in claim 1, wherein the information related to the control of the second communication device includes one or both of a channel state with the second communication device and a service condition ([0124] In step S305, the IAB node 300-2 (OR UE 100-2) transmits a measurement report including the results of the radio measurement (channel state with the second communication device) to the gNB 200-1 via the IAB node 300-1 (i.e. the communication device of claim 1 relays the channel state with the second communication device to the first communication device ). [0175] each of the IAB nodes 300 under the donor gNB 200 may notify the donor gNB 200 of MBMS-related information regarding interest in a Multimedia Broadcast Multicast Service (MBMS) service. [0176] [0175] The MBMS-related information transmitted by the IAB node 300 may be information indicating the number of apparatuses interested in the MBMS service among lower apparatuses (the UE 100 and the IAB node 300) under the IAB node 300 (service condition).
Regarding claim 4, Fujishiro teaches the communication device as claimed in claim 1, wherein the processor obtains the information related to the control of the second communication device, based on a signal transmitted from another communication device (Fig. 11; [0161]. For example, each of the IAB node 300-1 (communication device of claim 1), the IAB node 300-2, and the UE 100 performs measurement of a radio state (for example, measurement of Reference Signal Received Power (RSRP), which is receiving power of a reference signal, and/or Reference Signal Received Quality (RSRQ), which is receiving quality of a reference signal) (information related to the control of the second communication device, based on a signal transmitted from another communication device) and sends a measurement report message including a measurement result to the donor gNB 200).
Regarding claim 5, Fujishiro teaches the communication device as claimed in claim 1, wherein the receiver receives the information related to the control of the second communication device from the second communication device ([0124] In step S305, the IAB node 300-2 (OR UE 100-2) transmits a measurement report including the results of the radio measurement (information related to the control of the second communication device) to the gNB 200-1 via the IAB node 300-1 (i.e. the communication device of claim 1 receives the measurement information from the second communication device before it relays it to the first communication device)).
Regarding claim 6, Fujishiro teaches a communication method performed by a communication device, the communication method comprising:
transmitting a connection request to a first communication device ([0083] As illustrated in FIG. 6, in step S101, the IAB node 300-1 establishes an access link connection (RRC connection) with the gNB 200-1 by, for example, performing a random access procedure for the gNB 200-1. The IAB node 300-1 may provide the IAB indication (connection request) in a message (e.g., Msg3) transmitted to the gNB 200-1 during the random access procedure.);
receiving connection permission from the first communication device (Fig. 6; [0097] In step S106, the gNB 200-1 transmits an IAB node configuration message (RRC reconfiguration message) (connection permission) to the IAB node 300-1. The IAB node configuration message may include a handover instruction designating the cell of the gNB 200-1 (i.e., the current serving cell of the IAB node 300-1) as the handover destination.);
establishing a first connection to the first communication device ([0083] As illustrated in FIG. 6, in step S101, the IAB node 300-1 establishes an access link connection (RRC connection) (first connection) with the gNB 200-1 (first communication device));
controlling a communication of a second communication device ([0035] An IAB node 300 is a device (relay apparatus) that is involved in communications between an eNB 200 and a UE 100 and relays the communications (control communication of a second device). FIG. 1 illustrates an example in which an IAB node 300-1 is in radio connection with a gNB 200-1 serving as a donor and an IAB node 300-2 is in wireless connection with the IAB node 300-1. Each IAB node 300 manages a cell. The cell managed by the IAB node 300 may have a cell ID that may be the same as or different from the cell ID of the cell of the donor gNB 200-1 (In Fig. 1 IAB node 300-2 manages the communication of UE 100-3).);
transmitting information related to control of the second communication device to the first communication device in a case where the connection to the first communication device is established (Fig. 6; [0085] In step S103, the IAB node 300-1 transmits the IAB indication ([0084] that is, a notification indicating an intention to function as an IAB node) to the gNB 200-1 (a request for enabling a function to control the second communication device). The transmission of the IAB indication by the IAB node 300-1 may be triggered by satisfaction of one or a plurality of the following events. [0086] When Msg5 (RRC Complete) is transmitted. [0087] When the connection with gNB is established (this may be Msg5 and after, for example, when the first RRC reconfiguration is done). [0072] In the first embodiment, the IAB node 300-1 may transmit, to the gNB 200-1 (first communication device), an indication indicating that the IAB node 300-1 has the function of the IAB node (that is, the Layer 2 relay function) before establishment of the backhaul link connection or requests establishment of the backhaul link connection (request for enabling a function to control the second communication device). [0073] Note that the IAB node 300-1 may transmit the IAB indication after establishing the access link connection with the gNB 200-1); and
receiving an indication to enable the function to control the second communication device from the first communication device ([0097] In step S106, the gNB 200-1 (first communication device) transmits an IAB node configuration message (RRC reconfiguration message) to the IAB node 300-1. [0065] The RRC reconfiguration message for establishing the backhaul link connection may include configuration information on a bearer (or L2 link) forming the backhaul link connection, and a cell ID (specifically, transmission configuration on a reference signal and a synchronization signal associated with the cell ID) to be transmitted by the IAB node 300-1. Such an RRC reconfiguration message will be hereinafter referred to as an IAB node configuration message (indication to enable the function to control the second communication device).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
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.
Claims 2, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over FUJISHIRO (US 20210160735 A1). In view of Mildh (US 20230247697 A1).
Regarding claim 2, Fujishiro teaches the communication device as claimed in claim 1, wherein the processor establishes a second connection ([0125] In step S306, the gNB 200-1 transmits an IAB node configuration message (RRC reconfiguration message) to the IAB node 300-2. The IAB node 300-2 executes processing of establishing a backhaul link connection (second connection) with the IAB node 300-1 based on the IAB node configuration message. Such establishment processing includes processing of generating a protocol stack (adaptation/RLC/MAC/PHY entity) for the backhaul link and configuring parameters based on the configuration information in the IAB node configuration message. [0126] In step S307, the gNB 200-1 transmits an RRC reconfiguration message to the IAB node 300-1. Such an RRC reconfiguration message is a message for changing the configuration in the IAB node 300-1 due to the addition of the IAB node 300-2. Such an RRC reconfiguration message includes, for example, mapping information indicating association between a logical channel of the IAB node 300-2 and a logical channel of the backhaul link of the IAB node 300-1.)
Fujishiro does not teach the connection is to an internet and establishes a user-plane connection of the second communication device via the second connection.
Mildh, in the same field of endeavor of wireless communications teaches the connection is to an internet (Fig. 23; [0442] Shows a UE 2392 connected to a host computer 2330 through an intermediate network 2320. Intermediate network 2320 may be one of, or a combination of more than one of, a public, private or hosted network; intermediate network 2320, if any, may be a backbone network or the Internet.) and establishes a user-plane connection of the second communication device via the second connection (Fig. 10 Shows the user plane connection between the UE 101 (second communication device) and the IAB nodes (communication device and first communication device) via the backhaul connection (second connection) [0060] The connections are depicted between the different protocols, in the different entities, either via UE's DRB 108, and/or a BH RLC channel 109 in FIG. 10. [0071] For the user plane, it may be possible to support a simplified version of NR-DC for IAB nodes, where each path may be seen as a separate IP connection, which may be used by the application layer (F1-C/F1-U) for redundancy and rudimentary load balancing. Fig. 12 shows the user plane connection from the UE to the UPF. [0082] FIG. 16, each UE DRB may be mapped onto a separate BH RLC-channel, as depicted with the different patterns for the different channels. Further, each BH RLC-channel may be mapped onto a separate BH RLC-channel on the next hop. The number of established BH RLC-channels may be equal to the number of established UE DRBs.).
It would have been obvious to one of ordinary skill in the art to combine the methods of handling transmissions in a communications network of Mildh with the communication control methods of Fujishiro. The motivation to do so would have been to improve the handling of handling transmission of one or more packets and/or one or more messages from a sending node to a receiving node in a communications network. (Mildh; [0104]).
Regarding claim 7, Fujishiro teaches the communication device as claimed in claim 2, wherein the information related to the control of the second communication device includes one or both of a channel state with the second communication device and a service condition ([0124] In step S305, the IAB node 300-2 (OR UE 100-2) transmits a measurement report including the results of the radio measurement (channel state with the second communication device) to the gNB 200-1 via the IAB node 300-1 (i.e. the communication device of claim 1 relays the channel state with the second communication device to the first communication device ). [0175] each of the IAB nodes 300 under the donor gNB 200 may notify the donor gNB 200 of MBMS-related information regarding interest in a Multimedia Broadcast Multicast Service (MBMS) service. [0176] [0175] The MBMS-related information transmitted by the IAB node 300 may be information indicating the number of apparatuses interested in the MBMS service among lower apparatuses (the UE 100 and the IAB node 300) under the IAB node 300 (service condition).
Regarding claim 8, Fujishiro teaches the communication device as claimed in claim 2, wherein the processor obtains the information related to the control of the second communication device, based on a signal transmitted from another communication device (Fig. 11; [0161]. For example, each of the IAB node 300-1 (communication device of claim 1), the IAB node 300-2, and the UE 100 performs measurement of a radio state (for example, measurement of Reference Signal Received Power (RSRP), which is receiving power of a reference signal, and/or Reference Signal Received Quality (RSRQ), which is receiving quality of a reference signal) (information related to the control of the second communication device, based on a signal transmitted from another communication device) and sends a measurement report message including a measurement result to the donor gNB 200).
Regarding claim 9, Fujishiro teaches the communication device as claimed in claim 2, wherein the receiver receives the information related to the control of the second communication device from the second communication device ([0124] In step S305, the IAB node 300-2 (OR UE 100-2) transmits a measurement report including the results of the radio measurement (information related to the control of the second communication device) to the gNB 200-1 via the IAB node 300-1 (i.e. the communication device of claim 1 receives the measurement information from the second communication device before it relays it to the first communication device)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANCY SIXTO whose telephone number is (571)272-3295. The examiner can normally be reached Mon - Friday 9AM-5PM EST.
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/NANCY SIXTO/Examiner, Art Unit 2465
/GARY MUI/Supervisory Patent Examiner, Art Unit 2465
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