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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35
U.S.C.119 (a)-(d). The certified copy has been filed in parent European patent application No. EP21159745.5 filed on 20221/02/26. Receipt is acknowledged of certified copies of papers required by 37 CFR1.55.
Information Disclosure Statement
The information disclosure statement submitted on 08/23/2023, 07/30/2024 and 02/17/2025 have been considered by the examiner and made of record in the application file.
Claim Rejections - 35 USC § 112
Claim 10 recites “POS service” since this the first time “POS” the acronym is used it should be spelled out. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a geographical area which is not process, machine, manufacture, or composition of matter. The broadest reasonable interpretation of a cell in wireless networks is the geographical area served by a node or base station and the specifications does not indicate by “cell” they are referring to anything that has structure, process, machine, manufacture, or composition of matter nor does any of their figures depict the tracking cell area as one of those statutory category.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed per se to a data signal which is not one of the statutory categories a process, machine, manufacture, or composition of matter.
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 non-obviousness.
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 1, 4-8 and 13-16, are rejected under 103 as being unpatentable over 3GPP (3GPP TSG-RAN WG2 Meeting #113 R2-2100636, hereinafter 3GPP1) in view of 3GPP (3GPP TSG-RAN WG2 Meeting #97 R2-1702970, hereinafter 3GPP2).
Consider Claim 1, discloses a method to regulate access of a device of reduced capability type, designated as reduced capability device (RCD), having specific hardware and configuration characteristics and adapted to connect, via an operator (0), to a new radio communication network comprising several tracking areas having cells (TAC) on different frequency bands (f 1 , f2), said method comprising the steps
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of, during an access routine of the reduced capability device (RCD) in a tracking area, for the reduced capability device (RCD):
receiving (S2') system information (SIB) from the target cell (TACl1), said system information (STIB) comprising prerequisites in terms of hardware and configuration characteristics, frequency ranges (fl,f2) present in this tracking area and services requested, (Section 2 page 2 & 3, the UE could check for permission or barring status from broadcasted system information blocks. Permission or barring can be based on one or more of the following six RedCap capabilities: 20MHz bandwidth (any RedCap), 1 Receive antenna, 2 Receive antennas, HD-FDD (not capable of FD-FDD), Modulation - Max. capability DL QAM 64 and 20MHz bandwidth limit after initial access (not 40MHz). Given that a network might have different RedCap barring for each subscription category that means there are at most 18 (6 capabilities x 3 subscription types) combinations to indicate. This could be a bit mask of 18 bits. This information is transmitted to the UE, by disclosing the number of bits used for this. This means that this information is transmitted to the UEs in system information).
determining (S3) access restrictions depending on: the prerequisites received in the system information (SIB), the reduced capability device's own specific hardware and configuration characteristics, the frequency ranges (f1,f2) available in the tracking area, the services requested, (Section 2 page 2, Since no single initial access procedure will fit all MNO needs, flexibility of allowing a variety of options for what a network will require RedCap devices to do for initial access is needed. Network operators can then decide which trade-offs are acceptable to them. The first step in a RedCap device accessing a network should be for a UE to determine access/barring status, where a UE determines access/barring based on its supported RedCap capabilities).
restricting (S4) access requests (MSG1(RDCc)) and reselections according to the determined access restrictions. (Section 2 page 2, After determining that access is permitted, the UE next determines the configured early capability indication policy options from: Msg 1, 3, or 5 where the UE determines the policy at least based on its supported BW, #ant, modulation, and/or duplexing modes).
3GPP1 discloses the claimed invention but fails to teach sending (S1) an attachment request (MSG1/3 or R(TAU)) to a target cell (TAC
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) of the tracking area.
However, 3GPP2 teaches (Section 2 paragraph 2 line 1-4, the MSG3 based SI request approach is shown in Figure 2. In the UL grant received in the random access response corresponding to the PRACH preamble transmitted by UE, UE sends system information request message. The information about the SIB(s) needed by UE is included in system information request message).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains, to modify by incorporating a method to regulate access of a device of reduced capability type where the system information (SI) is transmitted to the UE of 3GPP1 to include a way to provide System Information (SI) being sent to the UE in an alternative way of 3GPP2. The motivation to so would be to develop a method that would effectively supports the demand System Information (SI) request that is widely used in 5G wireless communication networks.
Consider Claim 4, discloses the method according to claim 1, wherein the system information (SIB(O)) is operator dependent. (Section 2 line 1-3, Since no single initial access procedure will fit all MNO needs, flexibility of allowing a variety of options for what a network will require RedCap devices to do for initial access is needed. Network operators can then decide which trade-offs are acceptable to them).
Consider Claim 5, discloses the method according to claim 1, wherein the system information (SIB) is tracking area dependent. Section 2 line 4-8, the first step in a RedCap device accessing a network should be for a UE to determine access/barring status, where a UE determines access/barring based on its supported RedCap capabilities. After determining that access is permitted, the UE next determines the configured early capability indication policy options from: Msg 1, 3, or 5 where the UE determines the policy at least based on its supported BW, #ant, modulation, and/or duplexing modes).
Consider Claim 6, discloses the method according to claim 1, wherein the attachment request (MSG1/3(REDCAP)) during the initial access routine signals the reduced capability type for the reduced capability device (RCD). (Section 2 line 6-8, After determining that access is permitted, the UE next determines the configured early capability indication policy options from: Msg 1, 3, or 5 where the UE determines the policy at least based on its supported BW, #ant, modulation, and/or duplexing modes).
Consider Claim 7, discloses the method according to claim 1, wherein cell re-selection (ReSEL) performed by the reduced capability device (RCD) to an inter-frequency cell in said tracking area, after determination of the access restrictions for this tracking area, is conducted in accordance to the determined access restrictions for said tracking area. . (Section 2 page 2, After determining that access is permitted, the UE next determines the configured early capability indication policy options from: Msg 1, 3, or 5 where the UE determines the policy at least based on its supported BW, #ant, modulation, and/or duplexing modes).
Consider Claim 8, discloses the method according to claim 1, wherein, specific hardware and configuration characteristics being a single antenna implementation or half-duplex implementation for at least a given range of frequency, the prerequisites exclude such an hardware and configuration characteristics for at least one available range of frequency (f1 ,f2), the determined access restrictions thus preventing any access request or later cell re-selection of the reduced capability device in said available range of frequency. (Section 2.1 line 4-8, the UE could check for permission or barring status from broadcasted system information blocks. Permission or barring can be based on one or more of the following six RedCap capabilities, 20MHz bandwidth (any RedCap), 1 Receive antenna, 2 Receive antennas. Section 2 line 1-3, Since no single initial access procedure will fit all MNO needs, flexibility of allowing a variety of options for what a network will require RedCap devices to do for initial access is needed. Network operators can then decide which trade-offs are acceptable to them).
Consider Claim 13, discloses the method according to claim 1, wherein, the access routine being an initial routine and the reduced capability device being Re[.17 compliant, the messages msg l and msg3 are used for the steps of the method in the initial access routine. (Section 1 paragraph 2 line 1-3, UE capabilities are sent in msgS during the initial access process. If a network allows RedCap devices, any reduced capabilities not reported until message 5 will require the network to treat all UEs as if they have these reduced capabilities. Section 2 .2 line 1-3, If the UE is not barred, it next needs to determine from broadcasted system information which RedCap UE capability indication method needs to be used. There needs to be information broadcasted in SI to indicate to UEs what capability information they need to signal and in which message (1, 3 or 5) and what resources or bits to use to signal capability).
Consider Claim 14, discloses a reduced capability device (RCD) having specific hardware and configuration characteristics and adapted to connect, via an operator (O), to a communication network comprising several tracking areas having cells (TAC), said reduced capability device (RCD) being adapted to, during access routine of the reduced capability device (RCD) in a tracking area:
receiving (S2') system information (SIB) from the target cell (TAC1), said system information (SIB) comprising prerequisites in terms of hardware and configuration characteristics, frequency ranges (fl,f2) present in this tracking area and services requested, (Section 2 page 2 & 3, the UE could check for permission or barring status from broadcasted system information blocks. Permission or barring can be based on one or more of the following six RedCap capabilities: 20MHz bandwidth (any RedCap), 1 Receive antenna, 2 Receive antennas, HD-FDD (not capable of FD-FDD), Modulation - Max. capability DL QAM 64 and 20MHz bandwidth limit after initial access (not 40MHz). Given that a network might have different RedCap barring for each subscription category that means there are at most 18 (6 capabilities x 3 subscription types) combinations to indicate. This could be a bit mask of 18 bits. This information is transmitted to the UE, by disclosing the number of bits used for this. This means that this information is transmitted to the UEs in system information).
determining (S3) access restrictions depending on: the prerequisites received in the system information (SIB), the reduced capability device's own specific hardware and configuration characteristics, the frequency ranges (fl,f2) available in the tracking area, the services requested, (Section 2 page 2, Since no single initial access procedure will fit all MNO needs, flexibility of allowing a variety of options for what a network will require RedCap devices to do for initial access is needed. Network operators can then decide which trade-offs are acceptable to them. The first step in a RedCap device accessing a network should be for a UE to determine access/barring status, where a UE determines access/barring based on its supported RedCap capabilities).
restricting (S4) access requests (MSGI(RDCc)) and reselections according to the determined access restrictions. (Section 2 page 2, After determining that access is permitted, the UE next determines the configured early capability indication policy options from: Msg 1, 3, or 5 where the UE determines the policy at least based on its supported BW, #ant, modulation, and/or duplexing modes.
3GPP1 discloses the claimed invention but fails to teach sending (S1) an attachment request (MSG1/3 or R(TAU)) to a target cell (TAC
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) of the tracking area.
However, 3GPP2 teaches (Section 2 paragraph 2 line 1-4, the MSG3 based SI request approach is shown in Figure 2. In the UL grant received in the random access response corresponding to the PRACH preamble transmitted by UE, UE sends system information request message. The information about the SIB(s) needed by UE is included in system information request message).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains, to modify by incorporating a method to regulate access of a device of reduced capability type where the system information (SI) is transmitted to the UE of 3GPP1 to include a way to provide System Information (SI) being sent to the UE in an alternative way of 3GPP2. The motivation to so would be to develop a method that would effectively supports the demand System Information (SI) request that is widely used in 5G wireless communication networks.
Consider Claim 15, discloses a tracking area cell (TAC1) of a new radio communication network operated by an operator (O), said tracking area cell (TAC1) having system information (SIB) comprising prerequisites in terms of hardware and configuration characteristics, frequency ranges (f1,f2) present in this tracking area and services requested, said system information (SIB) being to be sent, after reception of an attachment request (MSG1/3 or R(TAU)) from a reduced capability device (RCD), during access routine of the reduced capability device (RCD) with the tracking area cell (TAC), to regulate access of reduced capability devices having specific hardware and configuration characteristics and adapted to connect to the tracking area cell (TAC), said access regulation being managed by the reduced capability device (RCD) by determining access restrictions based on the prerequisites in the sent system information (SIB), on the reduced capability device's own specific hardware and configuration characteristics, on the frequency ranges (f1,f2) available in the tracking area, on the services requested. (Section 2 page 2 & 3, the UE could check for permission or barring status from broadcasted system information blocks. Permission or barring can be based on one or more of the following six RedCap capabilities: 20MHz bandwidth (any RedCap), 1 Receive antenna, 2 Receive antennas, HD-FDD (not capable of FD-FDD), Modulation - Max. capability DL QAM 64 and 20MHz bandwidth limit after initial access (not 40MHz). Given that a network might have different RedCap barring for each subscription category that means there are at most 18 (6 capabilities x 3 subscription types) combinations to indicate. This could be a bit mask of 18 bits. This information is transmitted to the UE, by disclosing the number of bits used for this. This means that this information is transmitted to the UEs in system information).
Consider Claim 16, discloses a system information block (SIB) comprising prerequisites in terms of hardware and configuration characteristics, frequency ranges (f1, f2) present in this tracking area and services requested, said system information block (SIB) being managed in a tracking area cell (TAC1) of a new radio communication network operated by an operator (0), said system information block (SIB) being further to be sent, after reception of an attachment request (MSG1/3 or R(TAU)) from a reduced capability device (RCD), during access routine of the reduced capability device (RCD) with the tracking area cell (TAC1), to regulate access of the reduced capability device (RCD) having, on its side, specific hardware and configuration characteristics and adapted to connect to the tracking area cell (TAC1), said access regulation being managed by the reduced capability device (RCD) itself by determining access restrictions based on the prerequisites in the system information block (SIB), on the reduced capability device's own specific hardware and configuration characteristics, on the frequency ranges (f1, f2) available in the tracking area, on the services requested. (Section 2 page 2 & 3, the UE could check for permission or barring status from broadcasted system information blocks. Permission or barring can be based on one or more of the following six RedCap capabilities: 20MHz bandwidth (any RedCap), 1 Receive antenna, 2 Receive antennas, HD-FDD (not capable of FD-FDD), Modulation - Max. capability DL QAM 64 and 20MHz bandwidth limit after initial access (not 40MHz). Given that a network might have different RedCap barring for each subscription category that means there are at most 18 (6 capabilities x 3 subscription types) combinations to indicate. This could be a bit mask of 18 bits. This information is transmitted to the UE, by disclosing the number of bits used for this. This means that this information is transmitted to the UEs in system information).
Claims 2-3 and 10-12, are rejected under 103 as being unpatentable over 3GPP (3GPP TSG-RAN WG2 Meeting #113 R2-2100636, hereinafter 3GPP1) and 3GPP (3GPP TSG-RAN WG2 Meeting #97 R2-1702970, hereinafter 3GPP2) in view of 3GPP (3GPP TS 23.501 V15.12.0 (2020-12), hereinafter 3GPP3).
Consider Claim 2, 3GPP1 and 3GPP2 discloses the claimed invention in the limitations noted above but fails to teach the method according to claim 1, wherein, the access routine being a tracking area update routine of the reduced capability device (RCD) triggered by a change of tracking area, by an expiration of a tracking area update timer or by a tracking area update request received from the communication network, the attachment request is a tracking area update request (R(TAU)).
However, 3GPP3 teaches (Section 5.4.4.1 page 67 line 3-9, If the UE's NG-RAN UE Radio Capability information changes while in CM-IDLE state, the UE shall perform the Registration procedure with the Registration type set to Mobility Registration Update indicating "UE Radio Capability Update". When the AMF receives Mobility Registration Update Request with "UE Radio Capability Update", it shall delete any UE Radio Capability information that it has stored for the UE. If the trigger to change the UE's NG-RAN UE Radio Capability information happens when the UE is in CM-CONNECTED state, the UE shall first enter CM-IDLE state and then perform the Registration procedure with the Registration type set to Mobility Registration Update indicating "UE Radio Capability Update").
Consider Claim 3, 3GPP1 and 3GPP2 discloses the claimed invention in the limitations noted above but fails to teach the method according to claim 2, wherein the tracking area update routine indicates whether a clarification (CLA?) is further required.
However, 3GPP3 teaches (Section 5.4.4.1 page 67 line 12-15, If the AMF sends N2 REQUEST (i.e. INITIAL CONTEXT SETUP REQUEST or UE RADIO CAPABILITY CHECK REQUEST) message to NG-RAN without UE Radio Capability information in that message and there is no UE Radio Capability information available in RAN, this triggers the RAN to request the UE Radio Capability from the UE and to upload it to the AMF in the N2 UE RADIO CAPABILITY INFO INDICATION message.
Consider Claim 10, 3GPP1 and 3GPP2 discloses the claimed invention in the limitations noted above but fails to teach the method according to claim 1, wherein prerequisites include services among the followings: non-real-time services, data services, no voice services, seldom voice services, seldom video services, healthcare services, POS services, services classified by a 5QI table as specified in a 3GPP Standard.
However, 3GPP3 teaches (Section 5.7.2.1 page 101 line 1-5, A 5QI is a scalar that is used as a reference to 5G QoS characteristics defined in clause 5.7.4, i.e. access node-specific parameters that control QoS forwarding treatment for the QoS Flow (e.g. scheduling weights, admission thresholds, queue management thresholds, link layer protocol configuration, etc.). Standardized 5QI values have one-to-one mapping to a standardized combination of 5G QoS characteristics as specified in Table 5.7.4-1).
Consider Claim 11, 3GPP1 and 3GPP2 discloses the claimed invention in the limitations noted above but fails to teach the method according to claim 1, wherein prerequisites include QoS class below one QoS class as specified in a 3GPP Standard.
However, 3GPP teaches (Section 5.7.1.4 page 97 line 8-12, When the UE informs the network about the number of supported Packet Filters for signalled QoS rules for the PDU Session (during the PDU Session Establishment procedure or using the PDU Session Modification procedure as described in clause 5.17.2.2.2 after the first inter-system change from EPS to 5GS for a PDU Session established in EPS and transferred from EPS with N26 interface), the SMF shall ensure that the sum of the Packet Filters used by all signalled QoS rules for a PDU Session does not exceed the number indicated by the UE. See Figure 5.7.1.5-1: The principle for classification and User Plane marking for QoS Flows and mapping to AN Resources).
Consider Claim 12, 3GPP1 and 3GPP2 discloses the claimed invention in the limitations noted above but fails to teach the method according to claim 1, wherein prerequisites include slices/applications to which the service is to be allocated.
However, 3GPP3 teaches (Section 5.7.4 page 106 line 1-5, Standardized 5QI values are specified for services that are assumed to be frequently used and thus benefit from optimized signalling by using standardized QoS characteristics. Dynamically assigned 5QI values (which require a signalling of QoS characteristics as part of the QoS profile) can be used for services for which standardized 5QI values are not defined. The one-to-one mapping of standardized 5QI values to 5G QoS characteristics is specified in table 5.7.4-1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains, (Clams 2-3 and 10-12) to modify by incorporating a method to regulate access of a device of reduced capability type where the system information (SI) is transmitted to the UE of 3GPP1 to combine a way to provide System Information (SI) being sent to the UE in an alternative way of 3GPP2 using 5QI standards of 3GPP3. The motivation to so would be to develop a method that would effectively supports the demand System Information (SI) request that is widely used in 5G wireless communication networks.
Allowable Subject Matter
Claim 9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. More Specifically, reference 3GPP1 and reference 3GPP2 fail to disclose the method according to claim 1, wherein, specific hardware and configuration characteristics of an NR REDCAP device being a N multi-antenna implementation device for at least a given range of frequencies, where for normal devices M is a mandatory number of antennas, and N being such that N<M/2, the prerequisites exclude such an hardware and configuration characteristics for at least one available range of frequency, the determined access restrictions thus preventing any access request or later reselection of the reduced capability device (RCD) in said available range of frequency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE CAMILLE DOUGLAS whose telephone number is (571)270-0458. The examiner can normally be reached Monday - Friday 6:30 am - 5:00 pm.
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/MICHELE C DOUGLAS/Examiner, Art Unit 2646
/MATTHEW D. ANDERSON/Supervisory Patent Examiner, Art Unit 2646