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 .
Remarks
The present Office Action is in response to Applicant’s amendment filed on June 22, 2026. Claims 1, 2, 5 and 9-20 are still pending in the present application. This Action is made FINAL. Claim(s) 3, 4, 12-14 is/are withdrawn from consideration.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show details in ENGLISH language as described in the specification. (See MPEP 1893.01(d)
Applicants entering the national stage in the U.S. are required to file an English translation of the international application if the international application was filed in another language and was not published under PCT Article 21(2) in English…
A translation of less than all of the international application (e.g., a translation that fails to include a translation of text contained in the drawings or a translation that includes a translation of claims amended under PCT Article 19 or 34 but does not include a translation of the original claims) is unacceptable. In addition, a translation that includes modifications other than changes that have been properly accepted under PCT Rule 26 or 91 (e.g., a translation that includes headings that were not present in the international application as originally filed) is unacceptable. A translation of words contained in the drawings must be furnished either in the form of new drawings or in the form of a copy of the original drawings with the translation pasted on the original text matter. See PCT Rule 49.5(d).)
Any structural detail that is essential for a proper understanding of the disclosed
invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
“Connection of a Terminal with an Appropriate Base Station According to Required Communication Quality in a Wireless Communication System”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19 recites, “wherein the first base station device connected with the terminal communicates over a cellular wireless communication, and the control signal instructs the terminal to transmit the request over a wireless local area network (LAN) to connect with the second base station device.” However, the current specification does not support the limitation(s).
Claim 20 recites, “wherein the transmitting further comprises transmitting, by the base station device, the control signal to the terminal over a cellular wireless communication, and the control signal instructs the terminal to transmit the request said another base station device over a wireless local area network (LAN).” However, the current specification does not support the limitation(s).
Paragraphs [0040]-[0041] of the current specification discloses, “In a case where it is determined in S106 as No, the wireless LAN base station 200 determines to connect the terminal 100 with the cellular base station 300, and transmits a control signal instructing connection with the cellular base station 300 to the terminal 100 in S108… Upon receiving the control signal, the terminal 100 transmits a control signal for requesting connection with the cellular base station 300 to the cellular base station 300 in S109.”; and paragraph [0053] discloses, “In a case where it is determined in S116 as No, the wireless LAN base station 200 determines to connect the terminal 100 with the cellular base station 300, and transmits a control signal instructing connection with the cellular base station 300 to the terminal 100 in S118. In S119, the terminal 100 that has received the control signal establishes connection with the cellular base station 300.”
Applicant’s clarification is respectfully requested.
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.
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.
Claim(s) 1, 5, 9, 16, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bi -US 20230189101 A1- (hereinafter Bi) in view of Lovlekar et al. US 9210625 (hereinafter Lovlekar).
Regarding claim 1, Bi discloses a wireless communication system comprising (FIG. 3):
a plurality of base station devices including a first base station device and a second base station device (FIG. 3 for a source access node 309, a target access node 311),
wherein the first base station device connected with a terminal determines whether to continue connection with the terminal or not on a basis of a communication quality requirement of the terminal and a resource that can be provided to the terminal (FIG. 3, par. 0051, “Source access node 309 makes a handover decision (block 324). Source access node 309 makes the handover decision based on the QoS restrictions and requirements of remote UE 305, as well as its own available resources, and the quality and capability of the existing connection”), and
when the first base station device determines not to continue the connection with the terminal, the first base station device transmits a control signal to the terminal, (FIG. 3, for handover initiation from source to the UE to connect to target AN 311, par. 0053, “Remote UE 305 and source access node 309 participate in handover initiation (block 332). Handover initiation may include messages exchanged to start the handover process. Source access node 309 also delivers buffered data (along with newly received data from UPF 315) to remote UE 305 (block 334)”).
However, Bi fails to disclose wherein the control signal instructs the terminal to transmit a request to the second base station device to establish another connection with the terminal.
In the same field of endeavor, Lovlekar discloses wherein the control signal instructs the terminal to transmit a request to the second base station device to establish another connection with the terminal (FIG. 2 and FIG. 6, col. 14, lines 4-38, “The handover message 228 may include an indication that the UE 106 is proximate to the wireless network 104, and may command the UE 106 to attempt to connect to the wireless network 104 (e.g., to conduct a wireless network scan for the wireless network 104). For example, if the cellular network 102 determines that the UE 106 is proximate to the Guest wireless network 104a, the cellular network 102 may transmit a handover message 228 commanding the UE 106 to attempt to connect to the Guest wireless network 104a and/or other wireless networks 104 (e.g., to conduct a wireless network scan for the Guest wireless network and/or other wireless networks)… In response to the UE 106 receiving the handover message 228, the UE 106 may conduct a wireless network scan (block 230). The wireless network scan may include a scan to connect to an AP 120 of one or more wireless networks 104… if the UE 106 establishes a connection with the second AP 120b of the Guest wireless network 104a and, thus, establishes a connection with the Guest wireless network 104a, then the UE 106 may generate and transmit to the cellular network 102 a handover complete message 234 that indicates that the UE 106 has successfully connected to the Guest wireless network 104a”; FIG. 3 and FIG. 7, col. 21, line 63 to col. 22, line 28).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate commanding the UE to attempt to connect to a wireless network as taught by Lovlekar to the handover message as disclosed by Bi for purpose of commanding the UE to attempt to connect to the target access node.
Regarding claim 5, Bi discloses a base station device of a plurality of base station devices in a wireless communication system, the base station device comprising a processor configured to execute operations comprising (FIG. 2 and FIG. 3; and FIG. 22B for base station 2270 and processing unit 2250, FIG. 24, par. 0141):
determining whether to continue connection with a terminal or not on a basis of a communication quality requirement of the terminal connected with the base station device and a resource that can be provided to the terminal (FIG. 3, par. 0051, “Source access node 309 makes a handover decision (block 324). Source access node 309 makes the handover decision based on the QoS restrictions and requirements of remote UE 305, as well as its own available resources, and the quality and capability of the existing connection”); and
when determining not to continue the connection with the terminal, transmitting a control signal to the terminal(FIG. 3, for handover initiation from source to the UE to connect to target AN 311, par. 0053, “Remote UE 305 and source access node 309 participate in handover initiation (block 332). Handover initiation may include messages exchanged to start the handover process. Source access node 309 also delivers buffered data (along with newly received data from UPF 315) to remote UE 305 (block 334). Remote UE 305 detaches from relay UE 307 and synchronizes to the new cell of target access node 311 (block 336).”).
However, Bi fails to disclose wherein the control signal instructs the terminal to transmit a request to another base station device of the plurality of base station devices to establish another connection with the terminal.
In the same field of endeavor, Lovlekar discloses wherein the control signal instructs the terminal to transmit a request to another base station device of the plurality of base station devices to establish another connection with the terminal (FIG. 2 and FIG. 6, col. 14, lines 4-38, “The handover message 228 may include an indication that the UE 106 is proximate to the wireless network 104, and may command the UE 106 to attempt to connect to the wireless network 104 (e.g., to conduct a wireless network scan for the wireless network 104). For example, if the cellular network 102 determines that the UE 106 is proximate to the Guest wireless network 104a, the cellular network 102 may transmit a handover message 228 commanding the UE 106 to attempt to connect to the Guest wireless network 104a and/or other wireless networks 104 (e.g., to conduct a wireless network scan for the Guest wireless network and/or other wireless networks)… In response to the UE 106 receiving the handover message 228, the UE 106 may conduct a wireless network scan (block 230). The wireless network scan may include a scan to connect to an AP 120 of one or more wireless networks 104… if the UE 106 establishes a connection with the second AP 120b of the Guest wireless network 104a and, thus, establishes a connection with the Guest wireless network 104a, then the UE 106 may generate and transmit to the cellular network 102 a handover complete message 234 that indicates that the UE 106 has successfully connected to the Guest wireless network 104a”; FIG. 3 and FIG. 7, col. 21, line 63 to col. 22, line 28).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate commanding the UE to attempt to connect to a wireless network as taught by Lovlekar to the handover message as disclosed by Bi for purpose of commanding the UE to attempt to connect to the target access node.
Regarding claim 9, as applied to claim 1 above, Bi discloses wherein the communication quality requirement includes at least one of a first communication quality associated with a downlink communication, a second communication quality associated with an uplink communication, a third communication quality associated with a wireless communication link between the terminal and the first base station device, a fourth communication quality associated with the first base station device, or a priority of controlling a plurality of terminals that perform communication, the plurality of terminals includes the terminal (par. 0038, par. 0050, “Measurement control and reporting may be used to determine handoff connections in a network with consideration being given to connection quality”).
Regarding claim 16, as applied to claim 5 above, the claim is rejected for the same reason(s) as set forth claim 9 above.
Regarding claim 19, as applied to claim 1 above, Lovlekar discloses wherein the first base station device connected with the terminal communicates over a cellular wireless communication, and the control signal instructs the terminal to transmit the request over a wireless local area network (LAN) to connect with the second base station device (FIG. 2, col. 14, 4-18, “If it is determined that the UE 106 is proximate to a wireless network 104, then the cellular network 102 may generate a handover message 228, and transmit the handover message 228 to the UE 106. The handover message 228 may include an indication that the UE 106 is proximate to the wireless network 104, and may command the UE 106 to attempt to connect to the wireless network 104 (e.g., to conduct a wireless network scan for the wireless network 104). For example, if the cellular network 102 determines that the UE 106 is proximate to the Guest wireless network 104a, the cellular network 102 may transmit a handover message 228 commanding the UE 106 to attempt to connect to the Guest wireless network 104a and/or other wireless networks 104 (e.g., to conduct a wireless network scan for the Guest wireless network and/or other wireless networks)”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate commanding the UE to attempt to connect to a wireless network as taught by Lovlekar to the handover message as disclosed by Bi for purpose of commanding the UE to attempt to connect to the target access node.
Regarding claim 20, as applied to claim 5 above, Lovlekar discloses wherein the transmitting further comprises transmitting, by the base station device, the control signal to the terminal over a cellular wireless communication, and the control signal instructs the terminal to transmit the request said another base station device over a wireless local area network (LAN) (FIG. 2, col. 14, 4-18, “If it is determined that the UE 106 is proximate to a wireless network 104, then the cellular network 102 may generate a handover message 228, and transmit the handover message 228 to the UE 106. The handover message 228 may include an indication that the UE 106 is proximate to the wireless network 104, and may command the UE 106 to attempt to connect to the wireless network 104 (e.g., to conduct a wireless network scan for the wireless network 104). For example, if the cellular network 102 determines that the UE 106 is proximate to the Guest wireless network 104a, the cellular network 102 may transmit a handover message 228 commanding the UE 106 to attempt to connect to the Guest wireless network 104a and/or other wireless networks 104 (e.g., to conduct a wireless network scan for the Guest wireless network and/or other wireless networks)”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate commanding the UE to attempt to connect to a wireless network as taught by Lovlekar to the handover message as disclosed by Bi for purpose of commanding the UE to attempt to connect to the target access node.
Claim(s) 2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bi in view of Lovlekar, as applied to claim(s) 1 and 5 above, and further in view of Shaheen et al. US 20120178441 A1 (hereinafter Shaheen).
Regarding claim 2, as applied to claim 1 above, Bi discloses wherein, when the first base station device determines not to continue the connection with the terminal and determines that the terminal can use the second base station device on a basis of information received to the terminal(FIG. 3, par. 0050, for measurement report from UE to source AN 309, “Remote UE 305 and source access node 307 performs measurement control and reporting (block 322). Measurement control and reporting may be used to determine handoff connections in a network with consideration being given to connection quality and quality of service (QoS) restrictions and requirements. As an example, remote UE 305 may provide its measurement report of channel conditions to source access node 309, and source access node 309 may determine if the existing connection is sufficient to meet the QoS restrictions and requirements of remote UE 305”).
However, Bi as modified by Lovlekar fails to disclose the terminal subsequently transmits the request to the second base station device and receives a response message from the second base station to establish said another connection with the terminal.
In the same field of endeavor, Shaheen discloses the terminal subsequently transmits the request to the second base station device and receives a response message from the second base station to establish said another connection with the terminal (par. 0022, “WLAN 14, at step S9 authenticates the UE 10 through an interchange of information with UMTS 12, at step S10 and, depending upon the interworking case, at step S11, grants access to UE 10 and may provide a new internet protocol (IP) address depending on the interworking case.”; FIG. 7 for step S15, “at step S14 and, at step S15, grants access by communicating with unit 10b' which, at step S16, alerts unit 10a' that the handoff is complete”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate receiving a message for granting access from a network to the UE as taught by Shaheen to the handover from the source access node to the target access node as disclosed by Bi as modified by Lovlekar for purpose of receiving a messaging for granting access from the target access node to the UE.
Regarding claim 15, as applied to claim 5 above, the claim is rejected for the same reason(s) as set forth claim 2 above.
Claim(s) 10, 11, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bi in view of Lovlekar, as applied to claim(s) 1 and 5 above, and further in view of KADIRI et al. US 20190037458 A1 (hereinafter Kadiri).
Regarding claim 10, as applied to claim 1 above, Bi as modified by Lovlekar discloses the claimed invention except wherein the resource includes a network band associated with a network path from an application server to the terminal.
In the same field of endeavor, Kadiri discloses wherein the resource includes a network band associated with a network path from an application server to the terminal (FIG. 9, par. 0086, “At 901, source eNB 106 sends to UE 102 a measurement control message. The measurement control message may indicate multiple frequencies (e.g., frequency bands, carriers, etc.) that UE 102 should monitor (e.g., perform channel measurements for)” ).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate sending, by the source base station to a UE, measurement control message for measuring frequency bands as taught by Kadiri to the measurement control and reporting as disclosed by Bi as modified by Lovlekar for purpose of measuring multiple frequency bands.
Regarding claim 11, as applied to claim 1 above, Bi as modified by Lovlekar discloses the claimed invention except wherein the resource includes a time/frequency resource allocated to the terminal by the first base station device.
In the same field of endeavor, Kadiri discloses wherein the resource includes a time/frequency resource allocated to the terminal by the first base station device (FIG. 9, par. 0086, “At 901, source eNB 106 sends to UE 102 a measurement control message. The measurement control message may indicate multiple frequencies (e.g., frequency bands, carriers, etc.) that UE 102 should monitor (e.g., perform channel measurements for)” ).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate sending, by the source base station to a UE, measurement control message for measuring frequency bands as taught by Kadiri to the measurement control and reporting as disclosed by Bi as modified by Lovlekar for purpose of measuring multiple frequency bands.
Regarding claims 17 and 18, as applied to claim 5 above, the claim is rejected for the same reason(s) as set forth claims 10 and 11 above respectively.
Response to Arguments
Applicant's arguments with respect to Objections to Drawings and Objections to Specifications, filed on June 22, 2026 have been fully considered but they are not persuasive.
On page 7 of the Applicant’s remarks, Applicant asserts, “English translation of Specification and Drawings from the PCT International Patent Application was filed and received by USPTO on August 24, 2023, as shown in the Patent File Wrapper of the current application at USPTO. Please refer to the Patent File Wrapper of the current application.” Examiner respectfully traverses. There is no English translation of the drawings among other documents filed on August 24, 2023.
On page 8 of the Applicant’s remarks, Applicant asserts, “Without acquiescing to the propriety of the rejection and solely for the purposes of advancing prosecution, the title of invention will be submitted upon indication of allowable subject matter if necessary.” Examiner respectfully traverses. As stated in MPEP 606, “The title of the invention should be placed at the top of the first page of the specification unless it is provided in an application data sheet. The title should be brief but technically accurate and descriptive and should contain fewer than 500 characters.” Thus, the objection to the specification is maintained in the current Office Action.
Applicant’s arguments with respect to the amended claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ALLAHYAR KASRAIA N whose telephone number is (571)270-1772. The examiner can normally be reached Monday - Friday, 8:00 am - 5: 00 pm.
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, RAFAEL PEREZ-GUTIERREZ can be reached at (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAHYAR KASRAIA N/Primary Examiner, Art Unit 2642
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