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
Applicant’s claim for domestic priority under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) or indicate National Stage entry from a PCT application is acknowledged.
Information Disclosure Statement
The information disclosure statement submitted on 08/24/2023 has been considered by the Examiner and made of record in the application file.
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.
Election/Restrictions
Applicant’s election without traverse of Group I/Species I in the reply filed on 12/31/2025 is acknowledged.
Remarks
The present Office Action is based upon the Applicant’s amendment filed on 12/31/2025. Claims 1, 2, 5, 9-11, and 15-18 are now pending in the present application. Claims 3, 4, and 12-14 are withdrawn from the consideration.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 5, 9, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bi -US 20230189101 A1- (hereinafter Bi).
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, wherein the control signal instructs connection with the second base station device 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).”).
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 from the terminal, the first base station device transmits a control signal instructing connection with the second base station device 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.”).
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 instructing connection with another base station device of the plurality of base station devices 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).”).
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 claims 15 and 16, as applied to claim 1 above, the claim is rejected for the same reason(s) as set forth claims 2 and 9 above respectively.
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) 10, 11, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bi, 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 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 for purpose of measuring multiple frequency bands.
Regarding claim 11, as applied to claim 1 above, Bi 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 for purpose of measuring multiple frequency bands.
Regarding claims 17 and 18, as applied to claim 1 above, the claim is rejected for the same reason(s) as set forth claims 10 and 11 above respectively.
Conclusion
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.
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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