RADIO BASE STATION AND TERMINAL

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 . Designations of the Particular Relevance of the Art The Examiner has pointed out particular references contained in the prior art of record within the body of the Action for Applicant’s convenience. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraphs, and figures may apply. Applicant, in preparing the response, should consider fully the reference in totality as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or explained by the Examiner. MPEP § 707.05. Manner of Making Amendments under 37 C.F.R. § 1.121 Any subsequent submission by Applicant's amending the claims must comply with the requirements of 37 C.F.R. § 1.121(c) and MPEP § 714(II)(C) regarding the manner of presenting amended claims. That is, amended text must be properly indicated. Failure to provide a compliant amendment may result in the amendment being treated as non-compliant and not entered. Pursuant to MPEP § 714(II)(C), all changes to currently amended claims must be shown relative to the immediate prior version of the claims. Deleted matter ordinarily must be shown by strike-through; however, when deleting five (5) or fewer consecutive characters, deletion by double brackets may be used and, in certain circumstances, is required. In particular, where strike-through cannot be readily perceived—such as when deleting a single numeral, punctuation mark, or other short character string—double brackets must be used to clearly identify the deleted matter. For example, deletion of punctuation marks standing alone (e.g., commas, periods, semicolons, parentheses, or quotation marks) should be indicated by double brackets rather than strike-through. Similarly, the text of any added subject matter must be presented in a manner such that the underlining is readily perceptible. Where underlining of added matter cannot be easily perceived, including, for example, the addition, deletion, or substitution of one or more characters, punctuation marks, numerals, or word fragments, the amendment shall instead be presented by deleting the entire affected text and adding the complete replacement text with underlining. Examples include, without limitation, amendments correcting misspellings, changing a singular term to a plural term or vice versa, adding or deleting prefixes or suffixes, or modifying punctuation or numerals. Response to Amendment Applicant’s submission—in which claims 1, 5, and 6 are amended and claim 7 is canceled, and claims 1, 5, 6, and 8 are pending—has been entered and is fully considered herein. Response to Arguments Applicant’s arguments—set forth at pp. 4-7 in the Remarks with respect to independent claims 1, 5, and 6—have been considered but are moot because the new grounds of rejection rely on one or more reference not applied in the prior rejection of record for some teaching or matter specifically challenged in the argument. 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. Claims 1, 5, 6, and 8 are rejected under 35 U.S.C. § 103 as being unpatentable over US 2018/0376457 (hereinafter, “TSENG”) in view of US 2020/0077312 (hereinafter, “TSUBOI”), 3GPP TS 38.331 v15.12.0 (hereinafter, “TS 38.331”) (a copy of which was submitted with Applicant’s IDS dated 27 September 2023), and US 2023/0084554 (hereinafter, “SHI”). Regarding claim 1, TSUBOI discloses: A radio base station (base station apparatus 3) that configures a terminal (terminal apparatus 2) with a master cell group including a primary cell and a secondary cell and with a secondary cell group including a primary secondary cell and a secondary cell, comprising: (¶ 0047: [M]ultiple serving cells are configured for the terminal apparatus 2, multiple configured serving cells may include one primary cell and one or more secondary cells. The primary cell may be a serving cell in which an initial connection establishment procedure has been performed, a serving cell in which a connection re-establishment procedure has been initiated, or a cell indicated as the primary cell by a handover procedure. One or more secondary cells may be configured at a point of time at which a Radio Resource Control (RRC) connection is established or after the RRC connection is established. A cell group (also referred to as a master cell group (MCG)) including one or more serving cells including a primary cell (PCell), and one or more cell groups (also referred to as secondary cell groups (SCGs)) including one or more serving cells not including a primary cell and including a primary secondary cell (PSCell) in which at least a random access procedure can be performed and which does not become a deactivated state may be configured for the terminal apparatus 2. The master cell group includes one primary cell and zero or more secondary cells. The secondary cell group includes one primary secondary cell and zero or more secondary cells) a processor (higher layer processing unit 34) that configures different values for a secondary cell identifier assigned to the secondary cell in the secondary cell group, and (¶ 0243: The SN selects the SCellIndex that does not overlap SCellIndex already assigned to the SCG SCell from the list of values or the range of a value, and assigns the selected SCellIndex to the added cell (step S806)) . . . ; and a transmitter (radio transmission and/or reception unit 30) that transmits the secondary cell identifier and the serving cell identifier to the terminal, (¶ 0243: The SN transmits an RRC connection reconfiguration message including the SCell configuration information (such as an SCG RRC connection reconfiguration message) to the terminal apparatus 2 (step S808)) TSUBOI does not appear to explicitly disclose: configures different values for . . . a serving cell identifier assigned to the primary secondary cell in the secondary cell group; and wherein the serving cell identifier concerns a short identity used to identify a serving cell, and wherein the processor configures different values for serving cell identifiers each of which is assigned to the primary cell in the master cell group and the primary secondary cell in the secondary cell group. In the same field of endeavor, however, TSENG teaches: configures different values for . . . a serving cell identifier assigned to the primary secondary cell in the secondary cell group; and (¶ 0010: [T]he Serving Cell index value=0 is mapped to a special cell of a cell group corresponding to the at least one logical channel, the special cell is . . . a primary secondary cell (PSCell) in a secondary cell group (SCG); ¶ 0086: [T]o a logical channel of SCG, the ServCellIndex=0 may be applied to indicate the PSCell in the SCG [TSENG’s mapping of an index value=0 to a “special cell” implies that index values mapped to non-PSCells in the SCG are something other than zero.]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide a defined index value (i.e., 0) as taught by TSENG to map to a “special cell” (i.e., a PSCell in a secondary cell group (SCG) such that in a multiple cell group environment, a base station and a terminal can communicate efficiently. See TSENG, at ¶¶ 0010, 0015. Thus, the Examiner finds that considering the inferences and creative steps—or even routine steps—that one of ordinary skill in the art would have employed at the date of filing of the application, it would have been obvious to combine the teachings of TSUBOI and TSENG to render obvious the claimed feature of configures different values for a secondary cell identifier assigned to the secondary cell in the secondary cell group, and a serving cell identifier assigned to the primary secondary cell in the secondary cell group See MPEP § 2143. Also, in the same field of endeavor, TS 38.331 teaches: wherein the serving cell identifier concerns a short identity used to identify a serving cell (p. 361: The IE ServCellIndex concerns a short identity, used to identify a serving cell (i.e. the PCell, the PSCell or an SCell). Value 0 applies for the PCell, while the SCellIndex that has previously been assigned applies for SCells) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide a short identity for a serving cell as taught by TS 38.331 to identify a serving cell (i.e. the PCell, the PSCell or an SCell), such that Value 0 applies for the PCell, while the SCellIndex that has previously been assigned applies for SCells. See TS 38.331 at p. 361. Also, in the same field of endeavor, SHI teaches: wherein the processor configures different values for serving cell identifiers each of which is assigned to the primary cell in the master cell group and the primary secondary cell in the secondary cell group. (¶ 0037: [T]he newly added option is limited to be configured only on a PCell or on a PSCell, where ServCellIndex=0 indicates the PCell and ServCellIndex being a configurable value indicates the PSCell. The configurable value is optionally an integer ranged from 1 to 31) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide different values for serving cell identifiers as taught by SHI such that ServCellIndex=0 indicates the PCell while the ServCellIndex indicating the PSCell is a value ranging from 1 to 31, so that the primary cell supports self-scheduling and being cross-carrier scheduled. See SHI, ¶ 0004. Regarding claim 5, TSUBOI discloses: A radio communication method performed by a radio base station (base station apparatus 3) that configures a terminal (terminal apparatus 2) with a master cell group including a primary cell and a secondary cell and with a secondary cell group including a primary secondary cell and a secondary cell, comprising: (¶ 0047: [M]ultiple serving cells are configured for the terminal apparatus 2, multiple configured serving cells may include one primary cell and one or more secondary cells. The primary cell may be a serving cell in which an initial connection establishment procedure has been performed, a serving cell in which a connection re-establishment procedure has been initiated, or a cell indicated as the primary cell by a handover procedure. One or more secondary cells may be configured at a point of time at which a Radio Resource Control (RRC) connection is established or after the RRC connection is established. A cell group (also referred to as a master cell group (MCG)) including one or more serving cells including a primary cell (PCell), and one or more cell groups (also referred to as secondary cell groups (SCGs)) including one or more serving cells not including a primary cell and including a primary secondary cell (PSCell) in which at least a random access procedure can be performed and which does not become a deactivated state may be configured for the terminal apparatus 2. The master cell group includes one primary cell and zero or more secondary cells. The secondary cell group includes one primary secondary cell and zero or more secondary cells) configuring different values for a secondary cell identifier assigned to the secondary cell in the secondary cell group, and (¶ 0243: The SN selects the SCellIndex that does not overlap SCellIndex already assigned to the SCG SCell from the list of values or the range of a value, and assigns the selected SCellIndex to the added cell (step S806)) . . . ; and transmitting the secondary cell identifier and the serving cell identifier to the terminal. (¶ 0243: The SN transmits an RRC connection reconfiguration message including the SCell configuration information (such as an SCG RRC connection reconfiguration message) to the terminal apparatus 2 (step S808)) TSUBOI does not appear to explicitly disclose: configuring different values for . . . a serving cell identifier assigned to the primary secondary cell in the secondary cell group; and wherein the serving cell identifier concerns a short identity used to identify a serving cell, and wherein the processor configures different values for serving cell identifiers each of which is assigned to the primary cell in the master cell group and the primary secondary cell in the secondary cell group. In the same field of endeavor, however, TSENG teaches: configuring different values for . . . a serving cell identifier assigned to the primary secondary cell in the secondary cell group; and (¶ 0010: [T]he Serving Cell index value=0 is mapped to a special cell of a cell group corresponding to the at least one logical channel, the special cell is . . . a primary secondary cell (PSCell) in a secondary cell group (SCG); ¶ 0086: [T]o a logical channel of SCG, the ServCellIndex=0 may be applied to indicate the PSCell in the SCG [TSENG’s mapping of an index value=0 to a “special cell” implies that index values mapped to non-PSCells in the SCG are something other than zero.]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide a defined index value (i.e., 0) as taught by TSENG to map to a “special cell” (i.e., a PSCell in a secondary cell group (SCG) such that in a multiple cell group environment, a base station and a terminal can communicate efficiently. See TSENG, at ¶¶ 0010, 0015. Thus, the Examiner finds that considering the inferences and creative steps—or even routine steps—that one of ordinary skill in the art would have employed at the date of filing of the application, it would have been obvious to combine the teachings of TSUBOI and TSENG to render obvious the claimed feature of configuring different values for a secondary cell identifier assigned to the secondary cell in the secondary cell group, and, and a serving cell identifier assigned to the primary secondary cell in the secondary cell group. See MPEP § 2143. Also, in the same field of endeavor, TS 38.331 teaches: wherein the serving cell identifier concerns a short identity used to identify a serving cell (p. 361: The IE ServCellIndex concerns a short identity, used to identify a serving cell (i.e. the PCell, the PSCell or an SCell). Value 0 applies for the PCell, while the SCellIndex that has previously been assigned applies for SCells) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide a short identity for a serving cell as taught by TS 38.331 to identify a serving cell (i.e. the PCell, the PSCell or an SCell), such that Value 0 applies for the PCell, while the SCellIndex that has previously been assigned applies for SCells. See TS 38.331 at p. 361. Also, in the same field of endeavor, SHI teaches: wherein the processor configures different values for serving cell identifiers each of which is assigned to the primary cell in the master cell group and the primary secondary cell in the secondary cell group. (¶ 0037: [T]he newly added option is limited to be configured only on a PCell or on a PSCell, where ServCellIndex=0 indicates the PCell and ServCellIndex being a configurable value indicates the PSCell. The configurable value is optionally an integer ranged from 1 to 31) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide different values for serving cell identifiers as taught by SHI such that ServCellIndex=0 indicates the PCell while the ServCellIndex indicating the PSCell is a value ranging from 1 to 31, so that the primary cell supports self-scheduling and being cross-carrier scheduled. See SHI, ¶ 0004. Regarding claim 6, TSUBOI discloses: A radio communication system comprising: a radio base station (base station apparatus 3) that configures a terminal (terminal apparatus 2) with a master cell group including a primary cell and a secondary cell and with a secondary cell group including a primary secondary cell and a secondary cell; and (¶ 0047: [M]ultiple serving cells are configured for the terminal apparatus 2, multiple configured serving cells may include one primary cell and one or more secondary cells. The primary cell may be a serving cell in which an initial connection establishment procedure has been performed, a serving cell in which a connection re-establishment procedure has been initiated, or a cell indicated as the primary cell by a handover procedure. One or more secondary cells may be configured at a point of time at which a Radio Resource Control (RRC) connection is established or after the RRC connection is established. A cell group (also referred to as a master cell group (MCG)) including one or more serving cells including a primary cell (PCell), and one or more cell groups (also referred to as secondary cell groups (SCGs)) including one or more serving cells not including a primary cell and including a primary secondary cell (PSCell) in which at least a random access procedure can be performed and which does not become a deactivated state may be configured for the terminal apparatus 2. The master cell group includes one primary cell and zero or more secondary cells. The secondary cell group includes one primary secondary cell and zero or more secondary cells) the terminal, wherein the radio base station includes: a processor (higher layer processing unit 34) that configures different values for a secondary cell identifier assigned to the secondary cell in the secondary cell group, and . . . ; and a transmitter (radio transmission and/or reception unit 30) that transmits the secondary cell identifier and the serving cell identifier to the terminal, and (¶ 0243: The SN transmits an RRC connection reconfiguration message including the SCell configuration information (such as an SCG RRC connection reconfiguration message) to the terminal apparatus 2 (step S808)) the terminal includes: a receiver (radio transmission and/or reception unit 20) that receives the secondary cell identifier and the serving cell identifier from the radio base station, (¶ 0243: [T]erminal apparatus 2 configured with the SCell transmits an RRC connection reconfiguration complete message) TSUBOI does not appear to explicitly disclose: configures different values for . . . a serving cell identifier assigned to the primary secondary cell in the secondary cell group; and wherein the serving cell identifier concerns a short identity used to identify a serving cell, and wherein the processor configures different values for serving cell identifiers each of which is assigned to the primary cell in the master cell group and the primary secondary cell in the secondary cell group. In the same field of endeavor, however, TSENG teaches: configures different values for . . . a serving cell identifier assigned to the primary secondary cell in the secondary cell group; and (¶ 0010: [T]he Serving Cell index value=0 is mapped to a special cell of a cell group corresponding to the at least one logical channel, the special cell is . . . a primary secondary cell (PSCell) in a secondary cell group (SCG); ¶ 0086: [T]o a logical channel of SCG, the ServCellIndex=0 may be applied to indicate the PSCell in the SCG [TSENG’s mapping of an index value=0 to a “special cell” implies that index values mapped to non-PSCells in the SCG are something other than zero.]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide a defined index value (i.e., 0) as taught by TSENG to map to a “special cell” (i.e., a PSCell in a secondary cell group (SCG) such that in a multiple cell group environment, a base station and a terminal can communicate efficiently. See TSENG, at ¶¶ 0010, 0015. Thus, the Examiner finds that considering the inferences and creative steps—or even routine steps—that one of ordinary skill in the art would have employed at the date of filing of the application, it would have been obvious to combine the teachings of TSUBOI and TSENG to render obvious the claimed feature of configuring different values for a secondary cell identifier assigned to the secondary cell in the secondary cell group, and a serving cell identifier assigned to the primary secondary cell in the secondary cell group. See MPEP § 2143. Also, in the same field of endeavor, TS 38.331 teaches: wherein the serving cell identifier concerns a short identity used to identify a serving cell (p. 361: The IE ServCellIndex concerns a short identity, used to identify a serving cell (i.e. the PCell, the PSCell or an SCell). Value 0 applies for the PCell, while the SCellIndex that has previously been assigned applies for SCells) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide a short identity for a serving cell as taught by TS 38.331 to identify a serving cell (i.e. the PCell, the PSCell or an SCell), such that Value 0 applies for the PCell, while the SCellIndex that has previously been assigned applies for SCells. See TS 38.331 at p. 361. Also, in the same field of endeavor, SHI teaches: wherein the processor configures different values for serving cell identifiers each of which is assigned to the primary cell in the master cell group and the primary secondary cell in the secondary cell group. (¶ 0037: [T]he newly added option is limited to be configured only on a PCell or on a PSCell, where ServCellIndex=0 indicates the PCell and ServCellIndex being a configurable value indicates the PSCell. The configurable value is optionally an integer ranged from 1 to 31) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify TSUBOI’s primary secondary cell (PSCell) addition and SCell addition procedures to provide different values for serving cell identifiers as taught by SHI such that ServCellIndex=0 indicates the PCell while the ServCellIndex indicating the PSCell is a value ranging from 1 to 31, so that the primary cell supports self-scheduling and being cross-carrier scheduled. See SHI, ¶ 0004. Regarding claim 8, the combination of TSENG, TSUBOI, TS 38.331, and SHI, as applied above, renders obvious the radio base station of claim 1. TSUBOI further discloses: wherein the processor configures different values for secondary cell identifiers each of which is assigned to the secondary cell in the master cell group and the secondary cell in the secondary cell group. (¶ 0229: The SCG-ConfigInfo may include information indicating a value or range of the SCellIndex that can be used in the SCG. This allows the SN to configure the SCellIndex independently from the MN without the SCellIndex overlapping those of the MCG; ¶ 0242: In a case that the MN adds the SCell in the MCG, SCellIndex that does not overlap SCellIndex already assigned to the MCG SCell or SCellIndex already assigned to the SCG SCell is selected and assigned to an added cell; ¶ 0243: The SN selects the SCellIndex that does not overlap SCellIndex already assigned to the SCG SCell from the list of values or the range of a value, and assigns the selected SCellIndex to the added cell (step S806); ¶ 0244: [W]ith reference to FIG. 9[, t]he SN selects the SCellIndex that does not overlap SCellIndex already assigned to the MCG SCell or SCellIndex already assigned to the SCG SCell) Conclusion Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Garth D Richmond whose telephone number is (703)756-4559. The Examiner can normally be reached M-F 8 a.m. - 5 p.m. ET. 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Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GARTH D RICHMOND/Examiner, Art Unit 2644 /KATHY W WANG-HURST/Supervisory Patent Examiner, Art Unit 2644