Prosecution Insights
Last updated: August 18, 2026
Application No. 18/290,739

DUAL ACTIVE PROTOCOL STACK HANDOVER

Final Rejection §102
Filed
Jan 19, 2024
Priority
Aug 05, 2021 — IN 202141035292 +1 more
Examiner
SMITH, JOSHUA Y
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Nokia Corporation
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
1y 5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
337 granted / 491 resolved
+10.6% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
29 currently pending
Career history
542
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 491 resolved cases

Office Action

§102
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 . The amendment filed 5/4/2026 has been entered. Claims 1-7, 29-37, 65-67 and 71-73 are pending. Claims 8-28, 38-64, 68-70 and 74-76 are cancelled. Claims 1-7, 29-37, 65-67 and 71-73 rejected. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-7, 29-37, 65-67 and 71-73 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tsuboi et al. (Pub. No.: US 20230040973 A1), hereafter referred to as Tsuboi. In regard to Claim 1, Tsuboi teaches An apparatus (terminal apparatus, Para. 217, FIG. 7) comprising: at least one processor (processing unit 502, Para. 763, FIG. 5); and at least one memory including computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859); the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform: enabling dual active protocol stack, DAPS, handover (the make before break-handover (MBB-HO) may be interpreted as a Dual Active Protocol Stack (DAPS) handover, Para. 278), comprising: receiving DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) comprising information indicating one or more bearers that are to be released (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15). Tsuboi teaches maintaining the one or more bearers (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7. The Source eNB can release resources associated with radio (step S718), Para. 231, FIG. 7) during a random-access procedure (The PRACH may be used for indicating synchronization (timing adjustment) for uplink transmission, Para. 103, FIG. 7. In a case that RACH-less handover is not configured by the first RRC connection reconfiguration message, the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target, Para. 220. In a case that no RACH-less handover is configured by the first RRC connection reconfiguration message, the Target eNB returns information of uplink allocation and timing advance to the terminal apparatus (step S710), Para. 221, FIG. 7) with a target access node (Target Enb, Para. 221, FIG. 7). In regard to Claim 2, Tsuboi teaches the DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) comprises an indication that the one or more bearers are to be maintained (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7) during the random-access procedure (The PRACH may be used for indicating synchronization (timing adjustment) for uplink transmission, Para. 103, FIG. 7. In a case that RACH-less handover is not configured by the first RRC connection reconfiguration message, the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target, Para. 220. In a case that no RACH-less handover is configured by the first RRC connection reconfiguration message, the Target eNB returns information of uplink allocation and timing advance to the terminal apparatus (step S710), Para. 221, FIG. 7) with the target access node (Target Enb, Para. 221, FIG. 7). In regard to Claim 3, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 502, Para. 763, FIG. 5), cause the apparatus to perform: releasing the one or more bearers (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15) after the random-access procedure (The PRACH may be used for indicating synchronization (timing adjustment) for uplink transmission, Para. 103, FIG. 7. In a case that RACH-less handover is not configured by the first RRC connection reconfiguration message, the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target, Para. 220. In a case that no RACH-less handover is configured by the first RRC connection reconfiguration message, the Target eNB returns information of uplink allocation and timing advance to the terminal apparatus (step S710), Para. 221, FIG. 7) with the target access node is completed (In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7). In regard to Claim 4, Tsuboi teaches releasing the one or more bearers (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15) comprises releasing one or more internal bearer configurations and/or resources and/or stopping transmission and/or reception on the one or more bearers (In response to receiving a UE context release message, the Source eNB can release resources associated with radio and a C-plane related to the UE context (step S718), Para. 231, FIG. 7). In regard to Claim 5, Tsuboi teaches maintaining the one or more bearers comprises maintaining one or more internal bearer configurations and/or resources (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7) and/or receiving and/or transmitting on the one or more bearers (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15). In regard to Claim 6, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 502, Para. 763, FIG. 5), cause the apparatus to perform: if the DAPS handover fails (The processing unit 502 of the UE 122 that attempts handover from the handover source to the handover target detects expiry of the first timer (Step S2600). Note that the first timer may be a timer used for detecting a handover failure, Para. 785, FIG. 26), continuing transmission and/or reception on the one or more bearers (In a case that the UE 122 starts re-establishment of RRC connection in a case that the first timer expires, the configuration of the UE 122 may be changed back to the configuration of the handover source. In a case that the first timer expires in a case of a handover to a different RAT, the re-establishment of RRC connection may be performed by selecting a cell of the handover source, Para. 785, FIG. 26). In regard to Claim 7, Tsuboi teaches continuing transmission and/or reception on the one or more bearers comprises maintaining one or more services on the one or more bearers (the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB, Para. 218, FIG. 7). In regard to Claim 29, Tsuboi teaches An apparatus (Source eNB, Para. 217, FIG. 7) comprising: at least one processor (processing unit 602, Para. 765, FIG. 6); and at least one memory including computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859); the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform: supporting dual active protocol stack, DAPS, handover (in the make before break-handover (Make-Before-Break HO (MBB-HO)), an activated protocol layer may be used. The make before break-handover (MBB-HO) may be interpreted as a Dual Active Protocol Stack (DAPS) handover, Para. 278), comprising: receiving DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Target eNB sends a HANDOVER REQUEST ACKNOWLEDGE message to the Source eNB (step S706). The HANDOVER REQUEST ACKNOWLEDGE message includes, as an RRC message for performance of handover, Para. 216, FIG. 7. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) comprising information indicating one or more bearers that are to be released (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15). Tsuboi teaches maintaining the one or more bearers (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7. The Source eNB can release resources associated with radio (step S718), Para. 231, FIG. 7) after receipt of the DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7). In regard to Claim 30, Tsuboi teaches at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: maintaining the one or more bearers (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7) until an indication of DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) success is received (In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7). In regard to Claim 31, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: receiving an indication of DAPS handover success (In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7); and releasing the one or more bearers (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15) after receiving the indication (In response to receiving a UE context release message, the Source eNB can release resources associated with radio and a C-plane related to the UE context (step S718), Para. 231, FIG. 7). In regard to Claim 32, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: determining that delayed bearer release is to be used (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7) during a DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover procedure (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7). In regard to Claim 33, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: transmitting a DAPS handover request to a target node (The terminal apparatus reports measurement results to the Source eNB, based on reporting conditions (step S702), Para. 212, FIG. 7. A handover request message including information required to prepare for the handover, to a base station apparatus used as a handover destination (Target eNB) (step S704), Para. 214, FIG. 7), the handover request comprising an indication that delayed bearer release is to be used (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. The terminal apparatus sends an RRC connection reconfiguration complete message (RRCConnectionReconfigurationComplete message) to the Target eNB to confirm handover, Para. 223, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7. In response to receiving a UE context release message, the Source eNB can release resources associated with radio and a C-plane related to the UE context (step S718), Para. 231, FIG. 7). In regard to Claim 34, Tsuboi teaches the DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) comprises an indication that the one or more bearers are to be maintained (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7) during a random-access procedure (The PRACH may be used for indicating synchronization (timing adjustment) for uplink transmission, Para. 103, FIG. 7. In a case that RACH-less handover is not configured by the first RRC connection reconfiguration message, the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target, Para. 220. In a case that no RACH-less handover is configured by the first RRC connection reconfiguration message, the Target eNB returns information of uplink allocation and timing advance to the terminal apparatus (step S710), Para. 221, FIG. 7) between a terminal node (terminal apparatus, Para. 217, FIG. 7) and a target access node (Target Enb, Para. 221, FIG. 7). In regard to Claim 35, Tsuboi teaches the DAPS handover configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15) is received in a handover request acknowledgment (The Target eNB sends a HANDOVER REQUEST ACKNOWLEDGE message to the Source eNB (step S706). The HANDOVER REQUEST ACKNOWLEDGE message includes, as an RRC message for performance of handover, a container transmitted transparently to the terminal apparatus, Para. 216, FIG. 7. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7), wherein the handover request acknowledgement is received in response to a DAPS handover request (The terminal apparatus reports measurement results to the Source eNB, based on reporting conditions (step S702), Para. 212, FIG. 7. A handover request message including information required to prepare for the handover, to a base station apparatus used as a handover destination (Target eNB) (step S704), Para. 214, FIG. 7). In regard to Claim 36, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: amending the DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) to include an indication that the one or more bearers are to be maintained (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7) during a random-access procedure (The PRACH may be used for indicating synchronization (timing adjustment) for uplink transmission, Para. 103, FIG. 7. In a case that RACH-less handover is not configured by the first RRC connection reconfiguration message, the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target, Para. 220. In a case that no RACH-less handover is configured by the first RRC connection reconfiguration message, the Target eNB returns information of uplink allocation and timing advance to the terminal apparatus (step S710), Para. 221, FIG. 7) between a terminal node (terminal apparatus, Para. 217, FIG. 7) and a target access node (Target Enb, Para. 221, FIG. 7). In regard to Claim 37, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: transmitting the DAPS handover configuration information (The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) to at least one terminal node (terminal apparatus, Para. 217, FIG. 7). In regard to Claim 65, Tsuboi teaches An apparatus (Source eNB, Para. 217, FIG. 7) comprising: at least one processor (processing unit 602, Para. 765, FIG. 6); and at least one memory including computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859); the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform: supporting dual active protocol stack, DAPS, handover (in the make before break-handover (Make-Before-Break HO (MBB-HO)), an activated protocol layer may be used. The make before break-handover (MBB-HO) may be interpreted as a Dual Active Protocol Stack (DAPS) handover, Para. 278), comprising: receiving a DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) request (The terminal apparatus reports measurement results to the Source eNB, based on reporting conditions (step S702), Para. 212, FIG. 7) comprising an indication that delayed bearer release is to be used (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7). Tsuboi teaches determining DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) comprising information indicating one or more bearers that are to be released (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15) and an indication that the one or more bearers are to be maintained (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7. The Source eNB can release resources associated with radio (step S718), Para. 231, FIG. 7) during a random-access procedure (The PRACH may be used for indicating synchronization (timing adjustment) for uplink transmission, Para. 103, FIG. 7. In a case that RACH-less handover is not configured by the first RRC connection reconfiguration message, the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target, Para. 220. In a case that no RACH-less handover is configured by the first RRC connection reconfiguration message, the Target eNB returns information of uplink allocation and timing advance to the terminal apparatus (step S710), Para. 221, FIG. 7) between a terminal node (terminal apparatus, Para. 217, FIG. 7) and a target access node (Target Enb, Para. 221, FIG. 7). Tsuboi teaches transmitting the DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7). In regard to Claim 66, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: determining the one or more bearers that are to be released (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15). In regard to Claim 67, Tsuboi teaches the at least one memory and the computer program code (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) configured to, with the at least one processor (processing unit 602, Para. 765, FIG. 6), cause the apparatus to perform: transmitting an acknowledgement that DAPS handover configuration information is configured for delayed bearer release (The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) including a container (mobility control information (mobilityControlInfo)) information element (IE) received from the target eNB (step S707), Para. 217, FIG. 7. Note that in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7). In regard to Claim 71, Tsuboi teaches A non-transitory computer-readable storage medium comprising instructions (Programs or the information handled by the programs are temporarily loaded into a volatile memory, Para. 859) for causing an apparatus to perform: supporting dual active protocol stack, DAPS, handover (in the make before break-handover (Make-Before-Break HO (MBB-HO)), an activated protocol layer may be used. The make before break-handover (MBB-HO) may be interpreted as a Dual Active Protocol Stack (DAPS) handover, Para. 278), comprising: receiving a DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) request (The terminal apparatus reports measurement results to the Source eNB, based on reporting conditions (step S702), Para. 212, FIG. 7) comprising an indication that delayed bearer release is to be used (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7). Tsuboi teaches determining DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information comprising information (FIG. 15 is a diagram illustrating an example of an ASN.1 notation included in a message related to reconfiguration of RRC connection in E-UTRA, Para. 50, FIGS. 7, 15. FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4, Para. 138, FIGS. 4, 7, 15. The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7) indicating one or more bearers that are to be released (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15) and an indication that the one or more bearers are to be maintained (in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7. In a case that the terminal apparatus receives a UE contention resolution identity MAC control element from the Target eNB, the handover procedure of the terminal apparatus completes (step S711), Para. 224, FIG. 7. The Source eNB can release resources associated with radio (step S718), Para. 231, FIG. 7) during a random-access procedure (The PRACH may be used for indicating synchronization (timing adjustment) for uplink transmission, Para. 103, FIG. 7. In a case that RACH-less handover is not configured by the first RRC connection reconfiguration message, the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target, Para. 220. In a case that no RACH-less handover is configured by the first RRC connection reconfiguration message, the Target eNB returns information of uplink allocation and timing advance to the terminal apparatus (step S710), Para. 221, FIG. 7) between a terminal node (terminal apparatus, Para. 217, FIG. 7) and a target access node (Target Enb, Para. 221, FIG. 7). Tsuboi teaches transmitting the DAPS (a scheme (Dual Active Protocol Stack (DAPS)) for simultaneous presence of two protocol stacks for a single cell group, Para. 28) handover (FIG. 7 is a diagram illustrating an example of processing related to handover in EUTRA, Para. 42, FIG. 7. An example of processing related to handover in the EUTRA using FIG. 7, Para. 210, FIG. 7) configuration information (The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) (step S707), Para. 217, FIG. 7). In regard to Claim 72, Tsuboi teaches instructions for causing an apparatus to perform: determining the one or more bearers that are to be released (In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer, Para. 151, FIG. 15. An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released, Para. 157, FIGS. 7, 15). In regard to Claim 73, Tsuboi teaches instructions for causing an apparatus to perform: transmitting an acknowledgement that DAPS handover configuration information is configured for delayed bearer release (The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) including a container (mobility control information (mobilityControlInfo)) information element (IE) received from the target eNB (step S707), Para. 217, FIG. 7. Note that in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission, Para. 218, FIG. 7). Response to Arguments I. Argument for the Claim Rejections under 35 USC § 101 Applicant’s arguments, see page 7, filed 5/4/2026, with respect to the Claim Rejections under 35 USC § 101 have been fully considered and are persuasive. The Claim Rejections under 35 USC § 101 have been withdrawn. II. Arguments for the Claim Rejections under 35 USC § 102 Applicant's arguments filed 5/4/2026 have been fully considered but they are not persuasive. Page 7 of the Remarks presents the argument that With respect to claim 1, Tsuboi does not teach or suggest "... the apparatus to perform: enabling dual active protocol stack, DAPS, handover, comprising: receiving DAPS handover configuration information comprising information indicating one or more bearers that are to be released ...". This argument is not persuasive. Tsuboi teaches in Para. 278: “the make before break-handover (MBB-HO) may be interpreted as a Dual Active Protocol Stack (DAPS) handover” (emphasis added). A terminal apparatus of Tsuboi utilizing a make before break-handover (MBB-HO) that may be interpreted as a Dual Active Protocol Stack (DAPS) handover, is substantively the same as the apparatus to perform: enabling dual active protocol stack, DAPS, handover of Claim 1. Tsuboi teaches in Para. 138 and FIGS. 4 and 15: “FIG. 15 is an example of an ASN.1 notation expressing any or all of the fields and information elements related to a radio bearer configuration, the ASN.1 notation being included in a message related to reconfiguration of RRC connection in E-UTRA in FIG. 4” (emphasis added). Tsuboi teaches in Para. 217, FIG. 7: “The Source eNB may send the terminal apparatus a first RRC connection reconfiguration message (RRCConnectionReconfiguration message) including a container (mobility control information (mobilityControlInfo)) information element (IE) received from the target eNB (step S707)” (emphasis added). This shows that an interpreted Dual Active Protocol Stack (DAPS) handover of Tsuboi can involve an RRC connection reconfiguration message that includes fields and information elements related to a radio bearer configuration, and this is substantively the same as receiving DAPS handover configuration information of Claim 1. Tsuboi teaches in Para. 151 and FIG. 15: “In FIG. 15, an information element represented by RadioResourceConfigDedicated may be an information element used for configuration, change, release, or the like of the radio bearer” (emphasis added). Tsuboi teaches in Para. 157 and FIG. 15: “An information element represented by DRB-ToReleaseList and included in the information elements represented by RadioResourceConfigDedicated may include information indicating one or more DRB identities to be released” (emphasis added). An information element of Tsuboi indicating one or more a Data Radio Bearer (DRB) identities to be released, is substantively the same as information indicating one or more bearers that are to be released of Claim 1. As a result, a terminal apparatus of Tsuboi utilizing an interpreted DAPS handover involving reception of a RRC connection reconfiguration message with fields and information elements related to a radio bearer configuration that can include Data Radio Bearer (DRB) identities to be released, is substantively the same as the apparatus to perform: enabling dual active protocol stack, DAPS, handover, comprising: receiving DAPS handover configuration information comprising information indicating one or more bearers that are to be released of Claim 1. Page 7 of the Remarks presents the argument that With respect to claim 1, Tsuboi does not teach or suggest … "maintaining the one or more bearers during a random-access procedure with a target access node". This argument is not persuasive. Tsuboi teaches in Para. 231 and FIG. 7: “In response to receiving a UE context release message, the Source eNB can release resources associated with radio and a C-plane related to the UE context. Data forwarding in performance may be continued (step S718)” (emphasis added). FIG. 7 of Tsuboi shows step S718 as the only step in which the Source eNB performs a release, and step S718 occurs after the handover procedure of the terminal apparatus completes in step S711, and this indicates that a Source eNB can release Data Radio Bearer (DRB) identities after the handover procedure completes in step S711, and that the Data Radio Bearer (DRB) identities are maintained in the connection with the Source eNB during the handover procedure. Tsuboi teaches in Para. 218 and FIG. 7: “Note that in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission” (emphasis added). This shows that a connection, and an associated Data Radio Bearer (DRB) identity of the connection, are maintained with a Source eNB until making communication with a Target eNB of Tsuboi, and this is substantively the same as maintaining the one or more bearers of Claim 1. Tsuboi teaches in Para. 103 and FIG. 7: “The PRACH may be used for indicating the initial connection establishment procedure, the handover procedure, the connection re-establishment procedure, synchronization (timing adjustment) for uplink transmission” (emphasis added). Tsuboi teaches in Para. 220: “the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target” (emphasis added). This indicates that a random access channel is involved with handover to a Target eNB. As a result, an associated Data Radio Bearer (DRB) identity of a connection is maintained with a Source eNB during handover for synchronization with a Target eNB involving a random access channel of Tsuboi, and this is substantively the same as maintaining the one or more bearers during a random-access procedure of Claim 1. Page 7 of the Remarks presents the argument that However, maintaining a general connection with a source eNB is not the same as explicitly "maintaining the one or more bearers" that have been specifically designated for release. Tsuboi lacks any explicit disclosure that the distinct bearers targeted in the release list are kept active. This argument is not persuasive. Tsuboi does not teach of a general connection, where such a general connection lacks involvement of a data radio bearer identity. Tsuboi teaches in Para. 231 and FIG. 7: “In response to receiving a UE context release message, the Source eNB can release resources associated with radio and a C-plane related to the UE context. Data forwarding in performance may be continued (step S718)” (emphasis added). FIG. 7 of Tsuboi shows step S718 as the only step in which the Source eNB performs a release, and step S718 occurs after the handover procedure of the terminal apparatus completes in step S711, and this indicates that a Source eNB can release Data Radio Bearer (DRB) identities after the handover procedure completes in step S711, and that the Data Radio Bearer (DRB) identities are maintained in the connection with the Source eNB during the handover procedure. Tsuboi teaches in Para. 218 and FIG. 7: “Note that in a case that make before break-handover (Make-Before-Break HO (MBB-HO)) is configured by the first RRC connection reconfiguration message, the terminal apparatus receives the first RRC connection reconfiguration message and then maintains connection with the Source eNB at least until the Target eNB performs the first uplink transmission” (emphasis added). This shows that a connection, and an associated Data Radio Bearer (DRB) identity of the connection, are maintained with a Source eNB until making communication with a Target eNB of Tsuboi, and this is substantively the same as maintaining the one or more bearers of Claim 1. Tsuboi teaches in Para. 103 and FIG. 7: “The PRACH may be used for indicating the initial connection establishment procedure, the handover procedure, the connection re-establishment procedure, synchronization (timing adjustment) for uplink transmission” (emphasis added). Tsuboi teaches in Para. 220: “the terminal apparatus performs synchronization with the Target eNB and uses a random access channel to access the cell used as a target” (emphasis added). This indicates that a random access channel is involved with handover to a Target eNB. As a result, an associated Data Radio Bearer (DRB) identity of a connection is maintained with a Source eNB during handover for synchronization with a Target eNB involving a random access channel of Tsuboi, and this is substantively the same as maintaining the one or more bearers during a random-access procedure of Claim 1. Page 8 of the Remarks presents the argument that Secondly, the Office Action maps the claimed "dual active protocol stack, DAPS, handover" to Tsuboi's "make before break-handover (MBB-HO)". Tsuboi's MBB-HO does not expressly teach the specific structural and procedural steps of the claimed DAPS handover-namely, " ... maintaining the one or more bearers [that are to be released] during the random access procedure ... ". This argument is not persuasive. Tsuboi teaches in Para. 278: “the make before break-handover (MBB-HO) may be interpreted as a Dual Active Protocol Stack (DAPS) handover” (emphasis added). A terminal apparatus of Tsuboi utilizing a make before break-handover (MBB-HO) that may be interpreted as a Dual Active Protocol Stack (DAPS) handover, is substantively the same as the apparatus to perform: enabling dual active protocol stack, DAPS, handover of Claim 1. Page 8 of the Remarks presents the argument that Finally, to map the requirement that the bearers are maintained "during a random-access procedure," the Office action combines Tsuboi's paragraph 218 (maintaining connection) with paragraphs 103, 220, and 221 (describing PRACH and synchronization). A proper anticipation rejection requires all limitations to be arranged or combined in the same way as in the claim (please see MPEP § 2131 Anticipation). Tsuboi does not expressly tie the maintenance of the DRB-ToReleaseList bearers specifically to the duration of the random-access procedure described in these disparate paragraphs. This argument is not persuasive. Tsuboi teaches in Para. 103 and FIG. 7, that a PRACH is used for indicating synchronization during a handover in FIG. 7. Tsuboi teaches in Para. 220, that a terminal apparatus uses a random access channel for synchronization with the Target eNB. Tsuboi shows in Para. 221 and FIG. 7, that the Target eNB returns information to the terminal apparatus in step S710 after synchronization in step S709. As a result, Tsuboi shows in Para. 103, 220, 221 and FIG. 7, that a random access channel (e.g. PRACH) is utilized for synchronization during handover to a Target eNB for subsequent communication, and this is substantively the same as during a random-access procedure of Claim 1. Conclusion THIS ACTION IS MADE FINAL. 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 JOSHUA Y SMITH whose telephone number is (571)270-1826. The examiner can normally be reached Monday-Friday, 10:30am-7pm ET. 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, CHIRAG G SHAH can be reached at (571)272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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. Joshua Smith /J.S./ 6-11-2026 /CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
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Prosecution Timeline

Jan 19, 2024
Application Filed
Feb 09, 2026
Non-Final Rejection mailed — §102
May 04, 2026
Response Filed
Jun 22, 2026
Final Rejection mailed — §102 (current)

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