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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 27, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-6 and 8-11 have been considered but are moot because of the new ground of rejection.
As per the Applicant’s argument, on page 7, “Liu does not require the completion of migration of a ‘second IAB node or UE’ (corresponding to the lower apparatus) as a condition for removing the path”.
The Examiner respectfully disagrees with the above argument. Liu clearly describes the completion of network migration of a target donor node (e.g. paragraph [0034]; [0041]-[0048]; [0055]; [0062]-[0064]; [0114]-[0116]; and so on).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Luo et al. (US 2022/0141749 A1) in view of Liu et al. (US 2023/0076206 A1), and further Speicher et al. (US 2021/0084558 A1).
Regarding claim 1 and 11, Luo discloses a communication control method used in a cellular communication system and a relay node (abstract), the communication control method comprising: transmitting, by a first donor base station to a relay node having a lower apparatus under the relay node, a message for migration from the first donor base station to a second donor base station together with the lower apparatus (paragraph [0177]; [0203]; [0147]-[0150]; [0187]; [0200]-[0201]; [0205]; [0237]; [0241]; [0083]-[0085]; [0097]; [0106]; [0124]-[0134]; [0152]; and so on, illustrating performing handover by relay node with lower relay node, such as child node, from source donor base station to target donor base station).
Luo doesn’t disclose performing, by the first donor base station, a process to remove a path between the relay node and the first donor base station after the connection of the relay node to the second donor base station and migration of the lower apparatus from the first donor base station to the second donor base station are completed, and maintaining the path between the relay node and the first donor base station until handover of the lower apparatus from the first donor base station to the second donor base station are completed.
Liu teaches performing, by the first donor base station, a process to remove a path between the relay node and the first donor base station after the connection of the relay node to the second donor base station and migration of the lower apparatus from the first donor base station to the second donor base station are completed (e.g. paragraph [0063]-[0064]; [0034]; [0042]-[0044]; [0048]; [0055]; [0062]-[0064]; [0114]-[0116]; and so on).
Liu doesn’t disclose maintaining the path between the relay node and the first donor base station until handover of the lower apparatus from the first donor base station to the second donor base station are completed.
Speicher teaches maintaining the path between the relay node and the first donor base station until handover of the lower apparatus from the first donor base station to the second donor base station are completed (paragraph [0107]; [0102]; [0103]-[0104]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use performing, by the first donor base station, a process to remove a path between the relay node and the first donor base station after the connection of the relay node to the second donor base station and migration of the lower apparatus from the first donor base station to the second donor base station are completed, and maintaining the path between the relay node and the first donor base station until handover of the lower apparatus from the first donor base station to the second donor base station are completed as taught by Liu and Speicher into Luo in order to improve migration procedure and to reduce losing packets, and to reduce the number or amount of handover.
Regarding claim 2, Luo disclose further comprising, upon completing connection of the relay node to the second donor base station, transmitting, by the relay node to the lower apparatus, a predetermined notification (paragraph [0097]; [0139]; [0150]-[0152]; [0158]; [0204]; [0209]; [0237]; [0247]; and etc., explaining the transmission of notification upon the handover is completed), wherein the predetermined notification indicates that the connection is completed or that access to the second donor base station is allowed (paragraph [0097]-[0098]; [0150]-[0152]; [0203]-[0204]; [0209]; [0237]-[0241]; [0247]-[0251]; and so on).
Regarding claim 3, Luo further discloses comprising transmitting, by the first donor base station and to the lower apparatus via the relay node, a message instructing migration from the first donor base station to the second donor base station, wherein the message comprises an indicator suspending access to the second donor base station (paragraph [0157]-[0158]; [0184]-[0188]; and so on).
Regarding claim 4, Luo further discloses comprising: upon completing connection of the relay node to the second donor base station, transmitting, by the relay node to the lower apparatus, a predetermined notification (paragraph [0097]; [0139]; [0150]-[0152]; [0158]; [0204]; [0209]; [0237]; [0247]; and etc., explaining the transmission of notification upon the handover is completed); and starting, by the lower apparatus, access to the second donor base station in response to receiving the predetermined notification (paragraph [0157]-[0158]; [0200]; [0209]; and so on).
Regarding claim 5, Luo further discloses comprising transmitting, by the first donor base station to the lower apparatus, configuration information of conditional handover comprising a trigger condition, wherein the configuration information comprises a trigger condition of causing, when the relay node completes the connection to the second donor base station, the lower apparatus to execute handover (paragraph [0094]; [0097]; [0106]-[0107]; [0115]-[0122]; [0124]-[0135]; [0194]-[0201]; [0203]-[0209]; [0220]; [0242]-[0257]; [0270]; and etc.).
Regarding claim 6, Luo discloses wherein the trigger condition includes receiving a notification from an upper node (figs. 6-22).
Regarding claim 8, Luo further discloses comprising upon completing the handover to the second donor base station, transmitting, by the relay node to the second donor base station, a first access message directed to the second donor base station received from the lower apparatus (paragraph [0097]; [0139]; [0147]-[0152]; [0158]; [0204]-[0205]; [0209]; [0237]; [0247]; [0177]; [0203]; [0187]; [0200]-[0201];[0241]; and etc.).,
Regarding claim 9, Luo discloses wherein the transmitting comprises suspending, by the relay node, transfer of the first access message to the second donor base station until the connection to the second donor base station is completed (paragraph [0157]-[0158]; [0184]-[0188]; and so on).
Regarding claim 10, Luo discloses wherein the performing the migration comprises performing, by the relay node having the lower apparatus under the relay node and another relay node under the relay node, migration from the first donor base station to the second donor base station together with the lower apparatus and the another relay node (figs. 6, 8, 12, 21, paragraph [0177]; [0203]; [0147]-[0150]; [0187]; [0200]-[0201]; [0205]; [0237]; [0241]; and so on), and the transmitting comprises, upon receiving a message instructing group handover from the first donor base station and completing the connection to the second donor base station, transmitting, by the relay node and to the second donor base station, a second access message directed to the second donor base station received from the lower apparatus and a third access message directed to the second donor base station received from the another relay node (figs. 6, 8, 12, 21, paragraph [0097]; [0139]; [0150]-[0152]; [0158]; [0204]; [0209]; [0237]; [0247]; and etc.).
Conclusion
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/KIBROM T HAILU/Primary Examiner, Art Unit 2461