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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-5, 16 and 18-21 rejected under 35 U.S.C. 101 because the claimed invention of claims 1, 16 and 21 is directed to a method and UE that is operating with 5G technology and maintaining physical layer components of 2G and 3G are in warm state such as low power and maintaining 2G and 3G layer 2 components in an inactive state. This judicial exception is not integrated into a practical application because the claims just states a device that operating in 5G and the components of 2G and 3G is in low power for physical and inactive states at layer two can be characterized as controlling system behavior. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claim which only states the operation of UE, maintaining states of components, does not state how a device fallback from 5G to 2G and 3G.
As claim 3 and 18, these claims are directed to select 4G from 5G which does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As claim 4 and 19, these claims are directed to the user equipment is configured
to operate in at least one standalone mode or non-standalone mode in the 5G radio
access technology which does not include additional elements that are sufficient to
amount to significantly more than the judicial exception.
As claim 5 and 20, these claims are directed to UE operating in the 5G technology: maintaining fourth-generation (4G) physical layer components in a warm state; and maintaining 4G layer 2 components in an inactive state which does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
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.
Claim(s) 1-4, 16-19 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee [US 2021/0153087 claimed priority of 60/937617 filed on 11/19/2019] in view of Liu [US 2014/0071951].
As claims 1, 16 and 21, Lee [US 2021/0153087] discloses an apparatus and method comprising: operating a user equipment in a fifth-generation (5G) radio access technology and with the user equipment operating in the 5G radio technology [Par. 0022 discloses UE operates with 5G for initiating a call and the fallback 3G and 2G]. However, Lee fails to disclose maintaining of second-generation (2G) and third-generation (3G) physical layer components of the user equipment in a warm state; and maintaining of 2G and 3G layer 2 components of the user equipment an inactive state. In the same field of endeavor, Liu [US 2014/0071951] discloses maintaining second-generation (2G) and third-generation (3G) physical layer components in a warm state [Fig 1, Ref 102, transceiver of 2G and 3G is off state read on in low power]; and maintaining 2G and 3G layer 2 components in an inactive state [Fig 1, Ref 102, transceiver of 2G and 3G includes layer two in off state read on inactive state].
Since, Lee suggests 5G, 4G, 3G and 2G. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising maintaining second-generation (2G) and third-generation (3G) physical layer components in a warm state; and maintaining 2G and 3G layer 2 components in an inactive state as disclosed by Liu into the teaching of Lee. The motivation would have been to prevent a drop call.
As claim 2 and 17, Liu discloses determining that fallback should occur [Fig 1, Ref 104]; and based on the determination that the fallback should occur, powering up at least one of the 2G and 3G layer 2 components [Fig 1, Ref 105].
As claim 3 and 18, Lee discloses reselecting from the 5G radio access technology to a fourth-generation (4G) radio access technology [Par. 0021-0023]. However, Lee fails to disclose the maintaining of the 2G and 3G physical layer components in the warm state and maintaining of the 2G and 3G layer 2 components in the inactive state continues after the reselecting to the 4G radio access technology. In the same field of endeavor, Liu discloses the maintaining the 2G and 3G physical layer components in the warm state [Fig 1, Ref 102, transceiver of 2G and 3G is in is in low power] and maintaining the 2G and 3G layer 2 components in the inactive state continues after the reselecting to the 4G radio access technology [Fig 1, Ref 102, transceiver of 2G and 3G includes layer two in off state after selecting 4G].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising maintaining of second-generation (2G) and third-generation (3G) physical layer components in a warm state; and maintaining of 2G and 3G layer 2 components in an inactive state continues after the reselecting to the 4G radio access technology as disclosed by Liu into the teaching of Lee. The motivation would have been to prevent drop call.
As claims 4 and 19, Lee discloses the user equipment is configured to operate in at least one standalone mode or non-standalone mode in the 5G radio access technology [Par. 0023].
As claims 22-23, Lee discloses the determination that the fallback should occur comprises determining a likelihood of fallback to at least one of 2G or 3G radio access technology [Par. 0021, 0054, 0070 discloses fallback to legacy based on threshold]; and the determination that the fallback should occur is only when the likelihood exceeds a threshold [Par. 0021, 0054 discloses fallback to legacy based on threshold].
Claim(s) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee and Liu as applied to claims 1 and 16 above, and further in view of Raham [US 2022/0078690].
As claims 5 and 20, Lee and Liu fail to disclose what Raham [US 2022/0078690] discloses maintaining of fourth-generation (4G) physical layer components in a warm state [Fig 4, Ref 404-410, wake up 4G transceiver for performing a measuring in order to perform CSFB to 4G]; and maintaining 4G layer 2 components in an inactive state [Fig 4, Ref 404-410, wake up 4G transceiver for performing a measuring in order to perform CSFB to 4G].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising maintaining of fourth-generation (4G) physical layer components in a warm state; and maintaining 4G layer 2 components in an inactive state as disclosed by Raham into the teaching of Lee and Liu. The motivation would have been to prevent drop call.
Claim(s) 1-4, 16-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raham [US 2022/0078690] in view of Liu [US 2014/0071951].
As claims 1, 16 and 21, Raham [US 2022/0078690] discloses an apparatus and method comprising: operating a user equipment in a fifth-generation (5G) radio access technology [Fig 4, UE in 5G network and support CSFB to 4G, 3G, 2G, Par. 0018 and 0040 wherein 4G, 3G and 3G are standby for fallback from 5G] and with the user equipment operating in the 5G radio technology [Par. 0018 discloses UE operation in 5G and request a service wherein 4G, 3G and 3G are standby for fallback from 5G]. However, Raham fails to disclose maintaining second-generation (2G) and third-generation (3G) physical layer components of the user equipment in a warm state; and maintaining 2G and 3G layer 2 components of the user equipment an inactive state. In the same field of endeavor, Liu [US 2014/0071951] discloses maintaining second-generation (2G) and third-generation (3G) physical layer components in a warm state [Fig 1, Ref 102, transceiver of 2G and 3G is in low power “off state”]; and maintaining 2G and 3G layer 2 components in an inactive state [Fig 1, Ref 102, transceiver of 2G and 3G includes layer two in off state “inactive”].
Since, Raham suggests 3G and 2G for fallback. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising maintaining second-generation (2G) and third-generation (3G) physical layer components in a warm state; and maintaining 2G and 3G layer 2 components in an inactive state as disclosed by Liu into the teaching of Raham. The motivation would have been to prevent a drop call.
As claim 2 and 17, Liu discloses determining that fallback should occur [Fig 1, Ref 104]; and based on the determination that the fallback should occur, powering up at least one of the 2G and 3G layer 2 components [Fig 1, Ref 105].
As claim 3 and 18, Raham discloses reselecting from the 5G radio access technology to a fourth-generation (4G) radio access technology [technology [Par. 0035, 0026, 0035]. However, Raham fail to disclose the maintaining of the 2G and 3G physical layer components in the warm state and maintaining of the 2G and 3G layer 2 components in the inactive state continues after the reselecting to the 4G radio access technology. In the same field of endeavor, Liu discloses the maintaining the 2G and 3G physical layer components in the warm state [Fig 1, Ref 102, transceiver of 2G and 3G is in is in low power] and maintaining the 2G and 3G layer 2 components in the inactive state continues after the reselecting to the 4G radio access technology [Fig 1, Ref 102, transceiver of 2G and 3G includes layer two in off state after selecting 4G].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising maintaining of second-generation (2G) and third-generation (3G) physical layer components in a warm state; and maintaining of 2G and 3G layer 2 components in an inactive state continues after the reselecting to the 4G radio access technology as disclosed by Liu into the teaching of Rahman. The motivation would have been to prevent drop call.
As claims 4 and 19, Rahman discloses the user equipment is configured to operate in at least one standalone mode or non-standalone mode in the 5G radio access technology [Par. 0018].
As claims 5 and 20, Rahman discloses maintaining of fourth-generation (4G) physical layer components in a warm state [Fig 4, Ref 404-410, wake up 4G transceiver for performing a measuring in order to perform CSFB to 4G]; and maintaining 4G layer 2 components in an inactive state [Fig 4, Ref 404-410, wake up 4G transceiver for performing a measuring in order to perform CSFB to 4G].
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raham and Liu as applied to claims 1 and 16 above, and further in view of Lee [US 2021/0153087].
As claims 22-23, Raham and Liu fail to disclose what Lee discloses the determination that the fallback should occur comprises determining a likelihood of fallback to at least one of 2G or 3G radio access technology [Par. 0021, 0054, 0070 discloses fallback to legacy based on threshold]; and the determination that the fallback should occur is only when the likelihood exceeds a threshold [Par. 0021, 0054 discloses fallback to legacy based on threshold].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising comparing quality with threshold for determining if service need a fallback as disclosed by Lee into the teaching of Rahman and Liu. The motivation would have been to prevent drop call.
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive.
In page 7-8, the application states that Raham and Liu fail to discloses with UE operating in 5G and maintaining second-generation (2G) and third-generation (3G) physical layer components of the user equipment in a warm state; and maintaining 2G and 3G layer 2 components of the user equipment in an inactive state. In reply, the examiner disagrees with applicant because Raham discloses UE comprises 5G, 4G, 3G and 2G at Par. 0040 wherein 4G, 3G and 2G used as backup network “fallback” when the voice service of 5G is not good. Liu discloses a UE with 4G, 3G and 2G wherein 3G and 2G used as backup network “fallback” when the voice service of 4G is not good and maintaining second-generation (2G) and third-generation (3G) physical layer components of the user equipment in a warm state [wherein transceiver off state, layer 2 is low power]; and maintaining 2G and 3G layer 2 components of the user equipment in an inactive state [wherein transceiver off state, layer 1 is low power]. Since, Raham suggests 3G and 2G for fallback. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising maintaining second-generation (2G) and third-generation (3G) physical layer components in a warm state; and maintaining 2G and 3G layer 2 components in an inactive state as disclosed by Liu into the teaching of Raham. The motivation would have been to prevent a drop call.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Korneluk [US 2020/0077330] discloses a transceiver is lower power mode which is same inactive mode, off mode, off state.
Saxena [US 2017/0094485] discloses mobile communications device and a method for controlling a mobile communications device including a radio processing circuit and a baseband processing circuit adapted to interact with the radio processing circuit, the mobile communications device configured to: receive a page, obtain message identification information from the page, process the obtained message identification information, and control an ongoing network connection resulting from the processed message identification information.
Umatt [US 2013/0070728] discloses methods and systems for autonomously returning a user equipment (UE) from a 2G (2.sup.nd generation)/3G (3.sup.rd generation) network to an LTE (Long Term Evolution) network are provided. The UE may store a flag to note whether a current circuit switched (CS) call in the 2G/3G network is a result of a CSFB. The UE, in response to detecting a termination of the current CS call in the 2G/3G network and determining that the terminated call was a CSFB call (e.g., from the status of the flag), may trigger a mobility mechanism to autonomously return the UE to the LTE network.
Mulaosmanovic [US 2018/0041983] discloses The mobile transceiver 102 powers-down certain device components when not in use to conserve battery power. For example, the mobile transceiver 102 initiates a low power mode for the cellular transceiver 114 after a reporting time/cycle. The low power mode may be an off mode (also known as an off state) in which the cellular transceiver 114 is unpowered or a sleep mode (also known as a standby mode or suspended operation mode) with low power consumption. The cellular transceiver 114 is then activated from the low power mode at the next reporting time/cycle. Any other wireless transceivers are similarly placed into a low power mode after a reporting time/cycle. The satellite receiver 120 and sensors 130 may also be placed into a low power mode when not obtaining location or sensor data, and then activated from the low power mode at the next measurement time/cycle.
Fong [US 2008/0273493] discloses MAC layer with physical layer active, low power, suspended and dormant.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414