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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/1/2026 has been entered.
Claims 1, 2, 4-7, 9-12, 14-17, 19-24 are pending and presented for examination.
Response to Amendment
Claims 1, 6, 11, 16, 21 & 23 have been amended.
Rejections of claims 1, 2, 4-7, 9-12, 14-17, 19-24 under 35 USC 103 have been withdrawn based on amendments to claims 1, 6, 11, 16, 21 & 23, however, new grounds of rejections to claims 1, 2, 4-7, 9-12, 14-17, 19-24 under 35 USC 103 have been made based on new reference Hsu et al. (US 2018/0343697)(herein after “Hsu”).
Response to Arguments
Applicant's arguments filed 4/1/2026 have been fully considered but they are not persuasive.
Regarding claim 1, applicant argues that Gholmieh fails to disclose "wherein the first network device is a primary station; ... wherein the second network device is a secondary station; ... wherein the terminal device supports dual connectivity with the primary station and the secondary station," because, although Gholmieh discusses Dual Connectivity, Gholmieh does not disclose “primary station” and “secondary station” as specific network devices in a dual connectivity architecture. Examiner respectfully disagrees noting that [0109] of Gholmieh discloses that LTE may serve as the master of dual connectivity between LTE and NR. Someone having ordinary skill in the art would know that a dual connectivity architecture between LTE and NR where LTE is the master would have a primary 4G LTE eNb station acting as the master node and a secondary 5G NR gNB station acting as a secondary node. Thus, Gholmieh discloses that the 4G eNb (i.e. the first network device) may be a primary station and the 5G gNb (i.e. the second network device) may be a secondary station.
Based on the above discussion, examiner submits that Gholmieh does disclose of the amended claim 1 limitations “wherein the first network device is a primary station; ... wherein the second network device is a secondary station; ... wherein the terminal device supports dual connectivity with the primary station and the secondary station,".
Applicant argues that Bae does not teach of a “secondary station”. Given the discussion above, it is moot that Bae does not teach of a “secondary station” since a “secondary station” is disclosed by Gholmieh.
Based on the above discussion, examiner submits that Gholmieh in view of Bae disclose "receiving a capability inquiry message from a first network device, wherein the first network device is a primary station; obtaining first release information of a second network device, wherein the second network device is a secondary station, and the first release information indicates a first protocol release of a communication standard supported by the second network device; determining first capability information of a terminal device based on the first release information, wherein the terminal device supports dual connectivity with the primary station and the secondary station, the first capability information does not exceed capability information corresponding to the first release information, the first capability information comprises second release information supported by the terminal device, a second protocol release of the communication standard indicated by the second release information is subsequent to the first protocol release of the communication standard indicated by the first release information"’
Applicant’s arguments, see “Remarks”, filed 11/5/2025, with respect to the rejections of claims 1, 2, 4-7, 9-12, 14-17, 19-24 under 35 USC 103 made in the Final rejection dated 1/6/2026 have been fully considered and are persuasive. Therefore, these rejections have been withdrawn. However, upon further consideration, new grounds of rejections are made to these claims under 35 USC 103 based on new reference Hsu et al. (US 2018/0343697)(herein after “Hsu”).
Regarding claim 1, applicant submits that amendments to this claim to include the limitation “…and capability information corresponding to the second release information is for configuring the secondary station” traverse the rejection of this claim under 35 USC 103 made in the Final Rejection dated 1/6/2026. Examiner agrees and withdraws rejection of claim 1 under 35 USC 103 made in the Final Rejection dated 1/6/2026. However, after further consideration, examiner introduces a new ground of rejection of claim 1 under 35 USC 103 based on new reference HSU. Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding claims 6, 11 & 16, applicant submits that these claims traverse the rejections of these claims under 35 USC 103 made in the Final Rejection dated 1/6/2026 due to similar amendments and arguments as made for claim 1. Examiner agrees and withdraws rejections of claims 6, 11 & 16 under 35 USC 103 made in the Final Rejection dated 1/6/2026. However, for the same reasons as discussed above, examiner introduces new grounds of rejections of claims 6, 11 & 16 under 35 USC 103 based on new reference Hsu.
Regarding claims 2, 4, 5, 7, 9, 10, 12, 14, 15, 17 & 19-24, applicant submits that these claims traverse the rejections of these claims under 35 USC 103 made in the Final Rejection dated 1/6/2026 due to amendments and arguments made for claims 1, 6, 11 & 16 and due to their dependency on claims 1, 6, 11 or 16. Examiner agrees and withdraws rejections of claims 2, 4, 5, 7, 9, 10, 12, 14, 15, 17 & 19-24 under 35 USC 103 made in the Final Rejection dated 1/6/2026. However, for the same reasons as discussed above, examiner introduces new grounds of rejections of claims 2, 4, 5, 7, 9, 10, 12, 14, 15, 17 & 19-24 under 35 USC 103 based on new reference Hsu.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4-7, 9-12, 14-17, 19-24 are rejected under 35 U.S.C. 103 as being unpatentable over Gholmieh et al. (US 2018/0049213)(herein after “Gholmieh) in view of Bae et al. (US 12022569)(herein after “Bae”), and further in view of Hsu et al. (US 2018/0343697)(herein after “Hsu”).
Regarding claims 1 & 11, Gholmieh discloses an information reporting method comprising to (Fig 12 & [0115] disclose a UE capability reporting method (i.e. information reporting method).), and a communication apparatus comprising at least one processor configured to (Fig 6, [0076] & [0082] disclose a UE 650 (i.e. communication apparatus) comprising RX processor 656 and TX processor 668.):
receive a capability inquiry message from a first network device, wherein the first network device is a primary station (Fig 12 & [0115] disclose, in step 5, a UE receives a broadcast message from a 4G eNB (i.e. first network device) of interesting bands & NW capabilities of a 5G NB and, in step 6, reports UE capabilities. [0109] discloses that LTE may serve as the master of dual connectivity between LTE and NR (i.e. the 4G eNB is a primary station). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). [0113] discloses that the UE may not report its capabilities unless requested by a host network (e.g. first network device 4G eNB). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on broadest reasonable interpretation (BRI) that the broadcast message sent from 4G eNB in step 5 comprises a request for the UE’s capabilities (i.e. a capability inquiry message.).);
obtain first release information of a second network device, wherein the second network device is a secondary station, and the first release information indicates a first protocol release of a communication standard supported by the second network device (Fig 12 & [0115] discloses, in step 5, the UE obtaining interesting bands & NW capabilities of a 5G NB (i.e. first release information of a second network device). [0005] discloses that NR enhancements (i.e. NR capabilities) are defined by 3GPP standards (i.e. the first release information indicates an NR protocol release of 3GPP standards supported by the second network device). [0109] discloses that LTE may serve as the master of dual connectivity between LTE and NR (i.e. the LR eNB is a secondary station).);
determine first capability information of the terminal device based on the first release information (Fig 12 & [0015] disclose the UE determining a 5G-SET1 capability information set (i.e. a first capability information) based on the 5G NB interesting bands & network capabilities (i.e. based on the first release information).),
wherein the terminal device supports dual connectivity with the primary station and the secondary station ([0109] discloses that the UE may be configured to support all inter-RAT dependencies, such as dual connectivity with LTE serving as the master.),
the first capability information does not exceed capability information corresponding to the first release information (Fig 9 & [0101] disclose that the capability sets determined by the UE for a second RAT are based on (i.e. not exceeding ) the information about the second RAT. Thus, the 5GSET1 capability set determined by the UE in Fig 12 & [0115] would not exceed the interesting bands & NW capabilities indicated by the 5G NB.), and
sending, by the terminal device, the first capability information to the first network device (Fig 12 & [0015] disclose in step 6 the UE sending the 5G-SET1 capability information (i.e. first capability information) to the 4G eNB (i.e. first network device).).
Gholmieh fails to disclose but Bae teaches wherein the first capability information comprises second release information supported by the terminal device, and a second protocol release of the communication standard indicated by the second release information is subsequent to the first protocol release of the communication standard indicated by the first release information (Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+m UE (i.e. second protocol release of the communication standard supported by the terminal device) may transmit release N+m signaling (i.e. second release information) together with release N signaling (i.e. first release information), where m may be equal to 1 such as sending Rel-16 signaling with Rel-15 signaling (i.e. a subsequent protocol release of the communication standard). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+m (i.e. second release information.).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a method comprising to, or a communication apparatus configured to: receive a capability inquiry message from a first network device, wherein the first network device is a primary station; obtain first release information of a second network device, wherein the second network device is a secondary station, and the first release information indicates a first protocol release of a communication standard supported by the second network device; determine first capability information of a terminal device based on the first release information, wherein the terminal device supports dual connectivity with the primary station and the secondary station, the first capability information does not exceed capability information corresponding to the first release information; and sending the first capability information to the first network device, as disclosed by Gholmieh, wherein the first capability information comprises second release information supported by the terminal device, and a second protocol release of the communication standard indicated by the second release information is subsequent to the first protocol release of the communication standard indicated by the first release information, as taught by Bae. The motivation to do so would have been to have a UE, or a method for a UE to, in dual connectivity with a master eNb and a secondary gNb, report to the master eNB first capability information of the UE supported by a first protocol release of the NR standards of the gNB, wherein the first capability information includes capability information of the UE supported by a second protocol release of the NR standards of the gNB, subsequent to the first protocol release, so that the secondary gNb can take advantage of new features offered by the second protocol release while the UE is in dual connectivity with the master eNB and secondary gNB.
Gholmieh fails to disclose but Hsu further teaches wherein capability information corresponding to the second release information is for configuring the secondary station ([0022] discloses a UE sending band combination and baseband feature set indications to a master node (i.e. a primary station) for configuring a secondary node to operate using the indicated band combination and feature set for dual connectivity operation.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a method comprising to, or a communication apparatus configured to: receive a capability inquiry message from a first network device, wherein the first network device is a primary station; obtain first release information of a second network device, wherein the second network device is a secondary station, and the first release information indicates a first protocol release of a communication standard supported by the second network device; determine first capability information of a terminal device based on the first release information, wherein the terminal device supports dual connectivity with the primary station and the secondary station, the first capability information does not exceed capability information corresponding to the first release information; and sending the first capability information to the first network device, wherein the first capability information comprises second release information supported by the terminal device, and a second protocol release of the communication standard indicated by the second release information is subsequent to the first protocol release of the communication standard indicated by the first release information, as disclosed by Gholmieh in view of Bae, wherein capability information corresponding to the second release information is for configuring the secondary station, as further taught by Hsu. The motivation to do so would have been to have a UE, or a method for a UE to, in dual connectivity with a master eNb and a secondary gNb, to report to the master eNB first capability information of the UE supported by a first protocol release of the NR standards of the gNB, wherein the first capability information includes capability information of the UE supported by a second protocol release of the NR standards of the gNB, subsequent to the first protocol release, so that the secondary gNb can be configured to take advantage of new features offered by the second protocol release while the UE is in dual connectivity with the master eNB and secondary gNB.
Regarding claim 2, Gholmieh in view of Bae and Hsu disclose the method of claim 1.
Gholmieh discloses wherein the obtaining the first release information of the second network device comprises: obtaining the first release information from the capability inquiry message, wherein the capability inquiry message comprises the first release information (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 comprises a request for the UE’s capabilities, and thus the broadcast message can be interpreted as a capability inquiry message comprising first release information.); or
obtaining the first release information from a first message, wherein the capability inquiry message carries first indication information, and the first indication information indicates the terminal device to determine the first capability information based on the first release information (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message obtaining bands & network capabilities (i.e. a first message containing first release information) of a 5G NB (i.e. second network device). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). [0113] discloses that the UE may not report its capabilities (i.e. first capability information) unless requested by a host network (e.g. first network device 4G eNB). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 also comprises an indication for the UE to report its capabilities (e.g. a capability inquiry message carrying first indication information). Thus, the broadcast message in step 5 can be interpreted as comprising both a first message containing bands & network capabilities (i.e. first release information) and a request message for the UE to determine and report its capabilities based on the bands and network capabilities of the 5G NB (i.e. capability inquiry message carrying first indication information, wherein the first indication information indicates to the UE to determine and report first capability information based on the first release information).).
Regarding claim 4, Gholmieh in view of Bae and Hsu disclose the method of claim 1.
Gholmieh fails to disclose further comprising: obtaining third release information of the first network device; determining second capability information of the terminal device based on the third release information; and sending the second capability information to the first network device.
However, Bae teaches further comprising: obtaining third release information of the first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE obtaining an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information).);
determining second capability information of the terminal device based on the third release information (Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine second capability information based on feature group restrictions of release N+2 (i.e. third release information.); and
sending the second capability information to the first network device (Col 6, lines 66-67 & col 7, lines 1-2 disclose that the UE sends the release N through release N+2 signaling together.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a method of claim 1, as disclosed by Gholmieh in view of Bae and Hsu, further comprising: obtaining third release information of the first network device; determining second capability information of the terminal device based on the third release information; and sending the second capability information to the first network device, as taught by Bae. The motivation to do so would have been to have a method for a UE to report, to a source base station, first capability information of the UE supported by a first release of a target base station, wherein the first capability information includes capability information of the UE supported by a second release, subsequent to a first release of the first release information, and second capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the second capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information, the second release information and the third release information, in order to take advantage of new features offered by the second release and third release in the secondary cell.
Regarding claim 5, Gholmieh in view of Bae and Hsu disclose the method of claim 1.
Gholmieh fails to disclose further comprising: obtaining, by the terminal device, third release information of the first network device; determining, by the terminal device, third capability information of the terminal device based on the first release information and the third release information; and sending, by the terminal device, the third capability information to the first network device.
However, Bae teaches further comprising: obtaining, by the terminal device, third release information of the first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE obtaining an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information).);
determining, by the terminal device, third capability information of the terminal device based on the first release information and the third release information (Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine third capability information based on feature group restrictions of release N (i.e. first release information) and N+2 (i.e. third release information.); and
sending, by the terminal device, the third capability information to the first network device (Col 6, lines 66-67 & col 7, lines 1-2 disclose that the UE sends the release N and release N+2 signaling together.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a method of claim 1, as disclosed by Gholmieh in view of Bae and Hsu, further comprising: obtaining, by the terminal device, third release information of the first network device; determining, by the terminal device, third capability information of the terminal device based on the first release information and the third release information; and sending, by the terminal device, the third capability information to the first network device, as taught by Bae. The motivation to do so would have been to have a method for a UE to report, to a source base station, first capability information of the UE supported by a first release of a target base station, and third capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the third capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information and the third release information, in order to take advantage of new features offered by the third release in the secondary cell.
Regarding claims 6 & 16, Gholmieh discloses an information reporting method comprising to (Fig 12 & [0115] disclose a UE capability reporting method (i.e. information reporting method).), and a communication apparatus, comprising at least one processor configured to (Fig 6, [0078] & [0083] disclose a Node B 610 (i.e. communication apparatus) comprising RX processor 670 and TX processor 616.):
send, by a first network device, a capability inquiry message to a terminal device, wherein the first network device is a primary station, or send a capability inquiry message to a terminal device, wherein the communication apparatus is first network device that is a primary station (Fig 12 & [0115] disclose, in step 5, a 4G eNB (i.e. first network device), sending to a UE, interesting bands & NW capabilities of a 5G NB and, in step 6, the UE reports UE capabilities. [0109] discloses that LTE may serve as the master of dual connectivity between LTE and NR (i.e. the 4G eNB is a primary station). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the 4G eNB sends a capability inquiry request message). [0113] discloses that the UE may not report its capabilities unless requested by a host network (e.g. first network device 4G eNB). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on broadest reasonable interpretation (BRI) that the broadcast message sent from 4G eNB in step 5 comprises a request for the UE’s capabilities (i.e. a capability inquiry message.).);
receive first capability information from the terminal device, wherein the first capability information is determined based on first release information of a second network device, the second network device is a secondary station, the first release information indicates a first protocol release of a communication standard supported by the second network device, the first capability information is related to the second network device (Fig 12 & [0015] disclose, in step 6, the 4G eNB (i.e. first network device) receiving UE capability set 5G-SET1 (i.e. first capability information) sent by the UE related to the 5G NG (i.e. the second network device), wherein the UE capability set 5G-SET1 is determined based on the 5G NB bands & network capabilities (i.e. first release information) of the 5G NB (i.e. second network device). [0005] discloses that NR enhancements (i.e. 5G-SET1 bands & network capabilities) are defined by 3GPP standards (i.e. the first release information indicates an NR protocol release of 3GPP standards supported by the second network device). [0109] discloses that LTE may serve as the master of dual connectivity between LTE and NR (i.e. the LR eNB is a secondary station).); and
send the first capability information to the second network device (Fig 12 & [0115] disclose, in step 7, the 4G eNB (i.e. first network device) sending the UE capability set 5G-SET1 (i.e. first capability information) to the 5G NB (i.e. second network device).).
Gholmieh fails to disclose but Bae teaches wherein the first capability information does not exceed capability information corresponding to the first release information, the first capability information comprises second release information supported by the terminal device, a second protocol release of the communication standard indicated by the second release information is subsequent to the first protocol release of the communication standard indicated by the first release information (Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+m UE (i.e. second protocol release of the communication standard supported by the terminal device) may transmit release N+m signaling (i.e. second release information) together with release N signaling (i.e. first release information), where m may be equal to 1 such as sending Rel-16 signaling with Rel-15 signaling (i.e. a subsequent protocol release of the communication standard). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+m (i.e. second release information.).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have an information reporting method comprising to, or a communication apparatus configured to: send, by a first network device, a capability inquiry message to a terminal device, wherein the first network device is a primary station or send a capability inquiry message to a terminal device, wherein the communication apparatus is first network device that is a primary station; receive first capability information from the terminal device, wherein the first capability information is determined based on first release information of a second network device, the second network device is a secondary station, the first release information indicates a first protocol release of a communication standard supported by the second network device, the first capability information is related to the second network device; and send the first capability information to the second network device, as disclosed by Gholmieh, wherein the first capability information does not exceed capability information corresponding to the first release information, the first capability information comprises second release information supported by the terminal device, a second protocol release of the communication standard indicated by the second release information is subsequent to the first protocol release of the communication standard indicated by the first release information, as taught by Bae. The motivation to do so would have been to have a UE, or a method for a UE to, in dual connectivity with a master eNb and a secondary gNb, receive an inquiry message from the master eNB and report to the master eNB first capability information of the UE supported by a first protocol release of the NR standards of the gNB, wherein the first capability information includes capability information of the UE supported by a second protocol release of the NR standards of the gNB, subsequent to the first protocol release, so that the secondary gNb can take advantage of new features offered by the second protocol release while the UE is in dual connectivity with the master eNB and secondary gNB.
Gholmieh fails to disclose but Hsu further teaches wherein capability information corresponding to the second release information is for configuring the secondary station ([0022] discloses a UE sending band combination and baseband feature set indications to a master node (i.e. a primary station) for configuring a secondary node to operate using the indicated band combination and feature set for dual connectivity operation.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have an information reporting method comprising to, or a communication apparatus configured to: send, by a first network device, a capability inquiry message to a terminal device, wherein the first network device is a primary station or send a capability inquiry message to a terminal device, wherein the communication apparatus is first network device that is a primary station; receive first capability information from the terminal device, wherein the first capability information is determined based on first release information of a second network device, the second network device is a secondary station, the first release information indicates a first protocol release of a communication standard supported by the second network device, the first capability information is related to the second network device; and sending the first capability information to the second network device, wherein the first capability information does not exceed capability information corresponding to the first release information, the first capability information comprises second release information supported by the terminal device, a second protocol release of the communication standard indicated by the second release information is subsequent to the first protocol release of the communication standard indicated by the first release information, as disclosed by Gholmieh in view of Bae, wherein capability information corresponding to the second release information is for configuring the secondary station, as further taught by Hsu. The motivation to do so would have been to have a UE, or a method for a UE to, in dual connectivity with a master eNb and a secondary gNb, receive an inquiry message from the master eNB and report to the master eNB first capability information of the UE supported by a first protocol release of the NR standards of the gNB, wherein the first capability information includes capability information of the UE supported by a second protocol release of the NR standards of the gNB, subsequent to the first protocol release, so that the secondary gNb can be configured to take advantage of new features offered by the second protocol release while the UE is in dual connectivity with the master eNB and secondary gNB.
Regarding claim 7, Gholmieh in view of Bae and Hsu disclose the method of claim 6.
Gholmieh discloses wherein the capability inquiry message comprises the first release information (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 comprises a request for the UE’s capabilities, and thus the broadcast message can be interpreted as a capability inquiry message comprising first release information.); or
the first release information is transmitted via a first message, the capability inquiry message carries first indication information, and the first indication information indicates the terminal device to determine the first capability information based on the first release information (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message obtaining bands & network capabilities (i.e. a first message containing first release information) of a 5G NB (i.e. second network device). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). [0113] discloses that the UE may not report its capabilities (i.e. first capability information) unless requested by a host network (e.g. first network device 4G eNB). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 also comprises an indication for the UE to report its capabilities (e.g. a capability inquiry message carrying first indication information). Thus, the broadcast message in step 5 can be interpreted as comprising both a first message containing bands & network capabilities (i.e. first release information) and a request message for the UE to determine and report its capabilities based on the bands and network capabilities of the 5G NB (i.e. capability inquiry message carrying first indication information, wherein the first indication information indicates to the UE to determine and report first capability information based on the first release information).).
Regarding claim 9, Gholmieh in view of Bae and Hsu disclose the method of claim 6.
Gholmieh fails to disclose further comprising: receiving second capability information from the terminal device, wherein the second capability information is determined based on third release information of a first network device.
However, Bae teaches further comprising: receiving second capability information from the terminal device, wherein the second capability information is determined based on third release information of a first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE obtaining an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information). Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine second capability information based on feature group restrictions of release N+2 (i.e. third release information.); and
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a method of claim 6, as disclosed by Gholmieh in view of Bae and Hsu, further comprising: receiving second capability information from the terminal device, wherein the second capability information is determined based on third release information of a first network device, as taught by Bae. The motivation to do so would have been to have a method for a UE to report, to a source base station, first capability information of the UE supported by a first release of a target base station, wherein the first capability information includes capability information of the UE supported by a second release, subsequent to a first release of the first release information, and second capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the second capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information, the second release information and the third release information, in order to take advantage of new features offered by the second release and third release in the secondary cell.
Regarding claim 10, Gholmieh in view of Bae and Hsu disclose the method of claim 6.
Gholmieh fails to discloses further comprising: receiving third capability information from the terminal device, wherein the third capability information is determined based on the first release information and third release information of a first network device.
However, Bae teaches further comprising: receiving third capability information sent by the terminal device, wherein the third capability information is determined based on the first release information and third release information of the first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE receiving an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information). Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine third capability information based on feature group restrictions of release N (i.e. first release information) and N+2 (i.e. third release information.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a method of claim 6, as disclosed by Gholmieh in view of Bae and Hsu, further comprising: receiving third capability information from the terminal device, wherein the third capability information is determined based on the first release information and third release information of a first network device, as taught by Bae. The motivation to do so would have been to have a method for a UE to report, to a source base station, first capability information of the UE supported by a first release of a target base station, and third capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the third capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information and the third release information, in order to take advantage of new features offered by the third release in the secondary cell.
Regarding claim 12, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 11.
Gholmieh discloses wherein the at least one processor is further configured to: obtain the first release information from the capability inquiry message, wherein the capability inquiry message comprises the first release information (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 comprises a request for the UE’s capabilities, and thus the broadcast message can be interpreted as a capability inquiry message comprising first release information.); or
obtain the first release information from a first message (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message obtaining bands & network capabilities (i.e. a first message containing first release information) of a 5G NB (i.e. second network device).);
wherein the capability inquiry message carries first indication information, and the first indication information indicates the terminal device to determine the first capability information based on the first release information ([0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). [0113] discloses that the UE may not report its capabilities (i.e. first capability information) unless requested by a host network (e.g. first network device 4G eNB). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 also comprises an indication for the UE to report its capabilities (e.g. a capability inquiry message carrying first indication information). Thus, the broadcast message in step 5 can be interpreted as comprising both a first message containing bands & network capabilities (i.e. first release information) and a request message for the UE to determine and report its capabilities based on the bands and network capabilities of the 5G NB (i.e. capability inquiry message carrying first indication information, wherein the first indication information indicates to the UE to determine and report first capability information based on the first release information).).
Regarding claim 14, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 11.
Gholmieh fails to disclose wherein the at least one processor is further configured to: obtain third release information of the first network device; determine second capability information of the terminal device based on the third release information; and send the second capability information to the first network device.
However, Bae teaches wherein the at least one processor is further configured to: obtain third release information of the first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE obtaining an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information).);
determine second capability information of the terminal device based on the third release information (Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine second capability information based on feature group restrictions of release N+2 (i.e. third release information.); and
send the second capability information to the first network device (Col 6, lines 66-67 & col 7, lines 1-2 disclose that the UE sends the release N through release N+2 signaling together.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a communication apparatus according to claim 11, as disclosed by Gholmieh in view of Bae and Hsu, wherein the at least one processor is further configured to: obtain third release information of the first network device; determine second capability information of the terminal device based on the third release information; and send the second capability information to the first network device, as taught by Bae. The motivation to do so would have been to have a communication apparatus such as a UE report, to a source base station, first capability information of the UE supported by a first release of a target base station, wherein the first capability information includes capability information of the UE supported by a second release, subsequent to a first release of the first release information, and second capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the second capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information, the second release information and the third release information, in order to take advantage of new features offered by the second release and third release in the secondary cell.
Regarding claim 15, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 11.
Gholmieh fails to disclose wherein the at least one processor is further configured to: obtain third release information of the first network device; determine third capability information of the terminal device based on the first release information and the third release information; and send the third capability information to the first network device.
However, Bae teaches wherein the at least one processor is further configured to: obtain third release information of the first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE obtaining an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information).);
determine third capability information of the terminal device based on the first release information and the third release information (Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine third capability information based on feature group restrictions of release N (i.e. first release information) and N+2 (i.e. third release information.); and
send the third capability information to the first network device (Col 6, lines 66-67 & col 7, lines 1-2 disclose that the UE sends the release N and release N+2 signaling together.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 11, as disclosed by Gholmieh in view of Bae and Hsu, wherein the at least one processor is further configured to: obtain third release information of the first network device; determine third capability information of the terminal device based on the first release information and the third release information; and send the third capability information to the first network device, as taught by Bae. The motivation to do so would have been to have a communication apparatus such as a UE report, to a source base station, first capability information of the UE supported by a first release of a target base station, and third capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the third capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information and the third release information, in order to take advantage of new features offered by the third release in the secondary cell.
Regarding claim 17, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 16.
Gholmieh discloses wherein the capability inquiry message comprises the first release information (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 comprises a request for the UE’s capabilities, and thus the broadcast message can be interpreted as a capability inquiry message comprising first release information.); or
the first release information is transmitted via a first message, the capability inquiry message carries first indication information, and the first indication information indicates the terminal device to determine the first capability information based on the first release information (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message obtaining bands & network capabilities (i.e. a first message containing first release information) of a 5G NB (i.e. second network device). [0098] discloses that the network may request that the UE report UE capabilities via a network initiated query (i.e. the UE receives a capability inquiry request message). [0113] discloses that the UE may not report its capabilities (i.e. first capability information) unless requested by a host network (e.g. first network device 4G eNB). Since Fig 12 & [0115] disclose the UE reporting its capabilities in step 6, it can be interpreted based on BRI that the broadcast message in step 5 also comprises an indication for the UE to report its capabilities (e.g. a capability inquiry message carrying first indication information). Thus, the broadcast message in step 5 can be interpreted as comprising both a first message containing bands & network capabilities (i.e. first release information) and a request message for the UE to determine and report its capabilities based on the bands and network capabilities of the 5G NB (i.e. capability inquiry message carrying first indication information, wherein the first indication information indicates to the UE to determine and report first capability information based on the first release information).).
Regarding claim 19, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 16.
Gholmieh fails to wherein the at least one processor is further configured to: receive second capability information from the terminal device, wherein the second capability information is determined based on third release information of a first network device.
However, Bae teaches wherein the at least one processor is further configured to: receive second capability information sent by the terminal device, wherein the second capability information is determined based on third release information of a first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE obtaining an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information). Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine second capability information based on feature group restrictions of release N+2 (i.e. third release information.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 16, as disclosed by Gholmieh in view of Bae and Hsu, wherein the at least one processor is further configured to: receive second capability information from the terminal device, wherein the second capability information is determined based on third release information of a first network device, as taught by Bae. The motivation to do so would have been to have a communication apparatus such as a source base station, receive a report from a UE with first capability information of the UE supported by a first release of a target base station, wherein the first capability information includes capability information of the UE supported by a second release, subsequent to a first release of the first release information, and second capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the second capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information, the second release information and the third release information, in order to take advantage of new features offered by the second release and third release in the secondary cell.
Regarding claim 20, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 16.
Gholmieh fails to disclose wherein the at least one processor is further configured to: receive third capability information from the terminal device, wherein the third capability information is determined based on the first release information and third release information of a first network device.
However, Bae teaches wherein the at least one processor is further configured to: receive third capability information from the terminal device, wherein the third capability information is determined based on the first release information and third release information of a first network device (Col 11, lines 55-67 & col 12, lines 1-2 disclose a UE receiving an indication of portions of capabilities to be reported between release N through release N+m. Thus, the UE may obtain an indication of capabilities for release N (first release information), capabilities for release N+1 (second release information) and for release N+2 (third release information). Col 6, lines 66-67 & col 7, lines 1-2 disclose that a release N+2 UE (i.e. third release supported by the terminal device) may transmit release N+2 signaling (i.e. third release information) together with release N signaling (i.e. first release information). Col 7, lines 3-24 disclose sending feature groups (i.e. capability information) corresponding to restrictions in release N+2 (i.e. third release information.). Thus, the UE would determine third capability information based on feature group restrictions of release N (i.e. first release information) and N+2 (i.e. third release information.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 16, as disclosed by Gholmieh in view of Bae and Hsu, wherein the at least one processor is further configured to: receive third capability information from the terminal device, wherein the third capability information is determined based on the first release information and third release information of a first network device, as taught by Bae. The motivation to do so would have been to have a communication apparatus such as a source base station receive, from a UE, a report with first capability information of the UE supported by a first release of a target base station, and third capability information of the UE supported by a third release that is related to a secondary station so that the source base station can send the first capability information and the third capability information to the target base station which, after handover, can setup a secondary base station using Dual Connectivity (DC) that is based on the first release information and the third release information, in order to take advantage of new features offered by the third release in the secondary cell.
Regarding claim 21, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 12.
Gholmieh discloses wherein the first message is a neighbor measurement configuration message, the neighbor measurement configuration message carries the first release information, and the neighbor measurement configuration message comes from the first network device (Fig 12 & [0115] disclose, in step 2, a message from 4G eNB (i.e. the first network device) through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device). [0116] discloses that the UE may be configured for 5G measurement. Thus, the message from 4G eNB that includes the bands & network capabilities (i.e. first release information) may be a measurement configuration message for the neighboring 5G NB.); or
the first message is a first system broadcast message, the first system broadcast message carries the first release information, and the first system broadcast message comes from the second network device (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message (i.e. a first system broadcast message) through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device), and step 4 shows that the broadcast message comes from the 5G NB (i.e. the second network device).); or
the first message is a second system broadcast message, the second system broadcast message carries release information supported by the second network device, the second system broadcast message comes from the second network device, and the first protocol release of the communication standard is one of multiple releases supported by the second network device (Fig 12 & [0115] disclose, in step 2, a first broadcast message from 4G eNB, and in step 5, a UE receiving a second broadcast message through which the UE obtains bands & network capabilities supported by 5G NB (i.e. first protocol release of the NR communication standard supported by the second network device), and step 4 shows that the broadcast message comes from the 5G NB (i.e. the second network device) containing interesting Bands & NW capabilities for one of the multiple NR releases supported by the 5G NB.).
Regarding claim 22, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 11.
Gholmieh discloses wherein the at least one processor is further configured to: send a neighbor cell measurement result to the first network device, wherein the neighbor cell measurement result comprises the first release information (Fig 12 & [0115] disclose the UE sending 5G measurement results for neighboring cell 5G NB to the 4G eNB (i.e. the first network device), wherein the measurement results comprise measurements based on the 5G NB bands and NW capabilities (i.e. the first release information).
Regarding claim 23, Gholmieh in view of Bae and Hsu disclose the communication apparatus according to claim 17.
Gholmieh discloses wherein the first message is a neighbor measurement configuration message, the neighbor measurement configuration message carries the first release information, and the neighbor measurement configuration message comes from a first network device (Fig 12 & [0115] disclose, in step 2, a message from 4G eNB (i.e. the first network device) through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device). [0116] discloses that the UE may be configured for 5G measurement. Thus, the message from 4G eNB that includes the bands & network capabilities (i.e. first release information) may be a measurement configuration message for the neighboring 5G NB.); or
the first message is a first system broadcast message, the first system broadcast message carries the first release information, and the first system broadcast message comes from the second network device (Fig 12 & [0115] disclose, in step 5, a UE receiving a broadcast message (i.e. a first system broadcast message) through which the UE obtains bands & network capabilities (i.e. first release information) of a 5G NB (i.e. second network device), and step 4 shows that the broadcast message comes from the 5G NB (i.e. the second network device).); or
the first message is a second system broadcast message, the second system broadcast message carries release information supported by the second network device, the second system broadcast message comes from the second network device, and the first protocol release of the communication standard is one of multiple releases supported by the second network device (Fig 12 & [0115] disclose, in step 2, a first broadcast message from 4G eNB, and in step 5, a UE receiving a second broadcast message through which the UE obtains bands & network capabilities supported by 5G NB (i.e. first protocol release of the NR communication standard supported by the second network device), and step 4 shows that the broadcast message comes from the 5G NB (i.e. the second network device) containing interesting Bands & NW capabilities for one of the multiple NR releases supported by the 5G NB.).
Regarding claim 24, Gholmieh in view of Bae and Hsu discloses the communication apparatus according to claim 16.
wherein the at least one processor is further configured to: receive a neighbor cell measurement result from the terminal device, wherein the neighbor cell measurement result comprises the first release information (Fig 12 & [0115] disclose 4G eNB receiving the 5G measurement results for neighboring cell 5G NB from the UE, wherein the measurement results comprise measurements based on the 5G NB bands and NW capabilities (i.e. the first release information).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yiu et al. (US 2021/0367741) discloses Methods and Arrangements for Measurement Gap Configurations.
Rahman et al. (US 10470230) discloses Determination of UE Band and Synchronization Capability in Dual Connectivity.
Henttonen et al. (US 10405175) discloses Capability Signaling for Dual Connectivity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES P SEYMOUR whose telephone number is (571)272-7654. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached at 571-270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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