DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claim 2 is objected to because of the following informalities: line 1 reads “A method of maintaining radio connectivity and 5G service of user” rather than “A method of maintaining radio connectivity and 5G service of a user”, and the acronyms “RSRP”, “RSRQ”, and “ENDC” are not defined in claim 2. Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The terms “state of "handover ongoing"”, “state of "UE connected 4G"”, and “state of "UE waiting for ENDC connection”” in claims 2-3 are indefinite because the specification does not clearly define these terms.
5. Claims 3 and 4 each depend on canceled claim 1, and therefore lack antecedent basis. Each of these claims is interpreted as depending on claim 2.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. 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.
9. 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.
10. Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Pujari et al., U.S. Patent Application Publication 2022/0408290 (hereinafter Pujari), in view of Mukherjee et al., WO 2015065352 A1 (hereinafter Mukherjee), further in view of Ohlsson et al., U.S. Patent Application Publication 2021/0153022 (hereinafter Ohlsson), further in view of Palle Venkata et al., U.S. Patent Application Publication 2025/0274741 (hereinafter Palle Venkata).
Regarding claim 2, Pujari discloses a method of maintaining radio connectivity and 5G service of user equipment (UE) during transfer from a 4G base station (source eNodeB) to a target base station (target eNodeB) connected to a 5G base station (gNodeB) in a dual connectivity architecture (disclosed is a method of performing handover of a UE that is in a state of Multi-Radio-Dual Connectivity with an LTE [“4G”] base station and an NR [“5G”] base station, according to [0024], [0059], Figs. 5 and 7), the method comprising:
measuring signal quality of source eNodeB neighbors and selecting a target eNodeB for handover, wherein the UE, in a state of "UE CONNECTED" with the source eNodeB, receives from the source eNodeB a list of frequencies for which the UE measures RSRP/RSRQ to determine whether handover procedures are to occur (the UE receives, from the first of the two base stations that said UE is connected to [“source eNodeB”], a measurement configuration message that comprises a list of neighbor cell [“source eNodeB neighbors”] frequency bands that are to be measured by said UE in order to facilitate handover of said UE, and in response, the UE measures the frequency bands indicated in the measurement configuration message, according to [0065]-[0067], [0113], Fig. 7 [steps 718, 720, and 722], whereby the frequency band measurements include measurements of RSRP values, according to [0079]);
storing, by the source eNodeB, information of adjacent 4G neighbor stations including operating frequency and PhyCellID (the first of the two base stations that said UE is connected to informs the UE of E-UTRA frequency bands to be measured (and therefore stores this information), according to [0065]-[0066], whereby physical cell identifiers (PCIs) are conveyed to the UE, according to [0039]);
transmitting, by the source eNodeB, a measurement request to the UE, the request including threshold levels, station frequency information, and an activated cycle (the first of the two base stations that said UE is connected to transmits, to the UE, a measurement configuration message that prompts said UE to perform measurements on specified frequency bands, according to Fig. 7 [step 718], whereby the UE is configured with an associated threshold for each supported frequency band, according to [0034], whereby the base station schedules information reporting for the UE, according to [0042]);
performing, by the UE, measurement, calculating RSRP, and transmitting a report {RSRP, PhyCellID} in an uplink message (the UE performs measurements to determine RSRP and sends a UE measurement report to the base station, according to [0079], [0083], Fig. 7 [steps 722, 728, and 730]).
Pujari does not expressly disclose selecting, by the source eNodeB, the target eNodeB having a highest RSRP; activating, by the source eNodeB, a handover procedure for the UE to the target eNodeB, including configuring the UE at the target eNodeB and releasing the UE from the source eNodeB, such that the UE connects to the target eNodeB in a state of "handover ongoing"; determining, by the target eNodeB, whether ENDC is supported, wherein if not supported the UE enters a state of "UE connected 4G," and if supported the UE enters a state of "UE waiting for ENDC connection”; requesting, by the target eNodeB, 5G support information of the UE by transmitting a "UE Capability Enquiry" message; responding, by the UE, with a "UE Capability Information Indication" message; determining, by the target eNodeB, whether the UE supports 5G technology, wherein if not supported the handover ends with the UE in the state of "UE connected 4G," and if supported the UE enters the state of "UE waiting for ENDC connection”; generating, by the target eNodeB, a list of neighbor 5G stations with active X2 connections, the list of neighbor 5G stations with active X2 connections including NRCellIdentity, NRFreqBand, and NRArfcn, and transmitting to the UE a request to measure signal quality of 5G stations in the list of neighbor 5G stations; performing, by the UE, measurement of 5G frequencies, calculating RSRP, and transmitting a report {NRPhyCell, NRRsrp} when RSRP exceeds a threshold; selecting, by the target eNodeB, a best 5G station and moving the UE to the state "UE is handover ENDC"; and conducting, by the target eNodeB, an sgnb addition procedure with the target gNodeB according to 3GPP standards, wherein if the procedure is successful the UE enters the state "UE connected ENDC" exchanging control signals via the target eNodeB and 5G data via the target gNodeB, and if unsuccessful the UE enters the state "UE connected 4G" exchanging all signals and data via the target eNodeB.
Mukherjee discloses selecting, by the source eNodeB, the target eNodeB having a highest RSRP (a source cell chooses, based on a measurement report received from a UE, a target cell having the highest RSRP as the new mobility anchor for said UE, according to [0015]-[0016]);
activating, by the source eNodeB, a handover procedure for the UE to the target eNodeB, including configuring the UE at the target eNodeB and releasing the UE from the source eNodeB, such that the UE connects to the target eNodeB in a state of "handover ongoing" (the source cell sends a handover preparation command to the UE and starts data forwarding to the target cell, according to [0015]);
determining, by the target eNodeB, whether ENDC is supported, wherein if not supported the UE enters a state of "UE connected 4G," and if supported the UE enters a state of "UE waiting for ENDC connection” (the UE participates in intra-E-UTRAN dual connectivity (e.g., EN-DC) mobility (the UE necessarily is in a transitional state between a time when the UE isn’t engaged in EN-DC and when the UE begins EN-DC), according to [0011], [0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pujari with Mukherjee by selecting, by the source eNodeB, the target eNodeB having a highest RSRP; activating, by the source eNodeB, a handover procedure for the UE to the target eNodeB, including configuring the UE at the target eNodeB and releasing the UE from the source eNodeB, such that the UE connects to the target eNodeB in a state of "handover ongoing"; determining, by the target eNodeB, whether ENDC is supported, wherein if not supported the UE enters a state of "UE connected 4G," and if supported the UE enters a state of "UE waiting for ENDC connection”.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate mobility management for small cells (Mukherjee: [0001]-[0003]).
Neither Pujari nor Mukherjee expressly discloses requesting, by the target eNodeB, 5G support information of the UE by transmitting a "UE Capability Enquiry" message; responding, by the UE, with a "UE Capability Information Indication" message; determining, by the target eNodeB, whether the UE supports 5G technology, wherein if not supported the handover ends with the UE in the state of "UE connected 4G," and if supported the UE enters the state of "UE waiting for ENDC connection”; generating, by the target eNodeB, a list of neighbor 5G stations with active X2 connections, the list of neighbor 5G stations with active X2 connections including NRCellIdentity, NRFreqBand, and NRArfcn, and transmitting to the UE a request to measure signal quality of 5G stations in the list of neighbor 5G stations; performing, by the UE, measurement of 5G frequencies, calculating RSRP, and transmitting a report {NRPhyCell, NRRsrp} when RSRP exceeds a threshold; selecting, by the target eNodeB, a best 5G station and moving the UE to the state "UE is handover ENDC"; and conducting, by the target eNodeB, an sgnb addition procedure with the target gNodeB according to 3GPP standards, wherein if the procedure is successful the UE enters the state "UE connected ENDC" exchanging control signals via the target eNodeB and 5G data via the target gNodeB, and if unsuccessful the UE enters the state "UE connected 4G" exchanging all signals and data via the target eNodeB.
Ohlsson discloses requesting, by the target eNodeB, 5G support information of the UE by transmitting a "UE Capability Enquiry" message (in a New Radio [“5G”] network, a target gNB requests UE capabilities by sending a UE capability enquiry message to a UE, according to [0205]-[0206], Fig. 24 [step 6]);
responding, by the UE, with a "UE Capability Information Indication" message (the UE sends its capabilities to the target gNB in a UE capability information message, according to [0206], Fig. 24 [step 7]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pujari as modified by Mukherjee with Ohlsson by requesting, by the target eNodeB, 5G support information of the UE by transmitting a "UE Capability Enquiry" message; responding, by the UE, with a "UE Capability Information Indication" message.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the integrity and confidentiality of radio access capability information (Ohlsson: [0005]-[0008], [0205]-[0206]).
Neither Pujari, Mukherjee, nor Ohlsson expressly discloses determining, by the target eNodeB, whether the UE supports 5G technology, wherein if not supported the handover ends with the UE in the state of “UE connected 4G,” and if supported the UE enters the state of "UE waiting for ENDC connection”; generating, by the target eNodeB, a list of neighbor 5G stations with active X2 connections, the list of neighbor 5G stations with active X2 connections including NRCellIdentity, NRFreqBand, and NRArfcn, and transmitting to the UE a request to measure signal quality of 5G stations in the list of neighbor 5G stations; performing, by the UE, measurement of 5G frequencies, calculating RSRP, and transmitting a report {NRPhyCell, NRRsrp} when RSRP exceeds a threshold; selecting, by the target eNodeB, a best 5G station and moving the UE to the state "UE is handover ENDC"; and conducting, by the target eNodeB, an sgnb addition procedure with the target gNodeB according to 3GPP standards, wherein if the procedure is successful the UE enters the state "UE connected ENDC" exchanging control signals via the target eNodeB and 5G data via the target gNodeB, and if unsuccessful the UE enters the state "UE connected 4G" exchanging all signals and data via the target eNodeB.
Palle Venkata discloses determining, by the target eNodeB, whether the UE supports 5G technology, wherein if not supported the handover ends with the UE in the state of “UE connected 4G,” and if supported the UE enters the state of "UE waiting for ENDC connection”; generating, by the target eNodeB, a list of neighbor 5G stations with active X2 connections, the list of neighbor 5G stations with active X2 connections including NRCellIdentity, NRFreqBand, and NRArfcn, and transmitting to the UE a request to measure signal quality of 5G stations in the list of neighbor 5G stations; performing, by the UE, measurement of 5G frequencies, calculating RSRP, and transmitting a report {NRPhyCell, NRRsrp} when RSRP exceeds a threshold; selecting, by the target eNodeB, a best 5G station and moving the UE to the state "UE is handover ENDC"; and conducting, by the target eNodeB, an sgnb addition procedure with the target gNodeB according to 3GPP standards, wherein if the procedure is successful the UE enters the state "UE connected ENDC" exchanging control signals via the target eNodeB and 5G data via the target gNodeB, and if unsuccessful the UE enters the state "UE connected 4G" exchanging all signals and data via the target eNodeB (a target base station determines that a legacy UE is not capable of receiving service from said target base station on the basis of supported NR bands, and that the handover of that UE therefore cannot be performed [“if not supported the handover ends with the UE in the state of “UE connected 4G,”” – the remainder of the claim 2 features correspond to the alternative “if supported”], according to [0059]-[0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pujari as modified by Mukherjee as modified by Ohlsson with Palle Venkata by determining, by the target eNodeB, whether the UE supports 5G technology, wherein if not supported the handover ends with the UE in the state of “UE connected 4G,” and if supported the UE enters the state of "UE waiting for ENDC connection”; generating, by the target eNodeB, a list of neighbor 5G stations with active X2 connections, the list of neighbor 5G stations with active X2 connections including NRCellIdentity, NRFreqBand, and NRArfcn, and transmitting to the UE a request to measure signal quality of 5G stations in the list of neighbor 5G stations; performing, by the UE, measurement of 5G frequencies, calculating RSRP, and transmitting a report {NRPhyCell, NRRsrp} when RSRP exceeds a threshold; selecting, by the target eNodeB, a best 5G station and moving the UE to the state "UE is handover ENDC"; and conducting, by the target eNodeB, an sgnb addition procedure with the target gNodeB according to 3GPP standards, wherein if the procedure is successful the UE enters the state "UE connected ENDC" exchanging control signals via the target eNodeB and 5G data via the target gNodeB, and if unsuccessful the UE enters the state "UE connected 4G" exchanging all signals and data via the target eNodeB.
One of ordinary skill in the art would have been motivated to make this modification in order to avoid unnecessary signaling between a source and target base station (Palle Venkata: [0059])
Regarding claim 3, the combination of Pujari, Mukherjee, Ohlsson, and Palle Venkata discloses all the limitations of claim 2.
Neither Pujari, Ohlsson, nor Palle Venkata expressly discloses that the UE transitions through an intermediate state of "handover ongoing" before entering the state of "UE waiting for ENDC connection," thereby reducing service interruption compared to a direct transition to the state of "UE connected 4G."
Mukherjee discloses that the UE transitions through an intermediate state of "handover ongoing" before entering the state of "UE waiting for ENDC connection," thereby reducing service interruption compared to a direct transition to the state of "UE connected 4G." (the UE receives a handover preparation command in order to prepare the UE to undergo a handover to a target cell, according to [0015], whereby the handover may be an intra-E-UTRAN handover, according to [0011]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pujari as modified by Mukherjee as modified by Ohlsson as modified by Palle Venkata with Mukherjee such that the UE transitions through an intermediate state of "handover ongoing" before entering the state of "UE waiting for ENDC connection," thereby reducing service interruption compared to a direct transition to the state of "UE connected 4G."
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate mobility management for small cells (Mukherjee: [0001]-[0003]).
Regarding claim 4, the combination of Pujari, Mukherjee, Ohlsson, and Palle Venkata discloses all the limitations of claim 2.
Neither Pujari, Ohlsson, nor Palle Venkata expressly discloses selecting the gNodeB is based on a combination of measured RSRP values, corresponding PhyCellID information, and an activated cycle duration, such that the gNodeB providing both the strongest signal quality and consistent stability over the cycle duration is selected for establishing the ENDC connection.
Mukherjee discloses selecting the gNodeB is based on a combination of measured RSRP values, corresponding PhyCellID information, and an activated cycle duration, such that the gNodeB providing both the strongest signal quality and consistent stability over the cycle duration is selected for establishing the ENDC connection (the source cell chooses the target cell based on the measurement report data taken by a UE, which includes RSRP values (because the source cell is using the measurement report to choose a target cell, these RSRP values are necessarily associated with respective cell IDs) and channel state information, according to [0015]-[0016], [0050]-[0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pujari as modified by Mukherjee as modified by Ohlsson as modified by Palle Venkata with Mukherjee by selecting the gNodeB is based on a combination of measured RSRP values, corresponding PhyCellID information, and an activated cycle duration, such that the gNodeB providing both the strongest signal quality and consistent stability over the cycle duration is selected for establishing the ENDC connection.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate mobility management for small cells (Mukherjee: [0001]-[0003]).
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W GENACK whose telephone number is (571)272-7541. The examiner can normally be reached Monday through Friday, 9:00 AM to 5:00 PM Eastern Time.
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/MATTHEW W GENACK/Primary Examiner, Art Unit 2645