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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 11, 17 and 20 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.
Claim Rejections - 35 USC § 112
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.
Claim(s) 17 – 20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
For claim 17, the claim recites “where in the second serving cell group is in an inactive state, wherein when the first serving cell group is in an active state, the first information is transmitted through the second serving cell group” is vague and indefinite because it is unknown how the first information is transmitted through the second serving cell group when the second serving cell group is set to an inactive state.
For claim 20, the claim recites “receiving first information through a first serving cell group; wherein the first information indicates a buffer state of a second serving cell group, wherein the first serving cell group is in an inactive state” is vague and indefinite because it is unknown how the first information is received through a first serving cell group when the first serving cell group is set to an inactive state.
Claims 18 and 19 are rejected based on their dependency to a rejected claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 17 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu et al. (US 2022/0116874 A1; hereinafter “Xu”).
For claim 17, Xu teaches receiver configured to receive first information through a first serving cell group (see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG); wherein the first information indicates a buffer state of a first second serving cell group (see paragraph 0003; a Secondary Cell Group (SCG) managed by a Secondary Node (SN) and see paragraph 00040; reporting, by the UE, a BSR of the SN side through an SCell in the activated state in the SCG), wherein the second serving cell group is in an inactive state (see paragraph 0008; a PSCell to enter a dormant state when determining that there is no data transmission on the SCG; see paragraph 0035; the PSCell enter the dormant state; see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG) wherein when the first serving cell group is in an active state, the first information is transmitted through the first second serving cell group (see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG) and wherein the first serving cell group and the second serving cell group are respectively a master cell group (MCG) and a secondary cell group (SCG) (see paragraphs 0039 and 0040; SCG and MCG).
For claim 20, Xu teaches receiving first information through a first serving cell group (see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG); wherein the first information indicates a buffer state of a second serving cell group (see paragraph 0003; a Secondary Cell Group (SCG) managed by a Secondary Node (SN) and see paragraph 00040; reporting, by the UE, a BSR of the SN side through an SCell in the activated state in the SCG), wherein the first serving cell group is in an inactive state (see paragraph 0008; a PSCell to enter a dormant state when determining that there is no data transmission on the SCG; see paragraph 0035; the PSCell enter the dormant state; see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG), wherein, when the second serving cell group is in an active state, the first information is transmitted through the first second serving cell group (see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG), and wherein the first serving cell group and the second serving cell group are respectively a master cell group (MCG) and a secondary cell group (SCG) (see paragraphs 0039 and 0040; SCG and MCG).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Hsu et al. (US 2015/0215945 A1; hereinafter “Hsu”).
For claim 1, Xu teaches wherein the first information indicates a buffer state of a first serving cell group (see paragraph 0003; a Secondary Cell Group (SCG) managed by a Secondary Node (SN) and see paragraph 00040; reporting, by the UE, a BSR of the SN side through an SCell in the activated state in the SCG); and a transmitter configured to, when the first serving cell group is in an active state, transmit the first information through the first serving cell group (see paragraph 0040; reporting, by the UE, a BSR of the SN side through an SCell in the activated state in the SCG); the transmitter further configured to, when the first serving cell group is in an inactive state, transmit the first information through a second serving cell group (see paragraph 0008; a PSCell to enter a dormant state when determining that there is no data transmission on the SCG; see paragraph 0035; the PSCell enter the dormant state; see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG); wherein the first serving cell group and the second serving cell group are respectively a secondary cell group (SCG) and a master cell group (MCG) (see paragraphs 0039 and 0040; SCG and MCG). Xu does not explicitly teach a receiver configured to generate first information. Hsu from the field of communications similar to that of Xu teaches a BSR value module 332 calculates a MCG buffer status value for the first MAC entity and a SCG buffer status value for the second MAC based on an allocation rule and the determined amount of available data for transmission (see paragraph 0030). Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have BSR value module of Hsu generate the BSR of Xu. The motivation for doing this is to provide an efficient system where the information can be used to allocate resources appropriately.
For claim 11, Xu teaches wherein the first information indicates a buffer state of a first serving cell group (see paragraph 0003; a Secondary Cell Group (SCG) managed by a Secondary Node (SN) and see paragraph 00040; reporting, by the UE, a BSR of the SN side through an SCell in the activated state in the SCG); and transmitting, when the first serving cell group is in an active state, the first information through the first serving cell group (see paragraph 0040; reporting, by the UE, a BSR of the SN side through an SCell in the activated state in the SCG); or transmitting when the first serving cell group is in an inactive state, the first information through the second serving cell group (see paragraph 0008; a PSCell to enter a dormant state when determining that there is no data transmission on the SCG; see paragraph 0035; the PSCell enter the dormant state; see paragraph 0039; reporting, by the UE, a Buffer Status Report (BSR) of the SN side through the MCG), wherein the first serving cell group and the second serving cell group are respectively a secondary cell group (SCG) and a master cell group (MCG) (see paragraph 0039 and 0040; SCG and MCG). Xu does not explicitly teach generating first information. Hsu from the field of communications similar to that of Xu teaches a BSR value module 332 calculates a MCG buffer status value for the first MAC entity and a SCG buffer status value for the second MAC based on an allocation rule and the determined amount of available data for transmission (see paragraph 0030). Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have BSR value module of Hsu generate the BSR of Xu. The motivation for doing this is to provide an efficient system where the information can be used to allocate resources appropriately.
Allowable Subject Matter
Claim(s) 2 – 10, 12 – 16, 18 and 19 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY MUI whose telephone number is (571)270-1420. The examiner can normally be reached Mon - Thurs. 9 - 3 EST.
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/GARY MUI/Supervisory Patent Examiner, Art Unit 2465
