DETAILED ACTION
This office action is in response to the application filed on 1/26/2024 in which claims 1-23 are pending.
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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 22 and 23 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claims 22 and 23 may contain products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations;
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 11, 13-15, 17, 18, and 20-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DaSilva et al. (WO2022240334A1); as cited in the IDS filed on 7/23/2024.
As to claims 1 and 22, DaSilva teaches a master node apparatus comprising at least one processor, and at least one memory including computer program code, wherein the at least one memory and the computer program code are configured, with the at least one processor, to cause the master node apparatus to: (Fig. 7 shows a network node with a processor and memory as described on page 51 line 16)
connect with a user equipment that is in dual connectivity with the master node apparatus and a secondary node, wherein the secondary node comprises a primary secondary cell; (Fig. 2 shows a UE is in DC with a MN and a S-SN pg. 8 lines 19-26 Other embodiments of the techniques described herein include a method at a network node operating as Master Node for a UE in Multi-Radio Dual Connectivity (MR-DC))
generate a configuration for the user equipment, the configuration for causing the user equipment to associate a special cell with the primary secondary cell of the secondary node; and (pg. 8 lines 19-26 the method comprising transmitting to the UE a message including a CPC configuration comprising i) a target candidate configuration (per target candidate); ii) an execution condition associated to a measurement event (e.g., Conditional A3, Conditional A5), per target candidate, and including information enabling the UE to determine that the measurement event is based on at least one measurement type (e.g., RSRP) of the SpCell of the Second Cell Group. Fig. 2 step 4a, RRCReconfiguration)
receive a cell reconfiguration complete message from the user equipment. (Fig. 2 step 5, RRCReconfigurationComplete)
As to claim 2, DaSilva teaches the master node apparatus of claim 1, being further configured to generate a cell change execution condition for a target primary secondary cell. (pg. 8 lines 19-26 the method comprising transmitting to the UE a message including a CPC configuration comprising i) a target candidate configuration (per target candidate); ii) an execution condition associated to a measurement event (e.g., Conditional A3, Conditional A5), per target candidate, and including information enabling the UE to determine that the measurement event is based on at least one measurement type (e.g., RSRP) of the SpCell of the Second Cell Group. Fig. 2 step 4a, RRCReconfiguration
As to claim 3, DaSilva teaches the master node apparatus of claim 1, being further configured to transmit a first addition request to a target secondary node, the first addition request for requesting the target secondary node to add the configuration for the user equipment and the cell change execution condition to a first reconfiguration message. (Fig, 2 steps 3-4 and pg. 39 lines 20-30 As shown at step 3, the MN sends an SN Addition Request (for CPC) to the SN.)
As to claim 4, DaSilva teaches the master node apparatus of claim 3, being further configured to receive the first reconfiguration message from the target secondary node, wherein the configuration for the user equipment and the cell change execution condition are embedded in the first reconfiguration message. (Fig, 2 steps 3-4 and pg. 39 lines 20-30 As shown at step 3, the MN sends an SN Addition Request (for CPC) to the SN. In response, as shown at step 4, the MN receives an SN Addition Request Acknowledgment, including target candidates configurations; - MN generates the CPC configuration, including per target candidate the new execution condition (condExecutionCond2-r17) for indicating to the UE that mesaId(s) refer to the SCG MeasConfig; o That includes additional steps of the MN requesting CPC to target candidate nodes (SN Addition Request from MN to SN candidate(s)), and receiving in the SN Addition Request Ack the target candidate configuration(s), to also be included in the CPC configuration per target candidate.)
As to claim 11, DaSilva teaches the master node apparatus of claim 1, being further configured to receive a first reconfiguration message from the secondary node, wherein the first reconfiguration message from the secondary node comprises information of target primary secondary cells prepared with a cell change execution condition and the configuration for the user equipment. (Fig, 2 steps 3-4 and pg. 39 lines 20-30 As shown at step 2, the MN receives from the SN the SCG MeasConfig (e.g., in an SCG RRC Reconfiguration), including the CPC related measConfig i.e., the configuration of the MeasId(S) and associations to reportConfig and measObject;)
As to claim 13, DaSilva teaches the master node apparatus of claim 1, being further configured to configure a cell change execution condition for a target primary secondary cell with an information element associated with secondary nodes. (pg. 38 lines 1-30 In a network-based solution, the UE relies on a new configuration for the execution condition (e.g., field, parameter, IE) that indicates that the UE shall consider that the associated measurement identities (one or two MeasId(s)) as being configured in the SCG MeasConfig. This new configuration for the execution condition is primarily defined for SN-initiated CPC wherein the SN is responsible for setting execution conditions with MeasId(s) referred in the SCG MeasConfig, however, according to the method, the existence of such a new configuration for the execution condition is exploited by the MN to configured MN-initiated CPC. An example of the signaling to be transmitted to the UE is shown.)
As to claim 14, DaSilva teaches the master node apparatus of claim 13, being further configured to embed the information element and the configuration for the user equipment in a first reconfiguration message received from a target secondary node. (Fig, 2 steps 3-4 and pg. 39 lines 20-30 As shown at step 3, the MN sends an SN Addition Request (for CPC) to the SN. In response, as shown at step 4, the MN receives an SN Addition Request Acknowledgment, including target candidates configurations; - MN generates the CPC configuration, including per target candidate the new execution condition (condExecutionCond2-r17) for indicating to the UE that mesaId(s) refer to the SCG MeasConfig; o That includes additional steps of the MN requesting CPC to target candidate nodes (SN Addition Request from MN to SN candidate(s)), and receiving in the SN Addition Request Ack the target candidate configuration(s), to also be included in the CPC configuration per target candidate.)
As to claim 15, DaSilva teaches the master node apparatus of claim 14, wherein the first reconfiguration message from the target secondary node maps a measurement identification of the information element to a measurement object in the configuration for the user equipment. (Fig, 2 steps 3-4 and pg. 39 lines 20-30 As shown at step 2, the MN receives from the SN the SCG MeasConfig (e.g., in an SCG RRC Reconfiguration), including the CPC related measConfig i.e., the configuration of the MeasId(S) and associations to reportConfig and measObject;)
As to claim 17, DaSilva teaches the master node apparatus of claim 1, wherein the special cell is defined in a cell change execution condition for a target primary secondary cell.
(Fig, 2 steps 3-4 and pg. 39 lines 20-30 As shown at step 2, the MN receives from the SN the SCG MeasConfig (e.g., in an SCG RRC Reconfiguration), including the CPC related measConfig i.e., the configuration of the MeasId(S) and associations to reportConfig and measObject; pg. 40 line 30 – pg. 41 line7 In some embodiments, the determining shown at block 320 is based on an explicit indication included in a measurement configuration (MeasConfig) received as part of a Master Cell Group (MCG) measurement configuration. This explicit indication may indicate that all events in the MCG measurement configuration referring to the SpCell that are for conditional reconfiguration apply to the SPCell of the SCG, for example. Alternatively, this explicit indication may indicate that conditional events A3 and/or A5 in the MCG measurement configuration apply to the SPCell of the SCG. )
As to claim 18, DaSilva teaches the master node apparatus of claim 17, wherein the cell change execution condition comprises an A3 event condition or an A5 event condition. (Fig, 2 steps 3-4 and pg. 39 lines 20-30 As shown at step 2, the MN receives from the SN the SCG MeasConfig (e.g., in an SCG RRC Reconfiguration), including the CPC related measConfig i.e., the configuration of the MeasId(S) and associations to reportConfig and measObject; pg. 40 line 30 – pg. 41 line7 In some embodiments, the determining shown at block 320 is based on an explicit indication included in a measurement configuration (MeasConfig) received as part of a Master Cell Group (MCG) measurement configuration. This explicit indication may indicate that all events in the MCG measurement configuration referring to the SpCell that are for conditional reconfiguration apply to the SPCell of the SCG, for example. Alternatively, this explicit indication may indicate that conditional events A3 and/or A5 in the MCG measurement configuration apply to the SPCell of the SCG. )
As to claims 20 and 23, DaSilva teaches an apparatus comprising at least one processor, and at least one memory including computer program code, wherein the at least one memory and the computer program code are configured, with the at least one processor, to cause the apparatus to: (Fig. shows a UE 600 with a memory and processor as described on pg. 46 line 23.)
connect to a master node and a secondary node in a dual connectivity network, wherein the secondary node comprises a primary secondary cell; (Fig. 2 shows a UE is in DC with a MN and a S-SN pg. 8 lines 19-26 Other embodiments of the techniques described herein include a method at a network node operating as Master Node for a UE in Multi-Radio Dual Connectivity (MR-DC))
receive, from the master node, a configuration for causing the apparatus to associate a special cell with the primary secondary cell of the secondary node; (pg. 8 lines 19-26 the method comprising transmitting to the UE a message including a CPC configuration comprising i) a target candidate configuration (per target candidate); ii) an execution condition associated to a measurement event (e.g., Conditional A3, Conditional A5), per target candidate, and including information enabling the UE to determine that the measurement event is based on at least one measurement type (e.g., RSRP) of the SpCell of the Second Cell Group. Fig. 2 step 4a, RRCReconfiguration)
monitor a target primary secondary cell for a condition; and when the condition has been met, report to the master node. (pg. 7 line 24- pg. 8 line 3 Thus, some embodiments of the techniques described herein include a method performed by a user equipment (UE) for conditional reconfiguration, where the method comprises receiving, from a network node, a message including a conditional PSCell change configuration, the message including, for at least one target candidate, a target candidate configuration and an execution condition associated to a measurement event. This example method further comprises determining that the measurement event is based on a measurement of an SpCell of an SCG, for the user equipment, and performing measurements on the SpCell of the SCG. This example method further comprises evaluating the execution condition, based on the measurements of the SpCell of the SCG, to determine whether to perform reconfiguration according to the target candidate configuration. Pg. 8 lines 16-18 This method may further comprise, upon fulfillment of the execution condition(s), applying the target candidate configuration, executing CPC, and transmitting an RRC Reconfiguration Complete to the network.)
As to claim 21, DaSilva teaches the apparatus according to claim 20, wherein the reporting to the master node comprises reporting one or more measurements; reporting execution of a cell change by the apparatus. (. Pg. 8 lines 16-18 This method may further comprise, upon fulfillment of the execution condition(s), applying the target candidate configuration, executing CPC, and transmitting an RRC Reconfiguration Complete to the network.)
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.
Claim(s) 5-9, 12, 16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DaSilva in view of "3rd Generation Partnership Project; Technical Specification Group Radio Access Network; Evolved Universal Terrestrial Radio Access (E-UTRA) and NR; Multi-connectivity; Stage 2 (Release 17)", 3GPP TS 37.340, V17.3.0, December 2022, pp. 1-118; (NPL); as cited in the IDS filed on 1/26/2024; hereinafter; “3GPP.”
As to claim 5, DaSilva teaches the master node apparatus of claim 3,
But does not specifically teach:
being further configured to transmit a second reconfiguration message to the user equipment, wherein the first reconfiguration message is embedded in the second reconfiguration message.
However 3gpp teaches being further configured to transmit a second reconfiguration message to the user equipment, wherein the first reconfiguration message is embedded in the second reconfiguration message. (Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step shows a reconfiguration message with a MN RRCConnectionReconfiguration containing T-SN RRCConnectionReconfiguration being sent to the UE.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
As to claim 6, DaSilva teaches the master node apparatus of claim 1,
But does not specifically teach:
being further configured to determine a list of target primary secondary cells for cell change.
However 3GPP teaches being further configured to determine a list of target primary secondary cells for cell change. (Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step 1. The source SN initiates the conditional SN change procedure by sending SgNB Change Required message which contains a CPC initiation indication. The message also contains candidate SN ID(s) information.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
As to claim 7, DaSilva in view of 3GPP teaches the master node apparatus of claim 6, being further configured to transmit a secondary node addition request to the secondary node, wherein the secondary node addition request comprises: a preparation request; the list of target primary secondary cells; the configuration for the user equipment; and measurements of primary secondary cells and target primary secondary cells. (3GPP (Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step 2/3The MN requests each candidate SN to allocate resources for the UE by means of the SgNB Addition 2/3. procedure(s), indicating the request is for CPAC, and the measurements results related to the candidate SN and indicating a list of proposed PSCell candidates received from the source SN, but not including execution conditions. Within the list of PSCells suggested by the source SN, the candidate SN decides the list of PSCell(s) to prepare (considering the maximum number indicated by the MN) and, for each prepared PSCell, the candidate SN decides SCG SCells and provides the new corresponding SCG radio resource configuration to the MN in an NR RRCReconfiguration ** message contained in the SgNB Addition Request Acknowledge message. If data forwarding is needed, the candidate SN provides data forwarding addresses to the MN. The candidate SN includes the indication of full or delta RRC configuration, and the list of prepared PSCell IDs to the MN. The candidate SN can either accept or reject each of the candidate cells suggested by the source SN, i.e. it cannot configure any alternative candidates.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
As to claim 8, DaSilva in view of 3GPP teaches the master node apparatus of claim 7, the preparation request being configured to request the secondary node to prepare the list of target primary secondary cells with a cell change execution condition. (3GPP Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step 6. The MN sends to the UE an RRCConnectionReconfiguration message including the CPC configuration, i.e. a list of RRCConnectionReconfiguration" messages and associated execution conditions, in which each RRCConnectionReconfiguration* message contains the SCG configuration in the RRCReconfiguration** message received from the candidate SN in step 3 and possibly an MCG configuration. Besides, the RRCConnectionReconfiguration message can also include an updated MCG configuration, as well as the NR RRCReconfiguration*** message generated by the source SN, e.g., to configure the required conditional measurements.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
As to claim 9, DaSilva in view of 3GPP teaches the master node apparatus of claim 6, being further configured to determine a cell change execution condition for the list of target primary secondary cells. (3GPP Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step 1. The source SN initiates the conditional SN change procedure by sending SgNB Change Required message which contains a CPC initiation indication. The message also contains candidate SN ID(s) information and may include the SCG configuration (to support delta configuration), and contains the measurement results related to the candidate SN(s). The message also includes a list of proposed PSCell candidates recommended by the source SN, including execution conditions, the upper limit for the number of PSCells that can be prepared by each candidate SN, and may also include the SCG measurement configurations for CPC (e.g. measurement ID(s) to be used for CPC).)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
As to claim 12, DaSIlva teaches the master node apparatus of claim 11,
But does not specifically teach:
being further configured to transmit a second reconfiguration message to the user equipment, wherein the first reconfiguration message from the secondary node is embedded in the second reconfiguration message.
However 3GPP teaches being further configured to transmit a second reconfiguration message to the user equipment, wherein the first reconfiguration message from the secondary node is embedded in the second reconfiguration message. (Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step shows a reconfiguration message with a MN RRCConnectionReconfiguration containing T-SN RRCConnectionReconfiguration and may contain S-SN RRCconnectionReconfiguration being sent to the UE.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
As to claim 16, DaSilva teaches the master node apparatus of claim 14,
But does not specifically teach:
being further configured to transmit a second reconfiguration message to the user equipment, wherein the first reconfiguration message is embedded in the second reconfiguration message.
However 3GPP teaches being further configured to transmit a second reconfiguration message to the user equipment, wherein the first reconfiguration message is embedded in the second reconfiguration message. (Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step shows a reconfiguration message with a MN RRCConnectionReconfiguration containing T-SN RRCConnectionReconfiguration and may contain S-SN RRCconnectionReconfiguration being sent to the UE.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
As to claim 19, DaSilva teaches the master node apparatus of claim 3,
But does not specifically teach:
wherein the first reconfiguration message comprises a secondary node reconfiguration message.
However 3gpp teaches wherein the first reconfiguration message comprises a secondary node reconfiguration message.
(Fig. 10.5.1-4: Conditional SN Change-SN initiated steps 1-3, and 6 and pg. 61-62 step shows a reconfiguration message with a MN RRCConnectionReconfiguration containing T-SN RRCConnectionReconfiguration being sent to the UE.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva with the method steps of 3GPP in order to perform a SN initiated conditional SN change.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over DaSilva in view of 3GPP as applied to claim 9 above, and further in view of Purkayastha et al. (US20220116840A1).
As to claim 10, DaSilva in view of 3GPP teaches the master node apparatus of claim 9, But does not specifically teach:
being further configured to transmit the determined cell change execution condition to a secondary node.
However Purkayastha teaches being further configured to transmit the determined cell change execution condition to a secondary node. ([0125] The disclosure also relates in some aspects to an SN-initiated conditional PSCell change (CPC) where the MN may include the CPC execution conditions for the target PSCells in the SN Addition Request sent to a target SN.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the CPC procedure of DaSilva in view of 3GPP with the CPC method steps of Purkayastha in order to perform a SN-initiated conditional PSCell change.
Conclusion
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/Elton Williams/Examiner, Art Unit 2465