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 .
DETAILED ACTION
Status of the Application
DETAILED ACTION
This is in response to the amendment filed 04/20/2026. Claims 1-20 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1 – 20 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 – 20 of copending Application No. 18/425571. Although the conflicting claims are not identical, they are not patentably distinct from each other. For example, Claim 1 of the instant claim include limitations claimed in alternative way and claims 1 and 6 of the application 18/425571 discloses all the limitations of claim 1.
Please see below the table showing the method claims 1-7. Claims 8-20 are the corresponding terminal and chip claims. They are rejected under the same, as being the same invention of claims 8-20 of Co-pending application 18/425571.
Current Application
Application 18/425571
1. A method of shutting down a cell, comprising: receiving, by a terminal device, an indication message sent from a network device, wherein the indication message is configured to indicate that the network device will shut down a first cell, the method further comprising: adjusting, by the terminal device based on the indication message, a conditional handover (CHO) execution condition corresponding to each candidate cell in a CHO candidate-cell list, in response to the terminal device taking the first cell as a primary cell, and the network device configuring a CHO for the terminal device; and performing, by the terminal device, evaluation and triggering the CHO based on the adjusted CHO execution condition; or adjusting, by the terminal device based on the indication message, a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, in response to the terminal device taking the first cell as a primary secondary cell (PSCell) and the network device configuring CPC for the terminal device; and performing, by the terminal device, evaluation and triggering the CPC based on the adjusted CPC execution condition;or deleting, by the terminal device based on the indication message, the first cell from a secondary cell list, in response to the terminal device taking the first cell as a secondary cell (SCell)
1. A method of shutting down a cell, comprising: receiving, by a terminal device, an indication message sent from a network device, wherein the indication message is configured to indicate that the network device will shut down a first cell.
2. The method according to claim 1, wherein the indication message comprises: a frequency point corresponding to the first cell and a physical cell identifier (PCI) of the first cell.
2. The method according to claim 1, wherein the indication message comprises: a frequency point corresponding to the first cell and a physical cell identifier (PCI) of the first cell.
3. The method according to claim 1, wherein, the indication message further comprises: a time point at which the network device shuts down the first cell.
3. The method according to claim 1, wherein, the indication message further comprises: a time point at which the network device shuts down the first cell.
4. The method according to claim 1, wherein, the CHO candidate-cell list comprises a first CHO candidate cell, a CHO execution condition corresponding to the first CHO candidate cell comprises a CHO event A3; and the adjusting a CHO execution condition corresponding to each candidate cell in the CHO candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a3-Offset corresponding to the CHO event A3 to reach a first threshold value, wherein the first threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary cell to reach a first measurement value, wherein the first measurement value is a preset value or a value configured by the network device; or the CHO candidate-cell list comprises a second CHO candidate cell, a CHO execution condition corresponding to the second CHO candidate cell comprises a CHO event A5; and the adjusting a CHO execution condition corresponding to each candidate cell in the CHO candidate-cell list, comprises: increasing, by the terminal device based on the indication message, an a5-Threshold1 of the CHO event A5 to reach a second threshold value, wherein the second threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, the a5-Threshold2 of the CHO eventA5 to reach a third threshold value, wherein the third threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary cell to reach a second measurement value, wherein the second measurement value is a preset value or a value configured by the network device; or the CHO candidate-cell list comprises a second CHO candidate cell, a CHO execution condition corresponding to the second CHO candidate cell comprises a CHO event A5; and the method further comprises: determining, by the terminal device, that channel quality of the primary cell is always below an a5-Threshold1 of the CHO eventA5; or the CHO candidate-cell list comprises a third CHO candidate cell, a CHO execution condition corresponding to the third CHO candidate cell comprises a CHO event A4; and the adjusting a CHO execution condition corresponding to each candidate cell in the CHO candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a4-Threshold of the CHO event A4 to reach a fourth threshold value, wherein the fourth threshold value is a preset value or a value configured by the network device.
4. The method according to claim 1, further comprising: adjusting, by the terminal device based on the indication message, a conditional handover (CHO) execution condition corresponding to each candidate cell in a CHO candidate-cell list, in response to the terminal device taking the first cell as a primary cell and the network device configuring the CHO for the terminal device; performing, by the terminal device, evaluation and triggering the CHO based on the adjusted CHO execution condition; wherein, the CHO candidate-cell list comprises a first CHO candidate cell, a CHO execution condition corresponding to the first CHO candidate cell comprises a CHO event A3; and the adjusting a CHO execution condition corresponding to each candidate cell in the CHO candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a3-Offset corresponding to the CHO event A3 to reach a first threshold value, wherein the first threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary cell to reach a first measurement value, wherein the first measurement value is a preset value or a value configured by the network device; or the CHO candidate-cell list comprises a second CHO candidate cell, a CHO execution condition corresponding to the second CHO candidate cell comprises a CHO event A5; and the adjusting a CHO execution condition corresponding to each candidate cell in the CHO candidate-cell list, comprises: increasing, by the terminal device based on the indication message, an a5-Threshold1 of the CHO event A5 to reach a second threshold value, wherein the second threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, the a5-Threshold2 of the CHO event A5 to reach a third threshold value, wherein the third threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary cell to reach a second measurement value, wherein the second measurement value is a preset value or a value configured by the network device; or the CHO candidate-cell list comprises a second CHO candidate cell, a CHO execution condition corresponding to the second CHO candidate cell comprises a CHO event A5; and the method further comprises: determining, by the terminal device, that channel quality of the primary cell is always below an a5-Threshold1 of the CHO event A5; or the CHO candidate-cell list comprises a third CHO candidate cell, a CHO execution condition corresponding to the third CHO candidate cell comprises a CHO event A4; and the adjusting a CHO execution condition corresponding to each candidate cell in the CHO candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a4-Threshold of the CHO event A4 to reach a fourth threshold value, wherein the fourth threshold value is a preset value or a value configured by the network device.
5. The method according to claim 1; wherein, the CPC candidate-cell list comprises a first CPC candidate cell, a CPC execution condition corresponding to the first CPC candidate cell comprises a CPC event A3; and the adjusting a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a3-Offset corresponding to the CPC event A3 to reach a fifth threshold value, wherein the fifth threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary secondary cell to reach a third measurement value, wherein the third measurement value is a preset value or a value configured by the network device; or wherein, the CPC candidate-cell list comprises a second CPC candidate cell, a CPC execution condition corresponding to the second CPC candidate cell comprises a CPC event A5; and the adjusting a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, comprises: increasing, by the terminal device based on the indication message, an a5-Threshold1 of the CPC event A5 to reach a sixth threshold value, wherein the sixth threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, an a5-Threshold2 of the CPC event A5 to reach a seventh threshold value, wherein the seventh threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary secondary cell to reach a fourth measurement value, wherein the fourth measurement value is a preset value or a value configured by the network device; or wherein the CPC candidate-cell list comprises a second CPC candidate cell, a CPC execution condition corresponding to the second CPC candidate cell comprises a CPC event A5; and the method further comprises: determining, by the terminal device, that a channel quality of the primary secondary cell is always below an a5-Threshold1 of the CPC event A5; or wherein the CPC candidate-cell list comprises a third CPC candidate cell, a CPC execution condition corresponding to the third CPC candidate cell comprises a CPC event A4; and the adjusting a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a4-Threshold of the CPC event A4 to reach an eighth threshold value, wherein the eighth threshold value is a preset value or a value configured by the network device.
5. The method according to claim 1, further comprising: adjusting, by the terminal device based on the indication message, a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, in response to the terminal device taking the first cell as a primary secondary cell (PSCell) and the network device configuring the conditional PSCell change (CPC) for the terminal device; and performing, by the terminal device, evaluation and triggering the CPC based on the adjusted CPC execution condition; wherein, the CPC candidate-cell list comprises a first CPC candidate cell, a CPC execution condition corresponding to the first CPC candidate cell comprises a CPC event A3; and the adjusting a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a3-Offset corresponding to the CPC event A3 to reach a fifth threshold value, wherein the fifth threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary secondary cell to reach a third measurement value, wherein the third measurement value is a preset value or a value configured by the network device; or wherein, the CPC candidate-cell list comprises a second CPC candidate cell, a CPC execution condition corresponding to the second CPC candidate cell comprises a CPC event A5; and the adjusting a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, comprises: increasing, by the terminal device based on the indication message, an a5-Threshold1 of the CPC event A5 to reach a sixth threshold value, wherein the sixth threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, an a5-Threshold2 of the CPC event A5 to reach a seventh threshold value, wherein the seventh threshold value is a preset value or a value configured by the network device; and/or reducing, by the terminal device based on the indication message, a channel quality measurement value of the primary secondary cell to reach a fourth measurement value, wherein the fourth measurement value is a preset value or a value configured by the network device; or wherein the CPC candidate-cell list comprises a second CPC candidate cell, a CPC execution condition corresponding to the second CPC candidate cell comprises a CPC event A5; and the method further comprises: determining, by the terminal device, that a channel quality of the primary secondary cell is always below an a5-Threshold1 of the CPC event A5; or wherein the CPC candidate-cell list comprises a third CPC candidate cell, a CPC execution condition corresponding to the third CPC candidate cell comprises a CPC event A4; and the adjusting a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, comprises: reducing, by the terminal device based on the indication message, an a4-Threshold of the CPC event A4 to reach an eighth threshold value, wherein the eighth threshold value is a preset value or a value configured by the network device.
6. The method according to claim 1; wherein the deleting the first cell from a secondary cell list based on the indication message, comprises: deleting, by the terminal device in response to receiving the indication message sent by the network device, the first cell from the secondary cell list based on the indication message; or deleting, based on the indication message, the first cell from the secondary cell list at the time point when the network device shuts down the first cell.
6. The method according to claim 1, further comprising: deleting, by the terminal device, the first cell from a secondary cell list based on the indication message in response to the terminal device taking the first cell as a secondary cell (SCell); wherein the deleting the first cell from a secondary cell list based on the indication message, comprises: deleting, by the terminal device in response to receiving the indication message sent by the network device, the first cell from the secondary cell list based on the indication message; or deleting, based on the indication message, the first cell from the secondary cell list at the time point when the network device shuts down the first cell.
7. The method according to claim 1, wherein the indication message is carried in a master information block (MIB) or a system information block (SIB).
7. The method according to claim 1, wherein the indication message is carried in a master information block (MIB) or a system information block (SIB).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 3 - 8, 10 – 15 and 17 - 20 are rejected under 35 USC 103(a) as being unpatentable over Xue et al (US 2016/0309398 A1) in view of Zhang et al (US 2016/0157095 A1).
Regarding claim 8, Xue discloses “A terminal device“ (See Figure 7); comprising “a memory, storing executable program” (See Figure 7, element 702) ; and " a transceiver, coupled to the memory” (see Figure 7, element 701); wherein the transceiver is configured to receive an indication message sent from a network device (see Xue figure 2, element 201 and ¶ 0011, ¶ 0174; receiving, by the terminal, an indication from a base station); “wherein the indication message is configured to indicate that the network device will shut down a first cell” (see Xue figure 2, element 201 and ¶ 0011, ¶ 0174; receiving, by the terminal, an indication from a base station; the indication indicates that the cell will enter a dormant state (shut down or not active state)).
Xue does not appear to explicitly disclose the method further comprising: adjusting, by the terminal device based on the indication message, a conditional handover (CHO) execution condition corresponding to each candidate cell in a CHO candidate-cell list, in response to the terminal device taking the first cell as a primary cell, and the network device configuring a CHO for the terminal device; and performing, by the terminal device, evaluation and triggering the CHO based on the adjusted CHO execution condition; or adjusting, by the terminal device based on the indication message, a conditional PSCell change (CPC) execution condition corresponding to each candidate cell in a CPC candidate-cell list, in response to the terminal device taking the first cell as a primary secondary cell (PSCell) and the network device configuring CPC for the terminal device; and performing, by the terminal device, evaluation and triggering the CPC based on the adjusted CPC execution condition; or deleting, by the terminal device based on the indication message, the first cell from a secondary cell list, in response to the terminal device taking the first cell as a secondary cell (SCell). [note; the above limitation is claimed in alternative way and only one alternative needs to be rejected]. With that being said, Zhang discloses deleting, by the terminal device based on the indication message, the first cell from a secondary cell list, in response to the terminal device taking the first cell as a secondary cell (SCell).; (See Fig. 5 and ¶ 0030- ¶ 0031; discloses sending an indication to the UE to remove secondary cell from list of secondary list and performing by the terminal (UE) the step of removing the secondary cell from (SeNB) from the UE list ). ”. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, having the teachings of Xue and Zhang before him or her, to modify the invention of Xue to remove or delete the cell from the list of used cells after receiving indication. The suggestion for doing so would have been to improve the performance and efficiency of the system to allow the UE to attempt to connect to only available cells.
Regarding claim 10, claim 8 is incorporated as stated above. In addition, Xue further discloses “wherein the indication message further comprises: a time point at which the network device shuts down the first cell”; (see Xue figure 2, element 201 and ¶ 0011; where the first signal carries information about time when the first cell enters the dormant state ).
Most of the limitations of claim 11 have been noted in the rejection of claim 8. Applicant’s attention is directed to the rejection of claim 8 above. Examiner NOTE: this claim further limit an alternative limitation that was not elected for examination and no mapping is required.
Most of the limitations of claim 12 have been noted in the rejection of claim 8. Applicant’s attention is directed to the rejection of claim 8 above. Examiner NOTE: this claim further limit an alternative limitation that was not elected for examination and no mapping is required.
Most of the limitations of claim 13 have been noted in the rejection of claim 8. Applicant’s attention is directed to the rejection of claim 8 above. Xue does not appear to explicitly disclose a wherein the processor is configured to invoke and execute the computer program from the memory to cause the terminal device to: delete, in response to the terminal device receiving the indication message sent by the network device, the first cell from the secondary cell list based on the indication message; or delete, based on the indication message, the first cell from the secondary cell list at the time point when the network device shuts down the first cell. However, Zhang discloses wherein the processor is configured to invoke and execute the computer program from the memory to cause the terminal device to: delete, in response to the terminal device receiving the indication message sent by the network device, the first cell from the secondary cell list based on the indication message; or delete, based on the indication message, the first cell from the secondary cell list at the time point when the network device shuts down the first cell.; (See Fig. 5 and ¶ 0030- ¶ 0031; discloses sending an indication to the UE to remove secondary cell from list of secondary list and performing by the terminal (UE) the step of removing the secondary cell from (SeNB) from the UE list ). ”. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, having the teachings of Xue and Zhang before him or her, to modify the invention of Xue to remove or delete the cell from the list of used cells after receiving indication. The suggestion for doing so would have been to improve the performance and efficiency of the system to allow the UE to attempt to connect to only available cells.
Regarding claim 14, claim 8 is incorporated as stated above. In addition, Xue further discloses “wherein the indication message is carried in a master information block (MIB) or a system information block (SIB).”; (see Xue ¶ 0155 and ¶ 0173; the first signal is preferably dynamic signaling sent in a cell-specific broadcast manner, for example, carried in a master information block (MIB)).
Claims 1, 3 -7 are the method claims corresponding to the terminal claims 8, 10 -15 that have been rejected above. Applicant attention is directed to the rejection of claims 8, 10 - 15. Claims 1, 3 - 7 are rejected under the same rational as claims 8, 10 - 15.
Claims 15, 17 -20 are the chip claims corresponding to the terminal claims 8, 10 -15 that have been rejected above. Applicant attention is directed to the rejection of claims 8, 10 -15. Claims 15, 17 - 20 are rejected under the same rational as claims 8, 10 -15.
Claims 2, 9, 16 are rejected under 35 USC 103(a) as being unpatentable over Xue et al (US 2016/0309398 A1) in view of Zhang et al (US 2016/0157095 A1) and further in view of Yan et al (US Pub. No. 2022/0167234 A1).
Most of the limitations of claim 9 have been noted in the rejection of claim 8. Applicant’s attention is directed to the rejection of claim 8 above. Xue does not appear to explicitly disclose a wherein, the indication message comprises: a frequency point corresponding to the first cell and a physical cell identifier (PCI) of the first cell. However, Yan discloses wherein, the indication message comprises: a frequency point corresponding to the first cell and a physical cell identifier (PCI) of the first cell; (See Yan ¶ 0065 - ¶ 0088; The information about the candidate cell may include at least one piece of the following information: a cell global identifier (CGI) of the candidate cell, a physical cell identifier (PCI) of the candidate cell, frequency information corresponding to the candidate cell,) ”. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, having the teachings of Xue and Yan before him or her, to modify the invention of Xue to include in the indication, taught by Kim, information including a frequency point corresponding to the first cell and a physical cell identifier (PCI) of the first cell. The suggestion for doing so would have been so a success rate of sending the configuration information is ensured. Further, the terminal device selects the target cell based on the configuration information and performs a handover, so that the handover success rate can be improved (¶ 0004).
Claims 2 is the method claims corresponding to the terminal claims 9 that have been rejected above. Applicant attention is directed to the rejection of claims 9. Claims 2 is rejected under the same rational as claims 9, 11.
Claims 16 is the chip claims corresponding to the terminal claims 9 that have been rejected above. Applicant attention is directed to the rejection of claims 9. Claims 16 are rejected under the same rational as claims 9.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHALED M KASSIM whose telephone number is (571)270-3770. The examiner can normally be reached 9:00 am - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KHALED M KASSIM/supervisory patent examiner, Art Unit 2475
Prosecution Insights