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 .
Cross Reference to Related Applications
2. This application is a continuation of U.S. Patent Application No. 17/304,411, filed June 21, 2021, which claims priority to U.S. Provisional Patent Application No. 63/047,200, filed on July 1, 2020, entitled “SECONDARY CELL GROUP ACTIVATION BY BANDWIDTH PART FOR DUAL CONNECTIVITY WITH MULTIPLE RADIO ACCESS TECHNOLOGIES,” and assigned to the assignee and the contents of the above-referenced applications are incorporated by reference in their entireties.
Claims status
3. Based on the Response to Restriction Requirement filed on March 27, 2026, applicant provisionally elects, to prosecute Group I, as claims 1-11 and 20 with traverse. Claims 1-20 are pending in the application.
Election/Restrictions
4. Applicant's election with traverse of Invention II, which corresponds to claims 12-19, in the reply filed on March 27, 2026 is acknowledged and is found persuasive. The restriction requirement is withdrawn. Thus, all pending claims 1-20 are being considered for examination.
Drawings
5. The Examiner contends that the drawings submitted on March 30, 2024 are acceptable for examination proceedings.
Information Disclosure Statement
6. The Examiner has considered the reference(s) listed on the Information Disclosure Statements submitted on January 30, 2024, October 24, 2024 and May 21, 2025.
Double Patenting
7. The non-statutory 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 time wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the claims at issue 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 non-statutory double patenting ground provided the reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-26 of Patent No. (US 12,010,749 B2).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims in the present application and Patent Number. (US 12,010,749 B2) all disclose the method of transmitting, after entering the SCG activated state from the SCG deactivated state, uplink communications without performing a random access channel procedure relates to wireless communication in connection with a secondary cell group (SCG) for multiple radio access technology dual connectivity. (the table below shows only Example of Claim 1 is anticipated by claim 1 of Patent Number US 12,010,749 B2)
Claim
Instant Application No. 18/426,997 (limitations)
Patent No. US 12,010,749 B2 (limitations)
Claim
1
A user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to:
operate, in connection with a secondary cell group (SCG) for multiple radio access technology dual connectivity, in an SCG deactivated state;
receive a control message associated with activating the SCG for the UE; activate, in response to receiving the control message, a downlink bandwidth part (BWP) in which the UE operates in an SCG activated state; and
transmit, after entering the SCG activated state, uplink communications without performing a random access channel procedure.
A user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to: operate, in connection with a secondary cell group (SCG) for multiple radio access technology dual connectivity, in an SCG deactivated state in a downlink bandwidth part (BWP) configured for a primary secondary cell of the SCG;
receive a control message associated with activating the SCG for the UE, the control message indicating a BWP switch for the UE;
switch, in connection with receiving the control message, from the downlink BWP to an activated downlink BWP in which the UE operates in an SCG activated state; and
transmit, after entering the SCG activated state from the SCG deactivated state, uplink communications without performing a random access channel procedure.
1
Claim Rejections - 35 USC § 103
8. 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 of this title, 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.
9. 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 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.
10. Claims 1-9, 11-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 2021/0250920 A1), hereinafter “Kim” in view of WO 2020/033856 A1, hereinafter “WO’856”.
Regarding claim 1, Kim discloses a user equipment (UE) for wireless communication (Figs. 1C, 1G, 1N, next-generation mobile communication system), comprising:
one or more memories; and one or more processors, coupled to the one or more memories (Fig. 10 illustrates a structure according to present disclosure), configured to:
operate, in connection with a secondary cell group (SCG) (Fig. 1C, paragraphs [0099], [0148], [0414], SCells of the cell group (Master Cell Group (MCG) or Secondary Cell Group (SCG)) for multiple radio access technology dual connectivity (Fig. 1C, multi RAT dual connectivity next-generation mobile communication system), in an SCG deactivated state (Fig. 1G, 1g-01, 1g-02, 1g-03, Activated SCell: Normal BWP (1g-01) - fully activated, Dormant BWP (1g-02) - partially deactivated; Deactivated SCell: No activated BWP (1g-03) -fully deactivated);
receive a control message associated with activating the SCG for the UE (Fig. 1N, paragraphs [0600], [0623], control indication – MAC CEs or DCI for activation or deactivation for SCG);
activate, in response to receiving the control message (paragraphs [0270], [0280], [0487], [0491], terminal operation for normal BWP (active BWP) of the activated S Cell), a downlink bandwidth part (BWP) in which the UE operates in an SCG activated state (paragraphs [0270], [0280], [0487], [0491], an indication to activate the cell is received through the DCI (L1 control signal) of the PDCCH or the MAC CE or the RRC message or when an indication to switch the BWP (e.g., the downlink BWP) to the active BWP (or the BWP other than the dormant BWP) is received through the DCI (L1 control signal) of the PDCCH or the MAC CE); and
transmit, after entering the SCG activated state, uplink communications (paragraphs [0282], [0283], [0486], when the PUCCH is configured in the activated BWP, PUCCH transmission is performed; SRS transmitted such that base station may perform channel measurement on the uplink).
While Kim implicitly refers to “uplink communications without performing a random access channel procedure” (paragraph [0259], unlike the inactive mode, because a channel measurement report is performed, the base station may rapidly activate the cell configured with the dormant BWP based on the measurement report of the dormant BWP to use the carrier aggregation technology; in addition, in an embodiment of the disclosure, the dormant BWP may be configured in the downlink BWP configuration information and may be used only for the downlink BWP i.e. while CSI is performing there is no RACH procedure), WO’856 from the same or similar field of endeavor explicitly discloses uplink communications without performing a random access channel procedure (Fig. 3, paragraphs [0054], [0064], when the source and target cells are small cells or they are synchronized, the communication exchange in Fig. 3 can take place without performing a RACH procedure).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “uplink communications without performing a random access channel procedure” as taught by WO’856, in the system of Kim, so that it would provide enhanced utilization of carrier aggregation secondary cell direct activation when handover directed to systems and methods pertain to wireless communications (WO’856, paragraph [0002]).
Regarding claim 2, Kim discloses the control message includes downlink control information received on a primary cell of a master cell group (MCG) associated with the SCG (paragraphs [0279], [0280], indication received in PDCCH for the cell in PCell by cross-carrier scheduling).
Regarding claim 3, Kim discloses the control message includes a medium access control control element (MAC-CE) received on a primary cell or an activated secondary cell of a master cell group (MCG) associated with the SCG (paragraphs [0279], [0280], indication received in PDCCH for the cell in its’ own cell by self-scheduling or PCell by cross-carrier scheduling; MAC-CE structures illustrated in Fig. 1M).
Regarding claim 4, Kim discloses the SCG deactivated state corresponds to a downlink bandwidth part (BWP) configured for a primary secondary cell of the SCG (paragraphs [0148], [0414], [0487], [0491], a plurality of BWPs may be configured for each downlink or uplink in one cell (SpCell) or primary cell (PCell) or primary secondary cell group (SCG) cell (PSCell) or SCell), and an active BWP (active DL or UL BWP) or a dormant BWP (dormant DL BWP) or an inactive BWP (inactive or deactivated DL/UL BWP)).
Regarding claim 5, Kim discloses the control message indicates a BWP switch for the UE (paragraphs [0279], [0280], an indication to switch the BWP (e.g., the downlink BWP) to the active BWP (or the BWP other than the dormant BWP) is received through the DCI (L1 control signal) of the PDCCH or the MAC CE).
Regarding claim 7, Kim discloses the one or more processors, to transmit the uplink communications are configured to: transmit the uplink communications after entering the SCG activated state from the SCG deactivated state (paragraphs [0282], [0283], PUCCH configured in activated BWP).
Regarding claim 8, Kim discloses the one or more processors are configured to: receive another control message associated with transitioning to the SCG deactivated state; and switch, in connection with receiving the other control message, to the SCG deactivated state (paragraphs [0292], [0294], terminal operations when active BWP or BWP or SCell deactivated).
Regarding claim 9, Kim discloses one or more processors are configured to: receive a medium access control control element (MAC-CE) on a primary secondary cell of the SCG; and transition to the SCG deactivated state based at least in part on receiving the MAC-CE (paragraphs [0279], [0280], indication received in PDCCH for the cell in its’ own cell by self-scheduling or PCell by cross-carrier scheduling; MAC-CE structures illustrated in Fig. 1M).
Regarding claim 11, Kim discloses the control message is associated with activating a primary secondary cell of the SCG and one or more other secondary cells of the SCG (Fig. 1G, paragraphs [0148], [0414], Activated SCell: Normal BWP-fully activated, Dormant BWP-partially deactivated; Deactivated SCell: No activated BWP-fully deactivated).
Regarding claim 12, Kim discloses a network node for wireless communication (Figs. 1C, 1G, 1N, next-generation mobile communication system), comprising:
one or more memories; and one or more processors, coupled to the one or more memories (Fig. 10 illustrates a structure according to present disclosure), configured to:
transmit a control message to a user equipment (UE) indicating for the UE to enter an activated secondary cell group (SCG) state (Fig. 1N, paragraphs [0600], [0623], control indication – MAC CEs or DCI for activation or deactivation for SCG) and indicating a downlink bandwidth part (BWP) associated with the activated SCG state (paragraphs [0270], [0280], [0487], [0491], terminal operation for normal BWP (active BWP) of the activated S Cell); and
receive uplink communications from the UE (paragraphs [0282], [0283], [0486], when the PUCCH is configured in the activated BWP, PUCCH transmission is performed; SRS transmitted such that base station may perform channel measurement on the uplink).
While Kim implicitly refers to “the uplink communication is not associated with a random access channel procedure” (paragraph [0259], unlike the inactive mode, because a channel measurement report is performed, the base station may rapidly activate the cell configured with the dormant BWP based on the measurement report of the dormant BWP to use the carrier aggregation technology; in addition, in an embodiment of the disclosure, the dormant BWP may be configured in the downlink BWP configuration information and may be used only for the downlink BWP i.e. while CSI is performing there is no RACH procedure), WO’856 from the same or similar field of endeavor explicitly discloses wherein the uplink communication is not associated with a random access channel procedure (Fig. 3, paragraphs [0054], [0064], when the source and target cells are small cells or they are synchronized, the communication exchange in Fig. 3 can take place without performing a RACH procedure).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the uplink communication is not associated with a random access channel procedure” as taught by WO’856, in the system of Kim, so that it would provide enhanced utilization of carrier aggregation secondary cell direct activation when handover directed to systems and methods pertain to wireless communications (WO’856, paragraph [0002]).
Regarding claim 13, Kim discloses the one or more processors, to transmit the control message, are configured to transmit the control message via downlink control information on a primary cell of a master cell group associated with the SCG (paragraphs [0279], [0280], indication received in PDCCH for the cell in PCell by cross-carrier scheduling).
Regarding claim 14, Kim discloses the one or more processors are configured to: transmit a second control message, on the primary secondary cell, indicating for the UE to transition to an SCG deactivated state (paragraphs [0292], [0294], terminal operations when active BWP or BWP or SCell deactivated), wherein the second control message includes a medium access control control element (MAC-CE) on a primary cell or an activated secondary cell of a master cell group associated with the SCG (paragraphs [0279], [0280], indication received in PDCCH for the cell in its’ own cell by self-scheduling or PCell by cross-carrier scheduling; MAC-CE structures illustrated in Fig. 1M).
Regarding claim 15, Kim discloses the SCG deactivated state or the SCG activated state (Fig. 1G, paragraphs [0099], [0148], [0414], Activated SCell: Normal BWP-fully activated, dormant BWP-partially deactivated; Deactivated SCell: No activated BWP-fully deactivated) are in connection with multiple radio access technology dual connectivity (Fig. 1C, paragraphs [0099], [0148], [0414], SCells of the cell group (Master Cell Group (MCG) or Secondary Cell Group (SCG)).
Regarding claim 18, the claim is rejected based on the same reasoning as presented in the rejection of claim 11.
Regarding claim 20, the claim is rejected based on the same reasoning as presented in the rejection of claim 1.
11. Claims 6, 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 2021/0250920 A1), hereinafter “Kim” in view of WO 2020/033856 A1, hereinafter “WO’856” in view of 3GPP TSG-RAN WG2 Meeting #108 (R2-1914944; as submitted by the applicant with IDS dated October 24, 2024), hereinafter “3GPP’944”.
Regarding claim 6, Kim in view of WO’856 disclose the UE according to claim 1.
Neither Kim nor WO’856 explicitly discloses “the one or more processors are configured to, after entering the SCG activated state, perform a random access channel procedure”.
However, 3GPP’944 from the same or similar field of endeavor discloses the one or more processors are configured to, after entering the SCG activated state, perform a random access channel procedure (Fig.1, page 4, UE switches to the active BWP on the PSCell and performs the random access channel procedure towards the SCG).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the one or more processors are configured to, after entering the SCG activated state, perform a random access channel procedure” as taught by 3GPP’944, in the combined system of Kim and WO’856, so that it would provide multi-RAT dual-connectivity and carrier aggregation enhancements relate to SCG suspended state when data traffic arrives according to the transition from/to dormant BWP indicated by DCI (3GPP’944, page 3).
Regarding claim 10, Kim in view of WO’856 disclose the UE according to claim 9.
Neither Kim nor WO’856 explicitly discloses “the UE operating in the SCG deactivated state is to refrain from monitoring a physical downlink control channel on the primary secondary cell, refrain from transmitting uplink communications on the primary secondary cell, refrain from performing channel state information (CSI) measurements on the primary secondary cell, refrain from maintaining uplink timing alignment with a secondary node in the primary secondary cell, and perform radio resource management measurements on the primary secondary cell”.
However, 3GPP’944 from the same or similar field of endeavor discloses the UE operating in the SCG deactivated state is to refrain from monitoring a physical downlink control channel on the primary secondary cell, refrain from transmitting uplink communications on the primary secondary cell, refrain from performing channel state information (CSI) measurements on the primary secondary cell, refrain from maintaining uplink timing alignment with a secondary node in the primary secondary cell, and perform radio resource management measurements on the primary secondary cell (page 2, 2.1, UE behavior of PSCell of suspended SCG, proposal 1-5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the UE operating in the SCG deactivated state is to refrain from monitoring a physical downlink control channel on the primary secondary cell, refrain from transmitting uplink communications on the primary secondary cell, refrain from performing channel state information (CSI) measurements on the primary secondary cell, refrain from maintaining uplink timing alignment with a secondary node in the primary secondary cell, and perform radio resource management measurements on the primary secondary cell” as taught by 3GPP’944, in the combined system of Kim and WO’856, so that it would provide multi-RAT dual-connectivity and carrier aggregation enhancements relate to SCG suspended state when data traffic arrives according to the transition from/to dormant BWP indicated by DCI (3GPP’944, page 3).
Regarding claim 19, the claim is rejected based on the same reasoning as presented in the rejection of claim 10.
12. Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 2021/0250920 A1), hereinafter “Kim” in view of WO 2020/033856 A1, hereinafter “WO’856” in view of XU et al. (US 2022/0116874 A1), hereinafter “Xu”.
Regarding claim 16, Kim in view of WO’856 disclose the network node according to claim 14.
Neither Kim nor WO’856 explicitly discloses “the one or more processors are further configured to: determine to instruct the UE to enter into the SCG deactivated state”.
However, Xu from the same or similar field of endeavor discloses the one or more processors are further configured to: determine to instruct the UE to enter into the SCG deactivated state (Fig. 3, paragraphs [0369]-[0371], [0377], S301-S303).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the one or more processors are further configured to: determine to instruct the UE to enter into the SCG deactivated state” as taught by Xu, in the combined system of Kim and WO’856, so that it would save the power consumption and reduce the data transmission delay relate to the field of communication technologies, and particularly to an SCG state control method and apparatus, UE, MN, SN and medium (Xu, paragraph [0005]).
Regarding claim 17, Kim in view of WO’856 disclose the network node according to claim 12.
Neither Kim nor WO’856 explicitly discloses “the one or more processors are further configured to: determine to instruct the UE to enter into the SCG activated state”.
However, Xu from the same or similar field of endeavor discloses the one or more processors are further configured to: determine to instruct the UE to enter into the SCG activated state (Fig. 3, paragraphs [0369]-[0371], [0389], S301-S303; instruction for the SCG of the UE to enter activated state).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the one or more processors are further configured to: determine to instruct the UE to enter into the SCG activated state” as taught by Xu, in the combined system of Kim and WO’856, so that it would save the power consumption and reduce the data transmission delay relate to the field of communication technologies, and particularly to an SCG state control method and apparatus, UE, MN, SN and medium (Xu, paragraph [0005]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SITHU KO whose telephone number is 571-272-8647. The examiner can normally be reached on Mon-Friday 8:30am-5:00pmEST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached on 571-272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SITHU KO/Primary Examiner, Art Unit 2414
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