DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-2 and 8-25 are pending.
Claims 3-7 have been cancelled.
Response to Amendment
In response to Applicant’s amendment filed on 04/28/2026, the objections of claims 17-20 have been withdrawn.
Response to Arguments
Applicant's arguments filed on 04/28/2026 have been considered but they are not persuasive.
Applicant argues, (pages 13-15), that Wang fails to teach or suggest wherein the controlling, by the terminal, a state of a serving cell of the SCG based on the state of the SCG comprises:
in a case that the SCG is in an activated state, controlling, by the terminal, states of some or all serving cells of the SCG to be a first state, wherein the first state comprises a state determined based on a Radio Resource Control (RRC) configuration.
The examiner respectfully disagrees. Wang teaches wherein the controlling, by the terminal, a state of a serving cell of the SCG based on the state of the SCG comprises:
in a case that the SCG is in an activated state ([0156], A terminal receives an activation (activation) indication from an access network device, where the activation indication indicates that a PSCell in an SCG is in an activated state), controlling, by the terminal, states of some or all serving cells of the SCG to be a first state ([0158], The terminal activates (activate) the secondary cell group to be a first state / activation state), wherein the first state comprises a state determined based on a Radio Resource Control (RRC) configuration. ([0124], The network side may provide the configuration of the PSCell for the UE by using a radio resource control (radio resource control, RRC) message; [0160], The activation indication may be included in a MAC CE, an RRC message, or physical layer signaling that is sent by the access network device to the terminal). Therefore, Wang teaches the argued limitations.
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 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.
Claims 1-2, 8, 17-18, and 20-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (Pub. No.: US 20220167445 A1), hereinafter Wang.
With respect to claim 1, Wang teaches A secondary cell group control method, comprising ([0006], a method to control secondary cell group):
receiving, by a terminal, a first command ([0156], a terminal receives a command / activation indication);
controlling, by the terminal, a state of a secondary cell group (SCG) according to the first command ([0158], the terminal activates a secondary cell group (SCG) according to the command / activation indication); and
performing, by the terminal, a first operation based on the state of the SCG, wherein the first operation comprises controlling a state of a serving cell of the SCG ([0158], a terminal activates a secondary cell group (SCG) according to the command / activation indication),
wherein the controlling, by the terminal, a state of a serving cell of the SCG based on the state of the SCG comprises:
in a case that the SCG is in an activated state ([0156], A terminal receives an activation (activation) indication from an access network device, where the activation indication indicates that a PSCell in an SCG is in an activated state), controlling, by the terminal, states of some or all serving cells of the SCG to be a first state ([0158], The terminal activates (activate) the secondary cell group to be a first state / activation state),
wherein the first state comprises a state determined based on a Radio Resource Control (RRC) configuration. ([0124], The network side may provide the configuration of the PSCell for the UE by using a radio resource control (radio resource control, RRC) message; [0160], The activation indication may be included in a MAC CE, an RRC message, or physical layer signaling that is sent by the access network device to the terminal).
With respect to claim 2, Wang teaches wherein the controlling, by the terminal, a state of a serving cell of the SCG based on the state of the SCG further comprises in a case that the SCG is in a deactivated state, controlling, by the terminal, states of some or all serving cells of the SCG to be the deactivated state (fig. 4, [0127], [0129], [0152], the deactivation indication is used to indicate that a PSCell in the SCG is in a deactivated state, the terminal performs a deactivation operation on the SCG; [0133], The terminal suspends an SCG RLC bearer associated with a bearer of the SN; [0142], The terminal stops all or some of physical layer operations for the PSCell; [0144-0145]).
With respect to claim 8, Wang teaches wherein in a case that the SCG is in a deactivated state, a first configuration received by the terminal does not trigger SCell activation of the SCG, and the first configuration is used to indicate to activate an SCell of the SCG or is used when the SCell of the SCG is in an activated state ([0124], The configuration of the SCell includes a correspondence between an SCell identifier and an index (index) indicating the SCell. As shown in FIG. 5, for an SCell whose index is i, Ci indicates an activated/deactivated state of the SCell).
With respect to claim 17, Wang teaches A terminal ([0118], a terminal), comprising
a processor and a memory (fig. 12, [0283], a processor and a memory), wherein an instruction is stored in the memory (fig. 12, [0289], program stores in the memory), the instruction, when being executed by the processor (fig. 12, [0289], program executes by the processor), implements:
receiving a first command ([0156], a terminal receives a command / activation indication);
controlling a state of a secondary cell group (SCG) according to the first command ([0158], a terminal activates a secondary cell group (SCG) according to the command / activation indication); and
performing a first operation based on the state of the SCG, wherein the first operation comprises controlling a state of a serving cell of the SCG ([0158], a terminal activates a secondary cell group (SCG) according to the command / activation indication),
wherein the controlling, by the terminal, a state of a serving cell of the SCG based on the state of the SCG comprises:
in a case that the SCG is in an activated state ([0156], A terminal receives an activation (activation) indication from an access network device, where the activation indication indicates that a PSCell in an SCG is in an activated state), controlling, by the terminal, states of some or all serving cells of the SCG to be a first state ([0158], The terminal activates (activate) the secondary cell group to be a first state / activation state), wherein the first state comprises a state determined based on a Radio Resource Control (RRC) configuration. ([0124], The network side may provide the configuration of the PSCell for the UE by using a radio resource control (radio resource control, RRC) message; [0160], The activation indication may be included in a MAC CE, an RRC message, or physical layer signaling that is sent by the access network device to the terminal).
With respect to claim 18, this claim recites the method of claim 2, and it is rejected for at least the same reasons.
With respect to claim 20, Wang teaches A non-transitory computer readable storage medium having one or more instructions stored thereon that, when executed by a hardware processor (fig. 12, [0289], program stores in the memory, program executes by the processor), implements:
receiving a first command ([0156], a terminal receives a command / activation indication);
controlling a state of a secondary cell group (SCG) according to the first command ([0158], the terminal activates a secondary cell group (SCG) according to the command / activation indication); and
performing a first operation based on the state of the SCG, wherein the first operation comprises controlling a state of a serving cell of the SCG ([0158], a terminal activates a secondary cell group (SCG) according to the command / activation indication),
wherein the controlling, by the terminal, a state of a serving cell of the SCG based on the state of the SCG comprises:
in a case that the SCG is in an activated state ([0156], A terminal receives an activation (activation) indication from an access network device, where the activation indication indicates that a PSCell in an SCG is in an activated state), controlling, by the terminal, states of some or all serving cells of the SCG to be a first state ([0158], The terminal activates (activate) the secondary cell group to be a first state / activation state), wherein the first state comprises a state determined based on a Radio Resource Control (RRC) configuration ([0124], The network side may provide the configuration of the PSCell for the UE by using a radio resource control (radio resource control, RRC) message; [0160], The activation indication may be included in a MAC CE, an RRC message, or physical layer signaling that is sent by the access network device to the terminal).
With respect to claim 21, Wang teaches wherein the first operation further comprises at least one of the following: performing a measurement-related operation ([0145]).
With respect to claim 22, this claim recites the method of claim 21, and it is rejected for at least the same reasons.
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 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of AWONIYI-OTERI et al. (Pub. No.: US 20230224129 A1), hereinafter AWONIYI-OTERI.
With respect to claim 10, Wang teaches wherein before the receiving, by a terminal, a first command (fig. 9. [0229], S901. The SN determines to deactivate the SCG).
Wang does not explicitly teach sending, by the terminal, an SCG activation request to a network side device; wherein the SCG activation request carries one of the following: a type of a serving cell expected to be activated.
However, AWONIYI-OTERI teaches sending, by the terminal, an SCG activation request to a network side device ([0079]); wherein the SCG activation request carries one of the following: a type of a serving cell expected to be activated ([0079-0080]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of AWONIYI-OTERI, sending, by the terminal, an SCG activation request to a network side device; wherein the SCG activation request carries one of the following: a type of a serving cell expected to be activated, into the teachings of Wang, in order for the UE may perform measurements of one or more cells of the SCG and report the measurement to the SN (AWONIYI-OTERI, [0037]).
Claims 11, 19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Park et al. (Pub. No.: US 20210014893 A1), hereinafter Park.
With respect to claim 11, Wang teaches wherein the reconfiguring or switching, by the terminal based on the state of the SCG ([0133], [0138]), a radio bearer related to the SCG comprises at least one of the following: switching, by the terminal, a bearer type of at least one radio bearer in a case that the SCG is in a deactivated state ([0133], the terminal suspends an SCG RLC bearer associated with a bearer of the SN; [0138], change a bearer type in a case that the SCG is in a deactivated state).
Wang does not explicitly teach from an SCG bearer to a split bearer.
However, Park teaches from an SCG bearer to a split bearer ([0166]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Park, from an SCG bearer to a split bearer, into the teachings of Wang, in order for the UE to receive/transmit packets of the MCG bearer via one or more cells of the MCG, and/or to receive/transmit packets of the SCG bearer via one or more cells of the SCG (Park, [0163]).
With respect to claim 19, this claim recites the method of claim 11, and it is rejected for at least the same reasons.
With respect to claim 23, this claim recites the method of claim 11, and it is rejected for at least the same reasons.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Chen et al. (Pub. No.: US 20190254117 A1), hereinafter Chen.
With respect to claim 12, Wang teaches in a case that the SCG is in a deactivated state ([0118, 0121]).
Wang does not explicitly teach wherein the controlling, by the terminal, a state of a PDCP duplication function based on the state of the SCG comprises at least one of the following: deactivating, by the terminal, a PDCP duplication function of at least one radio bearer.
However, Chen teaches wherein the controlling, by the terminal, a state of a PDCP duplication function based on the state of the SCG comprises at least one of the following: deactivating, by the terminal, a PDCP duplication function of at least one radio bearer ([0147]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Chen, wherein the controlling, by the terminal, a state of a PDCP duplication function based on the state of the SCG comprises at least one of the following: deactivating, by the terminal, a PDCP duplication function of at least one radio bearer, into the teachings of Wang, in order to achieve higher reliability on data transmission (Chen, [0003]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Wang et al. (Pub. No.: US 20230254866 A1), hereinafter ‘866.
With respect to claim 15, Wang teaches wherein the performing, by the terminal, a measurement-related operation based on the state of the SCG at least one of the following ([0143, 0176]): performing, by the terminal, at least one of measurement and measurement reporting in a case that the SCG is in a deactivated state ([0143, 0176], the terminal performs measurement and measurement reporting in a case that the SCG is in a deactivated state).
Wang does not explicitly teach an SCG activation request sent by the terminal is rejected.
However, ‘866 teaches an SCG activation request sent by the terminal is rejected (fig. 4, [0106, 0114]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of ‘866, an SCG activation request sent by the terminal is rejected, a PDCP duplication function of at least one radio bearer, into the teachings of Wang, in order for a terminal device to perform uplink transmission with second network device serving the terminal device (‘866, [0005]).
Allowable Subject Matter
Claims 9, 13-14, 16, and 24-25 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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TANG whose telephone number is (571)270-7193. The examiner can normally be reached on M-F 8:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached on (571) 272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIET TANG/
Primary Examiner, Art Unit 2469
Prosecution Insights