DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This communication is response to claims filed on 02/15/24
Claims 1-24 are presented for examination.
Information Disclosure Statement’s
4. The information disclosure statement(s) submitted on 02/15/24 have being considered by the examiner and made of record in the application file.
Priority
5. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawing
6. The drawings filed on 02/15/24 are accepted by the examiner.
Claims Objections
7. Claims 22-24 are objected to because of minor informalities:
8. Claim 22, in part, recites, non-functional descriptive material limitations, "A non-transitory computer-readable storage medium that stores a program for causing a computer provided in a network node to:..." in the preamble.
" A non-transitory computer-readable storage medium" merely serves a support for data instructions, and the data instruction will not impart/convey a patentable distinction when no functional relationship exists. In particular, A non-transitory computer-readable storage medium cannot process data instruction alone, and require enabling a computer processor/CPU to process the data instruction in order to impart/convey a patentable distinction of a claim.
As such, the functional language, "executing/processing data instruction stored in a non-transitory computer-readable storage medium by a CPU or a computer processor" adds functional relationship to the clamed invention.
9. Claims 23-24 are also objected for the same reason as claim 22 above.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
10. 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 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.
11. Claims 1, 3, 6, 8-9 & 12-24 are rejected under 35 U.S.C. 103 as being unpatentable over RYO et al. (hereinafter referred as RYO) International Publication Application No. WO 2016136124 (as disclosed in the IDS), in view of Rosa et al. (hereinafter referred as Rosa) US Patent Application Publication No. 2014/0192663 A1.
Regarding claims 1 & 19: RYO discloses a network node (See FIG. 3 & Page 3; a base station), comprising:
an obtaining unit (See FIG. 3 & Page 3; a base station includes a reception processing unit) configured to obtain, from a terminal apparatus, information relating to a first received power of a first carrier wave and a second received power of a second carrier wave for the terminal apparatus (See Page 3; a connected base station receives from a connected terminal information about received signal power (RSRP) measured by using reference signals transmitted respectively from the connection base station and the coordinated base station. the CoMP transmission involves the connection base station and the coordinated base station coordinating and communicating by using a plurality of waves);
a determination unit (See FIG. 3 & Page 3; a base station includes a determination unit) configured to determine whether or not a difference value between the first received power and the second received power is greater than a predetermined value on a basis of the information (See Page 3; the determination unit determines if the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value); and
a control unit (See FIG. 3 & Page 3; the controlling function of a base station) configured to control the terminal apparatus to start communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave on a basis of a difference value between the first received power and the second received power being determined to be less than the predetermined value (See Page 3; the determination unit starts CoMP transmission when the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value).
RYO does not explicitly disclose a network node comprising: one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as.
However, Rosa from the same field of endeavor discloses a network node (See FIG. 7 & Para. 0082; eNB) comprising: one or more processors (See FIG. 7 & Para. 0082; eNB includes data processor); and one or more memories (See FIG. 7 & Para. 0082; eNB includes a memory) that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as:
start communication using dual connectivity or carrier aggregation (See FIG. 1 & Para. 0042; carrier aggregation system into multiple component carrier).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a network node comprising: one or more processors; and one or more memories as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second CC and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claims 3 & 20: RYO discloses a network node (See FIG. 3 & Page 3; a base station), comprising:
an obtaining unit (See FIG. 3 & Page 3; a base station includes a reception processing unit) configured to obtain, from a terminal apparatus, information relating to a first received power of a first carrier wave and a second received power of a second carrier wave for the terminal apparatus (See Page 3; a connected base station receives from a connected terminal information about received signal power (RSRP) measured by using reference signals transmitted respectively from the connection base station and the coordinated base station. the CoMP transmission involves the connection base station and the coordinated base station coordinating and communicating by using a plurality of waves);
a determination unit (See FIG. 3 & Page 3; a base station includes a determination unit) configured to determine whether or not a difference value between the first received power and the second received power is greater than a predetermined value on a basis of the information (See Page 3; the determination unit determines if the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value); and
RYO does not explicitly disclose a network node comprising: one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as.
a control unit configured to, in a case where the terminal apparatus is performing communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave and a difference value between the first received power and the second received power is determined to be greater than the predetermined value, control the terminal apparatus to end the communication
However, Rosa from the same field of endeavor discloses a network node (See FIG. 7 & Para. 0082; eNB) comprising: one or more processors (See FIG. 7 & Para. 0082; eNB includes data processor); and one or more memories (See FIG. 7 & Para. 0082; eNB includes a memory) that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as.
a control unit (See FIG. 3 & Page 3; the controlling function of eNB) configured to, in a case where the terminal apparatus is performing communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave and a difference value between the first received power and the second received power is determined to be greater than the predetermined value, control the terminal apparatus to end the communication (corresponding to releases an SCell) (See Para. 0050, 0063-0064 & 0073-0074; indicates that a UE reports information indicating a reception power difference between the PCell and SCell in carrier aggregation, to a network, and the network releases an SCell on the basis of this information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a network node comprising: one or more processors; and one or more memories and in a case where the terminal apparatus is performing communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave and a difference value between the first received power and the second received power is determined to be greater than the predetermined value, control the terminal apparatus to end the communication as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second CC and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 6: The combination of RYO and Rosa disclose a network node.
Furthermore, RYO discloses a network node, wherein the obtaining unit obtains, from the terminal apparatus, information indicating the first received power and information indicating the second received power as information relating to the first received power and the second received power for the terminal apparatus (See Page 3; a connected base station receives from a connected terminal information about received signal power (RSRP) measured by using reference signals transmitted respectively from the connection base station and the coordinated base station. the CoMP transmission involves the connection base station and the coordinated base station coordinating and communicating by using a plurality of waves).
Regarding claim 8: The combination of RYO and Rosa disclose a network node.
Furthermore, Rosa discloses a network node, wherein the obtaining unit obtains, from the terminal apparatus, information that can identify whether or not a difference value between the first received power and the second received power is greater than the predetermined value as information relating to the first received power and the second received power for the terminal apparatus (See Para. 0050, 0063-0064 & 0073-0074; indicates that a UE reports information indicating a reception power difference between the PCell and SCell in carrier aggregation, to a network, and the network releases an SCell on the basis of this information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the obtaining unit obtains, from the terminal apparatus, information that can identify whether or not a difference value between the first received power and the second received power is greater than the predetermined value as information relating to the first received power and the second received power for the terminal apparatus as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second CC and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 9: The combination of RYO and Rosa disclose a network node.
Furthermore, Rosa discloses a network node, wherein the computer-readable instruction causes, when executed by the one or more processors, the one or more processors to further function as: a notifying unit configured to notify the terminal apparatus of information indicating a condition for notifying of information relating to the first received power and the second received power for the terminal apparatus (See Para. 0076-0077; Determining that a power difference among first and second CCs exceeds a tolerance threshold, in which the tolerance threshold is specific for a user equipment).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a notifying unit configured to notify the terminal apparatus of information indicating a condition for notifying of information relating to the first received power and the second received power for the terminal apparatus as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second CC and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 12: The combination of RYO and Rosa disclose a network node.
Furthermore, RYO discloses a network node, wherein the first carrier wave is a carrier wave associated with long-term evolution (LTE) and the second carrier wave is a carrier wave associated with new radio (NR) (See FIG. 2 & Page 3).
Regarding claim 13: The combination of RYO and Rosa disclose a network node.
Furthermore, RYO discloses a network node, wherein the first carrier wave and the second carrier wave are carrier waves associated with new radio (NR) (See FIG. 2 & Page 3).
Regarding claims 14 & 21: RYO discloses a terminal apparatus (See FIG. 2 & Page 3; a Terminal) that is connected to a base station (See FIG. 2 & Page 3; a Terminal connected to the base station), which uses first information, obtained from the terminal apparatus, for specifying a communication circuit of the terminal apparatus to perform control regarding dual connectivity or carrier aggregation, the terminal apparatus comprising:
a reporting unit (See FIG. 3 & Page 3; a base station includes a transmission processing unit) configured to report, to the base station apparatus, the first information and second information relating to a first received power of a first carrier wave and a second received power of a second carrier wave, wherein the first carrier wave and the second carrier wave are used for the dual connectivity or the carrier aggregation (See Page 3; a connected base station receives from a connected terminal information about received signal power (RSRP) measured by using reference signals transmitted respectively from the connection base station and the coordinated base station. the CoMP transmission involves the connection base station and the coordinated base station coordinating and communicating by using a plurality of waves).
RYO does not explicitly disclose a terminal comprising: one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as.
However, Rosa from the same field of endeavor discloses a terminal (See FIG. 7 & Para. 0080-0082; a User Equipment (UE)) comprising: one or more processors (See FIG. 7 & Para. 0080-0082; a User Equipment (UE) includes DP); and one or more memories (See FIG. 7 & Para. 0080-0082; a User Equipment (UE) includes a memory) that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as.
using dual connectivity or carrier aggregation (See FIG. 1 & Para. 0042; carrier aggregation system into multiple component carrier).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a terminal comprising: one or more processors; and one or more memories as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second Carrier Component (CC) and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 15: The combination of RYO and Rosa disclose a terminal apparatus.
Furthermore, Rosa discloses a terminal apparatus, wherein the first information is information used for determining whether processing for a plurality of carrier waves is performed by using a single communication circuit or a plurality of separate communication circuits (See Page 3; the determination unit determines if the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first information is information used for determining whether processing for a plurality of carrier waves is performed by using a single communication circuit or a plurality of separate communication circuits as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second Carrier Component (CC) and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 16: The combination of RYO and Rosa disclose a terminal apparatus.
Furthermore, Rosa discloses a terminal apparatus, wherein the first information is information used for determine, even in a case where difference in power of two carrier waves is larger than a predetermined level, whether processing of a plurality of carrier waves using respective communication circuits for each carrier wave is possible or not (See Para. 0050, 0063-0064 & 0073-0074; indicates that a UE reports information indicating a reception power difference between the PCell and SCell in carrier aggregation, to a network, and the network releases an SCell on the basis of this information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first information is information used for determine, even in a case where difference in power of two carrier waves is larger than a predetermined level, whether processing of a plurality of carrier waves using respective communication circuits for each carrier wave is possible or not as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second Carrier Component (CC) and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 17: The combination of RYO and Rosa disclose a terminal apparatus.
Furthermore, Rosa discloses a terminal apparatus, wherein the first information is information used for determine, in a case where difference in power of two carrier waves is larger than a predetermined level, whether the terminal apparatus comprises a communication circuit for preventing throughput from being reduced or not (See Para. 0050, 0063-0064 & 0073-0074; indicates that a UE reports information indicating a reception power difference between the PCell and SCell in carrier aggregation, to a network, and the network releases an SCell on the basis of this information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first information is information used for determine, in a case where difference in power of two carrier waves is larger than a predetermined level, whether the terminal apparatus comprises a communication circuit for preventing throughput from being reduced or not as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second Carrier Component (CC) and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 18: The combination of RYO and Rosa disclose a terminal apparatus.
Furthermore, RYO discloses a terminal apparatus, wherein the terminal apparatus is connected to a base station apparatus that performs, based on the first information and difference in received power of the first received power and the second received power obtained from the terminal apparatus, determination of start or end of communication using the dual connectivity or the carrier aggregation and that instructs, based on a result of the determination, the start or the end of the communication using the dual connectivity or the carrier aggregation to the terminal apparatus (See Page 3; the determination unit starts CoMP transmission when the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value).
Regarding claim 22: RYO discloses a network node to:
obtain, from a terminal apparatus, information relating to a first received power of a first carrier wave and a second received power of a second carrier wave for the terminal apparatus (See Page 3; a connected base station receives from a connected terminal information about received signal power (RSRP) measured by using reference signals transmitted respectively from the connection base station and the coordinated base station. the CoMP transmission involves the connection base station and the coordinated base station coordinating and communicating by using a plurality of waves);
determine whether or not a difference value between the first received power and the second received power is greater than a predetermined value on a basis of the information (See Page 3; the determination unit determines if the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value); and
control the terminal apparatus to start communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave on a basis of the difference value between the first received power and the second received power being determined to be less than the predetermined value (See Page 3; the determination unit starts CoMP transmission when the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value).
RYO does not explicitly disclose a non-transitory computer-readable storage medium that stores a program for causing a computer provided in a network node to:
However, Rosa from the same field of endeavor discloses a non-transitory computer-readable storage medium (See FIG. 7 & Para. 0082; eNB includes a memory) that stores a program for causing a computer provided in a network node (See FIG. 7 & Para. 0082; eNB) to:
start communication using dual connectivity or carrier aggregation (See FIG. 1 & Para. 0042; carrier aggregation system into multiple component carrier).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a non-transitory computer-readable storage medium as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second CC and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 23: RYO discloses a network node to:
obtain, from a terminal apparatus, information relating to a first received power of a first carrier wave and a second received power of a second carrier wave for the terminal apparatus (See Page 3; a connected base station receives from a connected terminal information about received signal power (RSRP) measured by using reference signals transmitted respectively from the connection base station and the coordinated base station. the CoMP transmission involves the connection base station and the coordinated base station coordinating and communicating by using a plurality of waves);
determine whether or not a difference value between the first received power and the second received power is greater than a predetermined value on a basis of the information (See Page 3; the determination unit determines if the difference between the RSRP for the connection base station and the RSRP for the coordinated base station is less than a prescribed threshold value); and
RYO does not explicitly disclose a non-transitory computer-readable storage medium that stores a program for causing a computer provided in a network node to: in a case where the terminal apparatus is performing communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave and a difference value between the first received power and the second received power is determined to be greater than the predetermined value, control the terminal apparatus to end the communication.
However, Rosa from the same field of endeavor discloses a non-transitory computer-readable storage medium (See FIG. 7 & Para. 0082; eNB includes a memory) that stores a program for causing a computer provided in a network node (See FIG. 7 & Para. 0082; eNB) to:
in a case where the terminal apparatus is performing communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave and a difference value between the first received power and the second received power is determined to be greater than the predetermined value, control the terminal apparatus to end the communication (corresponding to releases an SCell) (See Para. 0050, 0063-0064 & 0073-0074; indicates that a UE reports information indicating a reception power difference between the PCell and SCell in carrier aggregation, to a network, and the network releases an SCell on the basis of this information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a non-transitory computer-readable storage medium that stores a program for causing a computer provided in a network node to: in a case where the terminal apparatus is performing communication using dual connectivity or carrier aggregation using the first carrier wave and the second carrier wave and a difference value between the first received power and the second received power is determined to be greater than the predetermined value, control the terminal apparatus to end the communication as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second CC and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Regarding claim 24: RYO discloses a terminal apparatus (See FIG. 2 & Page 3; a Terminal), which is connected to a base station (See FIG. 2 & Page 3; a Terminal connected to the base station), which uses first information, obtained from the terminal apparatus, for specifying a communication circuit of the terminal apparatus to perform control regarding dual connectivity or carrier aggregation, to:
report, to the base station apparatus, the first information and second information relating to a first received power of a first carrier wave and a second received power of a second carrier wave, wherein the first carrier wave and the second carrier wave are used for the dual connectivity or the carrier aggregation (See Page 3; a connected base station receives from a connected terminal information about received signal power (RSRP) measured by using reference signals transmitted respectively from the connection base station and the coordinated base station. the CoMP transmission involves the connection base station and the coordinated base station coordinating and communicating by using a plurality of waves).
RYO does not explicitly disclose a non-transitory computer-readable storage medium that stores a program for causing a computer provided in a terminal apparatus.
However, Rosa from the same field of endeavor discloses a non-transitory computer-readable storage medium (See FIG. 7 & Para. 0080-0082; a User Equipment (UE) includes a memory) that stores a program for causing a computer provided in a terminal apparatus (See FIG. 7 & Para. 0080-0082; a User Equipment (UE)).
using dual connectivity or carrier aggregation (See FIG. 1 & Para. 0042; carrier aggregation system into multiple component carrier).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a non-transitory computer-readable storage medium that stores a program for causing a computer provided in a terminal apparatus as taught by Rosa in the system of RYO in order to arranging UL signaling to inform a network of a quantitative power difference between the first and the second Carrier Component (CC) and further identifying which of the first or second CCs exhibits a higher power (See abstract; lines 3-4).
Allowable Subject Matter
13. Claims 2, 4-5, 7 & 10-11 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
14. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure.
A. Yang et al. 2020/0266932 A1 (Title: Acknowledgment feedback techniques in wireless communications) (See Abstract, Para. 0012 & 0037-0038).
B. Zhou et al. 2020/0204237 A1 (Title: Beam switch related information feedback in wireless communications) (See abstract, Para. 0006 & 00813-0016).
C. Jeon et al. 2019/0254074 A1 (Title: Random access using supplemental uplink) (See FIG. 1, Para. 0046, 0050 & 0160).
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m..
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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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/MEWALE A AMBAYE/Primary Examiner, Art Unit 2469