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 .
Reissue Applications
This application seeks to reissue US Patent No, 11,477,712 (“the ‘712 patent”). In a 08/10/2026 response to the 03/19/2026 non-final Office action (“NFOA”), the applicant has amended claims 1, 3, 8, 9, 11, 15, and 18, and added new claims 21 and 22. Claims 1-22 are pending.
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 11,477,712 is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant’s Response to the NFOA
Objection Under 37 CFR 1.173(b)
The application was previously objected to for failing to amend the specification in a manner consistent with 37 CFR 1.173(b). See NFOA at 3. The supplemental amended specification overcomes this issue, and this objection is withdrawn.
Objection Under 37 CFR 1.173(c)
The application was also objected to for failing to provide an explanation of support for changes made to the claim. NFOA at 3. The applicant’s explanation of support for the recent amendment satisfies the requirements of 37 CFR 1.173(c), and this objection is withdrawn.
Objection Under 37 CFR 1.175, and Related § 251 Rejection
The NFOA described how the declaration failed to provide a proper error statement, and objected to the application and rejected all claims because of this. NFOA at 4-5. The applicant has responded by filing a substitute declaration. The new declaration states that the “omission of a narrower claim” rendered the patent invalid, and “new dependent claims 21 and 22 are being submitted.” By referring to claims 21 and 22, this declaration provides reference to “the specific claim language wherein lies the error.” MPEP 1414 II. This error statement is sufficient, and the objection and rejection relating to this issue are withdrawn.
Recapture Rejection Under § 251
All claims were rejected for violating the recapture rule of § 251. NFOA at 5-8. The recent amendment reintroduces the surrendered limitations, and this rejection is withdrawn.
Prior Art Rejection
All claims were rejected in the NFOA as obvious over various combinations of Fujishiro, Huang, Chen, and Huang ‘355. NFOA at 8-20. The applicant notes that limitations that were added to the claims following the NFOA were not previously addressed, and states that the amended claims overcome the previous art rejections. Remarks at 19-21. See the updated grounds of rejection below that address the amended claims.
The assertion of official notice that was taken in the rejection of claims 8 and 15 was not traversed by the application, which renders the asserted subject matter admitted prior art. See MPEP 2144.03(C).
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.
Claims 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro, US 20210058985, in view of Huang, US 20210127319, and further in view of Latheef, US 20210259051. The portions of these documents that are relied upon in the rejections below find support in their respective foreign priority applications.
Claim 1: Fujishiro discloses a method for maintaining communication interfaces, comprising:
connecting, by an integrated access and backhaul (IAB) node base station, with a Source Central Unit of a source donor base station through a first F1 interface (IAB node 300-1 connects with a source donor base station. ¶¶ 64 and 71-72. This connection is through a first F1 interface. ¶¶ 44 and 59. Connection is to the CU of the donor base station. ¶44.);
sending, by the IAB node base station, a measurement report message to the Source Central Unit (IAB node 300-1 sends a measurement report to the gNB 200-1. ¶ 95. As described in ¶ 44, this measurement report is sent to the Central Unit of gNB 200-1.);
receiving, by a Distributed Unit (see ¶44) of the IAB node base station, a first interface message from the Source Central Unit over the first F1 interface (¶44), responsive to the measurement report message, the first interface message comprising configuration information (The IAB node 300-1 delivers a measurement report to gNB 200-1. ¶95. Based on this, the CU of gNB 200-1 transmits an interface message comprising configuration information notifying the IAB node’s DU of a handover decision. ¶101.);
creating, by the Distributed Unit, connectivity towards a Target Central Unit of a target donor base station responsive to receiving the configuration information (Handover to gNB 200-2 is accomplished. ¶102. This is accomplished by creating connectivity to the CU of the destination donor base station. ¶¶ 44 and 99-102.);
setting up, by the Distributed Unit, a second F1 interface via a wireless backhaul link with the Target Central Unit (Communications over the backhaul are wireless. ¶¶34 and 37. Using this backhaul, the DU sets up a second F1 interface with the CU of the target node. ¶¶ 44 and 99-102.);
releasing, by the Distributed Unit, the first F1 interface with the Source Central Unit (This is implicit in the handover procedure in ¶102.).
Fujishiro fails to disclose receiving, by the Distributed Unit, configuration information for a Transport Network Layer; creating Transport Network Layer connectivity toward the CU of the target donor base station; setting up the second F1 interface utilizing the Transport Network Layer connectivity.
However, Huang discloses receiving, by a Distributed Unit, configuration information for a Transport Network Layer; creating Transport Network Layer connectivity toward a CU of a target donor base station; setting up a F1 interface utilizing the Transport Network Layer connectivity (A DU receives address (configuration) information for a TNL connection toward a target CU, and an F1 interface is established using this TNL. See ¶¶ 145-147 and 193-194.).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Fujishiro with the teachings in Huang, the rationale being to improve relay forwarding when the network transition in Fujishiro occurs. See e.g. Huang ¶¶ 5 and 33.uaHuangH
Fujishiro-Huang fails to disclose exchanging, by the Distributed Unit, F1 application protocol (F1AP) configuration data with the Target Central Unit through the wireless backhaul link. But Latheef discloses exchanging, by a Distributed Unit, F1 application protocol (F1AP) configuration data with a Target Central Unit through a wireless backhaul link (Latheef ¶ 99. See also Latheef’s foreign priority document IN 201841017695 ¶ 75.).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Fujishiro-Huang with these teachings in Latheef, the rationale being to ensure that the DU of the IAB node and the CU of the IAB donor correctly interoperate over the F1 interface. See Latheef ¶ 99.
Claim 9: Fujishiro-Huang-Latheef discloses a base station device comprising:
a Distributed Unit connected to a Source Central Unit of a source base station, the Distributed Unit engaged with the Source Central Unit through a first F1 interface (The DU of an IAB node is connected to a source CU through an F1 interface. Fujishiro ¶¶ 44 and 59.);
the base station configured to:
send a measurement report message to the Source Central Unit (Fujishiro ¶¶ 44 and 95.);
the Distributed Unit configured to:
receive a first interface message from the Source Central Unit over the first F1 interface, responsive to the measurement report message, the first interface message comprising configuration information (The IAB node 300-1 delivers a measurement report to gNB 200-1. Fujishiro ¶95. Based on this, the CU of gNB 200-1 transmits an interface message over the F1 interface (¶ 44) comprising configuration for handover. Fujishiro ¶101.) for a Transport Network Layer (A DU receives address (configuration) information for a TNL connection toward a target CU, and an F1 interface is established using this TNL. See Huang ¶¶ 145-147 and 193-194.);
create Transport Network Layer (Huang ¶¶ 145-147 and 193-194) connectivity toward a Target Central Unit of a target base station responsive to receiving the configuration information (Handover to gNB 200-2 is accomplished. Fujishiro ¶102. This is accomplished by creating connectivity to the CU of the destination donor base station. Fujishiro ¶¶ 44 and 99-102.);
set up a second F1 interface via a wireless backhaul link with the Target Central Unit (Communications over the backhaul are wireless. Fujishiro ¶¶34 and 37. Using this backhaul, the DU sets up a second F1 interface with the CU of the target node. Fujishiro ¶¶ 44 and 99-102.) utilizing the Transport Network Layer connectivity (Huang ¶¶ 145-147 and 193-194);
exchange F1 application protocol (F1AP) configuration data with the Target Central Unit through the wireless backhaul link (Latheef ¶ 99.); and
release the first F1 interface with the Source Central Unit (This is implicit in the handover procedure in Fujishiro ¶102.).
Claims 2-3, 7-8, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro, Huang, and Latheef in view of Chen, WO 2013166640.
Claim 2: Fujishiro-Huang-Latheef discloses that at least one User Equipment is connected to the IAB node base station (See Fujishiro Fig. 1).
Fujishiro-Huang-Latheef fails to disclose directing, by the Distributed Unit, the connected User Equipment to handover to the target donor base station; confirming, by the Distributed Unit, handover of the connected User Equipment to the target donor base station; and requesting, by the Distributed Unit, release of User Equipment context stored at the Source Central Unit.
However, Chen discloses directing a User Equipment that is connected to a Relay Node to handover to a target donor base station; confirming handover of the connected User Equipment to the target donor base station (Upon relay node handover, the UE is instructed to handover to the target base station. 11:10-12:21; 13:19-13:6; and 22:5-23); and requesting release of User Equipment context stored at the Source base station (14:24-27 and 18:2-6).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Fujishiro-Huang-Latheef with these teachings in Chen, the rationale being to ensure that the UE is able to communicate properly with the target base station upon handover. While Chen does not disclose that the steps are performed by the DU and Source CU, the POSITA, when making this modification, would have concluded that these elements in Fujishiro would have been the logical units to perform these steps. Therefore the combined teachings of Fujishiro, Huang, and Chen render obvious the invention that is recited in this claim.
Claim 3: Fujishiro-Huang-Latheef-Chen discloses that directing connected User Equipment to handover to the target donor base station comprises: receiving, by the Distributed Unit, a Radio Resource Control (RRC) Handover Command message from the Source Central Unit or the Target Central Unit (Chen pg. 22. See also Fujishiro ¶44); and sending, by the Distributed Unit, the RRC Handover Command message to the connected User Equipment to direct the connected User Equipment to perform a handover procedure and handover to the Target Central Unit (Chen pg. 22 and Fujishiro ¶44).
Claim 7: Fujishiro-Huang-Latheef-Chen discloses:
receiving, by the Distributed Unit through the first F1 interface, the first interface message from the Source Central Unit, wherein the first interface message carries a User Equipment Context Modification Request message; responsive to receiving the User Equipment Context Modification Request message, performing, by the Distributed Unit, User Equipment context modification; and sending, by the Distributed Unit through the first F1 interface, a User Equipment Context Modification Response message to the Source Central Unit as a confirmation of the User Equipment context modification (Chen 3:12-27 (and further described in 20:15-22:23) – a context change request (i.e., a User Equipment Context Modification Request) is received at the DU (see Fujishiro ¶44). Responsive thereto, the UE context is changed and a context change response is delivered to the CU. These communications are over the F1 interface, as described in Fujishiro ¶44. ).
Claim 8: Fujishiro-Huang-Latheef-Chen fails to disclose receiving, by the Distributed Unit, a Handover Command message from the Target Central Unit, the Handover Command message carried by a second interface message received over the second F1 interface from the Target Central Unit; and responsive to receiving the Handover Command message, performing one of: handover of connected User Equipment to the target donor base station; handover of User Equipment connected to a subtending node base station to the target donor base station; or handover of the IAB node base station to the target donor base station.
However, official notice is taken that a target node-initiated handover was well known in the art before the effective filing date of the claimed invention. Therefore it would have been obvious to the skilled artisan before the effective filing date of the claimed invention to modify Fujishiro-Huang-Latheef-Chen to include this capability, the rationale being to provide more flexibility in the network. When making this modification, the POSITA would have found it obvious and logical to receive the handover command over Fujishiro’s F1 interface, and to handover of the IAB node base station to the target donor base station in response to this message, as this would have been the common-sense manner in which the benefit from this modification would be achieved.
Claims 10-11 see rejection of claims 2-3, respectively.
Claims 4-6 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro-Huang-Latheef-Chen, in view of Huang, US 20120252355 (“Huang ‘355”).
Claim 4: Fujishiro-Huang-Latheef-Chen fails to disclose that requesting release of User Equipment context stored at the Source Central Unit comprises: responsive to confirming handover of the connected User Equipment, generating, by the Distributed Unit, a User Equipment Context Release Request message requesting the release of User Equipment context stored at the Source Central Unit; and sending, by the Distributed Unit, the User Equipment Context Release Request message to the Source Central Unit through the first F1 interface.
However, Huang ‘355 discloses responsive to confirming handover of a connected User Equipment, generating, by a relay node, a User Equipment Context Release Request message requesting the release of User Equipment context stored at the source node; and sending, by the relay node, the User Equipment Context Release Request message to the Source node (¶¶ 100-103.).
would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Fujishiro-Huang-Latheef-Chen with the teachings in Huang ‘355, the rationale being to ensure that proper handover of UE context is achieved, thereby conserving resources of the system. Chen does not disclose that the release request is sent through the first F1 interface. But the POSITA, when making this modification, would have found it obvious to use Fujishiro’s F1 interface to accomplish this. The POSITA would have concluded that this would have been the logical manner to achieve this modification.
Claim 5: Fujishiro-Huang-Latheef-Chen-Huang ‘355 discloses that confirming handover of the connected User Equipment to the target donor base station comprises: receiving, by the Distributed Unit, a User Equipment RRC Reconfiguration Complete message from the connected User Equipment confirming handover to the Target Central Unit (see Huang ‘355 ¶112uaHuaasadfsx).
Claim 6: Fujishiro-Huang-Latheef-Chen-Huang ‘355 discloses:
responsive to receiving the User Equipment RRC Reconfiguration Complete message from the connected User Equipment confirming handover to the Target Central Unit, generating, by the Distributed Unit, at least one Uplink RRC Transfer message to the Target Central Unit for finishing handover of the connected User Equipment; and sending, by the Distributed Unit through the second F1 interface, the at least one Uplink RRC Transfer message to the Target Central Unit, wherein the Uplink RRC Transfer message carries one or more User Equipment RRC Reconfiguration Complete messages received by the Distributed Unit from the connected User Equipment (Chen Fig. 10: the relay node (the DU in the combined system) generates and sends an uplink RRC “handover notify” to the target node (or target CU in the combination). The POSITA would understand this to at least suggest that the notification carries UE RRC Reconfiguration Complete, as described in Chen pg. 22.)
Claims 12-14 see rejection of claims 4-6, respectively.
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro in view of Chen.
Claim 15: Fujishiro discloses a method for maintaining communication interfaces, comprising:
generating, by an integrated access and backhaul (IAB) node base station, measurement report message including one or more measured parameters related to the IAB node base station; sending, by the IAB node base station, the measurement report message to a source donor base station (The IAB node 300-1 delivers a measurement report to source donor base station 200-1. ¶95.);
receiving, by the IAB node base station, a Radio Resource Control Reconfiguration message from the source donor base station, the Radio Resource Control Reconfiguration message directing modification of a Radio Resource Control configuration of the IAB node base station (Based on the measurement report, the CU of gNB 200-1 transmits an interface message notifying the IAB node’s DU of a handover decision. ¶101. This message is an RRC Reconfiguration message. ¶85);
responsive to receiving the Radio Resource Control Reconfiguration message, the IAB node base station:
modifying the Radio Resource Control configuration of the IAB node base station to handover the IAB node base station to a target donor base station (¶¶ 85 and 101-102), and
releasing, by the IAB node base station, the connection with the source donor base station (implicit in ¶100-102); and
Fujishiro fails to disclose the RRC reconfiguration message including at least one user equipment Radio Resource Control Reconfiguration message for user equipment connected to the IAB node base station; and sending the at least one user equipment Radio Resource Control Reconfiguration message to the connected user equipment.
Chen discloses a relay node receiving an RRC reconfiguration message including at least one user equipment Radio Resource Control Reconfiguration message for user equipment connected to the node; and sending the user equipment Radio Resource Control Reconfiguration messages to the connected user equipment (Upon relay node handover, the UE is instructed to handover to the target base station. 11:10-12:21; 13:19-13:6; and 22:5-23).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Fujishiro with these teachings in Chen, the rationale being to ensure that the UE is able to communicate properly with the target donor base station upon handover.
Fujishiro-Chen fails to disclose sending, by the IAB node base station, a Radio Resource Control Reconfiguration Complete message to the target donor base station confirming handover of the IAB node base station. Official notice is taken that this was well known in the art before the effective filing date of the claimed invention. Therefore it would have been obvious to the POSITA to include this step in Fujishiro-Chen’s handover procedure, the rationale being to ensure that proper handover is achieved.
Claim 16: Fujishiro-Chen discloses sending, by the IAB node base station to the target donor base station, a user equipment Radio Resource Control Reconfiguration Complete message confirming handover of the connected user equipment (Chen Fig. 10: the source node (IAB node base station in Fujishiro-Chen) confirms release of UE context, and therefore confirms handover, to the target base station).
Claim 17: Fujishiro-Chen discloses sending, by the IAB node base station, the user equipment Radio Resource Control Reconfiguration Complete message to the target donor base station responsive to receiving Radio Resource Control Reconfiguration Complete messages from all user equipment connected to the IAB node base station (Chen Fig. 10: “Release the UE context in source donor eNB.” The POSITA would understand that the UE Context Release Complete message would not be sent until all connected UE had been handed over).
Claim 18: see rejection of claim 15. Fujishiro-Chen further discloses a base station device comprising: an integrated access and backhaul (IAB) node base station held by a source donor base station (Fujishiro Fig. 1 and Fig. 5), the IAB node base station connected to a plurality of user equipment (Fujishiro Fig. 1; Chen Fig. 2 and pg. 22); the base station device configured to perform the method of claim 15.
Claims 19-20: see rejection of claims 16-17.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fujishiro-Chen in view of Kazmi, US 20130040558.
Claim 21 and 22: Fujishiro-Chen fails to disclose that the one or more measured parameters comprise: at least one of a moving speed of the IAB node base station; or a moving direction of the IAB node base station.
However, Kazmi discloses a relay node that performs mobility-based handovers, where a measurement report is delivered by the relay node, the report containing a measured parameter comprising a moving speed of the relay node (A movable relay node measures its moving speed and reports “the current state of its mobility” (i.e., its measured speed). ¶¶ 115-116, 146.).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Fujishiro-Chen with these teachings in Kazmi. This disclosure in Kazmi would have suggested enabling Fujishiro’s IAB node base station (which is a type of relay node: see Fujishiro ¶ 3) to act as a movable relay node, and to appropriately handle handovers of the IAB node base station based on this movement in order to ensure continued connectivity. The POSITA would have concluded that, for example, providing Fujishiro’s IAB node base station “in a movable vehicle such as a bus, train, ferry etc, primarily to serve UEs 107 in the movable vehicle, but also to serve UEs 107 in surrounding areas” (Kazmi ¶ 13) would have provided expanded capabilities and would have provided connectivity to more devices, and therefore would have improved the system.
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 ROBERT J HANCE whose telephone number is (571)270-5319. The examiner can normally be reached M-F 11:00am-7:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Fuelling can be reached at (571) 270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J HANCE/ Reexamination Specialist, Art Unit 3992
Conferees: /JOSEPH R POKRZYWA/ Primary Examiner, Art Unit 3992 /M.F/Supervisory Patent Examiner, Art Unit 3992
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