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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2021101840707, filed on 2-10-2021.
Response to Amendment
The amendment filed 1/14/2026 has been accepted and entered. Accordingly, claims 21, 26, 31, and 36 have been amended. Claims 21-40 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claims 21-40 on pages 8-9 of Remarks have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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, 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 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.
Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2023/0164669 A1), hereinafter “Liu”, in view of Fan et al. (English translation of CN 109246792 A), hereinafter “Fan”, in further view of Wang et al. (US 2022/0183067 A1), hereinafter referred to as Wang.
Claims 21-30 are directed to method claims that recite similar limitations to apparatus claims 31-40. Therefore, the rejections for claims 21-30 are similar to those put forth in claims 31-40. The apparatus teaches the methods.
Re. Claim 31, Liu teaches the following limitations:
An apparatus, comprising: one or more processors, (¶0009 The device includes a processor, a transceiver, a memory and executable programs running on the processor.)
configured to: obtain a first group of parameters corresponding to a first mode, (¶0168-¶0169 the configuration information for the first type of UEs and the configuration information for the second type of UEs indicate different uplink access configurations for access [i.e. uplink access represents a first mode] …The SIB1 includes an initial uplink BWP information element (IE). The configuration information for the first type of UEs and the configuration information for the second type of UEs are carried by different initial uplink BWP IEs… the configuration information for the first type of UEs [i.e. first group of parameters] and the configuration information for the second type of UEs indicate different uplink access configurations for access. The SIB1 includes an initial uplink BWP information element (IE). & ¶0171 The configuration information for the first type of UEs and the configuration information for the second type of UEs are carried by a same initial uplink BWP IE [i.e. obtaining the first group parameters in the IE])
wherein the first group of parameters are predefined parameters corresponding to initial access, (¶0053 the initial access may be configured for the two types of UEs respectively based on the capabilities of the first type of UEs and the second type of UEs in an initial access phase of the two types of UEs. & ¶0171 The configuration information for the first type of UEs [i.e. first group of parameters corresponding to initial access] and the configuration information for the second type of UEs are carried by a same initial uplink BWP IE, and the same initial uplink BWP IE includes different random access channel common configurations for the first type of UEs and the second type of UEs.) *Examiner notes that only one limitation has been examined due to the presence of the word “or”.
Yet, Liu does not teach: and initiate, based on the first group of parameters, an initial access to the network device when there is a compatibility problem between the terminal device and the network device, wherein the compatibility problem is a parameter compatibility problem between the terminal device and the network device relating to a network in which the initial access is initiated.
However, in the analogous art, Fan teaches such a limitation:
and initiate, based on the first group of parameters, an initial access to the network device when there is a compatibility problem between the terminal device and the network device. (¶0005-¶0006 If it is registered with both the 4G and 5G core networks, the UE can initiate services to both the 4G and 5G core networks [i.e. being registered on the 4G network so it can initiate services requires a first group of parameters being configured for initial access to the networks, where 5G parameters would be mapped as a second group of parameters]. if a UE in a 5G non-connected state initiates access to the 5G core network, and the 5G core network rejects the UE access for some reason, the UE access fails and needs to return to the original state. ¶0067-¶0069 the UE may or may not have been registered on the 4G core network before sending the first access request… after the UE receives the information that the 5G core network rejects the first access request [i.e. compatibility problem during initial access], it can send a second access request through the wireless connection re-established with the 4G access network [i.e. initiate initial access (access request) based on first group of parameters (4G network configuration)]. ¶0076 the 4G/5G access network [i.e. 4G/5G network access through single device] transparently transmits the information of rejecting the first access request to the UE.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s invention of a configuration information method, communication device to include Fan’s teaching of initiating, upon a compatibility problem, initial access to a network device based on a first group of parameters, because It would enable the device to return to an original state based on a first group of parameters when initiating access to a network fails. (see Fan ¶0006)
Yet, the combined references do not explicitly teach: wherein the compatibility problem is a parameter compatibility problem between the terminal device and the network device relating to a network in which the initial access is initiated.
However, in the analogous art, Wang teaches such a limitation:
wherein the compatibility problem is a parameter compatibility problem between the terminal device and the network device relating to a network in which the initial access is initiated. (¶0039 In block S103, in response to a second operator to which the terminal belongs being different from the first operator, stopping a random access retry to the target base station and initiating random access to other base station except the target base station. In an embodiment, the terminal may read operator identity information from a SIM or UIM card, [i.e. operator identity information are parameters for terminal to connect to a specific network] in which the identity information may indicate that the terminal belongs to the second operator. & ¶0046 It may be understood that, when the first operator is different from the second operator, the terminal judges that a failure of the access may be due to a compatibility issue caused by different operators and the possibility that a access retry may solve the compatibility issue is not high. Therefore, in order to access the network as soon as possible, the terminal does not initiate new random access to the target base station, but initiates the new random access to other base station instead, [i.e. when a compatibility issue arises due to mismatched/incompatible parameters for network access, the device initiates access to a different base station to maintain connection to the network rather than retrying initial access on the base station with incompatible parameters] thereby avoiding the terminal in a state where its service is unavailable for a long time.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Fan’s invention of a configuration information method, communication device to include Wang’s teaching of the compatibility problem being a parameter compatibility problem between the terminal device and network device which causes the device to perform initial access based on a first set of configuration parameters, and allows a fallback service option to avoid the terminal being in a state where its service is unavailable for a long time. (see Wang ¶0046)
Re. Claim 32, Liu combined with Fan and Wang teaches claim 31.
Liu further teaches:
wherein the one or more processors are further configured to: determine the first group of parameters from at least two groups of parameters (¶0168-¶0169 the configuration information for the first type of UEs and the configuration information for the second type of UEs indicate different uplink access configurations for access [i.e. two configurations for access are two groups of parameters to determine from])
based on at least one of the following: a capability of the terminal device, (¶0053 the initial access may be configured for the two types of UEs respectively based on the capabilities of the first type of UEs and the second type of UEs in an initial access phase of the two types of UEs.)
Re. Claim 33, Liu combined with Fan and Wang teaches claim 31.
Fan further teaches:
wherein the one or more processors are further configured to: receive first indication information from the network device, (¶0017, 0028 the information for rejecting the first access request received includes: indication information. ¶0124 the 4G/5G access network sends the information of rejecting the first access request to the UE. [i.e. sending first indication information to terminal device])
wherein (¶0017 the information for rejecting the first access request includes: indication information on whether the 4G core network allows access.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Wang’s invention of a configuration information method, communication device to include Fan’s teaching of receiving first indication information indicating that the network device supports initial access, because it would enable the device to have knowledge that it can connect to the network in scenario where a first access request is rejected. (see Fan ¶0017)
Re. Claim 34, Liu combined with Fan and Wang teaches claim 31.
Fan further teaches:
wherein the one or more processors are further configured to: receive second indication information from the network device, (¶0076 the 4G/5G access network transparently transmits the information of rejecting the first access request [i.e. second indication information] to the UE.)
wherein the second indication information indicates that the compatibility problem exists between the terminal device and the network device, (¶0076 the 4G/5G access network transparently transmits the information of rejecting the first access request to the UE. [I.e. indicating a compatibility problem exists by rejecting the access request])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Wang’s invention of a configuration information method, communication device to include Fan’s teaching of receiving second indication information indicating that a compatibility problem exists between a terminal and a network device, because it would enable the device to have knowledge that a first access request is rejected so that it can respond accordingly. (see Fan ¶0017)
Re. Claim 35, Liu combined with Fan and Wang teaches claim 31.
Fan further teaches:
wherein the one or more processors are further configured to: send third indication information to the network device, (¶0009 when the user terminal receives information sent by the 5G core network rejecting the first access request, the user terminal initiates a second access request [i.e. third indication information] to the 4G core network and communicates with the 4G core network;)
wherein the third indication information indicates that the compatibility problem exists between the terminal device and the network device, (¶0062 After receiving the information rejecting the first access request, the UE sends a second access request to the 4G core network [I.e. second access request indicating a compatibility problem exists by rejection of the first access request])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Wang’s invention of a configuration information method, communication device to include Fan’s teaching of sending third indication information indicating that a compatibility problem exists between a terminal and a network device, because it would enable the device to have knowledge that a first access request is rejected so that it can respond accordingly. (see Fan ¶0017)
Re. Claim 36, Liu teaches:
A apparatus comprising: one or more processors, (¶0009 The device includes a processor, a transceiver, a memory and executable programs running on the processor.)
configured to: obtain a second group of parameters corresponding to a first mode, (¶0168-¶0169 the configuration information for the first type of UEs and the configuration information for the second type of UEs indicate different uplink access configurations for access [i.e. uplink access represents a first mode] …The SIB1 includes an initial uplink BWP information element (IE). The configuration information for the first type of UEs and the configuration information for the second type of UEs are carried by different initial uplink BWP IEs… the configuration information for the first type of UEs and the configuration information for the second type of UEs [i.e. second group of parameters] indicate different uplink access configurations for access. The SIB1 includes an initial uplink BWP information element (IE). & ¶0171 The configuration information for the first type of UEs and the configuration information for the second type of UEs are carried by a same initial uplink BWP IE [i.e. obtaining the first/second group parameters in the IE])
wherein the second group of parameters are predefined parameters corresponding to initial access, (¶0053 the initial access may be configured for the two types of UEs respectively based on the capabilities of the first type of UEs and the second type of UEs in an initial access phase of the two types of UEs. & ¶0171 The configuration information for the first type of UEs [i.e. first /second group of parameters corresponding to initial access] and the configuration information for the second type of UEs are carried by a same initial uplink BWP IE, and the same initial uplink BWP IE includes different random access channel common configurations for the first type of UEs and the second type of UEs.) *Examiner notes that only one limitation has been examined due to the presence of the word “or”.
Yet, Liu does not teach: and when a compatibility problem exists between the terminal device and the network device, accept, based on the second group of parameters, an initial access initiated by the terminal device.
However, in the analogous art, Fan teaches such a limitation:
and when a compatibility problem exists between the terminal device and the network device, accept, based on the second group of parameters, an initial access initiated by the terminal device. (¶0005-¶0006 If it is registered with both the 4G and 5G core networks, the UE can initiate services to both the 4G and 5G core networks [i.e. being registered on the 4G network so it can initiate services requires a first group of parameters being configured for initial access to the networks, where network side 4G registration parameters would be mapped as a second group of parameters]. if a UE in a 5G non-connected state initiates access to the 5G core network, and the 5G core network rejects the UE access for some reason, the UE access fails and needs to return to the original state. ¶0067-¶0069 the UE may or may not have been registered on the 4G core network before sending the first access request… after the UE receives the information that the 5G core network rejects the first access request [i.e. compatibility problem during initial access], it can send a second access request through the wireless connection re-established with the 4G access network [i.e. initiate initial access (second access request) based on second group of parameters (network side 4G access configuration)]. ¶0076 the 4G/5G access network [i.e. 4G/5G network access through single device] transparently transmits the information of rejecting the first access request to the UE.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu’s invention of a configuration information method, communication device to include Fan’s teaching of initiating, upon a compatibility problem, initial access to a network device based on a first group of parameters, because It would enable the device to return to an original state based on a first group of parameters when initiating access to a network using a second group of parameters fails. (see Fan ¶0006)
Yet, the combined references do not explicitly teach: wherein the compatibility problem is a parameter compatibility problem between the terminal device and the network device relating to a network in which the initial access is initiated.
However, in the analogous art, Wang teaches such a limitation:
wherein the compatibility problem is a parameter compatibility problem between the terminal device and the network device relating to a network in which the initial access is initiated. (¶0039 In block S103, in response to a second operator to which the terminal belongs being different from the first operator, stopping a random access retry to the target base station and initiating random access to other base station except the target base station. In an embodiment, the terminal may read operator identity information from a SIM or UIM card, [i.e. operator identity information are parameters for terminal to connect to a specific network] in which the identity information may indicate that the terminal belongs to the second operator. & ¶0046 It may be understood that, when the first operator is different from the second operator, the terminal judges that a failure of the access may be due to a compatibility issue caused by different operators and the possibility that a access retry may solve the compatibility issue is not high. Therefore, in order to access the network as soon as possible, the terminal does not initiate new random access to the target base station, but initiates the new random access to other base station instead, [i.e. when a compatibility issue arises due to mismatched/incompatible parameters for network access, the device initiates access to a different base station to maintain connection to the network rather than retrying initial access on the base station with incompatible parameters] thereby avoiding the terminal in a state where its service is unavailable for a long time.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Fan’s invention of a configuration information method, communication device to include Wang’s teaching of the compatibility problem being a parameter compatibility problem between the terminal device and network device which causes the device to perform initial access based on a first set of configuration parameters, and allows a fallback service option to avoid the terminal being in a state where its service is unavailable for a long time. (see Wang ¶0046)
Re. Claim 37, Liu combined with Fan and Wang teaches claim 36.
Liu further teaches:
wherein the one or more processors are further configured to: determine the second group of parameters from at least two groups of parameters (¶0168-¶0169 the configuration information for the first type of UEs and the configuration information for the second type of UEs indicate different uplink access configurations for access [i.e. two configurations for access are two groups of parameters to determine from])
based on at least one of the following: a capability of the terminal device, a capability of the network device, a version of the terminal device, or a version of the network device (¶0053 the initial access may be configured for the two types of UEs respectively based on the capabilities of the first type of UEs and the second type of UEs in an initial access phase of the two types of UEs.)
Re. Claim 38, Liu combined with Fan and Wang teaches claim 36.
Fan further teaches:
wherein the one or more processors are further configured to: send first indication information to the terminal device, (¶0017 the information for rejecting the first access request includes: indication information & ¶0124 the 4G/5G access network sends the information of rejecting the first access request to the UE. [i.e. sending first indication information to terminal device])
wherein: the first indication information indicates a first group of parameters used by the terminal device during initiation of initial access to the network device in the first mode, (¶0168-¶0169 the configuration information for the first type of UEs and the configuration information for the second type of UEs indicate different uplink access configurations for access [i.e. uplink access represents a first mode] …The SIB1 includes an initial uplink BWP information element (IE). The configuration information for the first type of UEs and the configuration information for the second type of UEs are carried by different initial uplink BWP IEs… the configuration information for the first type of UEs [i.e. first group of parameters] and the configuration information for the second type of UEs indicate different uplink access configurations for access.)
and the first group of parameters correspond to the second group of parameters; (¶0053 the initial access may be configured for the two types of UEs respectively based on the capabilities of the first type of UEs and the second type of UEs in an initial access phase of the two types of UEs. & ¶0171 The configuration information for the first type of UEs [i.e. first and second groups of parameters both correspond to initial access to network device] and the configuration information for the second type of UEs are carried by a same initial uplink BWP IE, and the same initial uplink BWP IE includes different random access channel common configurations for the first type of UEs and the second type of UEs.) *Examiner notes that only one limitation has been examined due to the presence of the word “or”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Wang’s invention of a configuration information method, communication device to include Fan’s teaching of receiving first indication information indicating that the network device supports initial access, because it would enable the device to have knowledge that it can connect to the network in scenario where a first access request is rejected. (see Fan ¶0017)
Re. Claim 39, Liu combined with Fan and Wang teaches claim 36.
Fan further teaches:
wherein the one or more processors are further configured to: send second indication information to the terminal device, (¶0076 the 4G/5G access network transparently transmits the information of rejecting the first access [i.e. second indication information] request to the UE.)
wherein the second indication information indicates that the compatibility problem exists between the terminal device and the network device, (¶0076 the 4G/5G access network transparently transmits the information of rejecting the first access request to the UE. [i.e. indication information for indicating a compatibility problem where network access request is rejected])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Wang’s invention of a configuration information method, communication device to include Fan’s teaching of receiving second indication information indicating that a compatibility problem exists between a terminal and a network device, because it would enable the device to have knowledge that a first access request is rejected so that it can respond accordingly. (see Fan ¶0017)
Re. Claim 40, Liu combined with Fan and Wang teaches claim 36.
Fan further teaches:
wherein the one or more processors are further configured to: receive third indication information from the terminal device, (¶0009 when the user terminal receives information sent by the 5G core network rejecting the first access request, the user terminal initiates a second access request [i.e. third indication information received] to the 4G core network and communicates with the 4G core network;)
wherein the third indication information indicates that the compatibility problem exists between the terminal device and the network device, (¶0062 After receiving the information rejecting the first access request, the UE sends a second access request to the 4G core network without having to determine whether the 4G core network allows access based on the information rejecting the first access request.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Liu and Wang’s invention of a configuration information method, communication device to include Fan’s teaching of sending third indication information indicating that a compatibility problem exists between a terminal and a network device, because it would enable the device to have knowledge that a first access request is rejected so that it can respond accordingly. (see Fan ¶0017)
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 GARY A MILLER whose telephone number is (571)272-4423. The examiner can normally be reached Mon-Fri 8 to 5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Song can be reached at 571-270-3667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/G.A.M./Examiner, Art Unit 2417
/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417