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 .
1. Claims 25-38 are pending. Claims 20-24 are withdrawn from consideration. Claims 1-19 are canceled.
Information Disclosure Statement
2. The Information Disclosure Statements dated 10/24/2024, 11/06/2024, 02/18/2025, 07/25/2025 and 03/25/2026 are acknowledged by the Examiner.
Response to Arguments
3. Applicant’s election of claims 25-38 in the reply filed on 05/08/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Specification
4. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The Examiner suggests amending to the title to include terms such as relay user equipment, radio bearer, access network and/or reconfiguration.
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 (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 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.
5. Claim(s) 25-28, 31-35 and 38 is/are rejected under 35 U.S.C. 102(a)(2) as being disclosed by Zhang et al, US 2023/0363035 hereafter Zhang.
As for claim 25, Zhang discloses:
A relay communication method, wherein the method is applied to a second user equipment (Fig. 5, [0017], The eRelay UE) or a chip of the second user equipment, the method comprising:
receiving, identification information of a first user equipment from the first user equipment; (Fig. 5, S5-5, [0023], The eRelay UE receives from the eRemote UE a Service Request in including the eRemote UE identity, e.g., Globally Unique Temporary UE Identity (GUTI), Serving-Temporary Mobile Subscriber Identity (S-TMSI))
establishing, a relay path to a second access network device in response to the receiving the identification information of the first user equipment from the first user equipment, wherein the second user equipment is configured to provide a relay service for the first user equipment; (FIG. 5, 5-9, 5-10, [0023]-[0029], The eRelay UE establishes a relay path for forwarding all the messages between the eRemote UE and eNB using RAN specified L2 relay method in response to receiving the eRemote UE identity [0029] S5-10. The uplink data from the eRemote UE can now be forwarded by the eRelay UE and the eNB to the Serving Gateway (SGW).)
and sending, a second request to the second access network device, wherein the second request is used to request to establish the relay path for the first user equipment. (Fig. 5, 5-5, [0023], [0028]-[0029], The eRelay UE sends the NAS service request for establishing the relay path in steps S5-9 and S5-10. The Examiner interprets the second request to be the request sent/forwarded from the eRelay UE to the eNode B.)
As for claims 26 and 33, Zhang discloses:
wherein the identification information of the first user equipment comprises a radio network temporary identifier of the first user equipment, a layer 2 L2 identifier of the first user equipment, or a temporary identifier of the first user equipment. ([0023], eRemote UE identity, e.g., Globally Unique Temporary UE Identity (GUTI), Serving-Temporary Mobile Subscriber Identity (S-TMSI))
As for claims 27 and 34, Zhang discloses:
the second request comprises the identification information of the first user equipment. ([0023] S5-5. If the INDIRECT_COMMUNICATION_REQUEST was accepted, the eRemote UE sends a Service Request (eRemote UE identity, e.g., GUTI, S-TMSI) to the eRemote UE's MME. The Service Request message is encapsulated in an RRC message to the eNB.)
As for claims 28 and 35, Zhang discloses:
wherein the method further comprises: receiving a radio resource control connection reconfiguration message from the second access network device. (Zhang, Fig. 6, [0162] the RL UE is configured, by the network node based on an RRC reconfiguration message received from the network node, to support the relay service in an RRC reconfiguration process with the network node.)
As for claims 31 and 38, Zhang discloses broadcasting a discovery message. (Zhang, [0125] the RM UE may discover and select a relay connection (also called a relay path))
As for claim 32, Zhang discloses:
A communication apparatus, (Fig. 5, [0017], The eRelay UE) comprising:
a processor; and a memory coupled to the processor with computer program code stored thereon, wherein the computer program code comprises computer instructions that, when executed by the processor, (Fig. 19, [0445], The UE 1930 further comprises software 1931, which is stored in or accessible by the UE 1930 and executable by the processing circuitry 1938.) enable the processor to:
receive identification information of a first user equipment from the first user equipment; (Fig. 5, S5-5, [0023], Receiving from the eRemote UE a Service Request (eRemote UE identity, e.g., Globally Unique Temporary UE Identity (GUTI), Serving-Temporary Mobile Subscriber Identity (S-TMSI))
establish a relay path to a second access network device in response to the receiving the identification information of the first user equipment from the first user equipment, wherein the second user equipment is configured to provide a relay service for the first user equipment; (FIG. 5, 5-9, 5-10, [0023]-[0025], [0028]-[0029], The eNB performs the radio bearer establishment procedure. The eRelay UE forwards all the messages between the eRemote UE and eNB using RAN specified L2 relay method. [0029] S5-10. The uplink data from the eRemote UE can now be forwarded by the eRelay UE and the eNB to the Serving Gateway (SGW). The SGW forwards the uplink data to the Public Data Network (PDN) Gateway (PGW).)
and send a second request to the second access network device, wherein the second request is used to request to establish the relay path for the first user equipment. (Fig. 5, 5-5, [0023], [0028]-[0029], The eRelay UE sends the NAS service request for establishing the relay path in steps S5-9 and S5-10. The Examiner interprets the second request to be the request sent/forwarded from the eRelay UE to the eNode B.)
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.
6. Claim(s) 29-30 and 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Tsai et al, US 2022/0124573 hereafter Tsai.
As for claims 29 and 36, Zhang discloses configuring a radio bearer between the second user equipment and the second access network device and a sidelink radio bearer between the second user equipment and the first user equipment (Zhang, Fig. 5, [0028] S5-9. The eNB performs the radio bearer establishment procedure according to clause 5.3.4 in TS 23.401. The eRelay UE forwards all the messages between the eRemote UE and eNB using RAN specified L2 relay method. [0029] S5-10. The uplink data from the eRemote UE can now be forwarded by the eRelay UE and the eNB to the Serving Gateway (SGW).
Zhang does not explicitly disclose based on the radio resource control connection reconfiguration message.
However, Tsai discloses based on the radio resource control connection reconfiguration message. (Tsai, Fig. 6, [0082]-[0084] In step S609, the relay UE performs an RRC reconfiguration procedure with the new serving gNB. During the RRC reconfiguration procedure, the relay UE may receive an RRC Reconfiguration message from the new serving gNB. The RRC Reconfiguration message includes the RB mapping configuration for the relay service to be recovered.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhang with based on the radio resource control connection reconfiguration message as taught by Tsai to provide more efficient recover from sidelink relay failure. (Tsai, [0029])
As for claims 30 and 37, Zhang does not explicitly disclose forwarding to the second access network device, a radio link control connection reconfiguration complete message from the first user equipment.
However, Tsai discloses forwarding to the second access network device, a radio link control connection reconfiguration complete message from the first user equipment (Tsai, Fig. 6, [0085] In step S612, forwarding via the relay UE replies to the new serving gNB with an RRC Reestablishment Complete message from the remote UE)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhang with forwarding to the second access network device, a radio link control connection reconfiguration complete message from the first user equipment as taught by Tsai to provide more efficient recover from sidelink relay failure. (Tsai, [0029])
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Cheng et al, US 2024/0022981 [0125] The UE 804 performs a random access channel (RACH) procedure 840 to establish an access link connection with the target PN 812. The UE 804 may use the configuration information for the target PN 812 included in the RRC reconfiguration message 836 to establish the access link connection. [0126] The UE 804 transmits an RRC reconfiguration complete message 842 that is received by the target PN 812. In the illustrated example, the UE 804 transmits the RRC reconfiguration complete message 842 to the target PN 812 via the target AN 810. For example, the UE 804 may transmit the RRC reconfiguration complete message 842 to the target AN 810 via the sidelink connection 839, and the target AN 810 may forward the RRC reconfiguration complete message 842 to the target PN 810 via the second network interface 811.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM.
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, IAN MOORE can be reached at (571)272-3085. 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.
JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469
Prosecution Insights