DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The instant first office action is in response to communication filed on 01/27/2026.
Elected claims 1-10, 14-15, 19-20 are pending of which claims 1 and 6 are the base independent claims.
Election/Restrictions
Applicant’s election without traverse of group I in the reply filed on 01/27/2026 is acknowledged.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities:
Regarding claim 1, it is recited “the method comprising the apparatus:…”. since claim 1 is directed to a method claim instead of a system claim, the Examiner suggests that the Applicant rewrites the preamble by removing “the apparatus” in line 2 and move it to the body of claimed invention. For example, communicate, by the apparatus, ….detecting, by the apparatus, …
Appropriate correction is required.
Allowable Subject Matter
Claims 4 and 9 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.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-8, 10, 15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mali et al (US 2017/0070904).
Regarding claim 1, Mali’904 discloses a method for an apparatus(see fig.4, which shows UE 115a as apparatus), the method comprising the apparatus:
communicating with a serving node(see para.0056, which discusses UE 115-a may be connected to and communicating with base station 105-a as serving node via downlink 405 and uplink 410) of a wireless network(see fig.1, which shows wireless network 100, see fig.4, see para.0030, 0079);
detecting an uplink imbalance(see para.0057, which discusses UE 115-a may detect the UL/DL imbalance) in communications between the serving node and wireless device(see also fig.4 405 and 410, see para.0056, which discusses UE 115-a may be capable of receiving communications from base station 105-a within geographic coverage area 110-a (e.g., by using the diversity antenna or by combining signals received at the primary and diversity antennas); however, UE 115-a may not reliably transmit to base station 105-a outside of transmission coverage area 420-a) of the wireless network(see fig.1, which shows wireless network 100, see fig.4, see para.0030, 0079); and
based on the detecting(see para.0057, which discusses UE 115-a may detect the UL/DL imbalance, see para.0059), initiating a transition for the wireless device to communicate with a neighbor node of the wireless network as a new serving node(see para.0059, which discusses based on the detection of the UL/DL imbalance to trigger a search for other cells (e.g., the cell associated with base station 105-b as neighbor node of the wireless network as a new serving node)… UE 115-a may determine that the cell associated with base station 105-b is a reselection candidate and may connect to and, upon entering a connected mode, begin communicating with base station 105-b via communication link 415 , see fig.1, 4, thus initiating transition to base station 105-b as new serving node).
Regarding claim 2, 7, Mali’904 discloses wherein: the serving node is a base station or(due to or alternative language, only one of them is being considered) an access point (see fig.4, which shows serving base station 105-a is a base station, see para.0027); and
the neighbor node is a base station or(due to or alternative language, only one of them is being considered) an access point(see fig.4, which shows the neighbor node 105-b is a base station, see para.0027).
Regarding claim 3, 8, Mali’904 discloses wherein:
the serving node(see fig.4, which shows serving base station 105-a is a base station, see para.0027)is a licensed or(due to or alternative language, only one of them is being considered) unlicensed node(see para.0031, which discusses base stations 105 may be macro cells, small cells, hot spots, or the like, see para.0077, which discusses a small cell is a lower-powered base station, as compared with a macro cell, that may operate in the same or different (e.g., licensed, unlicensed, etc.) frequency bands as macro cells, thus licensed/unlicensed); and
the neighbor node(see fig.4, which shows the neighbor node 105-b is a base station, see para.0027) is a licensed or (due to or alternative language, only one of them is being considered)unlicensed node e(see para.0031, which discusses base stations 105 may be macro cells, small cells, hot spots, or the like, see para.0077, which discusses a small cell is a lower-powered base station, as compared with a macro cell, that may operate in the same or different (e.g., licensed, unlicensed, etc.) frequency bands as macro cells, hus licensed/unlicensed).
Regarding claim 5, 10, Mali’904 discloses wherein the apparatus is the wireless device(see fig.4, which shows UE 115a as apparatus, see para.0032, which discusses A UE 115 may also be referred to as a mobile station, a subscriber station, a remote unit, a wireless device, an access terminal, a handset, a user agent, a client, or some other suitable terminology. A UE 115 may also be a cellular phone, a wireless modem, a handheld device, a personal computer, a tablet, a personal electronic device, a machine type communication (MTC) device or the like); and
further comprising the wireless device:
measuring downlink signal strengths of two or(due to or alternative language, only one of them is being considered) more neighbor nodes(see para.0059, which discusses For instance, UE 115-a may determine that the cell associated with base station 105-b is a reselection candidate and may connect to and, upon entering a connected mode, begin communicating with base station 105-b via communication link 415. Where the primary signal measurement is weaker than the diversity signal measurement, the search for other cells may be selected sooner, allowing the UE 115 to more quickly find and camp on a better cell associated with base station 105-b, thus measuring downlink signal strengths of 105b and other cells as two or more neighbor nodes); and
selecting the neighbor node having greatest downlink signal strength as the new serving node(see para.0059, which discusses UE 115-a may determine that the cell associated with base station 105-b is a reselection candidate and may connect to and, upon entering a connected mode, begin communicating with base station 105-b via communication link 415. Where the primary signal measurement is weaker than the diversity signal measurement, the search for other cells may be selected sooner, allowing the UE 115 to more quickly find and camp on a better cell associated with base station 105-b, thus selecting the neighbor node having greatest downlink signal strength).
Regarding claim 6, Mali’904 discloses an apparatus(see fig.4, which shows UE 115a as apparatus) comprising a wireless transceiver(see fig.7, which shows transceiver 735) and a processor(see fig.7, which shows processor 705) configured to control the wireless transceiver (see fig.7, which shows processor 705 configured to control transceiver 735 to communicate with base station 105c, see para.0070) to cause the apparatus to:
communicate with a serving node(see para.0056, which discusses UE 115-a may be connected to and communicating with base station 105-a as serving node via downlink 405 and uplink 410) of a wireless network(see fig.1, which shows wireless network 100, see fig.4, see para.0030, 0079);
detect an uplink imbalance(see para.0057, which discusses UE 115-a may detect the UL/DL imbalance) in communications between the serving node and wireless device(see also fig.4 405 and 410, see para.0056, which discusses UE 115-a may be capable of receiving communications from base station 105-a within geographic coverage area 110-a (e.g., by using the diversity antenna or by combining signals received at the primary and diversity antennas); however, UE 115-a may not reliably transmit to base station 105-a outside of transmission coverage area 420-a) of the wireless network(see fig.1, which shows wireless network 100, see fig.4, see para.0030, 0079); and
based on the detecting(see para.0057, which discusses UE 115-a may detect the UL/DL imbalance, see para.0059), initiate a transition for the wireless device to communicate with a neighbor node of the wireless network as a new serving node(see para.0059, which discusses based on the detection of the UL/DL imbalance to trigger a search for other cells (e.g., the cell associated with base station 105-b as neighbor node of the wireless network as a new serving node)… UE 115-a may determine that the cell associated with base station 105-b is a reselection candidate and may connect to and, upon entering a connected mode, begin communicating with base station 105-b via communication link 415 , see fig.1, 4, thus initiating transition to base station 105-b as new serving node).
Regarding claims 15 and 20, Mali’904 discloses wherein the apparatus is the wireless network(see para.0053, which discusses serving base station as wireless network); and
the method further comprising the wireless network:
receiving measured downlink signal strengths of two or more neighbor nodes from the wireless device(see para.0034, which discusses the UE 115 uses signal measurements (e.g., reference signal received power (RSRP), reference signal received quality (RSRQ), received signal strength indicator (RSSI), etc.) of signals received at the UE 115 for… measurement reporting, see para.0049, which discusses the UE may make neighboring cell signal measurements if the selected signal measurement for the serving cell is less than the cell reselection measurement trigger threshold, see para.0034, which discusses the UE 115 is statically configured to use the signal measurements associated with the antenna that receives the strongest signal for… measurement reporting, see para.0053, which discusses the UE may repeat (e.g., periodically) the foregoing process for subsequent signal measurements at the antennas by returning to step 305 to receive additional signals, see para.0028, thus receiving report of downlink signal strengths of neighboring nodes); and
selecting the neighbor node having greatest downlink signal strength(see para.0034, which discusses a base station 105 may use a measurement report for mobility procedures such as handover… the UE 115 is statically configured to use the signal measurements associated with the antenna that receives the strongest/greatest signal for mobility procedures and/or measurement reporting, see para.0053, the base station may use the mobility reporting event for triggering a mobility procedure (e.g., handover, etc.)) as the new serving node(see para.0049, which discusses measurements of neighboring cell signals received via the primary antenna may be compared with the selected primary signal measurement. And the result of the comparison may be used for selecting a new cell, see, see para.0059, see para.0039 & see para.0053, the multi-antenna device 200 may report the mobility event to the serving base station, which may result in a mobility procedure occurring, such as handover to a different base station, thus selecting neighbor node having strongest/greatest downlink signal strength).
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.
Claim(s) 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mali et al (US 2017/0070904) and further in view of Bin Samingan et al (US 2017/0331600).
Regarding claim 14 and 19, as discussed above, although Mali’904 discloses detecting an uplink imbalance(see para.0057, which discusses UE 115-a as apparatus may detect the UL/DL imbalance), Mali’904 does not explicitly show the use of “wherein the apparatus is the wireless network, which detects the uplink imbalance based on failure to receive one or more measurement reports from the wireless device” as required by present claimed invention. However, including “wherein the apparatus is the wireless network, which detects the uplink imbalance based on failure to receive one or more measurement reports from the wireless device” would have been obvious to one having ordinary skill in the art as evidenced by Bin Samingan’600.
In particular, in the same field of endeavor, Bin Samingan’600 teaches the use of wherein the apparatus is the wireless network(see fig.2 and see para.0037, which shows serving cell apparatus as wireless network receiving measurement report with A3 event trigger 203), which detects the uplink imbalance(see para.0045, the serving cell…due to power imbalance as uplink imbalance, thus detect uplink imbalance) based on failure to receive one or more measurement reports from the wireless device(see para.0045, which discusses serving cell…not receiving the event the event A3 measurement report….due to power imbalance as uplink imbalance, see at least fig.2).
In view of the above, having the system of Mali’904” and then given the well-established teaching of Bin Samingan’600, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Mali’904 to include “wherein the apparatus is the wireless network, which detects the uplink imbalance based on failure to receive one or more measurement reports from the wireless device” as taught by Bin Samingan’600, since Bin Samingan’600 stated in para.0010+ that such a modification would improve communication method and system for solving the issue of interference, and enhance the robustness of CoMP procedure in LTE wireless communication networks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Following prior arts are related to the present claimed invention:
Tabet et al(US 9,585,068) teaches, see at least fig.6, experiencing UL power limited condition…send measurement report to the serving to trigger transition of the wireless communication device from the serving to a second cell 600-630.
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/VINNCELAS LOUIS/Primary Examiner, Art Unit 2474