Detailed Action
1. This Action is in response to Applicant's Patent Application filed on December 11, 2023. Claims 1-18 are currently pending in the present application. This Action is made Non-Final.
America Invents Act (AIA ) Information
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement(s) submitted within this application (has/have) been considered by the Examiner and made of record in the application file.
Claim Rejections - 35 USC § 103
4. 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.
5. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
6. 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.
7. 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.
8. Claims 1, 3-7, 9-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Belghoul; Farouk et al. (US 20180227960 A1), hereafter “Belghoul,” in view of Susitaival; Riikka et al. (US 20160255551 A1), hereafter “Susitaival.”
Consider claim 1, Belghoul discloses a method of a first communication node (fig. 1, #102A), comprising: adding the first communication node as a primary secondary cell (PSCell) to a second communication node through dual connectivity (DC) (see par. 0083: “The request may include an indication that the wireless device is capable of maintaining substantially concurrent connections with the first and second network nodes. Further, the wireless device may be configured to receive, via the first radio, an indication that dual connectivity with the first and second network nodes has been established.” Examiner’s Analysis: the wireless device is configured for dual connectivity involving first and second network nodes); transmitting information on the first user plane path and the first instance to a terminal (see par. 0113: “the network node may transmit the dynamic resource allocation. In some embodiments, the network node may transmit a downlink control index (DCI) that may specify the dynamic resource allocation”); receiving user data based on the first user plane path from the terminal as the first instance (see par. 0098: “In some embodiments, as further described below, the UE may indicate (e.g., via a transmitted message) to an eNB, e.g., such as eNB 602, its UL RF capabilities (e.g., dual connectivity between 5G NR and LTE) and necessary timing to switch between the two connections (or bands).” Examiner’s Analysis: UE transmits and network receives); and transmitting the user data to a core network using the first user plane path (see par. 0090: “Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 612a may interface via a master cell group (MCG) bearer to EPC network 600 whereas PDCP layer 612b may interface via a split bearer with EPC network 600.” and par. 0091: “gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604.”).
Belghoul, however, does not particular refer to the following limitation taught by Susitaival, in analogous art; generating a first user plane path for smart dynamic switching (SDS) and a first instance for supporting the first user plane path according to a request from the second communication node (see fig. 15, par. 0083: “a user plane protocol architecture for bearer split at a wireless device, according to some embodiments. FIG. 12B illustrates the protocol stack for one split bearer. UE 110 includes PDCP module 150, RLC Modules 152a and 152b, and MAC modules 154a and 154b. As illustrated, UE 110 maintains two RLC modules 152 for the split bearer.” and pars. 0118-019: “[0118] At step 1512, the wireless device communicates data for uplink transmission from its PDCP module to a first RLC module. For example, wireless device 110 may communicate data for uplink transmission from PDCP 150 to RLC 152a for eventual transmission to first network node 120a (MeNB).[0119] At step 1514, the wireless device obtains an indication to switch transmission of uplink data to the second network node. For example, wireless device 110 may obtain an indication to switch transmission of uplink data from first network node 120a (MeNB) to second network node 120b (SeNB).” Examiner’s note: Susitaival discloses user-plane routing paths from PDCP toward different RLC entities/network nodes, corresponding to dynamically selectable user-plane paths).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Belghoul and have it include the teachings of Susitaival. The motivation would have been in order to provide switching between the different user-planes (see pars. 0083 and 0118-019).
Consider claim 3 in view of claim 1 above. Belghoul further discloses wherein the first instance is a master cell group (MCG) radio link control (RLC) instance, and
the first user plane path is a user plane path generated between an MCG packet data
convergence protocol (PDCP) instance of the second communication node and the MCG RLC instance (see fig. 6B, par. 0090: “As shown, eNB 602 may include a medium access control (MAC) layer 632 that interfaces with radio link control (RLC) layers 622a-b. RLC layer 622a may also interface with packet data convergence protocol (PDCP) layer 612a and RLC layer 622b may interface with PDCP layer 612b. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 612a may interface via a master cell group (MCG) bearer to EPC network 600 whereas PDCP layer 612b may interface via a split bearer with EPC network 600.”).
Consider claim 4 in view of claim 3 above. Belghoul further discloses receiving downlink user data of an MCG bearer from the MCG PDCP of the second
communication node; and transmitting the downlink user data to the terminal using the MCG RLC (see fig. 6B, par. 0091: “as shown, gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer. Thus, eNB 602 may be considered a master node (MeNB) while gNB 604 may be considered a secondary node (SgNB)”).
Consider claim 5 in view of claim 1 above. Belghoul further discloses wherein the first instance is an MCG RLC instance, and the first user plane path is a user plane path generated between an MCG PDCP instance of the first communication node and the MCG RLC instance (see pars. 0090 and 0091).
Consider claim 6 in view of claim 5 above. Belghoul further discloses receiving downlink user data of an MCG bearer from a core network using the MCG PDCP instance; and transmitting the downlink user data to the terminal using the MCG RLC instance (see fig. 6B, par. 0091: “as shown, gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer. Thus, eNB 602 may be considered a master node (MeNB) while gNB 604 may be considered a secondary node (SgNB)”).
Consider claim 7 in view of claim 1 above. Belghoul further discloses wherein the request from the second communication node further includes a core network for the SDS, control interface configuration information of the first communication node, and bearer information terminated in the second communication node, and the method further includes (see fig. 6B, par. 0090: “PDCP layer 612a may interface via a master cell group (MCG) bearer to EPC network 600 whereas PDCP layer 612b may interface via a split bearer with EPC network 600”): setting a control interface between the core network and the first communication node according to the control interface configuration information; and
generating bearers terminated in the first communication node that replaces bearers
terminated in the second communication node based on the bearer information terminated in the second communication node (see par. 0091: “gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer”).
Consider claim 9 in view of claim 7 above. Belghoul further wherein the request from the second communication node further includes the control interface and information on second instances for supporting the bearers terminated in the first communication node, and the method further includes (see par. 0091: “In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer.”): generating the control interface and the second instances for supporting the bearers terminated in the first communication node; generating second user plane paths according to the second instances (see par. 0047: “each UE 106 may also be capable of receiving signals from (and possibly within communication range of) one or more other cells (which might be provided by base stations 102B-N and/or any other base stations), which may be referred to as “neighboring cells”. Such cells may also be capable of facilitating communication between user devices and/or between user devices and the network 100. Such cells may include “macro” cells, “micro” cells, “pico” cells, and/or cells which provide any of various other granularities of service area size”); transmitting the second user plane paths and the information on the second instances to the terminal; receiving the user data based on the second user plane paths from the terminal to the second instances; and transmitting the user data to the core network using the second user plane paths (see par. 0091: “as shown, gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer.”).
Consider claim 10 in view of claim 9 above. Belghoul further discloses wherein the second instances are an MCG PDCP instance, a secondary cell group (SCG) PDCP instance, a split PDCP instance and an MCG RLC instance when the bearers terminated in the first communication node are an MCG bearer, an SCG
bearer, and a split bearer, and the second user plane paths include a path via the MCG PDCP instance and the MCG RLC instance, a path via the SCG PDCP instance and the SCG RLC instance, and a path via the split PDCP instance and the split RLC instance (see fig. 6B, par. 0090: “PDCP layer 612a may interface via a master cell group (MCG) bearer to EPC network 600 whereas PDCP layer 612b may interface via a split bearer with EPC network 600” and par. 0091: “as shown, gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer. Thus, eNB 602 may be considered a master node (MeNB) while gNB 604 may be considered a secondary node (SgNB)”).
Consider claim 11 in view of claim 7 above. Belghoul further discloses receiving downlink user data of an MCG bearer or an SCG bearer from the core network
through the control interface; transmitting the downlink user data to the terminal;
receiving downlink user data of a split bearer from the core network through the control
interface; and transmitting the downlink user data to the terminal (see fig. 6B, par. 0091: “as shown, gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer. Thus, eNB 602 may be considered a master node (MeNB) while gNB 604 may be considered a secondary node (SgNB)”).
Consider claim 12, Belghoul discloses a method of a terminal (fig. 1, #106A), comprising: connecting the terminal to a first communication node added as a primary secondary cell (PSCell) to a second communication node through dual connectivity (DC); (see par. 0083: “The request may include an indication that the wireless device is capable of maintaining substantially concurrent connections with the first and second network nodes. Further, the wireless device may be configured to receive, via the first radio, an indication that dual connectivity with the first and second network nodes has been established.” Examiner’s Analysis: the wireless device is configured for dual connectivity involving first and second network nodes).
Belghoul, however, does not particular refer to the following limitation taught by Susitaival, in analogous art; receiving a first user plane path for smart dynamic switching (SDS) and information on a first instance for supporting the first user plane path from the first communication node; and generating a second instance corresponding to the first instance(see fig. 15, par. 0083: “a user plane protocol architecture for bearer split at a wireless device, according to some embodiments. FIG. 12B illustrates the protocol stack for one split bearer. UE 110 includes PDCP module 150, RLC Modules 152a and 152b, and MAC modules 154a and 154b. As illustrated, UE 110 maintains two RLC modules 152 for the split bearer.” and pars. 0118-019: “[0118] At step 1512, the wireless device communicates data for uplink transmission from its PDCP module to a first RLC module. For example, wireless device 110 may communicate data for uplink transmission from PDCP 150 to RLC 152a for eventual transmission to first network node 120a (MeNB).[0119] At step 1514, the wireless device obtains an indication to switch transmission of uplink data to the second network node. For example, wireless device 110 may obtain an indication to switch transmission of uplink data from first network node 120a (MeNB) to second network node 120b (SeNB).” Examiner’s note: Susitaival discloses user-plane routing paths from PDCP toward different RLC entities/network nodes, corresponding to dynamically selectable user-plane paths).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Belghoul and have it include the teachings of Susitaival. The motivation would have been in order to provide switching between the different user-planes (see pars. 0083 and 0118-019).
Consider claim 13 in view of claim 12 above. Belghoul further generating user data via the first user plane path; and transmitting the user data as the first instance using the second instance (see par. 0113: “the network node may transmit the dynamic resource allocation. In some embodiments, the network node may transmit a downlink control index (DCI) that may specify the dynamic resource allocation”).
Consider claim 14 in view of claim 12 above. Belghoul further discloses receiving information on bearers terminated in the first communication node that replaces bearers terminated in the second communication node and information on second user plane paths related to bearers terminated in the first communication node (see fig. 6B, par. 0090: “PDCP layer 612a may interface via a master cell group (MCG) bearer to EPC network 600 whereas PDCP layer 612b may interface via a split bearer with EPC network 600”): generating user data via the second user plane path; and transmitting the user data to the first communication node (see par. 0091: “gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer”).
Consider claim 15, Belghoul discloses a first communication node (fig. 1, #102A), comprising: a processor (fig. 4 #404), wherein the processor operates to cause the first communication node to: be added, as a primary secondary cell (PSCell), to a second communication node through dual connectivity (DC) (see par. 0083: “The request may include an indication that the wireless device is capable of maintaining substantially concurrent connections with the first and second network nodes. Further, the wireless device may be configured to receive, via the first radio, an indication that dual connectivity with the first and second network nodes has been established.” Examiner’s Analysis: the wireless device is configured for dual connectivity involving first and second network nodes); transmit the first user plane path and information on the first instance to a terminal (see par. 0113: “the network node may transmit the dynamic resource allocation. In some embodiments, the network node may transmit a downlink control index (DCI) that may specify the dynamic resource allocation”); receive user data based on the first user plane path from the terminal as the first instance (see par. 0098: “In some embodiments, as further described below, the UE may indicate (e.g., via a transmitted message) to an eNB, e.g., such as eNB 602, its UL RF capabilities (e.g., dual connectivity between 5G NR and LTE) and necessary timing to switch between the two connections (or bands).” Examiner’s Analysis: UE transmits and network receives); and transmit the user data to a core network using the first user plane path (see par. 0090: “Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 612a may interface via a master cell group (MCG) bearer to EPC network 600 whereas PDCP layer 612b may interface via a split bearer with EPC network 600.” and par. 0091: “gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604.”).
Belghoul, however, does not particular refer to the following limitation taught by Susitaival, in analogous art; generate a first user plane path for smart dynamic switching (SDS) and a first instance for supporting the first user plane path according to a request from the second communication node(see fig. 15, par. 0083: “a user plane protocol architecture for bearer split at a wireless device, according to some embodiments. FIG. 12B illustrates the protocol stack for one split bearer. UE 110 includes PDCP module 150, RLC Modules 152a and 152b, and MAC modules 154a and 154b. As illustrated, UE 110 maintains two RLC modules 152 for the split bearer.” and pars. 0118-019: “[0118] At step 1512, the wireless device communicates data for uplink transmission from its PDCP module to a first RLC module. For example, wireless device 110 may communicate data for uplink transmission from PDCP 150 to RLC 152a for eventual transmission to first network node 120a (MeNB).[0119] At step 1514, the wireless device obtains an indication to switch transmission of uplink data to the second network node. For example, wireless device 110 may obtain an indication to switch transmission of uplink data from first network node 120a (MeNB) to second network node 120b (SeNB).” Examiner’s note: Susitaival discloses user-plane routing paths from PDCP toward different RLC entities/network nodes, corresponding to dynamically selectable user-plane paths).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Belghoul and have it include the teachings of Susitaival. The motivation would have been in order to provide switching between the different user-planes (see pars. 0083 and 0118-019).
Consider claim 17 in view of claim 15 above. Belghoul further wherein the request from the second communication node further includes a core network for the SDS, control interface configuration information of the first communication node, and bearer information terminated in the second communication node, and the processor operates to cause the first communication node to (see par. 0091: “In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer.”): set the control interface between the core network and the first communication node according to the control interface configuration information (see par. 0047: “each UE 106 may also be capable of receiving signals from (and possibly within communication range of) one or more other cells (which might be provided by base stations 102B-N and/or any other base stations), which may be referred to as “neighboring cells”. Such cells may also be capable of facilitating communication between user devices and/or between user devices and the network 100. Such cells may include “macro” cells, “micro” cells, “pico” cells, and/or cells which provide any of various other granularities of service area size”); generate bearers terminated in the first communication node that replaces bearers terminated in the second communication node based on the bearer information terminated in the second communication node (see par. 0091: “as shown, gNB 604 may include a MAC layer 634 that interfaces with RLC layers 624a-b. RLC layer 624a may interface with PDCP layer 622b of eNB 602 via an X2 interface for information exchange and/or coordination (e.g., scheduling of a UE) between eNB 602 and gNB 604. In addition, RLC layer 624b may interface with PDCP layer 614. Similar to dual connectivity as specified in LTE-Advanced Release 12, PDCP layer 614 may interface with EPC network 600 via a secondary cell group (SCG) bearer.”).
Allowable Subject Matter
9. Claim(s) 2, 8, 16, 18 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
10. The following prior arts are made of record and not relied upon, but is considered pertinent to applicant's disclosure:
US 20220236827 A1: discloses smart dynamic switching may be realized, which improves the user experience…
WO 2014179982 A1: discloses Method For Dual Connectivity In Wireless Network Nodes…
11. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Marcos Batista, whose telephone number is (571) 270-5209. The Examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm.
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, Rafael Pérez-Gutiérrez can be reached at (571) 272-7915. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MARCOS BATISTA/Primary Examiner, Art Unit 2642
May 11, 2026
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