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 .
This Office Action is in response to claim amendment filed on June 26, 2026 and wherein claim 12 being cancelled, and claim 26 being new added.
In virtue of this communication, claims 1-11, 13-26 are currently pending in this Office Action.
The Office appreciates the explanation of the amendment and analyses of the prior arts, and however, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993) and MPEP 2145.
Response to Arguments
Applicant argue that Kim fails to teach "transmit, based on detection of the condition, an indication to trigger the CU to begin forwarding data to the UE via a second data path involving a second DU involved in the cell switch" as recited in claim 1 (Remakes, page 7) have been fully considered and the argument is not persuasive.
Applicant argue that “in Kim, data communication between the candidate DU and the CU is tied to step 3070B, which is triggered by the candidate DU confirming successful access, not by the CU receiving the indication from the DU at step 3065B” ((Remakes, page 8). The Examiner respectfully disagrees.
Kim discloses the condition for the cell switch, using L1/L2 triggered mobility LTM, based on the L1/L2 measurement, see para [0442], “The wireless device may transmit, for the network to determine to perform the LTM, a report comprising one or more measurements (e.g., L1 measurement and/or L3 measurement) of radio channel(s) over which the wireless device receives one or more reference signals from the network. The network may determine to perform (e.g., trigger and/or initiate) the LTM based on the report comprising the one or more measurements. The network may determine, based on the one or more measurements, which cell, among one or more cells configured for the LTM (e.g., as potential target cells for L1/L2 triggered mobility), is a target cell of the LTM.” and para [0462], “Based on the L1 measurement report, the serving DU may determine a handover and/or a cell switch using LTM”.
Kim further discloses the flow of CU to begin forwarding data to the UE via a second data path involving a second DU involved in the cell switch based on the L1/L2 triggered mobility LTM detection, see para n paragraph [0460-0462] and Fig. 30, wherein wireless device send L1 measurement to Serving DU in 3065A, serving DU determine L1/L2 triggered mobility LTM condition for a handover or cell switch in step 3060, when switch condition satisfied, serving DU send cell switch command to wireless device 3001 in step 3065A and notify CU for the cell switch in step 3065B, and then wireless device perform synchronization between candidate DU and wireless device in step 3070A, after the synchronization success, candidate DU notify CU of the successful connection between candidate DU and wireless device in step 3070B. After that, CU start to forward data to wireless device via candidate DU in step 3070B and 3075A. serving DU is reading as a first DU, and candidate DU is reading as a second DU.
For the reasons discussed above, the rejection under 35 U.S.C. 102 for Claims 1, 9, 24 and 25 are maintained.
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.
(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.
Claims 1-4, 9-11, 23-26 are rejected under 35 U.S.C.102(a)(2) as being anticipated by Kim et al. (US 20240147328 A1, hereinafter Kim).
Claim 1: Kim teaches An apparatus (Fig. 15B, element 1530, [0031], “FIG. 15B shows example elements of a computing device that may be used to implement any of the various devices described herein”), comprising: at least one memory (Fig. 15B, element 1533, 1534, 1535, 1532) comprising computer-executable instructions, and one or more processors (Fig. 15B, element 1531, 1537) configured to execute the computer-executable instructions and cause the apparatus to ([0205], “The computing device 1530 may include one or more processors 1531, which may execute instructions stored in the random-access memory (RAM) 1533, the removable media 1534”):
detect a condition related to a cell switch of a user equipment (UE) (Fig. 30, element 3001) that supports dynamic mobility signaling via physical (PHY) layer ([0046], “ FIG. 30 shows an example of inter-DU L1/L2 triggered mobility”) or medium access control (MAC) layer signaling (alternative), wherein the condition is detected while a first data path between a centralized unit (CU) (Fig. 30, element 3004) and the UE via a first distributed unit (DU) (Fig. 30, element 3002) is active (Fig.30, element 3060, [0460], “FIG. 30 shows example of inter-DU L1/L2 triggered mobility. The inter-DU LTM may refer to a handover or cell switch using LTM from a source cell of a first DU to a target cell of a second DU”, [0462], “the wireless device may transmit L1 measurement report (e.g., L1 measurements in FIG. 30) to the serving DU of the base station (e.g., at step 3055). Based on the L1 measurement report, the serving DU may determine a handover and/or a cell switch using LTM (e.g., at step 3060)”);
and transmit, based on detection of the condition (Kim discloses the condition for the cell switch, using L1/L2 triggered mobility LTM based on the L1 measurement, see para [0442], “The wireless device may transmit, for the network to determine to perform the LTM, a report comprising one or more measurements (e.g., L1 measurement and/or L3 measurement) of radio channel(s) over which the wireless device receives one or more reference signals from the network. The network may determine to perform (e.g., trigger and/or initiate) the LTM based on the report comprising the one or more measurements. The network may determine, based on the one or more measurements, which cell, among one or more cells configured for the LTM (e.g., as potential target cells for L1/L2 triggered mobility), is a target cell of the LTM.” and para [0462], “Based on the L1 measurement report, the serving DU may determine a handover and/or a cell switch using LTM”), an indication to trigger the CU to begin forwarding data to the UE via a second data path involving a second DU involved in the cell switch (Fig. 30, [0460-0462], Kim further discloses the flow of CU to begin forwarding data to the UE via a second data path involving a second DU involved in the cell switch based on the L1/L2 triggered mobility LTM detection. wherein wireless device send L3 and/or L1 measurement to Serving DU in 3065A, serving DU determine L1/L2 triggered mobility LTM condition for a handover or cell switch in step 3060, when LTM switch condition satisfied, serving DU send cell switch command to wireless device 3001 in step 3065A and notify CU for the cell switch in step 3065B, and then wireless device perform synchronization between candidate DU and wireless device in step 3070A, after the synchronization success, candidate DU notify CU for the successful connection between wireless device and candidate DU in step 3070B, after that, CU forward data to wireless device via candidate DU in step3070B and 3075A. serving DU is reading as a first DU, and candidate DU is reading as a second DU).
Claim 24 is a method of Claim 1, and is analyzed and rejected according to claim 1.
Claim 9: Kim teaches an apparatus (Fig. 15B, element 1530, [0031], “FIG. 15B shows example elements of a computing device that may be used to implement any of the various devices described herein”), comprising: at least one memory (Fig. 15B, element 1533, 1534, 1535) comprising computer-executable instructions; and one or more processors (Fig. 15B, element 1531) configured to execute the computer-executable instructions and cause the apparatus to ([0205], “The computing device 1530 may include one or more processors 1531, which may execute instructions stored in the random-access memory (RAM) 1533, the removable media 1534”):
receive, from a first distributed unit (DU) (Fig. 30, element 3002), an indication of a pending cell switch of a user equipment (UE) (Fig. 30, element 3001) that supports dynamic mobility signaling via physical (PHY) layer ([0046], “ FIG. 30 shows an example of inter-DU L1/L2 triggered mobility”) or medium access control (MAC) layer signaling (alternative), wherein the indication is received while a first data path between a centralized unit (CU) (Fig. 30, element 3004) and the UE via the first DU (Fig. 30, element 3002) is active (Fig.30, elements 3065A, 3065B [0460], “FIG. 30 shows example of inter-DU L1/L2 triggered mobility. The inter-DU LTM may refer to a handover or cell switch using LTM from a source cell of a first DU to a target cell of a second DU”, [0461-0462], disclose a wireless device may send a L3 and/or L1 measurement report to serving DU, the serving DU may determine a handover and/or a cell switch using LTM at step 3060, after the LTM decision, the serving DU inform the wireless device with a L1/L2 signaling to indicate the determining via cell switch command 3065A, the serving DU may transmit to the CU a message via LTM trigger Step 3065B to indicate the transmitting the L1/L2 signaling to the wireless device, the serving DU informing the CU that LTM trigged Cell switch with target cell ID in step 3065B , it is serving the same function as the serving DU indicating CU on the cell switch.);
and initiate, based on the indication, forwarding of data to the UE via a second data path involving a second DU involved in the cell switch (Fig. 30, elements 3070B, 3075A, [0462], disclose after wireless device receive cell switch command in 3065A, wireless device start to perform synchronization between candidate DU and wireless device in step 3070A, after the synchronization success, candidate DU notify CU for the successful connection between wireless device and candidate DU in step 3070B, after that, CU forward data to wireless device via candidate DU in step3070B and 3075A. wherein serving DU is reading as a first DU, and candidate DU is reading as a second DU).
Claim 25 is a method of Claim 9, and is analyzed and rejected according to claim 9.
Claim 2: Kim teaches the apparatus of claim 1, wherein the condition involves at least one of: the first DU transmitting a cell switch command to the UE (Fig. 30, element 3040, 3065A, [0461], “The serving DU may transmit to the wireless device the RRC reconfiguration message for configuring the one or more LTM candidates”, [0462], “The serving DU of the base station may transmit to the wireless device a L1/L2 signaling (e.g., L/L2 signal in FIG. 30) indicating the determining (e.g., at step 3065A)” ) ; the first DU receiving, from the UE, acknowledgment of a cell switch command (Fig. 30, element 3045, [0461], “The wireless device may send an RRC reconfiguration complete message to the serving DU (e.g., at step 3045)”); a physical (PHY) layer measurement report from the UE (Fig. 30, element 3055, [0462], “ the wireless device may transmit L1 measurement report (e.g., L1 measurements in FIG. 30) to the serving DU of the base station (e.g., at step 3055)”); or a time period prior to triggering the cell switch (alternative).
Claim 3: Kim teaches the apparatus of claim 2, wherein the one or more processors are further configured to cause the apparatus to receive, from the CU, configuration information indicating at least one of: a condition related to the PHY layer measurement report (Fig., 30, element 3035, [0461], “the CU may transmit to the serving DU a DL RRC message transfer message comprising an RRC reconfiguration to be transmitted to the wireless device (e.g., at step 3035). For example, the RRC reconfiguration may comprise one or more LTM configurations. Each LTM configuration of the one or more LTM configurations
may be associated with a respective target cell (e.g., candidate cell) and/or may comprise a respective LTM configuration parameters used by the wireless device for (or during) an LTM to the respective target cell.”, [0444], “the one or more messages (e.g., a LTM configuration of the one or more LTM configurations) may comprise one or more resource configurations (e.g., CSI-ResourceConfig IE) … The one or more resource configurations and/or the one or more report configurations may be for the L1 measurement of the L1/L2 triggered mobility… The one or more report configurations may indicate parameter(s) and/or value(s) that may be contained in a report comprising a L1 measurement) or the time period (alternative).
Claim 10 is analyzed and rejected according to Claim 9 and Claim 3.
Claim 4: Kim teaches the apparatus of claim 1, wherein the indication comprises at least one of: a target cell identifier (ID) (Fig. 30, [0462], “The serving DU transmitting the L1/L2 signaling to the wireless device may transmit to the CU a message (e.g., LTM trigger in FIG. 30) indicating the transmitting the L1/L2 signaling to the wireless device (e.g., at step 3065B). The message may indicate an identity and/or identifier (ID) of the target cell”); an indication of a time to trigger the cell switch (alternative); or a report indicating one or more packets that were successfully or unsuccessfully transmitted from the first DU to the UE (Alternative).
Claim 11 is analyzed and rejected according to Claim 9 and Claim 4.
Claim 23: Kim teaches the apparatus of claim 9, wherein the first DU and second DU are a same DU, such that the first data path and second data path terminate at the same DU (Fig. 29, [0456], “FIG. 29 shows example of intra-DU LTM. The intra-DU LTM may refer to a handover or cell switch using LTM from a source cell of a DU to a target cell of the same DU”).
Claim 26: Kim teaches the apparatus of claim 1, wherein the indication is transmitted prior to the cell switch of the UE being triggered (Fig. 30, Step 3065B, [0462], the serving DU may determine a handover and/or a cell switch using LTM at step 3060, after the LTM decision, the serving DU inform the wireless device with a L1/L2 signaling to indicate the determining via cell switch command 3065A, the serving DU may transmit to the CU a message via LTM trigger Step 3065B to indicate the transmitting the L1/L2 signaling to the wireless device, and step 3065B is transmitted prior to UE perform synchronization with candidate DU at 3070A).
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.
Claims 5- 8, 13-18, 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20240147328 A1, hereinafter Kim) in view of Ode et al. (US 20210274406 A1, hereinafter Ode).
Claim 5: Kim does not explicitly teach the apparatus of claim 1, wherein the indication is transmitted via at least one of: an application protocol (AP) message or a user plane (UP) message.
Ode, from the same or similar field of endeavor, teaches wherein the indication is transmitted via at least one of: an application protocol (AP) message (alternative) or a user plane (UP) message (Fig. 5, [0045], “inter-DU switching process of the wireless communication system 1 according to the first embodiment…., and the first DU 21A in wireless communication with the UE 3 transmits the user data to the UE 3 in the wireless communication system 1. The CU 22 in the gNB 4 transmits the user data (PDCP PDU) to the first DU 21A and the second DU 21B through the F1 line 6 (step S11)”. Fig. 10, Fig.11,element 6A, [0101], “A CU 22 of gNB 4 illustrated in FIG. 10 includes a CU-UP 22A that is a CU for a user plane, and a CU-CP 22B that is a CU for a control plane …The CU-UP 22A is connected to a UPF 11 with an NG line 5A for the user plane, and is connected to a first DU 21A and a second DU 21B with an F1 line 6A for the user plane”, wherein data exchange between CU and DU via F1-U LINE (U-PLANE), Fig. 8, element Xd LINE 8, [0092], “the Xd line 8 transmits control signals on the control plane and user data on the user plane).
Kim and Ode are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Kim and the features of the indication is transmitted via a user plane (UP) message as taught by Ode, wherein using F1 interface with split CU-UP and CU-CP architecture for inter-DU switching is well known (paragraph [0095-0099]).
Claim 6: Kim does not explicitly teach the apparatus of claim 1, wherein the indication is transmitted to a user plane (UP) of the CU.
Ode, from the same or similar field of endeavor, teaches wherein the indication is transmitted to a user plane (UP) of the CU (Fig. 5, [0045], “inter-DU switching process of the wireless communication system 1 according to the first embodiment…., and the first DU 21A in wireless communication with the UE 3 transmits the user data to the UE 3 in the wireless communication system 1. The CU 22 in the gNB 4 transmits the user data (PDCP PDU) to the first DU 21A and the second DU 21B through the F1 line 6 (step S11)”. Fig. 10, Fig.11,element 6A, [0101], “A CU 22 of gNB 4 illustrated in FIG. 10 includes a CU-UP 22A that is a CU for a user plane, and a CU-CP 22B that is a CU for a control plane …The CU-UP 22A is connected to a UPF 11 with an NG line 5A for the user plane, and is connected to a first DU 21A and a second DU 21B with an F1 line 6A for the user plane”, Fig. 8, element Xd LINE 8, [0092], “the Xd line 8 transmits control signals on the control plane and user data on the user plane).
The motivation for combining Kim and Ode regarding to the claim 5 is also applied to claim 6.
Claim 13 is analyzed and rejected according to Claim 9 and Claim 6.
Claim 7: Kim teaches the apparatus of claim 6, wherein the indication is bearer-specific (alternative) or UE-specific ([0496], “for each candidate target cell, a source base station may indicate cell common parameter(s) and/or wireless device specific parameter(s) (e.g., SSBs/CSI-RSs, BWPs, RACH resources, PDCCH/PDSCH/PUCCH/PUSCH resources etc.) … The L1/L2 measurement report may comprise layer 1 RSRP, layer 1 RSRQ, PMI, RI, layer 1 SINR, CQI, etc”, [0462], “The L1/L2 signaling may indicate a target cell of the candidate target cell and/or a configuration, associated with the target cell, among the configuration for LTM”, [0461], “LTM configuration of the one or more LTM configurations may be associated with a respective target cell (e.g., candidate cell) and/or may comprise a respective LTM configuration parameters used by the wireless device for (or during) an LTM to the respective target cell”).
Claim 14 is analyzed and rejected according to Claim 13 and Claim 7.
Claim 8: The combination of Kim and Ode teaches the apparatus of claim 6, Ode additionally teaches wherein the indication is carried on a first user plane interface (Fig. 5, element S15, S18, S23A, [0045], “inter-DU switching process of the wireless communication system 1 according to the first embodiment…., and the first DU 21A in wireless communication with the UE 3 transmits the user data to the UE 3 in the wireless communication system 1. The CU 22 in the gNB 4 transmits the user data (PDCP PDU) to the first DU 21A and the second DU 21B through the F1 line 6 (step S11)”, Fig. 10, Fig.11,element 6A, [0101], “A CU 22 of gNB 4 illustrated in FIG. 10 includes a CU-UP 22A that is a CU for a user plane, and a CU-CP 22B that is a CU for a control plane …The CU-UP 22A is connected to a UPF 11 with an NG line 5A for the user plane, and is connected to a first DU 21A and a second DU 21B with an F1 line 6A for the user plane”) of the UE and applies to at least a second user plane interface of the UE (Fig. 5, elements S27, S31, [0050], “The first DU 21A and the second DU 21B execute an inter-DU switching process for switching the wireless communication with the UE 3 from the first DU 21A to the second DU 21B in response to the path switching request (step S26)”, [0051], “The CU 22 transmits the user data to the second DU 21B using the F1 line 6 (step S27)”).
The motivation for combining Kim and Ode regarding to the claim 5 is also applied to claim 8.
Claim 15 is analyzed and rejected according to Claim 13 and Claim 8.
Claim 16: The combination of Kim and Ode teaches the apparatus of claim 13, Ode further teaches wherein the one or more processors are further configured to cause the apparatus to activate one or more user plane interfaces towards the second DU, in response to receiving the indication (Fig. 10,element 6A, [0101], “A CU 22 of gNB 4 illustrated in FIG. 10 includes a CU-UP 22A that is a CU for a user plane, and a CU-CP 22B that is a CU for a control plane …The CU-UP 22A is connected to a UPF 11 with an NG line 5A for the user plane, and is connected to a first DU 21A and a second DU 21B with an F1 line 6A for the user plane”, Fig. 5, [0049-0051], disclose CU process path switch from first DU to second DU, after path switch, the UE 3 communicates the user data with CU via the second DU 21B using the F1 line 6).
The motivation for combining Kim and Ode regarding to the claim 5 is also applied to claim 16.
Claim 17: The combination of Kim and Ode teaches the apparatus of claim 16, wherein the one or more processors are further configured to cause the apparatus to configure, via a control plane (CP) of the CU (Ode, Fig. 10, Fig.11,element 6A, [0101], “A CU 22 of gNB 4 illustrated in FIG. 10 includes a CU-UP 22A that is a CU for a user plane, and a CU-CP 22B that is a CU for a control plane …The CU-UP 22A is connected to a UPF 11 with an NG line 5A for the user plane, and is connected to a first DU 21A and a second DU 21B with an F1 line 6A for the user plane”, Fig. 8, element Xd LINE 8, [0092], “the Xd line 8 transmits control signals on the control plane and user data on the user plane”), a mapping between the indication from the first DU and bearer contexts to be activated towards the second DU (Kim, [0099], “The RRC context, which may be referred to as a wireless device context (e.g., the UE context), may comprise parameters for communication between the wireless device and the base station. These parameters may comprise, for example, one or more of: AS contexts; radio link configuration parameters; bearer
configuration information (e.g., relating to a data radio bearer, a signaling radio bearer, a logical channel, a QoS flow, and/or a PDU session)”, Fig. 30, element 3015, 3020, 3025,
3030, [0461], “The CU may send a wireless device context setup request message to a candidate DU (e.g., at step 3015) … The CU may send a wireless device context request message (e.g., UE context modification request at step 3025 in FIG. 30) to the serving DU, indicating the candidate target cells for LTM”).
The motivation for combining Kim and Ode regarding to the claim 5 is also applied to claim 17.
Claim 18: Kim teaches the apparatus of claim 17, wherein the mapping comprises a mapping from an old bearer to a new bearer, based on an old bearer ID (alternative) or an ID of a target cell and a new bearer ID ([0099], “The RRC context, which may be referred to as a wireless device context (e.g., the UE context), may comprise parameters for communication between the wireless device and the base station. These parameters may comprise, for example, one or more of: AS contexts; radio link configuration parameters; bearer configuration information (e.g., relating to a data radio bearer, a signaling radio bearer, a logical channel, a QoS flow, and/or a PDU session) … The wireless device may report these measurements to a serving base station (e.g., the base station currently serving the wireless device). The serving base station of the wireless device may request a handover to a cell of one of the neighboring base stations”, Fig. 30, element 3015, 3020, 3025, 3030, 3040, 3045, 3050 [0461], “The CU may send a wireless device context setup request message to a candidate DU (e.g., at step 3015) … The CU may send a wireless device context request message (e.g., UE context modification request at step 3025 in FIG. 30) to the serving DU, indicating the candidate target cells for LTM … the CU may transmit to the serving DU a DL RRC message transfer message comprising an RRC reconfiguration to be transmitted to the wireless device (e.g., at step 3035)”).
Claim 20: The combination of Kim and Ode teaches the apparatus of claim 13, wherein the one or more processors are further configured to cause the apparatus to, in response to reception of the indication, deactivate at least one of: one or more user plane interfaces (Ode, Fig. 10,element 6A, [0101], “A CU 22 of gNB 4 illustrated in FIG. 10 includes a CU-UP 22A that is a CU for a user plane, and a CU-CP 22B that is a CU for a control plane …The CU-UP 22A is connected to a UPF 11 with an NG line 5A for the user plane, and is connected to a first DU 21A and a second DU 21B with an F1 line 6A for the user plane”, Fig. 5, [0049-0051], disclose CU process path switch from first DU to second DU, after path switch, the UE 3 communicates the user data with CU via the second DU 21B using the F1 line 6 ) towards the first DU (Kim, Fig. 30, element 3075A, 3070B, [0460], “The inter-DU LTM may refer to a handover or cell switch using LTM from a source cell of a first DU to a target cell of a second DU (e.g., different from the first DU)”); or one or more user plane interfaces towards a third DU serving a candidate cell that was not selected for the cell switch (alternative).
The motivation for combining Kim and Ode regarding to the claim 5 is also applied to claim 20.
Claim 21: The combination of Kim and ODE teaches the apparatus of claim 20, wherein the one or more processors are further configured to cause the apparatus to configure, via a control plane (CP) of the CU (ODE, Fig. 10,element 6A, [0101], “A CU 22 of gNB 4 illustrated in FIG. 10 includes a CU-UP 22A that is a CU for a user plane, and a CU-CP 22B that is a CU for a control plane …The CU-UP 22A is connected to a UPF 11 with an NG line 5A for the user plane, and is connected to a first DU 21A and a second DU 21B with an F1 line 6A for the user plane”, Fig. 5, [0049-0051], disclose CU process path switch from first DU to second DU, after path switch, the UE 3 communicates the user data with CU via the second DU 21B using the F1 line 6. [0097], “The CU-CP 22B executes, for the UE 3, a switching process between the DUs under the same CU 22 on the basis of the measurement results of the first DU 21A and the second DU 21B … The UE 3 executes a switching process with another DU 21 under the same CU 22”), a mapping between the indication from the first DU and bearer contexts to be deactivated (Kim, ([0099], “The RRC context, which may be referred to as a wireless device context (e.g., the UE context), may comprise parameters for communication between the wireless device and the base station. These parameters may comprise, for example, one or more of: AS contexts; radio link configuration parameters; bearer configuration information (e.g., relating to a data radio bearer, a signaling radio bearer, a logical channel, a QoS flow, and/or a PDU session)”, Fig. 30, element 3015, 3020, 3025, 3030, 3035, 3045, 3050 [0461], “The CU may send a wireless device context setup request message to a candidate DU (e.g., at step 3015) … The CU may send a wireless device context request message (e.g., UE context modification request at step 3025 in FIG. 30) to the serving DU, indicating the candidate target cells for LTM … the CU may transmit to the serving DU a DL RRC message transfer message comprising an RRC reconfiguration to be transmitted to the wireless device (e.g., at step 3035)”).
The motivation for combining Kim and Ode regarding to the claim 5 is also applied to claim 21.
Claim 22: The combination of Kim and Ode teaches the apparatus of claim 13, Ode additionally teaches wherein, in case of CU user plane (UP) relocation, the CU UP is triggered by the indication to forward data packets to a new CU UP based on a configuration from a CU control plane (CU CP) (Fig. 6, [0072], “The first DU 21A transfers, after executing the inter-DU switching process in step S26, to the CU 22 … When the CU 22 receives the user data (MAC SDU, RLC SDU, and PDCP SDU) from the first. DU 21A, it transfers the user data to the second DU 21B (step S42). Then, the CU 22 proceeds to step S27 to transmit the user data to the second DU 21B”, [0074], “The first DU 21A transfers, to the second DU 21B, untransmitted and/or undelivered user data and control information related to the user data via the CU 22”, [0097], “The CU-CP 22B executes, for the UE 3, a switching
process between the DUs under the same CU 22 on the basis of the measurement results of the first DU 21A and the second DU 21B … The UE 3 executes a switching process with another DU 21 under the same CU 22”, [0081], “The F1 communication unit 32 in the CU 22 requests the DU 21 under the same CU 22, for example, the second DU 21B under the same CU 22, to set up the Xd line 8 … the setup of the Xd line 8 may be the same as the setup process of the F1 line 6 and an E1 line … the E1 line is a line of an E1 interface in which the CU 22 is separated for a user plane and a control plane and connects a CU-UP and a CU-CP ”).
The motivation for combining Kim and Ode regarding to the claim 5 is also applied to claim 22.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20240147328 A1, hereinafter Kim) in view of Ode et al. (US 20210274406 A1, hereinafter Ode), and further in view of Oumer et al. (US 20230147845 A1, hereinafter Oumer)
Claim 19: The combination of Kim and Ode teaches the apparatus of claim 16, wherein in order to activate one or more user plane interfaces towards the second DU, the one or more processors are further configured to: retransmit of unsuccessfully delivered bearer protocol data units (PDUs) to the UE via the second DU (Kim, [0080], “The PDCPs 214 and 224 may perform retransmissions of undelivered packets, in-sequence delivery and reordering of packets, and/or removal of packets received in duplicate due to, for example, a handover (e.g., an intra-gNB handover)”, Fig. 34, Fig. 35A, Fig.35A illustrate PDCP data recovery is set for inter-DU cell switch, [0506], “The BS 3490 may implement layer 1 and/or layer 2 triggered mobility (LTM). … LTM switching may be performed without a reconfiguration associated with the RRC layer”, [0519], “cell switching (e.g., LTM cell switching) may be performed by wireless device 3510a … The switch from cell 3541 to cell 3551 is an inter-group (e.g., inter-DU) switch from DU 3540 to DU 3550. Accordingly, wireless device 3510 may reset MAC, re-establish RLC, and/or perform PDCP data recovery”, [0099], “The RRC context, which may be referred to as a wireless device context (e.g., the UE context), may comprise parameters for communication between the wireless device and the base station. These parameters may comprise, for example, one or more of: AS contexts; radio link configuration parameters; bearer configuration information (e.g., relating to a data radio bearer, a signaling radio bearer, a logical channel, a QoS flow, and/or a PDU session)”), and transmit new bearer PDUs to the UE via the second DU (Ode, Fig. 6, [0057], “ the CU 22 selects the DU 21 having the best uplink wireless channel quality (in this case, it is assumed that the second uplink wireless channel quality measured by the second DU 21B is higher than the first uplink wireless channel quality measured by the first DU 21A), and notifies the second DU 21B to switch the connection destination from the first DU 21A to the second DU 21B. The CU 22 notifies the first DU 21A and the second DU 21B that the connection destination of the UE 3 is switched from the first DU 21A to the second DU 21B”
Kim, [0462], “Based on receiving the L1/L2 signaling, the wireless device may switch serving cell to the target cell”).
However, Kim does not explicitly teach wherein the unsuccessfully delivered PDUs are identified in the indication.
Oumer, from the same or similar field of endeavor, teaches wherein the unsuccessfully delivered PDUs are identified in the indication (0059], “The PDCP data recovery or PDCP re-establishment RRC signaling indicating that at least one transmitted PDCP packet has not been received may include an Information Element indicating that the at least one transmitted PDCP packet should be retransmitted”).
Kim and Oumer are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Kim and the features of identifying the unsuccessfully delivered PDUs in the indication as taught by Oumer, for the benefit of allowing only to retransmit the unsuccessfully delivered PDUs, thus reducing data traffic.
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.
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/Y.Z./Examiner, Art Unit 2472
/NICHOLAS A JENSEN/ Supervisory Patent Examiner, Art Unit 2472
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