DETAILED ACTION
The following communication is in response to the application filed on December 13, 2023.
Claims 2-21 are pending in the application. Claim 1 has been canceled.
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 .
Information Disclosure Statement
The information disclosure statements submitted on 13 December 2023, 14 December 2023, 4 June 2024, and 4 December 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,889,368. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention of claims 1-16 of USPN 11,889,368 are obvious variants of claims 2-21 of the current application.
USPN 11,889,368 discloses, teaches, or suggests:
regarding claim 2 of the current application, a method implemented by a wireless transmit/receive unit (WTRU), the method comprising: receiving a configuration message from via a serving cell, wherein the configuration message comprises a configuration information for a candidate cell and a measurement condition for handover (HO) to the candidate cell, wherein the configuration information for the candidate cell comprises reference signal information for measurements associated with the measurement condition, determining to initiate HO to the candidate cell based on the measurement condition for HO to the candidate cell being satisfied; and performing random access on the candidate cell based on the measurement condition for HO to the candidate cell being satisfied, wherein WTRU context information is indicated during the random access (see claim 1 of USPN 11,889,368);
regarding claim 3, the reference signal information indicates that the measurements associated with the measurement condition are to be performed on a synchronization signal of the candidate cell (see claim 1 of USPN 11,889,368);
regarding claim 4, the reference signal information indicates WTRU specific reference signals used to perform the measurements associated with the measurement condition (see claim 8 of USPN 11,889,368);
regarding claim 5, performing random access on the candidate cell based on the measurement condition for HO to the candidate cell being satisfied comprises: transmitting a preamble using physical random access channel (PRACH) resources of the candidate cell based on the measurement condition for HO to the candidate cell being satisfied; receiving a random access response (RAR), the RAR comprising scheduling information for an uplink transmission; and transmitting the uplink transmission, the uplink transmission scheduled by the RAR comprising the WTRU context information (see claim 1 of USPN 11,889,368);
regarding claim 6, the measurement condition is associated with a configured measurement offset value (see claim 2 of USPN 11,889,368);
regarding claim 7, receiving configuration information for a plurality of candidate cells and respective measurement conditions for HO to each of the plurality of candidate cells (see claim 3 of USPN 11,889,368);
regarding claim 8, the measurement condition corresponds to the WTRU determining that a measurement of the candidate cell is greater than a measurement of the serving cell by at least a configured offset amount (see claim 4 of USPN 11,889,368);
regarding claim 9, the measurement of the candidate cell is greater than the measurement of the serving cell by at least an offset amount (see claim 5 of USPN 11,889,368);
regarding claim 10, the measurement condition comprises a combination of multiple conditions (see claim 6 of USPN 11,889,368); and
regarding claim 11, the WTRU context information comprises a radio network temporary identifier (RNTI) for the WTRU in the serving cell (see claim 7 of USPN 11,889,368);
regarding claim 12, a wireless transmit/receive unit (WTRU) comprising a processor and memory, the processor and memory configured to: receive a configuration message from via a serving cell, wherein the configuration message comprises a configuration information for a candidate cell and a measurement condition for handover (HO) to the candidate cell, wherein the configuration information for the candidate cell comprises reference signal information for measurements associated with the measurement condition, determine to initiate HO to the candidate cell based on the measurement condition for HO to the candidate cell being satisfied; and perform random access on the candidate cell based on the measurement condition for HO to the candidate cell being satisfied, wherein WTRU context information is indicated during the random access (see claim 9 of USPN 11,889,368);
regarding claim 13, the reference signal information indicates that the measurements associated with the measurement condition are to be performed on a synchronization signal of the candidate cell (see claim 9 of USPN 11,889,368);
regarding claim 14, the reference signal information indicates WTRU specific reference signals used to perform the measurements associated with the measurement condition (see claim 16 of USPN 11,889,368);
regarding claim 15, the processor and memory configured to perform random access on the candidate cell based on the measurement condition for HO to the candidate cell being satisfied comprises the processor and memory being configured to: transmit a preamble using physical random access channel (PRACH) resources of the candidate cell based on the measurement condition for HO to the candidate cell being satisfied; receive a random access response (RAR), the RAR comprising scheduling information for an uplink transmission; and transmit the uplink transmission, the uplink transmission scheduled by the RAR comprising the WTRU context information (see claim 9 of USPN 11,889,368);
regarding claim 16, the measurement condition is associated with a configured measurement offset value (see claim 10 of USPN 11,889,368);
regarding claim 17, the processor and memory are configured to receive configuration information for a plurality of candidate cells and respective measurement conditions for HO to each of the plurality of candidate cells (see claim 11 of USPN 11,889,368);
regarding claim 18, the measurement condition corresponds to the processor and memory being configured to determine that a measurement of the candidate cell is greater than a measurement of the serving cell by at least a configured offset amount (see claim 12 of USPN 11,889,368);
regarding claim 19, the measurement of the candidate cell is greater than the measurement of the serving cell by at least an offset amount (see claim 13 of USPN 11,889,368);
regarding claim 20, the measurement condition comprises a combination of multiple conditions (see claim 14 of USPN 11,889,368); and
regarding claim 21, the WTRU context information comprises a radio network temporary identifier (RNTI) for the WTRU in the serving cell (see claim 15 of USPN 11,889,368).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to modify the invention of claims 1-16 of USPN 11,889,368 to teach the invention of claims 2-21 of the current application. The motivation for doing so would be to obtain a well-rounded intellectual protection of the invention.
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)(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.
Claims 2, 5-10, 12, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2010/0232327 (herein after “Kim”).
Kim discloses, teaches, or suggests:
regarding claims 2 and 12, a method implemented by a wireless transmit/receive unit (WTRU) (see Fig. 3, user terminal) comprising a processor and memory (see at least paragraph 57, a computer and a computer-readable recording medium), the processor and memory configured to perform the method comprising:
receiving a configuration message from via a serving cell, wherein the configuration message comprises a configuration information for a candidate cell and a measurement condition for handover (HO) to the candidate cell, wherein the configuration information for the candidate cell comprises reference signal information for measurements associated with the measurement condition (see at least Fig. 3, step S301, and paragraphs 40-43, the user terminal receives adjacent cell information and handover threshold information from a source base station, where reference parameters for deciding forward handover include the identifiers of base stations available for forward handover among the adjacent base stations, signal level threshold values for forward handover between target base station and the source base station, and time fulfilling the signal level threshold values for forward handover between target base station and the source base station),
determining to initiate HO to the candidate cell based on the measurement condition for HO to the candidate cell being satisfied (see at least paragraphs 42 and 43, the user terminal decides to perform the forward handover when an adjacent base station available to be a target base station among the adjacent base stations available for handover sends out signals equal to or stronger than the signals of the source base station by a predetermined level and the state where the signals are strong lasts longer than a predetermined time); and
performing random access on the candidate cell based on the measurement condition for HO to the candidate cell being satisfied, wherein WTRU context information is indicated during the random access (see at least Fig. 3, steps S303-S306 and paragraphs 44-48, the user terminal performs an initial random access procedure (or an individual procedure for forward handover) including a step of transmitting a preamble from the user terminal to the base station and the user terminal further transmits a handover request message including terminal information (i.e., WTRU context information));
regarding claims 5 and 15, performing random access on the candidate cell based on the measurement condition for HO to the candidate cell being satisfied comprises:
transmitting a preamble using physical random access channel (PRACH) resources of the candidate cell based on the measurement condition for HO to the candidate cell being satisfied (see at least paragraphs 43 and 44, when the handover is needed based on the signals from the adjacent base stations being equal to or stronger than the signals of the source base station by a predetermined level, the user terminal transmits a preamble to the base station during the initial random access procedure, which uses random access resources);
receiving a random access response (RAR), the RAR comprising scheduling information for an uplink transmission (see at least paragraph 45, in response to the random access procedure initiated by the user terminal, the target base station transmits a response including uplink synchronization control information (or uplink power control information) and information on the allocated uplink radio resources to the user terminal); and
transmitting the uplink transmission, the uplink transmission scheduled by the RAR comprising the WTRU context information (see at least Fig. 3, step S305 and paragraphs 45-46, upon receipt of the radio link control command including allocated uplink radio resources, the user terminal transmits a handover request message including terminal information (i.e., WTRU context information));
regarding claims 6 and 16, the measurement condition is associated with a configured measurement offset value (see at least paragraphs 42 and 43, the user terminal decides to perform the forward handover when an adjacent base station available to be a target base station among the adjacent base stations available for handover sends out signals equal to or stronger than the signals of the source base station by a predetermined level corresponding to a measurement offset value);
regarding claims 7 and 17, receiving configuration information for a plurality of candidate cells and respective measurement conditions for HO to each of the plurality of candidate cells (see at least Fig. 3, step S301, and paragraphs 40-43, the user terminal receives adjacent cell information and handover threshold information from a source base station, where reference parameters for deciding forward handover include the identifiers of base stations available for forward handover among the adjacent base stations, signal level threshold values for forward handover between target base station and the source base station, and time fulfilling the signal level threshold values for forward handover between target base station and the source base station);
regarding claims 8 and 18, the measurement condition corresponds to the WTRU determining that a measurement of the candidate cell is greater than a measurement of the serving cell by at least a configured offset amount (see at least paragraphs 42 and 43, the user terminal decides to perform the forward handover when an adjacent base station available to be a target base station among the adjacent base stations available for handover sends out signals equal to or stronger than the signals of the source base station by a predetermined level corresponding to a measurement offset value);
regarding claims 9 and 19, the measurement of the candidate cell is greater than the measurement of the serving cell by at least an offset amount (see at least paragraphs 42 and 43, the user terminal decides to perform the forward handover when an adjacent base station available to be a target base station among the adjacent base stations available for handover sends out signals equal to or stronger than the signals of the source base station by a predetermined level corresponding to a measurement offset value); and
regarding claims 10 and 20, the measurement condition comprises a combination of multiple conditions (see at least paragraphs 40-43, reference parameters for deciding forward handover include the identifiers of base stations available for forward handover among the adjacent base stations, signal level threshold values for forward handover between target base station and the source base station, and time fulfilling the signal level threshold values for forward handover between target base station and the source base station).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of U.S. Pub. No. 2016/0192261 (hereinafter “Wang”).
Regarding claims 11 and 21, Kim discloses, teaches, or suggests all of the subject matter of the claimed invention except the WTRU context information comprising a radio network temporary identifier (RNTI) for the WTRU in the serving cell.
However, in an analogous art, Wang discloses, teaches, or suggests the WTRU context information comprising a radio network temporary identifier (RNTI) for the WTRU in the serving cell (see at least Fig. 8, steps 3-5, and paragraphs 98 and 99, the UE transmits an RRC connection re-establishment request according to the UL allocation+TA for UE specified in step 4, where the RRC connection re-establishment request includes a source cell-radio network temporary identifier (C-RNTI)).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the use of the PCI and C-RNTI in a random access message according to transmission allocation information in the RAR as taught by Wang, in to the invention of Kim in order to reduce the data interruption time experienced by the UE in the handover process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2015/0079991 (Koskinen et al.) – measurement report and handover trigger conditions (see at least Fig. 3 and paragraphs 62-68).
U.S. Pub. No. 2016/0219475 (Kim) - information indicating handover conditions (e.g., radio channel quality threshold values, event condition information, timer information for handover, etc.,) about one or more base stations and random access procedure (see at least Fig. 11 and paragraphs 371-398).
U.S. Pub. No. 2017/0118690 (Patel et al.) – autonomous handover triggering events (see at least Fig. 2 and paragraphs 36-38).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Pawaris Sinkantarakorn whose telephone number is (571)270-1424. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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/PAO SINKANTARAKORN/Primary Examiner, Art Unit 2409 03/30/2026