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 .
The amendment filed 5/28/2026 has been entered.
Claims 2-3 are pending.
Claim 1 is canceled.
Claims 2-3 stand rejected.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a receiver configured to receive”, and “a controller configured to perform” in Claim 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (Pub. No.: US 20160044744 A1) in view of Min (Pub. No.: US 20240147543 A1), hereafter respectively referred to as Lee and Min.
In regard to Claim 2, Lee teaches A communication apparatus (UE, Para. 93, 167, FIGS. 11a, 16) configured to be connected to a master node (MeNB sends the RRCConnectionReconfiguration message to the UE, Para. 93, 167, FIGS. 11a, 16) associated with a master cell group (The MCG is a group of serving cells associated with the MeNB, Para. 80, 167, FIGS. 8, 11a) and to be connected to a secondary node (SeNB requests SCG modification, Para. 92, 167, FIG. 11a) associated with a secondary cell group (The SCG modification procedure is initiated by the SeNB and used to perform configuration changes of the SCG within the same SeNB, Para. 91, FIG. 11a. Configured SCG SCells in the SeNB, Para. 166, FIG. 16), the communication apparatus comprising: a receiver (FIG. 5 may represent a UE. The transceiver (135), Para. 61, FIG. 5) configured to receive a first radio resource control (RRC) Reconfiguration message (the MeNB sends the RRCConnectionReconfiguration message to the UE (S1103a), Para. 93, FIG. 11a. The UE receives a RRC reconfiguration message (S1603), Para. 168, FIG. 16) including information indicating a deactivation of the secondary cell group (the RRCConnectionReconfiguration message to the UE including the new radio resource configuration of SCG according to the SCG-Configuration (S1103a), Para. 93, FIG. 11a. A RRC reconfiguration message indicating a PSCell change procedure (S1603), Para. 168, FIG. 16. If the new PSCell different from the PSCell is added by the SCG change procedure, the UE deactivates the PSCell and all SCells except a new PSCell in the secondary BS (S1609). For the SeNB in which the old PSCell is included, the UE deactivates all configured SCG SCells, Para. 173, FIG. 16).
Lee teaches a controller (processor (110), Para. 61, FIG. 5) configured to perform the deactivation of the secondary cell group (the UE deactivates the PSCell and all SCells except a new PSCell in the secondary BS (S1609). For the SeNB in which the old PSCell is included, the UE deactivates all configured SCG SCells, Para. 173, FIG. 16) based on the reception of the first RRCReconfiguration message including the information indicating the deactivation of the secondary cell group (The RRC reconfiguration message includes at least one of i) an indication of the new PSCell; ii) an indication of changing from the PSCell to the new PSCell; iii) an indication of releasing of the PSCell and addition of the new PSCell, Para. 170, FIG. 16).
Lee teaches, wherein the controller (processor (110), Para. 61, FIG. 5) is configured to perform activation of a primary secondary cell (The RRC reconfiguration message includes at least one of i) an indication of the new PSCell; ii) an indication of changing from the PSCell to the new PSCell; iii) an indication of releasing of the PSCell and addition of the new PSCell, Para. 170, FIG. 16) and perform a random access procedure (If the new configuration requires synchronisation towards the SeNB, the UE performs the Random Access procedure (S1109a), Para. 95, FIG. 11a. PSCell in SCG can be changed with the SCG Modification procedure. The SeNB can decide whether the Random Access procedure is required, Para. 98, FIGS. 11a, 16).
Although Lee teaches the controller is configured to perform activation of a primary secondary cell and perform a random access procedure, Lee fails to teach wherein the controller is configured to, based on reception of a second RRCReconfiguration message, perform activation of a primary secondary cell and perform a random access procedure on the primary secondary cell, the second RRCReconfiguration message not including the information indicating the deactivation of the secondary cell group and including a reconfigurationWithSync information element.
Min teaches, wherein the controller is configured to, based on reception of a second RRCReconfiguration message (As shown in FIG. 4, when the MN transmits the RRC Reconfiguration to the UE 200, Para. 102, FIG. 4), perform activation of a primary secondary cell (Proposal 3: The target SCG activation state can be configured to active. The UE 200 may perform a PSCell random access if the target SCG activation state is configured to active in reconfigurationWithSync for the SCG, Para. 99, FIGS. 3, 4) and perform a random access procedure on the primary secondary cell (The UE 200 may perform a PSCell random access, Para. 99, FIGS. 3, 4. In a PSCell addition/change, when a radio base station (For example, gNB 100 B) transmits an RRC Reconfiguration to the UE 200, the UE 200 must immediately perform an RA procedure with the target PSCell, that is, transmit a RACH, Para. 104, FIGS. 1, 3, 4), the second RRCReconfiguration message not including the information indicating the deactivation of the secondary cell group (The target SCG activation state can be configured to active. The target SCG activation state is configured to active in reconfigurationWithSync for the SCG, Para. 99, FIGS. 3, 4) and including a reconfigurationWithSync information element (the RRC Reconfiguration may include reconfigurationWithSync, Para. 63, FIGS. 3, 4. Receipt of an RRC Reconfiguration message containing reconfigurationWithSync, Para. 80, FIGS. 3, 4. After receiving the reconfigurationWithSync, the control unit 240 may perform a reconfiguration of the SCell (PSCell) based on the reconfigurationWithSync when activation of the SCG is required, Para. 83, FIGS. 3, 4. When the MN transmits the RRC Reconfiguration to the UE 200 in the PSCell addition/change (adding or changing the PSCell), the RRC Reconfiguration includes the SCG RRC Reconfiguration. The SCG RRC Reconfiguration may include an information element such as reconfigurationWithSync, Para. 102, FIGS. 3, 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Min with the teachings of Lee since Min provides a technique for utilizing an RRC Reconfiguration message containing reconfigurationWithSync that configures a target SCG activation state to active for performing a PSCell random access, which can be introduced into the system of Lee to ensure random access in a new PSCell is performed by a UE and for configuring an appropriate activation state in response to an RRC Reconfiguration message containing reconfigurationWithSync.
In regard to Claim 3, Lee teaches A communication method executed by a communication apparatus (UE, Para. 93, 167, FIGS. 11a, 16) configured to be connected to a master node (MeNB sends the RRCConnectionReconfiguration message to the UE, Para. 93, 167, FIGS. 11a, 16) associated with a master cell group (The MCG is a group of serving cells associated with the MeNB, Para. 80, 167, FIGS. 8, 11a) and to be connected to a secondary node (SeNB requests SCG modification, Para. 92, 167, FIG. 11a) associated with a secondary cell group (The SCG modification procedure is initiated by the SeNB and used to perform configuration changes of the SCG within the same SeNB, Para. 91, FIG. 11a. Configured SCG SCells in the SeNB, Para. 166, FIG. 16), the communication method comprising: receiving a first radio resource control (RRC)Reconfiguration message (the MeNB sends the RRCConnectionReconfiguration message to the UE including the new radio resource configuration of SCG according to the SCG-Configuration (S1103a), Para. 93, FIG. 11a. The UE receives a RRC reconfiguration message indicating a PSCell change procedure (S1603), Para. 168, FIG. 16) including information indicating a deactivation of the secondary cell group (the RRCConnectionReconfiguration message to the UE including the new radio resource configuration of SCG according to the SCG-Configuration (S1103a), Para. 93, FIG. 11a. A RRC reconfiguration message indicating a PSCell change procedure (S1603), Para. 168, FIG. 16. If the new PSCell different from the PSCell is added by the SCG change procedure, the UE deactivates the PSCell and all SCells except a new PSCell in the secondary BS (S1609). For the SeNB in which the old PSCell is included, the UE deactivates all configured SCG SCells, Para. 173, FIG. 16).
Lee teaches performing the deactivation of the secondary cell group (If the new PSCell different from the PSCell is added by the SCG change procedure, the UE deactivates the PSCell and all SCells except a new PSCell in the secondary BS (S1609). For the SeNB in which the old PSCell is included, the UE deactivates all configured SCG SCells, Para. 173, FIG. 16) based on the reception of the first RRCReconfiguration message including the information indicating the deactivation of the secondary cell group (The RRC reconfiguration message includes at least one of i) an indication of the new PSCell; ii) an indication of changing from the PSCell to the new PSCell; iii) an indication of releasing of the PSCell and addition of the new PSCell, Para. 170, FIG. 16).
Lee teaches performing activation of a primary secondary cell (The RRC reconfiguration message includes at least one of i) an indication of the new PSCell; ii) an indication of changing from the PSCell to the new PSCell; iii) an indication of releasing of the PSCell and addition of the new PSCell, Para. 170, FIG. 16) and performing a random access procedure (If the new configuration requires synchronisation towards the SeNB, the UE performs the Random Access procedure (S1109a), Para. 95, FIG. 11a. PSCell in SCG can be changed with the SCG Modification procedure. The SeNB can decide whether the Random Access procedure is required, Para. 98, FIGS. 11a, 16).
Although Lee teaches performing activation of a primary secondary cell and performing a random access procedure, Lee fails to teach based on reception of a second RRCReconfiguration message, performing activation of a primary secondary cell and performing a random access procedure on the primary secondary cell, the second RRCReconfiguration message not including the information indicating the deactivation of the secondary cell group and including a reconfigurationWithSync information element.
Min teaches based on reception of a second RRCReconfiguration message (As shown in FIG. 4, when the MN transmits the RRC Reconfiguration to the UE 200, Para. 102, FIG. 4), performing activation of a primary secondary cell (Proposal 3: The target SCG activation state can be configured to active. The UE 200 may perform a PSCell random access if the target SCG activation state is configured to active in reconfigurationWithSync for the SCG, Para. 99, FIGS. 3, 4) and performing a random access procedure on the primary secondary cell (The UE 200 may perform a PSCell random access, Para. 99, FIGS. 3, 4. In a PSCell addition/change, when a radio base station (For example, gNB 100 B) transmits an RRC Reconfiguration to the UE 200, the UE 200 must immediately perform an RA procedure with the target PSCell, that is, transmit a RACH, Para. 104, FIGS. 1, 3, 4), the second RRCReconfiguration message not including the information indicating the deactivation of the secondary cell group (The target SCG activation state can be configured to active. The target SCG activation state is configured to active in reconfigurationWithSync for the SCG, Para. 99, FIGS. 3, 4) and including a reconfigurationWithSync information element (the RRC Reconfiguration may include reconfigurationWithSync, Para. 63, FIGS. 3, 4. Receipt of an RRC Reconfiguration message containing reconfigurationWithSync, Para. 80, FIGS. 3, 4. After receiving the reconfigurationWithSync, the control unit 240 may perform a reconfiguration of the SCell (PSCell) based on the reconfigurationWithSync when activation of the SCG is required, Para. 83, FIGS. 3, 4. When the MN transmits the RRC Reconfiguration to the UE 200 in the PSCell addition/change (adding or changing the PSCell), the RRC Reconfiguration includes the SCG RRC Reconfiguration. The SCG RRC Reconfiguration may include an information element such as reconfigurationWithSync, Para. 102, FIGS. 3, 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Min with the teachings of Lee since Min provides a technique for utilizing an RRC Reconfiguration message containing reconfigurationWithSync that configures a target SCG activation state to active for performing a PSCell random access, which can be introduced into the system of Lee to ensure random access in a new PSCell is performed by a UE and for configuring an appropriate activation state in response to an RRC Reconfiguration message containing reconfigurationWithSync.
Response to Arguments
I. Arguments for the Claim Interpretation
Applicant's arguments filed 5/28/2026 have been fully considered but they are not persuasive. Page 4 of the Remarks presents the argument that Applicant notes that the terms "receiver" and "controller" are well known terms that are understood by those of ordinary skill in the art to connote structure. As such, interpretation of these terms under 35 U.S. C. § 112(f) is inappropriate. The examiner suggests removing each of the “configured to” language in Claim 2, and to positively recite actions of receives and performs into Claim 2, so that Claim 2 states: a receiver receives a first radio resource control (RRC)Reconfiguration message … and a controller performs the deactivation of the secondary cell group.
II. Arguments for the Claim Rejections under 35 USC § 103
Applicant's arguments filed 5/28/2026 have been fully considered but they are not persuasive. Page 5 of the Remarks presents the argument that In particular, Lee fails, however, to teach or suggest a first RRCReconfiguration message that includes "information indicating a deactivation of the secondary cell group". This argument is not persuasive. Lee teaches in Para. 170 and FIG. 16: “The RRC reconfiguration message includes at least one of i) an indication of the new PSCell; ii) an indication of changing from the PSCell to the new PSCell; iii) an indication of releasing of the PSCell and addition of the new PSCell” (emphasis added). A RRC reconfiguration message of Lee that includes indications of changing from the PSCell and releasing of the PSCell, is substantively the same as the RRC message including information indicating the deactivation of the secondary cell group of Claim 2.
In addition, Lee teaches in Para. 173 and FIG. 16: “If the new PSCell different from the PSCell is added by the SCG change procedure, the UE deactivates the PSCell and all SCells except a new PSCell in the secondary BS (S1609). For the SeNB in which the old PSCell is included, the UE deactivates all configured SCG SCells” (emphasis added). A UE of Lee that deactivates the PSCell and all configured SCells based on the RRC reconfiguration message of Lee, is substantively the same as a controller configured to perform the deactivation of the secondary cell group based on the reception of the first RRCReconfiguration message including the information indicating the deactivation of the secondary cell group of Claim 2.
Page 5 of the Remarks presents the argument that a second RRCReconfiguration message that does not include the "information indicating a deactivation of the secondary cell group," but does include a reconfigurationWithSync information element, as recited by claims 2 and 3. This argument is not persuasive. The limitations introduced by the amendment of Clams 2 and 3, which are not taught by Lee, are taught by Min (Pub. No.: US 20240147543 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ZHANG et al. (Pub. No.: US 20240236778 A1) teaches the controller is configured to, based on reception of a second RRCReconfiguration message, perform activation of a primary secondary cell and perform a random access procedure on the primary secondary cell, the second RRCReconfiguration message not including the information indicating the deactivation of the secondary cell group and including a reconfigurationWithSync information element (In Embodiment 2, when UE 410 is configured by network device 420 to perform a (conditional) PSCell addition. Execution of the (conditional) PSCell addition or change procedure (i.e., upon a reception of RRCReconfiguration message including reconfigurationWithSync), Para. 82, FIG. 4. (2) UE 410 successfully random accesses to the target PSCell. For example, UE 410 may start a RA operation when an SCG activation procedure is triggered by network device 420 (e.g., upon UE 410 receiving SCG activation configuration from a MN), Para. 84, FIG. 4).
Xu et al. (Pub. No.: US 20220264404 A1) teaches the controller is configured to, based on reception of a second RRCReconfiguration message, perform activation of a primary secondary cell and perform a random access procedure on the primary secondary cell, the second RRCReconfiguration message not including the information indicating the deactivation of the secondary cell group and including a reconfigurationWithSync information element (In more detail, in 1308, the MN 1304 may provide signaling indicating addition of SN 1306 to the UP 1302. For example, the MN 1304 may provide an RRC reconfiguration message to the UE 1302. The RRC Reconfiguration message may indicate (e.g., explicitly): SCG addition and/or reconfigurationWithSync (RACH). The signaling may not indicate that the SCG is in the deactivated state. In some aspects the MN 1304 may also indicate an initial SCG activated state. Separately (and before, after, or concurrently with 1308), the MN 1304 and SN 1306 may perform an SCG addition procedure, Para. 121, FIG. 13).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA Y SMITH whose telephone number is (571)270-1826. The examiner can normally be reached Monday-Friday, 10:30am-7pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHIRAG G SHAH can be reached at (571)272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Joshua Smith
/J.S./
7-24-2026
/CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
Prosecution Insights