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 .
Claims 1-3 are pending.
Claims 1-3 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 transmitter configured to transmit”, and “a controller configured to control” in Claim 1, “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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (Pub. No.: US 20160044744 A1) in view of Futaki et al. (Pub. No.: US 20220086704 A1), hereafter respectively referred to as Lee and Futaki.
In regard to Claim 1, Lee teaches A master node (MeNB, Para. 93, 167, FIGS. 11a, 16) configured to 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) and a communication apparatus (UE, Para. 93, 167, FIGS. 11a, 16), the master node comprising: a transmitter (The apparatus shown in FIG. 5 can be a eNB, Para. 59, FIG. 5. The transceiver (135), Para. 62, FIG. 5) configured to transmit a radio resource control (RRC) message to the communication apparatus (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).
Lee teaches a controller (processor (110), Para. 62, FIG. 5) configured to control, based on transmission of the RRC message including 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), the communication apparatus to perform 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).
Lee teaches, wherein the controller (processor (110), Para. 62, FIG. 5) is configured to control, based on transmission of the RRC message including information indicating change of a primary secondary cell (The UE receives a RRC reconfiguration message indicating a PSCell change procedure (S1603), Para. 168, FIG. 16) of the secondary cell group (the UE is configured with SCG SCells and PSCell for each SeNB (S1601), Para. 167, FIG. 16), the communication apparatus to perform activation of the 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 a random access procedure in the primary secondary cell (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 provides an implicit teaching, Lee fails to explicitly teach perform a random access procedure in the primary secondary cell.
Futaki teaches perform a random access procedure in the primary secondary cell (The UE 3 initiates access (i.e., random access procedure) to the target PSCell (step 610), Para. 71, FIG. 6).
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 Futaki with the teachings of Lee since Futaki provides a technique for a UE to initate a random access procedure to a target PSCell after receiving a RRC Reconfiguration message, which can be introduced into the system of Lee to ensure random access in a new PSCell is performed by a UE after receiving a RRC reconfiguration message indicating the new PSCell.
In regard to Claim 2, Lee teaches A communication apparatus (UE, Para. 93, 167, FIGS. 11a, 16) configured to 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) and a master node (MeNB, Para. 93, 167, FIGS. 11a, 16), the communication apparatus comprising: a receiver (FIG. 5 may represent a UE. The transceiver (135), Para. 61, FIG. 5) configured to receive a radio resource control (RRC) 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).
Lee teaches a controller (processor (110), Para. 61, FIG. 5) configured to perform 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 reception of the RRC message including 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 a random access procedure in the primary secondary cell (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) based on reception of the RRC message including information indicating change of the primary secondary cell (The UE receives a RRC reconfiguration message indicating a PSCell change procedure (S1603), Para. 168, FIG. 16) of the secondary cell group (the UE is configured with SCG SCells and PSCell for each SeNB (S1601), Para. 167, FIG. 16).
Although Lee provides an implicit teaching, Lee fails to explicitly teach perform a random access procedure in the primary secondary cell.
Futaki teaches perform a random access procedure in the primary secondary cell (The UE 3 initiates access (i.e., random access procedure) to the target PSCell (step 610), Para. 71, FIG. 6) based on reception of the RRC message (In step 606, the MN 1 performs an RRC (Connection) Reconfiguration procedure. The MN 1 may transmit to the UE 3 via the MCG SRB an RRC (Connection) Reconfiguration message, Para. 70, FIG. 6).
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 Futaki with the teachings of Lee since Futaki provides a technique for a UE to initate a random access procedure to a target PSCell after receiving a RRC Reconfiguration message, which can be introduced into the system of Lee to ensure random access in a new PSCell is performed by a UE after receiving a RRC reconfiguration message indicating the new PSCell.
In regard to Claim 3, Lee teaches A communication method executed by a communication apparatus (UE, Para. 93, 167, FIGS. 11a, 16) configured to 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) and a master node (MeNB, Para. 93, 167, FIGS. 11a, 16), the communication method comprising: receiving a radio resource control (RRC) 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).
Lee teaches performing 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 reception of the RRC message including 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 a random access procedure in the primary secondary cell (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) based on reception of the RRC message including information indicating change of the primary secondary cell (The UE receives a RRC reconfiguration message indicating a PSCell change procedure (S1603), Para. 168, FIG. 16) of the secondary cell group (the UE is configured with SCG SCells and PSCell for each SeNB (S1601), Para. 167, FIG. 16).
Although Lee provides an implicit teaching, Lee fails to explicitly teach performing a random access procedure in the primary secondary cell.
Futaki teaches performing a random access procedure in the primary secondary cell (The UE 3 initiates access (i.e., random access procedure) to the target PSCell (step 610), Para. 71, FIG. 6) based on reception of the RRC message (In step 606, the MN 1 performs an RRC (Connection) Reconfiguration procedure. The MN 1 may transmit to the UE 3 via the MCG SRB an RRC (Connection) Reconfiguration message, Para. 70, FIG. 6).
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 Futaki with the teachings of Lee since Futaki provides a technique for a UE to initate a random access procedure to a target PSCell after receiving a RRC Reconfiguration message, which can be introduced into the system of Lee to ensure random access in a new PSCell is performed by a UE after receiving a RRC reconfiguration message indicating the new PSCell.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (Pub. No.: US 20230232494 A1) teaches the RRC message including information indicating the deactivation of the secondary cell group (referring to FIG. 3A, the second RRC reconfiguration message comprises an first indication indicating the SCG is deactivated, Para. 119, FIG. 3A), perform activation of the primary secondary cell (referring to FIG. 3A, the terminal device 130 receives 306 a second RRC reconfiguration message for configuring the PScell of the SCG from the second network device 120, Para. 119, FIG. 3A) and a random access procedure in the primary secondary cell (the terminal device 130 initiates RA procedure o the target PSCell, Para. 125, FIG. 3A. The terminal device 130 performs a RA procedure for the PScell via the enabled transmission, Para. 126, FIG. 3A).
Tsuboi et al. (Pub. No.: US 20190313309 A1) teaches teaches the RRC message including information indicating the deactivation of the secondary cell group (in a case that the configuration of the secondary cell group included in the RRC connection reconfiguration message is configured to be released, the terminal apparatus 2 may deactivate SCells other than the PSCell in the SCells of the secondary cell group, Para. 142, FIG. 11), perform activation of the primary secondary cell (the terminal apparatus 2 may start synchronization of the downlink in the target PSCell (third cell), Para. 145, FIG. 11) and a random access procedure in the primary secondary cell (Then, the terminal apparatus 2 initiates the random access procedure to transmit the uplink data, and transmits the random access preamble. The third base station apparatus 3 that has received the random access preamble detects a shift in a transmission timing of the terminal apparatus 2, Para. 147, FIG. 11).
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./
Examiner, Art Unit 2477
12-19-2025
/CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477