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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/19/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-8 and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 2 and 16, claims recite the limitations of: “wherein: the first RAN
node is a master node (MN) in a multi-radio dual connectivity (MR-DC) scenario, and the second RAN node is a target secondary node (SN) in the MR-DC scenario; or
the first RAN node is the target SN in the MR-DC scenario, and the second RAN node is the MN in the MR-DC scenario”.
However, independent claims 1 and 15 from which claims 2 and 16 depends, recite “wherein one of the first RAN node and the second RAN node is a master node (MN) in the MR-DC scenario and the other of the first RAN node and the second RAN node is a source SN in the MR-DC scenario”; in simpler words, claim 1 defines the first RAN node and a second RAN node are either a master node (MN) or a source node (SN). The limitations of claim 2 changes the identity of the RAN nodes (i.e., first RAN node and second RAN node) introduced in independent claim 1 by adding a third identity (i.e., target secondary node) for the first RAN node and the second RAN node. This makes the metes and bounds of the claims unclear and the subject matter diverts to different and separate embodiments. Therefore, the claims do not clearly define the subject matter which the applicant regards as his invention.
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, 9, 10, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over EKLOF et al. (US 2023/0370936) in view of PATERSON (GB 2574898).
Regarding claim 1, Eklof discloses a method performed by a first radio access network (RAN) node (Fig. 6, MN 604), the method comprising:
receiving configuration information in an information element (IE) (p. [0107]-[0111]) relating to a conditional primary cell of a secondary cell group (PSCell) addition and change (CPAC) procedure (Fig. 6, step 2; p. [0116]; the master node MN 604 receives a conditional cancelling indication indicating the conditional SN addition configuration provided in step 1 is cancelled); and
in response to the configuration information relating to the CPAC procedure being modified, communicating the modified configuration information with a second RAN node (Fig. 6, step 3; p. [0117]; in response to receiving the conditional cancelling indication, indicating the conditional SN addition configuration provided in step 1 is cancelled (i.e., CPAC procedure being modified), the MN transmits to the S-SN (i.e., second RAN node) a SN modification request),
wherein communicating the modified configuration information comprises communicating a message comprising at least one of: a maximum number of PSCells allowed to be prepared by a target secondary node (SN) in a multi-radio dual connectivity (MR-DC) scenario; or an indication of one or more PSCells to be cancelled (Fig. 6, step 3; p. [0117]; the modification request message includes contains a list of candidates PSCells to be cancelled),
wherein one of the first RAN node and the second RAN node is a master node (MN) (Fig. 6, MN 604) in the MR-DC scenario (p. [0043]) and the other of the first RAN node and the second RAN node is a source SN (Fig. 6, S-SN 606) in the MR-DC scenario (p. [0043]).
But, Eklof does not particularly disclose wherein the modified configuration is communicated to the second RAN node via a Xn interface or a X2 interface.
However, Paterson teaches wherein the modified configuration is communicated to the second RAN node via a Xn interface or a X2 interface (page 2, lines 20-35; page 11, lines 1-9; page 24, line 28-page 25, lines 1-6; a ‘master’ base station (MN) and secondary base station (SN) are connected via a base station to base station interface, such as an X2 interface (EN-DC) and Xn interface (NGEN-DC), for example S-node modification required message may be communicated via Xn interface). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Eklof with the teachings of Paterson, since it is well-known in the art that base stations perform base station to base station communication via X2 or Xn interfaces.
Regarding claim 2, the combination of Eklof and Paterson disclose the method of claim 1, Eklof discloses wherein: the first RAN node is a master node (MN) (Fig. 6, MN 604) in a multi-radio dual connectivity (MR-DC) scenario (p. [0043]), and the second RAN node is a target secondary node (SN) (Fig. 6, S-SN 606 or T-SN 608) in the MR-DC scenario (p. [0043]); or the first RAN node is the target SN in the MR-DC scenario, and the second RAN node is the MN in the MR-DC scenario.
Regarding claim 9, the combination of Eklof and Paterson disclose the method of claim 1, Eklof discloses wherein:
the first RAN node is a source secondary node (SN) in a multi-radio dual connectivity (MR- DC) scenario, and the second RAN node is a master node (MN) in the MR-DC scenario; or
the first RAN node is the MN in the MR-DC scenario (Fig. 6, MN 604), and the second RAN node is the source SN in the MR-DC scenario (Fig. 6, S-SN 606).
Regarding claim 10, the combination of Eklof and Paterson disclose the method of claim 9, Eklof discloses wherein communicating the modified configuration information further comprises transmitting a third message from the MN to the source SN (Fig. 6, step 7; p. [0134]; the MN transmits a SN Reconfiguration Complete message to the S-SN).
Regarding claim 15, Eklof discloses an apparatus (Fig. 6, i.e., Master Node 604) for performing a network function, the apparatus comprising: at least one memory; and at least one processor (p. [0176]) coupled with the at least one memory and configured to cause the apparatus to:
receive configuration information in an information element (IE) (p. [0107]-[0111]) relating to a conditional primary cell of a secondary cell group (PSCell) addition and change (CPAC) procedure (Fig. 6, step 2; p. [0116]; the master node MN 604 receives a conditional cancelling indication indicating the conditional SN addition configuration provided in step 1 is cancelled); and
in response to the configuration information relating to the CPAC procedure being modified, communicate the modified configuration information with a second RAN node (Fig. 6, step 3; p. [0117]; in response to receiving the conditional cancelling indication, indicating the conditional SN addition configuration provided in step 1 is cancelled (i.e., CPAC procedure being modified), the MN transmits to the S-SN (i.e., second RAN node) a SN modification request),
wherein communicating the modified configuration information comprises communicating a message comprising at least one of: a maximum number of PSCells allowed to be prepared by a target secondary node (SN) in a multi-radio dual connectivity (MR-DC) scenario; or an indication of one or more PSCells to be cancelled (Fig. 6, step 3; p. [0117]; the modification request message includes contains a list of candidates PSCells to be cancelled),
wherein one of the first RAN node and the second RAN node is a master node (MN) (Fig. 6, MN 604) in the MR-DC scenario (p. [0043]) and the other of the first RAN node and the second RAN node is a source SN (Fig. 6, S-SN 606) in the MR-DC scenario (p. [0043]).
But, Eklof does not particularly disclose wherein the modified configuration is communicated to the second RAN node via a Xn interface or a X2 interface.
However, Paterson teaches wherein the modified configuration is communicated to the second RAN node via a Xn interface or a X2 interface (page 2, lines 20-35; page 11, lines 1-9; page 24, line 28-page 25, lines 1-6; a ‘master’ base station (MN) and secondary base station (SN) are connected via a base station to base station interface, such as an X2 interface (EN-DC) and Xn interface (NGEN-DC), for example S-node modification required message may be communicated via Xn interface). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Eklof with the teachings of Paterson, since it is well-known in the art that base stations perform base station to base station communication via X2 or Xn interfaces.
Regarding claim 16, the combination of Eklof and Paterson disclose the apparatus of claim 15, Eklof discloses wherein: the first RAN node is a master node (MN) (Fig. 6, MN 604) in a multi-radio dual connectivity (MR-DC) scenario (p. [0043]), and the second RAN node is a target secondary node (SN) (Fig. 6, S-SN 606 or T-SN 608) in the MR-DC scenario (p. [0043]); or the first RAN node is the target SN in the MR-DC scenario, and the second RAN node is the MN in the MR-DC scenario.
Claims 3-8, 14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over EKLOF et al. in views of PATERSON, and ZHANG et al. (US 2023/0111427).
Regarding claim 3, the combination of Eklof and Paterson disclose the method of claim 2, Eklof discloses wherein the first message is at least one of: a SN modification request message (Fig. 6, step 3; the MN transmits to the S-SN (i.e., second RAN node) a SN modification request); and a secondary gNB (SgNB) modification request message.
But, Eklof does not particularly disclose wherein communicating the modified configuration information further comprises transmitting a first message from the MN to the target SN.
However, Zhang teaches transmitting a first message from the MN to the target SN (Fig. 4, step S610; p. [0160]-[0161]; the MN transmits a modification request message to the target node T-SN). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Zhang, since such a modification would allow the master node to initiate CPAC modifications at the target secondary node SN.
Regarding claim 4, the combination of Eklof, Paterson, and Zhang disclose the method of claim 3, Eklof discloses wherein the first message comprises:
an indicator indicating an operation to replace an existing configuration of one or more PSCells;
updated configuration information relating to a primary cell (PCell) of the MN;
updated configuration information relating to a PSCell of a source SN in the MR-DC scenario;
a maximum number of PSCells allowed to be prepared by the target SN;
a reference of one or more PSCells to be added;
a reference of one or more PSCells to be modified;
a reference of one or more PSCells to be cancelled (p. [0117]; a list of candidate PSCells to be cancelled);
a security key to be used by the target SN;
a measurement report related to the CPAC procedure; or a combination thereof.
Regarding claim 5, the combination of Eklof, Paterson, and Zhang disclose the method of claim 3, Eklof discloses wherein communicating the modified configuration information further comprises receiving, by the MN, a second message, and wherein the second message comprises:
a SN modification request acknowledge message (Fig. 6, step 4; the MN receives a SN Modification Req. ACK message);
a SgNB modification request acknowledge message;
a SN modification required message;
a SgNB modification required message; or a combination thereof.
But, Eklof does not particularly disclose wherein the second message is received from the target SN.
However, Zhang teaches wherein the second message is received from the target SN (Fig. 4, step S620; the MN receives a CPAC modification acknowledge message from the target secondary node T- SN). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Zhang, since such a modification would allow the master node to receive confirmation that the modification request has been received by the target SN.
Regarding claim 6, the combination of Eklof, Paterson, and Zhang disclose the method of claim 5, Eklof discloses wherein the second message comprises:
a maximum number of PSCells able to be prepared by the target SN; and
a first reference of one or more PSCells to be added;
a second reference of one or more PSCells to be modified;
a third reference of one or more PSCells to be cancelled (Fig. 6, step 4; p. [0125]; the MN receives a SN Modification Req. ACK message-includes SCG RRCReconfiguration removing the cancelled cells CPC configuration);
a fourth reference of one or more admitted PSCells; or
a combination thereof.
Regarding claim 7, the combination of Eklof, Paterson, and Zhang disclose the method of claim 2, Eklof discloses wherein communicating the modified configuration information further comprises receiving, by the MN, a first PSCell cancel message from the target SN (Fig. 6, step 2; p. [0116]).
Regarding claim 8, the combination of Eklof, Paterson, and Zhang discloses the method of claim 2, Zhang discloses communicating the modified configuration information further comprises transmitting a second PSCell cancel message from the MN to the target SN (Fig. 5, step 710; p. [0161]; the MN transmits CPAC cancel message to the target secondary node T-SN in the process for CPAC modification initiated by the MN). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Zhang, since such a modification would allow the master node to initiate CPAC modifications at the target secondary node SN.
Regarding claim 13, the combination of Eklof and Paterson disclose the method of claim 9, Eklof discloses wherein communicating the modified configuration information further comprises transmitting a third PSCell cancel message from the MN to the source SN (Fig. 10; p. [0171]-[0172]; the S-SN receives a message from the MN indicating cancellation of at least a first candidate PSCell (i.e., PSCell cancel message)).
Regarding claim 14, the combination of Eklof and Paterson disclose the method of claim 9, but does not particularly disclose communicating the modified configuration information further comprises receiving, by the MN, a fourth PSCell cancel message from the source SN.
However, Zhang teaches wherein communicating the modified configuration information further comprises receiving, by the MN, a fourth PSCell cancel message from the source SN (Fig. 7, step S910; p. [0165]; the source SN sends a cancel message to the MN). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Zhang, since such a modification would allow the source SN to initiate the CPAC modification process.
Regarding claim 17, the combination of Eklof and Paterson disclose the apparatus of claim 16, Eklof discloses wherein the first message is at least one of: a SN modification request message (Fig. 6, step 3; the MN transmits to the S-SN (i.e., second RAN node) a SN modification request); and a secondary gNB (SgNB) modification request message.
But, Eklof does not particularly disclose wherein communicating the modified configuration information further comprises transmitting a first message from the MN to the target SN.
However, Zhang teaches transmitting a first message from the MN to the target SN (Fig. 4, step S610; p. [0160]-[0161]; the MN transmits a modification request message to the target node T-SN). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Zhang, since such a modification would allow the master node to initiate CPAC modifications at the target secondary node SN.
Regarding claim 18, the combination of Eklof, Paterson, and Zhang disclose the apparatus of claim 17, Eklof discloses wherein the first message comprises:
an indicator indicating an operation to replace an existing configuration of one or more PSCells;
updated configuration information relating to a primary cell (PCell) of the MN;
updated configuration information relating to a PSCell of a source SN in the MR-DC scenario;
a maximum number of PSCells allowed to be prepared by the target SN;
a reference of one or more PSCells to be added;
a reference of one or more PSCells to be modified;
a reference of one or more PSCells to be cancelled (p. [0117]; a list of candidate PSCells to be cancelled);
a security key to be used by the target SN;
a measurement report related to the CPAC procedure; or a combination thereof.
Regarding claim 19, the combination of Eklof, Paterson, and Zhang disclose the apparatus of claim 17, Eklof discloses wherein communicating the modified configuration information further comprises receiving, by the MN, a second message, and wherein the second message comprises:
a SN modification request acknowledge message (Fig. 6, step 4; the MN receives a SN Modification Req. ACK message);
a SgNB modification request acknowledge message;
a SN modification required message;
a SgNB modification required message; or a combination thereof.
But, Eklof does not particularly disclose wherein the second message is received from the target SN.
However, Zhang teaches wherein the second message is received from the target SN (Fig. 4, step S620; the MN receives a CPAC modification acknowledge message from the target secondary node T- SN). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Zhang, since such a modification would allow the master node to receive confirmation that the modification request has been received by the target SN.
Regarding claim 20, the combination of Eklof, Paterson, and Zhang disclose the apparatus of claim 19, Eklof discloses wherein the second message comprises:
a maximum number of PSCells able to be prepared by the target SN; and
a first reference of one or more PSCells to be added;
a second reference of one or more PSCells to be modified;
a third reference of one or more PSCells to be cancelled (Fig. 6, step 4; p. [0125]; the MN receives a SN Modification Req. ACK message-includes SCG RRCReconfiguration removing the cancelled cells CPC configuration);
a fourth reference of one or more admitted PSCells; or
a combination thereof.
9. Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over EKLOF et al. in views of PATERSON, and KORDYBACH et al. (US 2023/0403613).
Regarding claim 11, the combination of Eklof and Paterson disclose the method of claim 10, but Eklof does not particularly disclose wherein the third message comprises: a SN change confirm message; a secondary gNB (SgNB) change confirm message; or a combination thereof.
However, Kordybach teaches transmitting a SN change confirm message; a secondary gNB (SgNB) change confirm message; or a combination thereof (Fig. 7, step 7; p. [0059]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Kordybach, in order to indicate to the source node that reconfiguration has been completed at the user device in response to the change required message.
Regarding claim 12, the combination Eklof, Paterson, and Kordybach disclose the method of claim 11, Kordybach discloses wherein the third message comprises: a reference of one or more PSCells prepared by a target SN (Fig. 7, step 7; p. [0059]; the SN change confirm indicates how many primary secondary cells have been prepared by the target node); a radio resource control (RRC) container, wherein the RRC container comprises the reference of one or more PSCells prepared by the target SN; or a combination thereof. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the combination of Eklof and Paterson with the teachings of Kordybach, in order to indicate to the source node that reconfiguration has been completed at the user device in response to the change required message.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISOL FIGUEROA whose telephone number is (571)272-7840. The examiner can normally be reached Mon-Thurs 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at 571-272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARISOL FIGUEROA/
Primary Examiner
Art Unit 2643
