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 .
Information Disclosure Statement
The references listed in the Information Disclosure Statement, filed on 12 December 2023, 06 January 2026 have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B forms).
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 1, 3-10, 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 respectively of copending Application No. 18/569,389 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are fully covered by the copending Application claims.
Regarding claim 1, claim 1 of copending Application No. 18/569,389 teaches a remote user equipment (UE) device.
a controller configured to maintain a connection with a serving base station over a current communication path, the current communication path being one of an indirect communication type through at least one relay UE device and a direct communication type without relay UE devices as in the application corresponds to the limitation “a controller configured … relay UE device” claim 1 of copending Application No. 18/569,389 lines 1-5); and
a receiver configured to receive, from the serving base station, a conditional reconfiguration message instructing the remote UE device to switch from the current communication path to an alternate communication path when a condition is met, the alternate communication path being a different communication type different from a current communication type of the current communication path as in the application corresponds to the limitation “a receiver configured … indirect communication path” claim 1 of copending Application No. 18/569,389 lines 6-13).
Regarding claim 3, claim 2 of copending Application No. 18/569,389 teaches the condition comprises an alternate quality level of radio link to target relay UE device exceeding an alternate quality link threshold (claim 2 of copending Application No. 18/569,389 lines 1-4).
Regarding claim 4, claim 3 of copending Application No. 18/569,389 teaches a current quality level of the direct link to the serving base station being below a current quality link threshold (claim 3 of copending Application No. 18/569,389 lines 1-4).
Regarding claim 5, claim 4 of copending Application No. 18/569,389 teaches the alternate quality level of the radio link to target relay UE device is a measured alternate reference signal received power (RSRP), the alternate quality link threshold is an alternate link RSRP threshold, the current quality level of the direct link to the serving base station is a measured current link RSRP, and the current quality link threshold is a current link RSRP threshold (claim 4 of copending Application No. 18/569,389 lines 2-11).
Regarding claim 6, claim 5 of copending Application No. 18/569,389 teaches the measured alternate RSRP is one of a sidelink discovery RSRP (SD-RSRP) and a sidelink RSRP (SL-RSRP) (claim 5 of copending Application No. 18/569,389 lines 1-3).
Regarding claim 7, claim 6 of copending Application No. 18/569,389 teaches the alternate quality level, the alternate quality link threshold, the current quality level, and the current quality link threshold are Reference Signal Received Quality (RSRQ) values (claim 6 of copending Application No. 18/569,389 lines 2-5).
Regarding claim 8, claim 7 of copending Application No. 18/569,389 teaches the alternate quality level, the alternate quality link threshold, the current quality level, and the current quality link threshold are Signal to Interference plus Noise Ratio (SINR) values (claim 7 of copending Application No. 18/569,389 lines 2-5).
Regarding claim 9, claim 8 of copending Application No. 18/569,389 teaches a transmitter configured to transmit a Radio Resource Control (RRC) Reconfiguration Complete message to the relay UE device in response to the controller determining the alternate quality level of radio link to target relay UE device exceeds the alternate quality link threshold (claim 8 of copending Application No. 18/569,389 lines 2-6).
Regarding claim 10, claim 9 of copending Application No. 18/569,389 teaches a transmitter configured to transmit a Radio Resource Control (RRC) Reconfiguration Complete message to the relay UE device in response to the controller determining the current quality level of the direct link to the serving base station is below a current quality link threshold and determining the alternate quality level of radio link to target relay UE device exceeds the alternate quality link threshold (claim 9 of copending Application No. 18/569,389 lines 2-8).
Regarding claim 20, claim 10 of copending Application No. 18/569,389 teaches the receiver, the serving base station and the at least one relay UE device are configured to operate in accordance with at least one revision of the 3.sup.rd Generation Partnership Project (3GPP) New Radio (NR) V2X communication specification (claim 10 of copending Application No. 18/569,389 lines 2-5).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (PG Pub US 2024/0064593 A1) in view of Xu (PG Pub US 2023/0189100 A1).
Regarding claim 1, Wu discloses a remote user equipment (UE) device (fig. 8).
a controller (processor 806, fig. 8) configured to maintain a connection with a serving base station over a current communication path, the current communication path being one of an indirect communication type through at least one relay UE device and a direct communication type without relay UE devices (“UE 501A is accessing a cell (e.g., serving cell 502) of a BS (also referred to as “serving BS”) .. UE 501A may access serving cell 502 via a relay UE” [0049], “the path switch of a UE (e.g., UE 501A) from a Uu link” [0058], fig. 1); and
a receiver (receiving circuitry 802, fig. 8) configured to receive, from the serving base station, a conditional reconfiguration message instructing the remote UE device to switch from the current communication path to an alternate communication path when a condition is met (“serving cell 502 may transmit an RRC reconfiguration message to UE 501A. The RRC reconfiguration message may include at least one conditional path switch configuration associated with at least one execution condition” [0053]), the alternate communication path being a different communication type different from a current communication type of the current communication path (“path switch of a UE (e.g., UE 501A) from a Uu link to a relay link” [0058]).
However, Wu does not explicitly disclose maintain a connection.
Nevertheless, Xu discloses “The UE generally communicate with the base station through the Uu interface .. When the remote UE is in a connected state .. If the remote UE needs to connect with a target base station through the relay UE, for the remote UE, the handover process from Uu to PC5 across base stations occurs” [0005], “In the CONNECTED state, the UE is connected with the network, and the network configures UE radio bearer (RB), physical layer, and other configurations, including DC operation (in an intra-frequency scene or an inter-frequency scene, at least two cells are controlled by different gNB) and CA operation (controlled by the same base station), and the network can schedule uplink and downlink data for the UE” [0006].
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 maintain a connection because “the handover condition is carried in the RRC connection reconfiguration message, so that the data transmission method for the remote UE can further support the conditional handover enhancement” [0085].
Regarding claim 2, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the current communication path is a direct communication link to the serving base station and the different communication path is through a relay UE device to the serving base station (“the execution condition may be applied to the path switch of a UE (e.g., UE 501A) from a Uu link to a relay link” [0058], fig. 1).
Regarding claim 3, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses an alternate quality level of radio link to target relay UE device exceeding an alternate quality link threshold (“the channel quality between the UE and the candidate relay is greater than threshold #A2” [0059]).
Regarding claim 4, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses a current quality level of the direct link to the serving base station being below a current quality link threshold (“the channel quality of the Uu link between the UE and its serving cell is less than threshold #A1” [0059]).
Regarding claim 5, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the alternate quality level of the radio link to target relay UE device is a measured alternate reference signal received power (RSRP), the alternate quality link threshold is an alternate link RSRP threshold, the current quality level of the direct link to the serving base station is a measured current link RSRP, and the current quality link threshold is a current link RSRP threshold (“The channel quality (e.g., reference signal received power (RSRP))” [0067]).
Regarding claim 6, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the measured alternate RSRP is one of a sidelink discovery RSRP (SD-RSRP) and a sidelink RSRP (SL-RSRP) (“For a measurement on the sidelink (e.g., between a UE and a relay UE), the following UE measurement quantities may be supported: PSBCH-RSRP, PSSCH-RSRP, and PSCCH-RSRP” [0068]).
Regarding claim 7, Wu, Xu discloses everything claimed as applied above. Further, Xu discloses the alternate quality level, the alternate quality link threshold, the current quality level, and the current quality link threshold are Reference Signal Received Quality (RSRQ) values (“reference signal receiving quality (RSRQ)” [0008]).
Regarding claim 8, Wu, Xu discloses everything claimed as applied above. Further, Xu discloses the alternate quality level, the alternate quality link threshold, the current quality level, and the current quality link threshold are Signal to Interference plus Noise Ratio (SINR) values (“signal to interference plus noise ratio (SINR)” [0008]).
Regarding claim 9, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses a transmitter (transmitting circuitry 804, fig. 8) configured to transmit a Radio Resource Control (RRC) Reconfiguration Complete message to the relay UE device in response to the controller determining the alternate quality level of radio link to target relay UE device exceeds the alternate quality link threshold (“UE 501A may transmit an RRC reconfiguration complete message to serving cell 502 via target node 501B” [0095], “the channel quality between the UE and the candidate relay is greater than threshold #A2” [0060]).
Regarding claim 10, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses a transmitter (transmitting circuitry 804, fig. 8) configured to transmit a Radio Resource Control (RRC) Reconfiguration Complete message to the relay UE device in response to the controller determining the current quality level of the direct link to the serving base station is below a current quality link threshold and determining the alternate quality level of radio link to target relay UE device exceeds the alternate quality link threshold (“UE 501A may transmit an RRC reconfiguration complete message to serving cell 502 via target node 501B” [0095], “the difference between the channel quality between the UE and the candidate relay and the channel quality of the Uu link between the UE and its serving cell is greater than an offset, the channel quality of the Uu link between the UE and its serving cell is less than threshold #A1, and the channel quality between the UE and the candidate relay is greater than threshold #A2” [0060]).
Regarding claim 11, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the current communication path is a direct communication link to the serving base station and the different communication path is through a relay UE device (“Uu link” [0058]). Further, Xu discloses to a target base station (“a handover condition for determining a link condition between the relay UE and the target base station” [0036], fig. 1).
Regarding claim 12, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the condition comprises an alternate quality level of radio link to target relay UE device exceeding an alternate quality link threshold (“the channel quality between the UE and the candidate relay is greater than threshold #A2” [0059]).
Regarding claim 13, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the condition further comprises a current quality level of the direct link to the serving base station being below a current quality link threshold (“the channel quality of the Uu link between the UE and its serving cell is less than threshold #A1” [0059]).
Regarding claim 14, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the alternate quality level of the radio link to the target relay UE device is a measured alternate reference signal received power (RSRP), the alternate quality link threshold is an alternate link RSRP threshold, the current quality level of the direct link to the serving base station is a measured current link RSRP, and the current quality link threshold is a current link RSRP threshold (“The channel quality (e.g., reference signal received power (RSRP))” [0067]).
Regarding claim 15, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the measured alternate RSRP is one of a sidelink discovery RSRP (SD-RSRP) and a sidelink RSRP (SL-RSRP) (“For a measurement on the sidelink (e.g., between a UE and a relay UE), the following UE measurement quantities may be supported: PSBCH-RSRP, PSSCH-RSRP, and PSCCH-RSRP” [0068]).
Regarding claim 16, Wu, Xu discloses everything claimed as applied above. Further, Xu discloses the alternate quality level, the alternate quality link threshold, the current quality level, and the current quality link threshold are Reference Signal Received Quality (RSRQ) values (“reference signal receiving quality (RSRQ)” [0008]).
Regarding claim 17, Wu, Xu discloses everything claimed as applied above. Further, Xu discloses the alternate quality level, the alternate quality link threshold, the current quality level, and the current quality link threshold are Signal to Interference plus Noise Ratio (SINR) values (“signal to interference plus noise ratio (SINR)” [0008]).
Regarding claim 18, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses a transmitter (transmitting circuitry 804, fig. 8) configured to transmit a Radio Resource Control (RRC) Reconfiguration Complete message to the relay UE device in response to the controller determining the alternate quality level of radio link to target relay UE device exceeds the alternate quality link threshold (“UE 501A may transmit an RRC reconfiguration complete message to serving cell 502 via target node 501B” [0095], “the channel quality between the UE and the candidate relay is greater than threshold #A2” [0060]).
Regarding claim 19, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses a transmitter (transmitting circuitry 804, fig. 8) configured to transmit a Radio Resource Control (RRC) Reconfiguration Complete message to the relay UE device in response to the controller determining the current quality level of the direct link to the serving base station is below a current quality link threshold and determining the alternate quality level of radio link to target relay UE device exceeds the alternate quality link threshold (“UE 501A may transmit an RRC reconfiguration complete message to serving cell 502 via target node 501B” [0095], “the difference between the channel quality between the UE and the candidate relay and the channel quality of the Uu link between the UE and its serving cell is greater than an offset, the channel quality of the Uu link between the UE and its serving cell is less than threshold #A1, and the channel quality between the UE and the candidate relay is greater than threshold #A2” [0060]).
Regarding claim 20, Wu, Xu discloses everything claimed as applied above. In addition, Wu discloses the receiver, the serving base station and the at least one relay UE device are configured to operate in accordance with at least one revision of the 3rd Generation Partnership Project (3GPP) New Radio (NR) V2X communication specification (“Support for V2X services via the PC5 interface can be provided by, for example, NR sidelink communication and/or V2X sidelink communication” [0027]).
Conclusion
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/CHRISTINE T DUONG/ Primary Examiner, Art Unit 2462 01/08/2026