DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application
2 This instant Office Action is in response to Original Filing filed on 1/8/2024.
3. This Office Action is made Non-Final.
4. Claims 16-57 are cancelled via preliminary amendment.
5. Claims 1-15 are pending.
6. Claim 13 is objected to for allowable subject matter.
Information Disclosure Statement
7. The information disclosure statement (IDS) submitted on 1/8/24 and 3/24/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
8. Claims 8-9 and 11 are objected to because of the following informalities: the claims recite the phrases: “plurality of options,” “first option,” and “second option” The word “Optional” is vague and indefinite. The word optionally is correlated to the case law of Mayhew. In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). See also MPEP § 2164.08(c). Such essential matter may include missing elements, steps or necessary structural cooperative relationships of elements described by the applicant(s) as necessary to practice the invention. Appropriate correction is required.
Allowable Subject Matter
1. Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
2. Claims 1-12 and 14-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by QIU et al. US 20230422309 hereafter Qui (Note us-provisional-application US 63132123 includes support in pages 1-109 for the disclosure herein).
As to Claim 1 (Original) Qui discloses a Radio Access Network (RAN) node configured to operate as a secondary node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the RAN node comprising [Figs. 1-3, Sections 0006, 0009, 0087: A Secondary Cell Group (SCG) controlled by a Secondary Node (SN). NR uses dual connectivity, where the UE is connected with MeNB and SgNB; and the NR access node acts as the secondary node known as the Secondary gNB, SgNB controlling the secondary cell group, SCG. Wherein the second cell group is a Secondary Cell Group (SCG) for a UE configured with Multi-Radio Dual Connectivity-MR-DC]:
at least one memory [Memory-1005]; and at least one processor [Processor-1003] coupled to the at least one memory and configured to [Fig. 10 (Diagram of Secondary Node (SN), Sections 0096-0097: FIG. 10 illustrating secondary node (also referred to as a secondary network node, secondary base station, SeNodeB/SeNB, gNodeB/gNB) of a Radio Access Network (RAN) includes memory circuitry-1005 include computer readable program code that when executed by the processing circuitry-1003. Moreover, modules stored in memory-1005 provide instructions so that when instructions of a module are executed by processing circuitry-1003 performs respective operations with respect to Example Embodiments]:
receive a first signal indicating a request or indication of activation of the SCG from the UE via a Primary SCG Cell (PSCell) [Section 0007, 0097: The UE use Primary SCell (PSCell) known as primary SCG cell in NR. The secondary node receive uplink communications through transceiver-1001 from UE over a radio interface] of the SCG while the SCG is deactivated [Figs. 1, 4 (Depicts UE interface-LTE Uu/NR Uu with Second Node), 12-19, Sections 0050, 0101, 0109, 0131: SCG RRC can select the SCG activation state (activated/deactivated) at PSCell addition/change. Send Activation requests to the SN based on report received from the UE. The request is a S-NG-RAN NODE (i.e. SN node) ADDITION REQUEST with an indication of activated SCG. The SN receives a request to add a deactivated secondary cell group (SCG) configuration or an active SCG configuration];
transmit a second signal indicating activation of the SCG to the UE via the PSCell in response to receiving the first signal [Figs. 1-4, 12-19, Sections 0111, 0113, 0184: The response (i.e. second signal) indicates that the SCG is accepted and SCG is added or activated. The response from the SN includes a container to be transmitted to the UE. The response from the SN includes a container to be transmitted to the UE with indication to the UE that the SCG to be added is to be in activated mode of operation];
and send an inter-node message [i.e. Xn AP message or Ack/confirm message] indicating activation of the SCG to a master node [i.e. MN or NR MN/gNB] associated with a Master Cell Group (MCG) of the dual connectivity [Figs. 1-4, 12-19, Sections 0006, 0116, 0153: Using the MR-DC (Multi-Radio Dual Connectivity), the UE is connected in a Master Cell Group (MCG), controlled by the Master Node (MN). In one variant, the response from the SN, an Xn AP message to be processed by the MN that the SCG is to be in activated mode; the MN made aware that the SN has determined the mode of operation to be activated. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node about the S-NG-RAN node addition],
wherein the second signal is transmitted to the UE before the secondary node sends the inter-node message to the master node or before the secondary node receives a response to the inter-node message from the master node [Sections 0113, 0145, 0153, 0187: The response from the SN includes a container to be transmitted to the UE. Applying the SCG configuration includes activated mode of operation responsive to the request indicating a activated mode of operation wherein the UE performs random access. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node (i.e. Master Node) about the S-NG-RAN node addition. The response from the SN as part of an Xn AP message that the SCG to be added or in activated mode of operation; upon reception the MN is made aware that the SN has determined the mode of operation to be activated].
As to Claim 2 (Original) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 1, wherein the at least one processor [Processor-1003] is configured to transmit the second signal to the UE before sending the inter-node message to the master node [Fig. 10, Sections 0113, 0153: The response from the SN includes a container to be transmitted to the UE. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node (i.e. Master Node) about the S-NG-RAN node addition].
As to Claim 3 (Currently Amended) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 1, wherein the inter-node message includes information indicating that the SCG has already been activated or that activation of the SCG has been indicated to the UE [Sections 0153, 0181: This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node (i.e. Master Node) about the S-NG-RAN node addition. In some embodiments, the response is an S-NG-RAN NODE ADDITION ACKNOWLEDGE message with an indication of the target mode of SCG operation activated SCG or deactivated SCG].
As to Claim 4 (Currently Amended) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 1, wherein the inter-node message is identical to a message sent from the secondary node to the master node when activation of the SCG is initiated by the secondary node, but contains information indicating SCG activation initiated by the UE [Sections 0101, 0113, 0116: Send Activation requests to the SN based on report received from the UE. The response (i.e. second signal) indicates that the SCG is accepted and SCG is added or activated. In one variant, the response from the SN, an Xn AP message to be processed by the MN that the SCG is to be in activated mode; the MN made aware that the SN has determined the mode of operation to be activated].
As to Claim 5 (Currently Amended) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 1, wherein the at least one processor [Processor-1003, Fig. 10] is configured to: receive the first signal via a random access procedure to the PSCell performed by the UE or via an uplink physical layer message [Sections 0091, 0097, 0101, 0141: Primary SCG Cell (PSCell): For dual connectivity operation, the SCG cell in which the UE performs random access when performing the Reconfiguration with Sync procedure. The secondary node receive uplink communications through transceiver-1001 from UE over a radio interface. Send Activation requests to the SN based on report received from the UE. The UE determines whether to perform random access based on the determined mode of operation of the SCG],
and transmit the second signal to the UE via the random access procedure or via a downlink physical layer message [Sections 0097, 0113, 0184: As discussed herein the secondary node transmit downlink communications through transceiver 1001 over a radio interface to one or more mobile terminals UEs. The response from the SN includes a container to be transmitted to the UE. The response from the SN includes a container to be transmitted to the UE with indication to the UE that the SCG to be added is to be in activated mode of operation].
As to Claim 6 (Original) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 5, wherein the second signal is a random access response and implicitly indicates activation of the SCG [Sections 0113, 0119: The response from the SN includes a container to be transmitted to the UE such as an SCG RRCReconfiguration including an indication to the UE that the SCG to be added is to be in activated mode of operation, message also includes a Reconfiguration with Sync comprising including among other parameters a random access configuration. The response from the SN includes other parameters such as a random access configuration for contention based random access upon addition of a deactivated SCG or an activated SCG].
As to Claim 7 (Original) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 5, wherein the second signal is an uplink grant [Sections 0113, 0165: The response from the SN includes a container to be transmitted to the UE such as an RRC container with an SCG RRCReconfiguration including an indication to the UE that the SCG to be added is to be in activated mode of operation; message includes a configuration for random access resource selection (i.e. uplink grant which is defined as uplink resource allocation). The RRCReconfiguration message is the command to modify an RRC connection and convey information for radio resource configuration including RB (i.e. resource blocks)].
As to Claim 8 (Currently Amended) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 1, wherein the at least one processor [Processor-1003, Fig. 10] is configured to determine which of a plurality of options [i.e. Scenarios or Different Methods] is used to activate the SCG [Sections 0051, 0053: When an SCG is added, activated or deactivated, there are different scenarios that occur depending on which node that initiates the action and which node that makes the final decision regarding if the SCG should be activated or deactivated. The advantage that may be achieved is that different methods for adding an activated SCG are provided];
wherein the plurality of options includes a first option in which the secondary node transmits the second signal to the UE before sending the inter-node message to the master node, and a second option in which the secondary node transmits the second signal to the UE after receiving the response to the inter-node message from the master node [Sections 0097, 0113, 0153, 0181: The secondary node receive uplink communications through transceiver-1001 from UE over a radio interface and transmit downlink communications to one or more mobile terminals UEs. The response from the SN includes a container to be transmitted to the UE. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node (i.e. Master Node) about the S-NG-RAN node addition. In some embodiments, the response is an S-NG-RAN NODE ADDITION ACKNOWLEDGE message with an indication of the target mode of SCG operation activated SCG or deactivated SCG].
As to Claim 9 (Original) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 8, wherein the at least one processor [Processor-1003, Fig. 10] is configured to determine which of the first and second options [i.e. Scenarios or Different Methods] is used based on a priority level or urgency level of uplink transmission by the UE [Sections 0051, 0214, 0217: When an SCG is added, activated or deactivated, there are different scenarios that occur depending on which node that initiates the action and which node that makes the final decision regarding if the SCG should be activated or deactivated. M-NG-RAN node S-NG-RAN node IE type and Criticality (i.e. urgent level) SCG State Change. Direction: S-NG-RAN node.fwdarw.M-NG-RAN node description Critically (i.e. urgent level) SCG State Indication].
As to Claim 10 (Original) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 8, wherein the first signal indicates the priority level or the urgency level [Sections 0109, 0214: The request is a S-NG-RAN NODE (i.e. SN node) ADDITION REQUEST with an indication of activated SCG. M-NG-RAN node S-NG-RAN node IE type and Criticality (i.e. urgent level) SCG State Change].
As to Claim 11 (Currently Amended) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 8, wherein the inter-node message contains information indicating which of the first and second options is being used [Sections 0113, 0153, 0181: The response from the SN includes a container to be transmitted to the UE. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node (i.e. Master Node) about the S-NG-RAN node addition. In some embodiments, the response is an S-NG-RAN NODE ADDITION ACKNOWLEDGE message with an indication of the target mode of SCG operation activated SCG or deactivated SCG].
As to Claim 12 (Currently Amended) Qui discloses the RAN node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] according to claim 1, wherein the at least one processor [Processor-1003, Fig. 10] is configured to configure the UE with a random access preamble pool dedicated to SCG activation, wherein the random access preamble pool is used by one or more UEs to perform a contention-based random access to the PSCell for SCG activation [Sections 0007, 0119, 0146: The UE use Primary SCell (PSCell) known as primary SCG cell in NR. In one variant, the response from the SN includes a container to be transmitted to the UE, such SCG RRCReconfiguration including an indication to the UE that the SCG to be added is to be in activated and that the message also includes other parameters of a random access configuration for contention based random access including random access resource selection. The UE applies the SCG configuration and RRC Reconfiguration including random access configuration for contention based random access upon addition of an activated SCG and performs random access].
As to Claim 14 (Original) Qui discloses a method performed by a Radio Access Network (RAN) node configured to operate as a secondary node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the method comprising [Figs. 1-3, Sections 0006, 0009, 0087: A Secondary Cell Group (SCG) controlled by a Secondary Node (SN). NR uses dual connectivity, where the UE is connected with MeNB and SgNB; and the NR access node acts as the secondary node known as the Secondary gNB, SgNB controlling the secondary cell group, SCG. Wherein the second cell group is a Secondary Cell Group (SCG) for a UE configured with Multi-Radio Dual Connectivity-MR-DC]:
receiving a first signal indicating a request or indication of activation of the SCG from the UE via a Primary SCG Cell (PSCell) [Section 0007, 0097: The UE use Primary SCell (PSCell) known as primary SCG cell in NR. The secondary node receive uplink communications through transceiver-1001 from UE over a radio interface] of the SCG while the SCG is deactivated [Figs. 1, 4 (Depicts UE interface-LTE Uu/NR Uu with Second Node), 12-19, Sections 0050, 0101, 0109, 0131: SCG RRC can select the SCG activation state (activated/deactivated) at PSCell addition/change. Send Activation requests to the SN based on report received from the UE. The request is a S-NG-RAN NODE (i.e. SN node) ADDITION REQUEST with an indication of activated SCG. The SN receives a request to add a deactivated secondary cell group (SCG) configuration or an active SCG configuration];
transmitting a second signal indicating activation of the SCG to the UE via the PSCell in response to receiving the first signal [Figs. 1-4, 12-19, Sections 0111, 0113, 0184: The response (i.e. second signal) indicates that the SCG is accepted and SCG is added or activated. The response from the SN includes a container to be transmitted to the UE. The response from the SN includes a container to be transmitted to the UE with indication to the UE that the SCG to be added is to be in activated mode of operation];
and sending an inter-node message indicating activation of the SCG to a master node associated with a Master Cell Group (MCG) [i.e. MN or NR MN/gNB] of the dual connectivity [Figs. 1-4, 12-19, Sections 0006, 0116, 0153: Using the MR-DC (Multi-Radio Dual Connectivity), the UE is connected in a Master Cell Group (MCG), controlled by the Master Node (MN). In one variant, the response from the SN, an Xn AP message to be processed by the MN that the SCG is to be in activated mode; the MN made aware that the SN has determined the mode of operation to be activated. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node about the S-NG-RAN node addition],
wherein the second signal is transmitted to the UE before the secondary node sends the inter-node message to the master node or before the secondary node receives a response to the inter-node message from the master node [Sections 0113, 0145, 0153, 0187: The response from the SN includes a container to be transmitted to the UE. Applying the SCG configuration includes activated mode of operation responsive to the request indicating a activated mode of operation wherein the UE performs random access. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node (i.e. Master Node) about the S-NG-RAN node addition. The response from the SN as part of an Xn AP message that the SCG to be added or in activated mode of operation; upon reception the MN is made aware that the SN has determined the mode of operation to be activated].
As to Claim 15 (Original) Qui discloses a non-transitory computer readable medium [Memory-1005] storing a program for causing a computer to perform a method [Fig. 10 (Diagram of Secondary Node (SN), Sections 0096-0097: Secondary node of a Radio Access Network (RAN) includes memory circuitry-1005 include computer readable program code that when executed by the processing circuitry-1003. Moreover, modules stored in memory-1005 provide instructions so that when instructions of a module are executed by processing circuitry-1003 performs respective operations with respect to Example Embodiments] for a Radio Access Network (RAN) node configured to operate as a secondary node [i.e. SN, NR SgNB, Secondary base station-SeNB/gNB; Section 0010: The gNB is referred to as RAN nodes] associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the method comprising [Figs. 1-3, Sections 0006, 0009, 0087: A Secondary Cell Group (SCG) controlled by a Secondary Node (SN). NR uses dual connectivity, where the UE is connected with MeNB and SgNB; and the NR access node acts as the secondary node known as the Secondary gNB, SgNB controlling the secondary cell group, SCG. Wherein the second cell group is a Secondary Cell Group (SCG) for a UE configured with Multi-Radio Dual Connectivity-MR-DC]:
receiving a first signal indicating a request or indication of activation of the SCG from the UE via a Primary SCG Cell (PSCell) [Section 0007, 0097: The UE use Primary SCell (PSCell) known as primary SCG cell in NR. The secondary node receive uplink communications through transceiver-1001 from UE over a radio interface] of the SCG while the SCG is deactivated [Figs. 1, 4 (Depicts UE interface-LTE Uu/NR Uu with Second Node), 12-19, Sections 0050, 0101, 0109, 0131: SCG RRC can select the SCG activation state (activated/deactivated) at PSCell addition/change. Send Activation requests to the SN based on report received from the UE. The request is a S-NG-RAN NODE (i.e. SN node) ADDITION REQUEST with an indication of activated SCG. The SN receives a request to add a deactivated secondary cell group (SCG) configuration or an active SCG configuration];
transmitting a second signal indicating activation of the SCG to the UE via the PSCell in response to receiving the first signal [Figs. 1-4, 12-19, Sections 0111, 0113, 0184: The response (i.e. second signal) indicates that the SCG is accepted and SCG is added or activated. The response from the SN includes a container to be transmitted to the UE. The response from the SN includes a container to be transmitted to the UE with indication to the UE that the SCG to be added is to be in activated mode of operation];
and sending an inter-node message indicating activation of the SCG to a master node [i.e. MN or NR MN/gNB] associated with a Master Cell Group (MCG) of the dual connectivity [Figs. 1-4, 12-19, Sections 0006, 0116, 0153: Using the MR-DC (Multi-Radio Dual Connectivity), the UE is connected in a Master Cell Group (MCG), controlled by the Master Node (MN). In one variant, the response from the SN, an Xn AP message to be processed by the MN that the SCG is to be in activated mode; the MN made aware that the SN has determined the mode of operation to be activated. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node about the S-NG-RAN node addition],
wherein the second signal is transmitted to the UE before the secondary node sends the inter-node message to the master node or before the secondary node receives a response to the inter-node message from the master node [Sections 0113, 0145, 0153, 0187: The response from the SN includes a container to be transmitted to the UE. Applying the SCG configuration includes activated mode of operation responsive to the request indicating a activated mode of operation wherein the UE performs random access. This message (i.e. ACK) is sent by the S-NG-RAN node to confirm the M-NG-RAN node (i.e. Master Node) about the S-NG-RAN node addition. The response from the SN as part of an Xn AP message that the SCG to be added or in activated mode of operation; upon reception the MN is made aware that the SN has determined the mode of operation to be activated].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: 1. CENTONZA et al. US 20240056835
2. Qiu et al. US 20230379992
Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
December 28, 2025
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477