DETAILED ACTION
This Non-Final Office Action is in response to application number 18/578,599 filed on January 11th 2021. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 01/11/2024.
Information Disclosure Statements
The Information Disclosure Statement (IDS), submitted on November 9th 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections – 35 USC § 102
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.
Claims 62,64-67,69-70,74-75,77 and 78 are rejected under 35 U.S.C. 102(a) as being anticipated by Huawei (3GPP TSG-RAN R3-212510).
Regarding claims 62 and 75, Huawei discloses an apparatus, comprising: at least one processor; and at least one memory comprising computer program code, the at least one memory and computer program code configured, with the at least one processor, to cause the apparatus at least to: receive, at distributed unit, a message from a centralized unit, wherein the message comprises a flag to indicate that a layer 3 handover of a user equipment is being prepared or executed (R3-212510 Huawei Section 2.1.1. For Intra DU Scenarios discloses “Then the gNB-CU generates an RRCReconfiguration message and sends it to the gNB-DU via a DL RRC MESSAGE TRANSFER message. After that, the gNB-DU forwards the received RRCReconfiguration message to UE and this completes the handover pre -configuration phase. Here it should note that UE needs to recognize if the received RRCReconfiguration message is for a real (L3) handover or for pre-configuration of a possible L1/L2 handover.”); based on at least one of the said received message and a measurement report received from the user equipment, determine, by the distributed unit, whether the user equipment should perform a layer 1/layer 2 inter-cell change or the layer 3 handover (R3-212510 Huawei Section 2.1.1 discloses “Then the gNB-CU generates an RRCReconfiguration message and sends it to the gNB-DU via a DL RRC MESSAGE TRANSFER message” whereby “UE needs to recognize if the received RRCReconfiguration message is for a real (L3) handover or for pre-configuration of a possible L1/L2 handover.” and Section 2.1.2. Handover Execution Phase discloses “Then the measurement report is sent to the source DU. No matter in which node the handover decision is made (source DU/target DU/source CU), we need to let these nodes have a consistent understanding about the result of the handover decision. After the handover decision is made, the source DU will send the UE a handover execution command by L1/L2 signalling. In the following analysis, we take the source DU as the decision maker as an example.”).
Regarding claims 64 and 77, Huawei discloses the apparatus of claim 62, wherein the receiving of the flag may pre-empt layer 1/layer 2 handover execution by the distributed unit (R3-212510 Huawei Section 2.1.1. For Intra DU Scenarios discloses “Then the gNB-CU generates an RRCReconfiguration message and sends it to the gNB-DU via a DL RRC MESSAGE TRANSFER message. After that, the gNB-DU forwards the received RRCReconfiguration message to UE and this completes the handover pre -configuration phase. Here it should note that UE needs to recognize if the received RRCReconfiguration message is for a real (L3) handover or for pre-configuration of a possible L1/L2 handover.”).
Regarding claims 65 and 78, Huawei discloses the apparatus of claim 62, wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to: trigger layer 1/layer 2 handover or multi-transmission/reception point operation to substitute or compliment the layer 3 handover (R3-212510 Huawei Section 2.1.1. For Intra DU Scenarios discloses “Then the gNB-CU generates an RRCReconfiguration message and sends it to the gNB-DU via a DL RRC MESSAGE TRANSFER message. After that, the gNB-DU forwards the received RRCReconfiguration message to UE and this completes the handover pre -configuration phase. Here it should note that UE needs to recognize if the received RRCReconfiguration message is for a real (L3) handover or for pre-configuration of a possible L1/L2 handover.”).
Regarding claim 66, Huawei discloses the apparatus of claim 62, wherein the message comprises a F1 application protocol message, wherein any communication between the distributed unit and the centralized unit of the network node is considered an F1 application protocol message (R3-212510 Huawei Section 2.1.1. Last Paragraph discloses “For intra-DU scenarios, one gNB-CU interacts with one gNB-DU via F1 interface.”).
Regarding claim 67, Huawei discloses the apparatus of claim 62, wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to: receive an indication, at the distributed unit from the user equipment, when the user equipment sends a layer 3 measurement report to the centralized unit based on one or more measurement events l message (R3-212510 Huawei Observation 3 discloses “In inter-CU scenarios, L3 based handovers has to be involved for updating the security key”).
Regarding claim 69, Huawei discloses the apparatus of claim 67, wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to :based at least on the received indication and comparison with the received layer 1 measurement reports, determine whether a cell for which measurements are included in the layer 3 measurement report to the centralized unit, belongs to the distributed unit or not (R3-212510 Huawei Section 2.1.1. For Inter DU Scenarios discloses “candidate cells belong to different DUs within one CU. The gNB-CU can obtain the candidate cells’ configuration from the candidate gNB-DUs through UE Context Setup procedure. Besides, there may be candidate cells belong to the source gNB-DU, in this case, the UE Context Modification procedure for the source gNB-DU is also needed. Then the procedure in intra-DU scenarios can be applied: the gNB-CU sends an RRCReconfiguration message to the source gNB-DU and the gNB-DU forwards the message to UE.”).
Regarding claim 70, Huawei discloses the apparatus of claim 67, wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to: based at least on the received indication, determine, by the distributed unit, whether to trigger layer 1 or layer 3 cell change for the user equipment (R3-212510 Huawei Section 2.1.2. Handover execution phase discloses “No matter in which node the handover decision is made (source DU/target DU/source CU), we need to let these nodes have a consistent understanding about the result of the handover decision. After the handover decision is made, the source DU will send the UE a handover execution command by L1/L2 signalling. In the following analysis, we take the source DU as the decision maker as an example.”).
Regarding claim 74, Huawei discloses the apparatus of claim 62, wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to: seek acknowledgement from the centralized unit before triggering, by the distributed unit, a layer 1/layer 2 handover command towards the user equipment; and trigger a layer 1/layer 2 handover command towards the user equipment only after the said acknowledgement is received from the centralized unit (R3-212510 Huawei FIG 2.- Handover execution procedures of L1/L2 centric inter-cell mobility - Inter -CU discloses the source gNB-DU sending the decision notification message to the target gNB-CU and receiving from the target gNB-CU the decision ACK message before initiating the release command).
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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 63 and76 are rejected under 35 U.S.C. 103 as being unpatentable over Huawei (3GPP TSG-RAN R3-212510) in view of Kim et al. (WO 202018863 A1).
Regarding claim 63 and 76, Huawei discloses the apparatus of claim 62.
Huawei et al. fail to explicitly disclose to determine, by the distributed unit, that the layer 3 handover of the user equipment is not required; and transmit a message to inform the centralized unit that the layer 3 handover of the user equipment is not required.
However in an analogous art Kim et al teaches to determine, by the distributed unit, that the layer 3 handover of the user equipment is not required; and transmit a message to inform the centralized unit that the layer 3 handover of the user equipment is not required (WO 202018863 A1 Page 14 Paragraph 9 “The establishment of the F1 UE context is initiated by the gNB-CU and accepted or rejected by the gNB-DU based on admission control criteria (e.g., resource not available).” Page 14 Paragraph 10 discloses “The modification of the F1 UE context can be initiated by either gNB-CU or gNB-DU. The receiving node can accept or reject the modification”. Page 14 Paragraph 13 discloses “With this function, gNB-CU requests the gNB-DU to setup or change of the special cell (SpCell) for the UE, and the gNB-DU either accepts or rejects the request with appropriate cause value.” Page 13
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Huawei to incorporate the teachings of Kim et al., to determine by the distributed unit, that the layer 3 handover of the user equipment is not required; and transmit a message to inform the centralized unit that the layer 3 handover of the user equipment is not required, due to the fact that the resources required to support the handover are not available.
Claim 68 is rejected under 35 U.S.C. 103 as being unpatentable over Huawei (3GPP TSG-RAN R3-212510) in view of Sang et al. (US 20180279182 A1).
Regarding claim 68, Huawei discloses the apparatus of claim 67.
Huawei fails to explicitly disclose wherein the indication is based on the centralized unit or distributed unit configuration, and wherein the indication comprises at least one of the layer 3 measurement results in a format comprehensible by the distributed unit or an indication of which of the measurement events were triggered.
However in an analogous art Sang et al. teaches wherein the indication is based on the centralized unit or distributed unit configuration, and wherein the indication comprises at least one of the layer 3 measurement results in a format comprehensible by the distributed unit or an indication of which of the measurement events were triggered (US 20180279182 Paragraph 0102 discloses “At step 617, an L3 trigger for inter-DU HO occurs at the UE 603. The L3 trigger occurs based on DL RRM measurements. At step 620, the UE 603 transmits to the source DU 605 an L3 measurement report, which the source DU 605 forwards to the CU 610. Alternatively, the L3 measurement report is at L2 or L1 and the source DU 605 relays the L3 measurement report to the CU 610 at L3.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Huawei to incorporate the teachings of Sang et al., to indicate is based on the centralized unit or distributed unit configuration, and wherein the indication comprises at least one of the layer 3 measurement results in a format comprehensible by the distributed unit or an indication of which of the measurement events were triggered, in order to improve latency and resource efficiency through awareness of the L3 measurements.
Claims 71,72,73,79,80 and 81 are rejected under 35 U.S.C. 103 as being unpatentable over Huawei (3GPP TSG-RAN R3-212510) in view of Oak et al. (US 20180332516 A1).
Regarding claim 71, Huawei discloses the apparatus of claim 69.
Huawei fails to explicitly disclose wherein, when there is no cell belonging to the distributed unit that meet the criteria set for the one or more measurement events, the determining comprises determining not to issue a layer 1 cell change command to the user equipment.
However, in an analogous art Oak et al. teaches wherein, when there is no cell belonging to the distributed unit that meet the criteria set for the one or more measurement events, the determining comprises determining not to issue a layer 1 cell change command to the user equipment (US 20180332516 Paragraph 0065 discloses “The source DU 304 is capable of stopping the DL data transmission in response to the reception of the HANDOVER START INDICATION message in operation 326. More specifically, the source DU 304 is capable of stopping the DL data transmission, based on information included in the HANDOVER START INDICATION.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Huawei to incorporate the teachings of Oak et al., wherein, when there is no cell belonging to the distributed unit that meet the criteria set for the one or more measurement events, the determining comprises determining not to issue a layer 1 cell change command to the user equipment, in order to reduce latency and increase resource efficiency by resolving to issue unnecessary commands when the cell is not managed by the DU .
Regarding claims 72 and 79, Oak et al. disclose the apparatus of claim 62.
Huawei fails to explicitly disclose wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to :when the centralized unit triggers an inter-distributed unit handover, receive, from the centralized unit, an indication to pause layer 1/layer 2 inter-cell change; and responsive to receiving the indication to pause, stop issuing of layer 1 handover commands towards the user equipment.
However in an analogous art Oak et al. teaches wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to :when the centralized unit triggers an inter-distributed unit handover, receive, from the centralized unit, an indication to pause layer 1/layer 2 inter-cell change; and responsive to receiving the indication to pause, stop issuing of layer 1 handover commands towards the user equipment (US 20180332516 Paragraph 0032 discloses “As described above, since the inter-cell handover operation is performed in the same eNB where RRC/PDCP/RLC/MAC layers exist, a source RLC/MAC is capable of detecting a timing when the data transmission needs to be stopped, and requesting, right after that, the resumption of transmission from a target RLC/MAC,…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Huawei to incorporate the teachings of Oak et al., to cause the apparatus at least to, when the centralized unit triggers an inter-distributed unit handover, receive, from the centralized unit, an indication to pause layer 1/layer 2 inter-cell change and responsive to receiving the indication to pause, stop issuing of layer 1 handover commands towards the user equipment, in order to reduce latency and increase resource efficiency by coordinating DU transmission in alignment with indications received.
Regarding claims 73 and 80, Huawei discloses the apparatus of claim 72.
Huawei fails to explicitly disclose wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to: receive an indication to resume the layer 1/layer 2 inter-cell change; and responsive to receiving the indication to resume, resume issuing of layer 1 handover commands towards the user equipment.
However in an analogous art Oak et al. teaches wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to: receive an indication to resume the layer 1/layer 2 inter-cell change; and responsive to receiving the indication to resume, resume issuing of layer 1 handover commands towards the user equipment (US 20180332516 Paragraph 0032 discloses “As described above, since the inter-cell handover operation is performed in the same eNB where RRC/PDCP/RLC/MAC layers exist, a source RLC/MAC is capable of detecting a timing when the data transmission needs to be stopped, and requesting, right after that, the resumption of transmission from a target RLC/MAC,…”.) . Paragraph 0028 discloses “The eNB 104 is capable of stopping the transmission/reception of data between a radio link control (RLC) layer and a media access control (MAC) layer in a source cell, in response to the determination of the handover, in operation 125”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Huawei to incorporate the teachings of Oak et al., to cause the apparatus at least to receive an indication to resume the layer 1/layer 2 inter-cell change and responsive to receiving the indication to resume, resume issuing of layer 1 handover commands towards the user equipment, in order to reduce latency and increase resource efficiency by coordinating DU transmission in alignment with indications received.
Regarding claim 81 Huawei and Oak et al. disclose The apparatus of claim 79. wherein the at least one memory and computer program code are configured, with the at least one processor, to cause the apparatus at least to: receive, by the centralized unit, a request for acknowledgement from the distributed unit before triggering, by the distributed unit, a layer 1/layer 2 handover command towards the user equipment; and send, by the centralized unit, an acknowledgement to the distributed unit to trigger a layer 1/layer 2 handover, when a layer 3 handover is not initiated by the centralized unit (R3-212510 Huawei FIG 2.- Handover execution procedures of L1/L2 centric inter-cell mobility - Inter -CU discloses the source gNB-DU sending the decision notification message to the target gNB-CU and receiving from the target gNB-CU the decision ACK message before initiating the release command).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samuel Dilan Rutnam whose telephone number is 703-756-1374. The examiner can normally be reached between 8:30am-5:00pm Mon-Fri.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy Kundu can be reached on 571-272-8586.
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/Samuel Dilan Rutnam/
Patent Examiner, Art Unit 2471
/MOHAMMAD S ADHAMI/Primary Examiner, Art Unit 2471