DETAILED ACTION
This communication is in response to applicant’s response filed under 37 C.F.R. §1.111 in response to a non-final office action. Claims 1-20 have been amended. Claims 1-20 are subject to examination.
Acknowledgement is made to the Applicant’s amendment to claim 2 to obviate the previous 35 U.S.C. 112(b) to claim 2. The previous 35 U.S.C. 112(b) to claim 2 is hereby withdrawn.
Acknowledgement is made to the Applicant’s amendment to the specification to correct minor informalities.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection.
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 1-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yiu (US 2021/0227442 A1) in view of Blumenthal (US 2022/0271824 A1).
Regarding claims 1 and 19, Yiu teaches, a communication device, comprising:
a transceiver (Yiu; UE 202, Par. 0067); and
a processor configured to:
receive, via the transceiver, execution trigger information regarding a trigger to execute a handover from a first non-terrestrial station having a first cell to a second non-terrestrial station having a second cell different from the first cell, (Yiu; In embodiments, a location-based conditional handover may be used for NTN. In this case, the UE may perform RACH only if the UE enters the location range in the conditional handover command. The location range may include, for example, a coordinate and a distance, Par. 0032 & In some embodiments, the location-based event triggering may be used with non-terrestrial networks (NTNs), e.g., in which a next generation Node B (gNB) is implemented in an airborne or spaceborne vehicle, Par. 0015)
evaluate the trigger based on the execution trigger information, (Yiu; When the UE measures its location and the coordinate of the target cell, if distance is less than configured distance, the UE triggers handover (by performing RACH), Par. 0032) and
connect to the second non-terrestrial station based on the evaluation. (Yiu; the UE triggers handover (by performing RACH), Par. 0032)
Yiu fails to explicitly teach,
execute a detachment procedure on the first non-terrestrial station based on the execution trigger information,
after the execution of the detachment procedure and while the communication device is not connected to the first non-terrestrial station.
However, Blumenthal teaches,
execute a detachment procedure on the first non-terrestrial station based on the execution trigger information, (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator based on the relative position of the ground terminal on a platform to the position in space of the receding and approaching satellites in the constellation. Satellite ephemeris data for the approaching satellite is used to repoint the ESA receive beam from the receding satellite 320R to the approximate location of the approaching satellite 320A, Par. 0039 & During the time that it takes to switch the modem, reacquire the receive signal from the approaching satellite and start up its transmitter over the approaching satellite, communications will be interrupted, Par. 0045) [Examiner’s Note: Blumenthal teaches that the user terminal, upon the operator-chosen handover time interval and based on ephemeris data (trigger information), redirects its beam away from the receding (first) satellite, thereby breaking communications with the first satellite. This constitutes executing a detachment procedure based on the received execution trigger information.]
after the execution of the detachment procedure and while the communication device is not connected to the first non-terrestrial station, (Blumenthal; A pointing and signal acquisition algorithm based on maximizing the receive signal strength is then used by the user terminal 300 to lock the receive beam onto the approaching satellite 320A. Once the receive beam has been found and locked onto the approaching satellite 320A, the ground terminal’s modem’s demodulator will lock onto signal coming from the approaching satellite and report its SNR, Par. 0039 & During the time that it takes to switch the modem, reacquire the receive signal from the approaching satellite and start up its transmitter over the approaching satellite, communications will be interrupted, Par. 0045) [Examiner’s Note: Blumenthal teaches that after breaking from the receding satellite (i.e., after the detachment), the user terminal evaluates the approaching satellite by performing a signal acquisition algorithm that maximizes receive signal strength and achieves modem lock. This evaluation occurs while the user terminal is not connected to the first (receding) satellite, as communications are interrupted during this time (Par. 0045).]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite as it moves away from the terminal and passes out of view, to the approaching satellite in the constellation, as it moves into view of the terminal (Blumenthal; Par. 0037), since in NGSO satellite constellations, the user terminal physically cannot maintain connection to both the receding and approaching satellites simultaneously when using a single antenna beam (Blumenthal; Par. 0038-0039, 0045).
Regarding claim 2, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein a period occurs immediately after execution of the detachment procedure during which communication with both the first cell and the second cell is impossible and initial connection to the second cell is not yet executed. (Blumenthal; During the time that it takes to switch the modem, reacquire the receive signal from the approaching satellite and start up its transmitter over the approaching satellite, communications will be interrupted, Par. 0045) [Examiner’s Note: Blumenthal explicitly teaches that after breaking from the receding satellite and before locking onto the approaching satellite, there is a period during which communications are interrupted — i.e., communication with both the first and second cell is impossible and the initial connection to the second cell has not yet been executed.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 3, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the execution trigger information includes at least one of information regarding RSRP of the second cell, information regarding Reference Signal Received Quality (RSRQ) of the second cell, or information regarding Received Signal Strength Indicator (RSSI) of the second cell, (Yiu; Optionally, the execution condition may include one or both of A3 and A5 events and the location, Par. 0032) [Examiner’s Note: Yiu teaches that A3 and A5 event conditions may optionally be included as part of the execution condition. The A3 and A5 conditions are measurement-based conditions involving RSRP, RSRQ, or RS-SINR as defined in Pars. 0033-0064.] and
the evaluation for the trigger is to compare the execution trigger information with at least one of the RSRP of the second cell, the RSRQ of the second cell, or the RSSI of the second cell after the execution of the detachment procedure on the first non-terrestrial station. (Yiu; Par. 0032-0033 & Blumenthal; A pointing and signal acquisition algorithm based on maximizing the receive signal strength is then used by the user terminal 300 to lock the receive beam onto the approaching satellite 320A. Once the receive beam has been found and locked onto the approaching satellite 320A, the ground terminal’s modem’s demodulator will lock onto signal coming from the approaching satellite and report its SNR, Par. 0039) [Examiner’s Note: Blumenthal teaches that after breaking from the receding satellite, the user terminal evaluates the approaching satellite by measuring and comparing signal strength (analogous to RSRP/RSSI) and SNR. Combined with Yiu’s A3/A5 event conditions, the evaluation is performed after the detachment.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 4, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein coverage of the first cell do not overlap with coverage of the second cell. (Blumenthal; the handover of communications from a receding satellite as it moves away from the ground terminal and passes out of view, to the approaching satellite in the constellation, as it moves into view of the ground terminal, Par. 0037 & As this current satellite moves in its orbit it will move out of view relative to the ground terminal, Par. 0038) [Examiner’s Note: Blumenthal teaches that the receding satellite passes out of view before the approaching satellite comes into view, describing a scenario where the coverage area of the receding satellite no longer covers the ground terminal location when the approaching satellite’s coverage begins, i.e., the coverages do not overlap. This is further evidenced by the interruption in communications (Par. 0045).]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite as it passes out of view to an approaching satellite as it moves into view (Blumenthal; Par. 0037).
Regarding claim 5, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to execute the detachment procedure in a case of reception of a detachment execution notification from the first non-terrestrial station. (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator, Par. 0039) [Examiner’s Note: Blumenthal teaches that the satellite constellation operator determines and communicates the handover time interval to the user terminal, which functions as the notification to execute the detachment at the designated time.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 6, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to:
receive, via the transceiver, detachment execution trigger information regarding a detachment execution trigger for executing the detachment procedure, (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator based on the relative position of the ground terminal on a platform to the position in space of the receding and approaching satellites in the constellation, Par. 0039)
execute an evaluation for the detachment execution trigger based on the detachment execution trigger information, and (Blumenthal; Satellite ephemeris data for the approaching satellite is used to repoint the ESA receive beam from the receding satellite 320R to the approximate location of the approaching satellite 320A, Par. 0039) [Examiner’s Note: Blumenthal teaches that the user terminal uses the received ephemeris data and operator-determined handover time interval to determine when to initiate the break from the receding satellite, i.e., evaluates whether the detachment trigger condition (handover time) has been met.]
execute the detachment procedure on the first non-terrestrial station based on the evaluation. (Blumenthal; Satellite ephemeris data for the approaching satellite is used to repoint the ESA receive beam from the receding satellite 320R, Par. 0039 & communications will be interrupted, Par. 0045)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 7, Yiu-Blumenthal teaches, the communication device according to claim 6,
wherein the detachment execution trigger information includes at least one of information regarding reception power of a signal transmitted by the first non-terrestrial station, information regarding time or a timer for executing the detachment procedure, or information regarding execution of the detachment procedure. (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator based on the relative position of the ground terminal on a platform to the position in space of the receding and approaching satellites in the constellation, Par. 0039) [Examiner’s Note: Blumenthal teaches that the handover time interval (information regarding time for executing the detachment procedure) is provided by the constellation operator.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 8, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to transmit a detachment request to the first non-terrestrial station. (Blumenthal; Once full duplex communications over the approaching satellite has been confirmed by the gateway 330, the gateway 330 will turn off its transmitter to the receding satellite 320R, Par. 0040) [Examiner’s Note: Blumenthal teaches that the gateway is informed when full duplex communications over the approaching satellite are confirmed, indicating coordination between the terminal and the network to finalize detachment from the receding satellite.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 9, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to select the second non-terrestrial station from among one or more communication stations preset as handover target candidates. (Yiu; In embodiments, a location-based conditional handover may be used for NTN. In this case, the UE may perform RACH only if the UE enters the location range in the conditional handover command, Par. 0032 & Blumenthal; Satellite ephemeris data for the approaching satellite is used to repoint the ESA receive beam from the receding satellite 320R to the approximate location of the approaching satellite 320A, Par. 0039) [Examiner’s Note: Yiu teaches that the target cell is preconfigured in the conditional handover command. Blumenthal teaches that the approaching satellite (target) is predetermined based on its known position in the orbital chain (ephemeris data). In both references, the second non-terrestrial station is selected from a preset/predetermined candidate.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 10, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the execution trigger information includes at least one of information regarding time to start the handover, information regarding time to start the evaluation for the trigger, information regarding an operation after a period in which the handover is performed ends, or information regarding an operation in a case where a synchronization signal from a communication station other than the second non-terrestrial station is received. (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator based on the relative position of the ground terminal on a platform to the position in space of the receding and approaching satellites in the constellation, Par. 0039 & Yiu; This event may optionally be used with a configured time-to-trigger (TTT). For example, the UE may start a timer upon entering the location, and the measurement report may be triggered when the timer expires, Par. 0026) [Examiner’s Note: Blumenthal teaches information regarding time to start the handover (the operator-chosen handover time interval), and Yiu teaches time-to-trigger information for starting the evaluation.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 11, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the communication device is configured to receive information regarding a period in which the handover is executed via the transceiver, (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator, Par. 0039) and
the processor is further configured to stand by for reception of a synchronization signal from a communication station after the period in which the handover is performed ends. (Blumenthal; A pointing and signal acquisition algorithm based on maximizing the receive signal strength is then used by the user terminal 300 to lock the receive beam onto the approaching satellite 320A, Par. 0039) [Examiner’s Note: Blumenthal teaches that the user terminal searches for and acquires the signal from the approaching satellite after the handover interval begins, which includes receiving and locking onto the signal from the target satellite — analogous to standing by for reception of a synchronization signal from the target communication station.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 12, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the communication device is configured to receive information regarding a period in which the handover is executed via the transceiver, (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator, Par. 0039) and
the processor is further configured to discard information regarding the handover after the period in which the handover is performed ends. (Blumenthal; As the approaching satellite moves across the sky, it will eventually become the receding satellite and a new approaching satellite (the next satellite in the orbital chain) will appear to the user terminal and the handover process will repeat, Par. 0040) [Examiner’s Note: Blumenthal teaches that once the handover is complete and the approaching satellite becomes the current satellite, the previous handover information (ephemeris data for the now-departed receding satellite) is no longer relevant and the process repeats with new information for the next approaching satellite in the orbital chain.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 13, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to stand by for reception of a synchronization signal of the second non-terrestrial station in a case of reception of a synchronization signal of a different communication station prior to reception of a synchronization signal of the second non-terrestrial station. (Blumenthal; Satellite ephemeris data for the approaching satellite is used to repoint the ESA receive beam from the receding satellite 320R to the approximate location of the approaching satellite 320A. A pointing and signal acquisition algorithm based on maximizing the receive signal strength is then used by the user terminal 300 to lock the receive beam onto the approaching satellite 320A, Par. 0039) [Examiner’s Note: Blumenthal teaches that the user terminal specifically directs its beam toward the designated approaching satellite using ephemeris data and uses a signal acquisition algorithm to lock onto that specific satellite. The terminal specifically seeks and waits for the signal from the predetermined target satellite rather than connecting to any other satellite signal that may be incidentally received during the acquisition process.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 15, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to execute one of a handover procedure in which there is one handover target candidate and a handover procedure in which there are a plurality of handover target candidates based on information from the first non-terrestrial station. (Yiu; Par. 0032 & Blumenthal; A handover from the current satellite to another satellite in the constellation will occur when the current satellite has moved further away from the ground terminal and another satellite in the constellation has moved closer to the ground terminal, Par. 0038) [Examiner’s Note: Blumenthal teaches a handover procedure with a single target candidate — the next approaching satellite in the orbital chain. Yiu teaches a conditional handover to a specific pre-designated target cell. Both teach a handover procedure with one handover target candidate based on information received from the network/first station.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 16, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to omit an initial access procedure and connect to the second non-terrestrial station based on information from the first non-terrestrial station. (Blumenthal; Satellite ephemeris data for the approaching satellite is used to repoint the ESA receive beam from the receding satellite 320R to the approximate location of the approaching satellite 320A. A pointing and signal acquisition algorithm based on maximizing the receive signal strength is then used by the user terminal 300 to lock the receive beam onto the approaching satellite 320A. Once the receive beam has been found and locked onto the approaching satellite 320A, the ground terminal’s modem’s demodulator will lock onto signal coming from the approaching satellite and report its SNR, Par. 0039) [Examiner’s Note: Blumenthal teaches that the user terminal connects to the approaching satellite using pre-provided ephemeris data (information from the first station/network) without performing a conventional random access procedure — the terminal directly repoints its beam and locks onto the signal using a signal acquisition algorithm.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claim 17, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the processor is further configured to switch between execution of the handover which is contention free and execution of the handover which is contention based according to at least one of priority of the communication device or priority of data that the communication device transmits or receives. (Blumenthal; Two different methods of handing off from the receding satellite to the approaching satellite are discussed; Break-Before-Make handover and Make-Before-Break handover, Par. 0037) [Examiner’s Note: Blumenthal teaches that the system selects between break-before-make handover and make-before-break handover based on the type of service and device capabilities (Par. 0037). Make-before-break (wherein resources are pre-established on the incoming satellite prior to breaking from the outgoing satellite, analogous to contention-free) is used for certain services, while break-before-make (wherein the terminal must acquire the new signal after breaking, analogous to contention-based) is used for other services/devices. The selection between these methods is based on service type and device priority.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite to the approaching satellite in the constellation (Blumenthal; Par. 0037).
Regarding claims 18 and 20, Yiu teaches, a communication device comprising:
a first cell and the communication device is operated as a non-terrestrial station;
a transceiver (Yiu; gNB implemented in an airborne or spaceborne vehicle, Par. 0015); and
a processor configured to:
transmit execution trigger information regarding a trigger to execute a handover via the transceiver to a terminal device, (Yiu; the network may configure a location with a distance… the conditional handover command. The location range may include, for example, a coordinate and a distance, Par. 0032 & In some embodiments, the location-based event triggering may be used with non-terrestrial networks (NTNs), e.g., in which a next generation Node B (gNB) is implemented in an airborne or spaceborne vehicle, Par. 0015) and
wherein the terminal device executes an evaluation for the trigger based on the execution trigger information, and connects to a second communication device having a second cell different from the first cell based on the evaluation. (Yiu; When the UE measures its location and the coordinate of the target cell, if distance is less than configured distance, the UE triggers handover (by performing RACH), Par. 0032)
Yiu fails to explicitly teach,
execute a detachment procedure on the terminal device, wherein, after execution of the detachment procedure and while the terminal device is not connected to the communication device, the terminal device executes the evaluation.
However, Blumenthal teaches,
execute a detachment procedure on the terminal device, wherein, after execution of the detachment procedure and while the terminal device is not connected to the communication device, the terminal device executes the evaluation. (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator based on the relative position of the ground terminal on a platform to the position in space of the receding and approaching satellites in the constellation. Satellite ephemeris data for the approaching satellite is used to repoint the ESA receive beam from the receding satellite 320R to the approximate location of the approaching satellite 320A. A pointing and signal acquisition algorithm based on maximizing the receive signal strength is then used by the user terminal 300 to lock the receive beam onto the approaching satellite 320A, Par. 0039 & During the time that it takes to switch the modem, reacquire the receive signal from the approaching satellite and start up its transmitter over the approaching satellite, communications will be interrupted, Par. 0045) [Examiner’s Note: Blumenthal teaches that the constellation operator initiates the detachment by choosing the handover time interval (analogous to the non-terrestrial station executing a detachment procedure on the terminal device). After the terminal redirects its beam away from the receding satellite (detaches), the terminal evaluates the approaching satellite by performing a signal acquisition algorithm (maximizing receive signal strength, achieving modem lock) while communications with the receding satellite are interrupted (i.e., while not connected to the communication device).]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu to include the features as taught by Blumenthal above in order to perform handover of communications from a receding satellite as it moves away from the terminal and passes out of view, to the approaching satellite in the constellation, as it moves into view of the terminal (Blumenthal; Par. 0037), since in NGSO satellite constellations, the user terminal physically cannot maintain connection to both the receding and approaching satellites simultaneously when using a single antenna beam (Blumenthal; Par. 0038-0039, 0045).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yiu - Blumenthal in further in view of Shrestha et al. (Shrestha hereafter) (US 2021/0368407 A1).
Regarding claim 14, Yiu-Blumenthal teaches, the communication device according to claim 1,
wherein the communication device is configured to receive information regarding a period in which the handover is executed via the transceiver, (Blumenthal; A handover time interval is chosen by the NGSO satellite constellation operator, Par. 0039)
Yiu-Blumenthal fails to explicitly teach,
in a case where the processor is further configured to receive a synchronization signal of a different communication station prior to reception of a synchronization signal of the second non-terrestrial station and where the period in which the handover is executed ends, the processor is further configured to connect to the different communication station.
However, Shrestha teaches,
in a case where the processor is further configured to receive a synchronization signal of a different communication station prior to reception of a synchronization signal of the second non-terrestrial station and where the period in which the handover is executed ends, the processor is further configured to connect to the different communication station. (Shrestha; selecting a cell different from the target cell with which the UE is to establish a connection based on a failure of the handover procedure or aborting the handover procedure; and establishing the connection with the cell using the configuration of the target cell received in the first control message, Par. 0011 & selecting a cell with which the UE is to establish a connection; and establishing the connection with the selected cell using the configuration of the target cell received in the first control message, Par. 0051) [Examiner’s Note: Shrestha teaches that in a case where the handover procedure to the target cell fails or is aborted (i.e., the intended target’s synchronization signal is not successfully received and the handover period effectively ends), the UE selects and connects to a different cell that is available.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yiu-Blumenthal to include the features as taught by Shrestha above in order to allow the UE to establish a connection with an alternative cell in the event that the intended handover procedure fails or cannot be completed (Shrestha; Par. 0011), thereby ensuring continued service availability for the terminal device.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noel R Beharry whose telephone number is (571)270-5630. The examiner can normally be reached M-Th 9-5pm.
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NOEL R. BEHARRY
Supervisory Patent Examiner
Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
Prosecution Insights