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 information disclosure statement (IDS) submitted on 02/22/2024 and 08/28/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 3, 7, 11 and 15 are objected to because of the following informalities:
Claims 3, 7, 11 and 15 in line 2, " NES CHO” should be replaced by "network energy saving (NES) CHO”.
Appropriate correction is required.
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).
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Claims 1-2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-2 of copending Application No. 18/626,013. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2 are “anticipated by” claims 1-2 of copending Application No. 18/626,013.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 18/584,897 (Instant)
Co-pending Application No. 18/626,013
1. A method performed by a user equipment (UE) in a wireless communication system, the method comprising: receiving, from a base station, a radio resource control (RRC) message including a configuration associated with a conditional handover (CHO); identifying whether an event is satisfied based on the configuration; and performing the CHO in case that the event is satisfied.
2. The method of claim 1, wherein the event is satisfied in case that downlink control information (DCI) including an indication associated with a network energy saving (NES) is received from the base station.
1. A method performed by a terminal in a wireless communication system, the method comprising: receiving, from a base station, configuration information for a conditional handover (CHO) including trigger condition information for the CHO; identifying whether the trigger condition information includes information indicating that an event for a trigger condition is associated with network energy saving (NES); in case that the trigger condition information includes the information, identifying whether an indication for a NES mode is received from the base station; in case that the indication for the NES mode is received, identifying whether the event for the trigger condition is satisfied based on a reception of the indication; and in case that the event for the trigger condition is satisfied, performing a CHO procedure.
2. The method of claim 1, wherein the configuration information for the CHO is received via a radio resource control (RRC) message, wherein the indication for the NES mode is received via a downlink control information (DCI), and wherein the event for the trigger condition is associated with a specific NES mode.
Claims 5-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6-7 of copending Application No. 18/626,013. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 5-6 are “anticipated by” claims 6-7 of copending Application No. 18/626,013.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 18/584,897 (Instant)
Co-pending Application No. 18/626,013
5. A method performed by a base station in a wireless communication system, the method comprising: transmitting, to a user equipment (UE), a radio resource control (RRC) message including a configuration associated with a conditional handover (CHO); and performing the CHO in case that an event is satisfied based on the configuration.
6. The method of claim 5, wherein the event is satisfied in case that downlink control information (DCI) including an indication associated with a network energy saving (NES) is transmitted to the UE.
6. A method performed by a base station in a wireless communication system, the method comprising: transmitting, to a terminal, configuration information for a conditional handover (CHO) including trigger condition information for the CHO; and in case that the trigger condition information includes information indicating that an event for a trigger condition is associated with network energy saving (NES), transmitting, to the terminal, an indication for a NES mode, wherein whether the event for the trigger condition is satisfied is identified based on the indication, and wherein, in case that the event for the trigger condition is satisfied, a CHO procedure is performed.
7. The method of claim 6, wherein the configuration information for the CHO is transmitted via a radio resource control (RRC) message, wherein the indication for the NES mode is transmitted via a downlink control information (DCI), and wherein the event for the trigger condition is associated with a specific NES mode.
Similarly, all other dependent claims of the instant application (Application No. 18/584,897) are rejected on the ground of nonstatutory double patenting as being unpatentable over combinations of dependent claims (similar to combinations of independent/dependent claims as shown above) of Co-pending Application No. 18/626,013. Although those claims at issue are not identical, they are not patentably distinct from each other because combination of those dependent claims are “anticipated by” the combination of dependent claims of Co-pending Application No. 18/626,013.
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 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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Han et al. (2025/0380212), Han hereinafter. Han teaches all of the limitations of the specified claim with the following reasoning that follows.
Re. claims 1 and 9, Han teaches a method (Fig.1-11& ¶0028/¶0085-¶0086) performed by a user equipment (Fig. 1C-1/1C-2, UE) (UE) in a wireless communication system (Fig. 1C-1/1C-2), and a user equipment (UE) (Fig. 1C-1/1C-2, UE/Fig.12-13) in a wireless communication system (Fig. 1C-1/1C-2), the UE (Fig. 1C-1/1C-2, UE/Fig.12-13, ¶0193 - The communication apparatuses may implement a function of the terminal device or the network device) comprising: a transceiver (Fig. 12, 1201, ¶0193); and a controller (Fig. 12, 1202/Fig. 13, 1310 & ¶0193) operably connected to the transceiver, the controller configured to: receive, from a base station, a radio resource control (RRC) message including a configuration associated with a conditional handover (CHO) (Fig.1-11& ¶0028 - the terminal device receives a reconfiguration message from a first network device. Further, the terminal device performs, based on the reconfiguration information, conditional handover based on an energy saving mode. The reconfiguration message includes indication information, and the indication information indicates at least one energy saving mode of a candidate cell of the second network device and at least one piece of configuration information associated with the at least one energy saving mode for conditional handover. Fig.1C-1/1C-2 & ¶0085 - In 144, the source base station 121 sends a radio resource control RRC reconfiguration message to the terminal device 105, where the radio resource control RRC reconfiguration message includes one or more CHO candidate cells and CHO execution conditions corresponding to the one or more candidate cells.), identify whether an event is satisfied based on the configuration (Fig.1C-1/1C-2 & ¶0086 - After receiving the reconfiguration message in 144, the terminal device 105 continues to maintain a connection to the source base station 121, and evaluates a CHO execution condition for the candidate cell in 149. When at least one CHO candidate cell meets the conditional handover execution condition, the terminal device 105 detaches (Detach) from the source cell in 151, disconnects from the source cell, applies a stored configuration of a target cell selected from the candidate cell, synchronizes to the target cell, for example, synchronizes to a target cell in the destination base station 123, and sends the RRC reconfiguration complete message to the target cell. After successfully completing a handover procedure, the terminal device 105 releases the stored CHO configuration.), and perform the CHO in case that the event is satisfied (Fig.1C-1/1C-2 & ¶0086 - After receiving the reconfiguration message in 144, the terminal device 105 continues to maintain a connection to the source base station 121, and evaluates a CHO execution condition for the candidate cell in 149. When at least one CHO candidate cell meets the conditional handover execution condition, the terminal device 105 detaches (Detach) from the source cell in 151, disconnects from the source cell, applies a stored configuration of a target cell selected from the candidate cell, synchronizes to the target cell, for example, synchronizes to a target cell in the destination base station 123, and sends the RRC reconfiguration complete message to the target cell. After successfully completing a handover procedure, the terminal device 105 releases the stored CHO configuration. In 155, the terminal device 105, the source base station 121, the destination base station 123, and the other candidate base stations 125 end conditional handover. Specifically, the destination base station 123 sends a “handover success” message to the source base station 121 in 155a, to notify the source base station 121 that the terminal device 105 has successfully accessed the target cell of the destination base station 123, and the source base station 121 sends a sequence number state to the destination base station 123 in 155b. In 155c, the source base station 121 sends a “handover cancel” message to the other candidate base stations 125, to cancel CHO to the other candidate base stations 125.).
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Re. claims 5 and 13, Han teaches a method (Fig.1-11& ¶0028/¶0085-¶0086) performed by a base station (Fig. 1C-1/1C-2, 121, Source Base station) in a wireless communication system (Fig. 1C-1/1C-2), and a base station (Fig. 1C-1/1C-2, 121, Source Base station/Fig.12-13) in a wireless communication system (Fig. 1C-1/1C-2), the base station comprising: a transceiver (Fig. 12, 1201, ¶0193 - The communication apparatuses may implement a function of the terminal device or the network device); and a controller (Fig. 12, 1202/Fig. 13, 1310 & ¶0193) operably connected to the transceiver, the controller configured to: transmit, to a user equipment (UE), a radio resource control (RRC) message including a configuration associated with a conditional handover (CHO) (Fig.1-11& ¶0028 - the terminal device receives a reconfiguration message from a first network device. Further, the terminal device performs, based on the reconfiguration information, conditional handover based on an energy saving mode. The reconfiguration message includes indication information, and the indication information indicates at least one energy saving mode of a candidate cell of the second network device and at least one piece of configuration information associated with the at least one energy saving mode for conditional handover. Fig.1C-1/1C-2 & ¶0085 - In 144, the source base station 121 sends a radio resource control RRC reconfiguration message to the terminal device 105, where the radio resource control RRC reconfiguration message includes one or more CHO candidate cells and CHO execution conditions corresponding to the one or more candidate cells), and perform the CHO in case that an event is satisfied based on the configuration (Fig.1C-1/1C-2 & ¶0086 - After receiving the reconfiguration message in 144, the terminal device 105 continues to maintain a connection to the source base station 121, and evaluates a CHO execution condition for the candidate cell in 149. When at least one CHO candidate cell meets the conditional handover execution condition, the terminal device 105 detaches (Detach) from the source cell in 151, disconnects from the source cell, applies a stored configuration of a target cell selected from the candidate cell, synchronizes to the target cell, for example, synchronizes to a target cell in the destination base station 123, and sends the RRC reconfiguration complete message to the target cell. After successfully completing a handover procedure, the terminal device 105 releases the stored CHO configuration. In 155, the terminal device 105, the source base station 121, the destination base station 123, and the other candidate base stations 125 end conditional handover. Specifically, the destination base station 123 sends a “handover success” message to the source base station 121 in 155a, to notify the source base station 121 that the terminal device 105 has successfully accessed the target cell of the destination base station 123, and the source base station 121 sends a sequence number state to the destination base station 123 in 155b. In 155c, the source base station 121 sends a “handover cancel” message to the other candidate base stations 125, to cancel CHO to the other candidate base stations 125.).
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Re. Claims 2, 6, 10 and 14, Han teaches claims 1, 5, 9 and 13.
Han further teaches wherein the event is satisfied in case that downlink control information (DCI) including an indication associated with a network energy saving (NES) is received from the base station. (Fig. 1-11 & ¶0137 - when an L1 instruction is used, a cell index (cell index) and a corresponding NES mode index may be indicated in L1 signaling. In embodiments of this disclosure, to indicate the NES mode index, L1 downlink control information (Downlink Control Information, DCI) may include one or more bits, and each bit corresponds to one NES state. When a value of a bit is “1”, it indicates that a corresponding current NES mode is activated. However, in a reconfiguration message 215, such as an RRC reconfiguration command, a bit length of the L1 instruction and/or a bit position of each NES mode in the L1 DCI may be indicated. In this way, the state of the candidate cell can be quickly updated to the terminal device 105 by using the L1 instruction. In this way, the conditional handover execution condition can be flexibly indicated, and the terminal device 105 can dynamically perform conditional handover evaluation. Fig. 1-11 & ¶0157 - an L1 DCI command includes a 1-bit or multi-bit condReconfigID indication. Each bit corresponds to one condReconfigID. When a value of the bit is “1”, it indicates that a corresponding condReconfigID is suspended or deleted. Fig. 1-11 & ¶0158 - based on the updated NES mode, the first network device 101 may dynamically suspend, delete, or resume evaluation of the terminal device 105 on the conditional handover execution condition. In this way, an execution condition of current conditional handover of the terminal device 105 can be quickly enabled or disabled, thereby avoiding possible handover failures.)
Re. Claims 3, 7, 11 and 15, Han teaches claims 1, 5, 9 and 13.
Han further teaches wherein the configuration associated with the CHO includes information indicating the event associated with a NES CHO. (Fig.1C-1/1C-2 & ¶0084 - a first handover response, to the source base station 121 in 143a.The first handover response may include a configuration of a conditional handover candidate cell in the destination base station 123, for example, network energy saving (Network Energy Saving, NES) mode information or an energy saving mode index of the candidate cell. In 142b, the other candidate base stations 125 perform permission control, permits the second handover request, and sends a response message, for example, a second handover response, to the source base station 121 in 143b. The second handover response may include a configuration of a conditional handover candidate cell in the other candidate base stations 125, for example, NES mode information or an energy saving mode index of the candidate cell. Fig.1C-1/1C-2 & ¶0085 - In 144, the source base station 121 sends a radio resource control RRC reconfiguration message to the terminal device 105, where the radio resource control RRC reconfiguration message includes one or more CHO candidate cells and CHO execution conditions corresponding to the one or more candidate cells. Fig.2A-B & ¶0097 - After receiving (212) the response message 210 for conditional handover, the first network device 101 sends (213) a reconfiguration message 215 to the terminal device 105, where the reconfiguration message 215 includes the indication information. The reconfiguration message 215 may correspond to RRC reconfiguration 144 in FIG. 1C-1 and FIG. 1C-2. After receiving (217) the reconfiguration message 215, the terminal device 105 performs, based on the reconfiguration message 215, energy saving mode-based conditional handover in step 219. In this way, the energy saving mode of the candidate cell of the second network device 103 may be transmitted to the terminal device 105, so that the terminal device 105 autonomously initiates conditional handover of the energy saving mode, thereby reducing energy consumption, improving energy utilization efficiency, and ensuring a system energy saving requirement.).
Re. Claims 4, 8, 12 and 16, Han teaches claims 2, 6, 10 and 14.
Han further teaches wherein the indication associated with the NES comprises a 1 bit. (Fig. 1-11 & ¶0137 - when an L1 instruction is used, a cell index (cell index) and a corresponding NES mode index may be indicated in L1 signaling. In embodiments of this disclosure, to indicate the NES mode index, L1 downlink control information (Downlink Control Information, DCI) may include one or more bits, and each bit corresponds to one NES state. When a value of a bit is “1”, it indicates that a corresponding current NES mode is activated. Fig. 1-11 & ¶0157 - an L1 DCI command includes a 1-bit or multi-bit condReconfigID indication. Each bit corresponds to one condReconfigID. When a value of the bit is “1”, it indicates that a corresponding condReconfigID is suspended or deleted.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Akl et al; (2024/0022978); Title: SELECTION OF AN ENERGY-SAVING CELL FOR CONDITIONAL HANDOVER; See ¶0070-¶0072 along with Fig.5.
3GPP TSG-RAN WG2 Meeting #121; R2-2300229; Source: Huawei, HiSilicon; Title: Discussion on CHO enhancement for NES; Athens, Greece, 27 Feb – 3 Mar, 2023; FTP on 02/17/2023. See §2-§3.
3GPP RAN WG2 Meeting #121; R2-2300634; Source: InterDigital; Title: NES mobility aspects; Athens, February 27- March 3, 2023. FTP on 02/17/2023. See §2-§5.
3GPP TSG RAN WG2 Meeting #121; R2-2300702; Title: Discussion on CHO enhancement in NES; Source: Apple; Athens, Greece, 27th Feb. – 3rd March 2023; FTP on 02/17/2023; See §2.2-§2.4 & §3.
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467