DETAILED ACTION
The following is a final office action in response to applicant’s remarks submitted on 06/18/2026 for response of the office action mailed on 03/18/2026. Independent claims 1, 5, 9 and 13 are amended. Dependent claims 2-3, 6-7, 10-11 and 14-15 are cancelled. Therefore, claims 1, 4-5, 8-9, 12-13 and 16 are pending and addressed below.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission.
For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/626,013. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 is “anticipated by” claim 1 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 network energy saving (NES) conditional handover (CHO) event; identifying whether an indication indicating the NES CHO event execution condition is received in case that the configuration is configured; and performing the CHO if the indication is received.
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.
Claim 5 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of copending Application No. 18/626,013. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 is “anticipated by” claim 6 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 network energy saving (NES) conditional handover (CHO) event; and performing the CHO if an indication indicating the NES CHO event execution condition is received and the configuration is configured.
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.
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, 4-5, 8-9, 12-13 and 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 network energy saving (NES) conditional handover (CHO) event (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. Fig.1C-1/1C-2/Fig. 2A & ¶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. Fig.1C-1/1C-2/Fig. 2A & ¶0121 - reconfiguration message 215 includes identification information of the first energy saving mode of the source cell of the first network device 101. The reconfiguration message 215 may further include identification information of a second energy saving mode of the candidate cell of the second network device 103. The reconfiguration message 215 may further include a conditional execution condition associated with the first energy saving mode and the second energy saving mode. The reconfiguration message 215 may further include configuration information associated with the conditional execution condition. In this way, the cell energy saving mode of the first network device 101, the cell energy saving mode of the second network device 103, the conditional handover execution condition, and the configuration information associated with the conditional execution condition may be completely configured for the terminal, so that the terminal device 105 autonomously implements conditional handover based on network energy saving. Also, see at least claims 6-8 & 13-15.), identify whether an indication indicating the NES CHO event execution condition is received in case that based on the configuration is configured; (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. Fig.1C-1/1C-2/Fig. 2A & ¶0121 - reconfiguration message 215 includes identification information of the first energy saving mode of the source cell of the first network device 101. The reconfiguration message 215 may further include identification information of a second energy saving mode of the candidate cell of the second network device 103. The reconfiguration message 215 may further include a conditional execution condition associated with the first energy saving mode and the second energy saving mode. The reconfiguration message 215 may further include configuration information associated with the conditional execution condition. In this way, the cell energy saving mode of the first network device 101, the cell energy saving mode of the second network device 103, the conditional handover execution condition, and the configuration information associated with the conditional execution condition may be completely configured for the terminal, so that the terminal device 105 autonomously implements conditional handover based on network energy saving. 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 <i.e., Network Energy Saving> 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 < i.e., Network Energy Saving> 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. Also see ¶0154-¶0157. Also, see at least claims 6-8 & 13-15), and perform the CHO if the indication is received. (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. Fig.1C-1/1C-2/Fig. 2 & ¶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. Fig.1C-1/1C-2/Fig.2A & ¶0121 - reconfiguration message 215 includes identification information of the first energy saving mode of the source cell of the first network device 101. The reconfiguration message 215 may further include identification information of a second energy saving mode of the candidate cell of the second network device 103. The reconfiguration message 215 may further include a conditional execution condition associated with the first energy saving mode and the second energy saving mode. The reconfiguration message 215 may further include configuration information associated with the conditional execution condition. In this way, the cell energy saving mode of the first network device 101, the cell energy saving mode of the second network device 103, the conditional handover execution condition, and the configuration information associated with the conditional execution condition may be completely configured for the terminal, so that the terminal device 105 autonomously implements conditional handover based on network energy saving. Also, see at least claims 6-8 & 13-15).
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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 network energy saving (NES) conditional handover (CHO) event (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. Fig.1C-1/1C-2/Fig. 2A & ¶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. Fig.1C-1/1C-2/Fig. 2A & ¶0121 - reconfiguration message 215 includes identification information of the first energy saving mode of the source cell of the first network device 101. The reconfiguration message 215 may further include identification information of a second energy saving mode of the candidate cell of the second network device 103. The reconfiguration message 215 may further include a conditional execution condition associated with the first energy saving mode and the second energy saving mode. The reconfiguration message 215 may further include configuration information associated with the conditional execution condition. In this way, the cell energy saving mode of the first network device 101, the cell energy saving mode of the second network device 103, the conditional handover execution condition, and the configuration information associated with the conditional execution condition may be completely configured for the terminal, so that the terminal device 105 autonomously implements conditional handover based on network energy saving. Also, see at least claims 6-8 & 13-15), and perform the CHO if an indication indicating the NES CHO event execution condition is received and the configuration is configured (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. Fig.1C-1/1C-2/Fig. 2 & ¶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. Fig.1C-1/1C-2/Fig.2A & ¶0121 - reconfiguration message 215 includes identification information of the first energy saving mode of the source cell of the first network device 101. The reconfiguration message 215 may further include identification information of a second energy saving mode of the candidate cell of the second network device 103. The reconfiguration message 215 may further include a conditional execution condition associated with the first energy saving mode and the second energy saving mode. The reconfiguration message 215 may further include configuration information associated with the conditional execution condition. In this way, the cell energy saving mode of the first network device 101, the cell energy saving mode of the second network device 103, the conditional handover execution condition, and the configuration information associated with the conditional execution condition may be completely configured for the terminal, so that the terminal device 105 autonomously implements conditional handover based on network energy saving. Also, see at least claims 6-8 & 13-15.).
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Re. Claims 4, 8, 12 and 16, Han teaches claims 1, 5, 9 and 14.
Han further teaches wherein the indication indicating the NES CHO event execution condition 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 <i.e., Network Energy Saving> 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 < i.e., Network Energy Saving> 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 & ¶0154 - A MAC CE instruction 600 includes C0 to C7, and Ci (0≤i≤7) is used to indicate to suspend or delete a corresponding conditional RRC configuration or a conditional handover execution condition in a case in which condReconfigID=i. Fig. 1-11 & ¶0155 - Ci may be used to indicate that corresponding conditional RRC reconfiguration or a conditional handover execution condition remains unchanged in a case in which condReconfigID=i. ……. When the Ci field is set to 1, it indicates the terminal device 105 to resume conditional RRC reconfiguration or the conditional handover execution condition. Fig. 1-11 & ¶0156 - FIG. 7 is a diagram of signaling that indicates energy saving modes by using a MAC CE ….In a MAC CE instruction 700, TNES (Target Network Energy Saving) i (0≤i≤7) is used to indicate to suspend or delete an execution condition in which a value of an NES mode index of a candidate cell is i. Alternatively, TNESi is used to indicate that the execution condition in which the value of the NES mode index of the candidate cell is i remains unchanged. i is configured in ascending order of NES modes of the candidate cell. When a TNESi field is set to 0, it indicates the terminal device 105 to suspend or delete a conditional handover execution condition of an NES mode of a corresponding candidate cell. When the TNESi field is set to 1, it indicates the terminal device 105 to resume the conditional handover execution condition of the NES mode of the corresponding candidate cell. 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. The RRC reconfiguration message may indicate a location, in a condReconfigID indication field of L1, of a bit of each condReconfigID. The RRC reconfiguration message may also indicate a length of corresponding DCI. Also, see ¶0078-¶0081 & snapshots <next for detailed information on ConditionalReconfiguration-r16/ CondReconfigId. The aforesaid disclosure by Han is similar to instant application as mentioned at least at ¶0158-¶0168.).
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Response to Arguments
Earlier claim objections for claims 3, 7, 11 and 15 have been withdrawn following amended claim languages as submitted on 06/18/2026.
Regarding arguments in pages 6-7 as submitted on 06/18/2026 for double patenting issues, applicant’s assertion that the amended claim set is patentably distinct from the claims of Co-pending Application No. 18/626,013, that is, the present application does not constitute double patenting with Co-pending Application No. 18/626,013.
Examiner respectfully disagrees with the applicant. Please see the updated double patenting rejection. Applicant is requested to submit a terminal disclaimer (TD) to overcome the nonstatutory double patenting rejection. A rejection based on a nonstatutory type of double patenting can be avoided by filing a terminal disclaimer in the application or proceeding in which the rejection is made. In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Knohl, 386 F.2d 476, 155 USPQ 586 (CCPA 1967); and In re Griswold, 365 F.2d 834, 150 USPQ 804 (CCPA 1966). The use of a terminal disclaimer in overcoming a nonstatutory double patenting rejection is in the public interest because it encourages the disclosure of additional developments, the earlier filing of applications, and the earlier expiration of patents whereby the inventions covered become freely available to the public. In re Jentoft, 392 F.2d 633, 157 USPQ 363 (CCPA 1968); In re Eckel, 393 F.2d 848, 157 USPQ 415 (CCPA 1968); In re Braithwaite, 379 F.2d 594, 154 USPQ 29 (CCPA 1967). See MPEP §804.02.
Applicant’s arguments filed on 06/18/2026 with respect to claims 1, 5, 9 and 13 have been considered but they are not persuasive.
Regarding arguments in pages 8-11 as submitted on 06/18/2026 for independent claim 1, applicant asserts, “Han does not disclose or suggest receiving an RRC message including configuration information related to an NES CHO event, nor does Han disclose or suggest identifying whether an indicator indicating a condition for performing the NES CHO event is received when the configuration information is configured.”. See page 10 of remarks as submitted on 06/18/2026.
Examiner respectfully disagrees with the applicant. For example, Han discloses that after receiving the reconfiguration message in 144 (see Fig. 1C-1), 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 . See ¶0086 along with Fig.1C-1/1C-2. Han further discloses that reconfiguration message 215 (see Fig. 2A ) includes identification information of the first energy saving mode of the source cell of the first network device 101. The reconfiguration message 215 may further include identification information of a second energy saving mode of the candidate cell of the second network device 103. The reconfiguration message 215 may further include a conditional execution condition associated with the first energy saving mode and the second energy saving mode. The reconfiguration message 215 may further include configuration information associated with the conditional execution condition. In this way, the cell energy saving mode of the first network device 101, the cell energy saving mode of the second network device 103, the conditional handover execution condition, and the configuration information associated with the conditional execution condition may be completely configured for the terminal, so that the terminal device 105 autonomously implements conditional handover based on network energy saving. See ¶0121 along with Fig.1C-1/1C-2/Fig. 2A. Han further discloses that 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 <i.e., Network Energy Saving> 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 < i.e., Network Energy Saving> 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. See ¶0121 along with Fig.1-11. Also see ¶0154-¶0157. Also, see at least claims 6-8 & 13-15, quite a contrast to applicant’s remarks at least at page 10 of remarks as submitted on 06/18/2026.
The applicant asserts, “Han does not disclose or suggest receiving an RRC message including configuration information related to an NES CHO event, identifying whether DCI is received when the configuration information is configured, and the indication included in the DCI indicating an NES CHO event condition.”. See page 11 of remarks as submitted on 06/18/2026.
Examiner respectfully disagrees with the applicant. For example, Han discloses that 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 <i.e., Network Energy Saving> 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 < i.e., Network Energy Saving> 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. See ¶0137 along with Fig.1-11. Han further discloses that a MAC CE instruction 600 includes C0 to C7, and Ci (0≤i≤7) is used to indicate to suspend or delete a corresponding conditional RRC configuration or a conditional handover execution condition in a case in which condReconfigID=i. Fig. 1-11 & ¶0155 - Ci may be used to indicate that corresponding conditional RRC reconfiguration or a conditional handover execution condition remains unchanged in a case in which condReconfigID=i. ……. When the Ci field is set to 1, it indicates the terminal device 105 to resume conditional RRC reconfiguration or the conditional handover execution condition. FIG. 7 is a diagram of signaling that indicates energy saving modes by using a MAC CE ….In a MAC CE instruction 700, TNES (Target Network Energy Saving) i (0≤i≤7) is used to indicate to suspend or delete an execution condition in which a value of an NES mode index of a candidate cell is i. Alternatively, TNESi is used to indicate that the execution condition in which the value of the NES mode index of the candidate cell is i remains unchanged. i is configured in ascending order of NES modes of the candidate cell. When a TNESi field is set to 0, it indicates the terminal device 105 to suspend or delete a conditional handover execution condition of an NES mode of a corresponding candidate cell. When the TNESi field is set to 1, it indicates the terminal device 105 to resume the conditional handover execution condition of the NES mode of the corresponding candidate cell. 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. The RRC reconfiguration message may indicate a location, in a condReconfigID indication field of L1, of a bit of each condReconfigID. The RRC reconfiguration message may also indicate a length of corresponding DCI. Also, see ¶0078-¶0081 & snapshots <next for detailed information on ConditionalReconfiguration-r16/ CondReconfigId. See ¶0154-¶0157 along with Fig.1-11 & the next snapshots supporting the aforesaid disclosures by Han. In fact, the aforesaid disclosure by Han is similar to instant application as mentioned at least at ¶0158-¶0168, quite contrary to applicant’s remarks at least at page 11 of remarks as submitted on 06/18/2026.
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The same argument is applicable for independent claims 5, 9 and 13.
For reasons as explained supra, it is maintained that independent claims 1, 5, 9 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Han.
As all other dependent claims depend either directly or indirectly from the independent claims 1, 5, 9 and 13, similar rationale also applies to all respective dependent claims.
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.
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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