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 .
Response to Requirement of Restriction
Applicant’s arguments, see applicant’s remark, filed on 04/28/2026, with respect to claims 1-15 have been fully considered and are persuasive. The restriction requirement of claims 1-15 has been withdrawn.
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 1-3, 5-7, 9-11, 13, 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over of U.S. Patent No. 11,968,569. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application
U.S. Patent No. 11,968,569
1. A method performed by a new Integrated Access and Backhaul (IAB) donor node in a wireless communication system, the method comprising: receiving, from a first IAB node, a radio resource control (RRC) message, wherein the RRC message comprises information related to an RRC reestablishment message transmitted from a second IAB node to the first IAB node; transmitting a user equipment (UE) context request message to an old IAB donor node; receiving, from the old IAB donor node, a UE context response message including transport network layer (TNL) address information of the second IAB node; and transmitting a message including new TNL address information related to the second IAB node to the second IAB node.
1. A method performed by a new Integrated Access and Backhaul (IAB) donor node in a wireless communication system, the method comprising: receiving, from a first IAB node, a radio resource control (RRC) message based on an RRC reestablishment message transmitted from a second IAB node to the first IAB node; transmitting a user equipment (UE) context request message to old IAB donor node; receiving, from the old IAB donor node, a UE context response message including transport network layer (TNL) address information of the second IAB node; and transmitting a message including information related to configuration of the new IAB donor node towards the second IAB node.
4. The method of claim 1, wherein the information related to configuration of the new IAB donor node includes an IP address.
Regarding claim 1, Although the current application includes the feature for transmitting a message including new TNL address information related to the second IAB node towards the second IAB node; whereas the patent application includes the feature for transmitting a message including information related to configuration of the new IAB donor node towards the second IAB node, however the information related to configuration (i.e. including address information or new TNL address information) is used for reestablishment between the new IAB donor node and the second IAB node and therefor it is conceivable that the information related to the configuration is related to both the new IAB donor node and the second IAB node. Thus, the patent application is an obvious variant to the claimed invention.
2. The method of claim 1, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs re-establishment after the connection failure occurs.
2. The method of claim 1, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs reestablishment after the connection failure occurs.
Claim 2 is rejected based on claim 2 of the Patent.
3. The method of claim 1, wherein the TNL address information of the second IAB node is an internet protocol (IP) address.
3. The method of claim 1, wherein the TNL address information of the second IAB node is an IP address.
Claim 3 is rejected based on claim 3 of the Patent.
5. A new Integrated Access and Backhaul (IAB) donor node in a wireless communication system, the new IAB donor node comprising: a transceiver; and at least one processor coupled with the transceiver and configured to: receive, from a first IAB node, a radio resource control (RRC) message, wherein the RRC message comprises information related to an RRC reestablishment message transmitted from a second IAB node to the first IAB node, transmit a user equipment (UE) context request message to an old IAB donor node, receive, from the old IAB donor node, a UE context response message including transport network layer (TNL) address information of the second IAB node, and transmit a message including new TNL address information related to the second IAB node to the second IAB node.
5. A new Integrated Access and Backhaul (IAB) donor node in a wireless communication system, the new IAB donor node comprising: a transceiver; and at least one processor coupled with the transceiver and configured to: receive, from a first IAB node, a radio resource control (RRC) message based on an RRC reestablishment message transmitted from a second IAB node to the first IAB node, transmit a user equipment (UE) context request message to old IAB donor node, receive, from the old IAB donor node, a UE context response message including transport network layer (TNL) address information of the second IAB node, and transmit a message including information related to configuration of the new IAB donor node towards the second IAB node.
8. The new IAB donor node of claim 5, wherein the information related to configuration of the new IAB donor node includes an IP address.
Regarding claim 5, Although the current application includes the feature for transmitting a message including new TNL address information related to the second IAB node towards the second IAB node; whereas the patent application includes the feature for transmitting a message including information related to configuration of the new IAB donor node towards the second IAB node, however the information related to configuration (i.e. including address information or new TNL address information) is used for reestablishment between the new IAB donor node and the second IAB node and therefor it is conceivable that the information related to the configuration is related to both the new IAB donor node and the second IAB node. Thus, the patent application is an obvious variant to the claimed invention.
6. The new IAB donor node of claim 5, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs re-establishment after the connection failure occurs.
6. The new IAB donor node of claim 5, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs reestablishment after the connection failure occurs.
Claim 6 is rejected based on claim 6 of the Patent.
7. The new IAB donor node of claim 5, wherein the TNL address information of the second IAB node is an internet protocol (IP) address.
7. The new IAB donor node of claim 5, wherein the TNL address information of the second IAB node is an IP address.
Claim 7 is rejected based on claim 7 of the Patent.
9. A method performed by a second Integrated Access and Backhaul (IAB) node in a wireless communication system, the method comprising: transmitting, to a first IAB node, a radio resource control (RRC) reestablishment message; and receiving a message including new transport network layer (TNL) address information related to the second IAB node, wherein an RRC message is transmitted based on the RRC reestablishment message, from the first IAB node to a new IAB donor node, wherein a user equipment (UE) context request message is transmitted from the new IAB donor node to old IAB donor node, wherein a UE context response message including old TNL address information of the second IAB node is received, from the old IAB donor node.
9. A method performed by a second Integrated Access and Backhaul (IAB) node in a wireless communication system, the method comprising: transmitting, to a first IAB node, a radio resource control (RRC) reestablishment message; and receiving a message including information related to configuration of a new IAB donor node, wherein an RRC message is transmitted based on the RRC reestablishment message, from the first IAB node to the new IAB donor node, wherein a user equipment (UE) context request message is transmitted form the new IAB donor node to old IAB donor node, wherein a UE context response message including transport network layer (TNL) address information of the second IAB node is received, from the old IAB donor node.
12. The method of claim 9, wherein the information related to configuration of the new IAB donor node includes an IP address.
Regarding claim 9, Although the current application includes the feature for receiving a message including new transport network layer (TNL) address information related to the second IAB node; whereas the patent application includes the feature for receiving a message including information related to configuration of a new IAB donor node, however the information related to configuration (i.e. including address information or new TNL address information) is used for reestablishment between the new IAB donor node and the second IAB node and therefor it is conceivable that the information related to the configuration is related to both the new IAB donor node and the second IAB node. Thus, the patent application is an obvious variant to the claimed invention.
10. The method of claim 9, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs re-establishment after the connection failure occurs.
10. The method of claim 9, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs reestablishment after the connection failure occurs.
Claim 10 is rejected based on claim 10 of the Patent.
11. The method of claim 9, wherein the old TNL address information of the second IAB node is an internet protocol (IP) address.
11. The method of claim 9, wherein the TNL address information of the second IAB node is an IP address.
Claim 11 is rejected based on claim 11 of the Patent.
13. A second Integrated Access and Backhaul (IAB) node in a wireless communication system, the second IAB node comprising: a transceiver; and at least one processor coupled with the transceiver and configured to: transmit, to a first IAB node, a radio resource control (RRC) reestablishment message, and receive a message including new transport network layer (TNL) address information related to the second IAB node, wherein an RRC message is transmitted based on the RRC reestablishment message, from the first IAB node to a new IAB donor node, wherein a user equipment (UE) context request message is transmitted from the new IAB donor node to old IAB donor node, wherein a UE context response message including old TNL address information of the second IAB node is received, from the old IAB donor node.
13. A second Integrated Access and Backhaul (IAB) node in a wireless communication system, the second IAB node comprising: a transceiver; and at least one processor coupled with the transceiver and configured to: transmit, to a first IAB node, a radio resource control (RRC) reestablishment message, and receive a message including information related to configuration of a new IAB donor node, wherein an RRC message is transmitted based on the RRC reestablishment message, from the first IAB node to the new IAB donor node, wherein a user equipment (UE) context request message is transmitted form the new IAB donor node to old IAB donor node, wherein a UE context response message including transport network layer (TNL) address information of the second IAB node is received, from the old IAB donor node.
Regarding claim 13, Although the current application includes the feature for receiving a message including new transport network layer (TNL) address information related to the second IAB node; whereas the patent application includes the feature for receiving a message including information related to configuration of a new IAB donor node, however the information related to configuration (i.e. including address information or new TNL address information) is used for reestablishment between the new IAB donor node and the second IAB node and therefor it is conceivable that the information related to the configuration is related to both the new IAB donor node and the second IAB node. Thus, the patent application is an obvious variant to the claimed invention.
14. The second IAB node of claim 13, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs re-establishment after the connection failure occurs.
14. The second IAB node of claim 13, wherein the old IAB donor node is connected to the second IAB node before a connection failure occurs, and the new IAB donor node is connected to the second IAB node after a connection is re-established, and the second IAB node performs reestablishment after the connection failure occurs.
Claim 14 is rejected based on claim 14 of the Patent.
Allowable Subject Matter
Claims 4, 8, 12, 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liu et al. (Pub No.: 2014/0135015) discloses a mobility load balance processing method includes: sending, by a donor base station DBS, indication information to a relay node RN of the donor base station DBS, where the donor base station DBS uses the indication information to instruct the relay node RN to perform mobility load balance processing to hand over at least one user equipment UE in a cell of the relay node RN to a neighboring cell. A relay node, a donor base station, and a communication apparatus are also disclosed. Through UE handover, a cell to which a UE is attached can be adjusted, so that load balance between cells is achieved after an RN is introduced. In this way, network resource utilization is maximized, and system capacity and system performance are improved.
Hsieh (Pub No.: 2021/0227435) discloses methods, devices, systems, procedures, and means of maintaining communication and signaling interfaces during network role transitions, such as a secondary node change or a handover. A source secondary base station holds a source donor Central Unit (Source CU) for its own Distributed Unit (source DU) and for the Distributed Unit(s) of the node base station(s) (node DU). The source secondary base station connects to the node base station via a first F1 interface. The node DU triggers handover of the node base station and connected User Equipment (UE) from the source secondary base station to a target secondary base station. The node base station creates Transport Network Layer (TNL) connectivity toward a target donor Central Unit (Target CU) and exchanges application layer configuration data with the Target CU via a wireless backhaul link implemented utilizing the TNL connectivity. The node base station then sets up a second F1 interface with the Target CU and handover of the node base station and connected User Equipment (UE) from the source secondary base station to a target secondary base station is performed.
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/KAN YUEN/Primary Examiner, Art Unit 2464