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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-9, 12-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 9 recite, “…the configuration information further includes information indicating the SCPAC is supported”. However, the claim language fail to specify which section or node the “SCPAC is supported” by. This makes the claimed invention indefinite. Clarification in the claim is required.
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 (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 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.
Claim(s) 1, 4-5, 8-9, 12-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KIM et al (US 2024/0430759).
Regarding claim 1, 9, A method performed by a user equipment (UE) in a wireless communication system, the method comprising:
receiving, from a master node (MN), a radio resource control (RRC) reconfiguration message including configuration information associated with subsequent conditional primary secondary cell group cell (PSCeII) addition or change (SCPAC) (KIM: Fig. 30, ¶459, ¶462-462, ¶453, ¶457, the UE receives the subsequent cell group change which includes subsequent CPA/CPC (equivalent to SCPAC)), wherein a first security key for the secondary node is generated based on a first sk-counter among the plurality of sk-counters (KIM: 11472, Fig. 29, a first secondary key (first security key) based on a first counter), the configuration information including an sk-counter list including a plurality of sk-counters for a secondary node (KIM: Fig. 30, ¶459, ¶462-462, ¶453, ¶457, RRC configuration message includes a first security key for the secondary node is generated based on a first sk-counter among the plurality of sk-counters (KIM: ¶472, Fig. 29, a first secondary key (first security key) based on a first counter)); and
applying a first sk-counter in the sk-counter list for generating a first security key associated with a first PSCell of the secondary node (KIM: Fig. 30, ¶459, ¶457, for a communication with an SN, the UE derives a secondary key (security key) based on the first counter (sk-counter) ); and
applying a second sk-counter which is listed next to the first sk-counter in the sk-counter list for generating a second security key associated with a second PSCeII of the secondary node for the SCPAC (KIM: Fig. 30, ¶459, ¶457, for a next (subsequent) communication with the SN, the UE derives a secondary key (security key) based on the additional counter (sk-counter); this is associated with a subsequent group change (equivalent to second PSCell) of the SN; ¶462the second/addititonal counter is based on the next highest index which is equivalent to next in the list),
wherein the configuration information further includes information indicating the SCPAC is supported (KIM: Fig 30, ¶403, ¶408, ¶419 the CPA execution condition for PSCell addition procedure).
Regarding claim 4, 12, KIM discloses method claim 1, wherein the first sk-counter is listed first within the sk-counter list including the plurality of sk-counters (KIM: Fig. 33, ¶459, ¶462, ¶497, the first counter is used before any other counter and is perceived by the UE at the top of the list and priority).
Regarding claim 5, 13 KIM discloses method of claim 1,wherein the SCPAC for the second PSCeII is executed from a third PSCeII associated with another secondary node to the second PSCeII associated with the secondary node (KIM: Fig. 33, 496, ¶464, ¶468, for a next communication requires a PSCell change (i.e. a subsequent cell group change) which is performed by reusing configuration and a counter from the one or more additional counter; the PSCell is associated with a SN; KIM: ¶414-416, CPC i.e. conditional PSCell change is part of a PSCell change of an inter-SN handover initiated by an SN; each PSCell is associated with the a respected SN and inter-SN; i.e. the target/second PSCell and the source/third PSCell are associated with different secondary nodes).
Regarding claim 8, 16 KIM discloses method of claim 1, wherein the SCPAC is an inter- secondary node SCPAC (KIM: ¶411 PSCELL, inter-SN CPC).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6-7, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al (US 2024/0430759)
Regarding claim 6, 14, KIM discloses method of claim 1, wherein the sk-counter is stored in the UE by replacing a previous sk-counter which is for the secondary node (KIM: Fig. 33, ¶454, ¶473, ¶480, ¶491, the wireless device/UE selects for using (replacing) a first counter with an additional counter for a Secondary Node/Secondary BS; ¶411, ¶414-416, the CPC is inter-SN CPC i.e. the secondary nodes changes along with the PSCcell)
KIMs embodiment of Fig. 32-Fig. 33, remains silent regarding the sk-counter stored and sk-counter replaced are each sk-counter list.
However, KIM’s embodiment of Fig. 35 discloses the sk-counter stored and sk-counter replaced are each sk-counter list (KIM: Fig. 35, ¶501, each respective SN has a corresponding the configuration to be used which replaces (not uses) the configuration previously used including the first counter and additional counters being replaced (not used) by one or more first counter and additional counters to be applied by the UE).
A person of ordinary skill in the art working with the invention of KIMs embodiment of Fig. 32-Fig. 33would have been motivated to use the teachings of KIM’s embodiment of Fig. 35 as it provides the most accurate configuration for the associated SN during an inter-SN CPC. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of KIMs embodiment of Fig. 32-Fig. 33 with teachings of KIM’s embodiment of Fig. 35 a in order to improve coverage and configuration at the wireless device without extra overhead signaling.
Regarding claim 7, 15, KIM discloses method of claim 6, wherein in case that UE doesn’t have the previous sk-counter list which is for the secondary node, the sk-counter list is stored in the UE for the secondary node (KIM: Fig. 32, ¶489-490, ¶404, the UE stores the configuration in case as an SN addition configuration for a first communication and is an initial SCG serving cell).
Response to Arguments
Applicant's arguments filed 8/5/2026 have been fully considered but they are not persuasive.
Applicants argue,
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Examiner respectfully disagrees with the above arguments. Applicants take a position that KIM does not disclose a feature in which UE sequentially derive, in the order of a list, across two PSCells belonging to a second secondary node, with a configuration in which information indicating whether SCPAC is supported is included in the same configuration information. Examiner respectfully submits that KIM expressly discloses these features.
KIM, ¶408 recites:
[0408] In an example of conditional SN addition procedure, the MN may send to the wireless device an RRC reconfiguration message including the CPA configuration, (e.g., a list of RRC reconfiguration* messages and associated execution conditions), in which each RRC reconfiguration message* contains the SCG configuration in the RRC reconfiguration** received from the candidate SN and possibly an MCG configuration. The RRC reconfiguration message can also include an updated MCG configuration (e.g., to configure the required conditional measurements).
This configuration includes CPA configuration which indicates, at least indirectly, that that CPA is supported at the SN.
[0403] The following principles apply to the CPA: The CPA configuration may contain the configuration of CPA candidate PSCell(s), execution condition(s) and may contain the MCG configuration, to be applied when CPA execution is triggered. An execution condition may consist of one or two trigger condition(s) (e.g., CondEvents). Only a single RS type and at most two different trigger quantities (e.g., RSRP and RSRQ, RSRP and SINR, etc.) may be able to be used for the evaluation of CPA execution condition of a single candidate PSCell. Before any CPA execution condition is satisfied, upon reception of PSCell addition command or PCell change command, the wireless device may execute a PSCell addition procedure, or a PCell change procedure (e.g., regardless of any previously received CPA configuration). Upon the successful completion of PSCell addition procedure or PCell change procedure, the wireless device may release the stored CPA configuration. While executing CPA, the wireless device may be not required to continue evaluating the execution condition of other candidate PSCell(s). Once the CPA procedure is executed successfully, the wireless device may release all stored conditional reconfigurations (e.g., for CPA and for CHO).
The above indicates CPA configuration and execution condition for the CPA for a PSCell addition. This is at least indirectly indicating, to the UE, a support for CPA at the SN.
KIM, further discloses in ¶459, that the counters are used to derive security key for communication and a second security key for a subsequent/next communication with the same SN.
[0459] Example embodiments may enable a wireless device to perform subsequent cell group change (e.g., a cell group change without additional signals). For example, the wireless device may reuse (keep using) a configuration parameter of SCG, for the subsequent cell group change, based on additional security parameter (e.g., additional counter). For example, a wireless device may perform first communication with a secondary node (SN), of the SCG, using a configuration parameter of SCG and a secondary key for the SN, which is derived based on a first counter associated with the secondary key for the SN. A base station (e.g., a master node, a master base station) may transmit to the wireless device additional counter associated with a secondary key for the SN. The additional counter may be for next communication (e.g., second communication) with the SN. Based on the additional counter (e.g., the wireless device having the additional counter), the wireless device may determine to keep the configuration parameter and/or reuse the configuration parameter (e.g., for the next communication or the subsequent cell group change). The wireless device may perform the next communication (e.g., the subsequent cell group change) using the configuration parameter of the SCG and a second secondary key which is derived based on the additional counter. The additional counter may allow the wireless device to reuse the configuration parameter for the subsequent cell group change. Based on the reusing of the configuration parameter, the wireless device may communicate with the SN without additional signals (e.g., RRC message or RRC reconfiguration message) for new configuration parameter.
KIM recites in ¶457 that:
[0457] … A cell group change may be referred to as and/or interchangeable with a PCell change, PSCell change and/or the like.
[0462] In example embodiments, each of one or more additional counter may be associated with respective index of one or more index. A base station (e.g., a master base station, a master node) may indicate the one or more index to a wireless device (e.g., via a message). The wireless device may select a counter of the one or more additional counters for next communication (e.g., second communication, third communication, etc.). For example, the wireless device may select a counter among the one or more additional counters based on an index, of the selected counter, being a highest index among the one or more index. The wireless device may select a counter among the one or more additional counters based on an index of the selected counter, being a lowest index among the one or more index. The base station (e.g., the master base station, the master node) may indicate one or more second index to a secondary node, SN (e.g., via an SN message). Each of one or more additional secondary key may be associated with respective index of the one or more second index. The SN may select a secondary key of the one or more additional secondary key for next communication (e.g., second communication, third communication, etc.). For example, the SN may select a secondary key among the one or more additional secondary keys based on an index, of the selected secondary key, being a highest index among the one or more second index. For example, the SN may select a secondary key among the one or more additional secondary keys based on an index, of the selected secondary key, being a lowest index among the one or more second index. For each communication, a secondary key selected by the SN may be associated with a counter selected by the wireless device. It may allow the wireless device and the SN to keep communicating without additional signal or reduce signal for additional counter and additional secondary key.
Selecting based on an index is in fact in a sequential order. Therefore, based on the above teachings, a person of ordinary skill in the art would reasonably interpret that, “…UE sequentially derive, in the order of a list, across two PSCells belonging to a second secondary node…”
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 OMER S MIAN whose telephone number is (571)270-7524. The examiner can normally be reached M,T,W,Th: 10a-7p, Fri, 9a-12p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy D Vu can be reached at 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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OMER S. MIAN
Primary Examiner
Art Unit 2461
/OMER S MIAN/ Primary Examiner, Art Unit 2461
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