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 .
DETAILED ACTION
This Office Action is in response to the Applicants’ communication filed on 06/02/2026. In virtue of this communication, claims 1-16 are currently pending in the instant application.
Response to Arguments
Applicant's arguments filed 06/02/2026have been fully considered but they are not persuasive. The Applicant argues in part stating that “The Examiner asserts that Panchal discloses all limitations of claim 1. Applicant respectfully disagrees.Limitation 1-1: "configuring, by a base station, a measurement task for a terminal based on a target frequency prioritization specified by a preset voice fallback rule."
The Examiner cites Panchal at col. 5, lines 22-40, which describes that UE may generate and/or obtain measurement reports of base stations in range of UE, and the measurement reports may indicate such measures of channel quality for each detected base station. Panchal, however, is silent on configuring a measurement task for a terminal based on a target frequency prioritization specified by a preset voice fallback rule.
In other words, Panchal does not disclose any "preset voice fallback rule" or any "target frequency prioritization" specified by such rule. Panchal's disclosure of a ranked list of base stations based on channel quality is not the same as a network-configured measurement task driven by a frequency prioritization. Thus, Panchal fails to teach this limitation.
The Examining division respectfully disagrees. First it is noted the fallback is equated to a handover from a first base station to a second base station. Therefore, the claimed “fallback rule” is very broad and can be equated to configuring information of a handover. See e.g. col. 2 lines 27-35 “ This type of procedure (e.g., handing over UE 101 to eNB 105 based on receiving a voice call indication) may sometimes be referred to as “LTE fallback,” “Evolved Packet System (‘EPS’) fallback,” or some other suitable terminology.”
Next the measurement reports are sent from the UE to the base station based upon base stations coming into range of UE via configuration and control information typical of handover procedures. Here, the UE measures particular frequencies when stating “In some embodiments, the measurement reports may be granular, in that the measurement reports indicate channel quality information for particular frequency bands, carriers, RATs, or the like. For example, UE 101 may determine first channel quality information for one set of bands associated with gNB 103 (e.g., a set of Sub-6 GHz frequencies) and may determine second channel quality information for another set of bands implemented by gNB 103 and/or another gNB (e.g., a set of mmWave frequencies). (see again col. 5, lines 22-40) (emphasis added).
The prioritization is equated to the “particular frequency bands” based on ranked base stations or preferred gNB (e.g. due to proximity etc.) when stating “For example, the request (e.g., the RRC Release Message) may include one or more measurement reports (e.g., as generated at 208), and/or an indication of a preferred gNB, RAT, frequency band, etc.” (col. 5 lines 54-57)(emphasis added) and “eNB 105 may identify (at 214) gNB 103 as a target base station for the redirection of UE 101 (may determine that UE 101 should be handed over to gNB 103) based on the measurement reports. For example, eNB 105 may select (at 214) gNB 103 based on a signal quality indicated in the measurement report (e.g., compared to signal qualities associated with a set of base stations indicated in the report), may select gNB 103 based on a relative measure of load compared to other base stations, may select a particular RAT or band associated with gNB 103 based on Quality of Service (“QoS”) factors, and/or may select gNB 103 from a set of candidate base stations based on one or more other factors.” (see col. 5 line 58-col. 6 line 3). Therefore, when the UE is instructed to handover to another base station (sometimes the one previously connected or a new base station), the UE is informed of a task to begin measurement reports after connection.
Next the Applicant similarly argues that “Limitation 1-2: "receiving a measurement report for target frequencies, and selecting a voice fallback target cell of a corresponding target frequency based on the measurement report, wherein the measurement report is reported by the terminal based on the target frequency prioritization according to the configured measurement task."
The Examiner cites Panchal at col. 5, lines 49-61, describing that UE may output an RRC Release Message including measurement reports and/or an indication of a preferred gNB as a target base station for the redirection of UE. Again, Panchal does not disclose that the measurement report is reported based on the target frequency prioritization (the prioritization is specified by the preset voice fallback rule). Nor does Panchal disclose selecting a voice fallback target cell of a corresponding target frequency based on the measurement report. Panchal's selection is based on channel quality information, not on an explicit frequency prioritization tied to voice fallback.
Examining division respectfully disagrees as shown above and in the same citation Panchal shows “ the measurement reports may be granular, in that the measurement reports indicate channel quality information for particular frequency bands, carriers, RATs, or the like. For example, UE 101 may determine first channel quality information for one set of bands associated with gNB 103 (e.g., a set of Sub-6 GHz frequencies) and may determine second channel quality information for another set of bands implemented by gNB 103 and/or another gNB (e.g., a set of mmWave frequencies).” This shows prioritized frequency measuring and this is based upon initial base station configurations for handover procedures (e.g. when a new base station is in proximity).
Further, Panchal shows “eNB 105 may output (at 216) an indication and/or request to gNB 103, indicating that gNB 103 has been selected as a handover target for UE 101. The indication may be considered as a request to prepare for the handover. For example, while not explicitly shown here, gNB 103 may reject the handover in some situations, such as if gNB 103 is congested or otherwise overloaded. In such scenarios, eNB 105 may select (at 214) a different handover target for UE 101 (e.g., based on measurement reports provided by UE 101), and/or may cease the handover process entirely, in which case UE 101 may remain connected to eNB 105.” (col. 6 lines 23-34). In other words, the UE is informed of a new measurement task for new base station based on priority frequencies (i.e. based on particular frequencies congested).
Lastly, Panchal shows “Process 300 may further include receiving (at 304) one or more measurement reports from UE 101, while UE 101 is connected to eNB 105. For example, UE 101 may provide the measurement reports periodically, intermittently, in response to requests for measurement reports, and/or on some other basis. The measurement reports may indicate the presence of base stations in range of UE 101, which may include gNB 103, one or more other gNBs, one or more other eNBs, and/or one or more other types of base stations. As noted above, the measurement reports may include channel quality metrics or other types of metrics associated with the base stations, and/or with individual RATs, bands, or the like implemented by the base station.” (see col. 8 lines 47-59). (emphasis added). This shows the base station requests reports on prioritized particular bands (i.e. frequencies) based on hand over rules (i.e. fall back rules). Therefore, due to the reasonable and broadest interpretation of the fallback rule, a task and frequency prioritization, the rejections are maintained.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 5-7 and 10-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Panchal (US 11,229,083 B1).
Regarding Claim 1 Panchal teaches the limitations "A method for selecting a voice fallback target cell, comprising: (see abstract and col. 2 lines 17-35);
configuring, by a base station, a measurement task for a terminal based on a target frequency prioritization specified by a preset voice fallback rule; and receiving a measurement report for target frequencies, and (see fig. 1a, 2a, 3 and col. 5 lines 22-40 “As further shown, UE 101 may generate and/or obtain (at 208) measurement reports of base stations in range of UE 101. For example, UE 101 may, in an ongoing, periodic, and/or intermittent fashion, scan for base stations (e.g., eNBs, gNBs, etc.), and may determine measures of channel quality between UE 101 and any detected base stations. The measurement reports generated by UE 101 may indicate such measures of channel quality for each detected base station, such that the measurement reports may include or otherwise indicate a ranked list of base stations. In some embodiments, the measurement reports may be granular, in that the measurement reports indicate channel quality information for particular frequency bands, carriers, RATs, or the like.”);
selecting a voice fallback target cell of a corresponding target frequency based on the measurement report, wherein the measurement report is reported by the terminal based on the target frequency prioritization according to the configured measurement task" (see fig. 2a, 3 and col. 5 lines 49-61 “UE 101 may output (at 212) one or more RRC messages to eNB 105. For example, in accordance with some embodiments, UE 101 may output a RRC Release Message or some other suitable request to redirect UE 101 to a RAN or base station other than eNB 105. For example, the request (e.g., the RRC Release Message) may include one or more measurement reports (e.g., as generated at 208), and/or an indication of a preferred gNB, RAT, frequency band, etc. As further shown, eNB 105 may identify (at 214) gNB 103 as a target base station for the redirection of UE 101 (may determine that UE 101 should be handed over to gNB 103) based on the measurement reports.”). Further, Panchal shows the target base station is selected based on the measurement task “UE 101 may provide the measurement reports periodically, intermittently, in response to requests for measurement reports, and/or on some other basis. The measurement reports may indicate the presence of base stations in range of UE 101, which may include gNB 103, one or more other gNBs, one or more other eNBs, and/or one or more other types of base stations. As noted above, the measurement reports may include channel quality metrics or other types of metrics associated with the base stations, and/or with individual RATs, bands, or the like implemented by the base station.” (see col. 8 lines 47-59).
Claims 12-16 are rejected for the same reasons set forth above because the claims have similar limitations or have been addressed.
Regarding Claim 2 Panchal teaches the limitations "The method according to claim 1, wherein selecting the voice fallback target cell of the corresponding target frequency based on the measurement report comprises:
in response to the measurement report indicating that there is a target neighbor cell meeting a preset condition, using the target neighbor cell as the voice fallback target cell of the terminal" (see col. 5 line 58- col. 6 line 8 “eNB 105 may select (at 214) gNB 103 based on a signal quality indicated in the measurement report (e.g., compared to signal qualities associated with a set of base stations indicated in the report), may select gNB 103 based on a relative measure of load compared to other base stations, may select a particular RAT or band associated with gNB 103 based on Quality of Service (“QoS”) factors, and/or may select gNB 103 from a set of candidate base stations based on one or more other factors. Additionally, or alternatively, the request from UE 101 (e.g., the RRC Release Message) may indicate a particular base station (e.g., gNB 103), RAT, band, or the like selected by UE 101. For example, UE 101 may indicate gNB 103 in the request (at 212) based on having previously being connected (at 202) to gNB 103.”).
Regarding Claim 5 Panchal teaches the limitations "The method according to claim 2, wherein the preset condition comprises at least one of the following that:
a neighbor cell measurement report parameter meets a first preset threshold, wherein the neighbor cell measurement report parameter comprises at least one of the following: reference signal received power (RSRP), reference signal received quality (RSRQ), or signal to interference plus noise ratio (SINR); (see col. 9 lines 17-32 “Process 300 may also include selecting (at 310) a target base station, RAT, band, etc. based on the received measurement reports and/or a preference indicated in the RRC Release Request. For example, as discussed above, eNB 105 may select the target base station based on the preference from UE 101, if such preference is included in the RRC Release Request. Additionally, or alternatively, eNB 105 may use such preference as a factor in selecting the target base station, RAT, band, etc.”);
a neighbor cell load parameter meets a second preset threshold, wherein the neighbor cell load parameter comprises at least one of the following: radio resource control (RRC), uplink and downlink physical resource block (PRB) utilization ratio, control channel element (CCE) utilization ratio, central processing unit (CPU) utilization ratio; (see col. 3 lines 5-22, “That is, in such embodiments, eNB 105 may determine that downlink data should be held (e.g., not sent to UE 101) only when an RRC Release Request has been received from UE 101 after (e.g., within a threshold amount of time of, such as ten minutes, one hour, or some other threshold amount of time) an indication has been received by eNB 105 that UE 101 has been handed over to eNB 105 for a voice call.”);
a neighbor cell interference parameter meets a third preset threshold, wherein the neighbor cell interference parameter comprises at least one of the following: uplink signal to interference plus noise ratio (SINR), noise interference (NI), modulation and coding scheme (MCS), channel quality indicator (CQI), or block error rate (BLER); or (see col. 5 line 58-col. 6 line 9, “For example, eNB 105 may select (at 214) gNB 103 based on a signal quality indicated in the measurement report (e.g., compared to signal qualities associated with a set of base stations indicated in the report), may select gNB 103 based on a relative measure of load compared to other base stations, may select a particular RAT or band associated with gNB 103 based on Quality of Service (“QoS”) factors, and/or may select gNB 103 from a set of candidate base stations based on one or more other factors.”).
a neighbor cell sensing factor parameter meets a fourth preset threshold, wherein the neighbor cell sensing factor parameter comprises at least one of the following: network throughput, mean opinion score (MoS), packet loss rate, or latency" (see col. 5 line 58-col. 6 line 9, “eNB 105 may select (at 214) gNB 103 based on a signal quality indicated in the measurement report (e.g., compared to signal qualities associated with a set of base stations indicated in the report), may select gNB 103 based on a relative measure of load compared to other base stations, may select a particular RAT or band associated with gNB 103 based on Quality of Service (“QoS”) factors, and/or may select gNB 103 from a set of candidate base stations based on one or more other factors.”).
Regarding Claim 11 Panchal teaches the limitations "The method according to claim 1, wherein selecting the voice fallback target cell of the corresponding target frequency based on the measurement report comprises:
after receiving the measurement report, evaluating, in combination with sensing factors of neighbor cells, whether there is a need to wait for other measurement report for preferred frequencies, wherein the measurement report for preferred frequencies comprises a frequency that provides better call quality for the terminal" (see col. 5 lines 22-40 “UE 101 may generate and/or obtain (at 208) measurement reports of base stations in range of UE 101. For example, UE 101 may, in an ongoing, periodic, and/or intermittent fashion, scan for base stations (e.g., eNBs, gNBs, etc.), and may determine measures of channel quality between UE 101 and any detected base stations. The measurement reports generated by UE 101 may indicate such measures of channel quality for each detected base station, such that the measurement reports may include or otherwise indicate a ranked list of base stations. In some embodiments, the measurement reports may be granular, in that the measurement reports indicate channel quality information for particular frequency bands, carriers, RATs, or the like. For example, UE 101 may determine first channel quality information for one set of bands associated with gNB 103 (e.g., a set of Sub-6 GHz frequencies) and may determine second channel quality information for another set of bands implemented by gNB 103 and/or another gNB (e.g., a set of mmWave frequencies).”).
Claim Rejections - 35 USC § 103
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Panchal as applied to claim 2 above, and further in view of Huang (US 2023/0388886 A1).
Regarding Claim 6 Panchal teaches the limitations "The method according to claim 2, further comprising:
in response to the measurement report indicating that there is a target neighbor cell meeting the preset condition, triggering a voice fallback handover or redirection operation for the terminal; (see col. 5 line 58-col. 6 line 9, “eNB 105 may select (at 214) gNB 103 based on a signal quality indicated in the measurement report (e.g., compared to signal qualities associated with a set of base stations indicated in the report), may select gNB 103 based on a relative measure of load compared to other base stations, may select a particular RAT or band associated with gNB 103 based on Quality of Service (“QoS”) factors, and/or may select gNB 103 from a set of candidate base stations based on one or more other factors.”);
However, Panchal teaches candidate base stations as described above (i.e. caching measurement reports for later use) but does not explicitly disclose “and in response to the measurement report indicating that there is no target neighbor cell meeting the preset condition, using the measurement report as a first measurement report and caching the measurement report, and setting a monitoring duration based on a timer.”
In the same field of endeavor Huang discloses fallback network system (see abstract) where “ the UE can determine camping durations of the UE on all the first target frequencies, and then to determine, based on a descending order of the camping durations, a sequence of the first target frequencies on which the LTE cell is measured.” (see par. 0015 and 0181).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure a measurement duration of the UE based on number of target frequencies as taught by Huang in the system of Panchal , in order to improve user experience and waiting time (see par. 0004 of Huang).
Regarding Claim 7 is rejected for the same reasons set forth above as the limitations have been addressed.
Regarding Claim 10 Panchal and Huang teach the limitations "The method according to claim 6, further comprising: in response to determining that the monitoring duration expires, triggering the voice fallback handover or redirection operation based on cells included in the first measurement report" (see par. 0210-0211 “The UE can determine duration specifically indicated by the timeToTrigger parameter based on a value of a timeToTrigger parameter in the measurement reporting configuration (reporting configuration)… The timeToTrigger parameter specifically indicates triggering reporting a measurement report to the NG-RAN when a measurement result of the UE constantly meets a reporting condition for a measurement report within the duration specified by the timeToTrigger parameter. Generally, when the RRC layer of the 5G NR control plane protocol stack of the UE receives a cell measurement result reported by the physical layer, a timer is started based on the timeToTrigger parameter. When the timer expires and the RRC layer does not receive a message indicating that the cell fails to meet the reporting condition for the measurement report, reporting of the measurement report to the NG-RAN is triggered.”
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure a measurement duration of the UE and redirect target frequencies as taught by Huang in the system of Panchal , in order to improve user experience and waiting time (see par. 0004 of Huang).
Allowable Subject Matter
Claims 3-4 and 8-9 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.
The prior art does not teach claim 3 the "The method according to claim 1, wherein configuring, by the base station, the measurement task for the terminal based on the target frequency prioritization specified by the preset voice fallback rule comprises:
in response to a first terminal supporting to modify an order of measuring frequencies through a same measurement reconfiguration message, sending a first voice fallback measurement reconfiguration message to the first terminal, wherein the first voice fallback measurement reconfiguration message is used for deleting a historical measurement task and a historical measurement object, and
configuring a current measurement task for the first terminal based on the target frequency prioritization, and the terminal comprises the first terminal; and
in response to a second terminal not supporting to modify an order of measuring frequencies through a same measurement reconfiguration message, sending a second voice fallback measurement reconfiguration message and a third voice fallback measurement reconfiguration message to the second terminal, wherein the second voice fallback measurement reconfiguration message is used for deleting the historical measurement task and the historical measurement object, and the third voice fallback measurement reconfiguration message is used for configuring a current measurement task for the second terminal based on the target frequency prioritization, and the terminal comprises the second terminal.”
The prior art does not teach claim 8 “The method according to claim 6, further comprising: receiving a second measurement report sent by the terminal within the monitoring duration;
in response to the second measurement report indicating that there is a target neighbor cell meeting the preset condition, triggering the voice fallback handover or redirection operation for the terminal;
in response to the second measurement report indicating that there is no target neighbor cell meeting the preset condition:
comparing the second measurement report with the first measurement report; and in response to a comparison result indicating that a number of parameters meeting the preset condition of a neighbor cell in the second measurement report is greater than a number of parameters meeting the preset condition in the first measurement report, replacing the first measurement report with the second measurement report.”
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 DAVID BILODEAU whose telephone number is (571)270-3192. The examiner can normally be reached Monday-Thursday 6:00am-4:00pm Eastern Standard Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David Bilodeau/
Primary Examiner, Art Unit 2648
Prosecution Insights