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 § 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.
(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 1-12, 15-18, 20 are rejected under 35 U.S.C. 102 (a1) as being anticipated by Tenny et al (EP 3,556 125 B1, IDS).
Regarding claim 1, Tenny et al (EP 3 556125 B1) discloses a user equipment (UE) capability change method (see, when overheating occurs at UE, the UE triggers a transfer of updated capability information to the network to reduce throughput, section 0034), comprising: determining, by UE (see, when overheating occurs at UE, the UE triggers a transfer of updated capability information to the network to reduce throughput, section 0034), that a capability change is required and/or configuration preference (section 0034-0035, 0045, see, see, unsolicited capability updated message (i.e., one or more changes to the UE) that is transmitted by the UE to the network), sending, by the UE, a first request message (see, the UE triggers the transfer of the updated capability information, transmits an unsolicited capability update message to the network, section 0034-0035, 0045), wherein the first request message is used for requesting a network-side device for the capability change and/or is used for sending configuration preference (section 0035, see, the UE-capability update message is an indication of a change is requested); and executing, by the UE, corresponding processing based on a response of the network-side device (section 0035, 0038, the network will reconfigure the UE in accordance with the updated UE capability information, the UE receives the updated reconfiguration (i.e., change indicator) from the network).
Regarding claim 2, Tenny ‘125 discloses the method according to claim 1, wherein the first request message carries at least one of the following information: configuration preference information (section 0034-0035, 0045), wherein the configuration preference information is used for indicating expected configuration of the UE (see, the UE triggers the transfer of the updated capability information, transmits an unsolicited capability update message to the network, section 0034-0035, 0045); capability change requirement information, wherein the capability change requirement information is used for indicating that the UE requires a capability change; reconfiguration indication information, wherein the reconfiguration indication information is used for indicating that the network-side device needs to reconfigure the UE, or the reconfiguration indication information is used for indicating that the network-side device does not need to reconfigure the UE; or target indication information, wherein the target indication information is used for indicating that the first request message is to request a capability change and/or send configuration preference for a multi-SIM purpose.
Regarding claim 3, Tenny ‘125 discloses The method according to claim 2, wherein the configuration preference information comprises at least one of the following: a configuration upper limit; time information of the configuration preference (noted: the timer timing elapsed since the transfer of the updated UE capability information, implies timer duration, section 0043), wherein the time information comprises one of the following: duration (noted: the timer timing elapsed since the transfer of the updated UE capability information, implies timer duration, section 0043), cycle and start time; cyclical configuration switching request information; or multi-SIM configuration preference indication information, wherein the multi-SIM configuration preference indication information indicates that the configuration preference information is used for a multi-SIM.
Regarding claim 4, Tenny ‘125 discloses the method according to claim 1, wherein the first request message is carried via one of the following messages: a UE assistance information message (see, the capability message may comprise new assistance of the UE capability message, section 0036); a UE capability information message (see, the capability update message is implemented as radio resource control (RRC) message, section 0036-0037); or a radio resource control (RRC) connection setup complete message.
Regarding claim 5, Tenny ‘125 discloses the method according to claim 1, wherein the executing, by the UE (see, he network will reconfigure the UE in accordance with the updated UE capability information, the UE receives the updated reconfiguration (i.e., change indicator) from the network, section 035, 0038), corresponding processing based on a response of the network-side device (see, the network 410 reconfigures the connection in accordance with the updated UE capability information, and transmits the configuration connection to the UE, section 0048) comprises: monitoring, by the UE, a response message sent from the network-side device; and executing, by the UE (section 0048, 0050, see, the UE operates in accordance with the updated configuration transmitted by the network), the corresponding processing based on the response message in a case that the response message is detected; wherein the response message is an RRC reconfiguration message; or, the response message carries at least one of the following information: acceptance information, wherein the acceptance information indicates that the network-side device accepts the first request message; or reconfiguration information.
Regarding claim 6, Tenny ‘125 discloses the method according to claim 5, wherein the executing, by the UE, the corresponding processing based on the response message (section 0048, 0050, see, the UE operates in accordance with the updated configuration transmitted by the network) comprises at least one of the following: applying, by the UE, the requested capability change and/or the sent configuration preference in a case that the response message carries the acceptance information; executing, by the UE, a reconfiguration process based on the reconfiguration information or the RRC reconfiguration message in a case that the response message carries the reconfiguration information or the response message is the RRC reconfiguration message; or applying the capability change requested and/or configuration preference sent by the UE to take effect in a case that the response message is received (section 0045, 0047-0048, the UE adjusts its MIMO rank based on reconfiguration information from the network).
Regarding claim 7, Tenny ‘125 discloses the method according to claim 5, wherein the monitoring, by the UE (see, the UE checks to determine if updated configuration information has been received, if the UE operates with the updated configuration, section 0043), a response message sent from the network-side device comprises: starting, by the UE, a first timer after sending the first request message, wherein a duration of the first timer is configured by a first configuration message, or the duration of the first timer is predefined; and monitoring, by the UE, the response message sent from the network-side device during the duration of the first timer (noted: the timer timing elapsed since the transfer of the updated UE capability information, implies timer duration, section 0043).
Regarding claim 8, Tenny ‘125 discloses the method according to claim 7, wherein the starting, by the UE, a first timer comprises: starting, by the UE, the first timer after sending the first request message in a case of determining that the network-side device needs to perform reconfiguration (section 0043, noted: the UE receives updated configuration and timer timing the elapsed time since the transfer of the updated UE capability information has expired).
Regarding claim 9, Tenny ‘125 discloses the method according to claim 7, wherein the UE is not allowed to send the first request message again during the duration of the first timer (see, the amount of time has elapsed after the UE triggered the transfer of the UE capability information without the UE receiving the reconfiguration, section 0019-0020); or, the UE is not allowed to send a second request message for requesting a capability change and/or sending configuration preference during the duration of the first timer, the second request message being different from the first request message.
Regarding claim 10, Tenny ‘125 discloses the method according to claim 7, wherein after the first timer is started (see, the UE initiates a timer after the transfer of the updated UE capability information, section 0038) , the method further comprises: stopping, by the UE, the first timer during the duration of the first timer in one of the following situations: the response message sent from the network-side device is received; or the response message sent from the network-side device is received, and the response message satisfies the configuration preference of the UE (see, if the timer expires prior to receiving the updated configuration information, the UE de-taches and re-attaches to the network to the network with the updated UE capability, section 0038).
Regarding claim 11, Tenny ‘125 discloses the method according to claim 10, wherein the executing, by the UE, corresponding processing based on a response of the network-side device further comprises: performing, by the UE, a first operation in a case that the first timer expires (see, if the timer expires prior to receiving the updated configuration information, the UE de-taches and re-attaches to the network to the network with the updated UE capability, section 0038).
Regarding claim 12, Tenny ‘125 discloses the method according to claim 11, wherein the first operation comprises at least one of the following: applying a preference configuration and/or capability change of the UE; applying the configuration and/or capability corresponding to the first request message; deactivating a secondary cell group (SCG) connection; releasing the SCG connection; reducing a number of multiple input multiple output (MIMO) layers; reducing a number of downlink carriers (see, reducing a number of carriers in relation to UE capability support information, section 0034-0035); reducing a number of uplink carriers; resending the first request message; or performing a network switching operation.
Regarding claim 15, Tenny ‘125 discloses a UE capability change method (see, when overheating occurs at UE, the UE triggers a transfer of updated capability information to the network to reduce throughput, section 0034), comprising: receiving (see, unsolicited capability update message to the network, section 0034-0035, 0045), by a network-side device (section 0034-0035, 0045, see, see, unsolicited capability updated message (i.e., one or more changes to the UE) that is transmitted by the UE to the network), a first request message sent from UE (see, the UE triggers the transfer of the updated capability information, transmits an unsolicited capability update message to the network, section 0034-0035, 0045, wherein the first request message is used for requesting a capability change and/or sending configuration preference by the UE (section 0035, 0042,0045 see, the UE-capability update message is an indication of a change is requested); and responding, by the network-side device (section 0035, 0038, 0042, the network device reconfigures the UE base on the updated UE capability information), to the first request message (section 0035, 0038, the network will reconfigure the UE in accordance with the updated UE capability information, the UE receives the updated reconfiguration (i.e., change indicator) from the network).
Regarding claim 16, Tenny ‘125 discloses the method according to claim 15, wherein the first request message carries at least one of the following information: configuration preference information (section 0034-0035, 0045), wherein the configuration preference information is used for indicating expected configuration of the UE (see, the UE triggers the transfer of the updated capability information, transmits an unsolicited capability update message to the network, section 0034-0035, 0045); capability change requirement information, wherein the capability change requirement information is used for indicating that the UE requires a capability change; reconfiguration indication information, wherein the reconfiguration indication information is used for indicating that the network-side device needs to reconfigure the UE, or the reconfiguration indication information is used for indicating that the network-side device does not need to reconfigure the UE; or target indication information, wherein the target indication information is used for indicating that the first request message is to request a capability change and/or send configuration preference for a multi-SIM purpose.
Regarding claim 17, Tenny ‘125 discloses the method according to claim 15, wherein the first request message is carried via one of the following messages: a UE assistance information message (see, the capability message may comprise new assistance of the UE capability message, section 0036); a UE capability information message (see, the capability update message is implemented as radio resource control (RRC) message, section 0036-0037); or a radio resource control (RRC) connection setup complete message.
Regarding claim 18, Tenny ‘125 discloses the method according to claim 15, wherein the responding, by the network-side device, to the first request message comprises: sending, by the network-side device, a response message to the UE (see, the UE checks to determine if updated configuration information has been received, if the UE operates with the updated configuration, section 0043), or sending an RRC reconfiguration message to the UE based on the first request message, wherein the response message carries at least one of the following information: acceptance information, wherein the acceptance information indicates that the network-side device accepts the first request message; or reconfiguration information (section 0035, 0038, the network will reconfigure the UE in accordance with the updated UE capability information, the UE receives the updated reconfiguration (i.e., change indicator) from the network).
Regarding claim 20, Tenny ‘125 discloses a terminal (fig. 11, ED/UE/Terminal device 1110, section 0070-0078), comprising a processor (fig. 11, ED 1110 that comprises processing units 1100 coupled to memory 1108, section 0070-00078), a memory (fig. 11, memory 1108 which stores software or firmware instructions executed by the processing units 1100, section 0073-0075), and a program or instruction stored on the memory and executable on the processor (fig. 11, memory 1108 which stores software or firmware instructions executed by the processing units 1100, section 0073-0075), wherein the program or instruction, when executed by the processor (fig. 11, memory 1108 which stores software or firmware instructions executed by the processing units 1100, section 0073-0075), causes the terminal to perform (see, when overheating occurs at UE, the UE triggers a transfer of updated capability information to the network to reduce throughput, section 0034): determining, by UE (see, when overheating occurs at UE, the UE triggers a transfer of updated capability information to the network to reduce throughput, section 0034), that a capability change is required and/or configuration preference (section 0034-0035, 0045, see, see, unsolicited capability updated message (i.e., one or more changes to the UE) that is transmitted by the UE to the network), sending, by the UE, a first request message (see, the UE triggers the transfer of the updated capability information, transmits an unsolicited capability update message to the network, section 0034-0035, 0045), wherein the first request message is used for requesting a network-side device for the capability change and/or is used for sending configuration preference; and executing, by the UE, corresponding processing based on a response of the network-side device (section 0035, 0038, the network will reconfigure the UE in accordance with the updated UE capability information, the UE receives the updated reconfiguration (i.e., change indicator) from the network).
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.
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.
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.
Claims 13-14, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tenny et al (EP 3,556 125 B1, IDS) in view of JIN et al (US 2020/0229076 A1).
Tenny ‘125 discloses but fails to explicitly disclose: Regarding claim 13, Tenny ‘125 discloses the method according to claim 5, wherein before the sending, by the UE, a first request message, the method further comprises: receiving a first configuration message sent from the network-side device, wherein the first configuration message comprises at least one of the following information: first indication information, wherein the first indication information indicates that the configuration preference and/or capability change of a terminal is supported; or a duration of a first timer.
Regarding claim 19, the method according to claim 15, wherein before the receiving, by a network-side device, a first request message sent from UE, the method further comprises: sending a first configuration message to the UE, wherein the first configuration message comprises at least one of the following information: first indication information, wherein the first indication information indicates that the configuration preference and/or capability change of a terminal is supported; or a duration of a first timer.
However, JIN et al (US 2020/0229076 A1) from a similar field of endeavor discloses: Regarding claim 13, Tenny ‘125 discloses the method according to claim 5, wherein before the sending, by the UE, a first request message, the method further comprises: receiving a first configuration message sent from the network-side device (see, the terminal receives a request for reporting capability from the base station section 0189), wherein the first configuration message comprises at least one of the following information: first indication information, wherein the first indication information indicates that the configuration preference and/or capability change of a terminal is supported (noted: the base station then receives UE-Capability RAT requests, section 0189-0194); or a duration of a first timer (see, prohibitive timer in relation change in UE capability, section 0200-0201).
In view of the above, it 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 to modify the apparatus for updating UE capability based on UE capability request of Tenny with the method and apparatus for prohibiting or accepting a change in UE capability as taught by JIN ‘076. The motivation would have been to provide resource allocation based on UE capability (section 0020).
Regarding claim 14, Tenny ‘125 discloses the method according to claim 13, wherein the first configuration message is sent via one of the following messages: a system information (SI) message (JIN, see, RRC reconfiguration message, system information, section 0200-0201); or an RRC reconfiguration message (see, the capability update message is implemented as radio resource control (RRC) message, section 0036-0037).
In view of the above, it 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 to modify the apparatus for updating UE capability based on UE capability request of Tenny with the method and apparatus for prohibiting or accepting a change in UE capability as taught by JIN ‘076. The motivation would have been to provide resource allocation based on UE capability (section 0020).
Regarding claim 19, the method according to claim 15, wherein before the receiving, by a network-side device, a first request message sent from UE, the method further comprises: sending a first configuration message to the UE (see, the terminal receives a request for reporting capability from the base station section 0189), wherein the first configuration message comprises at least one of the following information: first indication information, wherein the first indication information indicates that the configuration preference and/or capability change of a terminal is supported (noted: the base station then receives UE-Capability RAT requests, section 0189-0194); or a duration of a first timer (see, prohibitive timer in relation change in UE capability, section 0200-0201).
In view of the above, it 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 to modify the apparatus for updating UE capability based on UE capability request of Tenny with the method and apparatus for prohibiting or accepting a change in UE capability as taught by JIN ‘076. The motivation would have been to provide resource allocation based on UE capability (section 0020).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhou et al (US 2016/0029281 A1) discloses changing the capability based on an updated request message (section 0026, 0042-0043, 0138, 0180, 0217).
JANG et al (US 2017/0311170 A1) discloses changed UE capability information (section 0013, 0015, 0068-0162.
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473