DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. IN 202341026097, filed on 04/06/2023.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 06/05/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
4. The drawings are objected to because of the following reasons:
(1) New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because figure 4 is blurry, unclear and not readable. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
(2) The drawings are objected to because there are no labels for blocks in figures 7-8. These blocks need to have descriptive labels under 37 CFR 1.84(n) and 1.84(o). For example, “RAM” may be used for the label of block 711a of figure 7 and “processor” may be used for the label of block 801 of figure 8.
Claim Interpretation
6. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
7. The claims (38 and 46) in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
8. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations (1) “means for receiving an identifier, wherein the identifier provides a mapping between a measurement configuration in a source configuration of the apparatus and a configuration of a conditional primary secondary cell change to be executed by the apparatus at a target configuration; means for using the identifier to determine one or more conditions of the conditional primary secondary cell change; means for performing one or more cell measurements; and means for, when the one or more conditions of the conditional primary secondary cell change are met, executing the secondary cell change” in claim 38 and (2) “means for receiving an indicator for indicating a behaviour for the apparatus to adopt when a conditional handover condition is met for a primary cell, PCell, wherein the behaviour comprises the apparatus monitoring for a primary secondary cell, PSCell, which satisfies a conditional PSCell condition, wherein the indicator is in the form of an information element or a flag; and means for adopting the behaviour when the conditional handover condition is me” in claim 46 in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
9. 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.
10. Claims 38-51 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.
(1) Claim 38 recites the limitation "the secondary cell change" in line 10. There is insufficient antecedent basis for this limitation in the claim. However, for the purpose of examination, the examiner interprets "the secondary cell change" to be "the primary secondary cell change".
(2) Claim 46 recites the limitation "the form" in line 5. There is insufficient antecedent basis for this limitation in the claim. However, for the purpose of examination, the examiner interprets "the form" to be "a form".
(3) Claim 51 recites the limitation "the secondary cell change" in line 9. There is insufficient antecedent basis for this limitation in the claim. However, for the purpose of examination, the examiner interprets "the secondary cell change" to be "the primary secondary cell change".
11. 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.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
Applicants are reminded that MPEP 2141.02 states:
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Claim Rejections - 35 USC § 102
12. 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.
13. Claims are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DENG et al. (US 20220369173) (hereinafter Deng).
Regarding claims 38 and 51:
As shown in figures 1-3, Deng discloses an apparatus (see UE in figures 2-3) comprising:
means for receiving (203 in figure 2 and step 7 in figure 3) an identifier (identity of a candidate PSCell. See par 0060), wherein the identifier provides a mapping between a measurement configuration in a source (MN in figure 3) configuration of the apparatus and a configuration of a conditional primary secondary cell change to be executed by the apparatus at a target configuration (in par 0060 Deng teaches “n step 7, the MN transmits a signaling for PSCell conditional change to the UE. The MN may transmit multiple PSCcell conditional change information at one time via an RRC reconfiguration signaling, or use multiple RRC reconfiguration signalings to transmit multiple PSCcell conditional change information in sequence. The PSCell conditional change information includes an identity of a candidate PSCell, a trigger condition for PSCell change, and radio resources configured for the UE by the candidate SN. Different candidate PSCells may have different or a same trigger condition for PSCell change”);
means for using the identifier to determine one or more conditions of the conditional primary secondary cell change (see step 8 in figure 3) (in par 0061 Deng teaches “In step 8, the UE receives information of the PSCell conditional change, and determines whether the candidate PSCell meets the trigger condition”);
means for performing one or more cell measurements (determining whether the candidate PSCell meets the trigger condition shown in steps 8-10 in figure 3 interpreted to be performing one or more cell measurements. See steps 8-10 in figure 3, par 0061-0062); and
means for (see steps 9-10 in figure 3), when the one or more conditions of the conditional primary secondary cell change are met, executing the secondary cell change (par 0062-0063).
Regarding claim 46:
As shown in figures 1-3, Deng discloses an apparatus (see UE in figures 2-3) comprising:
means for receiving an indicator for indicating a behaviour (performing measurement interpreted to be a be behaviour. Par 0023, 0053-0054) for the apparatus (see UE in figures 2-3) to adopt when a conditional handover condition is met for a primary cell, PCell (SN 1 in figure 3) (see steps 2-3 in figure 3, par 0010, 0023, 0040, 0076), wherein the behaviour comprises the apparatus monitoring (measuring) for a primary secondary cell, PSCell (SN 1 and SN 2in figure 3), which satisfies a conditional PSCell condition (see steps 3-10 in figure 3), wherein the indicator is in the form of an information element (par 0052-0055) or a flag; and
means for adopting the behaviour when the conditional handover condition is met (see step 2 – step 13A in figure 3, par 0052-0055).
Regarding claim 39:
Deng further discloses wherein the measurement configuration (see steps 2-3 in figure 3) in the source (see MN in figure 3) configuration comprises a measurement object (measurement task, par 0053), a measurement identifier (identity and signal quality, par 0053), and a report configuration (par 0053-0054).
Regarding claim 40:
Deng further discloses wherein the measurement configuration in the source configuration is related to at least one Conditional PSCell addition and/or change (par 0053-0055).
Regarding claim 41:
Deng further discloses wherein the apparatus is configured to use the mapping in the source configuration to determine which target PSCell condition to decode for execution (see steps 8-12 in figure 3, par 0062-0066).
Regarding claim 42:
Deng further discloses wherein the mapping associates a conditional configuration ID in the source configuration and conditional configuration ID in the target configuration (par 0053-0054).
Regarding claim 43:
Deng further discloses wherein the mapping associates a measurement ID in the source configuration with a measurement ID in the target configuration (par 0053-0054).
Regarding claim 44:
Deng further discloses wherein the apparatus is configured to postpone decoding of the configuration of the conditional primary secondary cell change until the conditional primary secondary cell change is executed (steps 8-10 in figure 3 show that UE to postpone decoding of the configuration of the conditional primary secondary cell change until the conditional primary secondary cell change is executed).
Regarding claim 45:
Deng further discloses wherein the apparatus comprises a user equipment (see UE in figures 2-3).
Regarding claim 47:
Deng further discloses wherein the behaviour comprises triggering the monitoring only after the conditional handover condition is met (par 0023, 0053-0054).
Regarding claim 48:
Deng further discloses wherein the behaviour comprises executing PSCell change only after the conditional handover condition is met (steps 8-10 in figure 3, par 0061-0063).
Regarding claim 49:
Deng further discloses wherein the behaviour comprises executing the PSCell change and the conditional handover of the PCell substantially at the same time (see steps 3-4A in figure 3).
Regarding claim 50:
Deng further discloses wherein the apparatus comprises a user equipment (see UE in figures 2-3).
Conclusion
14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
PURKAYASTHA et al. (US 20240114421) disclose wireless communication include a secondary cell group (SCG) configuration including a UE receives a first primary cell group (MCG) configuration and a first secondary cell group (SCG) configuration; and receives a set of conditional secondary cell group (SCG) configurations, each conditional SCG configuration including a set of candidate target primary secondary cells (PSCells), corresponding PSCell change execution conditions, and corresponding SCG configurations.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM.
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, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KABIR A TIMORY/Primary Examiner, Art Unit 2631
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