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 .
Status of Application
2 This instant Office Action is in response to Amendment filed on 6/1/2026.
3. This Office Action is made Final.
4. Claim 10 is new.
5. Claims 1-10 are pending.
Response to Arguments
6. In light of submission of updated Title to the specification, the objection is withdrawn herein.
7. In light of claim amendment the 35 USC 112b rejection is withdrawn herein.
8. Applicant's arguments filed on 6/1/2026 have been fully considered but they are not persuasive.
Applicant argues in summary that the prior art YANG et al. US 20170170941 hereafter Yang does not teach or disclose the limitations “a cell being able to control a control plane and another cell that are selected when the communication with the another wireless communication device in a non-communication mode is established” as recited in Claims 1, 5, and 9.
Response to Arguments
Applicant's argument/remarks with respect to the pending claims have been fully considered, but they are not persuasive for at least the following reasons.
The Examiner first emphasizes for the record that the argued claims employ a broader in scope than the Applicant's disclosure in all aspects. In addition, the Applicant has not amended the claims significantly enough to construe a narrower meaning to the limitations. Since the claims breadth allows multiple interpretations and meanings, the Examiner is required to interpret the claim limitations in terms of their broadest reasonable interpretations while determining patentability of the disclosed invention and the interpretation that those skilled in the art would reach. See MPEP 2111.
Secondly, it is known to those skilled in the art that the term “wireless communication device” can be any device/apparatus capable of performing communication in the wireless network/system. For example, the term “wireless communication device” under broadest reasonable interpretation can be the following: User Equipment/UE/terminal device or a base station. In fact, the prior art, Yang explicitly state A wireless communication system includes a base station (BS) and a UE (see Section 0158); and the present invention is applicable to a wireless communication apparatus such as a UE and a base station (see Section 0163). Therefore, given the plain and ordinary meaning of the term “wireless communication device,” one skilled in the art can interpret the wireless communication device to be both/either a UE and Base Station (see MPEP 2111.01).
As well, it is known to those skilled in the art that the term/phrase “cell” implies the following: a base station/BS/eNB or a coverage area. In fact, the prior art, Yang discloses that in LTE system, a plurality of cells for coverage can be deployed within a cell or macro cell/micro cell, each cell is managed by a base station and can corresponds to a base station, and cells may be used for UE mobility management (see Section 0073). In other words, a cell can be interpreted and interchanged with the term base station. Therefore, given the plain and ordinary meaning of the term “cell” one skilled in the art can interpret the cell to be a Base Station (see MPEP 2111.01).
In addition, it is known to those skilled in the art that the term/phrase “non-communication mode” implies the following: idle/inactive or RRC/LTE idle/inactive, or not communicating with another/other device(s) in the network or deactivated. In other words, the terminal device/base station or wireless communication device in the non-communication mode such as RRC inactive/idle is not in an active call or using/exchanging data. In fact, the prior art, Yang explicitly discloses, in the RRC_IDLE state, the UE performs discontinuous reception (DRX) configured by NAS in a region/area (see Section 0041); The NAS control protocol use three states: An LTE-DETACHED, An LTE_IDLE state is used when there is no RRC connection; An LTE_ACTIVE state is used when an RRC state is configured; and the RRC state is subdivided into an RRC_IDLE state and an RRC_CONNECTED state (See Section 0040). Thus if for example, the UE is in RRC idle state then it is in a non-communication mode and not communicating with any device/base station. Therefore, given the plain and ordinary meaning of the term “non communication mode,” one skilled in the art can interpret the wireless communication device/UE to be idle or not actively communicating (see MPEP 2111.01).
Furthermore, regarding the Applicant’s argument of the limitations “a cell being able to control a control plane and another cell that are selected when the communication with the another wireless communication device in a non-communication mode is established” the prior art, Yang explicitly and implicitly teaches the argued limitations. For example, the argued phrase “a cell being able to control a control plane” implies a base station control a control plane. Yang explicitly state “The eNB (i.e. base station known as cell as cited in Section 0073) provides an a control plane to the UE” (see Section 0030); the Figs. 3A-3B depicts control plane protocol that includes the cell/eNB (see Section 0015); The RLC/MAC layers are at the eNB and perform the same functions as the control plane (see Section 0039).
Yet, Applicant agrees with the prior art Yang because their specification/PgPub US 20170170941 explicitly states in Section [0022] Each of the base station devices includes a control unit that can control plurality of cell groups including a cell that can control a control plane (C-plane).
Based on the above citations in Yang and what is known to those skilled in the art, it is evident that a cell/base station control a control plane is explicitly and implicitly taught in the applied prior art.
As to the argued limitation “another cell that are selected when the communication with the another wireless communication device in a non-communication mode is established,” the prior art, Yang explicitly and implicitly teaches the argued limitation.
In fact, Yang explicitly state “In LTE, the PCell is used for a UE to perform a connection re-establishment (i.e. not connected so perform reconnect/reestablish which is handover related, see section 0096) procedure; and the PCell (i.e. belongs to the another wireless device) indicate a cell indicated in a handover procedure; the SCell configured for a UE (See Section 0050); The UE may start a procedure of establishing new RRC connection from the case the UE switched to RRC IDLE state (See Section 0070); In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync (meaning not connected), the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection (See Section 0060); When radio link failure has been detected this leads to RRC_IDLE state (See Section 0065); Meanwhile, when RLF (radio link failure) with respect to the cell-1, if RLF is declared, the UE report to cell-2 (i.e. another cell) which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art (see Section 0143); Meanwhile, if RLF is declared for a specific PCell, a deactivation state applied to cell corresponding PCell, and RRM measurement stopped for that cell or those cells (See Section 0155).
Based on the above citations in Yang, it is evident that when RLF or radio link failure detected with the PCell/the another wireless device it leads to RRC idle state which is the non-communication mode; then the UE being in RRC idle state with the PCell perform RRC reestablishment connection or handover or cell reselection to SCell/Cell2 or target cell. Also, Radio link failure corresponds to non-connection/communication mode which triggers an RRC re-establishment procedure or handover. Also it is evident that Yang discloses a selection of another cell method known as handover because of the non-communication mode/state.
Moreover, it is imperative to point out that one skilled in the art can interpret the argued phrase/limitation to be defined as another cell or base station selected as an attempt to establish or trigger a process to switch from the non-communication mode. In other words, the terminal device in the non-communication mode such as RRC inactive/idle which is not in an active call or using data attempts to select/establish or switch to another cell or base station. This process is known to those skilled in the art, as cell re-selection or handover. For example, the terminal in non-communication mode (i.e. inactive/idle) trigger a process to establish communication with a first or second base station, another cell under the coverage area of the first or second base station, PCell or SCell or second base station, etc. To perform “select another cell/base station, in non-communication mode is establish” is directly known as cell re-selection, handover or any mobility procedure. Hence, the argued claimed limitations do not preclude certain technical terms known to those skilled in the art that are equivalent functions of the claimed subject matter. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999).
In summary, the argued prior art, Yang, explicitly and implicitly states the argued claim limitations as recited in claims 1, 5, and 9. Further, Yang, anticipates the argued claimed subject matter which is a conventional method per the LTE standards. As cited in Yang, per LTE there are three states/mode in which the devices can be which are detached, Idle, and Active; and then when the devices are in detached or idle state the devices can re-establish or switch using either the same cell, another cell, plurality of other cells or combination of. Moreover, the claimed functionality of Yang is similar to that of Applicant in particular the elements claimed are well-understood, routine, conventional activities or elements to those in the relevant in the field. See MPEP 2106.05. It is generally considered to be within the ordinary skill in the art to recreate Applicant’s argued claimed subject matter without modifying the general routine operation of base stations and UEs. Therefore, the argument is not commensurate in scope with the claim, and the argument is not considered to be persuasive.
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)(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.
1. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YANG et al. US 20170170941 hereafter Yang.
As to Claim 1. (Currently Amended) Yang discloses a wireless communication device [i.e. UE-User Equipment] comprising: processor circuitry [Processor-122] configured to control [Figs. 1, 12, Sections 0158, 0163: A wireless communication system includes a UE-120 and BS-110, and the UE includes a processor-122 configured to implement the procedures of present invention. The present invention applicable to a wireless communication apparatus/device such as a UE and a base station (BS/eNB)]:
in a case of performing communication with another wireless communication device [i.e. Base Station-BS/eNB or MeNB (master BS) or Cell-1/PCell; Section 0163] so as to perform data communication using simultaneously [i.e. DC/dual connectivity] a plurality of cell groups [Figs. 1, 9-10, 12, Sections 0074, 0131, 0160: DC (dual connectivity) has a structure that a master base station MeNB and a secondary base station SeNB are simultaneously connected to UE corresponds to a master cell group related to MeNB, and a secondary cell group to SeNB. Cell-1 (or cell group-1) of one or more cells including cell-1 and is controlled by the base station-1; the cell group-2 comprised of one or more cells including cell-2 controlled by the base station-2; the UE performs communication with the base station-1 through the cell-1 or cell group-1, and performs communication with the base station-2 through the cell 2. The embodiments are disclosed on the basis of a data communication relationship between a user equipment and base station(s)],
including a cell [i.e. BS/eNB/base station] being able to control a control plane [Figs. 3A-3B, Sections 0015, 0030: The Figs. 3A-3B depicts control plane protocol that includes the cell/eNB and the UE. The eNB (i.e. base station) provides a control plane to the UE],
and another cell [i.e. SCell/second BS or Cell-2] that are selected when the communication with the another wireless communication device [i.e. Base Station-BS/eNB or MeNB (master BS) or Cell-1/PCell; Section 0163] in a non-communication mode [i.e. RRC/LTE idle, no RRC connection, deactivated or RLF-radio link failure causes non-communication, see 0040, 0060] is established [Figs. 8-11, Sections 0050, 0060, 0065, 0070, 0143: In LTE, the PCell indicate a cell indicated in a handover procedure; the SCell configured and one or more SCells may be configured for a UE. In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. The UE start a procedure of establishing new RRC connection from the case the UE switched to RRC IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art].
As to Claim 2. (Currently Amended) Yang discloses the wireless communication device [i.e. UE-User Equipment] according to claim 1, wherein upon acquisition of identification information about a secondary base station corresponding to the another from the another wireless communication device [Sections 0010, 0050, 0151: The method of receiving an indicator indicating which one of a plurality of SCells included in the second base station is the specific SCell, from the first base station. In LTE, the PCell indicate a cell indicated in a handover procedure; the SCell configured and one or more SCells may be configured for a UE. Various methods for reporting including cell ID or cell index reporting of a cell where RLF (radio link failure) occurs],
the processor circuitry is further configured to [Fig. 12, Section 0158: The UE includes a processor-122 configured to implement the procedures of present invention] notify the secondary base station that the data communication is performed [Fig. 11, Sections 0143, 0148, 0152: the UE report to cell-2 (i.e. second base station) which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art. Cells which are controlled by a secondary base station that transmits and receives data to and from the UE and the cell 2 is controlled by the base station 2 that performs RRC connection with the UE. The UE may perform RACH for the base station-2].
As to Claim 3. (Currently Amended) Yang discloses the wireless communication device [i.e. UE-User Equipment] according to claim 1, wherein when the communication with the another wireless communication device in the non-communication mode is established [Figs. 8-11, Sections 0060, 0065, 0143: In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art],
the processor circuitry is further configured to [Fig. 12, Section 0158: The UE includes a processor-122 configured to implement the procedures of present invention] notify the another wireless communication device of identification information that is capable of identifying the wireless communication device and the another wireless communication device simultaneously [Sections 0010, 0069, 0074: The method of receiving an indicator indicating which one of a plurality of SCells included in the second base station is the specific SCell, from the first base station. The base station identifies the corresponding UE by using identification information and identification C-RNTI of a cell where RLF occurs and identity of a physical layer of a corresponding cell. DC (dual connectivity) has a structure that a master base station MeNB and a secondary base station SeNB are simultaneously connected to one UE].
As to Claim 4. (Currently Amended) Yang discloses the wireless communication device [i.e. UE-User Equipment] according to claim 1, wherein when the communication with the another wireless communication device in the non-communication mode is established [Figs. 8-11, Sections 0060, 0065, 0143: In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art],
the processor circuitry is further configured to [Fig. 12, Section 0158: The UE includes a processor-122 configured to implement the procedures of present invention] acquire a measurement result of reference signal received power in the another wireless communication device [Section 0060: In case of RLM, the UE monitor downlink radio link quality of a serving cell (e.g., primary cell, Pcell -interpreted as another communication device), estimate radio link quality on the basis of the CRS (channel reference signal), and may monitor/assess a radio link status (e.g., out-of-sync or in-sync) by comparing the estimated value (e.g., SNR (Signal to Noise Ratio) or SINR (Signal to Interference and Noise Ratio) with threshold values and if the radio link status corresponds to out-of-sync, the UE may regard that radio link has failed and perform an operation such as handover or cell reselection]
determines a secondary base station corresponding to the another cell [i.e. SCell/second BS or Cell-2] in accordance with the measurement result, and request the identification information to be allocated to the another wireless communication device from the secondary base station [Sections 0010, 0060, 0093: The method of receiving an indicator indicating which one of a plurality of SCells included in the second base station is the specific SCell, from the first base station. The UE monitor/assess a radio link status and perform measurements, and if the radio link status (measurement or quality) corresponds to out-of-sync, the UE may regard that radio link has failed and perform an operation such as handover or cell reselection. In this case, signaling involved in an RRC reconfiguration/measurement report associated with a specific cell may be transmitted and received via the PCell group].
As to Claim 5. (Currently Amended) Yang discloses a wireless communication device [i.e. UE-User Equipment] comprising processor circuitry [Processor-122] configured to control[Figs. 1, 12, Sections 0158, 0163: A wireless communication system includes a UE-120 and BS-110, and the UE includes a processor-122 configured to implement the procedures of present invention. The present invention applicable to a wireless communication apparatus/device such as a UE and a base station (BS/eNB)]:
in a case of performing communication with another wireless communication device [i.e. Base Station-BS/eNB or MeNB (master BS) or Cell-1/PCell; Section 0163], so as to perform data communication using simultaneously [i.e. DC/dual connectivity] a plurality of cell groups [Figs. 1, 9-10, 12, Sections 0074, 0131, 0160: DC (dual connectivity) has a structure that a master base station MeNB and a secondary base station SeNB are simultaneously connected to UE corresponds to a master cell group related to MeNB, and a secondary cell group to SeNB. Cell-1 (or cell group-1) of one or more cells including cell-1 and is controlled by the base station-1; the cell group-2 comprised of one or more cells including cell-2 controlled by the base station-2; the UE performs communication with the base station-1 through the cell-1 or cell group-1, and performs communication with the base station-2 through the cell 2. The embodiments are disclosed on the basis of a data communication relationship between a user equipment and base station(s)],
including a cell [i.e. BS/eNB/base station] being able to control a control plane [Figs. 3A-3B, Sections 0015, 0030: The Figs. 3A-3B depicts control plane protocol that includes the cell/eNB and the UE. The eNB (i.e. base station) provides an a control plane to the UE],
and another cell [i.e. SCell/second BS or Cell-2] that are selected when the communication with the another wireless communication device [i.e. Base Station-BS/eNB or MeNB (master BS) or Cell-1/PCell; Section 0163] is established in a non-communication mode [i.e. RRC/LTE idle, no RRC connection, deactivated or RLF-radio link failure causes non-communication, see 0040, 0060] under control from the another wireless communication device [Figs. 8-11, Sections 0050, 0060, 0065, 0070, 0143: In LTE, the PCell indicate a cell indicated in a handover procedure; the SCell configured and one or more SCells may be configured for a UE. In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. The UE start a procedure of establishing new RRC connection from the case the UE switched to RRC IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art].
As to Claim 6. (Currently Amended) Yang discloses the wireless communication device [i.e. UE-User Equipment] according to claim 5, wherein the processor circuitry is further configured to [Fig. 12, Section 0158: The UE includes a processor-122 configured to implement the procedures of present invention]
notify identification information about a secondary base station corresponding to the another cell to a primary base station corresponding to the cell capable of controlling the control plane [Sections 0010, 0030, 0050, 0151: The method of receiving an indicator indicating which one of a plurality of SCells included in the second base station is the specific SCell, from the first base station. The eNB (i.e. base station) provides control plane to the UE. The PCell indicate a cell indicated in a handover procedure; the SCell configured for a UE. Various methods for reporting including cell ID or cell index reporting of a cell where RLF (radio link failure) occurs].
As to Claim 7. (Currently Amended) Yang discloses the wireless communication device [i.e. UE-User Equipment] according to claim 5, wherein when the communication with the another wireless communication device is established in the non-communication mode [Figs. 8-11, Sections 0060, 0065, 0143: In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art],
the processor circuitry [Fig. 12, Section 0158: The UE includes a processor-122 configured to implement the procedures of present invention] is notified of identification information that is capable of identifying the wireless communication device and the another wireless communication device simultaneously from the another wireless communication device [Sections 0010, 0069, 0074: The method of receiving an indicator indicating which one of a plurality of SCells included in the second base station is the specific SCell, from the first base station. The base station identifies the corresponding UE by using identification information and identification C-RNTI of a cell where RLF occurs and identity of a physical layer of a corresponding cell. DC (dual connectivity) has a structure that a master base station MeNB and a secondary base station SeNB are simultaneously connected to one UE].
As to Claim 8. (Currently Amended) Yang discloses the wireless communication device [i.e. UE-User Equipment] according to claim 5, wherein when the communication with the another wireless communication device is established in the non-communication mode [Figs. 8-11, Sections 0060, 0065, 0143: In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art],
the processor circuitry is further configured to [Fig. 12, Section 0158: The UE includes a processor-122 configured to implement the procedures of present invention] notify information indicating that the another wireless communication device is a primary base station corresponding to the cell capable of controlling the control plane or information indicating that the another wireless communication device is a secondary base station corresponding to the another cell [Sections 0010, 0030, 0069: The method of receiving an indicator indicating which one of a plurality of SCells included in the second base station is the specific SCell, from the first base station. The eNB (i.e. base station) provides a control plane to the UE. The base station identifies the corresponding UE by using identification information and identification C-RNTI of a cell where RLF occurs and identity of a physical layer of a corresponding cell].
As to Claim 9. (Original) Yang discloses a wireless communication system comprising a first wireless communication device [i.e. UE-User Equipment] and a second wireless communication device [Figs. 1, 12, Sections 0158, 0163: A wireless communication system includes a UE-120 and BS-110 (i.e. second wireless communication device). The present invention applicable to a wireless communication apparatus/device such as a UE and a base station (BS/eNB)]:
wherein the first wireless communication device [i.e. UE-User Equipment] is further configured to control [Processor-122, Fig. 12], in a case of performing communication with the second wireless communication device [i.e. Base Station-BS/eNB or MeNB (master BS) or Cell-1/PCell; Section 0163], so as to perform data communication using simultaneously [i.e. DC/dual connectivity] a plurality of cell groups [Figs. 1, 9-10, 12, Sections 0074, 0131, 0160: DC (dual connectivity) has a structure that a master base station MeNB and a secondary base station SeNB are simultaneously connected to UE corresponds to a master cell group related to MeNB, and a secondary cell group to SeNB. Cell-1 (or cell group-1) of one or more cells including cell-1 and is controlled by the base station-1; the cell group-2 comprised of one or more cells including cell-2 controlled by the base station-2; the UE performs communication with the base station-1 through the cell-1 or cell group-1, and performs communication with the base station-2 through the cell 2. The embodiments are disclosed on the basis of a data communication relationship between a user equipment and base station(s)],
including a cell [i.e. BS/eNB/base station] being able to control a control plane [Figs. 3A-3B, Sections 0015, 0030: The Figs. 3A-3B depicts control plane protocol that includes the cell/eNB and the UE. The eNB (i.e. base station) provides a control plane to the UE],
and another cell [i.e. SCell/second BS or Cell-2] that are selected when the communication with the second wireless communication device [i.e. Base Station-BS/eNB or MeNB (master BS) or Cell-1/PCell; Section 0163] in a non-communication mode [i.e. RRC/LTE idle, no RRC connection, deactivated or RLF-radio link failure causes non-communication, see 0040, 0060] is established [Figs. 8-11, Sections 0050, 0060, 0065, 0070, 0143: In LTE, the PCell indicate a cell indicated in a handover procedure; the SCell configured and one or more SCells may be configured for a UE. In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. The UE start a procedure of establishing new RRC connection from the case the UE switched to RRC IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art],
and the second wireless communication device is further configured to control, in a case of performing communication with the first wireless communication device, so as to perform data communication using simultaneously the plurality of cell groups [Sections 0042, 0074, 0160: The UE transit/receive data to/from eNBs. DC (dual connectivity) has a structure that a master base station MeNB and a secondary base station SeNB are simultaneously connected to UE corresponds to a master cell group related to MeNB, and a secondary cell group to SeNB. The embodiments are disclosed on the basis of a data communication relationship between a user equipment and base station(s)],
selected [i.e. SCell/second BS or Cell-2] when the communication with the first wireless communication device is established in the non-communication mode [i.e. RRC/LTE idle, no RRC connection, deactivated or RLF-radio link failure causes non-communication, see 0040, 0060] under control from the first wireless communication device [Figs. 8-11, Sections 0050, 0060, 0065, 0070, 0143: In LTE, the PCell indicate a cell indicated in a handover procedure; the SCell configured and one or more SCells may be configured for a UE. In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as RRC connection re-establishment, handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. The UE start a procedure of establishing new RRC connection from the case the UE switched to RRC IDLE state. Meanwhile, when RLF (radio link failure) occurs as a result of RLM operation with respect to the cell 1, if RLF is declared, the UE report to cell-2 which is a target and perform RRC connection RACH (i.e. random access) with Cell 2 as related in the art].
As to Claim 10. (New) Yang discloses the wireless communication device [i.e. UE-User Equipment] according to claim 1, further comprising: a receiver [RF Unit-126] configured to receive [Fig. 12, Section 0158: The UE includes an RF unit-126 so as to transmit and/or receive]: information identifying the cell being able to control the control plane and being selected by the another wireless communication device in a non-communication mode [Sections 0030, 0060, 0065, 0069: The eNB (i.e. base station) provides a control plane to the UE. In the case of RLM (radio link monitoring), if the radio link status corresponds to out-of-sync, the UE regard that radio link has failed and perform an operation such as handover or cell reselection. When radio link failure has been detected this leads to RRC_IDLE state. The base station identifies the corresponding UE by using identification information and identification C-RNTI of a cell].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kim et al. US 20170208643.
Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
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 JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
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August 6, 2026
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477
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