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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/04/2026 has been entered.
Remarks
The present Office Action is in response to Applicant’s claim after final amendment filed on 08/11/2026. Claims 1-44 are now pending in the present application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 41-44 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 41 and 42 recite, “A method performed by a User Equipment (UE), the method comprising: communicating with a communication apparatus; and receiving a first information element (IE) from the communication apparatus…” However, the current specification does not support the limitation.
Claims 43 and 44 recite, “A User Equipment (UE) comprising: at least one memory; and at least one processor coupled to the at least one memory and configured to: receive a first information element (IE) from a communication apparatus…” However, the current specification does not support the limitation.
Applicant is welcomed to point out to the part(s) of the specification that provides support for the limitation(s).
Allowable Subject Matter
Claim(s) 1-40 is/are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior arts of the record Toeda et al. -US 20200396740 A1- (hereinafter Toeda) in view of WANG et al. -US 20200120553 A1- (hereinafter Wang) fail(s) to suggest, disclose or teach individually or in combination to render obvious all limitations of independent claims 1, 10, 19, 28, and 37-40.
Regarding claim 1, Toeda in combination with Wang disclose(s) all claimed limitations (see Non-Final Rejection mailed on 10/14/2025) except, “wherein the first IE indicates whether a secondary cell (SCell) is to be in an activated state or a deactivated state, depending on whether the first IE comprises a second IE”.
Regarding claim 10, Toeda discloses a method performed by a Distributed Unit (DU) of a communication apparatus (FIG. 13, par. 0087, "a base station device 100B acting as gNB may include gNB-CU 100C and gNB-DU 100D”), the method comprising:
communicating with a Central Unit (CU) of the communication apparatus (FIG. 13, par. 0087, "The gNB-CU 100C and the gNB-DU 100D are connected via an F1-C interface"); and
sending a first message to the CU (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation"… "),
wherein the first message comprises a first information element (IE) (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093 and 0098, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation""; and par. 0097 and 0098 for the "UE CONTEXT MODIFICATION REQUEST" message).
Wang discloses wherein the first IE and a second IE (FIG. 14 to FIG. 17 par. 0464-0473).
However, Toeda in combination with Wang fail(s) to teach or disclose, “wherein the first IE not comprising a second IE indicates that a secondary cell (SCell) is to be in a deactivated state”.
Regarding claim 19, Toeda in combination with Wang disclose(s) all claimed limitations (see Non-Final Rejection mailed on 10/14/2025) except, “wherein the first IE indicates whether a secondary cell (SCell) is to be in an activated state or a deactivated state, depending on whether the first IE comprises a second IE”.
Regarding claim 28, Toeda discloses a method performed by a Central Unit (CU) of a communication apparatus (FIG. 13, par. 0087, "a base station device 100B acting as gNB may include gNB-CU 100C and gNB-DU 100D”), the method comprising:
communicating with a Distributed Unit (CU) of the communication apparatus (FIG. 13, par. 0087, "The gNB-CU 100C and the gNB-DU 100D are connected via an F1-C interface"); and
receiving a first message to the DU (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation"… "),
wherein the first message comprises a first information element (IE) (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093 and 0098, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation""; and par. 0097 and 0098 for the "UE CONTEXT MODIFICATION REQUEST" message).
Wang discloses wherein the first IE and a second IE (FIG. 14 to FIG. 17 par. 0464-0473).
However, Toeda in combination with Wang fail(s) to teach or disclose, “wherein the first IE not comprising a second IE indicates that a secondary cell (SCell) is to be in a deactivated state”.
Regarding claim 37, Toeda in combination with Wang disclose(s) all claimed limitations (see Non-Final Rejection mailed on 10/14/2025) except, “wherein the first IE indicates whether a secondary cell (SCell) is to be in an activated state or a deactivated state, depending on whether the first IE comprises a second IE”.
Regarding claim 38, Toeda discloses a Distributed Unit (DU) of a communication apparatus comprising: at least one memory; and at least one processor coupled to the at least one memory (FIG. 22 and FIG. 23, par. 0126-0128; FIG. 13, par. 0087, "a base station device 100B acting as gNB may include gNB-CU 100C and gNB-DU 100D", the base station includes an inherent processor connected to an inherent memory) and configured to:
send a first message to a Central Unit (CU) of communication appratus (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation"… "),
wherein the first message comprises a first information element (IE) (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093 and 0098, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation""; and par. 0097 and 0098 for the "UE CONTEXT MODIFICATION REQUEST" message).
Wang discloses wherein the first IE and a second IE (FIG. 14 to FIG. 17 par. 0464-0473).
However, Toeda in combination with Wang fail(s) to teach or disclose, “wherein the first IE not comprising a second IE indicates that a secondary cell (SCell) is to be in a deactivated state”.
Regarding claim 39, Toeda in combination with Wang disclose(s) all claimed limitations (see Non-Final Rejection mailed on 10/14/2025) except, “wherein the first IE indicates whether a secondary cell (SCell) is to be in an activated state or a deactivated state, depending on whether the first IE comprises a second IE”.
Regarding claim 40, Toeda discloses a Central Unit (CU) of a communication apparatus comprising: at least one memory; and at least one processor coupled to the at least one memory (FIG. 22 and FIG. 23, par. 0126-0128; FIG. 13, par. 0087, "a base station device 100B acting as gNB may include gNB-CU 100C and gNB-DU 100D", the base station includes an inherent processor connected to an inherent memory)and configured to:
receive a first message from a Distributed Unit (DU) of the communication apparatus (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation"… "),
wherein the first message comprises a first information element (IE) (FIG. 14, FIG. 15, FIG. 16 and FIG. 18, par. 0093 and 0098, "As illustrated in FIG. 15, the "UE CONTEXT SETUP RESPONSE" message includes an information element "gNB Resource Allocation""; and par. 0097 and 0098 for the "UE CONTEXT MODIFICATION REQUEST" message).
Wang discloses wherein the first IE and a second IE (FIG. 14 to FIG. 17 par. 0464-0473).
However, Toeda in combination with Wang fail(s) to teach or disclose, “wherein the first IE not comprising a second IE indicates that a secondary cell (SCell) is to be in a deactivated state”.
Therefore, claims 1-40 are considered novel and non-obvious, and allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-44 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Dinan -US 20220110101 A1- disclose Secondary Cell In A Wireless Device And Wireless Network.
Löhr et al. -US 20200053632 A1- disclose METHOD AND APPARATUS FOR APPLYING A CELL RESTRICTION CONFIGURATION.
Dinan -US 20150373686 A1- disclose Carrier Grouping In Multicarrier Wireless Networks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAHYAR KASRAIA N whose telephone number is (571)270-1772. The examiner can normally be reached Monday - Friday, 8:00 am - 5: 00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RAFAEL PEREZ-GUTIERREZ can be reached at (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAHYAR KASRAIA N/Primary Examiner, Art Unit 2642
Prosecution Insights