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 .
This non-final rejection is in response to the application filled 2/14/2024.
Claims 1-6 are pending.
Claim Interpretation
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.
The claim 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.
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 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.
This application includes one or more claim limitations that do not use the word “a telematics unit, ,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are:
In claims 1 and 3, “a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a control unit that controls an execution of a conditional handover” and functional language “an execution of a procedure for an addition/change of a secondary cell” without reciting sufficient structure to achieve the function.
In claims 1 and 3, “and a transmission unit that transmits a radio resource control layer message” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a transmission unit” and functional language “that transmits a radio resource control layer message” without reciting sufficient structure to achieve the function.
In claims 2 and 4, “a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a control unit that controls an execution of a conditional handover” and functional language “an execution of a procedure for an addition/change of a secondary cell” without reciting sufficient structure to achieve the function.
In claims 2 and 4, “and a transmission unit that transmits a report relating to at least either a radio link failure or a handover” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a transmission unit that transmits a report” and functional language “relating to at least either a radio link failure or a handover” without reciting sufficient structure to achieve the function.
In claim 5 limitation, “ a step of controlling an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “controlling an execution of a conditional handover” and functional language “an execution of a procedure for an addition/change of a secondary cell” without reciting sufficient structure to achieve the function.
In claim 5 limitation, “a step of transmitting a radio resource control layer message” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a step of transmitting” and functional language “a radio resource control layer message” without reciting sufficient structure to achieve the function.
In claim 5 limitation, “a step of prioritizing either the conditional handover or the procedure for the addition/change according to a state of the message” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a step of prioritizing either the conditional handover or the procedure for the addition/change” and functional language “according to a state of the message” without reciting sufficient structure to achieve the function.
In claim 6 limitation, “a step of controlling an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a step of controlling an execution of a conditional handover” and functional language “an execution of a procedure for an addition/change of a secondary cell” without reciting sufficient structure to achieve the function.
In claim 6 limitation, “a step of transmitting a report relating to at least either a radio link failure or a handover” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a step of transmitting a report” and functional language “relating to at least either a radio link failure or a handover” without reciting sufficient structure to achieve the function.
In claim 6 limitation, “a step of determining contents of the report according to an execution of the conditional handover or an execution of the procedure for the addition/change” has been interpreted under 112(f) as a means plus function limitation because the combination of a non-structural element “a step of determining contents of the report” and functional language “according to an execution of the conditional handover or an execution of the procedure for the addition/change” without reciting sufficient structure to achieve the function.
Claim Rejections - 35 USC § 112
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.
Claim 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), 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-AlA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 3 limitation “a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell” invokes 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AlA), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts to the function. The specification merely describes it controls an execution of a conditional handover. The phrase “a control unit” renders the claim indefinite because para. 0044 describes it controlling each function block constituting the eNB 100A, but there is no corresponding structure to go with the control unit for specific claimed limitation. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding claims 1 and 3 limitation “and a transmission unit that transmits a radio resource control layer message” invokes 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AlA), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts to the function. The specification merely describes it transmits a RRC layer message. The phrase “a transmission unit” renders the claim indefinite because para. 0054 describes it as an RRC processing unit, but there is no corresponding structure to go with the control unit for specific claimed limitation. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding claims 2 and 4 limitation “a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell” invokes 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AlA), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts to the function. The specification merely describes it controls an execution of a conditional handover. The phrase “a control unit” renders the claim indefinite because para. 0044 describes it controlling each function block constituting the eNB 100A, but there is no corresponding structure to go with the control unit for specific claimed limitation. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding claims 2 and 4 limitation “and a transmission unit that transmits a report relating to at least either a radio link failure or a handover” invokes 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AlA), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts to the function. The specification merely describes operable to transmits a report relating to at least either a radio link failure or a handover. The phrase “a transmission unit” renders the claim indefinite because para. 0054 describes it as an RRC processing unit, but there is no corresponding structure to go with the control unit for specific claimed limitation. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kumar US 20230007550 A1.
Regarding claim 1, Kumar does disclose a terminal comprising: a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell([0089] FIG. 2 The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.);
and a transmission unit that transmits a radio resource control layer message([0084] In the control plane, the Radio Resource Control (RRC) protocol layer may provide establishment, configuration, and maintenance of an RRC connection between a UE 115 and a base station 105 or a core network 130 supporting radio bearers for user plane data. At the physical layer, transport channels may be mapped to physical channels.),
wherein when the conditional handover and the procedure for the addition/change are configured simultaneously, or when an execution condition of the conditional handover and an execution condition of the procedure for the addition/change are met simultaneously, the control unit prioritizes either the conditional handover or the procedure for the addition/change according to a state of the message([0087][0089]FIG. 2 The UE 215 may support dual connectivity in which the UE 215 has concurrent connections with multiple nodes. For example, the UE 215 may have a connection with the master node 205-a via one or more serving cells and may simultaneously have a connection with the secondary node 205-b via one or more serving cells. The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.).
Regarding claim 2, Kumar does disclose a terminal comprising: a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell([0089] FIG. 2 The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.);
and a transmission unit that transmits a report relating to at least either a radio link failure or a handover([0111] FIG. 3 At 345-b, the UE 315 may transmit a report to a master node 305, such as the master node 305-b, via secondary node upon the completion of the CPAC procedure to recover master node. The report may be sent based on the radio link failure at the master node 305-b and may indicate the radio link failure. ),
wherein the control unit determines contents of the report according to an execution of the conditional handover or an execution of the procedure for the addition/change([0093] process flow 300 that supports reporting for conditional primary secondary cell addition or change in accordance with aspects of the present disclosure. The process flow 300 may illustrate operations of the UE 315 when the UE 315 is configured with a configuration for a conditional procedure for adding or changing the PSCell (e.g., a CPAC procedure) and a configuration for a conditional handover procedure (e.g., CHO procedure) for the PCell. ).
Regarding claim 3, Kumar does disclose a radio communication system including a terminal and a radio base station,
the terminal includes: a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell([0089]FIG. 2 The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.);
and a transmission unit that transmits a radio resource control layer message([0084] In the control plane, the Radio Resource Control (RRC) protocol layer may provide establishment, configuration, and maintenance of an RRC connection between a UE 115 and a base station 105 or a core network 130 supporting radio bearers for user plane data. At the physical layer, transport channels may be mapped to physical channels.),
and the radio base station includes a reception unit that receives the message([0086] [0125] The nodes 205 may be examples of radio access nodes such as base stations, eNBs, gNBs, and the like. Upon receiving a handover success message from the target master node (e.g., the master node 405-a), the source master node (e.g., the master node 405-b) may initiate a secondary node release procedure towards the target secondary node(s). ),
wherein when the conditional handover and the procedure for the addition/change are configured simultaneously, or when an execution condition of the conditional handover and an execution condition of the procedure for the addition/change are met simultaneously, the control unit prioritizes either the conditional handover or the procedure for the addition/change according to a state of the message([0087][0089]FIG. 2 The UE 215 may support dual connectivity in which the UE 215 has concurrent connections with multiple nodes. For example, the UE 215 may have a connection with the master node 205-a via one or more serving cells and may simultaneously have a connection with the secondary node 205-b via one or more serving cells. The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.).
Regarding claim 4, Kumar does disclose a radio communication system including a terminal and a radio base station,the terminal includes: a control unit that controls an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell([0089] FIG.2 The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.);
and a transmission unit that transmits a report relating to at least either a radio link failure or a handover([0111] FIG. 3 At 345-b, the UE 315 may transmit a report to a master node 305, such as the master node 305-b, via secondary node upon the completion of the CPAC procedure to recover master node. The report may be sent based on the radio link failure at the master node 305-b and may indicate the radio link failure. ),
and the radio base station includes a reception unit that receives the report([0086] FIG. 2 The nodes 205 may be examples of radio access nodes such as base stations, eNBs, gNBs, and the like. The UE 215 may send reports (e.g., SON reports) with information related to a conditional procedure for adding or changing PSCells.),
wherein the control unit determines contents of the report according to an execution of the conditional handover or an execution of the procedure for the addition/change([0093] process flow 300 that supports reporting for conditional primary secondary cell addition or change in accordance with aspects of the present disclosure. The process flow 300 may illustrate operations of the UE 315 when the UE 315 is configured with a configuration for a conditional procedure for adding or changing the PSCell (e.g., a CPAC procedure) and a configuration for a conditional handover procedure (e.g., CHO procedure) for the PCell. ).
Regarding claim 5, Kumar does disclose a radio communication method comprising: a step of controlling an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell([0089] FIG. 2 The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.);
a step of transmitting a radio resource control layer message([0084]FIG. 1 In the control plane, the Radio Resource Control (RRC) protocol layer may provide establishment, configuration, and maintenance of an RRC connection between a UE 115 and a base station 105 or a core network 130 supporting radio bearers for user plane data. At the physical layer, transport channels may be mapped to physical channels.);
and when the conditional handover and the procedure for the addition/change are configured simultaneously, or when an execution condition of the conditional handover and an execution condition of the procedure for the addition/change are met simultaneously, a step of prioritizing either the conditional handover or the procedure for the addition/change according to a state of the message([0087][0089] FIG. 2 The UE 215 may support dual connectivity in which the UE 215 has concurrent connections with multiple nodes. For example, the UE 215 may have a connection with the master node 205-a via one or more serving cells and may simultaneously have a connection with the secondary node 205-b via one or more serving cells. The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.).
Regarding claim 6, Kumar does disclose a radio communication method comprising:a step of controlling an execution of a conditional handover and an execution of a procedure for an addition/change of a secondary cell([0089] FIG. 2 The master node 205-a may send the UE 215 a configuration for a conditional PSCell procedure (e.g., a CPAC procedure) for adding or changing the PSCell 230.For example, the master node 205-a may send the UE 215 a configuration for a conditional handover procedure (CHO) that is triggered by the satisfaction of one or more triggering conditions.);
a step of transmitting a report relating to at least either a radio link failure or a handover([0111] FIG. 3 At 345-b, the UE 315 may transmit a report to a master node 305, such as the master node 305-b, via secondary node upon the completion of the CPAC procedure to recover master node. The report may be sent based on the radio link failure at the master node 305-b and may indicate the radio link failure. );
and a step of determining contents of the report according to an execution of the conditional handover or an execution of the procedure for the addition/change([0093]FIG. 3 process flow 300 that supports reporting for conditional primary secondary cell addition or change in accordance with aspects of the present disclosure. The process flow 300 may illustrate operations of the UE 315 when the UE 315 is configured with a configuration for a conditional procedure for adding or changing the PSCell (e.g., a CPAC procedure) and a configuration for a conditional handover procedure (e.g., CHO procedure) for the PCell. ).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20250097788 A1 Watanabe
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYA TEON NELSON whose telephone number is (703)756-1942. The examiner can normally be reached 8:00-5:30.
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/RYA TEON NELSON/Examiner, Art Unit 2419
/Nishant Divecha/ Supervisory Patent Examiner, Art Unit 2419