DETAILED ACTION
This action is response to application number 18/690,088, amendment and remarks, dated on 03/07/2024.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-3 and 5-7 pending.
Claim 4 cancelled.
Claim 1 limitation(s) interpretation under 35 U.S.C. 112(f) withdrawn because of the applicant claim amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 5-7 have been considered but are moot in view of the new ground of rejection.
Claim Rejections - 35 USC § 102
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.
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 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.
Claims 1-3, 6-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by or, in the alternatively, under 35 U.S.C. 103 as obvious over Zhu et al. (US 2020/0008069 A1).
Claims 1, 6, 7, Zhu discloses a User Equipment (UE)(UE; Fig. 2A, el. 110), comprising:
at least one processor (Fig. 4, el. 310) configured to execute computer-executable instructions ((Fig. 4, el. 320)), stored in at least one non-transitory computer-readable medium (memory/storage; Fig. 4, el. 315) of the UE (FIG. 4 is a diagram illustrating exemplary components of a device 400 that may correspond to one or more of the devices described herein. For example, device 400 may correspond to components included in end device 105/110/115, wireless stations 125/135/145/148, network devices 155, or network devices 175. As illustrated in FIG. 4, according to an exemplary embodiment, device 400 includes a bus 405, a processor 410, a memory/storage 415 that stores software 420, a communication interface 425, an input 430, and an output 435. According to other embodiments, device 400 may include fewer components, additional components, different components, and/or a different arrangement of components than those illustrated in FIG. 4 and described herein; ¶55), to cause the UE to:
transmit data to one of a first base station (mmWave/gNB; Fig. 2A, el. 135) or a second base station (eNB/gNB; Fig. 2A, el. 145), different from the first base station (Fig. 2A show the two base stations being different from each other); and
determine whether the data is specific data (UE determining the data is data of the voice session and is different from the data of the data session as shown in Fig. 2A; For voice sessions (e.g., voice session 250), shared 5G spectrum may be used over the primary cell (e.g., eNB/gNB 145) to ensure uninterrupted mobility. For data sessions (e.g., data session 240), mmWave spectrum may be used over the secondary cell (e.g., gNB 135) to provide the highest connection speeds; ¶38);
in response to determining that the data is the specific data, transmit the specific data to the second base station (Fig. 2A shows, UE in response to determining that the data is the voice session (specific data), transmit the specific voice data to the eNB/gNB; Fig. 2A, el. 145; FIG. 2A-2C are diagrams illustrating exemplary connections for UE 110 in a portion 200 of network environment 104. FIG. 2A-2C generally show connections between UE 110 and a data network (DN) 260 that may be an intermediate point or endpoint for a voice/data session with UE 110. Particularly, FIG. 2A is a diagram illustrating exemplary connections when UE 110 is within a mmWave coverage area 220-1 (e.g., serviced by gNB 135) that is also within a coverage area 210 (e.g., services by eNB/gNB 145) with the shared spectrum for 5G. According to implementations described herein, when UE 110 is in the RRC idle mode and located within the coverage area of a mmWave cell, UE 110 may camp on the mmWave cell (e.g., mmWave cell 220-1), as indicated by reference 230. When UE 110 changes to the RRC connected mode, UE 110 may swap to use eNB/gNB 145 as a primary node for dual connectivity, with gNB 135 as a secondary cell. For voice sessions (e.g., voice session 250), shared 5G spectrum may be used over the primary cell (e.g., eNB/gNB 145) to ensure uninterrupted mobility. For data sessions (e.g., data session 240), mmWave spectrum may be used over the secondary cell (e.g., gNB 135) to provide the highest connection speeds; ¶38); and
acquire a communication resource for the second base station in advance in a case that a communication connection is established between the UE and the first base station (UE acquiring the voice resources for the eNB/gNB (Fig. 2A, el. 145) in a case that a data session is established between the UE and the first base station mmWave/gNB (Fig. 2A, el. 135); FIG. 2A-2C are diagrams illustrating exemplary connections for UE 110 in a portion 200 of network environment 104. FIG. 2A-2C generally show connections between UE 110 and a data network (DN) 260 that may be an intermediate point or endpoint for a voice/data session with UE 110. Particularly, FIG. 2A is a diagram illustrating exemplary connections when UE 110 is within a mmWave coverage area 220-1 (e.g., serviced by gNB 135) that is also within a coverage area 210 (e.g., services by eNB/gNB 145) with the shared spectrum for 5G. According to implementations described herein, when UE 110 is in the RRC idle mode and located within the coverage area of a mmWave cell, UE 110 may camp on the mmWave cell (e.g., mmWave cell 220-1), as indicated by reference 230. When UE 110 changes to the RRC connected mode, UE 110 may swap to use eNB/gNB 145 as a primary node for dual connectivity, with gNB 135 as a secondary cell. For voice sessions (e.g., voice session 250), shared 5G spectrum may be used over the primary cell (e.g., eNB/gNB 145) to ensure uninterrupted mobility. For data sessions (e.g., data session 240), mmWave spectrum may be used over the secondary cell (e.g., gNB 135) to provide the highest connection speeds; ¶38).
Claim 2, Zhu discloses wherein at least one processor is further configured to execute the computer-readable instructions to cause the UE to, in response to determining that the data is not the specific data, transmit the data to the first base station (UE determining that the data is not the specific voice data transmitting the data of the data session to the first base station mmWave/gNB (Fig. 2A, el. 135); FIG. 2A-2C are diagrams illustrating exemplary connections for UE 110 in a portion 200 of network environment 104. FIG. 2A-2C generally show connections between UE 110 and a data network (DN) 260 that may be an intermediate point or endpoint for a voice/data session with UE 110. Particularly, FIG. 2A is a diagram illustrating exemplary connections when UE 110 is within a mmWave coverage area 220-1 (e.g., serviced by gNB 135) that is also within a coverage area 210 (e.g., services by eNB/gNB 145) with the shared spectrum for 5G. According to implementations described herein, when UE 110 is in the RRC idle mode and located within the coverage area of a mmWave cell, UE 110 may camp on the mmWave cell (e.g., mmWave cell 220-1), as indicated by reference 230. When UE 110 changes to the RRC connected mode, UE 110 may swap to use eNB/gNB 145 as a primary node for dual connectivity, with gNB 135 as a secondary cell. For voice sessions (e.g., voice session 250), shared 5G spectrum may be used over the primary cell (e.g., eNB/gNB 145) to ensure uninterrupted mobility. For data sessions (e.g., data session 240), mmWave spectrum may be used over the secondary cell (e.g., gNB 135) to provide the highest connection speeds; ¶38).
Claim 3, Zhu discloses wherein the specific data is predefined as data with high urgency or importance (voice session being predefined as important data to be handle differently from the data of the data session as shown in Fig. 2A; FIG. 2A-2C are diagrams illustrating exemplary connections for UE 110 in a portion 200 of network environment 104. FIG. 2A-2C generally show connections between UE 110 and a data network (DN) 260 that may be an intermediate point or endpoint for a voice/data session with UE 110. Particularly, FIG. 2A is a diagram illustrating exemplary connections when UE 110 is within a mmWave coverage area 220-1 (e.g., serviced by gNB 135) that is also within a coverage area 210 (e.g., services by eNB/gNB 145) with the shared spectrum for 5G. According to implementations described herein, when UE 110 is in the RRC idle mode and located within the coverage area of a mmWave cell, UE 110 may camp on the mmWave cell (e.g., mmWave cell 220-1), as indicated by reference 230. When UE 110 changes to the RRC connected mode, UE 110 may swap to use eNB/gNB 145 as a primary node for dual connectivity, with gNB 135 as a secondary cell. For voice sessions (e.g., voice session 250), shared 5G spectrum may be used over the primary cell (e.g., eNB/gNB 145) to ensure uninterrupted mobility. For data sessions (e.g., data session 240), mmWave spectrum may be used over the secondary cell (e.g., gNB 135) to provide the highest connection speeds; ¶38).
Claim Rejections - 35 USC § 103
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.
Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2020/0008069 A1) in view of Sivavakeesar et. al. (US 2020/0037285 A1).
Claim 5, Sivavakeesar in the same field of endeavor, wireless communication systems and devices thereof operating according to the 3rd Generation Partnership Project (3GPP) standards or equivalents or derivatives (¶1) discloses wherein data, that is required for a radio communication, is synchronized between the first base station (anchor base 5b) and the second base station (base station 5c) (providing data synchronization between the base stations to transmit the data via the base stations by communication of the packet sequence number; After a successful X2-based (or S1-based) context retrieval, the base stations 5 proceed to SN Status transfer and data forwarding. Specifically, the anchor base station 5b (using its X2 module 67) generates and sends, in step S511, and appropriate ‘SN Status transfer’ message in order to transfer the status of the transceiver (uplink receiver status/downlink transmitter status) relating to the mobile device 3. It will be appreciated that the status of the transceiver may include respective Packet Data Convergence Protocol (PDCP) sequence numbers (SNs) used in the uplink and downlink direction which allow the new base station 5c to preserve the status following the mobile device 3 resuming its connection with the network via Cell #2; ¶104; In step S512, the anchor base station 5b (using its X2 module 67) starts forwarding, to the new base station 5c using the forwarding address provided by the MME 9, any cached downlink data, and the new base station 5c relays the forwarded data (not shown in FIG. 5) to the mobile device 3 via the Uu interface; ¶105; As generally shown in step S513, the MME 9 and the new base station 5c also initiates an appropriate path switch procedure (comprising a ‘Path Switch Request’ including information identifying the path to be switched (e.g. in an ‘MME UE S1AP ID’ information element) and an associated acknowledgement). In response to the path switch procedure the MME 9 also requests, in step S514, the S-GW 10 to modify the hearer associated with the mobile device 3 (i.e. to tunnel data to the new base station 5c instead of the anchor base station 5b). Once the bearer has been modified, there is no need for the anchor base station 5b to forward downlink data to the new base station 5c; ¶106).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to provide a data synchronization between the first base station and the second base station to provide the data, as taught by Sivavakeesar to modify Zhu’s method and system in order to manage connection states for communication devices (¶1).
Conclusion
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 KOUROUSH MOHEBBI whose telephone number is (571)270-7908. The examiner can normally be reached 7:30AM-5:00PM.
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, Sujoy Kundu can be reached on 571-272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KOUROUSH MOHEBBI/Primary Examiner, Art Unit 2471
Prosecution Insights