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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2-7, 9, 10, 11-14 of copending Application No. US 20250056344 A1 in view of claims 1, 11 of US 20240357443 A1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
18/720655
18/687,953
Claim 1: A user equipment (UE), comprising: one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex-ecutable instructions to:while maintaining a first Radio Resource Control (RRC) connection with a first base station (BS) of a first network, receive transmissions from a BS of a second network during at least one time period specified in a switch gap configuration;receive a first RRC reconfiguration message from the first BS of the first network, the first RRC reconfiguration message comprising a first command and a second command, the first command instructing the UE to begin a handover procedure from the first BS of the first network to a second BS of the first network, and the second command controlling usage of the switch gap configuration by the UE following completion of the handover procedure; initiate execution of the handover procedure according to the first command; and when the second command suspends continued usage of the switch gap configuration following the completion of the handover procedure, suspend reception of transmissions from the BS of the second network following completion of the handover procedure.
Claim 1: A user equipment (UE), comprising: one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex-ecutable instructions to: while maintaining a first Radio Resource Control (RRC) connection with a first base station (BS) of a first network, receive transmissions from a BS of a second network during at least one time period specified in a switch gap configuration; receive an RRC reconfiguration message from the first BS of the first network, the RRC reconfiguration message comprising a first command and a second command, the first command instructing the UE to begin a handover procedure from the first BS of the first network to a second BS of the first network, and the second command controlling usage of the switch gap configuration by the UE following completion of the handover procedure; initiate execution of the handover procedure according to the first command; and when the second command suspends continued usage of the switch gap configuration during a time interval following the completion of the handover procedure, suspend reception of transmissions from the BS of the second network during the time interval.
Claim 2: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:while suspending the reception of transmissions from the BS of the second network, receive a second RRC reconfiguration message from the second BS of the first network, the second RRC reconfiguration message comprising a third command to resume the reception of trans- missions from the BS of the second network; and in response to receiving the second RRC reconfiguration message, resume the reception of transmissions from the BS of the second network.
Claim 2: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:while suspending the reception of transmissions from the second BS, receive a second RRC reconfiguration message from the first BS, the second RRC reconfiguration message comprising a third command to resume the reception of transmissions from the second BS; and in response to receiving the second RRC reconfiguration message, resume the reception of transmissions from the second BS.
Claim 3: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to: when the second command suspends continued usage of the switch gap configuration following the completion of the handover procedure, initiate a timer; andwhen the timer expires before receiving a second RRC reconfiguration message comprising a third command to resume the reception of trans- missions from the BS of the second network, remove the switch gap configuration.
Claim 3: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to: when the second command suspends continued usage of the switch gap configuration following the failure of the handover procedure, initiate a timer; and if, before receiving the second RRC reconfiguration message, the timer expires, cause the first BS to remove the switch gap configuration.
Claim 4: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:where the second command disables suspension of continued usage of the switch gap configuration, continue to receive transmissions from the BS of the second network following the completion of the handover procedure.
Claim 4: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:where the second command disables suspension of the continued usage of the switch gap configuration, continue to receive transmissions from the second BS following reestablishing the RRC connection with the first BS.
Claim 5: The UE of claim 1, wherein the first RRC reconfiguration message comprises an RRCReconfiguration message.
Claim 5: The UE of claim 1, wherein the first RRC reconfiguration message comprises an RRCReconfiguration message.
Claim 6: The UE of claim 5, wherein the second command comprises a switch- SuspendCommand comprising an enumerated value indicating whether to suspend or resume receiving transmissions from the BS of the second network.
Claim 6: The UE of claim 5, wherein the second command comprises a switch- SuspendCommand contained in the RRCReconfiguration message, the switchSuspendCommand comprising an enumerated value indicating whether to suspend or resume receiving transmissions from the second BS.
Claim 7: The UE of claim 6, wherein the RRCReconfiguration message comprises an OtherConfig information element (IE) comprising the switchSuspendCommand.
Claim 7: The UE of claim 6, wherein the RRCReconfiguration message comprises an OtherConfig information element (IE) that includes the switchSuspendCommand.
Claim 8: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:receive an RRCReconfiguration message comprising a switch- GapConfig IE comprising the switch gap configuration.
Claim 9: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:receive an RRCReconfiguration message comprising a switch- GapConfig IE that includes the switch gap configuration.
Claim 9: A base station (BS) of a first network, the BS comprising:one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex- ecutable instructions to:maintain a first Radio Resource Control (RRC) connection with a user equipment (UE) while facilitating gaps in communication with the UE according to a switch gap configuration; and transmit, to the UE, an RRC reconfiguration message comprising a first command and a second command, the first command instructing the UE to begin a handover procedurefrom the BS of the first network to another BS of the first network, and the second command comprising a value indicating whether usage of the switch gap configuration by the UE is to be suspended following completion of the handover procedure.
Claim 10: A first base station (BS) of a first network, the first BS comprising:one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex- ecutable instructions to: maintain a Radio Resource Control (RRC) connection with a user equipment (UE) while facilitating gaps in communication with the UE according to a switch gap configuration to facilitate reception of trans- missions by the UE from a second BS of a second network; and transmit, to the UE, an RRC reconfiguration message comprising a first command and a second command, the first command instructing the UE to begin a handover procedure from the first BS to a third BS, and the second command comprising a value indicating whether usage of the switch gap configuration by the UE is to be suspended following a failure of the handover procedure.
Claim 10: The BS of claim 9, the at least one processor further configured to execute the computer-executable instructions to:transmit, to the other BS of the first network, a handover request message comprising the switch gap configuration; and receive, from the other BS in response to the handover request message, a handover request acknowledgment message comprising the first command and the second command.
Claim 11: The first BS of claim 10, the at least one processor further configured to execute the computer-executable instructions to:transmit, to the third BS, a handover request message comprising the second command; and receive, from the third BS in response to the handover request message, a handover request acknowledgment message comprising the first command and the second command.
Claim 11: The BS of claim 10, wherein the handover request message further comprises at least one of:a throughput value indicating a data throughput between the BS and the UE;a BS buffer value indicating an amount of downlink (DL) data buffered at the BS for the UE; or a UE buffer value indicating an amount of uplink (UL) data buffered at the UE for the BS.
Claim 11: The BS of claim 10, wherein the handover request message further comprises at least one of:a throughput value indicating a data throughput between the BS and the UE;a BS buffer value indicating an amount of downlink (DL) data buffered at the BS for the UE; or a UE buffer value indicating an amount of uplink (UL) data buffered at the UE for the BS.
Claim 12: The BS of claim 10, wherein the handover request acknowledgment message comprises an RRCReconfiguration message comprising the first command and the second command.
Claim 12: The first BS of claim 11, wherein the handover request ac- knowledgment message comprises an RRCReconfiguration message that includes the first command and the second command.
Claim 13: The BS of claim 12, wherein the RRCReconfiguration message comprises an OtherConfig in- formation element (IE) comprising a switchSuspendCommand.
Claim 13: The first BS of claim 12, wherein:the second command comprises a switchSuspendCommand; and the RRCReconfiguration message comprises an OtherConfig in- formation element (IE) that includes the switchSuspendCommand.
Claim 14: A base station (BS) of a first network, the BS comprising:one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex- ecutable instructions to:receive, from another BS of the first network, a handover request message for a user equipment (UE), the handover request message comprising a switch gap configuration that specifies at least one time period during which the UE receives transmissions from a BS of a second network;generate a first RRC reconfiguration message comprising a first command and a second command,the first command instructing the UE to begin a handover procedure from the other BS of the first network to the BS of the first network, and the second command indicating whether usage of the switch gap con- figuration by the UE is to be suspended following completion of the handover procedure; andtransmit, to the other BS, a handover request acknowledgment message comprising the first RRC reconfiguration message.
Claim 14: A first base station (BS), the first BS comprising:one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex- ecutable instructions to: receive, from a second BS of a first network, a handover request message for a user equipment (UE), the handover request message comprising a first command indicating whether usage of a switch gap configuration by the UE is to be suspended following a failure of a handover procedure, the switch gap configuration specifying at least one time period during which the UE receives transmissions from a third BS of a second network; generate an RRC reconfiguration message comprising the first command and a second command, the second command instructing the UE to begin a handover procedure from the second BS to the first BS; and transmit, to the second BS, a handover request acknowledgment message comprising the RRC reconfiguration message.
Claim 15: The BS of claim 14, the at least one processor further configured to execute the computer-executable instructions to:generate a second RRC reconfiguration message comprising a third command to resume usage of the switch gap configuration by the UE;and transmit, to the UE, the second RRC reconfiguration message.
Claim 2: The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:while suspending the reception of transmissions from the second BS, receive a second RRC reconfiguration message from the first BS, the second RRC reconfiguration message comprising a third command to resume the reception of transmissions from the second BS; and in response to receiving the second RRC reconfiguration message, resume the reception of transmissions from the second BS.
Claim 1 of the instant application is an obvious variant of claim 1 of 18/687953. 18/687953 discloses how an RRC reconfiguration message is received from the first BS and the UE begins a handover protocol from the first BS to the second BS. At a time interval following the completion transmission is suspended between the BS and the second network. The instant application discloses the RRC reconfiguration message but has the difference of being at the completion of the handover procedure without explicitly using a time interval. It would be obvious to consider a time interval after reconfiguration being completed to have the same meaning as following the completion of the reconfiguration.
Claim 2 of the instant application is an obvious variant of claim 2 of 18/720655.
Claim 3 of the instant application is an obvious variant of claim 3 of 18/720655. The instant application discloses the removal of a switch gap configuration if a timer expires before receiving a second RRC message containing third command to resume the reception of transmission. 18/720655 discloses the removal of a switch gap configuration if a timer expires before receiving a second RRC message. It would be obvious for the second RRC message to contain a third command as evidenced in claim 2.
Claim 4 of the instant application is an obvious variant of claim 4 of 18/720655. The instant application discloses the continued transmission from the BS of the second network at completion of the handover procedure. 18/720,655 discloses the continued transmission from the second BS following reestablishing of RRC connection. The completion of the handover procedure in the instant application and the reestablishing of the RRC connection in 18/720655 are interpreted to have the same meaning.
Claim 5 of the instant application is an obvious variant of claim 5 of 18/720655.
Claim 6 of the instant application is an obvious variant of claim 6 of 18/720655.
Claim 7 of the instant application is an obvious variant of claim 7 of 18/720655.
Claim 8 of the instant application is an obvious variant of claim 9 of 18/720655.
Claim 9 of the instant application is an obvious variant of claim 10 of 18/720655. The instant application discloses “another base station of the first network” for a handover procedure. 18/720655 discloses a third BS for the handover procedure. These are analogous.
Claim 10 of the instant application is an obvious variant of claim 10 of 18/720655. The instant application discloses the handover request message comprising a switch gap configuration as the second command. 18/720655 discloses the handover request message comprising the second command. Claim 10 of 18/720655 discloses that the second command contains an indication of the switch gap configuration. The handover request message in both the instant application and 18/720655 contain the same contents.
Claim 11 of the instant application is an obvious variant of claim 11 of 18/687953.
Claim 12 of the instant application is an obvious variant of claim 12 of 18/720655.
Claim 13 of the instant application is an obvious variant of claim 13 of 18/720655.
Claim 14 of the instant application is an obvious variant of claim 14 of 18/720655.
Claim 15 of the instant application is an obvious variant of claim 15 of 18/720655. The instant application describes the process from the view of the BS while 18/720655 describes the same process from the view of the UE.
Specification
The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5, 8-12, 14, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20230345332 A1) in view of Wu (US 20230388891 A1).
Regarding claim 1 Wang teaches,
A user equipment (UE), comprising:
one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex-ecutable instructions to: (Figure 11, paragraph 0126, 0127 – The device to include a UE has a processor, and executes instructions)
[while maintaining a first Radio Resource Control (RRC) connection with a first base station (BS) of a first network, receive transmissions from a BS of a second network] during at least one time period specified in a switch gap configuration; (Wang - paragraph 0059 - transmission from a BS of a network during a switch gap configuration)
the second command controlling usage of the switch gap configuration by the UE following completion of the handover procedure; (Wang, paragraph 0049 – The TDM pattern is referred to as a switch gap. Paragraphs 0053-0063 – The TDM pattern is transmitted by the first network device to the UE as part of the handover procedure as the second command.)
when the second command suspends continued usage of the switch gap configuration following the completion of the handover procedure, suspend reception of transmissions from the BS of the second network following completion of the handover procedure. (Wang paragraph 0066, figure 2, label 280’ – The terminal device may stop the TDM pattern for transmitting to the second network device after the completion of the handover procedure. Paragraph 0065, Figure 2 – This is directly linked to the second command which may release or switch the second device (label 270) prior to stopping the TDM pattern (label 280’)).
Wang fails to teach,
receive a first RRC reconfiguration message from the first BS of the first network, the first RRC reconfiguration message comprising a first command [and a second command], the first command instructing the UE to begin a handover procedure from the first BS of the first network to a second BS of the first network, and
initiate execution of the handover procedure according to the first command; and
while maintaining a first Radio Resource Control (RRC) connection with a first base station (BS) of a first network, receive transmissions from a BS of a second network [during at least one time period specified in a switch gap configuration];
Wu teaches,
While maintaining a first Radio Resource Control (RRC) connection with a first base station (BS) of a first network, receive transmissions from a BS of a second network [during at least one time period specified in a switch gap configuration]; (Wu - paragraph 0107, figure 3a, label 392a transmission of RRC reconfiguration from second base station)
receive a first RRC reconfiguration message from the first BS of the first network, the first RRC reconfiguration message comprising a first command [and a second command], the first command instructing the UE to begin a handover procedure from the first BS of the first network to a second BS of the first network, and (Wu paragraph 0084-0085, figure 3a, label 302a – The UE begins a conditional handover from the first to the second MN based on the first MN as the first command)
initiate execution of the handover procedure according to the first command; and (Wu paragraph 0085, figure 3A, 338A – The conditional handover is completed with the C-MN as the first command)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the RRC and handover procedure for switch gap teachings of Wu. The purpose of doing so is to implement the conditional handover by initiating a reconfiguration of the UE based on the configuration requirements while allowing the UE to cancel the conditional mobility procedure if it is not necessary or not functionally working (paragraphs 0015-0017).
Regarding claim 5, Wang teaches,
The UE of claim 1, wherein the first RRC reconfiguration message comprises an RRCReconfiguration message. (Wang, paragraph 0059, figure 2, label 250 – The UE receives an RRCReconfiguration message with the switch gap configuration.)
Regarding claim 8, Wang teaches,
The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:
receive an RRCReconfiguration message comprising a switch- GapConfig IE comprising the switch gap configuration. (Wang, paragraph 0059, figure 2, label 250 – The UE receives an RRCReconfiguration message with the switch gap configuration.)
Regarding claim 9, Wang teaches,
A base station (BS) of a first network, the BS comprising:
one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and (Figure 11, paragraph 0126, 0127 – The device to include a base station has a processor, and executes instructions)
at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex-ecutable instructions to: (Figure 11, paragraph 0126, 0127 – The device to include a base station has a processor, and executes instructions)
maintain a first Radio Resource Control (RRC) connection with a user equipment (UE) while facilitating gaps in communication with the UE according to a switch gap configuration; and (Wang, paragraph 0059, figure 2, label 250 – The UE receives an RRCReconfiguration message with the switch gap configuration.)
transmit, to the UE, an RRC reconfiguration message [comprising a first command and] a second command, [the first command instructing the UE to begin a handover procedure from the BS of the first network to another BS of the first network,] and the second command comprising a value indicating whether usage of the switch gap configuration by the UE is to be suspended following completion of the handover procedure. (Wang, paragraph 0049 – The TDM pattern is referred to as a switch gap. Paragraphs 0053-0063 – The TDM pattern is transmitted by the first network device to the UE as part of the handover procedure as a second command).
Wang fails to teach,
the second command comprising a value indicating whether usage of the switch gap configuration by the UE is to be suspended following completion of the handover procedure.
transmit, to the UE, an RRC reconfiguration message comprising a [first command] and a second command, [the first command instructing the UE to begin a handover procedure from the BS of the first network to another BS of the first network,] and the second command comprising a value indicating whether usage of the switch gap configuration by the UE is to be suspended following completion of the handover procedure.
Wu teaches,
transmit, to the UE, an RRC reconfiguration message comprising a first command and a second command, the first command instructing the UE to begin a handover procedure from the BS of the first network to another BS of the first network, and the second command comprising a value indicating whether usage of the switch gap configuration by the UE is to be suspended following completion of the handover procedure. (Wu paragraph 0084-0085, figure 3a, label 302a – The UE begins a conditional handover from the first to the second MN based on the first MN as part of the first command. Paragraph 0085-0095 - The conditional handover may require certain numerical or empirical conditions to be met by the UE following the completion of the handover)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the RRC and handover procedure for switch gap teachings of Wu. The purpose of doing so is to implement the conditional handover by initiating a reconfiguration of the UE based on the configuration requirements while allowing the UE to cancel the conditional mobility procedure if it is not necessary or not functionally working (paragraphs 0015-0017).
Regarding claim 10, Wang teaches,
[transmit, to the other BS of the first network, a handover request message] comprising the switch gap configuration; and (paragraph 0084-0085, figure 3a, label 306A – The first base station sends the conditional handover request to the second base station.) (Wang, paragraph 0049 – The TDM pattern is referred to as a switch gap).
[receive, from the other BS in response to the handover request message, a handover request acknowledgment message comprising the first command and the] second command. (Wang, paragraph 0049 – The TDM pattern is referred to as a switch gap. Paragraphs 0053-0063 – The TDM pattern is transmitted by the first network device to the UE as part of the handover procedure as a second command).
Wang fails to teach,
The switch gap configuration,
The handover request comprising the second command.
Wu teaches,
The BS of claim 9, the at least one processor further configured to execute the computer-executable instructions to:
transmit, to the other BS of the first network, a handover request message comprising the [switch gap configuration]; and (paragraph 0084-0085, figure 3a, label 306A – The first base station sends the conditional handover request to the second base station.)
receive, from the other BS in response to the handover request message, a handover request acknowledgment message comprising the first command [and the second command]. (Wu paragraph 0084-0085, figure 3a, label 302a – The UE begins a conditional handover from the first to the second MN based on the first MN which is the first command). (paragraph 0085, figure 3A, label 306A – The other BS sends an acknowledgment.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the RRC and handover procedure for switch gap teachings of Wu. The purpose of doing so is to implement the conditional handover by initiating a reconfiguration of the UE based on the configuration requirements while allowing the UE to cancel the conditional mobility procedure if it is not necessary or not functionally working (paragraphs 0015-0017).
Regarding claim 11, Wang fails to teach,
The BS of claim 10, wherein the handover request message further comprises at least one of:
a throughput value indicating a data throughput between the BS and the UE; a BS buffer value indicating an amount of downlink (DL) data buffered at the BS for the UE; or a UE buffer value indicating an amount of uplink (UL) data buffered at the UE for the BS.
Wu teaches,
The BS of claim 10, wherein the handover request message further comprises at least one of:
a throughput value indicating a data throughput between the BS and the UE; a BS buffer value indicating an amount of downlink (DL) data buffered at the BS for the UE; or a UE buffer value indicating an amount of uplink (UL) data buffered at the UE for the BS. (Wu - paragraph 0089, figure 3A, label 316A – The UE sends to the BS a threshold data rate for some applications of the UE (data throughput). Examiner note: The presence of “or” indicates only one of the aspects of the claims needs to apply.
Regarding claim 12, Wang teaches,
The BS of claim 10, wherein the handover request acknowledgment message comprises an RRCReconfiguration message comprising the [first command] and the second command. (Wang, paragraph 0049 – The TDM pattern is referred to as a switch gap. Paragraphs 0053-0063 – The TDM pattern is transmitted by the first network device to the UE as part of the handover procedure as a second command).
Wang fails to teach,
The RRCReconfiguration message comprising the first command.
Wu teaches,
The BS of claim 10, wherein the handover request acknowledgment message comprises an RRCReconfiguration message comprising the first command and the [second command].
(Wu paragraph 0084-0085, figure 3a, label 302a – The UE begins a conditional handover from the first to the second MN based on the first MN which is the first command).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the RRC and handover procedure for switch gap teachings of Wu. The purpose of doing so is to implement the conditional handover by initiating a reconfiguration of the UE based on the configuration requirements while allowing the UE to cancel the conditional mobility procedure if it is not necessary or not functionally working (paragraphs 0015-0017).
Regarding claim 14, Wang teaches,
the second command indicating whether usage of the switch gap con-figuration by the UE is to be suspended following completion of the handover procedure (Wang, paragraph 0049 – The TDM pattern is referred to as a switch gap. Paragraphs 0053-0063 – The TDM pattern is transmitted by the first network device to the UE as part of the handover procedure as a second command).
Wang fails to teach,
receive, from another BS of the first network, a handover request message for a user equipment (UE), the handover request message comprising a switch gap configuration that specifies at least one time period during which the UE receives transmissions from a BS of a second network;
generate a first RRC reconfiguration message comprising a first command and a second command, the first command instructing the UE to begin a handover procedure from the other BS of the first network to the BS of the first network, and [the second command indicating whether usage of the switch gap con-figuration by the UE is to be suspended following completion of the handover procedure]; and
transmit, to the other BS, a handover request acknowledgment message comprising the first RRC reconfiguration message.
Wu teaches,
A base station (BS) of a first network, the BS comprising:
one or more non-transitory computer-readable media having computer- executable instructions embodied thereon; and (Figure 11, paragraph 0126, 0127 – The device to include a base station has a processor, and executes instructions)
at least one processor coupled to the one or more non-transitory computer-readable media and configured to execute the computer-ex-ecutable instructions to: (Figure 11, paragraph 0126, 0127 – The device to include a base station has a processor, and executes instructions)
receive, from another BS of the first network, a handover request message for a user equipment (UE), the handover request message comprising a switch gap configuration that specifies at least one time period during which the UE receives transmissions from a BS of a second network; (paragraph 0084-0085, figure 3a, label 306A – The first base station sends the conditional handover request to the second base station which contains a transmission from the UE.)
generate a first RRC reconfiguration message comprising a first command and a second command, the first command instructing the UE to begin a handover procedure from the other BS of the first network to the BS of the first network, and [the second command indicating whether usage of the switch gap con-figuration by the UE is to be suspended following completion of the handover procedure]; and (paragraph 0084-0085, figure 3a, label 302a – The UE begins a conditional handover from the first to the second MN based on the first MN which is the first command). (paragraph 0085, figure 3A, label 306A – The other BS sends an acknowledgment.)
transmit, to the other BS, a handover request acknowledgment message comprising the first RRC reconfiguration message. (Wu paragraph 0084-0085, figure 3a, label 302a – The UE begins a conditional handover from the first to the second MN based on the first MN which is the first command).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the RRC and handover procedure for switch gap teachings of Wu. The purpose of doing so is to implement the conditional handover by initiating a reconfiguration of the UE based on the configuration requirements while allowing the UE to cancel the conditional mobility procedure if it is not necessary or not functionally working (paragraphs 0015-0017).
Regarding claim 15, Wang fails to teach,
The BS of claim 14, the at least one processor further configured to execute the computer-executable instructions to:
generate a second RRC reconfiguration message comprising a third command to resume usage of the switch gap configuration by the UE; and
transmit, to the UE, the second RRC reconfiguration message.
Wu teaches,
The BS of claim 14, the at least one processor further configured to execute the computer-executable instructions to:
generate a second RRC reconfiguration message comprising a third command to resume usage of the switch gap configuration by the UE; and (Wu paragraph 0105, Figure 3A, label 322A – The third command includes a RRC reconfiguration message from the second BS of the network)
transmit, to the UE, the second RRC reconfiguration message. (paragraph 0105 – Figure 3A, label 324A, the second RRC configuration is transmitted to the UE.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the RRC and handover procedure for switch gap teachings of Wu. The purpose of doing so is to implement the conditional handover by initiating a reconfiguration of the UE based on the configuration requirements while allowing the UE to cancel the conditional mobility procedure if it is not necessary or not functionally working (paragraphs 0015-0017).
Claims 2-4, 6, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Wu and further in view of Paladuga et al. (US 20190253945 A1) hereinafter Paladuga.
Regarding claim 2, Wu and Wang fail to teach,
The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:
while suspending the reception of transmissions from the BS of the second network, receive a second RRC reconfiguration message from the second BS of the first network, the second RRC reconfiguration message comprising a third command to resume the reception of trans- missions from the BS of the second network; and (Wu paragraph 0105, Figure 3A, label 324A – The third command includes a RRC reconfiguration message from the second BS of the network)
Wu and Wang fail to teach,
in response to receiving the second RRC reconfiguration message, resume the reception of transmissions from the BS of the second network
Paladuga teaches,
in response to receiving the second RRC reconfiguration message, resume the reception of transmissions from the BS of the second network. (Paladuga paragraph 0150, figure 12b, label 1244 – An additional RRC reconfiguration occurs after the second RRC reconfiguration message)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu and Wang to incorporate the reception of transmissions teachings of Paladuga. The purpose of doing so is to implement internal path switching for the C-CU (paragraphs 0145-0150).
Regarding claim 3, Wang teaches,
The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:
when the second command suspends continued usage of the switch gap configuration following the completion of the handover procedure, [initiate a timer]; and (Wang paragraph 0066, figure 2, label 280’ – The terminal device may stop the TDM pattern for transmitting to the second network device after the completion of the handover procedure.)
Wang fails to teach,
The initiation of a timer.
Wu teaches,
when the second command suspends continued usage of the switch gap configuration following the completion of the handover procedure, initiate a timer; and (Wu, Paragraph 0100 – The UE starts or restarts the prohibit timer after the completion of the handover (label 320A) which is during the switch gap configuration).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the timer teachings of Wu. The purpose of doing so is to prohibit the UE from transmitting the UE information to the base station (paragraph 0096).
Wu and Wang fail to teach,
when the timer expires before receiving a second RRC reconfiguration message comprising a third command to resume the reception of trans- missions from the BS of the second network, remove the switch gap configuration.
Paladuga teaches,
when the timer expires before receiving a second RRC reconfiguration message comprising a third command to resume the reception of trans- missions from the BS of the second network, remove the switch gap configuration. (Paladugu - paragraph 0205-0207 – upon the timer expiring the source BS connection may be ended and the handover is completed before receiving the RRC configuration).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang and Wu to incorporate the resumption of transmissions upon the expiration of a timer teachings of Paladuga. The purpose of doing so is to end the transmissions after a backhaul delay period (paragraph 0223).
Regarding claim 4, Wu and Wang fail to teach,
The UE of claim 1, wherein the at least one processor is further configured to execute the computer-executable instructions to:
where the second command disables suspension of continued usage of the switch gap configuration, continue to receive transmissions from the BS of the second network following the completion of the handover procedure.
Paladuga teaches,
where the second command disables suspension of continued usage of the switch gap configuration, continue to receive transmissions from the BS of the second network following the completion of the handover procedure. (Paladugu paragraph 0207 – The UE continues the connection with the second BS (target BS) and may be a uplink/downlink bearer following the completion of the handover. 0206 - The data may come from both the source and target in the form of redundant downlink data).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang and Wu to incorporate the continued reception of transmissions teachings of Paladuga. The purpose of doing so is to reduce latency and enable seamless/lossless handover of the UE (paragraph 0207).
Regarding claim 6, Wu and Wang fail to teach,
The UE of claim 5, wherein the second command comprises a switch-SuspendCommand comprising an enumerated value indicating whether to suspend or resume receiving transmissions from the BS of the second network.
Paladuga teaches,
The UE of claim 5, wherein the second command comprises a switch-SuspendCommand comprising an enumerated value indicating whether to suspend or resume receiving transmissions from the BS of the second network. (Paladugu paragraph 0205 – The buffer of the source BS indicates when the target base station should resume receiving transmissions following the completion of the handover.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang and Wu to incorporate the enumerated value of whether to suspend transmissions teachings of Paladuga. The purpose of doing so is to keep transmitting using an RLC buffer which helps to prevent data loss in case of connection loss or errors. (paragraph 0223-0225).
Regarding claim 7, Wu and Wang fails to teach,
The UE of claim 6, wherein the RRCReconfiguration message comprises an OtherConfig information element (IE) comprising the switchSuspendCommand.
Paladuga teaches,
The UE of claim 6, wherein the RRCReconfiguration message comprises an OtherConfig information element (IE) comprising the switchSuspendCommand. (Paladugu paragraph 0097 – The RRCReconfiguration message has information identifying the target BS and information regarding the handover configuration.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang and Wu to incorporate the IE teachings of Paladugu. The purpose of doing so is to determine the UE compatibility with the base station and exchange user data via uplink or downlink methods.
Regarding claim 13, Wang and Wu fail to teach,
The BS of claim 12, wherein the RRCReconfiguration message comprises an OtherConfig in- formation element (IE) comprising a switchSuspendCommand.
Paladuga teaches,
The BS of claim 12, wherein the RRCReconfiguration message comprises an OtherConfig in- formation element (IE) comprising a switchSuspendCommand. (Paladugu paragraph 0097 – The RRCReconfiguration message has information identifying the target BS and information regarding the handover configuration.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang and Wu to incorporate the IE teachings of Paladugu. The purpose of doing so is to determine the UE compatibility with the base station and exchange user data via uplink or downlink methods.
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/RYAN ALEXANDER CRIGLER/ Examiner, Art Unit 2472
/NICHOLAS A JENSEN/ Supervisory Patent Examiner, Art Unit 2472
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