CTNF 18/709,895 CTNF 80192 DETAILED ACTION The preliminary amendment filed 5/14/2024 is acknowledged and has been entered. Claims 44-67 are pending and examined herein. The Examiner recommends filing a written authorization for Internet communication in response to the present action. Doing so permits the USPTO to communicate with Applicant using Internet email to schedule interviews or discuss other aspects of the application. Without a written authorization in place, the USPTO cannot respond to Internet correspondence received from Applicant. The preferred method of providing authorization is by filing form PTO/SB/439, available at: https://www.uspto.gov/PatentForms. See MPEP § 502.03 for other methods of providing written authorization. In the interest of expedited prosecution, the Examiner recommends conducting an interview prior to filing a response to the present Office action. The Examiner feels that an interview would help foster a mutual understanding of the respective positions of Applicant and the Examiner, and assist in the identification of allowable subject matter and/or issues for appeal. If Applicant agrees that an interview would be beneficial, he/she is encouraged to contact the Examiner to schedule one. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 49 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 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-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 49 recites the limitation "the at least part of the configuration for the RCG that was determined by the UE" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. It appears this is referring to the determining step in claim 46, which itself refers to the determining step of claim 44. While claim 44 is directed to a “method for a UE configured to communicate with a RAN,”, claim 44 fails to specify that the determining step is performed by the UE . The Examiner recommends clarifying claim 44 to explicitly indicate that the UE contains structural components configured to perform the steps or otherwise explicitly indicate whether the UE is the element that performs the steps of claim 44. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 44-46, 48, 49, 55, 56, 58, 59, 63-65, and 67 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Zhang et al. (US 2021/0195651) . With regard to claim 44, Zhang discloses a method for a user equipment (UE) (e.g., cellular phone, laptop, or IoT device)(¶45) configured to communicate with a radio access network (RAN)(UE communicates with RAN)(¶30-35) via a plurality of serving cells (e.g., primary and secondary cells)(¶67), the method comprising: determining a reference cell group (RCG) (primary and secondary cell groups collectively form a reference cell group)(¶67) from the plurality of serving cells, wherein the RCG includes the following: one of the serving cells as a reference cell (RC) (PCell 504 is the primary cell of the primary cell group)(¶67), and one or more other of the serving cells as auxiliary cells (PSCell is the primary cell of the secondary cell group)(¶67); receiving a first reference signal (RS) from the RC (PCell sends the UE a configuration 501)(¶67), wherein the first RS is not received by the UE from the one or more auxiliary cells (the configuration comes only from the PCell)(¶67; Fig. 5); and performing one or more operations in the one or more auxiliary cells based on the first RS received from the RC (the UE uses the configuration to measure synchronization signals from the PSCell and also perform a process to ultimately transition the UE and PSCell to a CSI-RS based refined beam operation)(¶67-69); Fig. 5). With regard to claim 45, Zhang further discloses that performing the one or more operations comprises one or more of the following: synchronizing with the one or more auxiliary cells based on the first RS (synchronization signals are measured during specific windows)(¶67); performing measurements on the one or more auxiliary cells based on the first RS (L3 measurements are performed on synchronization signals from the PSCell)(¶67); and transmitting and/or receiving signals in the one or more auxiliary cells based on the first RS (UE performs a random access procedure including a message exchange process based on the UE configuration)(¶68). With regard to claim 46, Zhang further discloses that determining the RCG comprises one or more of the following: receiving at least part of a configuration for the RCG from a RAN node that provides at least one of the serving cells (PSCell RACH configuration is received from the PCell)(¶67), wherein the received at least part of the configuration includes one or more of the following: an identifier of the RC; respective identifiers of the one or more auxiliary cells (the RACH configuration is specifically for the PSCell)(¶67); respective identifiers of the serving cells comprising the RCG; and an identifier of the RCG; and determining at least part of the configuration for the RCG based on one or more of the following: one or more UE capabilities, and one or more rules for selecting serving cells comprising an RCG (addition of the PSCell is based upon the L3 beam report generated by the UE)(¶67). With regard to claim 48, Zhang further discloses that the rules include the following: one or more of the following criteria for selecting the serving cells comprising the RCG: on adjacent carrier frequencies; on non-adjacent carrier frequencies; having the same bandwidth; having different bandwidths that meet one or more bandwidth criteria; using the same numerology or sub-carrier spacing, SCS; using different numerologies or SCS that meet one or more numerology or SCS criteria; in the same frequency band; in different frequency bands that meet one or more band criteria; in the same frequency range, FR; in different FRs that meet one or more range criteria; provided from the same physical location or being quasi-co-located, QCL; having the same or similar sizes; one or more serving cell timing relationships; one or more relationships between serving cell transmission power; support for common beam management (addition of the PSCell is based upon the L3 beam report generated by the UE)(¶67).; being part of the same multi-connectivity cell group; and using the same or different duplexing modes; and one or more of the following criteria for selecting the RC for the RCG: a default serving cell (the PCell operates as the primary cell of the primary cell group)(¶67); a serving cell having a maximum UE received signal strength or quality; a serving cell having a UE received signal strength or quality above a threshold; RS transmission configuration of the serving cells; and a relationship among carrier frequencies or frequency bands of the serving cells. With regard to claim 49, as best understood by the examiner in light of the rejection under 25 U.S.C. 112 set forth above, Zhang further discloses sending, to the RAN node, information identifying the at least part of the configuration for the RCG that was determined by the UE, wherein the information sent to the RAN node includes one or more of the following: an identifier of the RC; respective identifiers of the one or more auxiliary cells (an identifier of the PCell is necessarily included in the L3 beam report sent to the PCell)(¶67); respective identifiers of the serving cells comprising the RCG; and an identifier of the RCG. With regard to claim 55, Zhang discloses a method for a radio access network (RAN) node configured to communicate with a user equipment (UE) (UE communicates with RAN)(¶30-35) via a plurality of serving cells (e.g., primary and secondary cells)(¶67), the method comprising: determining a reference cell group (RCG) (primary and secondary cell groups collectively form a reference cell group)(¶67) for the UE, wherein the RCG comprises one of the serving cells as a reference cell (RC) (PCell 504 is the primary cell of the primary cell group)(¶67), and one or more other of the serving cells as auxiliary cells (PSCell is the primary cell of the secondary cell group)(¶67); and causing a first reference signal (RS) to be transmitted in the RC (PCell sends the UE a configuration 501)(¶67) but not in any of the auxiliary cells (the configuration comes only from the PCell)(¶67; Fig. 5). With regard to claim 56, Zhang further discloses determining the RCG comprises one or more of the following: receiving at least part of a configuration for the RCG from the UE, wherein the received at least part of the configuration includes one or more of the following: an identifier of the RC, respective identifiers of the one or more auxiliary cells (UE sends L3 beam reports about the PSCell)(¶67), respective identifiers of the serving cells comprising the RCG, and an identifier of the RCG; and determining at least part of the configuration for the RCG based on one or more of the following: one or more UE capabilities, and one or more rules for selecting serving cells comprising an RCG (addition of the PSCell is based upon the L3 beam report generated by the UE)(¶67). With regard to claim 58, Zhang further discloses that the rules include the following: one or more of the following criteria for selecting the serving cells comprising the RCG: on adjacent carrier frequencies; on non-adjacent carrier frequencies; having the same bandwidth; having different bandwidths that meet one or more bandwidth criteria; using the same numerology or sub-carrier spacing, SCS; using different numerologies or SCS that meet one or more numerology or SCS criteria; in the same frequency band; in different frequency bands that meet one or more band criteria; in the same frequency range, FR; in different FRs that meet one or more range criteria; provided from the same physical location or being quasi-co-located, QCL; having the same or similar sizes; one or more serving cell timing relationships; one or more relationships between serving cell transmission power; support for common beam management (addition of the PSCell is based upon the L3 beam report generated by the UE)(¶67).; being part of the same multi-connectivity cell group; and using the same or different duplexing modes; and one or more of the following criteria for selecting the RC for the RCG: a default serving cell (the PCell operates as the primary cell of the primary cell group)(¶67); a serving cell having a maximum UE received signal strength or quality; a serving cell having a UE received signal strength or quality above a threshold; RS transmission configuration of the serving cells; and a relationship among carrier frequencies or frequency bands of the serving cells. With regard to claim 59, Zhang further discloses sending, to the UE, information identifying the at least part of the configuration for the RCG that was determined by the RAN node, wherein the information sent to the UE includes one or more of the following: an identifier of the RC; respective identifiers of the one or more auxiliary cells (the RAN node sends the UE a PSCell RACH configuration that identifies the PSCell)(¶67); respective identifiers of the serving cells comprising the RCG; and an identifier of the RCG. With regard to claim 63, Zhang discloses a user equipment (UE) (e.g., cellular phone, laptop, or IoT device)(¶45) configured to communicate with a radio access network (RAN) (UE communicates with RAN)(¶30-35) via a plurality of serving cells(e.g., primary and secondary cells)(¶67), the UE comprising: communication interface circuitry configured to communicate with the RAN (UE may communicate via various wireless communication means)(¶35-36); and processing circuitry operatively coupled to the communication interface circuitry, wherein the processing circuitry and the communication interface circuitry are configured to: determine a reference cell group (RCG) (primary and secondary cell groups collectively form a reference cell group)(¶67) from the plurality of serving cells, wherein the RCG includes the following: one of the serving cells as a reference cell (RC) (PCell 504 is the primary cell of the primary cell group)(¶67), and one or more other of the serving cells as auxiliary cells (PSCell is the primary cell of the secondary cell group)(¶67); receive a first reference signal (RS) from the RC (PCell sends the UE a configuration 501)(¶67), wherein the first RS is not received by the UE from the one or more auxiliary cells (the configuration comes only from the PCell)(¶67; Fig. 5); and perform one or more operations in the one or more auxiliary cells based on the first RS received from the RC (the UE uses the configuration to measure synchronization signals from the PSCell and also perform a process to ultimately transition the UE and PSCell to a CSI-RS based refined beam operation)(¶67-69); Fig. 5). With regard to claim 64, Zhang further discloses that the one or more operations that the processing circuitry and the communication interface circuitry are configured to perform in the one or more auxiliary cells include one or more of the following: synchronizing with the one or more auxiliary cells based on the first RS (synchronization signals are measured during specific windows)(¶67); performing measurements on the one or more auxiliary cells based on the first RS (L3 measurements are performed on synchronization signals from the PSCell)(¶67); and transmitting and/or receiving signals in the one or more auxiliary cells based on the first RS (UE performs a random access procedure including a message exchange process based on the UE configuration)(¶68). With regard to claim 65, Zhang further discloses that the processing circuitry and the communication interface circuitry are configured to determine the RCG based on one or more of the following: receiving at least part of a configuration for the RCG from a RAN node that provides at least one of the serving cells (PSCell RACH configuration is received from the PCell)(¶67), wherein the received at least part of the configuration includes one or more of the following: an identifier of the RC; respective identifiers of the one or more auxiliary cells (the RACH configuration is specifically for the PSCell)(¶67); respective identifiers of the serving cells comprising the RCG; and an identifier of the RCG; and determining at least part of the configuration for the RCG based on one or more of the following: one or more UE capabilities, and one or more rules for selecting serving cells comprising an RCG (addition of the PSCell is based upon the L3 beam report generated by the UE)(¶67). With regard to claim 67, Zhang discloses a radio access network (RAN) node configured to communicate with a user equipment (UE) (UE communicates with RAN)(¶30-35) via a plurality of serving cells (e.g., primary and secondary cells)(¶67), the RAN node comprising: communication interface circuitry configured to communicate with the UE (RAN and UE may communicate via various wireless communication means)(¶35-36); and processing circuitry operatively coupled to the communication interface circuitry, whereby the processing circuitry and the communication interface circuitry are configured to perform the method of claim 55 (see discussion of claim 55, above) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 50-52 and 60-62 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2021/0195651) in view of Linden et al. (US 2010/0162383) . With regard to claim 50, while the system disclosed by Zhang shows substantial features of the claimed invention (discussed above), it fails to specifically disclose selecting a new RC based on determining that the RC is invalid, wherein the new RC is selected from a list of candidate serving cells based on one or more of the following criteria: randomly; candidate serving cell having the lowest or highest index; and RS transmission configuration of the candidate serving cells. Linden discloses a similar computer networking system. Linden teaches determining a network device (e.g., cluster master, backup master, or worker)(¶110) is invalid (i.e., has failed), and selecting a new network device to assume the responsibilities of the invalid device (failover of an active device may occur in response to one or more failover conditions)(¶110). Linden further discloses that criteria for selection of the new network device may include randomly selecting the new network device (selection may be based on random selection)(¶112). Failover of network devices is generally known in the art and would have been an advantageous addition to the system disclosed by Zhang since it would have allowed a new reference cell to be selected and activated in the event the reference cell became invalid and preserved the operation of the system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select a new reference cell upon determining that the reference cell is invalid, such an when the device failed, and to use a known selection method such as random selection to choose the new reference cell. With regard to claim 51, Linden further discloses determining that the RC is invalid is based on one or more of the following: receiving a deactivation command for the RC (e.g., a configuration command to bring down the device)(¶110); expiration of a deactivation timer associated with the RC; RC remaining deactivated for at least a first duration; UE received signal strength or quality for the RC less than a threshold for at least a second duration; one or more UE radio link problems on the RC (e.g., communications interface failures)(¶110); difference between UE receive timing of signals from the RC and from at least one auxiliary cell exceeds a threshold; difference between UE transmit timing of signals to the RC and to at least one auxiliary cell exceeds a threshold; and when a number of downlink, DL, or uplink, UL, clear channel assessment, CCA, failures by the UE in the RC exceeds a threshold during a third duration. With regard to claim 52, Linden further discloses pausing communication with the auxiliary cells of the RCG in response to selecting the new RC; and resuming communication with the auxiliary cells after synchronizing with the new RCG (communications with the failed device may be transitioned to the replacement device)((¶114). With regard to claim 60, while the system disclosed by Zhang shows substantial features of the claimed invention (discussed above), it fails to specifically disclose selecting a new RC based on determining that the RC is invalid, wherein the selection is from a list of candidate serving cells based on one or more of the following criteria: randomly; candidate serving cell having the lowest or highest index; and RS transmission configuration of the candidate serving cells. Linden discloses a similar computer networking system. Linden teaches determining a network device (e.g., cluster master, backup master, or worker)(¶110) is invalid (i.e., has failed), and selecting a new network device to assume the responsibilities of the invalid device (failover of an active device may occur in response to one or more failover conditions)(¶110). Linden further discloses that criteria for selection of the new network device may include randomly selecting the new network device (selection may be based on random selection)(¶112). Failover of network devices is generally known in the art and would have been an advantageous addition to the system disclosed by Zhang since it would have allowed a new reference cell to be selected and activated in the event the reference cell became invalid and preserved the operation of the system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select a new reference cell upon determining that the reference cell is invalid, such an when the device failed, and to use a known selection method such as random selection to choose the new reference cell. With regard to claim 61, Linden further discloses determining that the RC is invalid is based on one or more of the following: sending the UE a deactivation command for the RC (e.g., a configuration command to bring down the device)(¶110); receiving from the UE an indication that the RC is deactivated; and the RC remaining deactivated for at least a first duration.. With regard to claim 62, Linden further discloses pausing communication with the auxiliary cells of the RCG in response to selecting the new RC; and resuming communication with the auxiliary cells after synchronizing with the new RCG (communications with the failed device may be transitioned to the replacement device)((¶114) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 47, 53, 54, 57, and 66 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example: Cheng (US 2023/0164867) discloses a similar system for performing identifying cell groups and establishing dual-connectivity with a master and secondary cell group (¶5-10). Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON N STRANGE whose telephone number is (571)272-3959. The examiner can normally be reached M-F 9:00-5:00. 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, Matthew Sked can be reached at 571-272-7627. 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. /AARON N STRANGE/Primary Examiner, Art Unit 6221 Application/Control Number: 18/709,895 Page 2 Art Unit: 6221 Application/Control Number: 18/709,895 Page 6 Art Unit: 6221 Application/Control Number: 18/709,895 Page 7 Art Unit: 6221 Application/Control Number: 18/709,895 Page 8 Art Unit: 6221 Application/Control Number: 18/709,895 Page 10 Art Unit: 6221 Application/Control Number: 18/709,895 Page 12 Art Unit: 6221 Application/Control Number: 18/709,895 Page 13 Art Unit: 6221 Application/Control Number: 18/709,895 Page 14 Art Unit: 6221 Application/Control Number: 18/709,895 Page 15 Art Unit: 6221
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