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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted was filed after the mailing date. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Regarding claim 11, Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
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.
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Claim 11, 50-51 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of copending Application No. 18717526 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 11 of Instant Application
Claim 6 of Reference Application
A method performed by a Radio Access Network (RAN) node configured to operate as a source Secondary Node (SN) associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the method comprising: sending a control message to a Master Node (MN) of the dual connectivity, wherein the control message indicates one or more candidate Primary Secondary Cell Group (SCG) Cells (PSCells) recommended by the source SN for a first conditional PSCell change for the UE, and the control message indicates that a mode of operation is recommended in which configurations of the one or more candidate PSCells to be provided to the UE for the first PSCell change are reused by the UE for a subsequent conditional PSCell change after the first PSCell change.
A method performed by a Radio Access Network (RAN) node configured to operate as a Secondary Node (SN) associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the method comprising: transmitting to the UE, via a Master Node (MN) or via a direct signaling radio bearer between the SN and the UE, a first SN Radio Resource Control (RRC) message containing configurations of a plurality of candidate Primary Secondary Cell Group (SCG) Cells (PSCells) for a first conditional PSCell change, wherein the first SN RRC message indicates that a mode of operation is applied, requested, recommended, or available in which a configuration of at least one candidate PSCell not selected in the first conditional PSCell change is to be reused by the UE for a subsequent second conditional PSCell change.
As shown, claim 6 of Reference Application teaches SN sending PSCell information and the recommendation to reuse or maintain the configuration of the PSCells to the MN.
Claim 50 rejected based on claim 42 of the reference application.
Claim 51 rejected based on claim 6 of the reference application.
Claim 15, 52-53 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of copending Application No. 18717526 (reference application) in view of Zhang et al. (“Zhang”) (US 20230413153 A1). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 15 of Instant Application
Claim 6 of Reference Application
A method performed by a Radio Access Network (RAN) node configured to operate as a candidate Secondary Node (SN) associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the method comprising:
A method performed by a Radio Access Network (RAN) node configured to operate as a Secondary Node (SN) associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the method comprising: transmitting to the UE, via a Master Node (MN) or via a direct signaling radio bearer between the SN and the UE, a first SN Radio Resource Control (RRC) message containing configurations of a plurality of candidate Primary Secondary Cell Group (SCG) Cells (PSCells) for a first conditional PSCell change, wherein the first SN RRC message indicates that a mode of operation is applied, requested, recommended, or available in which a configuration of at least one candidate PSCell not selected in the first conditional PSCell change is to be reused by the UE for a subsequent second conditional PSCell change.
As shown, claim 6 of Reference Application teaches SN sending PSCell information and the recommendation to reuse or maintain the configuration of the PSCells to the MN.
Claim 6 of the reference application does not teach receiving a request from MN, however Zhang teaches receiving a first control message from a Master Node (MN) of the dual connectivity [¶0057, MN sends SN addition to candidate secondary node T-SN1].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the request as in Zhang who teaches ¶0042 “To reduce interruption time and improve mobility reliability during a SN change or SN addition.”
Claim 52 rejected based on claim 44 of the reference application in view of Zhang.
Regarding claim 53, claim 6 of the reference application does not teach acknowledge, however Zhang teaches wherein the first control message is an SN Addition Request message and the second control message is an SN Addition Request Acknowledge message [Zhang, ¶0046, Figure 4A, 404, MN sends addition request, Figure 4A 404 is acknowledge].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the request as in Zhang who teaches ¶0042 “To reduce interruption time and improve mobility reliability during a SN change or SN addition.”
Claim 31 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 18717526 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 31 of Instant Application
Claim 13 of Reference Application
A method performed by a User Equipment (UE), the method comprising: receiving, from a Master Node (MN), configurations of a plurality of candidate Primary Secondary Cell Group (SCG) Cells (PSCells) for a first conditional mobility with addition or change of a PSCeII for the UE; if an execution condition for one of the plurality of candidate PSCells is met, applying the configuration corresponding to the one candidate PSCell; and selectively maintaining, for a subsequent conditional PSCell change after the first conditional mobility, the configurations of one or more candidate PSCells among the plurality of candidate PSCells other than the one candidate PSCell, as specified by the MN or one or more candidate Secondary Nodes (SNs).
A method performed by a User Equipment (UE), the method comprising: receiving, via a Master Node (MN) or via a direct signaling radio bearer between the UE and a Secondary Node (SN), a first SN Radio Resource Control (RRC) message containing configurations of a plurality of candidate Primary Secondary Cell Group (SCG) Cells (PSCells) for a first conditional PSCell change; if an execution condition is satisfied for one of the plurality of candidate PSCells, applying a configuration corresponding to the one candidate PSCell for which the execution condition has been satisfied; and if the first SN RRC indicates that a mode of operation is applied, requested, recommended, or available in which a configuration of at least one candidate PSCell not selected in the first conditional PSCell change is to be reused by the UE for a subsequent second conditional PSCell change, maintaining the configuration of the at least one candidate PSCell for use in the second conditional PSCell change.
As shown, claim 31 of Reference Application teaches UE receiving PSCell information, which are to be reused by the UE.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 11, 50-51 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (“Li”) (US 20250133468 A1).
Regarding claim 11, Li teaches:
A method performed by a Radio Access Network (RAN) node configured to operate as a source Secondary Node (SN) associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE) [¶0295 SN], the method comprising: sending a control message to a Master Node (MN) of the dual connectivity, wherein the control message indicates one or more candidate Primary Secondary Cell Group (SCG) Cells (PSCells) recommended by the source SN for a first conditional PSCell change for the UE [¶0295 change required message sent to MN with PSCell information], and the control message indicates that a mode of operation is recommended in which configurations of the one or more candidate PSCells to be provided to the UE for the first PSCell change are reused by the UE for a subsequent conditional PSCell change after the first PSCell change [¶0295 indicate the configuration of PSCells are to be kept].
Regarding claim 50, Li teaches:
The method according to claim 11, further comprising determining whether the configurations of the one or more candidate PSCells are to be maintained by the UE for the subsequent conditional PSCeII change [¶0295, determines as SN indicates the configurations are to be kept].
Regarding claim 51, Li teaches:
The method according to claim 11, wherein the control message is an SN Change Required message [¶0295 change required message sent to MN with PSCell information].
Claim(s) 31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (“Zhang”) (US 20230413153 A1).
Regarding claim 31, Zhang teaches:
A method performed by a User Equipment (UE) [¶0101, UE Figure 7B], the method comprising: receiving, from a Master Node (MN), configurations of a plurality of candidate Primary Secondary Cell Group (SCG) Cells (PSCells) for a first conditional mobility with addition or change of a PSCeII for the UE [¶0101, receive RRCReconfiguration message, containing CPAC candidate cells, including PSCells ¶0102]; if an execution condition for one of the plurality of candidate PSCells is met, applying the configuration corresponding to the one candidate PSCell [¶0101-102, apply configuration when condition met, synchronize to PSCell]; and selectively maintaining, for a subsequent conditional PSCell change after the first conditional mobility, the configurations of one or more candidate PSCells among the plurality of candidate PSCells other than the one candidate PSCell, as specified by the MN or one or more candidate Secondary Nodes (SNs) [¶0101 “ In the reconfiguration message, the MN may indicate which candidate cells and/or execution conditions can be maintained after completion/execution of CPAC to the target cell.”].
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.
Claim(s) 6, 15, 46-47, 52-53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (“Zhang”) (US 20230413153 A1) in view of Xu et al. (“Xu”) (US 20210051534 A1).
Regarding claim 6, Zhang teaches:
A method performed by a Radio Access Network (RAN) node configured to operate as a Master Node (MN) associated with a Master Cell Group (MCG) in dual connectivity for a User Equipment (UE) [Figure 4A, MN 402, with SN in MCG/SCG dual connectivity ¶0030], the method comprising: sending a control message to a candidate Secondary Node (SN), wherein the control message indicates that for a first conditional mobility with addition or change of a primary secondary cell group (SCG) cell (PSCell) for the UE [¶0057, MN sends SN addition request to candidate secondary node T-SN1], one or more candidate PSCells are to be prepared by the candidate SN [¶0057 “this message may include the candidate PSCell identification information (suggested candidate) suggested by the source SN, the measurement results related to the target SN and/or a CPAC indication to indicate this is a conditional based procedure”].
Zhang teaches sending the request but not indicating that the configuration is reused.
Xu teaches and the control message indicates that a mode of operation is recommended in which configurations of the one or more candidate PSCells to be provided to the UE for the first conditional mobility are reused by the UE for a subsequent conditional PSCell change after the first conditional mobility [¶0105, step 1512 Figure 15, cell#1 being the MN sends to other cells, “The conditional handover requests may indicate the suggested candidate cells (e.g., the first cell 1504, the second cell 1506, and the third cell 1508) for potential further conditional handover(s)” thus indicating for further handover means reused, see also ¶0087 UE may be connected in dual connectivity to primary and secondary cells, wherein NW Cell#1 1504 in Figure 15 is MN].
It would have been obvious to one of ordinary skill in the art before the effective filing date to specify the configured cells for PSCell changes as in Zhang may be indicated as being reused as in Xu. Zhang teaches handovers for PSCells, and it would have been obvious to modify with Xu who teaches a method that may be applied to SCG handovers as in ¶0087 for storing configuration information as in ¶0069 “may reduce the likelihood that handover failure occurs after performing a conditional handover due to a short stay on the target cell of the conditional handover before wireless medium conditions degrade and a further handover is needed.”
Regarding claim 15, Zhang teaches:
A method performed by a Radio Access Network (RAN) node configured to operate as a candidate Secondary Node (SN) associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE) [Zhang, Figure 4A, t-SN1, ¶0046], the method comprising:
receiving a first control message from a Master Node (MN) of the dual connectivity [¶0046, MN sends addition request to T-SN1]; and sending a second control message to the MN in response to the first control message, wherein the first control message indicates that for a first conditional mobility with addition or change of a primary secondary cell group (SCG) cell (PSCeII) for the UE, one or more candidate PSCells are to be prepared [¶0046, 406, PSCell configuration and selected PSCells are sent back, pertaining to conditional handover].
Zhang teaches sending the request but not indicating that the configuration is reused.
Xu teaches the second control message indicates at least one candidate PSCeII prepared by the candidate SN among the one or more candidate PSCells, and the second control message indicates that a mode of operation is recommended in which a configuration of the at least one candidate PSCeII to be provided to the UE for the first conditional mobility is reused by the UE for a subsequent conditional PSCeII change after the first conditional mobility [¶0105 “In 1518, the third cell 1508 may provide a conditional handover request acknowledgement to the first cell 1504 (that send control information). The acknowledgement may include […] conditional handover conditions for performing handover from the third cell 1508 to the first cell 1504 and to the second cell 1506” which are for consecutive handovers ¶0103, ¶0106, these other handover configurations for handover that may occur after i.e. reused, considered a mode of operation recommended as configuration for further handovers are sent back, see further ¶0087 where this may apply to secondary cell handovers].
It would have been obvious to one of ordinary skill in the art before the effective filing date to specify the configured cells for PSCell changes as in Zhang may be indicated as being reused as in Xu. Zhang teaches handovers for PSCells, and it would have been obvious to modify with Xu who teaches a method that may be applied to SCG handovers as in ¶0087 for storing configuration information as in ¶0069 “may reduce the likelihood that handover failure occurs after performing a conditional handover due to a short stay on the target cell of the conditional handover before wireless medium conditions degrade and a further handover is needed.”
Regarding claim 46, Zhang-Xu teaches:
The method according to claim 6, further comprising determining whether the configurations of the one or more candidate PSCells are to be maintained by the UE for the subsequent conditional PSCell change [Zhang [¶0101 “ In the reconfiguration message, the MN may indicate which candidate cells and/or execution conditions can be maintained after completion/execution of CPAC to the target cell.” Thus MN determines maintaining cells].
Regarding claim 47, Zhang-Xu teaches:
The method according to claim 6, wherein the control message is an SN Addition Request message [Zhang, ¶0046, Figure 4A, 404, MN sends addition request].
Regarding claim 52, Zhang-Xu teaches:
The method according to claim 15.
Zhang teaches requesting PSCell information from SN but not determining PSCell configuration is to be maintained.
Xu teaches wherein further comprising determining whether the configuration of the at least one candidate PSCeII is to be maintained by the UE for the subsequent conditional PSCeII change [¶0105, step 1512 Figure 15, cell#1 being the MN sends to other cells, including SN, “The conditional handover requests may indicate the suggested candidate cells (e.g., the first cell 1504, the second cell 1506, and the third cell 1508) for potential further conditional handover(s)” thus indicating configuration is to be maintained].
It would have been obvious to one of ordinary skill in the art before the effective filing date to specify the configured cells for PSCell changes as in Zhang may be indicated as being maintained as in Xu. Zhang teaches handovers for PSCells, and it would have been obvious to modify with Xu who teaches a method that may be applied to SCG handovers as in ¶0087 for storing configuration information as in ¶0069 “may reduce the likelihood that handover failure occurs after performing a conditional handover due to a short stay on the target cell of the conditional handover before wireless medium conditions degrade and a further handover is needed.”
Regarding claim 53, Zhang-Xu teaches:
The method according to claim 15, wherein the first control message is an SN Addition Request message and the second control message is an SN Addition Request Acknowledge message [Zhang, ¶0046, Figure 4A, 404, MN sends addition request, Figure 4A 404 is acknowledge].
Allowable Subject Matter
Claim 48-49 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L. VOGEL whose telephone number is (303)297-4322. The examiner can normally be reached Monday-Friday 8AM-4:30 PM MT.
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/JAY L VOGEL/Primary Examiner, Art Unit 2478
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