DETAILED ACTION
This is in response to US App. 18/734,848. Claims 1-20 have been examined.
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 . 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.
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)(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.
Claims 1-3, 9, 11-13, and 19 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Kwak et al. (US 2022/0167225; hereafter Kwak; included in IDS).
Regarding Claim 1,
A method for enhancing quality of calls in a wireless communication system, the method comprising:
receiving a new radio (NR) measurement setup from a network while connecting an IP multimedia subsystem (IMS)-based voice call with an external terminal [Kwak: 0075; the electronic device … may receive a radio resource control (RRC) reconfiguration message including a measurement object (MO), based on a first RAT in operation 401; 0076; the MO (measurement object) may include information associated with a frequency (or a cell (e.g., a cell for the first RAT and/or a cell for a second RAT) for which a user equipment (UE) is required to perform a measurement; the RRC reconfiguration message may include a reporting configuration, and for example, include a report condition to perform a measurement report (MR); 0081; one of the multi SIMs may be configured to be able to process a data packet (e.g., a packet associated with an Internet PDN), and another one may be configured to be able to process a voice packet (e.g., a packet associated with an IMS PDN)];
based on the network not supporting voice over new radio (VoNR) and supporting a standalone (SA) mode and a non-standalone (NSA) mode, determining whether a frequency set by the NR measurement setup is usable and determining a network type of the set frequency [Kwak: network type == SA or NSA; 0077; the electronic device 101 may identify that dual connectivity is restricted, in operation 403; 0079; the state where DC is restricted may correspond to a case where a current and/or predicted transmission and/or reception data rate of the electronic device 101 is equal to or less than a threshold data rate (e.g., 30 Mbps); the case where a current and/or predicted transmission and/or reception data rate is equal to or less than a threshold data rate may correspond to, for example, a case where VoIP (e.g., voice over LTE (VoLTE) or voice over NR (VoNR)) is running …; 0083; in a case where the electronic device 101 is in a DC restriction state, the electronic device 101 may determine whether at least one frequency based on the second RAT, which is identified based on the MO, satisfies a condition associated with an SA mode, in operation 405; in one example, the condition associated with the SA may be that there is a history of supporting, by a corresponding frequency, the SA mode … in one example, the condition associated with the SA mode may be that a corresponding frequency is included in a system information block (SIB) 1 provided by a base station (e.g., a gNB in a case where the second RAT is NR) associated with the second RAT; 0098; the electronic device 101 may manage information as shown in Table 3, based on whether SA is used at a particular frequency, or whether NSA is used at a particular frequency]; and
based on determining that the set frequency is used for the SA mode, blocking measurement on the set frequency [Kwak: 0085; when the condition associated with the SA mode is not satisfied (operation 405—No), the electronic device 101 may refrain from performing a measurement of at least one second frequency not satisfying the condition in operation 409; in this case, the electronic device 101 may determine that ARFCN #1 satisfies the condition associated with SA, and ARFCN #2 and ARFCN #3 do not satisfy the condition associated with SA; the electronic device 101 may perform a measurement of the synchronization signal 523 corresponding to ARFCN #1; the electronic device 101 may refrain from performing a measurement of the synchronization signals 525 and 527 corresponding to ARFCN #2 and ARFCN #3; 0086; a measurement on at least one second frequency (e.g., ARFCN #2 or ARFCN #3) may not be performed, thereby preventing and/or alleviating adding of a second cell group (SCG) for DC of the third base station 505 and the fourth base station 507; therefore, DC may not be performed, and thus a problem caused by DC usage in the DC restriction state can be prevented and/or alleviated].
Regarding Claim 2,
further comprising: acquiring at least one of information regarding network types supported by band and frequency of the network, information regarding whether the network supports VONR, information regarding whether the network supports the SA mode, and information regarding whether the network supports the NSA mode [Kwak: network type == SA or NSA; 0085; in this case, the electronic device 101 may determine that ARFCN #1 satisfies the condition associated with SA, and ARFCN #2 and ARFCN #3 do not satisfy the condition associated with SA. The electronic device 101 may perform a measurement of the synchronization signal 523 corresponding to ARFCN #1. The electronic device 101 may refrain from performing a measurement of the synchronization signals 525 and 527 corresponding to ARFCN #2 and ARFCN #3; 0086; a measurement on at least one second frequency (e.g., ARFCN #2 or ARFCN #3) may not be performed; 0098; the electronic device 101 may manage information as shown in Table 3, based on whether SA is used at a particular frequency, or whether NSA is used at a particular frequency].
Regarding Claim 3,
wherein determining whether the set frequency is usable and determining the network type of the set frequency comprises: determining whether the set frequency is usable based on the at least one piece of information; and based on the set frequency being usable, determining which network type the set frequency is used for, based on the at least one piece of information [Kwak: network type == SA or NSA; one piece of information == condition associated with SA; 0085; in this case, the electronic device 101 may determine that ARFCN #1 satisfies the condition associated with SA, and ARFCN #2 and ARFCN #3 do not satisfy the condition associated with SA. The electronic device 101 may perform a measurement of the synchronization signal 523 corresponding to ARFCN #1. The electronic device 101 may refrain from performing a measurement of the synchronization signals 525 and 527 corresponding to ARFCN #2 and ARFCN #3; 0086; a measurement on at least one second frequency (e.g., ARFCN #2 or ARFCN #3) may not be performed; 0098; the electronic device 101 may manage information as shown in Table 3, based on whether SA is used at a particular frequency, or whether NSA is used at a particular frequency].
Regarding Claim 9,
further comprising: receiving a command for handover to a 5G SA cell from the network [Kwak: 0115; the electronic device 101 may confirm a handover to an (R)AN (e.g., NG-RAN) corresponding to the second RAT, based on the reception of the handover command; the electronic device 101 may move from an (R)AN (e.g., E-UTRAN) corresponding to the first RAT (e.g., E-UTRA), and synchronize with a target (R)AN (e.g., NG-RAN); the handover procedure may follow, for example, 3GPP TS 23.502 or 3GPP TS 24.502, but is not limited; the electronic device 101 may perform communication based on the second RAT after registered in the system of the second RAT by an SA mode; accordingly, in a DC restriction state, the electronic device 101 can perform an inter-RAT handover while preventing and/or alleviating DC; and
blocking measurement on the set frequency in response to the command for handover being received [Kwak: 0086; the network may determine a handover to the second base station 503, based on the measurement report; in this case, the electronic device 101 may perform a handover (e.g., an inter RAT handover) from the first base station 501 to the second base station 503; a measurement on at least one second frequency (e.g., ARFCN #2 or ARFCN #3) may not be performed, thereby preventing and/or alleviating adding of a second cell group (SCG) for DC of the third base station 505 and the fourth base station 507; 0084; ARFCN #2 may be, for example, the ARFCN of a third base station 505 (e.g., a gNB) based on the second RAT (e.g., NR); ARFCN #3 may be, for example, the ARFCN of a fourth base station 507 (e.g., a gNB) based on the second RAT (e.g., NR)].
Regarding Claims 11-13 and 19, which recites an apparatus having the same claim limitations as those in claims 1-3 and 9 above, the same rationale of rejection as presented in claims 1-3 and 9 is applicable.
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.
Claim(s) 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak in view of Zhu et al. (US 2020/038010; hereafter Zhu).
Regarding Claim 10,
Kwak teaches that one of the multi-SIMs may be configured to be able to process a data packet (e.g., a packet associated with an Internet PDN), and another one may be configured to be able to process a voice packet (e.g., a packet associated with an IMS PDN) [Kwak: 0081].
However, Kwak does not teach that based on identifying that the voice call is ended, releasing the blocking of the measurement on the set frequency and enabling the SA capability.
Zhu teaches:
further comprising, based on identifying that the voice call is ended, releasing the blocking of the measurement on the set frequency and enabling the SA capability [Zhu: 0051; FIGS. 5-8 are signal flow diagrams illustrating exemplary communications in a portion 500 of network environment 100 for triggering a return to a 5G connection after concluding a call with VoLTE fallback; 0052; according to an implementation, however, and as shown at reference 515, eNB 125 may use the same RRC Connection Reconfiguration message to trigger a handover to 5G by configuring a B1 measurement (e.g., for LTE event B1, per 3GPP TS 36.331) on designated neighboring NR bands (e.g., to detect if a neighbor cell is better than an absolute threshold); this modified RRC Connection Reconfiguration message will trigger a measurement report of the NR bands from UE device 110 if the UE is still in a NR coverage area (e.g., coverage area 220); thus, UE device 110 may perform signal measurements 520 and provide a NR measurement report 525 to eNB 125; once the NR measurement reports is received, eNB 125 may initiate an inter-RAT handover 530 back to 5G service (e.g., via gNB 135) immediately; 0058; if UE device 110 is configured with an EN-DC connection while a VoLTE call is released, eNB 125 may send an RRC Connection Reconfiguration message 815 to release the VoLTE bearer (e.g., a QCI-1 bearer) and at the same time may trigger an immediate Inter-RAT handover to the NR leg of the previous EN-DC connection (e.g., without any B1 measurement); as indicated by reference 820, eNB 125 and gNB 135 may participate in an Inter-RAT handover to switch UE device 110 over to 5G NR standalone operation with gNB 135; 0062; if the end device is 5G NR standalone capable (block 920—Yes), process 900 may further include detecting an end of the voice call (block 930) and initiating an immediate handover from the 4G network to the 5G network (block 940)].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Kwak and Zhu in order to provide a mechanism to trigger end devices to more quickly return to 5G networks after a VoLTE fallback [Zhu: 0013].
Regarding Claim 20, which recites an apparatus having the same claim limitations as those in claim 10 above, the same rationale of rejection as presented in claim 10 is applicable.
Claim(s) 5, 7-8, 15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak in view of Lee et al. (US 2022/0303808; hereafter Lee).
Regarding Claim 5,
Kwak teaches that a UE may support both the SA mode and the NSA mode [Kwak: 0005].
However, Kwak does not teach that based on determining that the set frequency is used for the NSA mode, performing a measurement report on the frequency.
Lee teaches:
further comprising, based on determining that the set frequency is used for the NSA mode, performing a measurement report on the frequency [Lee: Fig. 9; 0167; the electronic device 101 may perform a call connection through the first cellular communication in a non-standalone mode of the second cellular communication; even though the electronic device 101 can transmit or receive data through the non-standalone mode of the second cellular communication, the quality measurement through the second cellular communication is restricted, whereby communication through the non-standalone mode, which provides relatively higher speed, may fail to be performed; 0168; according to various embodiments of the disclosure, in operation 930, the electronic device 101 may identify whether the information related to the measurement object includes information related to the non-standalone mode; 0172; when it is identified that the information related to the measurement object includes the information related to the non-standalone mode (if “Yes” in operation 930), the electronic device 101 may perform quality measurement using a frequency band corresponding to the non-standalone mode in operation 940; 0173; when it is identified that the information related to the measurement object includes the information related to the non-standalone mode, the electronic device 101 may determine to perform a quality measurement object using the frequency band corresponding to the non-standalone mode].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Kwak and Lee in order to achieve a high data transfer rate [Lee: 0003].
Regarding Claim 7,
Kwak teaches that dual connectivity through the LTE base station 340 and the NR base station 350 may be named as E-UTRA new radio dual connectivity (EN-DC) [Kwak: 0073].
However, Kwak does not teach that based on identifying that the NR report type is not an evolved universal terrestrial radio access (E-UTRA) NR dual connectivity (ENDC), blocking measurement on the set frequency.
Lee teaches:
wherein the NR measurement setup comprises an NR report type, and wherein the method further comprises, based on identifying that the NR report type is not an evolved universal terrestrial radio access (E-UTRA) NR dual connectivity (ENDC), blocking measurement on the set frequency [Lee: Fig. 9; 0167; the electronic device 101 may perform a call connection through the first cellular communication in a non-standalone mode of the second cellular communication; even though the electronic device 101 can transmit or receive data through the non-standalone mode of the second cellular communication, the quality measurement through the second cellular communication is restricted, whereby communication through the non-standalone mode, which provides relatively higher speed, may fail to be performed; 0168; according to various embodiments of the disclosure, in operation 930, the electronic device 101 may identify whether the information related to the measurement object includes information related to the non-standalone mode; 0177; when it is identified that the information related to the measurement object does not include information related to the non-standalone mode (if “No” in operation 930), the electronic device 101 may maintain the restriction of the quality measurement of the second cellular communication in operation 950].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Kwak and Lee in order to achieve a high data transfer rate [Lee: 0003].
Regarding Claim 8,
further comprising, based on identifying that the NR report type is the ENDC, performing a measurement report on the set frequency [Lee: Fig. 9; 0167; the electronic device 101 may perform a call connection through the first cellular communication in a non-standalone mode of the second cellular communication; even though the electronic device 101 can transmit or receive data through the non-standalone mode of the second cellular communication, the quality measurement through the second cellular communication is restricted, whereby communication through the non-standalone mode, which provides relatively higher speed, may fail to be performed; 0168; according to various embodiments of the disclosure, in operation 930, the electronic device 101 may identify whether the information related to the measurement object includes information related to the non-standalone mode; 0172; when it is identified that the information related to the measurement object includes the information related to the non-standalone mode (if “Yes” in operation 930), the electronic device 101 may perform quality measurement using a frequency band corresponding to the non-standalone mode in operation 940; 0173; when it is identified that the information related to the measurement object includes the information related to the non-standalone mode, the electronic device 101 may determine to perform a quality measurement object using the frequency band corresponding to the non-standalone mode].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Kwak and Lee in order to achieve a high data transfer rate [Lee: 0003].
Regarding Claims 15 and 17-18, which recites an apparatus having the same claim limitations as those in claims 5 and 7-8 above, the same rationale of rejection as presented in claims 5 and 7-8 is applicable.
Claim(s) 4, 6, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak in view of Su et al. (WO 2021/126798; hereafter Su).
Regarding Claim 4,
Kwak teaches that a UE may support both the SA mode and the NSA mode [Kwak: 0005].
However, Kwak does not teach that based on determining that the set frequency is used for the SA mode and the NSA mode, disabling a SA capability; and performing a tracking area update (TAU) procedure and updating a state of the disabled SA capability for the network.
Su teaches:
further comprising: based on determining that the set frequency is used for the SA mode and the NSA mode, disabling a SA capability; and performing a tracking area update (TAU) procedure and updating a state of the disabled SA capability for the network [Su: 0212; a UE is configured to establish a standalone (SA) connection with a network through a gNB, perform an inter-radio access technology (inter-RAT) cell measurement on an eNB, and determine whether the eNB is operating in an overlapping frequency range with the SA connection through the gNB; based on a determination that the eNB is not operating in the overlapping frequency range, the UE is further configured to disable the connection with the gNB and establish a connection with the eNB; 0169; if during B1 and/or B2 inter-RAT measurements, the UE finds a qualifying LTE cell which is not in the same frequency range as the Sub6 gNB cell, the UE may disable NR and move to the LTE cell; 0153; in some embodiments, thermal conditions may make it desirable for a UE in an ENDC connection to disable its LTE and/or its NR radio to bring down the temperature in the device; 0152; at 1410, if a trigger condition is present, the UE may send a Tracking Area Update Request to the Network with a “UE radio capability information update needed” information element (IE) enabled]..
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Kwak and Su in order to mitigate overheating in a dual-radio access technology wireless device [Su: 0001].
Regarding Claim 6,
Kwak teaches that a UE may support both the SA mode and the NSA mode [Kwak: 0005].
However, Kwak does not teach that based on identifying that the set frequency is not usable, disabling a SA capability; and performing a TAU procedure and updating a state of the disabled SA capability for the network.
Su teaches:
further comprising: based on identifying that the set frequency is not usable, disabling a SA capability; and performing a TAU procedure and updating a state of the disabled SA capability for the network [Su: 0212; a UE is configured to establish a standalone (SA) connection with a network through a gNB, perform an inter-radio access technology (inter-RAT) cell measurement on an eNB, and determine whether the eNB is operating in an overlapping frequency range with the SA connection through the gNB; based on a determination that the eNB is not operating in the overlapping frequency range, the UE is further configured to disable the connection with the gNB and establish a connection with the eNB; 0169; if during B1 and/or B2 inter-RAT measurements, the UE finds a qualifying LTE cell which is not in the same frequency range as the Sub6 gNB cell, the UE may disable NR and move to the LTE cell; 0153; in some embodiments, thermal conditions may make it desirable for a UE in an ENDC connection to disable its LTE and/or its NR radio to bring down the temperature in the device; 0152; at 1410, if a trigger condition is present, the UE may send a Tracking Area Update Request to the Network with a “UE radio capability information update needed” information element (IE) enabled].
It would have been obvious for POSITA before the effective filing date of the invention to combine the teachings of Kwak and Su in order to mitigate overheating in a dual-radio access technology wireless device [Su: 0001].
Regarding Claims 14 and 16, which recites an apparatus having the same claim limitations as those in claims 4 and 6 above, the same rationale of rejection as presented in claims 4 and 6 is applicable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See (US 2023/0118064) [para. 48, 101, 109, 166].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAAD A WAQAS whose telephone number is (571)270-5642. The examiner can normally be reached 8:30 - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marcus Smith can be reached at (571) 270-1096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SAAD A. WAQAS
Primary Examiner
Art Unit 2468
/Saad A. Waqas/Primary Examiner, Art Unit 2468
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