Prosecution Insights
Last updated: October 01, 2026
Application No. 18/743,299

CELL HANDOVER METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Jun 14, 2024
Priority
Dec 17, 2021 — CN 202111549955.9 +1 more
Examiner
SCIACCA, SCOTT M
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
513 granted / 660 resolved
+19.7% vs TC avg
Strong +23% interview lift
Without
With
+23.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
30 currently pending
Career history
705
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 660 resolved cases

Office Action

§103
DETAILED ACTION This office action is responsive to communications filed on November 19, 2024. Claims 1-20 are pending in the application. 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 Statements filed on 3/21/2025 and 8/31/2026 have been considered. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 3, 7, 9, 13, 15, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US 2023/0156816) in view of Kung et al. (US 2022/0078670). Regarding Claim 1, Xu teaches a cell handover method, wherein the method is used to hand over a terminal from a second network element to a first network element, and the method comprises: receiving, by a first network element, a first random access request message, the first random access request message comprises information indicating the second network element (“At 210 the UE uses a RACH process to communicate an RRC ResumeRequest to the BS on which it is camping. The RRC ResumeRequest includes an inactive radio network temporary identifier (I-RNTI) for the UE, which is allocated to the UE by the network when the UE enters the inactive state. The network uses the I-RNTI provided with the ResumeRequest to identify the UE and the last serving cell so that the new serving cell may fetch the UE context from the last serving cell” – See [0041]; “the UE may transmit a MsgA PUSCH including a UL data transmission for INACTIVE state communication. The MsgA can include a MAC CE where the MAC CE has an I-RNTI/truncated I-RNTI. The MAC CE with the I-RNTI/truncated I-RNTI can be configured for INACTIVE state communication and can identify the UE. After the BS receives MsgA” – [0071]; While the UE is being handed over from a last serving cell to a new serving cell, the BS for the new serving cell (first network element) receives a RACH msgA (first random access request message). The RACH msgA includes an I-RNTI that identifies the last serving cell (information indicating the second network element)); sending, by the first network element, a first connection request message to a core network element, wherein the first connection request message comprises first DCS indication information, and the first DCS indication information indicates the core network element to deactivate a connection to a network element that was accessed by the terminal belongs (“At 270, the BS transmits a Path Switch request that updates the radio bearers for the UE to the Access and Mobility Management Function (AMF), which is the BS interface with the CN. At 280, the AMF responds to the BS confirming the path switch is complete. At 290 the BS informs the last serving BS that it can delete the UE context. After these communications have occurred, the UE may transmit data to and receive data from the BS” – See [0047]; The BS for the new serving cell (first network element) sends a path switch request (first connection request message) to the AMF (core network element). The path switch request comprises DCS indication information that indicates to the AMF to deactivate a connection with the BS for the last serving cell (a network element that was accessed by the terminal)); and receiving, by the first network element, a first connection acknowledgment message from the core network element (“At 280, the AMF responds to the BS confirming the path switch is complete” – See [0047]; The BS receives a path switch request response (first connection acknowledgment message) from the AMF (core network element)). Xu does not explicitly teach that a first cell group managed by the first network element and a second cell group managed by the second network element belong to a dynamic cell set (DCS). However, Kung teaches that a first cell group managed by the first network element and a second cell group managed by the second network element belong to a dynamic cell set (DCS) (“Special Cell: For Dual Connectivity operation the term Special Cell refers to the PCell of the MCG or the PSCell of the SCG, otherwise the term Special Cell refers to the PCell” – See [0451]; “The network configures the UE with Master Cell Group (MCG), and zero or one Secondary Cell Group (SCG). In (NG)EN-DC, the MCG is configured as specified in TS 36.331 [10], and for NE-DC, the SCG is configured as specified in TS 36.331 [10]. The network provides the configuration parameters for a cell group in the CellGroupConfig IE” – See [0525]; “The source cell may provide second information to the UE, wherein the second information indicates initiation of a mobility procedure to access the target cell” – See [0591]; “With respect to one or more embodiments herein, the source cell and the target cell may be in different cell groups (CGs). For example, the source cell may be in a first cell group (CG) and the target cell may be in a second cell group (CG) different than the first cell group (CG)” – See [0638]; The target and source cells (first and second network elements) may belong to a dynamic cell set that provides dual connectivity for a UE. The target cell belongs to one cell group (i.e., a first cell group) and the source cell belongs to a different cell group (i.e., a second cell group)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu such that a first cell group managed by the first network element and a second cell group managed by the second network element belong to a dynamic cell set (DCS). Motivation for doing so would be to enable the terminal to perform dual connectivity (See Kung, [0525]). Regarding Claim 3, Xu in view of Kung teaches the method of Claim 1. Xu further teaches that in response to the first network element establishing a connection to the core network element where the connection is not activated, the first connection request message is used to request to activate the connection to the core network element, and the first connection acknowledgment message indicates that the connection between the first network element and the core network element is activated (“At 270, the BS transmits a Path Switch request that updates the radio bearers for the UE to the Access and Mobility Management Function (AMF), which is the BS interface with the CN. At 280, the AMF responds to the BS confirming the path switch is complete” – See [0047]; In response to the target BS (first network element) not having a connection with the AMF activated, the path switch request (first connection request message) requests a new connection/path to the core network element, and the path switch request response (first connection acknowledgment message) confirms that the connection/path establishment is complete). Claims 7 and 13 are rejected based on reasoning similar to Claim 1. Claims 9 and 15 are rejected based on reasoning similar to Claim 3. Regarding Claim 19, Xu in view of Kung teaches the method of Claim 3. Xu further teaches that after the core network element activates the connection to the first network element the method further comprises: performing at least one of data transmission or signaling transmission through the connection between the first network element and the core network (“RAN node may not utilize application circuitry 1402, and instead include a processor/controller to process IP data received from a CN such as 5GC 1320 or an Evolved Packet Core (EPC)” – See [0115]; The network element performs data transmission through the connection between the network element and the core network). Claim 20 is rejected based on reasoning similar to Claim 19. Claims 2, 4, 8, 10, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US 2023/0156816) in view of Kung et al. (US 2022/0078670) and further in view of Xu et al. (US 2023/0141705, hereinafter Xu ‘705). Regarding Claim 2, Xu in view of Kung teaches the method of Claim 1. Xu and Kung do not explicitly teach that in response to the first network element not establishing a connection to the core network element, the first connection request message is used to request to establish a connection to the core network element, the first connection acknowledgment message indicates that the first network element has established the connection to the core network element, and the first connection acknowledgment message comprises a next hop chaining counter (NCC) parameter and a next hop (NH) parameter that are used for handing over the terminal to the second network element. However, Xu ‘705 teaches that in response to the first network element not establishing a connection to the core network element, the first connection request message is used to request to establish a connection to the core network element, the first connection acknowledgment message indicates that the first network element has established the connection to the core network element, and the first connection acknowledgment message comprises a next hop chaining counter (NCC) parameter and a next hop (NH) parameter that are used for handing over the terminal to the second network element (“The gNB 704 then performs a UE handover from the last serving gNB 706 by sending a data forwarding address indication to the last serving gNB (Step 7) and a path switch request to the AMF 708 (Step 8). The AMF 708 responds with a path switch request response (Step 9)” – See [0106]; “a source gNB may receive, prior to transmitting an RRC release to a UE, a path switch procedure response message including a set of NCC values and NH parameters” – See [0129]; The path switch request (first connection request message) is used to establish a connection with the new gNB and the AMF (core network element). The path switch response (first connection acknowledgment message) includes NCC and NH parameters that are used when handing over the terminal from the last serving gNB to the new gNB). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu such that in response to the first network element not establishing a connection to the core network element, the first connection request message is used to request to establish a connection to the core network element, the first connection acknowledgment message indicates that the first network element has established the connection to the core network element, and the first connection acknowledgment message comprises a next hop chaining counter (NCC) parameter and a next hop (NH) parameter that are used for handing over the terminal to the second network element. Motivation for doing so would be to provide the network element with parameters that can be used to generate new security keys for the new connection (See Xu ‘705, [0113]). Regarding Claim 4, Xu in view of Kung teaches the method of Claim 1. Xu and Kung do not explicitly teach receiving, from a third network element, a first indication message indicating to release context information of the terminal, wherein the third network element is a network element that the terminal accesses after being handed over from the first network element, and a third cell group managed by the third network element does not belong to the DCS; and releasing the context information of the terminal based on the first indication message. However, Xu ‘705 teaches receiving, from a third network element, a first indication message indicating to release context information of the terminal, wherein the third network element is a network element that the terminal accesses after being handed over from the first network element, and a third cell group managed by the third network element does not belong to the DCS; and releasing the context information of the terminal based on the first indication message (“The second target gNB3 808 may also send a path switch request to the AMF to initiate a second handover of the UE 802 from the second source gNB2 806 to the second target gNB2 808. The AMF may response with a path switch response acknowledge the handover and providing to the second target gNB 808 a third NCC3 and corresponding third NH3 parameter pair” – See [0111]; “the gNB sends a UE context release to the last serving gNB” – See [0106]; The first target gNB (first network element) receives, from the second target gNB (third network element), a message indicating to release the UE context, wherein the second target gNB (third network element) is a network element that the terminal access after being handed over from the first target gNB (first network element), and the second target gNB does not belong to the DCS). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu to include receiving, from a third network element, a first indication message indicating to release context information of the terminal, wherein the third network element is a network element that the terminal accesses after being handed over from the first network element, and a third cell group managed by the third network element does not belong to the DCS; and releasing the context information of the terminal based on the first indication message. Motivation for doing so would be to perform handover to an additional network element after the handover to the first network element (See Xu ‘705, [0111]). Claims 8 and 14 are rejected based on reasoning similar to Claim 2. Claims 10 and 16 are rejected based on reasoning similar to Claim 4. Allowable Subject Matter Claims 5, 6, 11, 12, 17, and 18 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott M Sciacca whose telephone number is (571)270-1919. The examiner can normally be reached Monday thru Friday, 7:30 A.M. - 5:00 P.M. EST. 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, Joseph Avellino can be reached at (571) 272-3905. 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. /SCOTT M SCIACCA/ Primary Examiner, Art Unit 2478
Read full office action

Prosecution Timeline

Jun 14, 2024
Application Filed
Nov 19, 2024
Response after Non-Final Action
Sep 09, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+23.0%)
3y 3m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 660 resolved cases by this examiner. Grant probability derived from career allowance rate.

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