DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present U.S. non-provisional application is being examined under the first-inventor-to-file provisions of the AIA . The present U.S. non-provisional application, filed on June 28, 2024, is a continuation of an international PCT application, filed on December 21, 2022, and claims priority to a foreign application, filed on December 30, 2021.
Response to Amendment
This Office action is responsive to the amendment and arguments on August 10, 2026. Claims 21, 22, 24, 25, 28, 29, 31, 32, 35, 36, 38 and 39 were amended. Claims 23, 27, 30, 34 and 37 were canceled. Claims 41-43 were added. Claims 21, 22, 24-26, 28, 29, 31-33, 35, 36 and 38-43 are pending for consideration in the present U.S. non-provisional application.
Response to Arguments
The arguments (page 8) directed to the rejections under 35 U.S.C. 112 have been considered. The arguments are directed to the amendment, and considered as sufficient to overcome the rejections. Accordingly, the rejections under 35 U.S.C. 112 are withdrawn.
The arguments (pages 8-9) directed to the rejections under 35 U.S.C. 103 have been considered, but considered as not sufficient to overcome the rejections. The arguments indicate [1] that mapping the first-message handover indication to the RRC signaling in step S21 of Cao is erroneous because handover is merely a background assumption in Cao at paragraphs [0172] and [0178]. However, Cao at Id. provides sufficient prior art disclosure and suggestions for the first-message handover indication via description of the RRC signaling because it includes beams of a target cell (i.e. handover indication) where the UE is to be handed over to the target cell in step S22. Accordingly, the rejections under 35 U.S.C. 103 are maintained.
The arguments (pages 9-10) directed to the rejections under 35 U.S.C. 103 have been considered, but considered as not sufficient to overcome the rejections. The arguments indicate [2] that Murray does not suggest communicating using the plurality of beams that was indicated because Murray at paragraphs [0340] and [0341] describes including more than one beam in a handover command. However, Murray at Id. provides sufficient prior art disclosure and suggestions for the communicating via description of transmitting (i.e. communicating) on RACH resources of multiple beams (i.e. using the plurality of beams) indicated in a handover command. Accordingly, the rejections under 35 U.S.C. 103 are maintained.
The arguments (pages 10-11) directed to the rejections under 35 U.S.C. 103 have been considered, but considered as not sufficient to overcome the rejections. The arguments indicate [3] that the combination lacks rational underpinning because reasons of supporting a prioritized random access procedure provides no reasoning why a person of ordinary skill in the art would modify Cao’s scheme with Murray’s teaching or what the combination would achieve that neither reference achieves alone. However, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Accordingly, the rejections under 35 U.S.C. 103 are maintained.
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 21, 22, 24-26, 28, 29, 31-33, 35, 36 and 38-43 are rejected under 35 U.S.C. 103 as unpatentable over Cao (US 2023/0096215 A1) in view of Murray et al. (US 2020/0275319 A1).
21. A method performed by a communication apparatus (Cao, FIG. 30), the method comprising:
receiving a first message from a first network device, wherein a source cell belongs to the first network device, and wherein the first message indicates the communication apparatus to perform cell handover, the first message carries first indication information, and the first indication information indicates a plurality of beams (Cao, paras. [0172], [0178], “FIG. 27 shows a flowchart of a method for wireless communications according to another embodiment of the present disclosure. The method includes: acquiring from a base station, via RRC signaling, configuration information of a universal TCI state (S21), where the universal TCI state includes a TCI state of a downlink beam of a serving cell of UE and a TCI state of a downlink beam of a non-serving cell other than the serving cell; and determining activation information of a downlink beam of a target cell, where the UE is to be handed over to the target cell (S22). The method, for example, may be performed at a UE side. […] In addition, in step S21, the configuration information of the universal uplink TCI state may also be acquired from the base station via RRC signaling. The universal uplink TCI state includes the uplink TCI state of the uplink beam of the serving cell of the UE and the uplink TCI state of the uplink beam of the non-serving cell other than the serving cell. In the universal uplink TCI state, the indexed reference signal includes one of CSI-RS, SSB and SRS.” emphasis added.); and
communicating, by using the plurality of beams, with a second network device, wherein at least one target cell belongs to the second network device, and wherein the communication apparatus is handed over to the at least one target cell (Murray, paras. [0340], [0341], “…In another embodiment, the gNB may include in the handover command, an indication to use more than one RACH resources for parallel initial attempts for e.g. using this indication, the UE may transmit one or more additional RACH preambles before the RAR of the first transmitted preamble. Furthermore, the gNB may also include in the handover command, how many parallel attempts, the UE may be allowed to perform. For each beam or CSI resource included in the handover command for initial access, the gNB may assigns more than one dedicated RACH resource. The UE may determine RACH resources for parallel initial attempts, by selecting the up to the number of corresponding beams/CSI-RS resource using one of the beam selection procedures described above. […] The target cell may include in the RRC reconfiguration message passed to the source cell for inclusion in the handover command, the UL beam to be used for the initial access procedure, e.g., for each RACH resource (dedicated RACH resource or common RACH resource), the handover command may include the UL beam that the UE should use.” emphasis added.)
Cao may not seem to describe the identical claimed invention, however in the same field of endeavor, Murray et al. provides prior art disclosure for the claimed invention, such as communicating, by using the plurality of beams, with a second network device, wherein at least one target cell belongs to the second network device, and wherein the communication apparatus is handed over to the at least one target cell (Murray, paras. [0340], [0341], Id.) The prior art disclosure and suggestions of Murray et al. are for reasons of supporting a prioritized random access procedure (Murray, paras. [0002], [0007], “…In long-term evolution (LTE) technology, UEs perform a random access procedure with the same set of configured parameters agnostic of the access request's purpose. However, a need exists in NR to support a more diverse set of use cases exhibiting different performance objectives when performing an access request. A need also exists in the art to support a prioritized random access procedure for NR.”) In view of the prior art of record, the claimed invention 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, for reasons of supporting a prioritized random access procedure.
22. The method according to claim 21, wherein the first indication information further indicates types of the plurality of beams, and the types comprise one or more of the following: an uplink beam, a downlink beam, or a beam used for uplink and downlink transmissions (Cao, paras. [0172], [0178], Id.)
24. The method according to claim 23, wherein the first message further carries: third indication information, indicating at least one of synchronization information of the at least one target cell (Cao, paras. [0172], [0178], Id.), or that the communication apparatus does not need to initiate random access to the at least one target cell (MPEP 2131, “…When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known…”)
25. The method according to claim 21, wherein communicating, by using the plurality of beams, with the second network device comprises: sending, by using at least two of the plurality of beams, a preamble to the second network device (Murray, paras. [0340], [0341], Id.)
26. The method according to claim 25, wherein the first message further carries: fifth indication information, indicating that the communication apparatus to initiate random access to the at least one target cell (Murray, paras. [0340], [0341], Id.); sixth indication information, indicating whether the communication apparatus reports a reference signal measurement result of the at least one target cell in a random access procedure; seventh indication information, indicating a quantity of times that the communication apparatus repeatedly sends the preamble; or eighth indication information, indicating a cell type of a cell to which the communication apparatus is to be handed over, wherein the cell type comprises a primary cell or a secondary cell (MPEP 2131, Id.)
28. A communication apparatus, comprising: a memory storage comprising instructions; and at least one processor in communication with the memory storage, wherein the at least one processor executes the instructions (Cao, FIG. 30, Id.) to:
receive a first message from a first network device, wherein a source cell belongs to the first network device, and wherein the first message indicates the communication apparatus to perform cell handover, the first message carries first indication information, and the first indication information indicates a plurality of beams (Cao, paras. [0172], [0178], Id.); and
communicate, by using the plurality of beams, with a second network device, wherein at least one target cell belongs to the second network device, and wherein the communications apparatus is handed over to the at least one target cell (Murray, paras. [0340], [0341], Id. cf. Claim 21).
Cao may not seem to describe the identical claimed invention, however in the same field of endeavor, Murray et al. provides prior art disclosure for the claimed invention, such as communicate, by using the plurality of beams, with a second network device, wherein at least one target cell belongs to the second network device, and wherein the communications apparatus is handed over to the at least one target cell (Murray, paras. [0340], [0341], Id.) The prior art disclosure and suggestions of Murray et al. are for reasons of supporting a prioritized random access procedure (Murray, paras. [0002], [0007], Id.) In view of the prior art of record, the claimed invention 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, for reasons of supporting a prioritized random access procedure.
29. The communication apparatus according to claim 28, wherein the first indication information further indicates types of the plurality of beams, and the types comprise one or more of the following: an uplink beam, a downlink beam, or a beam used for uplink and downlink transmissions (Cao, paras. [0172], [0178], Id. cf. Claim 22).
31. The communication apparatus according to claim 30, wherein the first message further carries: third indication information, indicating at least one of synchronization information of the at least one target cell (Cao, paras. [0172], [0178], Id.), or that the communication apparatus does not need to initiate random access to the at least one target cell (MPEP 2131, Id. cf. Claim 24).
32. The communication apparatus according to claim 28, wherein the instructions include further instructions to: send, by using at least two of the plurality of beams, a preamble to the second network device (Murray, paras. [0340], [0341], Id. cf. Claim 25).
33. The communication apparatus according to claim 32, wherein the first message further carries: fifth indication information, indicating the communication apparatus to initiate random access to the at least one target cell (Murray, paras. [0340], [0341], Id.); sixth indication information, indicating whether the communication apparatus reports a reference signal measurement result of the at least one target cell in a random access procedure; seventh indication information, indicating a quantity of times that the communication apparatus repeatedly sends the preamble; or eighth indication information, indicating a cell type of a cell to which the communication apparatus is to be handed over, wherein the cell type comprises a primary cell or a secondary cell (MPEP 2131, Id. cf. Claim 26).
35. A non-transitory computer-readable storage medium storing computer instructions, that when executed by at least one processor, cause the at least one processor to perform operations (Cao, FIG. 30, Id.) comprising:
receiving a first message from a first network device, wherein a source cell belongs to the first network device, wherein the first message indicates a communication apparatus to perform cell handover, the first message carries first indication information, and the first indication information indicates a plurality of beams (Cao, paras. [0172], [0178], Id.); and
communicating, by using the plurality of beams, with a second network device, wherein at least one target cell belongs to the second network device, wherein the at least one target cell is a cell to which the communication apparatus is handed over (Murray, paras. [0340], [0341], Id. cf. Claim 21).
Cao may not seem to describe the identical claimed invention, however in the same field of endeavor, Murray et al. provides prior art disclosure for the claimed invention, such as communicating, by using the plurality of beams, with a second network device, wherein at least one target cell belongs to the second network device, wherein the at least one target cell is a cell to which the communication apparatus is handed over (Murray, paras. [0340], [0341], Id.) The prior art disclosure and suggestions of Murray et al. are for reasons of supporting a prioritized random access procedure (Murray, paras. [0002], [0007], Id.) In view of the prior art of record, the claimed invention 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, for reasons of supporting a prioritized random access procedure.
36. The non-transitory computer-readable storage medium according to claim 35, wherein the first indication information further indicates types of the plurality of beams, and the types comprise one or more of the following: an uplink beam, a downlink beam, or a beam used for uplink and downlink transmissions (Cao, paras. [0172], [0178], Id. cf. Claim 22).
38. The non-transitory computer-readable storage medium according to claim 35, wherein the first message further carries: third indication information, indicating at least one of synchronization information of the at least one target cell (Cao, paras. [0172], [0178], Id.), or that the communication apparatus does not need to initiate random access to the at least one target cell (MPEP 2131, Id. cf. Claim 24).
39. The non-transitory computer-readable storage medium according to claim 35, wherein the computer instructions, when executed by the at least one processor, further cause the at least one processor to perform operations including: sending, by using at least two of the plurality of beams, a preamble to the second network device (Murray, paras. [0340], [0341], Id. cf. Claim 25).
40. The non-transitory computer-readable storage medium according to claim 39, wherein the first message further carries: fifth indication information, indicating that the communication apparatus to initiate random access to the at least one target cell (Murray, paras. [0340], [0341], Id.); sixth indication information, indicating whether the communication apparatus reports a reference signal measurement result of the at least one target cell in a random access procedure; seventh indication information, indicating a quantity of times that the communication apparatus repeatedly sends the preamble; or eighth indication information, indicating a cell type of a cell to which the communication apparatus is to be handed over, wherein the cell type comprises a primary cell or a secondary cell (MPEP 2131, Id. cf. Claim 26).
41. The method according to claim 21, wherein the first indication information comprises a plurality of transmission configuration indicator, TCI, state identifiers, and a TCI state identifier in the plurality of TCI state identifiers indicates a beam in the plurality of beams (Cao, paras. [0172], [0178], Id.)
42. The communication apparatus according to claim 28, wherein the first indication information comprises a plurality of transmission configuration indicator (TCI) state identifiers, and a TCI state identifier in the plurality of TCI state identifiers indicates a beam in the plurality of beams (Cao, paras. [0172], [0178], Id. cf. Claim 41).
43. The non-transitory computer-readable storage medium according to claim 35,wherein the first indication information comprises a plurality of transmission configuration indicator (TCI) state identifiers, and a TCI state identifier in the plurality of TCI state identifiers indicates a beam in the plurality of beams (Cao, paras. [0172], [0178], Id. cf. Claim 41).
Conclusion
The prior art made of record (PTO-1449, PTO-892) and not relied upon is considered pertinent to the subject matter of the present U.S. non-provisional application.
Ramachandra et al. (US 2023/0379769 A1) provides prior art disclosure considered as relevant to the subject matter of the claimed invention (Ramachandra, Abstract, “A method of operating a user equipment, UE, according to some embodiments includes receiving a handover, HO, command, to perform a handover to a target cell, wherein the HO command comprises includes a mobility configuration for lower layer mobility associated to multiple physical cell identities, PCIs, configured for the target cell, and applying the HO command including the mobility configuration. A method of operating a first network node includes receiving a HO request from a second network node to handover a UE to the first network node, the HO request including measurement information associated to multiple cells or multiple PCIs associated to the first network node, generating a HO command that includes a mobility configuration for lower layer mobility associated to multiple PCIs configured for the target cell, and transmitting the HO command to the second network node for delivery to the UE.”)
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Timothy J. Weidner whose telephone number is (571) 270-1825. The examiner can normally be reached Monday - Friday, 8:00 AM - 5:00 PM, Eastern Standard Time.
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/TIMOTHY J WEIDNER/Primary Examiner, Art Unit 2476
