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 .
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).
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1. Patent No. US 11470519 B2
Claims 1-6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-11 of Patent No. US 11470519 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in pending application are transparently found in Patent No. US 11470519 B2 with obvious wording variation. For example, compare Claim 4 of pending application with claim 10 of Patent No. US 11470519 B2, they both recite
A method for performing a handover procedure of a user equipment from a source base station to a target base station, the method comprising (A method for performing a handover procedure of a user equipment in a mobile communication system from a source base station to a target base station, the method comprising):
transmitting from the source base station a handover command message to the user equipment (receiving at the user equipment from the source base station a handover command message);
receiving at the user equipment from the source base station the handover command message including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part (receiving at the user equipment from the source base station a handover command message including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station, wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part) different from the first bandwidth part within a cell bandwidth of the target base station (the source base station a handover command message including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station),
wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part (wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part); and
upon reception of the handover command message, the user equipment activating the first bandwidth part or the second bandwidth part indicated by the bandwidth part index, and communicating, over the activated first bandwidth part or the activated second bandwidth part, with the target base station as part of the handover procedure (and upon reception of the handover command message, the user equipment activating the first bandwidth part or the second bandwidth part indicated by the bandwidth part index, and communicating, over the activated first bandwidth part or the activated second bandwidth part, with the target base station as part of the handover procedure);
wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence (wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence).
Further, analyzing and comparing dependent claims 5 and 6 of the pending application with claims 10 of Patent No. US 11470519 B2 it was found that they recite the same limitation with wording changes.
Similarly, analyzing and comparing independent claims 1-3 of the pending application including its dependent claims with claims 1 and 2 including its dependent claims of Patent No. US 11470519 B2 it was found that they recite the same limitation with wording changes.
2. Patent No. US 11792699 B2
Claim 1-6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-6 of Patent No. Patent No. US 11792699 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in pending application are transparently found in Patent No. US 11792699 B2 with obvious wording variation. For example, compare Claim 4 of pending application with claim 4 of Patent No. US 11792699 B2, they both recite
A method for performing a handover procedure of a user equipment from a source base station to a target base station, the method comprising (A method for performing a handover procedure of a user equipment in a mobile communication system from a source base station to a target base station, the method comprising):
transmitting from the source base station a handover command message to the user equipment (receiving at the user equipment from the source base station a handover command message);
receiving at the user equipment from the source base station the handover command message including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station, wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part (receiving at the user equipment from the source base station a handover command message including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station, wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part); and
upon reception of the handover command message, the user equipment activating the first bandwidth part or the second bandwidth part indicated by the bandwidth part index, and communicating, over the activated first bandwidth part or the activated second bandwidth part, with the target base station as part of the handover procedure (upon reception of the handover command message, the user equipment activating the first bandwidth part or the second bandwidth part indicated by the bandwidth part index, and communicating, over the activated first bandwidth part or the activated second bandwidth part, with the target base station as part of the handover procedure);
wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence (wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence).
Further, analyzing and comparing dependent claims 5 and 6 of the pending application with claims 3 and 5 of Patent No. US 11792699 B2 it was found that they recite the same limitation with wording changes.
Similarly, analyzing and comparing independent claims 1 of the pending application including its dependent claims with claims 1 including its dependent claims of Patent No. US 11792699 B2 it was found that they recite the same limitation with wording changes.
3. Patent No. US 12114214 B2
Claim 1-6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-7 of Patent No. US 12114214 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in pending application are transparently found in Patent No. US 12114214 B2 with obvious wording variation. For example, compare Claim 1 of pending application with claim 1 of Patent No. US 12114214 B2, they both recite
A communication system including a user equipment and a source base station for performing a handover procedure from the source base station to a target base station, the communication system comprising ( An integrated circuit for controlling a target base station to perform a handover procedure of a user equipment from a source base station):
the user equipment comprising (the integrated circuit comprising):
a transceiver, which, in operation, receives from the source base station a handover command message (received by the source base station is transmitted in a handover command message from the source base station to the user equipment ) including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station, wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part (receives from the source base station a handover request message which includes a traffic status of the user equipment and which includes information regarding the user equipment's capability to communicate with the target base station over a first bandwidth part and a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station); and
a processor, which, in operation and upon reception of the handover command message, activates in the transceiver the first bandwidth part or the second bandwidth part indicated by the bandwidth part index, and controls the transceiver to perform, over the activated first bandwidth part or the activated second bandwidth part (processing circuitry, which, in operation and upon reception of the handover request message, selects a bandwidth part index indicative of the first bandwidth part or the second bandwidth part, controls the transceiver circuitry to configure for the user equipment at least the first bandwidth part and the second bandwidth part), communication with the target base station as part of the handover procedure (user equipment's capability to communicate with the target base station over a first bandwidth part and a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station);
wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence (wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence), and the source base station comprising:
a base station transceiver, which, in operation, transmits the handover command message to the user equipment (the source base station is transmitted in a handover command message from the source base station to the user equipment to activate the first bandwidth part or the second bandwidth part corresponding to the bandwidth part index).
Further, analyzing and comparing dependent claims 2-3 of the pending application with claims 2-7 of Patent No. US 12114214 B2 it was found that they recite the same limitation with wording changes.
Note the issued claims of Patent No. US 11470519 B2, Patent No. US 11792699 B2 and Patent No. US 12114214 B2 are narrower in scope such that the claimed limitations as recited in pending application are encompassed by Patent No. US 11470519 B2, Patent No. US 11792699 B2 and Patent No. US 12114214 B2 respectively.
Allowable Subject Matter
Claim 1-6 are allowed.
The following is an examiner’s statement of reasons for allowance:
Applicant's invention is drawn to a mobile terminal for performing a handover procedure in a mobile communication system from a source to a target base station. The target base station is configured for the mobile terminal with at least a first and a different second bandwidth part within its cell bandwidth. The mobile terminal comprises: a transceiver which, in operation, receives from the source base station a handover command message including information regarding the configured at least first and second bandwidth part; and a processor which, in operation and upon reception of the handover command message, activates in the transceiver at least a selected one of the configured at least first or second bandwidth part, and controls the transceiver to perform, over the activated at least one of the configured at least first or second bandwidth part, communication with the target base station as part of the handover procedure.
The closest prior art of record fail to teach the limitation of “a transceiver, which, in operation, receives from the source base station a handover command message including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station, wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part; and a processor, which, in operation and upon reception of the handover command message, activates in the transceiver the first bandwidth part or the second bandwidth part indicated by the bandwidth part index, and controls the transceiver to perform, over the activated first bandwidth part or the activated second bandwidth part, communication with the target base station as part of the handover procedure; wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence, and the source base station comprising: a base station transceiver, which, in operation, transmits the handover command message to the user equipment”.
Applicant’s independent claim 1 comprises a particular combination of elements, which is neither taught nor suggested by the prior art.
Similarly, other independent claim 4 comprises a particular combination of elements with analogous wording variations, which are neither taught nor suggested by prior art as a whole claim.
Dependent claims are deemed allowable for the same reasons as corresponding independent claims.
3GPP TSG-RAN WG2 Meeting #100 Vancouver, Canada, Jan 22th – 26th, 2018 Agenda Item 10.4.1.5.3 Title BWP configuration during handover R2- 1801270 teaches BWP configuration during handover and discusses remaining issues for handover procedure. This document discuss how to identify target cell in handover command and then discuss how to configure BWP to perform RACH in target cell.
3GPP TSG RAN WG1 #91 Reno, NV, USA, November 27th – December 1st 2017 Agenda item: 7.3.4.1 Title: Open Issues on BWP Document No. R1-1720693 teaches some aspect of UE power saving and the connections to BWP and issues on BWP that include support for time-domain power saving techiques.
Fatuki et al. Pub. No. US 20190182716 A1 teaches a radio access network (RAN) node (11) is configured to send, to another RAN node (12), first control information regarding at least one of one or more bandwidth parts (BWPs) configured in a system bandwidth. It is thus, for example, possible to contribute to inter-radio access network (RAN) node (e.g., inter-gNB) signaling enhanced to handle bandwidth parts.
Jin et al. Pub. No. US 20190149421 A1 teaches receiving configuration information on the BWP of a serving cell, from a base station. The configuration information includes information associated with a BWP timer. The identification is made whether a physical downlink control channel (PDCCH) for a BWP switching of the serving cell is received. The BWP switching and starting the BWP timer is performed when the PDCCH for the BWP switching of the serving cell is received. A message associated with a handover is received from the base station. The message includes information on the BWP of a target cell. A random access procedure is performed on the target cell, based on the information on the BWP of the target cell.
However, cited reference, alone or in combination, neither disclose nor suggest combination of features specifically a transceiver, which, in operation, receives from the source base station a handover command message including a bandwidth part index indicative of a first bandwidth part or a second bandwidth part different from the first bandwidth part within a cell bandwidth of the target base station, wherein the target base station is configured for the user equipment with at least the first bandwidth part and the second bandwidth part; and a processor, which, in operation and upon reception of the handover command message, activates in the transceiver the first bandwidth part or the second bandwidth part indicated by the bandwidth part index, and controls the transceiver to perform, over the activated first bandwidth part or the activated second bandwidth part, communication with the target base station as part of the handover procedure; wherein the handover command message includes a specific sequence of information, and the bandwidth part index to activate the first bandwidth part or the second bandwidth part is included at a specific position in the specific sequence, and the source base station comprising: a base station transceiver, which, in operation, transmits the handover command message to the user equipment.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fatuki et al. Pub. No. US 20190182716 A1 - RADIO ACCESS NETWORK NODE, AND METHOD AND NON-TRANSITORY COMPUTER READABLE MEDIUM THEREFOR
Jin et al. Pub. No. US 20190149421 A1 - Method for operating bandwidth part (BWP) by user equipment (UE) in communication system, involves receiving message associated with handover, and performing random access procedure on target cell, based on information on BWP of target cell
Yang et al. Pub. No. US 20130107862 A1 - METHOD AND APPARATUS FOR HANDOVER IN WIRELESS COMMUNICATION NETWORK WITH CARRIER AGGREGATION
Jung et al. Pub. No. US 20120113943 A1 - HANDOVER METHOD IN WIRELESS COMMUNICATION SYSTEM
3GPP TSG-RAN WG2 Meeting #100 Vancouver, Canada, Jan 22th – 26th, 2018 Agenda Item 10.4.1.5.3 Title BWP configuration during handover Document No. R2- 1801270
3GPP TSG RAN WG1 #91 Reno, NV, USA, November 27th – December 1st 2017 Agenda item: 7.3.4.1 Title: Open Issues on BWP Document No. R1-1720693
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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/NIZAR N SIVJI/ Primary Examiner, Art Unit 2647
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