DETAILED ACTION
Claim(s) 1-20 are presented for examination.
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 .
Priority
As required by M.P.E.P.201.14(c), acknowledgement is made to applicant’s claim for priority based on application(s) CN202011638559.9 submitted on December 31st, 2020.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on November 7th, 2024 follow the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
[0001] This application is the continuation of the United States patent application No.17/560,299, filed on December 23,2021, now issued as Patent (US 12,120,645 B2) which claims the priority benefit of Chinese Patent Application No.202011638559.9, filed on December 31,2020, the full disclosure of which is incorporated herein by reference. Appropriate correction is required.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed (i.e. CONDITIONAL HANDOVER (CHO) PROCEDURE IN NON-TERRESTIAL WIRELESS NETWORKS (NTN)”.
The abstract of the disclosure is objected to because it contains a legal phraseology “comprises” and/or “comprising” in line 3 and line 8. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. Correction is required. See MPEP § 608.01(b).
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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Claim(s) 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 1-19 of Yu et al. (US 12,120,645 B2) hereinafter “Yu”. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application merely broadens the scope of the issued Patent by eliminating the elements and their functions of the claims.
Note that the applicant’s filing of the continuing or instant application is voluntary and not the direct, unmodified result of a restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the continuing or instant application are drawn to the “same invention” as the issued Patent.
Regarding Claims 1, 16 and 20 although the conflicting claims at issue are not identical, they are not patentably distinct from each other because Claims 1, 16 and 20 of the instant application merely broaden the scope of Claims 1, 15 and 17 of the issued Patent by eliminating the elements and their functions of the claims as set forth below:
(Instant application: 18/823,727)
Yu et al. (US 12,120,645 B2)
Regarding Claim 1,
A first node for wireless communications, comprising: a first receiver, receiving multiple pieces of configuration sub-information, of which each piece of configuration sub-information comprises one execution condition and one configuration set, wherein the multiple pieces of configuration sub-information are used for Conditional Reconfiguration, the Conditional Reconfiguration comprises Conditional Handover (CHO), or the Conditional Reconfiguration comprises Conditional PSCell Change (CPC); and
a first transmitter, in instances when the execution condition in first configuration sub-information is fulfilled, applying the configuration set in the first configuration sub-information, and transmitting a first message;
the first receiver, in instances when a first condition set is fulfilled after transmitting the first message, maintaining a subset of the multiple pieces of configuration sub-information, the subset of the multiple pieces of configuration sub-information at least comprising second configuration sub-information;
wherein the first configuration sub-information is any of the multiple pieces of configuration sub-information, and the second configuration sub-information is one of the multiple pieces of configuration sub-information other than the first configuration sub-information;
the first configuration sub-information is associated with a first cell, while the second configuration sub-information is associated with a second cell;
the first message is used to indicate completion of a radio link control reconfiguration;
a condition in the first condition set comprises transmitting the first message;
the action of maintaining a subset of the multiple pieces of configuration sub-information comprises: maintaining the subset of the multiple pieces of configuration sub-information stored in VarConditionalReconfig or VarConditionalReconfiguration; the maintaining includes not removing; the meaning includes removing.
Regarding Claim 1,
A first node for wireless communications, comprising: a first receiver, receiving multiple pieces of configuration sub-information, of which each piece of configuration sub-information comprises one execution condition and one configuration set; and
a first transmitter, in instances when the execution condition in first configuration sub-information is fulfilled, applying the configuration set in the first configuration sub-information, and transmitting a first message;
the first receiver, in instances when a first condition set is fulfilled after transmitting the first message, maintaining a subset of the multiple pieces of configuration sub-information, the subset of the multiple pieces of configuration sub-information at least comprising second configuration sub-information;
the first receiver, receiving third configuration sub-information; as a response to the action of receiving the third configuration sub-information, releasing the subset of the multiple pieces of configuration sub-information;
wherein the first configuration sub-information is any of the multiple pieces of configuration sub-information, and the second configuration sub-information is one of the multiple pieces of configuration sub-information other than the first configuration sub-information;
the first configuration sub-information is associated with a first cell, while the second configuration sub-information is associated with a second cell;
the first message is used to indicate completion of a radio link control reconfiguration;
a condition in the first condition set comprises transmitting the first message;
the third configuration sub-information comprises one execution condition and one configuration set, and the third configuration sub-information is different from any of the multiple pieces of configuration sub-information, the third configuration sub-information being associated with a third cell.
Regarding Claim 16,
A second node for wireless communications, comprising: a second transmitter, transmitting multiple pieces of configuration sub-information, of which each piece of configuration sub-information comprises one execution condition and one configuration set, wherein the multiple pieces of configuration sub-information are used for Conditional Reconfiguration, the Conditional Reconfiguration comprises Conditional Handover (CHO), or the Conditional Reconfiguration comprises Conditional PSCell Change (CPC);
wherein when the execution condition in first configuration sub-information is fulfilled, the configuration set in the first configuration sub-information is applied and a first message is transmitted;
when a first condition set is fulfilled after transmission of the first message, a subset of the multiple pieces of configuration sub-information is maintained and the first configuration sub-information is released, the subset of the multiple pieces of configuration sub-information at least comprises second configuration sub-information;
the first configuration sub-information is any of the multiple pieces of configuration sub-information, and the second configuration sub-information is one of the multiple pieces of configuration sub-information other than the first configuration sub-information;
the first configuration sub-information is associated with a first cell, while the second configuration sub-information is associated with a second cell;
the first message is used to indicate completion of a radio link control reconfiguration;
a condition in the first condition set comprises transmitting the first message;
the action of maintaining a subset of the multiple pieces of configuration sub-information comprises: maintaining the subset of the multiple pieces of configuration sub-information stored in VarConditionalReconfig or VarConditionalReconfiguration; the maintaining includes not removing; the meaning includes removing.
Regarding Claim 15,
A second node for wireless communications, comprising: a second transmitter, transmitting multiple pieces of configuration sub-information, of which each piece of configuration sub-information comprises one execution condition and one configuration set;
the second transmitter, transmitting third configuration sub-information;
wherein when the execution condition in first configuration sub-information is fulfilled, the configuration set in the first configuration sub-information is applied and a first message is transmitted;
when a first condition set is fulfilled after transmission of the first message, a subset of the multiple pieces of configuration sub-information is maintained, the subset of the multiple pieces of configuration sub-information at least comprises second configuration sub-information;
the first configuration sub-information is any of the multiple pieces of configuration sub-information, and the second configuration sub-information is one of the multiple pieces of configuration sub-information other than the first configuration sub-information;
the first configuration sub-information is associated with a first cell, while the second configuration sub-information is associated with a second cell;
the first message is used to indicate completion of a radio link control reconfiguration;
a condition in the first condition set comprises transmitting the first message;
as a response to the third configuration sub-information is received, the subset of the multiple pieces of configuration sub-information is released; the third configuration sub-information comprises one execution condition and one configuration set, and the third configuration sub-information is different from any of the multiple pieces of configuration sub-information, the third configuration sub-information being associated with a third cell.
Regarding Claim 20,
A method in a first node for wireless communications, comprising: receiving multiple pieces of configuration sub-information, of which each piece of configuration sub-information comprises one execution condition and one configuration set, wherein the multiple pieces of configuration sub-information are used for Conditional Reconfiguration, the Conditional Reconfiguration comprises Conditional Handover (CHO), or the Conditional Reconfiguration comprises Conditional PSCell Change (CPC); and
in instances when the execution condition in first configuration sub-information is fulfilled, applying the configuration set in the first configuration sub-information, and transmitting a first message;
in instances when a first condition set is fulfilled after transmitting the first message, maintaining a subset of the multiple pieces of configuration sub-information and releasing the first configuration sub-information, the subset of the multiple pieces of configuration sub-information at least comprising second configuration sub-information;
wherein the first configuration sub-information is any of the multiple pieces of configuration sub-information, and the second configuration sub-information is one of the multiple pieces of configuration sub-information other than the first configuration sub-information; the first configuration sub-information is associated with a first cell, while the second configuration sub-information is associated with a second cell; the first message is used to indicate completion of a radio link control reconfiguration;
a condition in the first condition set comprises transmitting the first message; the action of maintaining a subset of the multiple pieces of configuration sub-information comprises: maintaining the subset of the multiple pieces of configuration sub-information stored in VarConditionalReconfig or VarConditionalReconfiguration; the maintaining includes not removing; the meaning includes removing.
Regarding Claim 17,
A method in a first node for wireless communications, comprising: receiving multiple pieces of configuration sub-information, of which each piece of configuration sub-information comprises one execution condition and one configuration set; and
in instances when the execution condition in first configuration sub-information is fulfilled, applying the configuration set in the first configuration sub-information, and transmitting a first message;
in instances when a first condition set is fulfilled after transmitting the first message, maintaining a subset of the multiple pieces of configuration sub-information, the subset of the multiple pieces of configuration sub-information at least comprising second configuration sub-information;
receiving third configuration sub-information; as a response to the action of receiving the third configuration sub-information, releasing the subset of the multiple pieces of configuration sub-information;
wherein the first configuration sub-information is any of the multiple pieces of configuration sub-information, and the second configuration sub-information is one of the multiple pieces of configuration sub-information other than the first configuration sub-information;
the first configuration sub-information is associated with a first cell, while the second configuration sub-information is associated with a second cell;
the first message is used to indicate completion of a radio link control reconfiguration; a condition in the first condition set comprises transmitting the first message;
the third configuration sub-information comprises one execution condition and one configuration set, and the third configuration sub-information is different from any of the multiple pieces of configuration sub-information, the third configuration sub-information being associated with a third cell.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because Claims 1, 16 and 20 of the instant application merely broaden the scope of Claims 1, 15 and 17 of the issued Patent by eliminating the italicized portion(s) of the claim limitations.
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd.App.1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art. Moreover, the doctrine of double patenting seeks to prevent the unjustified extension of Patent exclusivity beyond the term of a Patent.
Claim(s) 2-15 and 17-19 are also rejected on the ground of nonstatutory obviousness-type double patenting for being dependent on a rejected base claim as set forth above.
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second(instant) application are drawn to the “same invention” as the first application or patent.
Allowable Subject Matter
Claim(s) 1-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
(i) Independent claims 1, 16 and 20 are allowable over prior art since none of the prior art taken individually or in combination particularly discloses, fairly suggests, or renders obvious the following italic limitations:
In claims 1, 16 and 20 … “the action of maintaining a subset of the multiple pieces of configuration sub-information comprises: maintaining the subset of the multiple pieces of configuration sub-information stored in VarConditionalReconfig or VarConditionalReconfiguration; the maintaining includes not removing; the meaning includes removing …” … in combination with other limitations recited as specified in claims 1, 16 and 20.
Note that the first closest prior art SHI et al. (US 2022/0225191 A1) hereinafter “Shi” discloses a first node for wireless communications [see fig. 1, pg. 5. ¶153 lines 3-20, a network device or user equipment (UE) “10”], comprising:
a first receiver [see fig. 1, pg. 5. ¶153 lines 3-20, a communication unit or transceiver “120”], receiving multiple pieces of configuration sub-information [see fig. 3: Step “350”, pg. 6. ¶166 lines 1-5, receiving, a RRC message with a conditional handover (CHO) configuration from a source cell], of which each piece of configuration sub-information comprises one execution condition and one configuration set [see fig. 3: Step “350”, pg. 6. ¶166 lines 1-5, the CHO configuration includes configuration information of the target cell and at least one corresponding CHO execution condition of the target cell]; and
a first transmitter [see fig. 1, pg. 5. ¶153 lines 3-20, a communication unit or transceiver “120”], in instances when the execution condition in first configuration sub-information is fulfilled [see fig. 3: Step “360”, pg. 6. ¶167 lines 1-7, when the at least one CHO execution condition is fulfilled], applying the configuration set in the first configuration sub-information [see fig. 3: Step “360”, pg. 6. ¶167 lines 1-7, applying the corresponding configuration information received in the step “350”], and transmitting a first message [see fig. 3: Step(s) “360” / “370”, pg. 6. ¶167 lines 1-7; ¶168 line 1, and perform a handover to the target cell for accessing the target cell].
However, Shi fails to disclose or render obvious the above italic limitations as claimed.
Note that the second closest prior art Da Silva et al. (US 2022/0408325 A1) hereinafter “Da Silva” discloses receiving multiple pieces of configuration sub-information [see fig. 2B: Step “250”, pg. 6. ¶85 lines 1-9, receiving, from a master node “12A” for multi-connectivity operation, a configuration message “20” which includes a master configuration “28” and one or more conditional PSCell configurations “22”], of which each piece of configuration sub-information comprises one execution condition and one configuration set [see fig. 2B: Step “250”, pg. 6. ¶85 lines 9-19, the configuration message “20” for example, include a master configuration “28” and a conditional reconfiguration (e.g., RRCReconfiguration) that includes the one or more conditional PSCell configurations “22”]; and
in instances when the execution condition in first configuration sub-information is fulfilled [see fig. 2B: Step “250”, pg. 6. ¶85 lines 9-19, when an associated condition is fulfilled], applying the configuration set in the first configuration sub-information [see fig. 2B: Step “250”, pg. 6. ¶85 lines 9-19, the wireless device “18” is to apply each conditional PSCell configuration “22” comprising a PSCell configuration], and transmitting a first message [see fig. 2B: Step “260”, pg. 6. ¶86 lines 1-6, and transmit a first message “26” in response to the configuration message “20”];
in instances when a first condition set is fulfilled after transmitting the first message [see fig. 2B: Step “265”, pgs. 6-7, ¶87 lines 1-9; ¶88 lines 1-10, after transmitting the first message “26”, when the condition for applying the PSCell configuration of at least one of the one or more conditional PSCell configurations “22” is fulfilled], maintaining a subset of the multiple pieces of configuration sub-information [see fig. 2B: Step “265”, pgs. 6-7, ¶87 lines 1-9; ¶88 lines 1-10, applying the PSCell configuration of at least one of the one or more conditional PSCell configurations “22”], the subset of the multiple pieces of configuration sub-information at least comprising second configuration sub-information [see fig. 2B: Step “265”, pgs. 6-7, ¶87 lines 1-9; ¶88 lines 1-10, the indication “24” included in the second message “30” indicates that the wireless device “18” has applied the PSCell configuration of at least one of the one or more conditional PSCell configurations “22”];
wherein the first configuration sub-information is any of the multiple pieces of configuration sub-information [see pg. 6. ¶85 lines 13-19, the configuration message “20” is, for example, include a master configuration “28” and a conditional reconfiguration (e.g., RRCReconfiguration) that includes the one or more conditional PSCell configurations “22”], and the second configuration sub-information is one of the multiple pieces of configuration sub-information other than the first configuration sub-information [see pg. 6. ¶85 lines 13-19, each conditional PSCell configuration “22” comprises a PSCell configuration that the wireless device “18” is to apply when an associated condition is fulfilled];
the first configuration sub-information is associated with a first cell [see pg. 6, ¶85 lines 1-19, the configuration message “20” includes a master configuration “28” and one or more conditional PSCell configurations “22”], while the second configuration sub-information is associated with a second cell [see pg. 6, ¶85 lines 1-19, each PSCell configuration is a configuration of a primary cell of a secondary cell group (PSCell) associated with a secondary node (e.g., node “12B”) for multi-connectivity operation];
the first message is used to indicate completion of a radio link control reconfiguration [see pg. 6, ¶85 lines 1-4, the first message is a first Radio Resource Control, RRC, Reconfiguration Complete message or a first RRC Connection Reconfiguration Complete message];
a condition in the first condition set comprises transmitting the first message [see pg. 7, ¶89 lines 4-14, the first message is transmitted based on identifying that the configuration message includes the master configuration and based on evaluating that the condition has not been fulfilled for any of the one or more conditional PSCell configurations].
However, Da Silva fails to disclose or render obvious the above italic limitations as claimed.
Note that the third closest prior art CHEN et al. (US 2019/0349938 A1) discloses a first node for wireless communications [see fig. 3: Step “S130”, pg. 7, ¶97 lines 1-3, a terminal device], comprising:
receiving multiple pieces of configuration sub-information [see fig. 3: Step “S130”, pg. 7, ¶97 lines 1-3, receiving the at least two pieces of target sub-configuration information sent by the network side device], of which each piece of configuration sub-information comprises one execution condition and one configuration set [see fig. 3: Step “S140”, pg. 7, ¶98 lines 1-4, the terminal device determines, according to the co-location rule, that the at least two target signals corresponding to the at least two pieces of target sub-configuration information are quasi co-located].
However, Chen fails to disclose or render obvious the above italic limitations as claimed.
Thus, Shi, Da Silva and Chen taken individually or in-combination fails to particularly disclose, fairly suggest, or render obvious the above italic limitations as claimed.
Claim(s) 2-15 and 17-19 are also allowed for being dependent on an allowable base claim as set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent Publication Document: Park et al. (US 2022/0255591 A1); see fig. 28, pgs. 35-37, ¶374-¶384.
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/RUSHIL P. SAMPAT/Primary Examiner- TC 2400, Art Unit 2469
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