DETAILED ACTION
I. This office action is in response to the correspondence filed on September 5, 2024. Claims 1-18 are pending and being examined.
Notice of Pre-AIA or AIA Status
II. The present application is being examined under the pre-AIA first to invent provisions.
Allowable Subject Matter
III. The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art found is Pica et al. (US 2011/0182271 A1) Zhang et al. (US 2010/0222060 A1), and Kim et al. (US 2010/0014429 A1).
Pica teaches a serving base station (see paragraph [0033]) sending a measurement control messages to a terminal, prompting the terminal to perform measurements (see paragraph [0035]), and wherein the terminal device generates a measurement report for a plurality of neighbor cells (see claim 13, the apparatus comprises means for generating a measurement report indicating target cell as a handover candidate cell).
Zhang teaches wherein a measurement report may report measured results on a component carrier in the case of carrier aggregation (see paragraph [0079]).
Kim teaches a measurement information reporting method for handover in a terminal (see paragraph [0058]) including a terminal receiving neighbor cell information and handover-related information from a serving base station (see paragraph [0059]), wherein an RRC connection with the serving base station is used to report measurement information about the neighbor cells (see paragraph [0061]).
Claim 1 contains allowable subject matter because Pica, Zhang, and Kim do not teach the apparatus caused to contain information of one or more cells of the cells to be accessed in a radio resource control (RRC) connection reconfigure message carrying mobility control information, and send the RRC connection reconfigure message to the terminal device, in order to hand over the terminal device to the destination base station; determine one cell to be accessed as a primary cell to be accessed, and contain only activation information of the primary cell to be access in the RRC connection reconfigure message, in order that the terminal device enters one-cell mode firstly after being handed over; and configure the terminal device, after accessing to the primary cell to be accessed, to access to other cells to be accessed by adding and activating one or more component carriers, wherein, the at least one memory and the code are configured, with the at least one processor, to cause the apparatus to at least: contain the information of one or more cells of the cells to be accessed in a handover request, and send the handover request to the destination base station for access control estimation.
Claim 9 contains allowable subject matter because Pica, Zhang, and Kim do not teach the apparatus caused to receive, from the base station, a radio resource control (RRC) connection reconfigure message carrying mobility control information which contains information of one or more cells of the cells to be accessed, in order to hand over to the destination base station; determine one cell to be accessed as a primary cell to be accessed after hand over so as to entering one-cell mode firstly, wherein the base station contains only activation information of the primary cell to be accessed in the RRC connection reconfigure message; and after accessing to the primary cell to be accessed, access to other cells to be accessed by adding and activating one or more component carriers.
Claim 15 contains allowable subject matter because Pica, Zhang, and Kim do not teach the base station selecting one or more candidate cells to be accessed for the terminal device from all cells belonging to the destination base station in the plurality of neighbor cells; and sending to the terminal device a radio resource control (RRC) connection reconfigure message carrying mobility control information which contains information of one or more cells of the cells belonging to the destination base station to be accessed, in order to hand over the terminal device to the destination base station,
wherein, the terminal device establishes an access to all cells, of the one or more cells of the cells belonging to the destination base station to be accessed, at a time after being handed over, and enters a carrier aggregation mode immediately upon establishing the access to the all cells, of the one or more cells of the cells belonging to the destination base station to be accessed.
Claims 1 and 9 may be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
IV. Claims 15-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,114,221 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the 12,114,221 patent teach similar limitations on serving a terminal in a carrier aggregation manner through a plurality of cells.
Claim Mapping:
Claim 15 of the instant application and claim 1 of U.S. Patent 12,114,221 is mapped below.
Instant Application
Patent No. 12,114,221
Claim 15. A method performed by a base station, comprising:
serving a terminal device in a carrier aggregation manner through a plurality of cells;
receiving from the terminal device measurement reports for a plurality of neighbor cells;
determining, based on the measurement reports, a destination base station to which the terminal device is to be handed over;
selecting one or more candidate cells to be accessed for the terminal device from all cells belonging to the destination base station in the plurality of neighbor cells; and
sending to the terminal device a radio resource control (RRC) connection reconfigure message carrying mobility control information which contains information of one or more cells of the cells belonging to the destination base station to be accessed, in order to hand over the terminal device to the destination base station,
wherein, the terminal device establishes an access to all cells, of the one or more cells of the cells belonging to the destination base station to be accessed, at a time after being handed over, and enters a carrier aggregation mode immediately upon establishing the access to the all cells, of the one or more cells of the cells belonging to the destination base station to be accessed.
Claim 1. An electronic device comprising a circuit configured to:
serve a terminal device in a carrier aggregation manner through a plurality of cells;
receive from the terminal device measurement reports for a plurality of neighbor cells;
determine, based on the measurement reports, a destination base station to which the terminal device is to be handed over;
select one or more candidate cells to be accessed for the terminal device from all cells belonging to the destination base station in the plurality of neighbor cells; and
send to the terminal device, a radio resource control (RRC) connection reconfigure message carrying mobility control information which contains information of one or more cells of the cells belonging to the destination base station to be accessed, in order to hand over the terminal device to the destination base station,
wherein, the terminal device establishes an access to all cells, of the one or more cells of the cells belonging to the destination base station to be accessed, at a time after being handed over, and enters a carrier aggregation mode immediately upon establishing the access to the all cells, of the one or more cells of the cells belonging to the destination base station to be accessed.
Claims 16-18 are also rejected under obviousness-type double patenting by claims 1-4 respectively of the 11,900,023 patent.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
V. Claims 1-14 are rejected under 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “contain information of one or more cells of the cells to be accessed” in line 9. It is unclear what “cells to be accessed” the limitation is referring to because the claim does not earlier recite cells to be accessed. The limitation renders the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2-8 depend on claim 1 and are rejected for indefiniteness under 35 U.S.C. 112 (pre-AIA ), second paragraph for the same reasons given above regarding claim 1.
Claim 9 recites “contains information of one or more cells of the cells to be accessed” in lines 14-15. It is unclear what “cells to be accessed” the limitation is referring to because the claim does not earlier recite cells to be accessed. The limitation renders the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 10-14 depend on claim 9 and are rejected for indefiniteness under 35 U.S.C. 112 (pre-AIA ), second paragraph for the same reasons given above regarding claim 9.
Claim Objections
VI. Claims 1 and 9 are objected to because of the following informalities:
Claim 1 recites “configure the terminal device, after accessing to the primary cell to be accessed, to access [[to]] other cells to be accessed” in lines 17-18. This appears to be a typographical error and should be changed to - configure the terminal device, after accessing to the primary cell to be accessed, to access other cells to be accessed –
Claim 9 recites “after accessing to the primary cell to be accessed, access [[to]] other cells to be accessed” in line 19. This appears to be a typographical error and should be changed to - after accessing to the primary cell to be accessed, access other cells to be accessed –
Appropriate correction is required.
Conclusion
VII. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/Primary Examiner, Art Unit 2647
September 1, 2026
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