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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6, 9, 11, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shukair et al. US Patent Pub. No.:20170055197 A1, hereinafter, ‘Shukair’.
Consider Claim 1, similar rationale is applied the corresponding method of independent Claim 15 and NTCRM of independent Claim 16, Shukair teaches a first communication device comprising one or more memories storing instructions and one or more processors configured to execute the instructions (e.g., The stated features are met by exemplary architecture illustrated in at least figure 1) to: acquisition means for acquiring acquire an index related to a distance between the first communication device and a terminal device (e.g., see at least 0016 – “a means for determining a distance between the source access point and the user equipment” ); determine, when requested for a voice service by the terminal device, whether to switch a communication device that provides the voice service to the terminal device, from the first communication device to a second communication device having a wireless communication scheme different from the first communication device, based on the index (figures 4, 0056 – see circuit-switched fallback procedure (CSFB)- “FIG. 5 illustrates a situation where the first RAN 402 is configured to provide telephony services, such as VoLTE, but, due to a gap in service, the mobile terminating or mobile originating voice call is transferred from the first RAN 402 to the second RAN 403 while the voice call is in progress” addt’l description is further noted in 0058, 0083- network options, 0090- handover procedure, 0058 and 0125).
Consider Claim 2, Shukair teaches wherein it is determined to switch a communication device that provides the voice service to the terminal device, from the first communication device to the second communication device, when the index is relevant to the distance longer than a predetermined threshold value (e.g., see at least 0090 –“configured to evaluate the RF conditions and compare the conditions to the thresholds value in accordance with the disclosure herein…”, 0125 –“…method 1100 determines the threshold value was not exceeded…” see RAN switching in at 0056 and 0058 ).
Consider Claim 3, Shukair teaches wherein it is determined not to switch a communication device that provides the voice service to the terminal device, from the first communication device to the second communication device, but to keep the first communication device, when the index is relevant to the distance equal to or less than the predetermined threshold value (e.g., see at least 0109 “ At block 1050, the telecommunications network compares the one or more RF conditions of the communication between the UE and the source AP with a threshold value based on the RF conditions. The threshold value may be determined in a substantially similar manner as to the threshold of block 950 of FIG. 9. However, the telecommunications network or a component thereof is configured to receive, store, maintain, and adjust the threshold value” see also 0110 and 0119).
Consider Claim 6, Shukair teaches wherein the processors are configured to execute the instructions to transmit a reference signal to the terminal device, and receive the measurement report of the reference signal from the terminal device (e.g., see at least 0054 – “IRAT measurements of signal strength may include, but are not limited to such as a reference signal received power (RSRP), reference signal received quality (RSRQ), and/or signal-to-interference-plus-noise ratio (SINR).”).
Consider Claim 9, Shukair teaches wherein the measurement report includes at least one of information for identifying a cell in which the terminal device camps, received power of the reference signal, and received quality of the reference signal e.g., see at least 0054 – “IRAT measurements of signal strength may include, but are not limited to such as a reference signal received power (RSRP), reference signal received quality (RSRQ), and/or signal-to-interference-plus-noise ratio (SINR).”).
Consider Claim 11, Shukair teaches wherein when it is determined to switch a communication device that provides the voice service to the terminal device, from the first communication device to the second communication device, processing of inter-system handover or fallback is performed (e.g., this is met bet on switching of an access point instructed by a source access point includes handover or fallback between different radio access technologies (RATs) as noted in 0054 and 0073).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shukair et al. US Patent Pub. No.:20170055197 A1, hereinafter, ‘Shukair’ in view of Hara US Patent Pub. No.: 20130088996 A1.
Consider Claim 4, Shukair teaches the claimed invention except wherein the index is a number of antenna elements being used for forming a beam for use in communication with the terminal device.
In analogous art, Hara teaches to cope with high-speed radio communication, configurations in which transmission and reception stations use a plurality of antennas are widely used. A system in which transmission and reception stations include a plurality of antennas is called MIMO (Multi-Input Multi-Output) system. It is widely known that there is an advantage that a plurality of signals can be spatially multiplexed in the MIMO system – 0166. Paragraph 0073 teaches transmission modes “particularly effective when the terminal can form transmission beams using a plurality of antennas. This is because, when the terminal uses a transmission beam, it is possible to transmit a signal with strong electric power only in the direction of a radio station that receives data. Because it is possible to reduce interference with the other radio stations, it is possible to establish a radio link independently for each of the radio stations using different transmission beams and realize high radio transmission efficiency” and finally paragraph 0010 teaches when a terminal and partner base stations to which the terminal transmits different data during handover include a plurality of antennas, it is desirable to realize a configuration that determines the number of multiple signals in a range in which the terminal can spatially multiplex signals.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date, using simple substitution, and try the teachings of Hara to arrive at the predictable result wherein acquisition means for acquiring acquire i.e., a number of antenna elements being used for forming a beam for use in communication with the terminal device related to a distance between the first communication device and a terminal device] for the purpose of high speed transmission.
Claim(s) 5, 7, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shukair et al. US Patent Pub. No.:20170055197 A1, hereinafter, ‘Shukair’ in view of Lu et al. US Patent Pub. No.: 20170033842 A1., hereinafter, ‘Lu’.
Consider Claim 5, Shukair teaches wherein the processors are configured to execute the instructions to: receive a measurement report from the terminal device (e.g., see 0108 -0109 measurements).
Shukair does not teach an estimate, as the index, a location of the terminal device from the measurement report.
In analogous art, Lu teaches in paragraph 0029 – “a network node comprising: means for sending, by the network node when connected to a plurality of remote radio head devices each comprising a first antenna device which can be used for a first MIMO, multiple input multiple output, stream and a second antenna device which can be used for a second MIMO stream a first cell identifier for transmission on both the first antenna device and the second antenna device of each one of the remote radio head devices; means for sending a second cell identifier, for transmission on an antenna device of only a specific remote radio head device; means for receiving a measurement report from the wireless device associated with the second cell identifier; and means for determining a position of the wireless device based on the received measurement report”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try estimate, as the index, a location of the terminal device from the measurement report for the purpose of determining a position of a wireless device using multiple antenna devices.
Consider Claim 7, Shukair teaches wherein the reference signal is a positioning reference signal or a sounding reference signal (e.g., see at least 0016 and 0108).
Consider Claim 10, Shukair teaches wherein the measurement report to be transmitted by the terminal device is a Measurement Report (e.g., see 0108 -0109 measurements.)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shukair et al. US Patent Pub. No.:20170055197 A1, hereinafter, ‘Shukair’ in view of Lu et al. US Patent Pub. No.: 20170033842 A1., hereinafter, ‘Lu’ and further in view of DA et al US Patent Pub. No.: 2023/0309042 A1, hereinafter, ‘DA’.
Consider Claim 8, Shukair as modified by Lu teaches the claimed invention except wherein the wireless communication means transmits the processors are configured to execute the instructions to transmit the reference signal to the terminal device in response to a request from a core network node being connected to the first communication device.
In analogous art, DA teaches in 0780 - The LMF transmits the RequestLocationInformation message to the UE, where the RequestLocationInformation message is used for requesting the UE to measure the downlink positioning reference signal transmitted by a gNB for the UE to measure the downlink positioning reference signal transmitted by a gNB by using the location assistance data. In an embodiment, the RequestLocationInformation message is RequestLocationInformation, and the downlink positioning reference signal is DL PRS.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing to try wherein the wireless communication means transmits the processors are configured to execute the instructions to transmit the reference signal to the terminal device in response to a request from a core network node being connected to the first communication device for the purpose of positioning.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shukair et al. US Patent Pub. No.:20170055197 A1, hereinafter, ‘Shukair’ in view of Hara US Patent Pub. No.: 20130088996 A1 and further in view of Wang et al. US Patent Pub. No.:2020/0260504 A1, hereinafter, ‘Wang’.
Consider Claim 12, Shukair as modified by Hara teaches the claimed invention except wherein the fallback is EPS fallback.
In analogous art, Wang teaches in paragraph 0006 wherein “a method of wireless communication, performed by a UE, may include identifying that a radio resource control (RRC) connection is to be established for evolved packet system (EPS) fallback or inter radio access technology (RAT) fallback from New Radio (NR) for a voice call; determining, based at least in part on identifying that the RRC connection is to be established for EPS fallback or inter RAT fallback from NR for the voice call…” and at least figures 3, 5, and 7 teaches NR to LTE voice fallback.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try wherein the fallback is EPS fallback Minimizing the call setup delay and/or the likelihood of a call setup failure of a 5G voice call via fallback is important in order to improve performance, reduce wasted network resources, and improve user experience.
Consider Claim 13, Shukair as modified by Hara teaches the claimed invention except wherein the first communication device is a base station that supports new radio (NR), and the second communication device is a base station that supports long term evolution (LTE).
In analogous art, Wang teaches in at least figures 3, 5, and 7 teaches NR to LTE voice fallback.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try wherein the first communication device is a base station that supports new radio (NR), and the second communication device is a base station that supports long term evolution (LTE) minimizing the call setup delay and/or the likelihood of a call setup failure of a 5G voice call via fallback is important in order to improve performance, reduce wasted network resources, and improve user experience.
Consider Claim 14, Shukair as modified by Hara teaches the claimed invention except wherein the voice service being provided by the first communication device is voice over NR (VoNR), and the voice service being provided by the second communication device is voice over LTE (VoLTE).
In analogous art, Wang teaches at least figures 3, 5, and 7 teaches NR to LTE voice fallback.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try wherein the voice service being provided by the first communication device is voice over NR (VoNR), and the voice service being provided by the second communication device is voice over LTE (VoLTE) Minimizing the call setup delay and/or the likelihood of a call setup failure of a 5G voice call via fallback is important in order to improve performance, reduce wasted network resources, and improve user experience.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210105691 A1 teaches in 0007 - For voice calls, 5G standalone networks may support voice over NR (VoNR) or may facilitate EPS fallback to one or more legacy networks. Claim 1 an apparatus, comprising: one or more processors configured to: perform voice communications over one or more wireless local area networks, via one or more wireless radios; communicate, via one or more wireless radios, with a first network using a first cellular radio access technology (RAT); communicate, via one or more wireless radios, with a second network using a second cellular RAT; store, based on communications via the first network, information indicating that the first network does not support voice communications for the apparatus; and handover a voice call from a wireless local network directly to the second cellular RAT, based on the stored information and without handover of the voice call to the first cellular RAT, based on call conditions on the wireless local area network.
US 20220078690 A1 teaches one aspect of current 5G networks is their reliance on 4G networks to provide some services such as voice when those service are not available in a 5G base station. Evolved Packet System (“EPS”) Fallback enables phones to use the 5G core with “new radio” (NR) before all 5G voice features are in place on the UE and in Next Generation Radio Access Networks (NG-RAN) and before the NG-RAN is dimensioned and tuned for the 5G voice service. During call establishment, the UE is moved from NR (5G) to LTE (4G) and the voice service is then established on 4G. In sum, 5G UE initiates the voice service in 5G, but fulfills the service on 4G.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES TERRELL SHEDRICK whose telephone number is (571)272-8621. The examiner can normally be reached 8A-5P.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson can be reached at 571 272 4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES T SHEDRICK/Primary Examiner, Art Unit 2646
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