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 .
Election/Restrictions
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/15/2026.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
U.S. Patent Application No.18/854, 840
Claim 1-14, 16-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent Application No.18/854, 840. 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 U.S. Patent Application No.18/854, 840 with obvious wording variation. For example, compare Claim 1 of pending application with claim 1 of U.S. Patent Application No.18/854, 840, they both recite
A target network node, comprising (A target network node, comprising):
at least one memory (at least one memory); and
at least one processor coupled with the at least one memory and configured to cause the target network node to (at least one processor coupled with the at least one memory and configured to cause the target network node to):
receive a handover request message from a source network node (receive a handover request message from a source network node),
wherein the handover request message includes: identifier (ID) information of one candidate relay user equipment (UE), or ID information of two or more candidate relay UEs (wherein the handover request message includes identifier (ID) information of a candidate relay user equipment (UE) for a UE); and
transmit a response message to the source network node (transmit a response message to the source network node),
wherein the response message includes a handover request acknowledge message or a handover preparation failure message (wherein the response message includes at least one of: a handover request acknowledge message).
Further, analyzing and comparing dependent claims 2-13 of the pending application with claims 2-13 of U.S. Patent Application No.18/854, 840 it was found that they recite the same limitation with wording changes.
Similarly, analyzing and comparing independent claims 14 and 16 of the pending application including its dependent claims with claims 16 including its dependent claims of U.S. Patent Application No.18/854, 840 it was found that they recite the same limitation with wording changes.
U.S. Patent Application No. 19/112, 022 in view of Zhou et al. Pub. No. US 20230397075 A1
Claim 1-14, 16-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2-15 of U.S. Patent Application No. 19/112, 022 in view of Zhou et al. Pub. No. US 20230397075 A1. 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 Application No. 19/112, 022 in view of Zhou et al. Pub. No. US 20230397075 A1 with obvious wording variation. For example, compare Claim 1 of pending application with claim 1 of Patent Application No. 19/112, 022 in view of Zhou et al. Pub. No. US 20230397075 A1, they both recite
A target network node (one or more candidate network nodes), comprising:
at least one memory at least one processor coupled with the at least one memory and configured to cause the target network node to: (candidate network node inherently has a memory and at least one processor coupled with the memory and that configured to cause the candidate network node to); and
receive a handover request message from a source network node (transmit a handover request for a path switching operation to one or more candidate network nodes i.e., receive a handover request message from a source network node),
wherein the handover request message includes: identifier (ID) information of one candidate relay user equipment (UE), or ID information of two or more candidate relay UEs (wherein the handover request includes identity (ID) information of a requested target relay user equipment (UE) i.e., wherein the handover request message includes: identifier (ID) information of one candidate relay user equipment (UE)); and
transmit a response message to the source network node (receive a response message from the one or more candidate network nodes i.e., transmit a response message to the source network node).
Patent Application No. 19/112, 022 teaches in claim 2 that wherein the response message includes ID information of at least one candidate relay UE however, does not specifically teach
wherein the response message includes a handover request acknowledge message or a handover preparation failure message.
However, in the same field of endeavor, Zhou et al. Pub. No. US 20230397075 A1 teaches from Fig. 5 and Para 112 Step 5 that network device send a handover request acknowledge message to the source network device.
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Patent Application No. 19/112, 022 with the method of Zhou et al. Pub. No. US 20230397075 A1 so as to create a feasible connection and perform handover decision according to the first indication information (See Zhou Para 50)..
Further, analyzing and comparing dependent claims 2-13 of the pending application with claims 3-15 of U.S. Patent Application No. 19/112, 022 in view of Zhou et al. Pub. No. US 20230397075 A1 it was found that they recite the same limitation with wording changes.
Note the issued claims of U.S. Patent Application No.18/854, 840 and Patent Application No.18/854, 840 in view of Zhou et al. Pub. No. US 20230397075 A1 are narrower in scope such that the claimed limitations as recited in pending application are encompassed by U.S. Patent Application No.18/854, 840 and Patent Application No.18/854, 840 in view of Zhou et al. Pub. No. US 20230397075 A1 respectively.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
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.
Claim 8 and 10 is rejected under 35 U.S.C. 112(b) or 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.
As per claim 1, applicant is suggesting that “transmit a response message …includes a handover request acknowledge message or a handover preparation failure message” and according to claim 8 it is suggested that “in response to the handover request message including the ID information of the one candidate relay UE, to determine whether the one candidate relay UE can serve a UE; and in response to determining that the one candidate relay UE cannot serve the UE, to transmit the handover preparation failure message to the source network node”. Since according to claim 1, only one condition needs to be satisfied i.e., handover request acknowledgement so the limitation that recite “in response to determining that the one candidate relay UE cannot serve the UE, to transmit the handover preparation failure message to the source network node” should not be given weight and cannot be further limited and therefore is vague and indefinite.
Similarly claim 10 can be rejected for the same reasons as claim 8 as claim 1 disclose alternative i.e., “receive a handover request message ….includes: id information of one candidate relay UE or ID information of two or more candidate relay UE and then claim 10 is only discussing about ID information of two or more candidate relay UE” and therefore, should not be given weight and cannot be further limited and therefore is vague and indefinite.
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) 1-14, 16-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou et al. Pub. No. US 20230397075 A1
Regarding Claim 1, Zhou teaches a target network node (fig. 5 and 13 and Para 350, Network device), comprising:
at least one memory (Para 350 and Fig. 13 Unit 1303, memory); and
at least one processor coupled with the at least one memory and configured to cause the target network node to (Para 351 and Fig. 13, The memory 1303 is configured for storing the computer program, the transceiver 1304 is connected to the bus interface 1302 and configured for transmitting and receiving data under the control of the processor 1301. The processor 1301 is configured for reading the computer program in the memory 1303 and performing the following operations):
receive a handover request message from a source network node (Fig. 5 Step 4 and Para 111, a handover request message; the handover request message transmitted by the source network device to the network device i.e., receive a handover request message from a source network node),
wherein the handover request message includes: identifier (ID) information of one candidate relay user equipment (UE), or ID information of two or more candidate relay UEs (Para 111, one or a combination of the following indication information: identification information of the UE that will perform the handover; relay identification information or the identification information of a relay link used by the UE to access the network device to which the first target cell belongs i.e., wherein the handover request message includes: identifier (ID) information of one candidate relay user equipment (UE), or ID information of two or more candidate relay UEs); and
transmit a response message to the source network node (Fig. 5 Step 5, the handover request acknowledge message transmitted by the network device to which the first target cell belongs through the inter-base station interface to the source network device i.e., transmit a response message to the source network node) wherein the response message includes a handover request acknowledge message or a handover preparation failure message (Para 112, a handover request acknowledge).
Regarding Claim 2, Zhou teaches wherein the handover request message includes ID information of a target cell of the target network node (Para 111).
Regarding Claim 3, Zhou teaches wherein in response to the handover request message including the ID information of the target cell, the one candidate relay UE and the two or more-candidate relay UEs are served by the target cell (Para 111).
Regarding Claim 4, Zhou teaches wherein the handover request message further includes an indication for indicating the target network node to select a target relay UE (Para 110).
Regarding Claim 5, Zhou teaches wherein the indication is an indication for indicating the target network node to select a target relay UE served by a target cell of the target network node (Para 110).
Regarding Claim 6, Zhou teaches wherein the at least one processor is configured to cause the target network node to ,
select one target relay UE; or
to select two or more target relay UEs; and
to transmit the handover request acknowledge message via the transceiver to the source network node, wherein the handover request acknowledge message includes ID information of the one target relay UE or ID information of the two or more target relay UEs (Para 110-111).
Regarding Claim 7, Zhou teaches wherein the at least one processor is configured to cause the target network node to,
in response to the handover request message including the ID information of the one candidate relay UE, to determine whether the one candidate relay UE can serve a UE; and in response to determining that the one candidate relay UE can serve the UE, to transmit the handover request acknowledge message including the ID information of the one candidate relay UE to the source network node (Para 112).
Regarding Claim 8, Zhou teaches wherein the at least one processor is configured to cause the target network node to, in response to the handover request message including the ID information of the one candidate relay UE, to determine whether the one candidate relay UE can serve a UE; and in response to determining that the one candidate relay UE cannot serve the UE, to transmit the handover preparation failure message to the source network node (Para 112).
Regarding Claim 9, Zhou teaches wherein the at least one processor is configured to cause the target network node to, in response to the handover request message including the ID information of the one candidate relay UE, select a first target relay UE different from the one candidate relay UE, and transmit the handover request acknowledge message including ID information of the first target relay UE to the source network node (Para 113).
Regarding Claim 10, Zhou teaches wherein the at least one processor is configured to cause the target network node to in response to the handover request message including the ID information of the two or more candidate relay UEs: to select one a first target relay UE within the two or more candidate relay UEs; or to select two or more target relay UEs within the two or more candidate relay UEs; or to select a second target relay UE different from the two or more candidate relay UEs; and to transmit the handover request acknowledge message to the source network node, wherein the handover request acknowledge message includes: ID information of the one target relay UE, ID information of the two or more target relay UEs, or ID information of the second target relay UE (Para 182).
Regarding Claim 11, Zhou teaches wherein the handover request acknowledge message includes ID information of a target cell of the target network node (Para 112).
Regarding Claim 12, Zhou teaches wherein in response to the handover request acknowledge message including the ID information of the target cell, the first target relay UE and the second target relay UE are served by the target cell (Para 112).
Regarding Claim 13, Zhou teaches wherein the ID information of the target cell includes a cell global ID, and wherein the cell global ID includes at least one of: a public land mobile network (PLMN) ID, or a cell ID of the target cell (Para 95).
Regarding Claim 14, it has been rejected for the same reasons as claim 1 and further disclose decide to switch a user equipment (UE) to a target relay UE, wherein the target relay UE is served by a target network node (Para 110, after the source network device of the UE obtains the first indication information from the UE, the source network device performs the handover decision, and determines a first target cell and/or a first target relay i.e., decide to switch a user equipment (UE) to a target relay UE, wherein the target relay UE is served by a target network node).
Regarding Claim 16, it has been rejected for the same reasons as claim 1.
Regarding Claim 17, it has been rejected for the same reasons as claim 2.
Regarding Claim 18, it has been rejected for the same reasons as claim 3.
Regarding Claim 19, it has been rejected for the same reasons as claim 4.
Regarding Claim 20, it has been rejected for the same reasons as claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tenny et al. Pub. No. US 20240107416 A1 - Method for performing cell reselection handling operable in user equipment, involves receiving message for forwarding to first cell subsequent to performing cell reselection procedure, and sending notification message to user equipment
Wang et al. Pub. No. US 20230074899 A1 - LINK SWITCHING METHOD AND APPARATUS, LINK SWITCHING CONFIGURATION METHOD AND APPARATUS, COMMUNICATION NODE, AND MEDIUM
Paladugu et al. Pub. No. 20230247513 - Method for wireless communication, involves triggering conditional handover at first user equipment (UE) to transition communication from source base station to target base station either through direct communication path or relay path
Chen et al. Pub. No. US 20150131618 A1 - COMMUNICATION APPARATUS AND MOBILITY METHOD THEREFOR
WO 2021155526 A1 - METHODS AND APPARATUS OF PATH SWITCH BASED SERVICE CONTINUITY FOR UE-TO-NETWORK RELAY
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647
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