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
Applicant’s claim for the benefit of a prior-filed application, PCT/CN2022/097413 filed 6-7-22, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
These information disclosure statements (IDS) submitted on 9-12-24, 7-10-25, 8-4-25 & 10-27-25. These submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, these information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to because All Numbers in Figure 1 should be labeled with descriptive legends. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The Claims 13-15 & 18-19 do not fall within at least one of the four categories of patent eligible subject matter because claim 13 is directed a method, i.e., “a process is a series of acts or steps”{Minton v. Natl. Ass’n. of Securities Dealers, 336 F.3d 1373, 336 F.3d 1373, 1378, 67 USPQ2d 1614, 1681 (Fed.Cir. 2003), see also MPEP 2601.I-II.A-B & B(1)(a)}. In this case, claim 13 comprises only one sending step.
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.
Claims 1-20 are 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. Claims 1, 9, 12-15 & 18 are vague and indefinite because it is not clear whether the configuration update information sending by the first network node based on the received information related to handover? Likewise, claims 5 & 19 are vague and indefinite because it is not clear whether the sending response information by the first network node based on the received information related to handover? Also, claims 10-11 are vague and indefinite because it is not clear whether the receiving response message by the first network node based on the sending configuration update information.
Dependent claims 2-4, 6-8, 12 and 16-17 & 20 are also rejected in virtue of their dependencies on the independent claims 1 and 15, respectively.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are:
There is no interrelationship between the receiving of information related to handover from the third/second network node and the sending of configuration update information by the first network node {claims 1, 9, 13-15 & 18}; between the sending response information by the first network node (claim 5) and the received information related to handover (claim 1); between the receiving of response information from the third network node (claims 10-11) and the sending of configuration update information by the first network node (claim 1); between the receiving information related to the handover (claim 15) and the sending response information by the first node (claim 19).
Dependent claims 2-4, 6-8, 12 and 16-17 & 20 are also rejected in virtue of their dependencies on the independent claims 1 and 15, respectively.
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.
Claim(s) 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 6 & 10 of U.S. Patent No. 12,464,415 B2 (Luo) in view of Wang (US 20230109817 A1).
Regarding Claim 1.
A method, comprising:
receiving, by a first network node {DU} from a second network node {CU}, information related to handover of a wireless communication device {UE} {Luo (US 12464415 B2): patented claims 1, 6 & 10}; and
sending, by the first network node {DU} to a third network node {UE}, configuration update information {Luo (US 12464415 B2): patented claims 1, 6 & 10}.
Luo does not explicitly disclose “configuration update information”.
However, in the same field of endeavor, Wang (US 20230109817 A1) disclose “configuration update information”{Wang (US 20230109817 A1): ¶0357-¶0402, ¶0409-¶04013, ¶0438-¶0442, ¶0445-¶0452, ¶0458-¶0465, ¶0468-¶047}. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply Wang’s teaching to Luo’s system with the motivation being to “handover of user equipment in a multi-hop network, and the disclosure relates to a device”{Wang (US 20230109817 A1): ¶0001} and “to update the configuration of users served by the relay node in the migration process of the relay node, and how to reduce signaling overhead in the configuration update process”{Wang (US 20230109817 A1): ¶0012}.
Regarding Claim 2. With the same reasons as set forth in the method of claim 1, wherein:
the third network node comprises an integrated access and backhaul (IAB) node; and
the first network node comprises a target IAB donor, and the second network node comprises a source IAB donor; or
the first network node {Luo (US 12464415 B2): CU in the patented claims 1, 6 & 10} comprises the source IAB donor, and the second network node comprises the target IAB donor {Luo (US 12464415 B2): DU in the patented claims 1, 6 & 10}
Regarding Claim 3. With the same reasons as set forth in the method of claim 1, wherein the information related to the handover comprises at least one of:
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the second network node,
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the second network node,
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the second network node {Luo (US 12464415 B2): CU in patented claims 1, 6, 10},
an identity of the third network node {Luo (US 12464415 B2): UE in patented claims 1, 6, 10},
an identity of the wireless communication device {Luo (US 12464415 B2): UE in patented claims 1, 6, 10; Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
Regarding Claim 4. With the same reasons as set forth in the method of claim 1, comprising:
receiving, by the first network node {DU} from the second network node {CU}, the information related to the handover, via a user equipment (UE) associated message or a non-UE associated message {Luo (US 12464415 B2): patented claims 1, 6 & 10}.
Regarding Claim 5. With the same reasons as set forth in the method of claim 1, comprising:
sending, by the first network node to the second network node, response information comprising at least one of:
a differentiated service code point (DSCP){Wang (US 20230109817 A1): ¶0445-¶0446},
an IPV6 flow label, or
a backhaul adaptation protocol (BAP) control protocol data unit (PDU) radio link control (RLC) channel (CH) list.
Regarding Claim 6. With the same reasons as set forth in the method of claim 1, wherein the configuration update information comprises at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node,
a gNB-CU UE F1AP ID allocated by the second network node,
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the first network node,
an identity of the second network node,
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
Regarding Claim 7. With the same reasons as set forth in the method of claim 3, wherein the indication of migration type
comprises:
partial migration,
full migration,
distributed unit (DU) migration,
migration of the wireless communication device,
F1 transport migration {Wang (US 20230109817 A1): ¶0312-¶0316},
F1 switch indication,
a source logical DU indication,
a target logical DU indication, or
a new integrated access and backhaul (IAB) donor indication.
Regarding Claim 8. With the same reasons as set forth in the method of claim 3, wherein the BH information comprises at least one of:
a backhaul adaptation protocol (BAP) routing ID {Wang (US 20230109817 A1): claims 19-20, 29-30},
a next hop BAP address, or
an egress BH radio link control (RLC) channel (CH) ID.
Regarding Claim 9. With the same reasons as set forth in the method of claim 1, comprising:
sending, by the first network node {DU} to the third network node {UE}, the configuration update information via a user equipment (UE) associated message or a non-UE associated message {Wang (US 20230109817 A1): ¶0357-¶0402, ¶0409-¶04013, ¶0438-¶0442, ¶0445-¶0452, ¶0458-¶0465, ¶0468-¶047}.
Regarding Claim 10. With the same reasons as set forth in the method of claim 1, comprising:
receiving, by the first network node from the third network node, a response message comprising at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a new IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node {Wang (US 20230109817 A1): ¶0314-¶0316},
a gNB-CU UE F1AP ID allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a new gNB-DU UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a new GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143}, or
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317}.
Regarding Claim 11. With the same reasons as set forth in the method of claim 10, comprising:
receiving, by the first network node from the third network node, the response message via a user equipment (UE) associated message or a non-UE associated message {Wang (US 20230109817 A1): step 1-4 in Fig.4 & ¶0293-¶0295, ¶0403, ¶0414-¶0433, ¶0443, ¶0453-¶0456, ¶0476-¶0479; see also step 4-1-4 in Fig.8, step 4-2-4 in Fig.9 & step 4-3-4 in Fig.10}.
Regarding Claim 12. With the same reasons as set forth in the method of claim 1, comprising:
sending, by the first network node to the second network node, second configuration update information comprising at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a new IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node {Wang (US 20230109817 A1): ¶0314-¶0316},
a gNB-CU UE F1AP ID allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a new gNB-DU UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a new GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143}, or
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317}.
Regarding Claim 13.
A method, comprising:
sending, by a second network node to a first network node, information related to handover of a wireless communication device,
wherein the first network node sends configuration update information to a third network node.
-Claim 13 is rejected with the same reasons as set forth in claim 1.
Regarding Claim 14.
A second network node, comprising:
at least one processor {Luo (US 12464415 B2): “at least one processor” in patented claims 6 & 10} configured to:
send, via a transmitter to a first network node, information related to handover of a wireless communication device,
wherein the first network node sends configuration update information to a third network node.
-Claim 14 is rejected with the same reasons as set forth in claim 1.
Regarding Claim 15.
A first network node, comprising:
at least one processor {Luo (US 12464415 B2): “at least one processor” in patented claims 6 & 10} configured to:
receive, via a transceiver from a second network node, information related to handover of a wireless communication device; and
send, via the transceiver to a third network node, configuration update information.
-Claim 15 is rejected with the same reasons as set forth in claim 1.
Regarding Claim 16. With the same reasons as set forth in the first network node of claim 15, wherein: the third network node comprises an integrated access and backhaul (IAB) node; and the first network node comprises a target IAB donor, and the second network node comprises a source IAB donor; or
the first network node comprises the source IAB donor, and the second network node comprises the target IAB donor {Wang (US 20230109817 A1): ¶0007 wherein all anchor and relay nodes in Fig.1 are IAB nodes}.
Regarding Claim 17. With the same reasons as set forth in the first network node of claim 15, wherein the information related to the handover comprises at least one of:
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the second network node,
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the second network node,
an identity of the third network node,
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
Regarding Claim 18. With the same reasons as set forth in the first network node of claim 15, wherein the at least one processor is configured to:
receive, via the transceiver from the second network node, the information related to the handover, via a user equipment (UE) associated message or a non-UE associated message {Wang (US 20230109817 A1): step 1-4 in Fig.4 & ¶0293-¶0295, ¶0403, ¶0414-¶0433, ¶0443, ¶0453-¶0456, ¶0476-¶0479; see also step 4-1-4 in Fig.8, step 4-2-4 in Fig.9 & step 4-3-4 in Fig.10}.
Regarding Claim 19. With the same reasons as set forth in the first network node of claim 15, wherein the at least one processor is configured to:
send, via the transceiver to the second network node, response information comprising at least one of:
a differentiated service code point (DSCP) {Wang (US 20230109817 A1): ¶0445-¶0446},
an IPV6 flow label, or
a backhaul adaptation protocol (BAP) control protocol data unit (PDU) radio link control (RLC) channel (CH) list.
Regarding Claim 20. With the same reasons as set forth in the first network node of claim 15, wherein the configuration update information comprises at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node {Wang (US 20230109817 A1): ¶0314-¶0316},
a gNB-CU UE F1AP ID allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the first network node,
an identity of the second network node,
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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, 3-15 & 17-20 is/are rejected under 35 U.S.C. 102(a)(1-2) as being anticipated by Wang (US 20230109817 A1).
Regarding Claim 1.
A method, comprising:
receiving, by a first network node (Wang: Second Node in Fig.4) from a second network node (Wang: Third Node in Fig.4), information (Wang: Handover Response Message, step 1-2 in Fig.4) related to handover of a wireless communication device {Wang (US 20230109817 A1): ¶0282-¶0286, ¶0312-¶0357}; and
sending, by the first network node (Wang: Second Node, Fig.4) to a third network node (Wang: First Node, Fig.4), configuration update information (Wang: Migration Configuration Completion Message, step 1-3 in Fig.4) {Wang (US 20230109817 A1): ¶0287-¶0291, ¶0358-¶0402}.
Regarding Claim 3. With the same reasons as set forth in the method of claim 1, wherein the information related to the handover comprises at least one of:
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the second network node,
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the second network node,
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the second network node,
an identity of the third network node,
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
Regarding Claim 4. The method of claim 1, comprising:
receiving, by the first network node (Wang: First Node, Fig.4) from the second network node (Wang: Second Node, Fig.4), the information (Wang: Migration Configuration Message in step 1-3) related to the handover, via a user equipment (UE) associated message or a non-UE associated message (Wang: Handover Response Message in step 1-2, Fig.4).
Regarding Claim 5. With the same reasons as set forth in the method of claim 1, comprising:
sending, by the first network node to the second network node, response information comprising at least one of:
a differentiated service code point (DSCP){Wang (US 20230109817 A1): ¶0445-¶0446},
an IPV6 flow label, or
a backhaul adaptation protocol (BAP) control protocol data unit (PDU) radio link control (RLC) channel (CH) list.
Regarding Claim 6. With the same reasons as set forth in the method of claim 1, wherein the configuration update information comprises at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node,
a gNB-CU UE F1AP ID allocated by the second network node,
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the first network node,
an identity of the second network node,
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
Regarding Claim 7. With the same reasons as set forth in the method of claim 3, wherein the indication of migration type
comprises:
partial migration,
full migration,
distributed unit (DU) migration,
migration of the wireless communication device,
F1 transport migration {Wang (US 20230109817 A1): ¶0312-¶0316},
F1 switch indication,
a source logical DU indication,
a target logical DU indication, or
a new integrated access and backhaul (IAB) donor indication.
Regarding Claim 8. With the same reasons as set forth in the method of claim 3, wherein the BH information comprises at least one of:
a backhaul adaptation protocol (BAP) routing ID {Wang (US 20230109817 A1): claims 19-20, 29-30},
a next hop BAP address, or
an egress BH radio link control (RLC) channel (CH) ID.
Regarding Claim 9. With the same reasons as set forth in the method of claim 1, comprising:
sending, by the first network node {DU} to the third network node {UE}, the configuration update information via a user equipment (UE) associated message or a non-UE associated message {Wang (US 20230109817 A1): ¶0357-¶0402, ¶0409-¶04013, ¶0438-¶0442, ¶0445-¶0452, ¶0458-¶0465, ¶0468-¶047}.
Regarding Claim 10. With the same reasons as set forth in the method of claim 1, comprising:
receiving, by the first network node from the third network node, a response message comprising at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a new IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node {Wang (US 20230109817 A1): ¶0314-¶0316},
a gNB-CU UE F1AP ID allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a new gNB-DU UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a new GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143}, or
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317}.
Regarding Claim 11. With the same reasons as set forth in the method of claim 10, comprising:
receiving, by the first network node from the third network node, the response message via a user equipment (UE) associated message or a non-UE associated message {Wang (US 20230109817 A1): step 1-4 in Fig.4 & ¶0293-¶0295, ¶0403, ¶0414-¶0433, ¶0443, ¶0453-¶0456, ¶0476-¶0479; see also step 4-1-4 in Fig.8, step 4-2-4 in Fig.9 & step 4-3-4 in Fig.10}.
Regarding Claim 12. With the same reasons as set forth in the method of claim 1, comprising:
sending, by the first network node to the second network node, second configuration update information comprising at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a new IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node {Wang (US 20230109817 A1): ¶0314-¶0316},
a gNB-CU UE F1AP ID allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a new gNB-DU UE F1AP ID allocated by the third network node,
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a new GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143}, or
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317}.
Regarding Claim 13.
A method, comprising:
sending, by a second network node to a first network node, information related to handover of a wireless communication device,
wherein the first network node sends configuration update information to a third network node.
-Claim 13 is rejected with the same reasons as set forth in claim 1.
Regarding Claim 14.
-Claim 14 is rejected with the same reasons as set forth in claim 1, and further as following:
A second network node {Wang: Third Node, Figs.4 & 10-11}, comprising:
at least one processor {Wang: controller in Figs.10-11} configured to:
send, via a transmitter {Wang: transceiver in Figs.10-11} to a first network node, information related to handover of a wireless communication device,
wherein the first network node sends configuration update information to a third network node.
Regarding Claim 15.
-Claim 15 is rejected with the same reasons as set forth in claim 1, and further as following:
A first network node {Wang: Second Node, Figs.4 & 10-11}, comprising:
at least one processor {Wang: controller in Figs.10-11} configured to:
receive, via a transceiver {Wang: transceiver in Figs.10-11} from a second network node, information related to handover of a wireless communication device; and
send, via the transceiver to a third network node, configuration update information.
Regarding Claim 17. With the same reasons as set forth in the first network node of claim 15, wherein the information related to the handover comprises at least one of:
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the second network node,
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the second network node,
an identity of the third network node,
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
Regarding Claim 18. With the same reasons as set forth in the first network node of claim 15, wherein the at least one processor is configured to:
receive, via the transceiver from the second network node, the information related to the handover, via a user equipment (UE) associated message or a non-UE associated message {Wang (US 20230109817 A1): step 1-4 in Fig.4 & ¶0293-¶0295, ¶0403, ¶0414-¶0433, ¶0443, ¶0453-¶0456, ¶0476-¶0479; see also step 4-1-4 in Fig.8, step 4-2-4 in Fig.9 & step 4-3-4 in Fig.10}.
Regarding Claim 19. With the same reasons as set forth in the first network node of claim 15, wherein the at least one processor is configured to:
send, via the transceiver to the second network node, response information comprising at least one of:
a differentiated service code point (DSCP) {Wang (US 20230109817 A1): ¶0445-¶0446},
an IPV6 flow label, or
a backhaul adaptation protocol (BAP) control protocol data unit (PDU) radio link control (RLC) channel (CH) list.
Regarding Claim 20. With the same reasons as set forth in the first network node of claim 15, wherein the configuration update information comprises at least one of:
an IP address of the first network node for control plane or user plane,
an IP address of the second network node for control plane or user plane,
an IP address of the third network node for control plane or user plane,
a gNB centralized unit (gNB-CU) user equipment (UE) F1 application protocol (F1AP) identifier (ID) allocated by the first network node {Wang (US 20230109817 A1): ¶0314-¶0316},
a gNB-CU UE F1AP ID allocated by the second network node {Wang (US 20230109817 A1): ¶0360-¶0362},
a gNB distributed unit (gNB-DU) UE F1AP ID allocated by the third network node {Wang (US 20230109817 A1): ¶0414-¶0418},
a general packet radio service (GPRS) tunneling protocol (GTP) tunnel endpoint identifier (TEID) allocated by the first network node,
a GTP TEID allocated by the second network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
a GTP TEID allocated by the third network node {Wang (US 20230109817 A1): ¶0129-¶0132, ¶0140-¶0143},
an identity of the first network node,
an identity of the second network node,
an identity of the wireless communication device {Wang (US 20230109817 A1): ¶0312-¶0317},
an indication of migration type, or
backhaul (BH) information {Wang (US 20230109817 A1): ¶0129-¶0130, ¶0140-¶0141}.
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) 2 & 16 is/are rejected under 35 U.S.C. 102(a)(1-2) as anticipated by Wang (US 20230109817 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Wang (US 20230109817 A1) in view of Ishii (US 2023/0164658 A1).
As 102 rejection:
Regarding Claim 2. The method of claim 1, wherein: the third network node (Wang: First Node, Fig.4) comprises an integrated access and backhaul (IAB) node; and the first network node (Wang: Second Node, Fig.4) comprises a target IAB donor, and the second network node (Wang: Third Node in Fig.4) comprises a source IAB
donor; or the first network node (Wang: Second Node, Fig.4) comprises the source IAB donor, and the second network node (Wang: Third Node in Fig.4) comprises the target IAB donor {Wang (US 20230109817 A1): ¶0081-0084 wherein a first node is a relay node; second node is a source node, which may be an anchor node (donor node); and a third node is a target node, which may be an anchor node (donor node); and also Fig.1 & ¶0007 wherein all relay nodes and donor nodes are IAB nodes; In other words, first, second and third nodes are IAB nodes, emphasis added}.
Regarding Claim 16. The first network node of claim 15, wherein:
the third network node comprises an integrated access and backhaul (IAB) node; and the first network node comprises a target IAB donor, and the second network node comprises a source IAB donor; or the first network node comprises the source IAB
donor, and the second network node comprises the target IAB donor.
-Claim 16 is rejected with the same reasons as set forth in claims 1-2 & 15.
As 103 rejection:
Regarding Claim 2. With the same reasons as set forth in the method of claim 1, Wang does not explicitly disclose wherein: the third network node comprises an integrated access and backhaul (IAB) node; and the first network node comprises a target IAB donor, and the second network node comprises a source IAB
donor; or the first network node comprises the source IAB donor, and the second network node comprises the target IAB donor.
However, in the same field of endeavor, Ishii (US 2023/0164658 A1) wherein: the third network node comprises an integrated access and backhaul (IAB) node; and the first network node comprises a target IAB donor, and the second network node comprises a source IAB donor; or the first network node comprises the source IAB
donor, and the second network node comprises the target IAB donor {Ishii: Figs.1 & 12 wherein all source, target/child and relay nodes are IAB nodes, ¶0156-¶0157; see also Fig.15}. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply Ishii’s teaching to Wang’s system with the motivation being to “configure an IAB node or UE with a conditional handover with conditions for performing an autonomous handover to the cell served by the target node”{Ishii: ¶0165}.
Regarding Claim 16. With the same reasons as set forth in the first network node of claim 15, wherein:
the third network node comprises an integrated access and backhaul (IAB) node; and the first network node comprises a target IAB donor, and the second network node comprises a source IAB donor; or the first network node comprises the source IAB
donor, and the second network node comprises the target IAB donor {Wang (US 20230109817 A1): ¶0081-0084 wherein a first node is a relay node; second node is a source node, which may be an anchor node (donor node); and a third node is a target node, which may be an anchor node (donor node); see also Fig.1 & ¶0007 wherein all relay nodes and donor nodes are IAB nodes}.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Akl (US 11706690 B2) discloses in some aspects, an integrated access and backhaul (IAB) node may receive, from a first IAB donor centralized unit (CU) via a first parent distributed unit (DU), a first indication to establish a first connection with a second parent DU associated with a second IAB donor CU. The IAB node may establish the first connection with the second parent DU. The IAB node may establish a second connection with the first IAB donor CU via the second parent DU, the first connection and the second connection forming a target path between the IAB node and the first IAB donor CU {Figs.1-12}.
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/PHUONGCHAU BA NGUYEN/Primary Examiner, Art Unit 2464
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