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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/13/2025, 04/15/2025, 7/23/2025, 11/17/2025 and 03/18/2026 were filed. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 9-15 and 17-24 of copending Application No. 18/888,983 (US-20250106880-A1, hereinafter ‘880) in view of Abraham et al. (US-20250113175-A1, hereinafter, ABRAHAM).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current application
Application No. 18/888,983
1. An apparatus comprising:
at least one processor; and
at least one non-transitory memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to:
determine whether to ignore a capability filter, wherein the capability filter defines a set of frequency bands for reporting a capability information message; and
transmit, to a network node in response to the determining, an indication of whether the apparatus has determined to ignore the capability filter.
1. An apparatus comprising:
at least one processor; and
at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus at least to:
receive, from a network node, an indication of whether the apparatus is allowed to ignore a capability filter in a cell;
receive, from the network node, a user equipment capability enquiry;
determine, based on the indication, whether ignoring the capability filter in the cell is allowed;
in response to a determination of ignoring the capability filter in the cell being allowed, ignore the capability filter;
generate a capability information message based, at least partially, on the determination of whether ignoring the capability filter in the cell is allowed, wherein in response to the determination of ignoring the capability filter in the cell being allowed, the capability information message is generated for at least a subset of frequency bands the apparatus supports, the subset of frequency bands comprising at least one frequency band the capability filter excludes; and
transmit, to the network node, the capability information message.
2. The apparatus of claim 1, wherein the capability filter defines a set of frequency bands for reporting the capability information message.
2. The apparatus of claim 1, wherein the indication comprises at least one of:
an indication that the apparatus has determined to ignore the capability filter,
an indication that the apparatus has determined to comply with the capability filter,
an indication that the apparatus supports use of the capability filter,
an indication that the apparatus does not support use of the capability filter,
an indication that the apparatus uses the capability filter,
an indication that the apparatus does not use the capability filter,
an indication that the apparatus has previously used the capability filter, or
an indication that the apparatus has not previously used the capability filter.
5. The apparatus of claim 1, wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus to:
transmit the indication as at least part of the capability information message.
6. The apparatus of claim 1, wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus to:
in response to receiving a user equipment capability enquiry that specifies the capability filter from the network node, transmit the indication as at least part of the capability information message.
1. An apparatus comprising:
at least one processor; and
at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus at least to:
receive, from a network node, an indication of whether the apparatus is allowed to ignore a capability filter in a cell;
receive, from the network node, a user equipment capability enquiry;
determine, based on the indication, whether ignoring the capability filter in the cell is allowed;
in response to a determination of ignoring the capability filter in the cell being allowed, ignore the capability filter;
generate a capability information message based, at least partially, on the determination of whether ignoring the capability filter in the cell is allowed, wherein in response to the determination of ignoring the capability filter in the cell being allowed, the capability information message is generated for at least a subset of frequency bands the apparatus supports, the subset of frequency bands comprising at least one frequency band the capability filter excludes; and
transmit, to the network node, the capability information message.
5. The apparatus of claim 1, wherein the at least one memory stores instructions that, when executed with the at least one processor, cause the apparatus to:
in response to a determination of ignoring the capability filter in the cell being not allowed, comply with the capability filter and generate the capability information message for all frequency bands of the capability filter that the apparatus supports.
7. A method comprising:
determining, with a user equipment, whether to ignore a capability filter, wherein the capability filter defines a set of frequency bands for reporting a capability information message; and
transmitting, to a network node in response to the determining, an indication of whether the user equipment has determined to ignore the capability filter.
17. A method performed by a user equipment, the method comprising:
receiving, from a network node, an indication of whether the user equipment is allowed to ignore a capability filter in a cell;
receiving, from the network node, a user equipment capability enquiry;
determining, based on the indication, whether ignoring the capability filter in the cell is allowed;
in response to a determination of ignoring the capability filter in the cell being allowed, ignoring the capability filter;
generating a capability information message based, at least partially, on a determination of whether ignoring the capability filter in the cell is allowed, wherein in response to the determination of ignoring the capability filter in the cell being allowed, the capability information message is generated for at least a subset of frequency bands the apparatus supports, the subset of frequency bands comprising at least one frequency band the capability filter excludes; and
transmitting, to the network node, the capability information message.
21. The method of claim 17, wherein the capability filter defines a set of frequency bands for reporting the capability information message.
8. The method of claim 7, wherein the indication comprises at least one of:
an indication that the apparatus has determined to ignore the capability filter,
an indication that the apparatus has determined to comply with the capability filter,
an indication that the apparatus supports use of the capability filter,
an indication that the apparatus does not support use of the capability filter,
an indication that the apparatus uses the capability filter,
an indication that the apparatus does not use the capability filter,
an indication that the apparatus has previously used the capability filter, or
an indication that the apparatus has not previously used the capability filter.
11. The method of claim 7, wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus to:
transmit the indication as at least part of the capability information message.
12. The method of claim 7, wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus to:
in response to receiving a user equipment capability enquiry that specifies the capability filter from the network node, transmit the indication as at least part of the capability information message.
17. A method performed by a user equipment, the method comprising:
receiving, from a network node, an indication of whether the user equipment is allowed to ignore a capability filter in a cell;
receiving, from the network node, a user equipment capability enquiry;
determining, based on the indication, whether ignoring the capability filter in the cell is allowed;
in response to a determination of ignoring the capability filter in the cell being allowed, ignoring the capability filter;
generating a capability information message based, at least partially, on a determination of whether ignoring the capability filter in the cell is allowed, wherein in response to the determination of ignoring the capability filter in the cell being allowed, the capability information message is generated for at least a subset of frequency bands the apparatus supports, the subset of frequency bands comprising at least one frequency band the capability filter excludes; and
transmitting, to the network node, the capability information message.
22. The method of claim 17, further comprising:
in response to a determination of ignoring the capability filter in the cell being not allowed, comply with the capability filter and generate the capability information message for all frequency bands of the capability filter that the apparatus supports.
13. An apparatus comprising:
at least one processor; and
at least one non-transitory memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to:
transmit, to a user equipment, a user equipment capability enquiry, wherein the user equipment capability enquiry comprises, at least, a capability filter defining a set of frequency bands for reporting a capability information message;
receive, from the user equipment, an indication of whether the user equipment has determined to ignore the capability filter; and
determine, whether to request at least one additional capability from the user equipment based, at least partially, on the indication.
9. An apparatus comprising:
at least one processor; and
at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus at least to:
provide, to a user equipment, an indication of whether the user equipment is allowed to ignore a capability filter in a cell;
provide, to the user equipment, a user equipment capability enquiry with respect to, at least, the capability filter; and
receive, from the user equipment in response to the user equipment capability enquiry, a capability information message, wherein in response to a determination of ignoring the capability filter in the cell being allowed, the capability information message is generated for at least a subset of frequency bands the user equipment supports, the subset of frequency bands comprising at least one frequency band the capability filter excludes.
10. The apparatus of claim 9, wherein the capability filter defines a set of frequency bands for reporting the capability information message.
14. The apparatus of claim 13, wherein the indication comprises at least one of:
an indication that the user equipment has determined to ignore the capability filter,
an indication that the user equipment has determined to comply with the capability filter,
an indication that the user equipment supports use of the capability filter,
an indication that the user equipment does not support use of the capability filter,
an indication that the user equipment uses the capability filter,
an indication that the user equipment does not use the capability filter,
an indication that the user equipment has previously used the capability filter, or
an indication that the user equipment has not previously used the capability filter.
17. The apparatus of claim 13, wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus to:
receive the indication as at least part of the capability information message.
9. An apparatus comprising:
at least one processor; and
at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus at least to:
provide, to a user equipment, an indication of whether the user equipment is allowed to ignore a capability filter in a cell;
provide, to the user equipment, a user equipment capability enquiry with respect to, at least, the capability filter; and
receive, from the user equipment in response to the user equipment capability enquiry, a capability information message, wherein in response to a determination of ignoring the capability filter in the cell being allowed, the capability information message is generated for at least a subset of frequency bands the user equipment supports, the subset of frequency bands comprising at least one frequency band the capability filter excludes.
12. The apparatus of claim 9, wherein the indication comprises an indication that the user equipment is allowed to ignore the capability filter in the cell.
14. The apparatus of claim 12, wherein the capability information message comprises all frequency bands the user equipment supports.
15. The apparatus of claim 9, wherein the indication comprises an indication that the user equipment is not allowed to ignore the capability filter in the cell.
Regarding claims 1-18 of the current application, the scope of claims 1-8, 9-15 and 17-24 of ‘880 disclose the majority of the claimed limitations (as shown in bold in the table provided above). ‘880 does not explicitly disclose the claimed limitations of “transmit the indication as part of a radio resource control establishment procedure or a radio resource control resume procedure” recited in claims 3 and 9, “include the indication in a radio resource control setup complete message or a radio resource control resume complete message” recited in claims 4 and10, “receive the indication as part of a radio resource control establishment procedure or a radio resource control resume procedure” recited in claim 15 “receive the indication as part of a radio resource control setup complete message or a radio resource control resume complete message” recited in claim 16 and “transmit, to a network node, information about the indication as at least part of handover preparation” recited in claim 18.
Regarding claims 3 and 9, ABRAHRAM discloses transmit the indication as part of a radio resource control establishment procedure or a radio resource control resume procedure (Fig. 2a - reporting capability change information; [0057] the first SIM will receive RRC reconfiguration (RRC reconfiguration configuring MUSIM operation) which may include “OtherConfig information element”, “timer” and “capability request filter”. Each of these elements may be received in different RRC Reconfiguration messages or even in other RRC messages like RRC Resume message; [0059] first SIM indicates the new capabilities (i.e. capability change information) to its corresponding base station in RRC setup request/RRC resume request).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the capability information message include transmit the indication as part of a radio resource control establishment procedure or a radio resource control resume procedure as taught by ABRAHAM in order to report any changes to the capability information in order for the network node to allocate the configuration in accordance to the UE’s capabilities in a timely manner (ABRAHAM – [0013] The capability change information being informed by the first SIM to corresponding base station via Radio Resource Control (RRC) message... further causes the apparatus to reconfigure the first SIM based on RRC reconfiguration message received from the base station in accordance with the capability change information such that first SIM operates with new capabilities; [0015] the change in capabilities are timely updated to the corresponding base stations and the new capabilities of reconfigured the SIM whose capabilities are changed [0016] all the SIMs need to have the capabilities allocated statically. Even when the other SIMs are not using their capabilities, they cannot be allocated to the SIMs which need those capabilities).
Regarding claims 4 and 10, ABRAHRAM discloses the indication in a radio resource control setup complete message or a radio resource control resume complete message (Fig. 2a- reporting capability change information; [0057] the first SIM will receive RRC reconfiguration (RRC reconfiguration configuring MUSIM operation) which may include “OtherConfig information element”, “timer” and “capability request filter”. Each of these elements may be received in different RRC Reconfiguration messages or even in other RRC messages like RRC Resume message; [0059] first SIM indicates the new capabilities (i.e. capability change information) to its corresponding base station in RRC setup request/RRC resume request... Base station may request the first SIM to send the capability change information to which the first SIM may report in RRC messages like RRC setup complete or RRC resume complete).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the capability information message include the indication in a radio resource control setup complete message or a radio resource control resume complete message as taught by ABRAHAM in order to report any changes to the capability information in order for the network node to allocate the configuration in accordance to the UE’s capabilities in a timely manner (ABRAHAM – [0013] The capability change information being informed by the first SIM to corresponding base station via Radio Resource Control (RRC) message... further causes the apparatus to reconfigure the first SIM based on RRC reconfiguration message received from the base station in accordance with the capability change information such that first SIM operates with new capabilities; [0015] the change in capabilities are timely updated to the corresponding base stations and the new capabilities of reconfigured the SIM whose capabilities are changed [0016] all the SIMs need to have the capabilities allocated statically. Even when the other SIMs are not using their capabilities, they cannot be allocated to the SIMs which need those capabilities).
Regarding claim 15, ABRAHRAM discloses receive the indication as part of a radio resource control establishment procedure or a radio resource control resume procedure (Fig. 2a- reporting capability change information; [0057] the first SIM will receive RRC reconfiguration (RRC reconfiguration configuring MUSIM operation) which may include “OtherConfig information element”, “timer” and “capability request filter”. Each of these elements may be received in different RRC Reconfiguration messages or even in other RRC messages like RRC Resume message; [0059] first SIM indicates the new capabilities (i.e. capability change information) to its corresponding base station in RRC setup request/RRC resume request).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the capability information message include receive the indication as part of a radio resource control establishment procedure or a radio resource control resume procedure as taught by ABRAHAM in order to receive the report(s) of any changes to the capability information in order for the network node to allocate the configuration in accordance to the UE’s capabilities in a timely manner (ABRAHAM – [0013] The capability change information being informed by the first SIM to corresponding base station via Radio Resource Control (RRC) message... further causes the apparatus to reconfigure the first SIM based on RRC reconfiguration message received from the base station in accordance with the capability change information such that first SIM operates with new capabilities; [0015] the change in capabilities are timely updated to the corresponding base stations and the new capabilities of reconfigured the SIM whose capabilities are changed [0016] all the SIMs need to have the capabilities allocated statically. Even when the other SIMs are not using their capabilities, they cannot be allocated to the SIMs which need those capabilities).
Regarding claim 16, ABRAHRAM discloses receive the indication as part of a radio resource control setup complete message or a radio resource control resume complete message (Fig. 2a- reporting capability change information; [0057] the first SIM will receive RRC reconfiguration (RRC reconfiguration configuring MUSIM operation) which may include “OtherConfig information element”, “timer” and “capability request filter”. Each of these elements may be received in different RRC Reconfiguration messages or even in other RRC messages like RRC Resume message; [0059] first SIM indicates the new capabilities (i.e. capability change information) to its corresponding base station in RRC setup request/RRC resume request... Base station may request the first SIM to send the capability change information to which the first SIM may report in RRC messages like RRC setup complete or RRC resume complete).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the capability information message include the indication in a radio resource control setup complete message or a radio resource control resume complete message as taught by ABRAHAM in order to receive the report(s) of any changes to the capability information in order for the network node to allocate the configuration in accordance to the UE’s capabilities in a timely manner (ABRAHAM – [0013] The capability change information being informed by the first SIM to corresponding base station via Radio Resource Control (RRC) message... further causes the apparatus to reconfigure the first SIM based on RRC reconfiguration message received from the base station in accordance with the capability change information such that first SIM operates with new capabilities; [0015] the change in capabilities are timely updated to the corresponding base stations and the new capabilities of reconfigured the SIM whose capabilities are changed [0016] all the SIMs need to have the capabilities allocated statically. Even when the other SIMs are not using their capabilities, they cannot be allocated to the SIMs which need those capabilities).
Regarding claim 18, ABRAHRAM discloses transmit, to a network node, information about the indication as at least part of handover preparation (Fig. 2a; [0056] initially the first SIM will be configured with RRC configuration as per received capabilities from base station... a scenario is considered where the capability of the first SIM changes due to some SIM actions in the second SIM of the UE-A. Such SIM actions may include, for example, transitioning of the second SIM from one state to another, performing handover from one frequency range to another frequency range, or performing handover from licensed frequency band to unlicensed frequency band and vice-versa. All the above stated actions at the second SIM related to RF capabilities, processing capabilities, physical layer capabilities, RRC capabilities will affect the capabilities of the first SIM; [0059] if the capability of first SIM has changed due to SIM actions of the second SIM when first SIM was in idle or inactive mode, first SIM indicates the new capabilities (i.e. capability change information) to its corresponding base station in RRC setup request/RRC resume request... Base station may request the first SIM to send the capability change information to which the first SIM may report in RRC messages like RRC setup complete or RRC resume complete).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the capability information message include transmit, to a network node, information about the indication as at least part of handover preparation as taught by ABRAHAM in order to receive the report(s) of any changes to the capability information in order for the network node to allocate the configuration in accordance to the UE’s capabilities in a timely manner (ABRAHAM – [0013] The capability change information being informed by the first SIM to corresponding base station via Radio Resource Control (RRC) message... further causes the apparatus to reconfigure the first SIM based on RRC reconfiguration message received from the base station in accordance with the capability change information such that first SIM operates with new capabilities; [0015] the change in capabilities are timely updated to the corresponding base stations and the new capabilities of reconfigured the SIM whose capabilities are changed; [0071] Since the changed capability can be different from the older capability, base station may prefer to change the SCells or SCG... or in a case perform handover to a different frequency).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sha et al. (US-20250365121-A1, which claims priority to the Chinese patent application number 202310146899.7 filed on February 8, 2023, herein after, SHA).
Regarding claim 1, SHA discloses:
An apparatus (Fig. 12-13; [0372] The foregoing communication apparatus 1100 or communication apparatus 1200 may be configured in the terminal device 1300... the terminal device 1300 includes a processor, a storage, a control circuit, an antenna, and an input/output apparatus) comprising:
at least one processor (Fig. 12-13; [0372];); and
at least one non-transitory memory (Fig. 12-13; [0372];) storing instructions that ([0383] this application further provides a computer-readable medium, configured to store computer program code. A computer program includes instructions used to perform the capability information transmission methods... The readable medium may be a read-only memory (ROM) or a random access memory (RAM)), when executed by the at least one processor ([0374] the processor may read the software program in a storage unit, explain and execute instructions of the software program, and process the data of the software program), cause the apparatus (Fig. 12-13; [0372]; Fig. 5) at least to:
determine (Fig. 5 – S520, S540) whether to ignore a capability filter, wherein the capability filter defines a set of frequency bands for reporting a capability information message ([0111] it is required in the conventional technology that an enquiry with band filtering be used when the network device enquires a capability of a terminal device. A terminal device capability enquiry request (a UE capability enquiry) delivered by the network device may include... the filter information may be indicated by using a “frequency band list filter (frequencyBandListFilter)” field... in the capability enquiry request, and is for requesting obtaining of a band of interest to the network device through filtering); and
transmit (Fig. 5 – S520, S540), to a network node in response to the determining, an indication of whether the apparatus has determined to ignore the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219] “the capability information does not include the applied filter condition”... to indicate, to the first network device, that the terminal device does not support the capability filtering).
Regarding claim 2, SHA further discloses:
wherein the indication (Fig. 5 – S520. S540) comprises at least one of:
an indication that the apparatus has determined to ignore the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition),
an indication that the apparatus has determined to comply with the capability filter ([0178] However, in the conventional technology, if the capability information sent by the terminal device to the first network device includes the applied filter condition, and a band included in the applied filter condition is a band in the filter condition in the enquiry message of the first network device, the terminal device supports the capability filtering),
an indication that the apparatus supports use of the capability filter ([0178] However, in the conventional technology, if the capability information sent by the terminal device to the first network device includes the applied filter condition, and a band included in the applied filter condition is a band in the filter condition in the enquiry message of the first network device, the terminal device supports the capability filtering),
an indication that the apparatus does not support use of the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219];),
an indication that the apparatus uses the capability filter,
an indication that the apparatus does not use the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219]),
an indication that the apparatus has previously used the capability filter, or
an indication that the apparatus has not previously used the capability filter.
Regarding claim 3, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 12-13; [0383]; [0374];) to:
transmit the indication (Fig. 5 –S520; [0028] sending first indication information to the first network device, where the first indication information indicates that the terminal device does not support capability filtering) as part of a radio resource control establishment procedure or a radio resource control resume procedure ([0159] the indication information may be carried in a random access message 5 (MSG5), for example, carried in an “RRC Connection Setup Complete” message... carried in an “RRC Connection Request” message (RRC connection setup request/complete messages are both part of the RRC establishment procedure)).
Regarding claim 4, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 12-13; [0383]; [0374];) to:
include the indication (Fig. 5 – S520; [0028] sending first indication information to the first network device, where the first indication information indicates that the terminal device does not support capability filtering) in a radio resource control setup complete message or a radio resource control resume complete message [0159] the indication information may be carried in a random access message 5 (MSG5), for example, carried in an “RRC Connection Setup Complete” message... carried in an “RRC Connection Request” message).
Regarding claim 5, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 12-13; [0383]; [0374];) to:
transmit the indication (Fig. 5 – S520. S540) as at least part of the capability information message (Fig. 5 – S540; [0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0206] if the terminal device does not support the capability filtering, the terminal device may send the indication information (the indication information may also be referred to as capability enquiry failure information) in response to the first capability enquiry information to the first network device; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition).
Regarding claim 6, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 12-13; [0383]; [0374];) to:
in response to receiving a user equipment capability enquiry that specifies the capability filter from the network node (Fig. 5 – S510, S530), transmit the indication (Fig. 5 – S520, S540) as at least part of the capability information message ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0206] if the terminal device does not support the capability filtering, the terminal device may send the indication information (the indication information may also be referred to as capability enquiry failure information) in response to the first capability enquiry information to the first network device; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition).
Regarding claim 7, SHA discloses:
A method (Abstract - A capability information transmission method and a communication apparatus) comprising:
Determining (Fig. 5 – S520, S540), with a user equipment (Fig. 5 - terminal device; [0139] The terminal device may also be referred to as a terminal, user equipment (UE)), whether to ignore a capability filter, wherein the capability filter defines a set of frequency bands for reporting a capability information message ([0111] it is required in the conventional technology that an enquiry with band filtering be used when the network device enquires a capability of a terminal device. A terminal device capability enquiry request (a UE capability enquiry) delivered by the network device may include... the filter information may be indicated by using a “frequency band list filter (frequencyBandListFilter)” field... in the capability enquiry request, and is for requesting obtaining of a band of interest to the network device through filtering); and
transmitting (Fig. 5 – S520, S540), to a network node in response to the determining, an indication of whether the user equipment has determined to ignore the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219] “the capability information does not include the applied filter condition”... to indicate, to the first network device, that the terminal device does not support the capability filtering).
Regarding claims 8 and 14, SHA further discloses:
wherein the indication (Fig. 5 – S520, S540) comprises at least one of:
an indication that the user equipment has determined to ignore the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails, [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219];),
an indication that the user equipment has determined to comply with the capability filter ([0178] However, in the conventional technology, if the capability information sent by the terminal device to the first network device includes the applied filter condition, and a band included in the applied filter condition is a band in the filter condition in the enquiry message of the first network device, the terminal device supports the capability filtering),
an indication that the user equipment supports use of the capability filter ([0178] However, in the conventional technology, if the capability information sent by the terminal device to the first network device includes the applied filter condition, and a band included in the applied filter condition is a band in the filter condition in the enquiry message of the first network device, the terminal device supports the capability filtering),
an indication that the user equipment does not support use of the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219];),
an indication that the user equipment uses the capability filter,
an indication that the user equipment does not use the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219];),
an indication that the user equipment has previously used the capability filter, or
an indication that the user equipment has not previously used the capability filter.
Regarding claim 9, SHA further discloses:
transmitting the indication (Fig. 5 – S520; [0028] sending first indication information to the first network device, where the first indication information indicates that the terminal device does not support capability filtering) as part of a radio resource control establishment procedure or a radio resource control resume procedure ([0029] the first indication information is carried in an RRC connection setup request message or an RRC connection setup complete message (RRC connection setup request/complete messages are both part of the RRC establishment procedure)).
Regarding claim 10, SHA further discloses:
including the indication (Fig. 5 – S520; [0028] sending first indication information to the first network device, where the first indication information indicates that the terminal device does not support capability filtering) in a radio resource control setup complete message or a radio resource control resume complete message ([0029] the first indication information is carried in an RRC connection setup request message or an RRC connection setup complete message).
Regarding claim 11, SHA further discloses:
transmitting the indication (Fig. 5 – S520, S540) as at least part of the capability information message (Fig. 5 – S540; [0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0206] if the terminal device does not support the capability filtering, the terminal device may send the indication information (the indication information may also be referred to as capability enquiry failure information) in response to the first capability enquiry information to the first network device; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition).
Regarding claim 12, SHA further discloses:
in response to receiving a user equipment capability enquiry that specifies the capability filter from the network node (Fig. 5 – S510, S530), transmitting the indication (Fig. 5 – S520, S540) as at least part of the capability information message ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0206] if the terminal device does not support the capability filtering, the terminal device may send the indication information (the indication information may also be referred to as capability enquiry failure information) in response to the first capability enquiry information to the first network device; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition).
Regarding claim 13, SHA discloses:
An apparatus (Fig. 10; [0342] FIG. 10 can implement steps performed by the first network device in embodiments; [0341] As shown in FIG. 10, the communication apparatus 1000 may include a processor 1010, a storage 1020, and a transceiver 1030) comprising:
at least one processor (Fig. 10; [0342];); and
at least one non-transitory memory (Fig. 10; [0342];) storing instructions that ([0383] this application further provides a computer-readable medium, configured to store computer program code. A computer program includes instructions used to perform the capability information transmission methods... The readable medium may be a read-only memory (ROM) or a random access memory (RAM)), when executed by the at least one processor ([0374] the processor may read the software program in a storage unit, explain and execute instructions of the software program, and process the data of the software program), cause the apparatus at least (Fig. 10; [0342]; Fig.5) to:
transmit (Fig. 5 – S510), to a user equipment (Fig. 5 - terminal device; [0139] The terminal device may also be referred to as a terminal, user equipment (UE)), a user equipment capability enquiry ([0201] S510: A first network device sends first capability enquiry information to a terminal device, where the first capability enquiry information includes a filter condition), wherein the user equipment capability enquiry comprises, at least, a capability filter defining a set of frequency bands for reporting a capability information message ([0111] it is required in the conventional technology that an enquiry with band filtering be used when the network device enquires a capability of a terminal device. A terminal device capability enquiry request (a UE capability enquiry) delivered by the network device may include... the filter information may be indicated by using a “frequency band list filter (frequencyBandListFilter)” field... in the capability enquiry request, and is for requesting obtaining of a band of interest to the network device through filtering);
receive (Fig. 5 - S520, S540), from the user equipment, an indication of whether the user equipment has determined to ignore the capability filter ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition; [0219] “the capability information does not include the applied filter condition”... to indicate, to the first network device, that the terminal device does not support the capability filtering); and
determine, whether to request at least one additional capability from the user equipment ([0208] S530: The first network device sends second capability enquiry information to the terminal device based on the indication information, where the second capability enquiry information does not include the filter condition) based, at least partially, on the indication (Fig. 5 – S520).
Regarding claim 15, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 10; [0342]; [0383]; [0374];) to:
receive the indication (Fig. 5 – S520; [0028] sending first indication information to the first network device, where the first indication information indicates that the terminal device does not support capability filtering) as part of a radio resource control establishment procedure or a radio resource control resume procedure ([0159] the indication information may be carried in a random access message 5 (MSG5), for example, carried in an “RRC Connection Setup Complete” message... carried in an “RRC Connection Request” message (RRC connection setup request/complete messages are both part of the RRC establishment procedure)).
Regarding claim 16, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 10; [0342]; [0383]; [0374];) to:
receive the indication (Fig. 5 – S520; [0028] sending first indication information to the first network device, where the first indication information indicates that the terminal device does not support capability filtering) as part of a radio resource control setup complete message or a radio resource control resume complete message ([0159] the indication information may be carried in a random access message 5 (MSG5), for example, carried in an “RRC Connection Setup Complete” message... carried in an “RRC Connection Request” message).
Regarding claim 17, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 10; [0342]; [0383]; [0374];) to:
receive the indication (Fig. 5 – S520, S540) as at least part of the capability information message ([0204] S520: After receiving the first capability enquiry information, the terminal device sends indication information to the first network device, where if the terminal device does not support capability filtering, the indication information indicates that the capability enquiry fails; [0206] if the terminal device does not support the capability filtering, the terminal device may send the indication information (the indication information may also be referred to as capability enquiry failure information) in response to the first capability enquiry information to the first network device; [0213] S540: After receiving the second capability enquiry information, the terminal device sends capability information to the first network device, where the capability information does not include the filter condition).
Regarding claim 18, SHA further discloses:
wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the apparatus (Fig. 10; [0342]; [0383]; [0374];) to:
transmit, to a network node (Fig. 5 – S560; second network device), information about the indication as at least part of handover preparation ([0243] when the terminal device is handed over from a cell of the first network device to a cell of the second network device, the second network device may obtain context (UE context) information of the terminal device from the first network device, where the context information includes the capability information of the terminal device. That is, the first network device may send the capability information to the second network device, where the capability information does not include the filter condition).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. PTO-892 form.
Rastegardoost et al. (US-20240357681-A1) teaches the UE transmits a UE capability information message to the network, wherein the capability information message based on the request fields/filters in the UE capability enquiry message.
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/THERESA NGUYEN/Examiner, Art Unit 2418
/Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
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