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 .
Specification
The disclosure is objected to because of the following informalities:
Continuation application 17/628,326 is now U.S. patent number 12,167,257 should be updated in the specification.
Appropriate correction is required.
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.
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Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 of U.S. Patent No. 12,167,259. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of instant application
Claim 11 of patent
a radio terminal comprising at least one memory and processor configured to support dual connectivity using a MCG and SCG
a Secondary Node comprising at least one memory and processor configured to support dual connectivity with MCG
in response to detecting a failure of the MCG, transmit MCG failure information about a failure of the MCG via SCG part of a split signaling radio bearer…
Communicate with a user terminal…transmit a first RRC Transfer message including information indicating a failure on and MCG…using a signaling radio bearer…
receive an explicit or implicit permission from the master node to switch an uplink primary path of the split signaling radio bearer from the MCG to the SCG
the RRC Reconfiguration message, from the master node, is transmitted from the Secondary node to the radio terminal using the signaling radio Bearer…to support a recovery of the MCG.
Re Claims 1 and 3 of instant application, Claim 11 of patent fails to explicitly recite “in response to a detection of the MCG while the primary path is set to the MCG, switch the uplink primary path of the split signaling radio bearer from the MCG to the SCG…”. However, the “RRC Reconfiguration message” in Claim 11 of patent can explicitly indicate to switch a uplink primary path of the signal signaling radio to support the recovery of the MCG. One skilled in the art would have been motivated to switch the uplink primary path to recover from the failure MCG. Therefore, it would have been obvious to one skilled to have switched the primary uplink path to support the MCG recovery.
Re Claims 2 and 4 of instant application, Claim 10 of patent recite “the RRC reconfiguration message” indicating a recovery process for the failed MCG.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takahashi et al PG PUB 2022/0124592.
Re Claims 1 and 3, Takahashi et al teaches in figure 2, UE 20 (a radio terminal comprising at least one memory and processor) in dual connectivity with Master node (MCG) and a secondary node (SCG); figure 3, S10 teaches UE 20 in response detecting a MSC failure, transmits a MCG failure information to a Master node 10B via the SN (SCG part) of a split signaling radio bearer [0065 0159 0160]; based on the MCG failure information, S13, the Master node 10B transmitting a RRC reconfiguration (explicit permission) to perform intra-RAT handover to a New MN 10c wherein the RRC reconfiguration enables the UE to switch from the failed uplink path (a primary uplink path) to a uplink path to the new MN 10c wherein the MCG failure information is based on detecting a failure on a primary path to the MCG [0066].
Re Claims 2 and 4, Takahashi et al the RRC reconfiguration (the permission) to switch to the New MN (switch the uplink primary path) of the split signaling radio bearer from the MCG to the SCG indicated by the master node for MCG recovery process.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW LEE whose telephone number is (571)272-3130. The examiner can normally be reached Monday-Friday 8:30AM-5PM ET.
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/ANDREW LEE/ Primary Examiner, Art Unit 2475
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