DETAILED ACTION
This office action is a response to the application filed on 11/21/2024, which is a continuation of PCT/CN2022/097973 filed on 6/9/2022. Claims 1-20 are pending and ready for examination.
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 .
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 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8-9 of U.S. Patent No. 11297566. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are obvious variations of claims of the Patent.
Regarding claims 1, 19 and 20, the Patent discloses as set forth below:
Claims of Instant Application (18/955,927)
Claims of Patent (11297566)
1. A terminal device, comprising a memory, a transceiver, and a processor, wherein the memory is configured to store a program, the processor performs data receiving and sending by using the transceiver, and the processor is configured to invoke the program in the memory, to cause the terminal device to execute the method comprising:
performing, communication based on a network state or network state-related information.
9. An apparatus for transmitting information, comprising:
a receiver configured to receive state indication information sent by a network device, wherein the state indication information is used for indicating that the network device will switch from an ON state to an OFF state; and
a processor configured to perform cell selection according to the state indication information; wherein the apparatus is in an idle state or the apparatus is in an inactive state wherein the state indication information comprises first time indication information used for indicating a duration when the network device is OFF, and wherein the state indication information further comprises second time indication information used for indicating that the network device will be OFF after a first time period after the apparatus receives the state indication information.
19. A network device, comprising a memory, a transceiver, and a processor, wherein the memory is configured to store a program, the processor performs data receiving and sending by using the transceiver, and the processor is configured to invoke the program in the memory, to cause the network device to execute the method comprising:
performing, communication based on a network state or network state-related information.
Variation of claim 8.
8. A method for transmitting information, comprising:
sending, by a network device, state indication information of the network device to a terminal device, wherein the state indication information is used for indicating that the network device will switch from an ON state to an OFF state, to enable the terminal device to perform cell selection according to the state indication information; and
switching the network device from the ON state to the OFF state, wherein the terminal device is in an idle state, or the terminal device is in an inactive state, wherein the state indication information comprises first time indication information used for indicating a duration when the network device is OFF, and wherein the state indication information further comprises second time indication information used for indicating that the network device will be OFF after a first time period after the terminal device receives the state indication information.
20. A communication method, comprising:
performing, by a terminal device, communication based on a network state or network state-related information.
1. A method for transmitting information, comprising:
receiving, by a terminal device, state indication information sent by a network device, wherein the state indication information is used for indicating that the network device will switch from an ON state to an OFF state; and
performing, by the terminal device, cell selection according to the state indication information,
wherein the terminal device is in an idle state, or the terminal device is in an inactive state, wherein the state indication information comprises first time indication information used for indicating a duration when the network device is OFF, and wherein the state indication information further comprises second time indication information used for indicating that the network device will be OFF after a first time period after the terminal device receives the state indication information.
Regarding claim 1, in view of the above, it is clear that the conflicting claims are not patentably distinct from each other. Claim 1 of the instant application includes the feature of a terminal device performing communication based on a network state or network state-related information.
This is similar to the Patent claim 9 features of receiving state information sent by a network device to a terminal device, and enabling the terminal device to perform cell reselection according to the state information. Thus, instant application claim 1 is an obvious variation of claim 9 of the Patent and is not patentably distinct from claim 9 of the Patent.
Independent claims 19 and 20 are related to a network device and a method performed by a terminal device with same features as claim 1. Therefore, claims 19 and 20 are not patentably distinct from claims 8 and 1 of the Patent (see table above) for the same reasons mentioned above for claim 1.
Claims 1 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7-8 of U.S. Patent No. 11064429. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are obvious variations of claims of the Patent.
Regarding claims 1, 19 and 20, the Patent discloses as set forth below:
Claims of Instant Application (18/955,927)
Claims of Patent (11064429)
1. A terminal device, comprising a memory, a transceiver, and a processor, wherein the memory is configured to store a program, the processor performs data receiving and sending by using the transceiver, and the processor is configured to invoke the program in the memory, to cause the terminal device to execute the method comprising:
performing, communication based on a network state or network state-related information.
8. An apparatus for transmitting information, comprising:
a receiver configured to receive state indication information sent by a network device when a timer expires, wherein the state indication information is used for indicating that the network device will switch from an ON state to an OFF state; and
a processor configured to:
perform cell selection according to the state indication information and start the timer periodically or at a time point of receiving a paging message;
determine the state of the network device according to whether first information sent by the network device is received on a first physical resource block, wherein the states of the network device comprise the OFF state and the ON state; and
perform cell selection when the network device is determined to be in the OFF state.
19. A network device, comprising a memory, a transceiver, and a processor, wherein the memory is configured to store a program, the processor performs data receiving and sending by using the transceiver, and the processor is configured to invoke the program in the memory, to cause the network device to execute the method comprising:
performing, communication based on a network state or network state-related information.
Variation of Claim 7.
7. A method for transmitting information, comprising:
starting, by a network device, a timer periodically or at a time point of sending a paging message;
sending, by the network device, state indication information of the network device to a terminal device when the timer expires, wherein the state indication information is used for indicating that the network device will switch from an ON state to an OFF state, to enable the terminal device to perform cell selection according to the state indication information;
switching the network device from the ON state to the OFF state;
sending, by the network device, first information to the terminal device on a first resource block when the network device is in an ON state; and
determining, by the network device, not to send the first information to the terminal device on the first resource block when the network device is in an OFF state.
20. A communication method, comprising:
performing, by a terminal device, communication based on a network state or network state-related information.
1. A method for transmitting information, comprising:
starting, by a terminal device, a timer periodically or at a time point of receiving a paging message;
receiving, by the terminal device, state indication information sent by a network device when the timer expires, wherein the state indication information is used for indicating that the network device will switch from an ON state to an OFF state;
performing, by the terminal device, cell selection according to the state indication information;
determining, by the terminal device, the state of the network device according to whether first information sent by the network device is received on a first physical resource block, wherein states of the network device comprise the OFF state and the ON state; and
performing, by the terminal device, cell selection when the terminal device determines that the network device is in the OFF state.
Regarding claim 1, in view of the above, it is clear that the conflicting claims are not patentably distinct from each other. Claim 1 of the instant application includes the feature of a terminal device performing communication based on a network state or network state-related information.
This is similar to the Patent claim 8 features of receiving state indication information sent by a network device, and performing cell selection according to the state indication information. Thus, instant application claim 1 is an obvious variation of claim 8 of the Patent and is not patentably distinct from claim 8 of the Patent.
Independent claims 19 and 20 are related to a network device and a method performed by a terminal device with same features as claim 1. Therefore, claims 19 and 20 are not patentably distinct from claims 7 and 1 of the Patent (see table above) for the same reasons mentioned above for claim 1.
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 7, 10 and 11 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.
Claim 7 recites the limitation "..transmission information for transmitting the first indication information…" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 10 and 11 are also rejected as they are dependent upon the rejected base claim as set forth above.
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)(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.
Claims 1-4, 7, 10, 15 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 2020/0344676).
Regarding claim 1, Yang discloses a terminal device, comprising a memory, a transceiver, and a processor, wherein the memory is configured to store a program, the processor performs data receiving and sending by using the transceiver, and the processor is configured to invoke the program in the memory, to cause the terminal device to execute the method comprising [Yang Figure 12 discloses an apparatus (e.g. a terminal device) comprising a receiver, a processor, a transmitter, a memory, and a bus system. The apparatus may be a terminal device and may be configured to perform various acts and/or processes corresponding to the terminal device. The processor may be configured to execute instructions stored in the memory, and when the processor executes the instructions, the processor may perform various acts corresponding to the terminal device in the above method embodiments (Yang Figure 12, paragraphs 0163-0167)]:
Performing, communication based on a network state or network state-related information [Yang discloses that a terminal device may receive state indication information from a network device indicating that the network device may switch from an ON state to an OFF state (Yang Figure 2, paragraph 0080). The terminal device may perform call reselection according to the state indication information (Yang paragraph 0081). For example, a terminal device in a data connection state may perform handover according to the state indication information, and a terminal device in an idle state may reselect a cell according to the state indication information (Yang paragraph 0082). This indicates performing communication based on a network state or network state-related information].
Regarding claim 2, Yang discloses the terminal device according to claim 1. Yang further discloses wherein the method further comprises: determining, the network state, wherein the network state comprises at least one of an on state, an off state, or an on-off switching state that a first network device or a first cell is to be in [Yang discloses that the terminal receives state indication information which is used for indicating that the network device may switch from an ON state to an OFF state (Yang Figure 2, paragraph 0080). In one example, the terminal device can receive the first information on the first physical resource block, it determines that the network device is in an ON state (Yang paragraph 0083)].
Regarding claim 3, Yang discloses the terminal device according to claim 2. Yang further discloses wherein the determining, a network state comprises: obtaining, first configuration information, wherein the first configuration information is used to determine the network state or network state-related information, and/or determine transmission by the terminal device [Yang discloses that the terminal receives state indication information which is used for indicating that the network device may switch from an ON state to an OFF state (Yang Figure 2, paragraph 0080). In one example, the terminal device can receive the first information on the first physical resource block, it determines that the network device is in an ON state (i.e. obtaining first configuration information) (Yang paragraph 0083)].
Regarding claim 4, Yang discloses the terminal device according to claim 3. Yang further discloses wherein the first configuration information comprises at least one of the following: the first configuration information is configured for or indicated to the terminal device in a static or semi-static manner; the first configuration information is configured for the terminal device; or the first configuration information is configured for a network device in which the terminal device is currently located or a cell in which the terminal device is currently located [Yang discloses that the network device informs the terminal device of the state information such that the state information may be specified in a network protocol or configured by the network (Yang paragraph 0083). In another example, the sending time point and the receiving time point may be specified in a network protocol, or the network device may configure the receiving time point to ensure that the terminal device can receive the state information (Yang paragraph 0087). This indicates that the configuration information is configured for the terminal device].
Regarding claim 7, Yang discloses the terminal device according to claim 3. Yang further discloses wherein the first configuration information indicates transmission information for transmitting the first indication information, or indicates configuration information for transmitting the first indication information, wherein the first indication information is used by the terminal device to monitor whether the first network device or the first cell enters the on state, the off state, or the on-off switching state, or is used to indicate the network state that the first network device or the first cell enters to the terminal device, or is used to indicate that the first network device or the first cell enters the on state, the off state or the on-off switching state to the terminal device [Yang discloses that the network device informs the terminal device of the state information of the network device such that when the network device sends a special signal on a specific first physical resource block, for example, the special signal is first information, when the terminal device can receive the first information on the first physical resource block, it determines that the network device is in an ON state currently (Yang paragraph 0083). Further, the state indication information includes first time indication information, which is used to indicate information of a duration when the network device is OFF. As such, after the terminal device receives the state indication information, it may determine the time when the network device is OFF according to the duration when the network device is OFF. For example, the duration information may be of a timer, and after the timer expires, the terminal device may determine that the network device is in an ON state (Yang paragraph 0084). Thus, the configuration information indicates information for transmitting the information, and indicate that the network device enters on state or off state].
Regarding claim 10, Yang discloses the terminal device according to claim 7. Yang further discloses wherein the first indication information comprises at least one of the following: a switching indication or information, an on indication or information, or an off indication or information [Yang discloses that the state indication information includes first time indication information, which is used to indicate information of a duration when the network device is OFF. As such, after the terminal device receives the state indication information, it may determine the time when the network device is OFF according to the duration when the network device is OFF. For example, the duration information may be of a timer, and after the timer expires, the terminal device may determine that the network device is in an ON state (Yang paragraph 0084)].
Regarding claim 15, Yang discloses the terminal device according to claim 1. Yang further discloses wherein the network state-related information comprises at least one of the following: the network state, duration of the on state, duration of the off state, a start moment of the on state, a start moment of the off state, an end moment of the on state, an end moment of the off state, a period of the on state, or a period of the off state [Yang discloses that the network device sends its state indication information to the terminal device (Yang paragraph 0082). In an example, the state indication information includes first time indication information, which is used to indicate information of a duration when the network device is OFF (i.e. a period of the off state) (Yang paragraph 0084)].
Regarding claim 19, Yang discloses a network device, comprising a memory, a transceiver, and a processor, wherein the memory is configured to store a program, the processor performs data receiving and sending by using the transceiver, and the processor is configured to invoke the program in the memory, to cause the network device to execute the method comprising [Yang Figure 13 discloses an apparatus (e.g. a network device) comprising a receiver, a processor, a transmitter, a memory, and a bus system. The apparatus may be a network device and may be configured to perform various acts and/or processes corresponding to the network device. The processor may be configured to execute instructions stored in the memory, and when the processor executes the instructions, the processor may perform various acts corresponding to the network device in the above method embodiments (Yang Figure 13, paragraphs 0168-0180)]:
Performing, communication based on a network state or network state-related information [Yang discloses that when a network device is in an ON state, the network device sends first information to a terminal device (i.e. performing communication based on a network state or network state-related information) (Yang Figure 3, paragraph 0098)].
Regarding claim 20, Yang discloses a communication method, comprising: performing, by a terminal device, communication based on a network state or network state-related information [Yang Figure 2 discloses a method for transmitting information. Yang discloses that a terminal device may receive state indication information from a network device indicating that the network device may switch from an ON state to an OFF state (Yang Figure 2, paragraph 0080). The terminal device may perform call reselection according to the state indication information (Yang paragraph 0081). For example, a terminal device in a data connection state may perform handover according to the state indication information, and a terminal device in an idle state may reselect a cell according to the state indication information (Yang paragraph 0082). This indicates performing communication based on a network state or network state-related information].
Claim Rejections - 35 USC § 103
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.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Dalsgaard et al. (US 2023/0180037, hereinafter Dalsgaard).
Regarding claim 8, Yang discloses the terminal device according to claim 3. Yang does not expressly disclose wherein the first configuration information comprises a first monitoring location and/or a first monitoring configuration, wherein the first monitoring location and/or the first monitoring configuration, are/is used to configure the terminal device to perform monitoring, or are/is used by the terminal device to determine that the first network device or the first cell enters the on state, the off state, or the on-off switching state, or are/is used by the terminal device to send or receive the first indication information.
However, in the same or similar field of invention, Dalsgaard discloses that a UE may receive an RRC release command which comprises information on preconfigured measurement gap pattern the UE is to use for measurements on the next connection setup (i.e. a first configuration information comprises a monitoring configuration used to configure the terminal to perform monitoring) (Dalsgaard Figure 5, paragraph 0084).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang to have the features of wherein the first configuration information comprises a first monitoring location and/or a first monitoring configuration, wherein the first monitoring location and/or the first monitoring configuration, are/is used to configure the terminal device to perform monitoring, or are/is used by the terminal device to determine that the first network device or the first cell enters the on state, the off state, or the on-off switching state, or are/is used by the terminal device to send or receive the first indication information; as taught by Dalsgaard. The suggestion/motivation would have been to improve the deployment and performance of communication systems; and to improve UE measurements and latency (Dalsgaard paragraphs 0037 and 0044).
Regarding claim 9, Yang and Dalsgaard disclose the terminal device according to claim 8. Yang and Dalsgaard further disclose wherein the first monitoring location, and/or the first monitoring configuration meet/meets the following: being within a preset time domain interval [Dalsgaard discloses that the UE may be configured by preconfigured measurement gap pattern to perform measurement at next connection setup or at different point of time (i.e. monitoring within a preset time interval) (Dalsgaard paragraphs 0084 and 0090)]. In addition, the same motivation is used as the rejection of claim 8.
Claims 11-12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Zeng et al. (US 2022/0060974, hereinafter Zeng).
Regarding claim 11, Yang discloses the terminal device according to claim 7. Yang does not expressly disclose wherein the method further comprises: sending or receiving, at least one of the following information: a synchronization signal block SSB, a reference signal RS, a physical downlink control channel PDCCH, a physical uplink control channel PUCCH, downlink data, uplink data, a random access channel RACH, or a scheduling request SR after state switching, or after the first cell or the first network device is in the on state.
However, in the same or similar field of invention, Zeng discloses that a terminal device may receive SSBs from the access device. The terminal may select an SSB that meets a requirement of the terminal (Zeng paragraphs 0047 and 0048).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang to have the features of sending or receiving, at least one of the following information: a synchronization signal block SSB, a reference signal RS, a physical downlink control channel PDCCH, a physical uplink control channel PUCCH, downlink data, uplink data, a random access channel RACH, or a scheduling request SR after state switching, or after the first cell or the first network device is in the on state; as taught by Zeng. The suggestion/motivation would have been to reduce latency in the network (Zeng paragraphs 0011 and 0015).
Regarding claim 12, Yang discloses the terminal device according to claim 3. Yang does not expressly disclose wherein the first configuration information comprises a transmission configuration of third information.
However, in the same or similar field of invention, Zeng discloses that a terminal device may receive SSBs from the access network (i.e. a transmission configuration of third information) (Zeng Figure 2, paragraphs 0047 and 0048).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang to have the feature of wherein the first configuration information comprises a transmission configuration of third information; as taught by Zeng. The suggestion/motivation would have been to reduce latency in the network (Zeng paragraphs 0011 and 0015).
Regarding claim 13, Yang and Zeng disclose the terminal device according to claim 12. Yang and Zeng further disclose wherein the third information is at least one of the following: a synchronization signal block SSB, system information, a reference signal RS, a physical downlink control channel PDCCH, a physical uplink control channel PUCCH, downlink data, uplink data, a random access channel RACH, semi-persistent scheduling SPS, a configured grant CG, or a scheduling request SR [Zeng discloses that the terminal device may receive SSBs from the access device. The terminal may select an SSB that meets a requirement of the terminal (Zeng paragraphs 0047 and 0048). The terminal may determine an SSB whose signal received power RSRP is the highest; and determine, based on a mapping relationship between an SSB and a PRACH resource, a PRACH resource corresponding to the SSB (Zeng paragraph 0053)]. In addition, the same motivation is used as the rejection of claim 12.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Zeng, and further in view of Islam et al. (US 2022/0159574, hereinafter Islam).
Regarding claim 14, Yang and Zeng disclose the terminal device according to claim 12. Yang and Zeng do not expressly disclose wherein the performing, communication based on a network state or network state-related information comprises: sending or receiving, the third information within the on state or within an on state in the on-off switching state; and skipping sending or skipping receiving, the third information within the off state or an off state in the on-off switching state.
However, in the same or similar field of invention, Islam discloses that in an ON state or a network access mode, the UE can receive transmissions from the network, such as DCI in a channel such as PDCCH, CSI measurement signaling, etc. In an OFF state or a power saving state, the UE does not receive any transmissions from the network (Islam paragraph 0165).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang and Zeng to have the features of wherein the performing, communication based on a network state or network state-related information comprises: sending or receiving, the third information within the on state or within an on state in the on-off switching state; and skipping sending or skipping receiving, the third information within the off state or an off state in the on-off switching state; as taught by Islam. The suggestion/motivation would have been to improve UE power consumption (Islam paragraphs 0166 and 0244).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Liu et al. (US 2024/0406822, hereinafter Liu).
Regarding claim 16, Yang discloses the terminal device according to claim 1. Yang does not expressly disclose wherein the method further comprises: obtaining, state information or first change information of a second network device or a second cell from a network device, wherein the state information or the first change information comprises at least one of the following: a network state indication, an on start moment, an off start moment, on duration, off duration, an on end moment, an off end moment, a period of an on state, or a period of an off state.
However, in the same or similar field of invention, Liu discloses that a terminal may receive second information transmitted by a target base station (i.e. a second network device), where the second information is determined based on a network status of the target base station (i.e. a network state indication) (Liu Figure 3, paragraphs 0118-0121).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang to have the features of obtaining, state information or first change information of a second network device or a second cell from a network device, wherein the state information or the first change information comprises at least one of the following: a network state indication, an on start moment, an off start moment, on duration, off duration, an on end moment, an off end moment, a period of an on state, or a period of an off state; as taught by Liu. The suggestion/motivation would have been to improve flexibility and continuity of QoE measurement of the terminal (Liu paragraph 0038).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Liu, and further in view of Yan et al. (US 2020/0008245, hereinafter Yan)
Regarding claim 17, Yang and Liu disclose the terminal device claim 16. Although Liu discloses that the source base station may send information of QoE configuration release/suspend/pause to the terminal, detect that handover condition is satisfied, and perform terminal handover (Liu Figures 6a, 6b, 8, paragraphs 0238-0249); Yang and Liu do not expressly disclose the feature of receiving, seventh information sent by the network device, wherein the seventh information is used to indicate whether to execute a handover.
However, in the same or similar field of invention, Yan discloses that the source base station may send a handover message to the terminal indicating a handover (Yan Figure 4, S305, paragraph 0183).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang and Liu to have the feature of receiving, seventh information sent by the network device, wherein the seventh information is used to indicate whether to execute a handover; as taught by Yan. The suggestion/motivation would have been to improve success rate of accessing the target cell and to improve resource utilization (Yan paragraph 0192).
Regarding claim 18, Yang, Liu and Yan disclose the terminal device according to claim 17. Yang, Liu and Yan further disclose wherein the method further comprises: executing, the following behavior based on the seventh information and/or the first change information: executing a handover [Yan discloses that after receiving handover message from the source base station, the terminal determines a beam for accessing a base station, sends a preamble index, receives RAR and sends RRC connection reconfiguration complete message to the target base station (i.e. executes a handover) (Yan Figure 4, paragraphs 0183-0191)]. In addition, the same motivation is used as the rejection of claim 17.
Allowable Subject Matter
Claims 5 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 5 would be allowable because the closest prior art, either alone or in combination, fails to anticipate or render obvious the features of wherein the first configuration information comprises a first parameter, and the first parameter is used to indicate whether a terminal device that does not support network energy saving is capable of accessing the first network device or the first cell, or whether a terminal device that supports network energy saving is capable of accessing the first network device or the first cell; wherein the method further comprises: determining, based on the first parameter, whether to access the first network device or the first cell; in combination with all other limitations in the base claim and any intervening claims.
Clam 6 would be allowable because the closest prior art, either alone or in combination, fails to anticipate or render obvious the features of wherein the first configuration information comprises at least one of the following: a network state indication or an entered network state, an on-off switching state indication, a period of the on-off switching state, a pattern of the on-off switching state, an on indication or an on state indication, an off indication or an off state indication, a time of the on state, or a time of the off state; wherein the period of the on-off switching state comprises at least one of the following: an on period, an off period, on duration, off duration, an on start moment, an off start moment, an on end moment, an off end moment, a switching period of the on-off switching state, an on-off switching period of the on-off switching state, or a period of the pattern of the on-off switching state; the pattern of the on-off switching state comprises at least one of the following: a start moment of the pattern, an end moment of the pattern, an on location in the pattern, or an off location in the pattern; the time of the on state comprises at least one of the following: an on period, on duration, an on start moment, or an on end moment; the time of the off state comprises at least one of the following: an off period, off duration, an off start moment, or an off end moment; in combination with all other limitations in the base claim and any intervening claims.
Conclusion
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/SAUMIT SHAH/Primary Examiner, Art Unit 2414
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