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 November 22, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-4, 7-13, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,185,402.
Regarding independent claim 1 of the current application, claim 1 of USPN 12,185,402 discloses a method performed by a user equipment (UE) in a radio network, the method comprising:
receiving a timer configuration (see claim 1 of USPN 12,185,402);
determining, based on the timer configuration, whether a master cell group (MCG) fast recovery procedure is supported, wherein a presence of the timer configuration indicates that the MCG fast recovery procedure is supported, and wherein an absence of the timer configuration indicates that the MCG fast recovery procedure is not supported (see claim 1 of USPN 12,185,402); and
based on the determination that the MCG fast recovery procedure is supported, after detecting a failure corresponding to the MCG, using the MCG fast recovery procedure to avoid a radio resource control (RRC) re-establishment (see claim 1 of USPN 12,185,402).
Regarding claims 2 and 3 of the current application, claim 1 of USPN 12,185,402 discloses that the timer configuration comprises a value for a timer and starting a timer associated with the timer configuration (see claim 1 of USPN 12,185,402).
Regarding claim 4 of the current application, claim 2 of USPN 12,185,402 discloses that the timer configuration is received via an RRC Reconfiguration message.
Regarding claim 7 of the current application, claim 3 of USPN 12,185,402 discloses detecting the failure corresponding to the MCG.
Regarding claim 8 of the current application, claim 5 of USPN 12,185,402 discloses transmitting an MCG Failure Information message.
Regarding claim 9 of the current application, claim 4 of USPN 12,185,402 discloses that the failure comprises a radio link failure (RLF).
Regarding claim 10 of the current application, claim 6 of USPN 12,185,402 discloses that the UE receives the timer configuration while the UE is in an RRC_CONNECTED state.
Regarding independent claim 11 of the current application, claim 7 of USPN 12,185,402 discloses a non-transitory storage medium including program code to be executed by at least one processor of a user equipment (UE) configured to operate in a radio communication network, whereby execution of the program code causes the user equipment to perform operations comprising:
receiving a timer configuration (see claim 7 of USPN 12,185,402);
determining, based on the timer configuration, whether a master cell group (MCG) fast recovery procedure is supported, wherein a presence of the timer configuration indicates that the MCG fast recovery procedure is supported, and wherein an absence of the timer configuration indicates that the MCG fast recovery procedure is not supported (see claim 7 of USPN 12,185,402); and
based on the determination that the MCG fast recovery procedure is supported, after detecting a failure corresponding to the MCG, using the MCG fast recovery procedure to avoid a radio resource control (RRC) re-establishment (see claim 7 of USPN 12,185,402).
Regarding claim 12 of the current application, claims 7 and 10 of USPN 12,185,402 disclose using the MCG fast recovery procedure further comprises: starting a timer associated with the timer configuration (see claim 7 of USPN 12,185,402); and transmitting an MCG Failure Information message (see claim 10 of USPN 12,185,402).
Regarding claims 13 and 15 of the current application, claim 9 of USPN 12,185,402 discloses detecting the failure corresponding to the MCG, wherein the failure comprises a radio link failure (RLF).
Regarding independent claim 16 of the current application, claim 11 of USPN 12,185,402 discloses a user equipment (UE) configured to operate in a radio communication network, comprising:
a non-transitory storage medium (see claim 11 of USPN 12,185,402);
processing circuitry configured to execute instructions from the non-transitory storage medium to cause the user equipment to perform operations comprising (see claim 11 of USPN 12,185,402):
receiving a timer configuration (see claim 11 of USPN 12,185,402);
determining, based on the timer configuration, whether a master cell group (MCG) fast recovery procedure is supported, wherein a presence of the timer configuration indicates that the MCG fast recovery procedure is supported, and wherein an absence of the timer configuration indicates that the MCG fast recovery procedure is not supported (see claim 11 of USPN 12,185,402); and
based on the determination that the MCG fast recovery procedure is supported, after a failure corresponding to the MCG, using the MCG fast recovery procedure to avoid a radio resource control (RRC) re-establishment (see claim 11 of USPN 12,185,402).
Regarding claims 17 and 20 of the current application, claim 12 of USPN 12,185,402 discloses that the timer configuration is received via an RRC Reconfiguration message, wherein the UE receives the timer configuration while the UE is in an RRC_CONNECTED state.
Regarding claim 18 of the current application, claim 11 of USPN 12,185,402 discloses that the timer configuration comprises a value for a timer.
Regarding claim 19 of the current application, claim 13 of USPN 12,185,402 discloses that the failure comprises a radio link failure (RLF).
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 7-13, and 15-20 are merely obvious variants of claims 1-14 of USPN 12,185,402. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of claims 1-14 of USPN 12,185,402 to be the same or equivalent to the invention of claims 1-4, 7-13, and 15-20 of the current application. The motivation for doing so would be to obtain a well-round patent protection.
Claims 5, 6, and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,185,402 in view of U.S. Pub. No. 2022/0110180 (hereinafter “Jung”).
Regarding claims 5, 6, and 14, claims 1-14 of USPN 12,185,402 disclose all of the subject matter of the invention except transmitting an MCG Failure Information message via a Signal Radio Bearer 1 (SRB1) and submitting an MCG Failure Information message to lower layers for transmission.
However, in an analogous art, Jung discloses, teaches, or suggests transmitting an MCG Failure Information message via a Signal Radio Bearer 1 (SRB1) (see at least paragraph 404) and submitting an MCG Failure Information message to lower layers for transmission (see at least paragraph 406).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the technique of transmitting an MCG Failure Information as taught by Jung in to the invention of claims 1-14 of USPN 12,185,402 in order to minimize service interruption when an MCG failure occurs.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-9, 11-16, 18, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung.
Jung discloses, teaches, or suggests:
regarding claims 1, 11, and 16, a method performed by a user equipment (UE) in a radio network, the method and the UE comprising:
a non-transitory storage medium including program code to be executed by at least one processor of the UE configured to operate in the radio network, whereby execution of the program code causes the user to perform the method (see at least paragraphs 96-98, memory); and
processing circuitry configured to execute instructions from the non-transitory storage medium to cause the user equipment to perform the method comprising (see at least paragraphs 96-98, processor):
receiving a timer configuration (see at least paragraphs 360-361, a value of the timer may be configured by a network (e.g., MN));
determining, based on the timer configuration, whether a master cell group (MCG) fast recovery procedure is supported, wherein a presence of the timer configuration indicates that the MCG fast recovery procedure is supported, and wherein an absence of the timer configuration indicates that the MCG fast recovery procedure is not supported (see at least paragraphs 361 and 412, the inclusion of t316 indicates that user shall apply fast MCG link recovery on MCG RLF and, on the other hand, if the network does not provide the value of the timer, the timer value may be set to a default value, e.g., an infinite value, which corresponds to the MCG fast recovery procedure not being supported); and
based on the determination that the MCG fast recovery procedure is supported, after detecting a failure corresponding to the MCG, using the MCG fast recovery procedure to avoid a radio resource control (RRC) re-establishment (see at least paragraphs 370-374 and paragraphs 401-404, upon detection of a MCG failure, the UE submits an MCGFailureInformation message to lower layers for transmission via SRB1 to a secondary node (SN), which avoids an RRC re-establishment until the timer expires);
regarding claims 2 and 18, the timer configuration comprises a value for a timer (see at least paragraphs 360-361, a value of the timer may be configured by a network (e.g., MN));
regarding claims 3, 7, 8, 12, and 13, starting a timer associated with the timer configuration; detecting the failure corresponding to the MCG; and transmitting an MCG Failure Information message (see at least paragraphs 371, 372, 402, and 404, upon detection of the MCG failure, the timer starts to run and the UE transmits MCG RLF report or MCGFailureInformation message to lower layers for transmission via SRB1);
regarding claim 5, transmitting an MCG Failure Information message via a Signal Radio Bearer 1 (SRB1) (see at least paragraph 404, the UE submits an MCGFailureInformation message to lower layers for transmission via SRB1);
regarding claims 6 and 14, submitting an MCG Failure Information message to lower layers for transmission (see at least paragraph 404, the UE submits an MCGFailureInformation message to lower layers for transmission via SRB1); and
regarding claims 9, 15, and 19, the failure comprises a radio link failure (RLF) (see at least the abstract, MCG RLF).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 10, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of U.S. Pub. No. 2021/0314826 (hereinafter “Chang”).
Regarding claims 4 and 17, Jung discloses all of the subject matter of the invention of claims 1 and 16, as described above, including RLF-TimersandConstants (see at least paragraphs 410-411 and Table 7) but Jung does not explicitly teach that the timer configuration is received via an RRC Reconfiguration message.
However, in an analogous art, Chang discloses, teaches, or suggests that the timer configuration is received via an RRC Reconfiguration message (see at least paragraphs 39 and 40, receiving an RRC reconfiguration message including radio link monitoring configuration information, where the radio link monitoring configuration information may be an information element rlf-TimerAndConstants).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the technique of RRC Reconfiguration message carrying the RLF-TimersandConstants information element, as taught by Chang, in to the invention of Jung in order to implement a timer for fast MCG failure recovery.
Regarding claims 10 and 20, Jung discloses all of the subject matter of the invention of claims 1 and 16, as described above, but Jung does not explicitly disclose that the UE receives the timer configuration while the UE is in an RRC_CONNECTED state.
However, in an analogous art, Chang discloses, teaches, or suggests that the UE receives the timer configuration while the UE is in an RRC_CONNECTED state (see at least Fig. 1 and paragraph 38, the UE receives the RRC reconfiguration while the UE is in connected state).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the technique of receiving the RRC Reconfiguration message carrying the RLF-TimersandConstants information element, as taught by Chang, in to the invention of Jung in order to implement a timer for fast MCG failure recovery.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2021/0377758 (Fujishiro et al.) – fast recovery of an MCG link.
U.S. Pub. No. 2022/0038968 (Latheef et al.) – early RLF detection and fast recovery using T312 timer.
U.S. Pub. No. 2022/0312282 (Chang et al.) – fast MCG link recovery mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Pawaris Sinkantarakorn whose telephone number is (571)270-1424. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hadi Armouche can be reached at (571) 270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAO SINKANTARAKORN/Primary Examiner, Art Unit 2409 09/12/2026
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