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 title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 26-38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent Claim 26 recites “An apparatus” and further recites “a first terminal and a second terminal device”. Within claim 26, the claim is written broadly enough such that the apparatus can be the first terminal or the second terminal, however the use of the term “apparatus” lacks written description support since the Specification does not teach an Apparatus as described in Claim 26 distinct from the components… first terminal device, first network device, second network device. The use of the term “apparatus” causes written description issues since this creates a situation where the apparatus is actually a new/different component not supported by the specification.
Dependent Claims 27-31 are further rejected as they do not remedy the issue of Claim 26.
Independent Claim 32 recites “An apparatus” and further recites “a first network device” and a “second terminal device”. Within claim 32, the claim is written broadly enough such that the apparatus can be the first network device or the second terminal, however the use of the term “apparatus” lacks written description support since the Specification does not teach an “Apparatus” as described in Claim 32 in addition to the components… first terminal device, first network device, second network device. The use of the term “apparatus” causes written description issues since this creates a situation where the apparatus is actually a new/different component not supported by the specification.
Dependent Claims 33-38, are further rejected as they do not remedy the issue of Claim 32.
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 26-38 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.
Independent Claim 26 recites “An apparatus” and further recites “a first terminal and a second terminal device”. Within claim 26, the claim is written broadly enough such that the apparatus can be the first terminal or the second terminal, however the use of the term apparatus causes confusion within the claim since the applicant seems to attempt to use different terms to represent the same component (e.g. Apparatus and first terminal). Are they intended to be the same component with different names or are they actually supposed to be different elements?
Dependent Claims 27-31 are further rejected as they do not remedy the issue of Claim 26.
Independent Claim 32 recites “An apparatus” and further recites “a first network device” and a “second terminal device”. Within claim 26, the claim is written broadly enough such that the apparatus can be the first terminal or the second terminal, however the use of the term apparatus causes confusion within the claim since the applicant attempts to use two different terms to represent the same component. Are they intended to be the same component with different names or are they actually supposed to be different elements?
Dependent Claims 33-38, are further rejected as they do not remedy the issue of Claim 32.
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.
(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 20-24, 26-30, 32-34, and 36 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Liu (WO 2021190442 A1).
Regarding Claim 20 and 26, Liu teaches an apparatus (i.e. UE1) receiving first indication information sent by a first network device (Page 15:step 5 and Page 16:step 6: UE1 receive sidelink interface configuration and releases sidelink using information sent by gNB1/Cell1. Page15:step 0 shows cell1 is gnB1), wherein the first indication information indicates to release a first sidelink between a first terminal device and a second terminal device (Page 16:step 6: release old sidelink (i.e. first sidelink) between UE1 (i.e. first terminal) and relay UE2 (i.e. second terminal)), the second terminal device communicates with the first network device via a wireless network (Page 15: step 0, relay UE2 communicates with gNB1), and the second terminal device is configured to provide a function needed for communication between the first terminal device and the first network device (Page 15: step 0, relay function); releasing the first sidelink based on the first indication information (Page 16: step 6, release); and receiving first configuration information sent by the first network device (Page 15:step 5 and Page 16:step 6: UE1 receives bearer configuration, resource configuration sent by gNB1/Cell1, and so on to establish new connection with UE3 to complete handover), wherein the first configuration information is used by the first terminal device to perform a handover from a first cell to a second cell, and the first cell is a cell served by the first network device (Page 15:embodiment 5: step 5-Page 16: step7).
Regarding Claims 21 and 27, Liu teaches sending, before receiving the first indication information sent by the first network device, measurement report information to the first network device, wherein the measurement report information is used by the first network device to determine to hand over the first terminal device from the first cell to the second cell, the measurement report information comprises signal strength of a third terminal device (Page 15:step 1 and step 2, UE3) or {capability information of the third terminal device that is obtained by the first terminal device through measurement, and the capability information of the third terminal device indicates whether the third terminal device supports multi-path} (optional limitation, no patentable weight given).
Regarding Claim 22 and 28, Liu teaches establishing a direct link between the first terminal device and the second cell based on the first configuration information (Page 16: step 6, a direct connection is established with UE3 between UE1 and cell2).
Regarding Claim 23 and 29, Liu teaches the first configuration information further comprises an identifier of a target terminal device (Page 15:Step2-Step3, UE3 is target), the target terminal device is configured to provide a function needed for communication between the first terminal device and the second cell (Page 15: step 3 UE3 is a relay under gNB2), and the third terminal device comprises the target terminal device; and the method further comprises establishing a second sidelink between the first terminal device and the target terminal device based on the first configuration information (Page 15:step4-Page16:step7, handover with new sidelink).
Regarding Claim 24 and 30, Liu teaches receiving, before sending the measurement report information to the first network device, the capability information of the third terminal device from the third terminal device (Page 8:Paragraph 1-3, after querying UE capabilities).
Regarding Claim 32, Liu teaches ab apparatus (Page 15:step 0, gNB1), comprising: at least one processor; and at least one memory storing instructions; wherein the instructions are executed by the at least one processor to perform operations of: sending first indication information to a first terminal device (Page 15:step 5 and Page 16:step 6: UE1 receive sidelink interface configuration sent by gNB1/Cell1. Page15:step 0 shows cell1 is gnB1 (i.e. first network device3)), wherein the first indication information indicates to release a first sidelink between the first terminal device (i.e. UE1) and a second terminal device (i.e. relay UE2) (Page 15:step 5-Page 16:step 6: sidelink interface configuration causes release of sidelink), the second terminal device communicates with a first network device via a wireless network (Page 15: step 0, UE2 (i.e. second terminal) communicates with gNB1 (i.e. first network device)), and the second terminal device provides a function needed for communication between the first terminal device and the first network device (Page 16: step 6); and sending first configuration information to the first terminal device, wherein the first configuration information is used by the first terminal device to perform a handover from a first cell to a second cell, and the first cell is a cell served by the first network device (Page 15:step 5-Page 16:step 7: UE1 receives bearer configuration, resource configuration sent by gNB1/Cell1, and so on to establish new connection with UE3 to complete handover).
Regarding Claim 33, Liu teaches the operations further comprise: receiving, before sending the first indication information to the first terminal device, measurement report information sent by the first terminal device, wherein the measurement report information is used by the first network device to determine to hand over the first terminal device from the first cell to the second cell, the measurement report information comprises signal strength of a third terminal device (Page 15:step 1 and step 2, UE3)) or {capability information of the third terminal device that is obtained by the first terminal device through measurement, and the capability information of the third terminal device comprises whether the third terminal device supports multi-path} (optional language, no patentable weight given).
Regarding Claim 34, Liu teaches wherein the operations further comprise: sending, before sending the first configuration information to the first terminal device, a handover request message to a second network device (Page 15: step 3, handover request to gNB2), wherein the handover request message indicates to hand over the first terminal device from the first cell to the second cell (Page 15:step 3-step 4, handover from gNB1 to gNB2), the handover request message comprises related information of the third terminal device that is obtained by the first terminal device through measurement (Page 15:step 4, must include UE3 information for gNB2 to optionally signal interaction with UE3), the second cell is a cell served by the second network device (Page 15: step 3, gNB2), and the third terminal device is a terminal device served by the second cell (Page. 15: step 3, UE3); and receiving, before sending the first configuration information to the first terminal device, a handover request acknowledgement message sent by the second network device (Page 15:step 3-step 5, gNB2 returns successful admission and config information to gNB1. Afterwards, sends first message to UE1), wherein the handover request acknowledgement message comprises an identifier of a target terminal device (Page 15:step 3-step 5, must include UE3 information), the target terminal device is determined by the second network device in the third terminal device (Page 15:step 4-step 5, gNB2 asks UE3 for acceptance), and the target terminal device is configured to provide a function needed for communication between data of the first terminal device and the second network device (Page 15: step 3, UE3 provides relay function for UE1 and gNB2), wherein the first configuration information comprises the identifier of the target terminal device (Page 15:step5-step7, must include UE3 id).
Regarding Claim 36, Liu teaches the operations further comprise: sending, before sending the first configuration information to the first terminal device, a handover request message to a second network device (Page 15: step 3, handover request to gNB2), wherein the handover request message indicates to hand over the first terminal device from the first cell to the second cell (Page 15: step 3-step 4, UE1 from gNB1 to gNB2), the handover request message comprises an identifier of a target terminal device (Page 17:paragraph 6), the target terminal device is determined by the first network device in the third terminal device (Page 15:step 3-step 4, must include UE3 information for gNB2 to optionally signal interaction with UE3), the target terminal device is configured to provide a function needed for communication between the first terminal device and the second network device (Page 15:step 3-step4, target terminal is UE3 providing relay function), and the second cell is a cell served by the second network device (gNB2 is cell2); and receiving, before sending the first configuration information to the first terminal device, a handover request acknowledgement message sent by the second network device (Page 15: step 2, completion message), wherein the first configuration information comprises the identifier of the target terminal device (Page 15:step 6).
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.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (WO 2021190442 A1).
Regarding Claim 35, Liu teaches the handover request message comprises related information of the third terminal device that is obtained by the first terminal device through measurement (Page 15:step 4, must include UE3 information for gNB2 to optionally signal interaction with UE3), however Liu does not explicitly teach the related information of the third terminal device comprises the capability information of the third terminal device (Page 14:Paragraph 12, In embodiment 4: UE2 is a relay under gNB2).
Liu does teach that it is well known to obtain capability information of a candidate relay device (Page 14:Paragraph 12, In embodiment 4: UE2 is a relay under gNB2). Therefore, to one of ordinary skill in art before the filing date of the invention, it would have been obvious to modify Liu with the additional teachings of Liu such that capability information of a candidate relay device (i.e. third terminal) would also be sent to the second network device (gNB2) so that the network device can efficiently carry out handover.
Allowable Subject Matter
Claims 25, 31, 37, and 38 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 and the 112 rejections are fully overcome.
Conclusion
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/WESLEY L KIM/Supervisory Patent Examiner, Art Unit 2648
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