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 .
This Office Action is in response to communications filed on 11/27/2024.
Claims 1-20 are pending and presented for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 202210621195.6, filed on 6/1/2022.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 1/27/2025 and 8/21/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
Several of the claims in the present application recite Markush groups in the format of “wherein A, B or C” (see MPEP §2117). For the purpose of this review, the examiner is interpreting these Markush claims as a single element selection from a closed group of elements consisting of alternatives A, B or C.
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.
Claims 1-4, 7-11 & 14-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chang et al. (US 2025/0106753)(herein after “Chang”).
Regarding claims 1, 8 & 15, Chang discloses a non-transitory computer-readable storage medium storing instructions that are executed ([0013] & [0055] disclose a memory, that may be a hard disk drive (HDD) or a non-volatile memory (such as a flash memory) (i.e. non-transitory computer-readable storage media), storing instructions that may be run (i.e. executed) by a processor.) to cause a communication apparatus to, and
a communication apparatus, wherein the apparatus comprises one or more processors to run instructions ([0013] discloses a user equipment (UE) (i.e. a communication apparatus) comprising a processor and memory storing instructions which are run by the processor.), enabling the apparatus to, and
a communication method comprising to:
receive first information from a first node ([0005] & [0009] disclose a reporting method comprising a UE receiving first information of a PSCell change procedure initiated by a network side master node (MN) (i.e. a first node).), wherein the first information indicates a trigger condition for recording a first report ([0005]-[0006] & [0009] disclose that the first information comprises a triggering condition for recording of a PSCell change report (SPCR) by the UE.), and a terminal accesses a master base station ([0012] discloses the UE accessing the network side MN (i.e. a master base station) by receiving a UEinformationRequest message from the network side MN and transmitting a UE InformationResponse message to the network side MN.);
record the first report when the trigger condition is satisfied ([0006] discloses that the UE triggers the recording of the SPCR when the configured SPCR triggering condition is satisfied.), wherein the first report comprises information in a process in which the terminal is handed over from a source secondary base station to a target secondary base station ([0005] discloses the UE is configured with dual connectivity (DC) and successfully completes a primary secondary cell group cell (PSCell) change procedure (i.e. handover) and including the primary cell (PCell) information in the stored SPCR information. [0022] discloses that the PSCell change may be from a source PSCell to a target PSCell.), and there is a correspondence between the first report and the first node (discloses the UE receiving a UEinformationRequest message from the network side MN and transmitting a UE InformationResponse message to the network side MN wherein the UEInformationRequest message carries instructions used to request the UE to report the stored SPCR to the network side MN (i.e. a correspondence between the first report and the first node).); and
send the first report to the first node ([0012] discloses the UE transmitting the UEInformationResponse message reporting the stored SPCR to the network side MN.).
Regarding claims 2, 9 & 16, Chang discloses wherein the first report comprises identification information of the first node ([0007] & [0009] disclose that the stored SPCR information (i.e. the first report) may include primary cell (PCell) information of the network end MN consisting of a cell identity (i.e. identification information of the first node).).
Regarding claims 3, 10 & 17, Chang discloses wherein, wherein the apparatus is further configured to, and the apparatus is further caused to, and wherein the method further comprises to: record identification information of the first node ([0045] discloses including (i.e. recording) of PCell information (i.e. identification information of the first node) in the stored SPCR information when the UE determines that the corresponding SPCR configuration is configured by the network side MN.), wherein the identification information of the first node is information independent of the first report ([0045] discloses not including the PCell information in the stored SPCR information when the UE determines that the corresponding SPCR configuration is configured by the SN. Thus, the PCell information is information independent of the information in the SPCR report.).
Regarding claims 4, 11 & 18, Chang discloses wherein the sending the first report to the first node comprises: directly sending the first report to the first node ([0029] discloses a dual connectivity architecture where the UE establishes links with two base stations, a master node (MN) (i.e. the first node) and a secondary node (SN). [0012] discloses that the UE transmits the SPCR (i.e. the first report) to the network side MN. A broadest reasonable interpretation is that the UE would send the SPRC to the network side MN directly through the link between the UE and the network side MN.).
Regarding claims 7 & 14, Chang discloses wherein
the first node is the master base station ([0005] & [0009] disclose a UE, configured with dual connectivity, receiving first information of a PSCell change procedure initiated by a network side master node (MN) (i.e. a first node that is a master node).), and the trigger condition is an indication that a potential failure occurs on a communication link between the terminal and the master base station ([0006] discloses that the trigger condition may be a T310 or T312 threshold for the PSCell (i.e. an indication of potential radio link failures (RLFs)) between the MN and the UE.),
the first node is the source secondary base station, and the trigger condition is an indication that a potential failure occurs on a communication link between the terminal and the source secondary base station (optional), or
the first node is the target secondary base station, and the trigger condition is an indication that a potential failure occurs on a communication link between the terminal and the target secondary base station (optional).
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 5, 12 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (US 2025/0106753)(herein after “Chang”), as applied to claims 1, 8 & 15, and further in view of Doppler et al. (US 2010/0275087)(herein after “Doppler”).
Regarding claim 5, 12 & 19, Chang discloses the method according to claim 1, and the apparatus according to claim 8, and the non-transitory computer-readable storage medium according to claim 15.
Chang fails to disclose but Doppler teaches wherein the sending the first report to the first node comprises: sending the first report to the first node via at least one relay node (Fig 1B and [0031], [0040] & [0042] discloses a user terminal 108 sending an ARQ status report 118 (i.e. a first report) to a base station 102 (i.e. a first node) via relay nodes RN1 105 and RN2 106.); and
the method further comprises to, and the apparatus is further caused to, and the apparatus is further configured to: send identification information of the first node to a first intermediate node, wherein the first intermediate node is a node accessed by the terminal (Figs 1B & 3 and [0056]-[0057] discloses user terminal 108 sending status report 300 to RN2 106 (i.e. a first intermediate node), accessed by user terminal 108, wherein status report 300 includes an originating node field 306 identifying which node originated the ARQ status report 300, which may have originated from base station 102.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the teachings of Chang such that sending the first report to the first node comprises: sending the first report to the first node via at least one relay node; and sending identification information of the first node to a first intermediate node, wherein the first intermediate node is a node accessed by the terminal, as taught by Doppler. The motivation to do so would have been to have a UE send a PSCell change success message to a relay node and include an ID of a Master Node (MN) indicating that the PSCell change success message is to be forwarded to the MN, so that the MN can still receive the PSCell change success message even when the UE is out of direct range of the MN, so the MN can continue to collect statistics of success rates of PSCell changes in order to optimize handover performance.
Claims 6, 13 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (US 2025/0106753)(herein after “Chang”) in view of Doppler et al. (US 2010/0275087)(herein after “Doppler”), as applied to claims 5, 12 & 19, and further in view of Hiroaki et al. (JP 2018/117316)(herein after “Hiroaki”).
Regarding claim 6, 13 & 20, Chang in view of Doppler disclose the method according to claim 5, and the apparatus according to claim 12, and the non-transitory computer-readable storage medium according to claim 19.
Chang discloses wherein the method further comprises to, and the apparatus is further caused to, and the apparatus is further configured to: wherein the first report comprises the identification information of the first node ([0007] & [0009] disclose that the stored SPCR information (i.e. the first report) may include primary cell (PCell) information of the network end MN consisting of a cell identity (i.e. identification information of the first node).), or
the identification information of the first node is information independent of the first report ([0045] discloses not including the PCell information in the stored SPCR information when the UE determines that the corresponding SPCR configuration is configured by the SN. Thus, the PCell information is information independent of the information in the SPCR report.).
Chang fails to disclose but Hiroaki further teaches wherein the method further comprises to, and the apparatus is further caused to, and the apparatus is further configured to: determine whether the first intermediate node supports a radio access technology (RAT) corresponding to the first report (Fig 1 & [0017]-[0018] disclose a relay 103 (i.e. an intermediate node) determining by querying device 101 whether first data communication from device 101 (i.e. a first report ) supports a first RAT (e.g. cellular communication) used by relay 103 for second communication with device 102.), wherein
the first intermediate node supports the RAT corresponding to the first report (Fig 1 & [0017]-[0018] disclose that Relay 103 may support the first RAT using the same cellular communication RAT that device 101 uses for first data communication.), or
the first intermediate node does not support the RAT corresponding to the first report (Fig 1 & [0017]-[0018] disclose that relay 103 may use a second RAT (i.e. wireless LAN) different than the first RAT (e.g. when relay 103 does not support the first RAT).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the teachings of Chang in view of Doppler to further comprise determining whether the first intermediate node supports a radio access technology (RAT) corresponding to the first report or the first intermediate node does not support the RAT corresponding to the first report, as further taught by Hiroaki. The motivation to do so would have been to have a UE send a 5G NR PSCell change success message to a relay node, wherein the relay node determines that the 5G NR PSCell change success message corresponds to the same 5G RAT technology supported by the relay node, so that the relay node can more easily forward the 5G NR PSCell change success message to a Master Node (MN) using the 5G RAT without having to reformat the message.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ma et al. (US 2022/0345951) discloses a Master Node, Secondary Node and User Equipment in Mobile Communication Network and Communication Methods Therebetween. (related to optional features of claims 7 & 14)
Wu et al. (US 2021/0014746) discloses a Measurement Method, Measurement Configuration Method, User Equipment and Network Device. (related to optional features of claims 7 & 14)
Chang et al. (US 12720633) discloses a Handover Information Reporting Method, User Equipment, and Communication System.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES P SEYMOUR whose telephone number is (571)272-7654. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached at 571-270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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