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 statements (IDS) submitted on December 18. 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 Japanese Application No. 2019-086500, filed on April 26, 2019.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7, of Fujishiro et al, U.S. Patent Publication No. 12213200 B2 (hereinafter Fujishiro), as indicated below. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasoning.
Regarding Claims of Instant Application:
US 12213200 B2
Instant Application
Claim 1.
A communication control method for controlling predetermined communication in which a wireless communication node communicates with a first node and a second node, the communication control method comprising:
detecting, by the wireless communication node, degradation of a radio link between the first node and the wireless communication node;
starting, by the wireless communication node, a timer in response to the detecting of the degradation of the radio link;
transmitting, by the wireless communication node, an indication of the degradation of the radio link, to the second node in response to the detecting of the degradation of the radio link;
and transmitting an indication of recovery of the radio link in response to detecting recovery of the radio link within a predetermined amount of time after transmitting the indication of the degradation of the radio link
Claim 1.
A communication control method for controlling predetermined communication in which a wireless communication node communicates with a first node and a second node, the communication control method comprising:
detecting, by the wireless communication node, degradation of a radio link between the first node and the wireless communication node;
transmitting, by the wireless communication node, an indication of the degradation of the radio link, to the second node in response to the detecting of the degradation of the radio link;
and transmitting, by the wireless communication node, an indication of recovery of the radio link in response to detecting recovery of the radio link, to the second node,
after transmitting the indication of the degradation of the radio link.
Claim 7.
Directed to an apparatus for controlling a wireless communication node in predetermined communication in which the wireless communication node communicates simultaneously with a first node and a second node, the wireless communication node comprising a processor and a memory, the processor configured to perform operations that are similar to those of the wireless communication node in claim 1.
Claim 2, 5
Directed to a wireless communication node, and system that comprises each of the nodes recited in claim 1, performing operationally similar functions.
Claim 7.
Directed to an apparatus for controlling a wireless communication node in predetermined communication in which the wireless communication node communicates simultaneously with a first node and a second node, the wireless communication node comprising a processor and a memory, the processor configured to perform operations that are similar to those of the wireless communication node in claim 1.
Claim 3, 4
Directed to an apparatus for controlling a wireless communication node, and non-transitory computer-readable medium, respectively, both operationally similar to the communication node in claim 1, differing from claim 1 only in that the wireless communication node communicates simultaneously with a first node and a second node.
As may be seen from the claim comparison, the Instant Application and US 12213200 each recite a wireless communication node indicating to second node of a degraded link to the first node, and subsequently indicating to second node that the wireless node has detected recovery of the link to the first node.
Allowable Subject Matter
Claims 1-5 would be allowable if the double patenting rejection is addressed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent Claim 1, directed to a method for controlling predetermined communication in which a wireless communication node communicates with a first node and a second node, independent Claim 2, directed to a wireless communication node, configured to perform operations that are functionally similar to the method of claim 1, independent Claim 3, directed to an apparatus for controlling a wireless communication node in predetermined communication in which the wireless communication node communicates simultaneously with a first node and a second node, further configured to perform operations that are functionally similar to the method of claim 1, independent Claim 4, directed to a non-transitory computer-readable medium, configured to perform operations that are functionally similar to those performed by the apparatus of claim 3, and independent Claim 5, directed to a system comprising a first node, a second node, and a wireless communication node in which each performs functionally similar functions to those performed by each device in the method of claim 1, prior art discloses predetermined communication in which a wireless communication node communicates simultaneously with a first node and a second node, detecting, by the wireless communication node, degradation of a radio link between the first node and the wireless communication node, as may be seen in Chen, U.S. Patent Application Publication No. 20150133122 A1 (e.g., FIGS. 1-3, 5, UE communicates with MeNB (master) and SeNB (secondary); e.g., ¶ [0007] eNB and SeNB can simultaneously transmit user plane data of a split radio bearer to the UE via Uu. Similarly, the UE can simultaneously transmit user plane data of a split radio bearer to the MeNB and SeNB; e.g., ¶ [0010], method of handing radio link failure (RLF) in dual connectivity; e.g., FIG. 5, ¶ [0023]-[0028] process 50 is utilized in the UE for handling radio link failure (RLF) in dual connectivity (¶ [0026], detect RLF])), which further discloses transmitting, by the wireless communication node, an indication of the degradation of the radio link, to the second node in response to the detecting of the degradation of the radio link (e.g., FIG. 5, after detecting RLF on first eNB [i.e., MeNB, ¶ [0053]], send RLF cause report to second eNB [i.e., SeNB]).
Prior art of record teaches UE receiving a failure recovery configuration after the network determines a link failure, as may be seen in Zhang et al, U.S. Patent Application Publication No. 20210352753 (e.g., ¶ [0008] [0015], detecting fourth information in a first time period based on the third information, where the fourth information indicates link failure recovery response information, and a start moment of the first time period is after a sending moment of the third information [i.e., reference signal, from which network determines channel quality and possible link failure (e.g., ¶ [0008])).
Prior art of record discloses UE initiating a link recovery after detecting link failure with first node, by communicating through second node, suspending communication with first node, as may be seen in Kimba Dit Adamou et al, Chinese Patent Application Publication No. CN 111278168 A (using citations from related U.S. Patent Application Publication No. 20210345437 A1 (e.g., ¶ [0005] Currently, when the UE is dual connected to the MN and the SN, if the UE detects an MCG link failure (MCG link failure) in the MN, a method for fast recovering link is that the UE may perform reporting through an SCG link of the SN and recover the MCG link fast (Fast recovery, FR). The FR may fail (FRF)), and Xu et al, Chinese Patent Application Publication No. 111565407 B (e.g., ¶ [0113] FIGS. 12-19 are signal flow diagrams illustrating various possible scenarios in which such a MCG failure recovery procedure may be attempted via a SCG path. FIG. 12 illustrates a scenario in which MCG failure recovery is performed via a split SRB (e.g., SRB1). As shown, in 1208, a UE 1206, MN 1202, and SN 1204 may be configured to communicate in dual connectivity mode. In 1210, the UE 1206 may determine that MCG link failure has occurred, but that the SCG link remains connected, and may initiate a MCG failure recovery procedure, including suspending MCG transmission, continuing SCG data transmission, and transmitting MCG failure information on the SRB1. In 1212, the SN 1204 may receive the MCG failure information via the SRB1, and may forward the SRB1 data (e.g., including the MCG failure information) to the MN 1202. In 1214, based on the MCG failure information, the MN 1202 may determine not to change the PCell for the UE 1206, but to adjust the PCell configuration for the UE 1206. The MN 1202 may provide RRC reconfiguration information indicating this adjustment to the SN 1204, which may in turn provide the RRC reconfiguration information to the UE 1206, e.g., using the SCG leg of the SRB1. In 1216, the UE 1206 may receive the RRC reconfiguration message, and may apply the indicated PCell configuration, resume MCG transmission (possibly only on the PCell, with the Scell in a deactivated state), and transmit a RRC reconfiguration complete message to the MN 1202).
The prior art of record fails to teach or fairly suggest, individually or in combination, or render obvious the limitations regarding transmitting, by the wireless communication node, an indication of recovery of the radio link in response to detecting recovery of the radio link, to the second node, after transmitting the indication of the degradation of the radio link.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References considered relevant to this application are listed in the attached "Notice of References Cited” (PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is (571)272-0549. The examiner can normally be reached Monday--Friday (9-5).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy Kundu can be reached on (571) 272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VLADISLAV Y AGUREYEV/Examiner, Art Unit 2471
Prosecution Insights