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 .
Examiner’s Note
The examiner had reached an attorney for compact prosecution, but no agreement had been reached.
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).
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Claims 1, 6, 12 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, 18 and 26 of U.S. Patent No. 12219635 B2 Feb. 4, 2025. Although the claims at issue are not identical, they are not patentably distinct from each other because –
Claim 1 of current application is as below:
A method performed by a wireless device, the method comprising:
receiving, from a master node for multi-connectivity operation, a radio resource control (RRC) reconfiguration message which includes a master configuration and a conditional PSCell configuration, wherein the master configuration is associated with the master node, wherein the conditional PSCell configuration comprises one or more PSCell configurations and one or more conditions respectively associated with the one or more PSCell configurations, wherein the wireless device is to apply a PSCell configuration when the wireless device detects that the condition associated with that PSCell configuration is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
transmitting a first RRC Reconfiguration Complete message in response to the RRC reconfiguration message, wherein the first RRC Reconfiguration Complete message indicates the wireless device has applied the master configuration; and after transmitting the first RRC Reconfiguration Complete message, when the condition for applying a PSCell configuration of the conditional PSCell configuration is fulfilled, transmitting, to the master node, a second RRC Reconfiguration Complete message that includes an indication indicating which of the one or more PSCell configurations the wireless device has applied.
Claim 1 of U.S. Patent No. 12219635 is as below-
A method performed by a wireless device, the method comprising:
receiving, from a master node for multi-connectivity operation, a configuration message which includes a master configuration and one or more conditional PSCell configurations, wherein the master configuration is associated with the master node, wherein each conditional PSCell configuration comprises a PSCell configuration that the wireless device is to apply when an associated condition is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
transmitting a first message in response to the configuration message, wherein the first message indicates acknowledgement of receipt, applying of, and/or understanding of the master configuration; and
after transmitting the first message, when the condition for applying the PSCell configuration of at least one of the one or more conditional PSCell configurations is fulfilled, transmitting, to the master node, a second message that includes an indication indicating application by the wireless device of the PSCell configuration of at least one of the one or more conditional PSCell configurations.
Here, it is obvious modification from the US Patent’s independent claims by deleting and rewording the features and come up with independent claims of current application.
Dependent claims do not overcome obvious type double patenting.
Claim 6 of current application is as below-
A method performed by a radio network node acting as a master node for multi-connectivity operation, the method comprising:
transmitting, from the master node to a wireless device, a radio resource control (RRC) reconfiguration message which includes a master configuration and a conditional PSCell configuration, wherein the master configuration is associated with the master node, wherein the conditional PSCell configuration comprises one or more PSCell configurations and one or more conditions respectively associated with the one or more PSCell configurations, wherein the wireless device is to apply a PSCell configuration when the wireless device detects that the condition associated with that PSCell configuration is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
receiving, from the wireless device, a first RRC Reconfiguration Complete message in response to the RRC reconfiguration message, wherein the first RRC Reconfiguration Complete message indicates the wireless device has applied the master configuration; and
after receiving the first RRC Reconfiguration Complete message, receiving, from the wireless device, a second RRC Reconfiguration Complete message that includes an indication indicating which of the one or more PSCell configurations the wireless device has applied.
Claim 9 of U.S. Patent No. 12219635is as below-
A method performed by a radio network node acting as a master node for multi-connectivity operation, the method comprising:
transmitting, from the master node to a wireless device, a configuration message which includes a master configuration and one or more conditional PSCell configurations, wherein the master configuration is associated with the master node, wherein each conditional PSCell configuration comprises a PSCell configuration that the wireless device is to apply when an associated condition is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
receiving, from the wireless device, a first message in response to the configuration message, wherein the first message indicates acknowledgement of the receipt, applying of, and/or understanding of the master configuration; and after receiving the first message, receiving, from the wireless device, a second message that includes an indication indicating application by the wireless device of the PSCell configuration of at least one of the one or more conditional PSCell configurations.
Here, it is obvious modification from the US Patent’s independent claims by deleting and rewording the features and come up with independent claims of current application.
Dependent claims do not overcome obvious type double patenting.
Claim 12 of current application is as below-
A wireless device for multi-connectivity operation, the wireless device comprising: communication circuitry; and
processing circuitry configured to:
receive, from a master node for multi-connectivity operation, a radio resource control (RRC) reconfiguration message which includes a master configuration and a conditional PSCell configuration, wherein the master configuration is associated with the master node, wherein the conditional PSCell configuration comprises one or more PSCell configurations and one or more conditions respectively associated with the one or more PSCell configurations, wherein the wireless device is to apply a PSCell configuration when the wireless device detects that the condition associated with that PSCell configuration is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
transmit a first RRC Reconfiguration Complete message in response to the RRC reconfiguration message, wherein the first RRC Reconfiguration Complete message indicates the wireless device has applied the master configuration; and
after transmitting the first RRC Reconfiguration Complete message, when the condition for applying a PSCell configuration of the conditional PSCell configuration is fulfilled, transmit, to the master node, a second RRC Reconfiguration Complete message that includes an indication indicating which of the one or more PSCell configurations the wireless device has applied.
Claim 18 of U.S. Patent No. 12219635 is as below-
A wireless device for multi-connectivity operation, the wireless device comprising: communication circuitry; and
processing circuitry configured to:
receive, from a master node for multi-connectivity operation, a configuration message which includes a master configuration and one or more conditional PSCell configurations, wherein the master configuration is associated with the master node, wherein each conditional PSCell configuration comprises a PSCell configuration that the wireless device is to apply when an associated condition is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
transmit a first message in response to the configuration message, wherein the first message indicates acknowledgement of receipt, applying of, and/or understanding of the master configuration; and
after transmitting the first message, when the condition for applying the PSCell configuration of at least one of the one or more conditional PSCell configurations is fulfilled, transmit, to the master node, a second message that includes an indication indicating application by the wireless device of the PSCell configuration of at least one of the one or more conditional PSCell configurations.
Here, it is obvious modification from the US Patent’s independent claims by deleting and rewording the features and come up with independent claims of current application.
Dependent claims do not overcome obvious type double patenting.
Claim 17 of current application is as below-
A radio network node configurable to act as a master node for multi-connectivity operation, the radio network node comprising:
communication circuitry; and
processing circuitry configured to:
transmit, from the master node to a wireless device, a radio resource control (RRC) reconfiguration message which includes a master configuration and a conditional PSCell configuration, wherein the master configuration is associated with the master node, wherein the conditional PSCell configuration comprises one or more PSCell configurations and one or more conditions respectively associated with the one or more PSCell configurations, wherein the wireless device is to apply a PSCell configuration when the wireless device detects that the condition associated with that PSCell configuration is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
receive, from the wireless device, a first RRC Reconfiguration Complete message in response to the RRC reconfiguration message, wherein the first RRC Reconfiguration Complete message indicates the wireless device has applied the master configuration; and
after receiving the first RRC Reconfiguration Complete message, receive, from the wireless device, a second RRC Reconfiguration Complete message that includes an indication indicating which of the one or more PSCell configurations the wireless device has applied.
Claim 26 of U.S. Patent No. 12219635 is as below-
A radio network node configurable to act as a master node for multi-connectivity operation, the radio network node comprising:
communication circuitry; and
processing circuitry configured to:
transmit, from the master node to a wireless device, a configuration message which includes a master configuration and one or more conditional PSCell configurations, wherein the master configuration is associated with the master node, wherein each conditional PSCell configuration comprises a PSCell configuration that the wireless device is to apply when an associated condition is fulfilled, wherein each PSCell configuration is a configuration of a primary cell of a secondary cell group associated with a secondary node for multi-connectivity operation;
receive, from the wireless device, a first message in response to the configuration message, wherein the first message indicates acknowledgement of the receipt, applying of, and/or understanding of the master configuration; and after receiving the first message, receive, from the wireless device, a second message that includes an indication indicating application by the wireless device of the PSCell configuration of at least one of the one or more conditional PSCell configurations.
Here, it is obvious modification from the US Patent’s independent claims by deleting and rewording the features and come up with independent claims of current application.
Dependent claims do not overcome obvious type double patenting.
Allowable Subject Matter
Claims 1 – 22 are identified as allowable subject matter, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The prior arts made of record and not relied upon are considered pertinent to applicants disclosure.
Wu US PGPub: US 2020/0404563 A1 Dec. 24, 2020.
A configuration method and device are provided. The method includes: receiving a first message transmitted by a network side, wherein the first message includes configuration information of one or more target cells; transmitting a second message to the network side according to the configuration information of the one or more target cells, wherein the second message indicates whether the UE successfully accepts the configuration information of the one or more target cells (ABSTRACT, Figs. 1, 3, 6, paragraphs 0019 – 0027).
Futaki US PGPub: US 2022/0070740 A1 Mar. 3, 2022.
In the conditional handover, the source RAN node 1 transmits a handover instruction including a handover execution condition (e.g., threshold) to the radio terminal 3 via an RRC message. The radio terminal 3 maintains the connection with the source RAN node 1 even after receiving the RRC message, and initiates access to the target RAN node 2 as soon as the configured condition is satisfied. In the conditional handover, the radio terminal 3 may receive from the source RAN node (e.g., eNB) a handover instruction including configurations of a plurality of candidate target cells 21 to 23 and a CHO execution condition (e.g., threshold). The handover instruction including the handover execution condition (e.g., threshold) may be referred to as a conditionalMobilityControlInfo IE. The CHO execution condition (e.g., threshold) may be common to the plurality of candidate target cells 21 to 23, or may be different for each candidate target cell. The radio terminal 3 may perform (or initiate) measurements of the indicated candidate target cells 21 to 23, and when the measurement for any candidate target cell meets a CHO execution threshold, initiate access (e.g., random access) to this candidate cell. The measurement for each candidate target cell may be only a measurement in the concerned candidate target cell if the condition of the conditional handover (e.g., CHO execution threshold) relates only to a measurement result of the candidate target cell. On the other hand, if the condition of the conditional handover relates to measurement results of both the candidate target cell and the source cell (i.e., the current primary serving cell (PCell)), the measurement for the candidate target cell may include both a measurement in the candidate target cell and a measurement in the PCell (paragraph 0034).
The control-plane processing includes communication management of layer 1 - e.g., transmission power control, layer 2 - e.g., radio resource management and hybrid automatic repeat request HARQ processing, and layer 3 - e.g., signaling regarding attach, mobility, and call management (paragraph 0105).
Chen US PGPub: US 2019/0223073 A1 Jul. 18, 2019.
A method for a conditional handover (CHO) is described in some of the present embodiments. The method may receive from a source base station (e.g., a gNB or an eNB) one or more CHO commands that each is associated with one or more triggering conditions for a CHO to a target cell associated with a target base station (e.g., a target gNB or a target eNB). The method may continuously evaluate the triggering condition(s) associated with each received (and valid) CHO command. When the method determines that at least one of the triggering conditions has been fulfilled, the method may execute the CHO command that is associated with the triggering condition in order to connect to one or more candidate target cells associated with the CHO command (ABSTRACT, Figs. 1, 4 – 10, paragraphs 0012 – 0022).
Decarreau US PGPub: US 2020/0396652 A1 Dec. 17, 2020.
Conditional handover method, apparatus where, a user equipment comprising: receiving a first handover message associated with a first identifier associated with a first configuration; subsequently receiving a second handover message associated with a second identifier associated with a second configuration; and in dependence on if a current configuration is the first or the second configuration, causing the respective identifier associated with said first or said second configuration to be transmitted to a target base station (ABSTRACT, Figs. 6 – 9, paragraphs 0007 - 0020).
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/NIMESH PATEL/Primary Examiner, Art Unit 2642
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