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 .
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, and 5 of U.S. Patent No. US 12,219,375 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite the same mobile communication system including a first relay apparatus performing dual connectivity communication with a master node and a secondary node, receiving a first failure notification from the master node, receiving a second failure notification from the secondary node, and transmitting a third failure notification to a lower apparatus. The differences between the instant application and the reference patent is an obvious variation because the reference claims already recite recovery of backhaul communication after the second failure notification.
Instant Application: 19/,007,086
Reference Patent: 17/666,068
Claim 1: A communication control method used in a mobile communication system in which at least one communication path is formed between a user equipment and a donor apparatus by using a plurality of relay apparatuses, the communication control method comprising: performing, by a first relay apparatus included in the plurality of relay apparatuses, dual connectivity communication with a master node and a secondary node; receiving from the master node, by the first relay apparatus, a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification from the master node, receiving from the secondary node, by the first relay apparatus, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the first failure notification from the master node and receiving the second failure notification in response to the procedure for the RRC reestablishment failed, transmitting by the first relay apparatus to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 1: A communication control method used in a mobile communication system in which at least one communication path is formed between a user equipment and a donor apparatus by using a plurality of relay apparatuses, the communication control method comprising: performing, by a first relay apparatus included in the plurality of relay apparatuses, dual connectivity communication with a master node and a secondary node; receiving from the master node, by the first relay apparatus, a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification, receiving from the secondary node, by the first relay apparatus, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the second failure notification, starting a timer by the first relay apparatus; and in response to expiration of the timer, transmitting by the first relay apparatus to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 2: after receiving the second failure notification, performing recovery of backhaul communication of the first relay apparatus.
Claim 3: after receiving the second failure notification, performing recovery of backhaul communication of the first relay apparatus.
Claim 3: A first relay apparatus included in a plurality of relay apparatuses forming at least one communication path between a user equipment and a donor apparatus, the first relay apparatus comprising a processor and a memory, the processor configured to: perform dual connectivity communication with a master node and a secondary node; receive from the master node a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification from the master node, receive, from the secondary node, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the first failure notification from the master node and receiving the second failure notification from the secondary node, initiate a procedure for an RRC reestablishment; and in response to the procedure for the RRC reestablishment failed, transmit to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 4: A first relay apparatus included in a plurality of relay apparatuses forming at least one communication path between a user equipment and a donor apparatus, the first relay apparatus comprising a processor and a memory, the processor configured to: perform dual connectivity communication with a master node and a secondary node; receive from the master node, a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification, receive, from the secondary node, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the second failure notification, start a timer; and in response to expiration of the timer, transmit to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claims 4: A chipset provided in a first relay apparatus included in a plurality of relay apparatuses forming at least one communication path between a user equipment and a donor apparatus, the chipset configured to execute processing of: performing dual connectivity communication with a master node and a secondary node; receiving from the master node a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification from the master node, receiving from the secondary node, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the first failure notification from the master node and receiving the second failure notification from the secondary node, initiating a procedure for an RRC reestablishment; and in response to the procedure for the RRC reestablishment failed, transmitting to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 5: A chipset provided in a first relay apparatus included in a plurality of relay apparatuses forming at least one communication path between a user equipment and a donor apparatus, the chipset comprising a processor and a memory, the processor configured to: perform dual connectivity communication with a master node and a secondary node; receive from the master node, a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification, receive from the secondary node, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the second failure notification, start a timer; and in response to expiration of the timer, transmit to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 5: performing dual connectivity communication with a master node and a secondary node; receiving from the master node a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification from the master node, receiving, from the secondary node, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the first failure notification from the master node and receiving the second failure notification from the secondary node, initiating a procedure for an RRC reestablishment; and in response to the procedure for the RRC reestablishment failed, transmitting to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 1: performing, by a first relay apparatus included in the plurality of relay apparatuses, dual connectivity communication with a master node and a secondary node; receiving from the master node, by the first relay apparatus, a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification, receiving from the secondary node, by the first relay apparatus, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the second failure notification, starting a timer by the first relay apparatus; and in response to expiration of the timer, transmitting by the first relay apparatus to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 6: A mobile communication system in which at least one communication path is formed between a user equipment and a donor apparatus by using a plurality of relay apparatuses, the mobile communication system comprises: a first relay apparatus included in the plurality of relay apparatuses, wherein the first relay apparatus is configured to: perform dual connectivity communication with a master node and a secondary node; receive, from the master node, a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification from the master node, receive from the secondary node, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the first failure notification from the master node and receiving the second failure notification from the secondary node, initiate a procedure for an RRC reestablishment; and in response to the procedure for the RRC reestablishment failed, transmit to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Claim 1: performing, by a first relay apparatus included in the plurality of relay apparatuses, dual connectivity communication with a master node and a secondary node; receiving from the master node, by the first relay apparatus, a first failure notification on a failure of a backhaul link between an upper apparatus of the master node and the master node; after receiving the first failure notification, receiving from the secondary node, by the first relay apparatus, a second failure notification on a failure of a backhaul link between an upper apparatus of the secondary node and the secondary node; after receiving the second failure notification, starting a timer by the first relay apparatus; and in response to expiration of the timer, transmitting by the first relay apparatus to a lower apparatus of the first relay apparatus, a third failure notification on a failure of a backhaul link of the first relay apparatus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hampel et al. (US 2020/0092784 A1) discloses “Management of Radio Link Failure in Wireless Backhaul”
Jung et al. (US 2022/0070959 A1) discloses “Method and Apparatus for Failure Notification on Backhaul Link in Wireless Communication System”
Muhammad et al. (US 2022/0132337 A1) discloses “Using Alternative Paths of Descendant Nodes for Backhaul-Link Failure Reporting in Integrated Access”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M KAYAL whose telephone number is (703)756-4576. The examiner can normally be reached M-F 8-5 ET.
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/D.M.K./Examiner, Art Unit 2464
/RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464
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