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 .
DETAILED ACTION
The IDS has been considered by the examiner.
The specification and drawings have been accepted by the examiner.
Claim Objection
Claims 2-7 and 9-18 are objected to because they include the phrase “in case”. The phrases “in case”, “when”, “if” and “in response to" make the claims elements conditional.
A conditional limitation is a claim feature that depends on a certain condition being present. For example, when or if condition X is present, feature Y is implemented or has effect. Without condition X, feature Y may be dormant or have no effect. Applicant should be cognizant of possible conditional limitations implications because conditional limitations may affect claim validity and infringement. In this case, the limitation “if dedicated resource information for the paging signaling is received from the base station” in claims 15 is conditional, thus, the remainder of claim limitations may not happen. See In Ex Parte Schulhauser, the Patent Trial and Appeal Board (“the Board”) held certain claims as unpatentable based on conditional limitations. Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016). The claimed subject matter related to “medical devices for monitoring physiological conditions and, in some embodiments, to a minimally invasive implantable device for monitoring a physiological conditions [sic] and detecting the onset of a critical cardiac event such as a myocardial infarction.” U.S. Patent No. 5987352 (filed July 31, 2008). The Board evaluated the effect of conditional limitations on independent method claim 1 and independent system claim 11. Schulhauser at 1.
Applicant is required to amend the claims so the claims are presented in positive steps by changing the phrases “in case”, when”, “if” or “in response" to phrases such as “after determining”.
Applicant is invited to discuss this matter with the examiner.
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.
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 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.
Claim(s) 1-4, 6-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHOE (US 2023/0131696) in view of Byun (US 20190394825).
Referring to claim 1, CHOE discloses an emergency service in a wireless network (Abstract, FIG. 12 and Par. 244, “IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports”), the method comprising:
detecting a current cell on which the UE is camped, wherein the UE is in an any cell state (Par. 246, Par. 191, “If UE is in camped on any cell state, UE shall only apply the priorities provided by system information from current cell, and the UE preserves priorities provided by dedicated signalling and deprioritisationReq received in RRCRelease unless specified otherwise”, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell”, note that the UE receives system information from the current cell it is camped on, thus, it detects the current cell it is camped on. Further, note that the UE recognizes whether or not the current cell supports emergency calls, thus, it detects a current cell on which the UE is camped), and
wherein the UE is in one of a Stand-alone Non-Public Network (SNPN) access mode and a non- SNPN access mode (Par. 233, 251, “If no acceptable cell is found according to the above, the UE not in SNPN Access Mode shall continue to search for an acceptable cell”, note that the claim limitation includes an alternative language, thus it is sufficient for prior art to disclose only one of the alternatives, in this case non- SNPN access mode);
determining whether the current cell supports the emergency service or does not support the emergency service (Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”); and
based on a result of the determination, performing a cell selection or a cell reselection on cells (Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. [0246], “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that the UE determines whether a cell supports IMS emergency supports and based on that determination selects/reselects a cell that supports emergency call support).
CHOE is not relied on for disclosing: performing a cell selection or a cell reselection on cells other than the current cell or cells other than a previous cell.
In analogous art, Byun discloses performing a cell selection or a cell reselection on cells other than the current cell or cells other than a previous cell (Par. 9, 147, “selects a cell other than the serving cell”).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of CHOE by incorporating the teachings of Byun so that new cells in the neighborhood are attempted, for the purpose of avoiding defects of the current cell. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Referring to claim 2, the combination of CHOE/Byun discloses the method of claim 1, further comprises performing one of:
in case that the current cell on which the UE (100) is camped, does not support the emergency service, executing by the UE for the current cell or a frequency of the current cell at least one of: barring the current cell or the frequency of the current cell and starting one of a cell barring timer for the barred current cell or a frequency barring timer for the barred frequency of the current cell, deprioritizing the current cell or the frequency of the current cell with a lowest priority for performing cell selection or cell reselection, and allowing the UE to perform the cell selection or cell reselection on cells other than the current cell or the frequency of the current cell, and in case that the current cell on which the UE is camped, supports the emergency service, executing by the UE for a previous cell on which the UE is camped or a frequency of the previous cell that does not support the emergency service at least one of: barring the previous cell or the frequency of the previous cell and starting one of a cell barring timer for the barred previous cell or a frequency barring timer for the barred frequency of the previous cell, deprioritizing the previous cell or the frequency of the previous cell with a lowest priority for performing cell the selection or cell reselection, and allowing the UE to perform the cell selection or cell reselection on cells other than the previous cell or the frequency of the previous cell (CHOE, Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”, note that When information on the BCCH used for the cell reselection evaluation procedure has been modified. [0245] regularly attempt to find a suitable cell trying all frequencies of all RATs that are supported by the UE. If a suitable cell is found, UE shall move to camped normally state. [0246] if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found. Further note that due to the alternative claim language format it is sufficient for prior art to disclose only one of the alternatives, in this case, the prior art teaches the alternatives “allowing the UE to perform the cell selection or cell reselection on cells other than the current cell or the frequency of the current cell”. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would presented as a positive claim step).
Referring to claim 3, the combination of CHOE/Byun discloses the method of claim 1, wherein, in case that the current cell on which the UE (100) is camped, does not support the emergency service, the method comprises: determining, by the UE (100), an availability of a suitable cell on all frequencies of all Radio Access Technologies (RATs) supported by the UE (100); and performing, by the UE (100), one of: camping the UE to the suitable cell and moving to a camped normal state, in case that the suitable cell is available, and performing the cell selection or cell reselection to a cell that supports the emergency service in any supported RAT regardless of priorities provided in system information from the current cell, in case that the suitable cell is not available (CHOE, Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative camping the UE to the suitable cell and moving to a camped normal state, in case that the suitable cell is available. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would presented as a positive claim step).
Referring to claim 4, the combination of CHOE/Byun discloses the method of claim 1, wherein, in case that the current cell on which the UE (100) is camped, does not support the emergency service, the method comprises:
determining, by the UE (100), whether the cell barring timer for the barred current cell or the frequency barring timer for the barred frequency of the current cell is expired; and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the current cell or the frequency of the current cell, wherein the barring of the current cell or the frequency is for a pre-configured or a pre-specified time duration, wherein the UE (100) maintains a cell barring timer or a frequency barring timer to track of a barring operation, and wherein in case that the frequency barring timer expires, the UE (100) considers the frequency or the current cell pertaining to the frequency for at least one of cell selection and cell reselection (CHOE, Par. 244, 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”, note that When information on the BCCH used for the cell reselection evaluation procedure has been modified. Par. 245, regularly attempt to find a suitable cell trying all frequencies of all RATs that are supported by the UE. If a suitable cell is found, UE shall move to camped normally state. [0246] if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found. Further, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative option, “allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell” is disclosed. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would be presented as a positive claim step).
Referring to claim 6, the combination of CHOE/Byun discloses the method of claim 1, wherein, in case that the current cell on which the UE (100) is camped, supports the emergency service, the method further comprises: starting, by the UE (100), a de-prioritization timer for the deprioritized previous cell or a frequency de-prioritization timer for the deprioritized frequency of the previous cell; determining, by the UE (100), whether the de-prioritization timer or the frequency de-prioritization timer is expired; and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell; and wherein the de-prioritization of the cell or the frequency is for a pre- configured or a pre-specified time duration, wherein the UE (100) maintains a cell de-prioritization timer or a frequency de-prioritization timer to track of a de-prioritization operation, and wherein in case that the frequency de-prioritization timer expires, wherein the UE (100) considers the frequency for at least one of cell selection and cell reselection (CHOE, Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative option, “allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell” is disclosed. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would be presented as a positive claim step).
Referring to claim 7, the combination of CHOE/Byun discloses the method of claim 1, wherein, in case that the current cell on which the UE (100) is camped, supports the emergency service, the method comprises: determining, by the UE (100), at least one candidate cell satisfying a cell reselection criteria; and executing, by the UE (100), the at least one candidate cell or a frequency of the at least one candidate cell that does not support the emergency service at least one of: barring the at least one candidate cell or the frequency of the at least one candidate cell and starting one of a cell barring timer for the at least one barred candidate cell or a frequency barring timer for the barred frequency of the at least one candidate cell, deprioritizing the at least one candidate cell or the frequency of the at least one candidate cell with a lowest priority for performing the cell selection or cell reselection, and allowing the UE (100) to perform the cell selection or cell reselection on cells other than the at least one candidate cell or the frequency of the at least one candidate cell, wherein the method further comprises performing one of: determining, by the UE (100), an optimal cell that satisfies a reselection criteria and supports the emergency service, and reselecting, by the UE (100), the optimal cell as per a cell reselection procedure; determining, by the UE(100), whether the cell barring timer or the frequency barring timer for the barred at least one candidate cell is expired, and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the at least one candidate cell or the frequency of the at least one candidate cell; and in case that the current cell on which the UE (100) is camped, supports the emergency service, the method comprises starting, by the UE (100), a de-prioritization timer for the deprioritized at least one candidate cell or a frequency de-prioritization timer for the deprioritized frequency of the at least one candidate cell, determining, by the UE (100), whether the de-prioritization timer or the frequency de-prioritization timer is expired, and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the at least one candidate cell or the frequency of the at least one candidate cell (CHOE, Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. [0246], “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that the UE determines whether a cell supports IMS emergency supports and based on that determination selects/reselects a cell that supports emergency call support. Also see Par. 244, 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated … UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”, note that When information on the BCCH used for the cell reselection evaluation procedure has been modified. [0245] regularly attempt to find a suitable cell trying all frequencies of all RATs that are supported by the UE. If a suitable cell is found, UE shall move to camped normally state. [0246] if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found . Further, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative option, “allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell” is disclosed. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would be presented as a positive claim step).
Referring to claim 8, CHOE discloses a UE for supporting emergency service in a wireless network (FIG. 2, 3 and 5, Par. 24, “UE”), wherein the UE comprising:
a memory; a processor; and an emergency service support controller, communicatively coupled to the memory and the processor (FIG. 5, “Processor (DSP/Microprocessor”, “Memory”, note that eh processor is also the emergency service support controller), configured to:
detect a current cell on which the UE is camped, wherein the UE is in an any cell state (Par. 246, Par. 191, “If UE is in camped on any cell state, UE shall only apply the priorities provided by system information from current cell, and the UE preserves priorities provided by dedicated signalling and deprioritisationReq received in RRCRelease unless specified otherwise”, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell”, note that the UE receives system information from the current cell it is camped on, thus, it detects the current cell it is camped on. Further, note that the UE recognizes whether or not the current cell supports emergency calls, thus, it detects a current cell on which the UE is camped), and
wherein the UE is in one of a Stand-alone Non-Public Network (SNPN) access mode and a non- SNPN access mode (Par. 233, 251, “If no acceptable cell is found according to the above, the UE not in SNPN Access Mode shall continue to search for an acceptable cell”, note that the claim limitation includes an alternative language, thus it is sufficient for prior art to disclose only one of the alternatives, in this case non- SNPN access mode);
determine whether the current cell supports the emergency service or does not support the emergency service (Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”); and
based on a result of the determination, perform a cell selection or a cell reselection on cells (Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. [0246], “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that the UE determines whether a cell supports IMS emergency supports and based on that determination selects/reselects a cell that supports emergency call support).
CHOE is not relied on for disclosing: performing a cell selection or a cell reselection on cells other than the current cell or cells other than a previous cell.
In analogous art, Byun discloses performing a cell selection or a cell reselection on cells other than the current cell or cells other than a previous cell (Par. 9, 147, “ selects a cell other than the serving cell”).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of CHOE by incorporating the teachings of Byun so that new cells in the neighborhood are attempted, for the purpose of avoiding defects of the current cell. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Referring to claim 9, the combination of CHOE/Byun discloses the UE (100) of claim 8, wherein the emergency service support controller (140) further configured to perform one of: in case that the current cell on which the UE (100) is camped, does not support the emergency service, execute the current cell or a frequency of the current cell at least one of: bar the current cell or the frequency of the current cell and start one of a cell barring timer for the barred current cell or a frequency barring timer for the barred frequency of the current cell, deprioritize the current cell or the frequency of the current cell with a lowest priority for performing cell selection or cell res- election, and allow the UE (100) to perform the cell selection or cell re- selection on cells other than the current cell or the frequency of the current cell, and in case that the current cell on which the UE (100) is camped, supports the emergency service, execute a previous cell on which the UE (100) is camped or a frequency of the previous cell that does not support the emergency service at least one of: bar the previous cell or the frequency of the previous cell and start one of a cell barring timer for the barred previous cell or a frequency barring timer for the barred frequency of the previous cell, deprioritize the previous cell or the frequency of the previous cell with a lowest priority for perform cell the selection or cell reselection, and allow the UE (100) to perform the cell selection or cell reselection on cells other than the previous cell or the frequency of the previous cell (CHOE, Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”, note that When information on the BCCH used for the cell reselection evaluation procedure has been modified. [0245] regularly attempt to find a suitable cell trying all frequencies of all RATs that are supported by the UE. If a suitable cell is found, UE shall move to camped normally state. [0246] if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found. Further note that due to the alternative claim language format it is sufficient for prior art to disclose only one of the alternatives, in this case, the prior art teaches the alternatives “allowing the UE to perform the cell selection or cell reselection on cells other than the current cell or the frequency of the current cell”. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would presented as a positive claim step).
Referring to claim 10, the combination of CHOE/Byun discloses the UE (100) of claim 8, wherein, in case that the current cell on which the UE (100) is camped, does not support the emergency service, the emergency service support controller (140) is configured to: determine an availability of a suitable cell on all frequencies of all Radio Access Technologies (RATs) supported by the UE (100), and perform one of: camp the UE (100) to the suitable cell and moving to a camped normal state, in case that the suitable cell is available, and perform the cell selection or cell reselection to a cell that supports the emergency service in any supported RAT regardless of priorities provided in system information from the current cell, in case that the suitable cell is not available (CHOE, Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative camping the UE to the suitable cell and moving to a camped normal state, in case that the suitable cell is available. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would presented as a positive claim step).
Referring to claim 11, the combination of CHOE/Byun discloses the UE (100) of claim 8, wherein, in case that the current cell on which the UE (100) is camped, does not support the emergency service, the emergency service support controller (140) is configured to: determine whether the cell barring timer for the barred current cell or the frequency barring timer for the barred frequency of the current cell is expired, and allow the UE (100) to perform the cell selection or cell reselection on the cells including the current cell or the frequency of the current cell, wherein the barring of the current cell or the frequency is for a pre- configured or a pre-specified time duration, wherein the UE (100) maintains a cell barring timer or a frequency barring timer to track of a barring operation, and wherein in case that the frequency barring timer expires, the UE (100) considers the frequency or the current cell pertaining to the frequency for at least one of cell selection and cell reselection (CHOE, Par. 244, 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”, note that When information on the BCCH used for the cell reselection evaluation procedure has been modified. Par. 245, regularly attempt to find a suitable cell trying all frequencies of all RATs that are supported by the UE. If a suitable cell is found, UE shall move to camped normally state. [0246] if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found. Further, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative option, “allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell” is disclosed. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would be presented as a positive claim step).
Referring to claim 13, the combination of CHOE/Byun discloses the UE (100) of claim 8, wherein, in case that the current cell on which the UE (100) is camped, supports the emergency service, the emergency service support controller (140) is configured to: start a de-prioritization timer for the deprioritized previous cell or a frequency de-prioritization timer for the deprioritized frequency of the previous cell, determine whether the de-prioritization timer or the frequency de- prioritization timer is expired, and allow the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell, wherein the de-prioritization of the cell or the frequency is for a pre- configured or a pre-specified time duration, wherein the UE (100) maintains a cell de-prioritization timer or a frequency de-prioritization timer to track of a de-prioritization operation, and wherein the UE (100) considers the frequency for at least one of cell selection and cell reselection, in case that the frequency de- prioritization timer expires (CHOE, Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. Par. 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative option, “allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell” is disclosed. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would be presented as a positive claim step).
Referring to claim 14, the combination of CHOE/Byun discloses the UE (100) of claim 8, wherein, in case that the current cell on which the UE (100) is camped, supports the emergency service, the emergency service support controller (140) is configured for: determine at least one candidate cell satisfying a cell reselection criteria; and execute the at least one candidate cell or a frequency of the at least one candidate cell that does not support the emergency service at least one of: bar the at least one candidate cell or the frequency of the at least one candidate cell and start one of a cell barring timer for the at least one barred candidate cell or a frequency barring timer for the barred frequency of the at least one candidate cell, deprioritize the at least one candidate cell or the frequency of the at least one candidate cell with a lowest priority for performing the cell selection or cell reselection, and allow the UE (100) to perform the cell selection or cell reselection on cells other than the at least one candidate cell or the frequency of the at least one candidate cell (CHOE, Par. 244, “If a suitable cell is found, UE shall move to camped normally state”. [0246], “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls”, note that the UE determines whether a cell supports IMS emergency supports and based on that determination selects/reselects a cell that supports emergency call support. Also see Par. 244, 246, “if the UE supports voice services and the current cell does not support IMS emergency calls as indicated … UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found”, note that When information on the BCCH used for the cell reselection evaluation procedure has been modified. [0245] regularly attempt to find a suitable cell trying all frequencies of all RATs that are supported by the UE. If a suitable cell is found, UE shall move to camped normally state. [0246] if the UE supports voice services and the current cell does not support IMS emergency calls as indicated by the field ims-EmergencySupport in SIB1, the UE shall perform cell selection/reselection to an acceptable cell that supports emergency calls in any supported RAT regardless of priorities provided in system information from current cell, if no suitable cell is found . Further, note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives, in this case, the alternative option, “allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell” is disclosed. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would be presented as a positive claim step).
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHOE (US 2023/0131696) in view of Byun (US 20190394825) and further in view of SUZUKI (US 2014/0198640).
Referring to claim 5, the combination of CHOE/Byun discloses the method of claim 1.
The above combination is not relied on for performing one of: wherein, in case that the current cell on which the UE (100) is camped, supports the emergency service, the method comprises determining, by the UE (100), whether the cell barring timer for the barred previous cell or the frequency barring timer for the barred frequency of the previous cell is expired, and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell; and wherein, in case that the current cell on which the UE (100) is camped, does not support the emergency service, the method comprises starting, by the UE (100), a de-prioritization timer for the deprioritized current cell or a frequency de-prioritization timer for the deprioritized frequency of the current cell, determining, by the UE (100), whether the de-prioritization timer or the frequency de-prioritization timer is expired, and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the current cell or the frequency of the current cell.
In an analogous art, SUZUKI discloses performing one of: wherein, in case that the current cell on which the UE (100) is camped, supports the emergency service, the method comprises determining, by the UE (100), whether the cell barring timer for the barred previous cell or the frequency barring timer for the barred frequency of the previous cell is expired, and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the previous cell or the frequency of the previous cell; and wherein, in case that the current cell on which the UE (100) is camped, does not support the emergency service, the method comprises starting, by the UE (100), a de-prioritization timer for the deprioritized current cell or a frequency de-prioritization timer for the deprioritized frequency of the current cell, determining, by the UE (100), whether the de-prioritization timer or the frequency de-prioritization timer is expired, and allowing the UE (100) to perform the cell selection or cell reselection on the cells including the current cell or the frequency of the current cell (Par. 22, 23, 23 and 33, 35,“ If a UE receives the de-prioritization request, the UE stores the de-prioritization request until the de-prioritization timer expiry, irrespective of any other cell reselection absolute priority assignments received through dedicated or common signaling. Further, the de-prioritization request is stored regardless of any RRC connections in the E-UTRA or other radio access technologies”, “if de-prioritization is requested, the current frequency instantly becomes the lowest priority frequency. However, such lowering of the priority does not cause the UE to instantly reselect to a different, higher priority frequency. It may in fact take a long time before the UE reselects to a higher priority frequency after the de-prioritization when there are multiple numbers of frequencies to monitor”. Note that there are multiple alternative limitations in the claim language and it is proper and sufficient for prior art to disclose only one of the alternatives. Further note that the entire claim language includes the conditional statement “in case”, thus, all the limitations following the “in case” phrase are conditional and they may not happen. Applicant is required to replace the “in case” phrase with “determining” so that the limitation would presented as a positive claim step).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of CHOE by incorporating the teachings of SUZUKI so that priority is modified in order to ascertain that the emergency call goes through. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Claim 12 recites features analogous to the features of claim 5, thus, it is rejected for the same reasons as set forth above.
Allowable Subject Matter
Claim(s) 15 is/are objected to as being dependent upon a rejected base claim, but would be allowable one the objections are overcome and if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is the examiner’s statement of reasons for allowance:
Regarding claim 15:
The prior art fails to disclose or suggest the limitations “determine an optimal cell that satisfies a reselection criteria and supports the emergency service, and reselect the optimal cell as per a cell reselection procedure, determine whether the cell barring timer or the frequency barring timer for the barred at least one candidate cell is expired, and allow the UE (100) to perform the cell selection or cell reselection on the cells including the at least one candidate cell or the frequency of the at least one candidate cell, and in case that the current cell on which the UE (100) is camped, supports the emergency service, start a de-prioritization timer for the deprioritized at least one candidate cell or a frequency de-prioritization timer for the deprioritized frequency of the at least one candidate cell, determine whether the de-prioritization timer or the frequency de- prioritization timer is expired, and allow the UE (100) to perform the cell selection or cell reselection on the cells including the at least one candidate cell or the frequency of the at least one candidate cell”, along with the other limitations of the intermediate and/or base claims.
Applicant is invited to contact the examiner to discuss claim amendments in order to place claims in condition for allowance and thereby expedite prosecution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED A CASCA whose telephone number is (571)272-7918. The examiner can normally be reached on Monday through Friday from 9 to 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, Kathy Wang-Hurst, can be reached at (571) 270-5371. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/FRED A CASCA/Primary Examiner, Art Unit 2644
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