Ex Parte Cui et al

Patent Trial and Appeal Board

Oct 16, 2017

14372666 (P.T.A.B. Oct. 16, 2017)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
14/372,666 07/16/2014 Tao Cui 1009-1006/P41157 US2 9329
7590
Murphy, Bilak & Homiller/Ericsson
1255 Crescent Green
Suite 200
Cary, NC 27518
EXAMINER
ASEFA, DEBEBE A
ART UNIT PAPER NUMBER
2476
NOTIFICATION DATE DELIVERY MODE
10/18/2017 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
official@mbhiplaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte TAO CUI, WALTER MULLER, and ZHIYI XUAN1
Appeal 2017-003652
Application 14/372,666
Technology Center 2400
Before ROBERT E. NAPPI, SCOTT B. HOWARD, and JOYCE CRAIG
Administrative Patent Judges.
NAPPI, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134(a) of the final
rejection of claims 42 through 67. We have jurisdiction under
35 U.S.C. § 6(b).
We reverse.
INVENTION
The invention is directed to a technique for use in a wireless network,
where the network provides assistance information to a mobile terminal for
1 According to Appellant, the Real Party in Interest is Telefonaktiebolaget
LM Ericsson (publ). App. Br. 2
Appeal 2017-003652
Application 14/372,666
cell selection at re-establishment of a connection after a radio link failure.
Spec., Abstract.
Claim 42 is illustrative of the invention and is reproduced below.
42. A method in a mobile terminal for controlling
connection re-establishment between said mobile terminal and a
wireless communication network, said mobile terminal being
served in a first cell of said network, the method comprising:
receiving a configuration message from the
network, the configuration message comprising
assistance information for radio resource control (RRC)
connection re-establishment including at least one carrier
frequency; and,
responsive to subsequently losing connection with
the first cell due to radio link failure, initiating a cell
search using the assistance information including the at
least one carrier frequency.
REJECTION AT ISSUE
The Examiner has rejected claims 42 through 67 under 35 U.S.C.
§ 102(a) as anticipated by Jung et al. (U.S. 8,891,394 B2, issued Nov. 18,
2014).
ANALYSIS
We have reviewed Appellants’ arguments in the Briefs, the
Examiner’s rejection, and the Examiner’s response to Appellants’
arguments. Appellants’ arguments have persuaded us of error in the
Examiner’s anticipation rejection of claims 42 through 67.
Appellants argue independent claims 42 and 55 recite that the mobile
terminal performs a cell search in response to losing a connection due to a
radio link failure and uses assistance information, received from the
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Appeal 2017-003652
Application 14/372,666
network, for RRC (Radio Resource Control) connection re-establishment.
App. Br. 8—10. Appellants argue that Jung teaches a mobile device is sent a
measurement configuration message that is used by the mobile device to
measure serving and neighbor cells to provide measurement reports back to
the network, but does not teach that this measurement configuration is used
as part of RRC connection re-establishment. App. Br. 8. We concur with
the Appellants. The Examiner’s response focuses on Jung’s discussion of
the RRC connection re-establishment, but does not identify where Jung
teaches that information provided by the network in a prior communication
is used in the RRC connection re-establishment. Answer 5—6 (citing Figs.
4—6, 9-16). We have reviewed the cited sections of the disclosure and do
not find a disclosure of using assistance information as part of the RRC
connection re-establishment procedure.
With respect to independent claims 48 and 61, Appellants argue the
claims recite a limitation directed to a network node sending a message with
assistance information for connection re-establishment which is not taught
by Jung as discussed above with respect to claim 42. App. Br. 11. We
concur with Appellants. Accordingly, we do not sustain the Examiner’s
anticipation rejection of claims 42 through 67.
DECISION
The decision of the Examiner to reject claims 42 through 67 as being
anticipated by Jung is reversed.
REVERSED
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