Datum Blatt ‘Anmetde-Ne
date cf Form 1507 Sheet 1 amtesion 16 901 231.7
Date Feullo s 7
‘The examination is being cartied out on the following application documents
Description, Pages
31-48
1-30
as published
filed with entry into the regional phase before the EPO
Claims, Numbers
115
filed with entry into the regional phase before the EPO
Drawings, Sheets
113-1313 filed with entry into the regional phase before the EPO.
D1
D2
D3
D4
DS
Dé
Cited Documents
Reference is made to the following documents; the numbering will be adhered
to in the rest of the procedure.
US 2015/230134 A1 (CHIBA TSUNEHIKO [JP] ET AL) 13 August 2015
(2015-08-13)
ERICSSON: "Updates to Intra-LTE handover in 36.300",
3GPP DRAFT; R3-061945, XP050160823
US 2015/351061 A1 (KIM BONGHOE [KR] ET AL) 3 December 2015
(2015-12-03)
WO 2018/115737 At (LG ELECTRONICS INC [KR]) 6 August 2015
(2015-08-06)
US 2013/188473 At (DINAN ESMAEL HEJAZI [US]) 25 July 2013
(2013-07-25)
US 2014/226481 A1 (DAHOD ASHRAF M [US] ET AL) 14 August 2014
(2014-08-14)
PO Form 170301 997AIAnmelde-Nr
Datum aun
date cf Form 1507 Sheet 2, amtesion 16 901 231.7
Date Feullo
Domanda.n!
2 Lack of Unity (Art. 82 EPC)
The application lacks unity within the meaning of Article 82 EPC, for the
reasons detailed below.
21 Non-Unity Subjects
The following groups of inventions have been found:
Invention I - claims: 1-8
Independent claim 1 and dependent claims 2-8 relate to a method executed
ina control node, comprising: (F1) generating a first transmission
configuration message, (F2) said first message containing transmission
configuration information of at least one first serving cell of a UE, (F3) said
transmission configuration information containing transmission scheme
information and/or PHY parameter information and corresponding
transmission resource pool information, (F4) the at least one serving cell
belonging to a first transmission node, and (F5) sending said first message by
the control node to the first transmission node.
Invention Il - claim: 9
Independent claim 9 relates to a method executed in a first transmission node
comprising: (F5) receiving a first transmission configuration message sent by
a control node, (F2) said first message containing transmission configuration
information of at least one first serving cell (F4) of the first transmission node,
(F3) said transmission configuration information containing transmission
scheme information and/or PHY parameter information and corresponding
transmission resource pool information, and (F6) performing, by the first
transmission, communication with the UE through the saif first serving cell(s)
according to said first message.
Invention Il - claims: 10-15
Independent claims 10 and 15 and dependent claims 11-14 relate to a
method executed in a UE (and the corresponding UE) comprising: (F7)
receiving by a UE a second transmission configuration message sent by a
control node, (F8) said second message containing transmission
configuration information of at least one serving cell of the UE, (F3) said
transmission configuration information containing transmission scheme
EO Form 1708 01 9°7RIoo Pa Anmelde-Nr
Date cf Form 1507 sheet 3 Appteation 16 901 231.7
No
Date Feuille x .
information and/or PHY parameter information and corresponding
transmission resource pool information, and (F9) performing, by the UE,
communication with the at least one serving cell according to said second
message.
2.2 Non-Unity Reasoning
The reasons for which the inventions are not so linked as to form a single
general inventive concept, as required by Article 82 EPC, are described in the
following.
Common Concept of the Identified Separate Inventions
The only common concept linking together said groups of inventions are the
following features
- (C1) acontrol node,
- (C2) a terminal equipment and
- (C3) a transmission configuration message, wherein the transmission
configuration message contains:
- (C4) transmission configuration information of each of at least one
serving cell;
- (C8) the transmission configuration information of each serving cell
comprises transmission scheme information
- (C6) and/or Physical, PHY, parameter information of each of at least
one transmission configuration set of the serving cell;
- (C7) and transmission resource pool information corresponding to the
transmission scheme information
- (C8) and/or the PHY parameter information
The common concept is neither new nor inventive since features (C1), (C2),
(C3), (C4), (C5) and/or (C6), (C7) and/or (C8) are well-known in the field of
wireless communications.
For example, document D2 discloses according to all features of said
common concept, see e.g. in section 10.1.2.1.1 on page 6 and in Figure
10.1.2.1.1-1 on page 5:
FO Form 170901 977AAnmelde-Nr
nppieaton 16 901 231.7
Domanda.n!
Datum Blatt
Date cf Form 1507 sheet 4
Date Feuille
- "Source eNB" (C1),
IE" (C2),
-"4. HO Request” "The source eNB issues a HANDOVER REQUEST
message to the target eNB passing necessary information to prepare
the HO at the target side"(C3),
~ “target cell ID" (C4),
- "UE X2 signalling context reference at source eNB, UE St EPC
signalling context reference" (C5) and (C7),
- "E-RAB context and physical layer ID of the source cell” (C6)
- "The E-RAB context includes necessary RNL and TNL addressing
information, and QoS profiles of the E-RABs" (C6) and (C8).
Potentially Special Technical Features of the Identified Separate
Inventions and Objective Technical Problems
The groups of claims corresponding to the inventions specified above can
also be unambiguously identified in the light of the description as separate
inventions each set out to solve a different technical problem
Invention I:
With reference to prior art, the first invention yields the potentially special
technical features (F1) and (F5) mentioned above.
The technical effect generated by feature (F5) is that another node is
informed about transmission configuration information,
Hence, the objective technical problem may be regarded as how to share
transmission configuration information regarding the serving cell of a UE
between a first node and a second node.
Invention Il:
With reference to prior art, the second invention yields the potentially
special technical feature (F6) mentioned above.
The technical effect generated by feature (F6) is that a communication link is
established between a UE and a first serving cell of a transmission node.Anmelde-Nr
Datum aun
date cf Form 1507 Sheet 5 amtesion 16 901 231.7
Date Feullo
Hence, the objective technical problem may be regarded as how to.
establish a communication link between a UE and a second node
Invention Ill:
With reference to prior art, the second invention yields the potentially
special technical features (F7), (F8) and (F9) mentioned above.
The technical effect of those potentially special technical features is that a
first node reconfigures a communication link between a UE and a first serving
cell of the UE.
Hence, the objective technical problem may be regarded as how to
reconfigure by a a first node the communication between a UE anda first
serving cell of the UE.
Consequently, neither the objective technical problems underlying the
subjects of the claimed inventions nor the solutions as defined by the special
technical features (see summary of the inventions above) allow for a common
inventive concept to be established between said inventions.
As the claims comprise neither the same, nor corresponding special technical
features, the technical relationship between the subject matter of the claims
required by Rule 44 EPC is lacking and the claims are not so linked as to
form a single general inventive concept. The application does not fulfil the
requirement for unity of invention in the sense of Article 82 EPC.
23 Further Prosecution of the Application
The applicant paid one additional search fees for claims 10-15 defining
Invention ill which have consequently been covered by the supplementary
European search report
The Applicant is asked to state upon which of the searched inventions the
further prosecution of this application should be based and to limit the
application accordingly. The other inventions are to be excised from the
claims, description and drawings.Datum
Date
bate
34
3.2
3.3
3.4
3.5
Bat Anmelde-Nr
cf Form 1507 Sheet 6 Apoieation 46 99) 231.7
No
Feulle Ne ada ne
Lack of Clarity (Art. 84 EPC}
The following observations are made with respect to the first and the
third group of inventions as identified in item 2.1 above.
The current application does not comply with the requirements of Article 84
EPC for the objections described below.
Claims 1 and 10 are not clear since the formulation "Physical parameter
information" is vague and ambiguous. Based on the description, it is assumed
that the Applicant means "physical layer, PHY, parameter information”, but
this is not unambiguously derivable from the present formulation of the claim.
It appears that the description offers definitions in more concrete terms
related to clearly limiting technical feature, e.g. "the PHY parameter
information includes at least one of a subcarrier spacing, a frame structure, a
chip rate or a common control channel configuration’.
Claims 1 and 10 are not clear since the formulation “transmission scheme
information” is vague and ambiguous, the limiting technical features to which
it relates is unclear and for the skilled person the sought scope of protection is
unclear. It appears however, that the description offers a definition in more
concrete terms, e.g. "the transmission scheme information includes at least
one of a duplex manner or a multiple access scheme"
Claims 1 and 10 are not clear since the formulation "transmission resource
pool information " is vague and ambiguous, the limiting technical features to
which it relates is unclear and for the skilled person the sought scope of
protection is unclear. It appears however, that the description offers a
definition in more concrete terms, e.g. "the transmission resource pool
information includes at least one of a time-domain resource, a frequency-
domain resource, a code-domain resource or a space-domain resource”,
Claims 1 and 10 are not clear since the formulations "control node”
“transmission node" are vague and ambiguous as formulations encompass
different concepts like control network node, access node, cell, wired or
wireless network node from the claims alone. Nonetheless, there is no
support in the description for the whole ambit of the claims.
Claim 12 is not clear since it is not clear to which limiting technical features
the formulation "serial number information of the at least one transmission
configuration set of the serving cell" refers to.Datum
Date
bate
3.6
37
3.8
Bat Anmelde-Nr
cf Form 1507 Sheet 7 Apoieation 46 99) 231.7
No
Feulle Ne ada ne
Claim 13 is not clear since it is not clear to which limiting technical features
the formulation "serial number information of the at least one transmission
configuration set corresponding to each of the at least one UL grant” refers to.
Claim 14 is not concise as the reference to "any one of claims 10-13" in
conjunction with the alternatives in claim 14 make it obscure and difficult to
construe (Artic! e 84 EPC and Rule 43(4) EPC, see also EPO Guidelines F-
1V, 3.7).
In order to avoid this problem, the expressions resulting from features
connected by the word “or should be replaced by clear formulations (e.g.,
expressions without that word), in separate claims representing each of the
alternatives (i.e., each alternative should be claimed by using the dependent
form in a separate single claim)
Claim 15 is not clear since it claims a device implementing the method steps
according to any of claims 10 to 14. However, claims 10 to 14 refer to steps
that are performed by different devices, namely either by a terminal
equipment or a transmission node. Thus, the sought scope of protection is not
clear.
One possibility to overcome this objection is to claim a system comprising the
different devices.
Novelty and Inventive Step (Art. 52(1), 54 and 56 EPC)
The following observations are made with respect to the first and third
group of inventions as identified in item 2.1 above.
Notwithstanding the above-mentioned lack of clarity in item 3 and as far as
the claims can be understood, the present application does not meet the
requirements of Article 52(1) EPC for the reasons described below.
Invention |
44
444
Independent Cl: 1
In so far as this claim can be understood, document D1 discloses, according
to all the features of claim 1 (the references in parentheses applying to D1)oo Pa Anmelde-Nr
Date cf Form 1507 shest 8 Appteation 16 901 231.
0% Feull ne
ate ule ae a
A communication method, characterized by comprising (see the the
procedure illustrated in Figure 2: "performing Radio-Resource-Control (RRC)
connection handover from a Master evolved-Node-B (MeNB) to a Secondary
evolved-Node-B (SeNB)"):
- (F1) generating, by a control node, a first transmission configuration
message (see in Figure 2: "2. decide RRC connection handover to the
SeNB"; in paragraph 58: "At step 2, the MeNB decides to handover the RRC
connection to the SeNB"),
(F2) wherein the first transmission configuration message contains
transmission configuration information of each of at least one first serving cell
of a terminal equipment, (F3) the transmission configuration information of
each first serving cell comprises transmission scheme information and/or
Physical, PHY, parameter information of each of at least one transmission
configuration set of the first serving cell, and transmission resource pool
information corresponding to the transmission scheme information and/or the
PHY parameter information (see in paragraph 58: "At step 3, the MeNB then
performs handover preparation with the SeNB, along with the retrieving of a
timing advance value measured at the SeNB", the "timing advance value
measured at the SeNB" being a PHY parameter of at least one transmission
configuration set of the first serving cell; see also in Fig. 2: "3. X2 Handover
Reg/Ack (timing advance information retrieval)"; itis also to be noted that itis
well-known in the field of wireless telecommunications that handover
signalling contains transmission configuration information regarding
transmission schemes, modes, frequency and time resources etc.),
(F4) and the at least one first serving cell belongs to a first transmission node
(see in paragraph 61: "If the new cell matches the last-connected SeNB");
- (F5) and sending, by the control node, the first transmission configuration
message to the first transmission node (see in Figure 2: "3. X2 Handover
Regj/Ack [...]"; in paragraph 58: "At step 3, the MeNB then performs handover
preparation with the SeNB [...]")
The subject-matter of claim 1 is therefore not new, Articles 52(1) and 54(1)(2)
EPC and consequently, said claim is not allowable.
4.1.2 Itis to be noted that the scope of claim 1 is so broad, that also Fig. 3 of
document D1 is novelty harming, see in particular paragraphs 59-61oo Pa Anmelde-Nr
Date cf Form 1507 sheet 9 Appteation 16 901 231.7
0% Feull ne
ate ule ae a
4.2 Dependent Claims 2-8
Dependent claims 2-8 do not appear to contain any additional features which,
in combination with the features of any claim to which they refer, meet the
requirements of the EPC with respect to novelty, Article 52(1) and 54(1)(2)
EPC or inventive step, Articles 52(1) and 56 EPC, for the reason that the
subject-matter of said claims is already disclosed in document D1, represents
obvious implementation choices and/or minor technical modifications that are
well-known in the field of wireless telecommunications.
See for example in D1
- for claim 3:
paragraph 58, Fig. 2: "3. X2 Handover Req/Ack [...";
= for claim 4
paragraph 58: "At step 4, the MeNB then sends RRC-Reconfiguration
information to the UE (which includes the retrieved timing-advance value
and mobility information). Upon receiving the RRC-Reconfiguration
information with the mobility information and the timing-advance value",
Fig. 2. "4. RRC Reconfiguration’.
The additional features of claims 2 and 5-8 represents obvious implemen-
tation choices and/or minor technical modifications that are well-known in the
field of telecommunications which the skilled person would choose without
exercising any inventive skill.
Therefore, dependent claims 2-8 do not meet the requirements of Article
52(1) EPC in combination with either Article 54(1)(2) EPC or Article 56 EPC
and hence, said claims are not allowable.
Invention iit
4.3 Independent Claim 10
In so far as this claim can be understood, document D3 discloses, according
to all the features of claim 10 (the references in parentheses applying to D3):Anmelde-Nr
baru aust
bate” cf Form 1507 sheet 10 Apoteaton 16 901 231.7
bate Feat
Domanda n*
A method for communication, characterized by comprising
- (F7) receiving (S212), by a terminal equipment, a second transmission
configuration message sent by a control node (see in Fig. 12 step $1230 "S
cell information” and in paragraph 206: "The P cell [...] may transmit a cell
addition command message [...] to the user equipment’, wherein the user
equipment is the terminal equipment and the control node is be P cell),
(F8) the second transmission configuration message containing transmission
configuration information of each of at least one serving cell of the terminal
equipment (see in paragraph 206: "[.. a cell addition command message,
which includes S cell information on one or more S cells which will be able to
be added, to the user equipment, wherein the at least one serving cell is
considered to be the one or more S cells, the second transmission
configuration message is the cell addition command, and the configuration
information is the the S cell information), and
(F3) the transmission configuration information of each serving cell
comprising transmission scheme information and/or Physical, PHY,
parameter information of each of at least one transmission configuration set
of the serving cell and transmission resource pool information corresponding
to the transmission scheme information and/or the PHY parameter
information (see in paragraph 206: "the S cell information may include one or
more information of a cell identifier for a target cell (that is, $ cell) where the
user equipment will perform the RACH procedure, action frequency of the S
cell and a list of candidate S cells (S1230)", wherein the information
comprised by the transmission configuration information is the cell identifier,
action frequency, S cells candidate lists and parameters well-known in the
field to be transmitted in the RACH procedure); and
- (F9) performing ($214), by the terminal equipment, communication with the
at least one serving cell according to the second transmission configuration
message (see in paragraph 209: "The user equipment may perform the
RACH procedure with the cell’; see also in paragraph 211: "After
successfully performing the RACH procedure, the user equipment may
transmit § cell indication information to the S cell [...)")
The subject-matter of claim 1 is therefore not new, Articles 52(1) and 54(1)(2)
EPC and consequently, said claim is not allowable.Anmelde-Nr
Datum ait
vae cf Form 1507 shet 11 Aepieaton 16 901 231.7
Date Full a
44 Claim 15
The subject-matter of claim 15 defines a device that refers to method claim 11
which is not new. The subject-matter of claim 1 is therefore not new, Articles
52(1) and §4(1)(2) EPC and consequently, said claim is not allowable.
45 Dependent Claims 11-14
Dependent claims 11-14 do not appear to contain any additional features
which, in combination with the features of any claim to which they refer, meet
the requirements of the EPC with respect to inventive step, Articles 52(1) and
56 EPC, for the reason that the subject-matter of said claims is obviously
derivable from document D3, or is directly derivable from the combination of
the teachings of document D3 with the teachings of documents D4 or DS or
D6, represents obvious implementation choices and/or minor technical
modifications that are well-known in the field of wireless telecommunications.
See for example:
- for claim 12:
see in D4: in paragraph 165: "This function allows decreasing energy
consumption by enabling indication of cell activation/deactivation”
see in D5: in paragraph 83: "deactivation timer for each secondary cell in
plurality of secondary cells" and in paragraph 107: "maintain an
SCellDeactivationTimer timer per configured SCell and may deactivate
the associated SCell upon its expi
The additional features of claims 11, 13 and 14 represents obvious
implementation choices and/or minor technical modifications that are well-
known in the field of telecommunications which the skilled person would
choose without exercising any inventive skill
Therefore, dependent claims 11-14 do not meet the requirements of Article
52(1) EPC in combination with either Article 54(1)(2) EPC or Article 56 EPC
and hence, said claims are not allowable.Datum
Date
bate
5.2
61
6.2
6.3
64
65
Pa Anmelde-Nr
cf Form 1507 Shest 12 Appteation 16 901 231.7
Full ne
eulte Damani
Further Objections
To meet the requirements of Rule 42(1)(b) EPC, at least document D1 for the
first invention and documents D3 to D5 for the third invention should be
identified in the description and the relevant background art disclosed
therein should be briefly discussed.
The independent claims are not in the two-part form in accordance with Rule
43(1) EPC, which in the present case would be appropriate, with those
features known in combination from the prior art being placed in the preamble
(Rule 43(1)(a) EPC) and the remaining features being included in the
characterising part (Rule 43(1)(b) EPC).
The independent claims should therefore be redrafted accordingly. However,
if the Applicant is of the opinion that the two-part form would be inappropriate,
reasons therefor should be provided. In addition, the Applicant should ensure
that it is clear from the description which features of the subject-matter of said
claims are already known in combination from the prior art documents (see
Guidelines F-IV, 2.3.2).
Procedure
The applicant is invited to file new claims which take account of the above
and also the following comments
‘Any new independent claim should be drafted in the proper two-part
“characterised” form recommended by Rule 43(1) EPC, having a preamble
that correctly reflects the nearest prior art.
The features of the claims should be provided with reference signs placed in
parentheses to increase the intelligibility of the claims (Rule 43(7) EPC). This
applies to both the preamble and characterising portion (see Guidelines F-IV,
4.19).
The opening part of the description should be modified to bring it into
agreement with any new independent claim (see Rule 42(1)(c) EPC).
The attention of the Applicant is drawn to the fact that the application may not
be amended in such a way that it contains subject-matter which extends
beyond the content of the application as filed (see Article 123(2) EPC).
In order to comply with the requirements of Rule 137(4) EPC to facilitate the
examination of the conformity of the amended application with the
requirements of Article 123(2) EPC, the applicant should clearly identity theoo Pa Anmelde-Nr
Date cf Form 1507 Shest 13 Appteation 16 901 231.7
0% Full ne
ate ule a
amendments made, irrespective of whether they concern amendments by
addition, replacement or deletion, and indicate the passages of the
application as filed on which these amendments are based (see Guidelines
H-lll, 2.1)
6.6 Amendments should be made by filing replacement pages only for those
pages which have been amended.
Unnecessary recasting of the description should be avoided. An amended
abstract is not required. The Applicant should also take account of the
requirements of Rules 49(8) and 50(1) EPC which are now strictly applied by
the EPO, i.e. the EPO does not accept handwritten amendments anymore
(OJ EPO 2013/6083).
PO Form 170301 997AI