Ex Parte Hwang et alDownload PDFPatent Trial and Appeal BoardSep 26, 201613249472 (P.T.A.B. Sep. 26, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/249,472 09/30/2011 29683 7590 09/26/2016 HARRINGTON & SMITH 4 RESEARCH DRIVE, Suite 202 SHELTON, CT 06484-6212 FIRST NAMED INVENTOR Woonhee Hwang 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 ATTORNEY DOCKET NO. CONFIRMATION NO. 863.0244.Ul(US) 8312 EXAMINER DAYA, TEJIS A ART UNIT PAPER NUMBER 2472 MAILDATE DELIVERY MODE 09/26/2016 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte WOONHEE HWANG and ANDREAS BUFE Appeal2015-006290 Application 13/249,472 Technology Center 2400 Before ROBERT E. NAPPI, CARLA M. KRIVAK, and JEFFREY A. STEPHENS, Administrative Patent Judges. KRIVAK, 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 1-14 and 18-27, which are all the claims pending in the application. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. Appeal2015-006290 Application 13/249,472 fNVENTION The invention is directed to radio resource control ("RRC") signaling between a mobile node and a network access node using an RRC connection release message comprising a wait timer indication. See Abstract and Spec. 1:15-16. Claim 1 is illustrative of the invention and is reproduced below. 1. A method, comprising: receiving, when in a radio resource control (RRC) Connected state, a RRC connection release message from a network access node; setting a wait timer in accordance with a wait timer indication that comprises part of the RRC connection release message; and upon an expiration of the wait timer, enabling the initiation of sending an RRC connection request message to the network access node. REJECTIONS The Examiner rejected claims 1-14 and 18-26 under 35 U.S.C. § 103(a) as obvious over Dwyer (US 2011/0249575 Al; published Oct. 13, 2011) and Hwang (US 2004/0147266 Al; published July 29, 2004). Final Act. 2-10. 1 The Examiner rejected claim 27 under 35 U.S.C. § 103(a) over Dwyer, Hwang, and Song (US 2009/0247176 Al; published Oct. 1, 2009). Final Action 10. 1 Throughout this Opinion we refer to the Appeal Brief dated August 18, 2014, the Reply Brief dated February 2, 2015, the Final Action mailed November 13, 2013, and the Examiner's Answer mailed November 24, 2014. 2 Appeal2015-006290 Application 13/249,472 ISSUE Appellants present several arguments on pages 5-10 of the Appeal Brief and pages 2--4 of the Reply Brief, directed to the Examiner's rejection of independent claim 1. These arguments present us with the following issue: Did the Examiner err in finding the combination of Dwyer and Hwang teaches setting a wait timer in accordance with a wait timer indication that comprises part of a radio resource control (RRC) connection release message received when in an RRC Connected state, and upon an expiration of the wait timer, enabling the initiation of sending an RRC connection request message to the network access node? With respect to claims 2-14 and 18-27, Appellants' arguments provide us with the same issue as claim 1. App. Br. 5, 10. ANALYSIS We have reviewed Appellants' arguments in the Briefs, the Examiner's rejection, and the Examiner's response to Appellants' arguments. Appellants' arguments have not persuaded us of error in the Examiner's rejections of claims 1-14 and 18-27. The Examiner finds Dwyer discloses a timer conveyed in an existing RRC connection release message, thereby teaching a wait timer indication comprising part of an RRC connection release message, as required by claim 1. Ans. 11 (citing Dwyer i-f 44); Final Act. 2. Appellants recognize Dwyer discloses a timer, but contend Dwyer's timer "is not set in accordance with an indication that comprises part of the RRC connection release message" and "is not sent by the network, but is on the UE (user equipment)." Reply Br. 2; App. Br. 7-8. Appellants' argument contradicts Dwyer's paragraph 3 Appeal2015-006290 Application 13/249,472 44, which discloses "a timer whose value is ... set by a network ... [and] conveyed in new or existing messages such as ... RRC Connection release ... and could be an information element in those messages." See Dwyer i-f 44 (emphasis added). Thus, Dwyer's timer indication is part of an RRC connection release message received from a network, as required by claim 1. Appellants further argue Dwyer's timer does not enable initiating sending an RRC connection request message as required by claim 1. Reply Br. 2; App. Br. 8. We do not find Appellants' arguments persuasive because Appellants attack Dwyer for lacking a teaching that the Examiner relied on Hwang as disclosing. In particular, the Examiner finds, and we agree, Hwang discloses a wait time for retransmitting an RRC connection request message, thereby teaching an RRC connection request message initiated upon the expiration of the wait timer, as required by claim 1. Ans. 12; Final Act. 3 (citing Hwang i-f 102 ("Wait time represents a wait time for retransmitting the RRC connection request message.")). Appellants additionally argue Dwyer's timer "is used for an entirely different purpose than that of the present invention" and "is intended to restrict the UE from sending a transition indication message too frequently." App. Br. 8 (emphasis added). Appellants' argument is not persuasive, as Appellants do not explain how the claimed timer-which restricts a mobile node from sending an RRC connection request message too frequently, e.g., before the expiration of the timer-would preclude Dwyer's intended purpose. Regarding Hwang, Appellants argue although Hwang discloses a wait timer, "this timer is not included in the RRCConnectionRelease message" as required by claim 1. App. Br. 8-9. Rather, Hwang's timer is 4 Appeal2015-006290 Application 13/249,472 in an RRC connection reject message. App. Br. 7, 9 (citing Hwang ilil 101- 102). The Examiner, however, finds Dwyer, not Hwang, teaches a wait timer indication in an RRC connection release message, as discussed supra. Ans. 11. Appellants have not addressed the Examiner's findings directed to Dwyer in combination with Hwang. Additionally, we agree with the Examiner the combination of Dwyer' s RRC connection release message having a wait timer indication, with Hwang's wait time regulating RRC connection request message transmission, teaches and suggests the claimed RRC connection release message as claimed. Ans. 11-12; Final Act. 3. Accordingly, Appellants' arguments have not persuaded us of error in the Examiner's rejection of claim 1. Thus, we sustain the Examiner's rejection of independent claim 1, independent claims 8, 18, and 23, and dependent claims 2-7, 9-14, 19-22, and 24--27 argued therewith. App. Br. 10. DECISION The decision of the Examiner rejecting claims 1-14 and 18-27 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv). AFFIRMED 5 Copy with citationCopy as parenthetical citation