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 .
Response to Amendment
Acknowledgment is made of Applicant's submission of amendment, dated on 09/12/2025. This communication is considered fully responsive and sets forth below:
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation
-" sending a first notification message to the first network node, the first notification message is used to notify a first network node to release a second measurement gap " in lines 6-7. There is an insufficient antecedent basis for this limitation in the claim.it should be “sending a first notification message to a first network node, the first notification message is used to notify the first network node to release a second measurement gap”
-The same rational in claim 20.
Claim Rejections - 35 USC § 103
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.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims1-3,5,8-11,13, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over HAN et al US 2021/0144658 A1, in view of XIE et al US20210136616A1, in view of YANG et al: US 2019 0246306 A1.
-Claims 4, 6, 14 and 21are Cancelled.
Regarding claims 1 and 20,HAN et al US 2021/0144658 A1 discloses - A method for configuring a measurement gap, applied to a second network node in a 5G new radio (NR) or long term evolution (LTE)-NR dual connectivity (EN-DC) system in 3rd generation partnership project (3GPP) [0003]-[0004] Base stations in the long term evolution (LTE) system are reserved in the 5G network such that the cross-system dual-connectivity network architecture is formed, wherein a base station of a master node is an evolved NodeB (eNB), a base station of a secondary node is a next generation NodeB (gNB), and both the base stations are connected to the LTE core network, evolved packet core (EPC), i.e., evolved universal terrestrial radio access network (E-UTRAN), NR dual connectivity (EN-DC)) ;
-A network node in a 5G new radio (NR) or long term evolution (LTE)-NR dual connectivity (EN-DC) system in 3rd generation partnership project (3GPP) [0003]-[0004] Base stations in the long term evolution (LTE) system are reserved in the 5G network such that the cross-system dual-connectivity network architecture is formed, wherein a base station of a master node is an evolved NodeB (eNB), a base station of a secondary node is a next generation NodeB (gNB), and both the base stations are connected to the LTE core network, evolved packet core (EPC), i.e., evolved universal terrestrial radio access network (E-UTRAN), NR dual connectivity (EN-DC)), comprising a processor, a memory, and a computer program stored in the memory and capable of running on the processor, wherein when the computer program is executed by the processor [0168] and [0027] discloses the electronic device (i.e., A network node) includes a memory and a processor. The memory stores a computer program. The processor is configured to execute the computer program to perform the steps in any one of the preceding method ,wherein the method and the network node comprise: configuring a first measurement gap for user equipment[0157] the master node (i.e. second network node ) determines to configure the per-FR gap or the per-UE gap (i.e., a first measurement gap) for the UE according to the condition., and [0149] for the per-UE gap or the FR1 gap of the per-FR configured by the master node side,
sending a first notification message to the first network node, and the first notification message is used to notify a first network node to release a second measurement gap [0108]-[0109]the secondary node determines the FR2 gap configuration , performs the FR2 gap configuration, where [0114] the SN sends the FR2 gap configuration to the UE, where [0023] discloses the secondary node (i.e. the first network node) receives a second interface message sent by a master node (i.e., the second network node), where the second interface message carries an indication for notifying a secondary node side to perform gap configuration release, sending configuration information of the first measurement gap to the user equipment [0157] the master node determines to configure the per-FR gap or the per-UE gap(i.e., a first measurement gap) for the UE according to the condition; wherein the second measurement gap is a measurement gap configured by the first network node for the user equipment; [0108]-[0109]the secondary node determines the FR2 gap configuration , performs the FR2 gap configuration, where [0114] the SN sends the FR2 gap configuration to the UE, the second network node is a master base station, and the first network node is a secondary base station [0022] discloses the UE is connected to the master node and a secondary node simultaneously, the master node is an eNB or a gNB, and the secondary node is a gNB or an eNB; HAN does not explicitly disclose the second measurement gap comprises a per-user equipment measurement gap and a per-frequency range measurement gap ;the configuration information comprises a pattern, a repetition period, and a length of the measurement gap. XIE et al US20210136616A1 discloses the second measurement gap comprises a per-user equipment measurement gap and a per-frequency range measurement [0038] gNB configures all measurement gap schemes, including a per UE measurement gap and a per FR measurement gap.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify HAN by incorporating the second measurement gap comprises a per-user equipment measurement gap and a per-frequency range measurement, as taught by XIE, in order to configure all measurement gap schemes, including a per UE measurement gap and a per FR measurement gap (YANG [0038]). The combination of HAN and XIE does not explicitly disclose the configuration information comprises a pattern, a repetition period, and a length of the measurement gap. YANG et al: US 2019 0246306 A1 discloses the configuration information comprises a pattern, a repetition period, and a length of the measurement gap ([0059] disclose table 4, where table4 discloses the measurement gap (MG) information includes Gap pattern ID, the measurement gap length (MGL), and the measurement gap repetition period (MGRP)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of HAN and XIE by incorporating the configuration information comprises a pattern, a repetition period, and a length of the measurement gap, as taught by YANG, in order to determine the measurement gap (MG) information (YANG [0059]).
Regarding Claim 2, the combination of HAN, XIE and YANG discloses all feature with respect to the claim1. HAN further discloses wherein the first measurement gap comprises at least one of the following: a per-user equipment measurement gap and a per-frequency range measurement gap[0157] the master node (i.e. second network node ) determines to configure the per-FR gap or the per-UE gap (i.e., a first measurement gap) for the UE according to the condition., and [0149] for the per-UE gap or the FR1 gap of the per-FR configured by the master node side.
Regarding Claim 3, the combination of HAN, XIE and YANG discloses all feature with respect to the claim1. HAN further wherein the first notification message is further used to notify at least one of the following information: that the first measurement gap is to be configured for the user equipment [0157] the master node (i.e. second network node ) determines to configure the per-FR gap or the per-UE gap (i.e., a first measurement gap) for the UE according to the condition., and [0149] for the per-UE gap or the FR1 gap of the per-FR configured by the master node side, ; configuration information of the first measurement gap; and notification to the first network node to release the first measurement gap[0023] discloses the secondary node (i.e. the first network node) receives a second interface message sent by a master node (i.e., the second network node), where the second interface message carries an indication for notifying a secondary node side to perform gap configuration release,
Regarding Claim 5, the combination of HAN, XIE and YANG discloses all feature with respect to the claim1. HAN further receiving a second notification message from the first network node, wherein the second notification message is used to notify at least one of the following information: an acknowledgment message of the first notification message received; that the second network node is to configure the first measurement gap for the user equipment; the configuration information of the first measurement gap; that the per-user equipment measurement gap and/or the per-frequency range measurement gap is to be released; and that the measurement gap configured by the first network node is to be released((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message).
Regarding Claim 8, the combination of HAN, XIE and YANG discloses all feature with respect to the claim1.
HAN further discloses receiving a third notification message from the first network node, wherein the third notification message is used to notify at least one of the following information: an acknowledgment message of the first notification message received; that the second network node is to release the second measurement gap configured by the first network node ((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message), the second measurement gap configured by the first network node for the user equipment; whether the first network node has configured the second measurement gap for the that the per-user equipment measurement gap and/or the per-frequency range measurement gap is to be released((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message).
Regarding Claim 9, the combination of HAN, XIE and YANG discloses all feature with respect to the claim 8.
HAN further wherein when the third notification message is used to notify information that the second measurement gap is to be released((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message),or information that the per-user equipment measurement gap and/or the per-frequency range measurement gap is to be released, the third notification message is an RRC message contained in a transparent container((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message).
Regarding Claim 10, the combination of HAN and YANG discloses all feature with respect to the claim 1.
HAN further discloses releasing the measurement gap for the user equipment ((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message). Regarding Claim 11, the combination of HAN, XIE and YANG discloses all feature with respect to the claim 10.
HAN further discloses wherein the measurement gap released by the second network node is the second measurement gap [0108]-[0109]the secondary node determines the FR2 gap configuration , performs the FR2 gap configuration, where [0114] the SN sends the FR2 gap configuration to the UE, where [0023] discloses the secondary node (i.e. the first network node) receives a second interface message sent by a master node (i.e., the second network node), where the second interface message carries an indication for notifying a secondary node side to perform gap configuration release. Regarding Claim 13, the combination of HAN and YANG discloses all feature with respect to the claim 8.
HAN further discloses sending a fourth notification message to the first network node, wherein the fourth notification message is used to notify at least one of the following information: an acknowledgment message of the third notification message received; that the second network node is to configure the first measurement gap for the user equipment; the configuration information of the first measurement gap; that the measurement gap configured by the first network node is to be released; and that the per-user equipment measurement gap and/or the per-frequency range measurement gap is to be released((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message).
Regarding Claim 16, the combination of HAN and YANG discloses all feature with respect to the claim 1.
HAN further discloses releasing, by the first network node, the per-user equipment measurement gap and/or the per-frequency range measurement gap. ((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message).
Regarding Claim 17, the combination of HAN and YANG discloses all feature with respect to the claim 1.
HAN further discloses receiving a fifth notification message from the first network node, wherein the fifth notification message is used to notify at least one of the following information: an acknowledgment message of the first notification message received; that the second network node is to configure the first measurement gap for the user equipment; the configuration information of the first measurement gap; that the measurement gap configured by the first network node is to be released; that the per-user equipment measurement gap and/or the per-frequency range measurement gap is to be released; and that the first measurement gap is to be configured for the user equipment((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message).
Regarding Claim 18, the combination of HAN and YANG discloses all feature with respect to the claim 1.
HAN further discloses receiving a sixth notification message from the first network node, wherein the sixth notification message is used to notify at least one of the following information: that the first measurement gap is to be configured for the user equipment; configuration information of the first measurement gap; that the per-user equipment measurement gap and/or the per-frequency range measurement gap is to be released; and that the measurement gap configured by the second network node is to be released ((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message). Regarding Claim 19, the combination of HAN and YANG discloses all feature with respect to the claim 1. HAN further discloses releasing the per-user equipment measurement gap and/or the per-frequency range measurement gap for the user equipment((fig.15 ,steps 711-713) and [0159]-[0163] discloses a master node interact with a secondary node to determine a gap configuration for the UE, wherein the master node determine to configure the per-FR gap or the per-UE gap (i.e. measurement gap configuration)for the UE ) ,wherein (fig. 12,steps 511-514 and [0144]-[0148] the master node notifies the secondary node side that the gap configuration is released through an SN modification confirm message).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over HAN, in view of XIE in view of YANG in view of Zhang et al.US 2017 /0006566 Al
Regarding Claim 12, the combination of HAN, XIE and YANG discloses all feature with respect to the claim 10.
The combination of HAN, XIE and YANG does not explicitly disclose sending, by the second network node, a measurement gap release message to the user equipment; or sending, by the first network node through the second network node, a measurement gap release message contained in a transparent container to the user equipment. Zhang et al US 20170006566 Al discloses wherein the releasing the measurement gap for the user equipment comprises: sending, by the second network node, a measurement gap release message to the user equipment [0125] the primary base station may send, to the secondary base station by using a measurement gap notification message or a UE information update message, a message for releasing the measurement gap configuration, and the primary base station may send a release message to the UE by using an RRC connection reconfiguration message)
or
sending, by the first network node through the second network node, a measurement gap release message contained in a transparent container to the user equipment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of HAN and YANG, by incorporating sending, by the second network node, a measurement gap release message to the user equipment; or sending, by the first network node through the second network node, a measurement gap release message contained in a transparent container to the user equipment. , as taught by Zhang, in order to release a measurement gap (Zhang [0125]).
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over HAN, in view of XIE in view of YANG in view of (3GPP TSG-RAN WG2 Meeting #AH1807, Montreal, Canada, 2nd - 6th July 2018, R2-1809635, Source: ZTE Corporation, Title: Measurement and gap configuration framework in NGEN-DC), referred as 3GPP_1 (cited in ids).
Regarding Claim 7, the combination of HAN, XIE and YANG discloses all feature with respect to the claim 1. The combination of HAN, XIE and YANG does not disclose the configuration information is sent through a signaling radio bearer SRB3.
3GPP_1 discloses the configuration information is sent through a signaling radio bearer SRB3(Proposal 1, SN configured measurement can be transmitted via SRB3, or embedded in LTE RRC message via SRB1
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of HAN, XIE and YANG, by incorporating the configuration information is sent through a signaling radio bearer SRB3, as taught by 3GPP, in order to transmit measurement via SRB3 (3GPP Proposal 1).
Regarding Claim 15, the combination of HAN, XIE and YANG discloses all feature with respect to the claim 3. The combination of HAN, XIE and YANG does not disclose wherein: the configuration information and the measurement gap release message are located in a same radio resource control RRC message; or the configuration information is sent through an SRB1 message.
3GPP discloses the configuration information and the measurement gap release message are located in a same radio resource control RRC message; or
the configuration information is sent through an SRB1 message (Proposal 1, SN configured measurement can be transmitted via SRB3, or embedded in LTE RRC message via SRB1
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of HAN, XIE and YANG, by incorporating the configuration information is sent through an SRB1 message, as taught by 3GPP, in order to transmit measurement via SRB1 (3GPP Proposal 1).
Response to Remarks/Arguments
Applicant’s argument with respect to the pending claims have been fully considered, but they are not persuasive for at least the following reasons. Applicant’s amendment to claims necessitated the new ground(s) of rejection presented in this Office action. Therefore, Applicant's arguments with respect to the amended claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ABDELTIF AJID/ Primary Examiner, Art Unit 2478