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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4, 6-14, 17 and 19-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 11 and 14 recite that the first power consumption is less than the second power consumption, and that the first and second power consumptions are both associated with same set of “serving cell and the at least one neighboring cell” cells and the same “intra-frequency” frequencies being measured. Applicant further argues that Applicant’s claims are distinguished from the cited references based on the claim’s recitations of the lower power consumption and the same frequencies being measured. However, Applicant’s original Specification does not disclose different power consumptions when the same set of cells and frequencies are being measured. On the contrary, Applicant’s Specification lists the causes of increased power consumption, in paragraph [0003], stating that increased power consumptions occurs when bandwidth increases and when a terminal operates at high speed [which is not related to Applicant’s disclosed measurement configurations], and in paragraph [0087], stating that power consumption is reduced based on fewer cells being measured.
Applicant further argues that paragraphs [0054] and [0058]-[0059] of Applicant’s original Specification support different power consumptions when the same set of cells and frequencies are being measured, because a terminal selects between different patterns of measured time slots. However, this is incorrect. Paragraphs [0060]-[0062] of Applicant’s Specification further disclose that the differences between first and second patterns of measured time slots in the first and second information are due to differences in the set of cells being measured, because a greater number of cells being measured have a greater number of SSB sending positions.
The dependent claims are rejected because they depend from rejected independent claims.
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.
The factual inquiries 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.
Claim(s) 1, 4, 6-14, 17 and 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva et al. (US 2020/0100150) in view of Jung et al. (US 2012/0327802), and further in view of Palenius et al. (US 2019/0069192).
Regarding claim 1, Da Silva discloses a method for intra-frequency radio resource management (RRM) measurement (Da Silva, paragraph [0002], when P-cell measurements are above S-measure value, UE refrains from neighboring cell measurements; paragraph [0004], measurements of intra-frequency, inter-frequency and inter-RAT neighboring cells), comprising:
determining, by a terminal device, a measurement mode of the intra-frequency RRM measurement (Da Silva, paragraph [0002], when P-cell measurements are above S-measure value, UE refrains from neighboring cell measurements; paragraph [0004], measurements of intra-frequency, inter-frequency and inter-RAT neighboring cells; paragraph [0073], UE receives measurement configuration), according to a measurement of reference signal receiving power (RSRP), a first RSRP threshold, a second RSRP threshold, a measurement of reference signal receiving quality (RSRQ), a first RSRQ threshold, and a second RSRQ threshold (Da Silva, paragraph [0002], when P-cell measurements are above S-measure value, UE refrains from neighboring cell measurements; paragraph [0069], determining whether to perform measurements based on whether the first and second signal type measurement values are below the first and second threshold value; paragraph [0073], NR-SS measurements and CSI-RS measurements; paragraph [0087], measure RSRP, RSRQ, SINR; paragraph [0091], if PCell RSRP<s-Measure(RSRP) OR if PCell RSRQ< s-Measure(RSRQ)), wherein the determining comprises:
determining, in response to the measurement of RSRP being greater than the first RSRP threshold and the measurement of RSRQ being greater than the first RSRQ threshold, the measurement mode as performing the RRM measurement only on a serving cell (Da Silva, paragraph [0002], when P-cell measurements are above S-measure value, UE refrains from neighboring cell measurements; paragraph [0088], UE shall perform serving cell measurements and act as follows; paragraph [0091], if PCell RSRP<s-Measure(RSRP) OR if PCell RSRQ< s-Measure(RSRQ), perform neighbor cell measurements, so neighbor measurements are not performed if both values are greater than the thresholds);
determining, in response to the measurement of RSRP being greater than the second RSRP threshold or less than the first RSRP threshold and the measurement of RSRQ being greater than the second RSRQ threshold or less than the first RSRQ threshold, the measurement mode as performing the intra-frequency RRM measurement on the serving cell and at least one neighboring cell having a same operation frequency as the serving cell (Da Silva, Fig. 8, step 816; paragraph [0004], measurements of intra-frequency, inter-frequency and inter-RAT neighboring cells; paragraph [0091], if PCell RSRP<s-Measure(RSRP) OR if PCell RSRQ< s-Measure(RSRQ), perform neighbor cell measurements) based on a first pattern of measured time slot consuming a first power consumption (Da Silva, paragraph [0002], network configured s-Measure value; paragraph [0003], MeasConfig IE specifies measurements to be performed; paragraphs [0014] and [0020], for each measId, a measurement gap configuration; paragraph [0064], determining whether to perform measurements based on whether the first signal measurement value is below the first threshold value; the Examiner notes that measurement configurations that measure only serving cells and not neighbor cells would consume less power than measurement configurations that measure serving cells and neighbor cells); and
determining, in response to the measurement of RSRP being less than the second RSRP threshold or the measurement of RSRQ being less than the second RSRQ threshold (Da Silva, Fig. 8; paragraph [0069], determining whether to perform measurements based on whether the first and second signal measurement value is below the first and second threshold value; paragraph [0093], if PCell RSRP<s-Measure(RSRP) AND if PCell RSRQ< s-Measure(RSRQ)), the measurement mode as performing the intra-frequency RRM measurement on the serving cell and the at least one neighboring cell (Da Silva, paragraph [0004], measurements of intra-frequency, inter-frequency and inter-RAT neighboring cells) based on a second pattern of measured time slot consuming a second power consumption (Da Silva, paragraph [0002], network configured s-Measure value; paragraph [0003], MeasConfig IE specifies measurements to be performed; paragraphs [0014] and [0020], for each measId, a measurement gap configuration; paragraph [0069], determining whether to perform measurements based on whether the first and second signal measurement value is below the first and second threshold value; paragraph [0093], if PCell RSRP<s-Measure(RSRP) AND if PCell RSRQ< s-Measure(RSRQ), perform neighbor cell measurements; the Examiner notes that measurement configurations that measure only serving cells and not neighbor cells would consume less power than measurement configurations that measure serving cells and neighbor cells);
wherein the first power consumption is less than the second power consumption (Da Silva, paragraph [0002], when P-cell measurements are above S-measure value, UE refrains from neighboring cell measurements; paragraphs [0014] and [0020], for each measId, a measurement gap configuration; the Examiner notes that measurement configurations that measure only serving cells and not neighbor cells would consume less power than measurement configurations that measure serving cells and neighbor cells because less measurements are taken).
Da Silva does not explicitly disclose determining a measurement mode according to when a measurement of at least one of the measurement parameters is greater than a corresponding second threshold and is less than a corresponding first threshold.
Jung discloses a method for intra-frequency radio resource management (RRM) measurement (Jung, paragraph [0006], performs measurements on a cell or frequency to be measured; paragraph [0014], third management object includes serving cells and neighbor cell on serving and non-serving frequencies; paragraph [0082], UE performs intra-frequency measurement), comprising:
determining, by a terminal device, a measurement mode of the intra-frequency RRM measurement (Jung, paragraph [0006], performs measurements on a cell or frequency to be measured; paragraph [0014], third management object includes serving cells and neighbor cell on serving and non-serving frequencies; paragraph [0082], UE performs intra-frequency measurement), according to a measurement of reference signal receiving power (RSRP), a first RSRP threshold, a second RSRP threshold, a measurement of reference signal receiving quality (RSRQ), a first RSRQ threshold, and a second RSRQ threshold (Jung, paragraph [0006], perform measurement in order to maintain quality of a link; paragraph [0009], determine management object based on comparing reference quality value with a plurality of threshold values and performing measurement on the management object; paragraph [0125], measure QoS), wherein the determining comprises:
performing the RRM measurement only on a serving cell (Jung, paragraph [0012], first management object include the plurality of serving cells);
determining, in response to the measurement of RSRP being greater than the second RSRP threshold but less than the first RSRP threshold and the measurement of RSRQ being greater than the second RSRQ threshold but less than the first RSRQ threshold (Jung, paragraph [0006], perform measurement in order to maintain quality of a link; paragraph [0011], when the reference quality value is between the first threshold and the second threshold, second management object may be determined; paragraph [0125], measure QoS), the measurement mode as performing the RRM measurement on the serving cell and the at least one neighboring cell based on a first pattern of measured time slot consuming a first power consumption (Jung, paragraph [0013], second management object includes serving cells and neighbor cell on frequencies corresponding to the serving cells; Figs. 8, 9, 10, measurement configurations; paragraphs [0087]-[0092], measurement configuration information includes a measurement object and measurement gaps which are periods that the UE may use to perform measurements); and
determining the measurement mode as performing the intra-frequency RRM measurement on the serving cell and the at least one neighboring cell based on a second pattern of measured time slot consuming a second power consumption (Jung, paragraph [0014], third management object includes serving cells and neighbor cell on serving and non-serving frequencies; Figs. 8, 9, 10, measurement configurations; paragraphs [0087]-[0092], measurement configuration information includes a measurement object and measurement gaps which are periods that the UE may use to perform measurements),
wherein the first power is less than the second power consumption (Jung, paragraphs [0012]-[0014] and [0125]-[0127], to save power by using a configuration limiting measurements to only serving cells and neighboring cells in the serving frequency as compared to a configuration that includes measurements to serving cells and neighbor cell on serving and non-serving frequencies; paragraph [0142], power consumption of the UE can be reduced).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to determine a measurement mode according to when a measurement of at least one of the measurement parameters is greater than the corresponding second threshold and is less than the corresponding first threshold, in the invention of Da Silva. The motivation to combine the references would have been to efficiently use radio resources.
Da Silva and Jung both disclose first and second measurement gap configurations, and a person of ordinary skill in the art, at the time of the invention, would have understood that a set of measurement gaps form a pattern, but Da Silva and Jung do not explicitly disclose a pattern.
Accordingly, in order to facilitate prosecution, the Examiner includes the Palenius reference, which explicitly discloses that first and second measurement resources comprise a first and second patterns of time resources (Palenius, paragraph [0047], facilitate low power consumption by limiting measurement activity; paragraph [0088], perform measurements according to first and second sets of time resources; paragraph [0098]-[0099], RSRP and RSRQ measurement time resources according to a pattern, first set of time resources associated with first set of conditions and a second set of time resources associated with a second set of conditions);
wherein the first power is less than the second power consumption (Palenius, paragraph [0047], facilitate low power consumption by limiting measurement activity or by measuring only the highest priority carriers while other carriers are measured only when needed).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, that configured time resources for measurement would be according to a pattern, in the inventions of Da Silva and Jung. The motivation to combine the references would have been to optimally allocate measurement time resources according to known methodologies.
Regarding claim 4, Da Silva in view of Jung discloses the method according to claim 1.
Da Silva does not explicitly disclose, but Palenius discloses wherein the terminal device is in an RRC idle state (Palenius, paragraph [0350]-[0351], RRC idle state measurement of intra-frequency carrier).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to perform RRM measurements when the terminal device is in an RRC idle state in the invention of Da Silva. The motivation to combine the references would have been to follow conventional standards.
Regarding claim 6, Da Silva in view of Jung, and further in view of Palenius discloses the method according to claim 1, further comprising:
acquiring, by the terminal device, at least one of the first RSRP threshold, the second RSRP threshold, the first RSRQ threshold, or the second RSRQ threshold (Da Silva, Fig. 8, step 802 receive s-measure values); or
receiving, by the terminal device, first indication information, wherein the first indication information is used for indicating at least one of the first RSRP threshold, the second RSRP threshold, the first RSRQ threshold, or the second RSRQ threshold (Da Silva, Fig. 8, step 802 receive s-measure values).
Regarding claim 7, Da Silva in view of Jung discloses the method according to claim 6.
Da Silva does not explicitly disclose, but Palenius discloses wherein the first indication information is carried in radio resource control RRC signaling, media access control MAC signaling, or a broadcast message (Palenius, paragraph [0125], thresholds signaled by broadcast signaling).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for thresholds to be signaled by broadcast signaling in the invention of Da Silva. The motivation to combine the references would have been to inform the terminal of the thresholds.
Regarding claim 8, Da Silva in view of Jung, and further in view of Palenius discloses the method according to claim 1, further comprising: receiving, by the terminal device, second indication information, wherein the second indication information is used for indicating the measurement mode of the RRM measurement (Da Silva, Fig. 8; paragraph [0080], network can configure multiple s-Measure thresholds , one per each of two or more measurement quantities), wherein the determining, by the terminal device, the measurement mode of the RRM measurement comprises: determining, by the terminal device, the measurement mode of the RRM measurement according to the second indication information (Da Silva, Fig. 8; paragraph [0080], network can configure multiple s-Measure thresholds , one per each of two or more measurement quantities).
Regarding claim 9, Da Silva in view of Jung discloses the method according to claim 8.
Da Silva does not explicitly disclose, but Palenius discloses wherein the second indication information is carried in a physical downlink control channel (PDCCH), radio resource control (RRC) signaling, medium access control (MAC) signaling, or a broadcast message (Palenius, paragraph [0127], configuration signaled by broadcast signaling).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for second indication information to be signaled by broadcast signaling in the invention of Da Silva. The motivation to combine the references would have been to inform the terminal of the thresholds.
Regarding claim 10, Da Silva in view of Jung, and further in view of Palenius discloses the method according to claim 1, further comprising:
acquiring, by the terminal device, at least one of the first measurement configuration or the second measurement configuration stored in the terminal device (Da Silva, Fig. 8, step 802 receive s-measure values; paragraph [0080], network can configure multiple s-Measure thresholds , one per each of two or more measurement quantities); or
receiving, by the terminal device, third indication information, wherein the third indication information is used for indicating at least one of the first measurement configuration or the second measurement configuration (Da Silva, Fig. 8, step 802 receive s-measure values; paragraph [0080], network can configure multiple s-Measure thresholds , one per each of two or more measurement quantities).
Claim 11 is rejected under substantially the same rationale as claim 6.
Claims 12 is rejected under substantially the same rationale as claim 7.
Claim 13 is rejected under substantially the same rationale as claims 6 and 10.
Claim 14 is rejected under substantially the same rationale as claim 1. Da Silva further discloses a memory, configured to store a computer program; and a processor, configured to call and run the computer program stored in the memory (Da Silva, Fig. 4, memory 64, processors 62; paragraph [0062]).
Claims 17, 20 and 22 are rejected under substantially the same rationale as claims 4, 7 and 9, respectively.
Claims 19, 21 and 23 are rejected under substantially the same rationale as claims 3, 6, 8 and 10, respectively.
Response to Arguments
Applicant's arguments filed September 26, 2025 have been fully considered but they are not persuasive.
Applicant asserts that the claims are patentable because they allegedly recite performing RRM measurement ONLY on the serving and co-frequency neighbor cells. However, the claims do NOT recite performing RRM measurement ONLY on the serving and co-frequency neighbor cells. The term “only” is not recited. Further, Applicant’s Specification does not support an interpretation where measurements are performed ONLY on the serving and co-frequency neighbor cells and the resulting power consumption is different. Applicant further argues that paragraphs [0054] and [0058]-[0059] of Applicant’s original Specification support different power consumptions when the same set of cells and frequencies are being measured, because a terminal selects between different patterns of measured time slots. However, this is incorrect. Paragraphs [0060]-[0062] of Applicant’s Specification further disclose that differences between first and second patterns of measured time slots in the first and second information are due to differences in the set of cells being measured, because a greater number of cells being measured have a greater number of SSB sending positions.
Applicant further asserts that the claims are patentable because allegedly none of the cited reference disclose different measurement gap patterns, or that the different gap patterns are based on different conditions. However, this is incorrect. All three of the cited references disclose multiple measurement configurations (Da Silva, paragraphs [0014] and [0020], for each measId, a measurement gap configuration; paragraph [0088], based on different possible configurations for multiple measurement quantities) (Jung, Figs. 8, 9, 10, measurement configurations; paragraphs [0087]-[0092], measurement configuration information includes a measurement object and measurement gaps which are periods that the UE may use to perform measurements) (Palenius, paragraph [0047], facilitate low power consumption by limiting measurement activity; paragraph [0088], perform measurements according to first and second sets of time resources; paragraph [0098]-[0099], RSRP and RSRQ measurement time resources according to a pattern, first set of time resources associated with first set of conditions and a second set of time resources associated with a second set of conditions).
Applicant further argues a full-text search of the Palenius using key words “power” and “consumption” allegedly do not discuss patterns of time slots because they only discuss number of carriers and DRX cycles. However, a DRX cycle is a pattern of time slots.
Further still, none of Applicant’s arguments address the specific language cited by the Examiner, or even attempt to explain why those citations allegedly differ from the claimed limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN LOUIS LINDENBAUM whose telephone number is (571)270-3858. The examiner can normally be reached Monday through Friday 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached on (571) 272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN L LINDENBAUM/Examiner, Art Unit 2466 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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