DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/29/2025 has been entered.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claim(s) 1, 4-7, 14, 17-18 and 31-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin [2019/0253906] in view of Siomina [US 2014/0200016].
As claims 1 and 31-32, Lin [2019/0253906] discloses a device, method and non-transitory computer-readable storage medium for a user equipment (UE) to perform mobility measurements in a wireless communication system, the computer- readable storage medium including instructions that when executed by a computer, cause the computer to: decode, at the UE upon reception from a base station, a message including a channel state information reference signal (CSI-RS) configuration that indicates a CSI-RS window associated with one or more CSI-RS, with respect to one or more mobility related measurements [Fig 9, Ref 901 discloses UE receives CSI-RS timing windows which associated with CSI-RS mobility measurements such as intra-frequency with up to two CMTC and inter-frequency with up to one CMTC, Par. 0007-0008 and 0013, wherein the CMTC parameters includes timing offset, duration, periodicities wherein periodicity includes the timing windows for using to determining CSI-RS resources, Par. 0027-0028] wherein the CSI-RS window is limited by a CSI-RS measurement timing configuration (CMTC) [See Abstract, Par. 0008, 0028 discloses CSI-RS window for measuring is limited by CMTC window]; a first maximum number of CSI-RS resource periodicities configured per measurement object (MO) per intra-frequency layer [Fig 3c and 3d discloses a periodicity for intra-frequency with up to two CMTC, Par. 0031 discloses periodicity is 40 ms or 80 ms for Par. 0032 and Par. 0033 discloses 20 ms. Par. 0029 and Fig 4, Ref periodicity #1 for intra-frequency, Par. 0007, 0024] and a second maximum number of CSI-RS resource periodicities configured per MO per inter-frequency layer [Fig 3a discloses a periodicity for inter-frequency with one CMTC, Par. 0029 and Fig 4, Ref periodicity #2 for inter-frequency, Par. 0007, 0024] wherein the second maximum number is less than the first maximum number [Par. 0007 and 0024 discloses intra-frequency value is two greater than inter-frequency value is one]; determine, at the UE, the one or more mobility related measurements using the CSI-RS configuration [Par. 0007-0008 discloses UE determining when it performs inter-frequency or intra-frequency measurement based on the CSI-RS configuration, Par. 0024, 0029]; measure, at the UE, the one or more CSI-RS using the determination of the one or more mobility related measurements [Fig 2, Ref 292 and Par. 0029 discloses UE uses window 1 for intra-frequency measurement and window 2 for inter-frequency]; and generate, at the UE, a report for the base station corresponding to the measurement of the one or more CSI-RS [Fig 2, Ref 29 for generating a measurement report base on CSI-RS mobility measurements]. However, Lin fails to disclose the second maximum number is less than the first maximum number and CSI-RS window includes a predetermined number of contiguous slots that are dependent on subcarrier spacing. In the same field of endeavor, Siomina [US 2014/0200016] discloses the second maximum number is less than the first maximum number [Par. [0177] “Further, the inter-frequency measurement pattern length and periodicity (L in FIG. 10) may be different, e.g., 40 ms or 80 ms, than that for intra-frequency, and may correspond to a predefined measurement gap pattern periodicity, e.g., 40 ms or 80 ms, which may apply for at least one of FDD and TDD. The current standard specifies TDD pattern periodicity and length of 20, 60 and 70 ms for some UL/DL configurations.” and [0183] “According to one embodiment, the need for the measurement gaps is taken into account also when defining the behavior of the measurement, e.g., RRM, RLM, positioning, CSI, etc., under dynamic configuration of a measurement pattern. For example, when the gaps are needed, the measurement period may be even longer than just due to the state transition. Further, the measurement period may be a function of the number of measured frequencies or carriers, e.g., the measurement period may be proportional to the number of measured frequencies or carriers. In another embodiment, the measurement period may be a function of the number of carriers requiring measurement gaps.” discloses the periodicity of inter-frequency is different from periodicity of intra-frequency for CSI measurement such as the periodicity of intra-frequency is 80 ms then the periodicity of inter-frequency is 40 ms wherein 80 ms is the first maximum of periodicities and 40 ms is the second maximum of periodicities]. However, Lin and Siomina fail to disclose CSI-RS window includes a predetermined number of contiguous slots that are dependent on subcarrier spacing. In the same field of endeavor, Nam discloses the CSI-RS window includes a predetermined number of contiguous slots that are dependent on subcarrier spacing [Table 2 discloses a predetermined number of contiguous slots that are dependent on subcarrier spacing for CSI-RS window in the CMTC window wherein SCS 60 khz has 4 slots, 120 khz has 8 slots and 240 khz has 16 slots, so CSI-RS measuring widow includes a predetermined number of contiguous slots that are depended on subcarrier spacing, Fig 22, 25, Par. 0216, 0305, CMTC window has a duration 1 ms “ 2 slots”, 0327 for slots and Par. 0281, spacing].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the CSI-RS window includes a predetermined number of contiguous slots that are dependent on subcarrier spacing as disclosed by Nam into teaching of Siomina comprising the second maximum number is less than the first maximum number into the teaching of Lin ‘906. The motivation would have been to improve communication flexibility.
As claim 4, Lin [20190253906] discloses the CSI-RS configuration is configured to include the CSI-RS window [Par. 0027].
As claim 5, Lin [20190253906] discloses the CSI-RS configuration is predetermined to include the CSI-RS window [Par. 0027].
As claim 6, Lin [20190253906] discloses decode, at the UE, the CSI-RS window using the CMTC [Par. 0027].
As claim 7, Lin [20190253906] discloses the measuring of the one or more CSI-RS includes an inter-frequency measurement and an intra-frequency measurement [Par. 0007].
As claim 14, Lin [20190253906] wherein the CMTC is configured on a per measurement object basis [See Abstract, Par. 0028].
As claim 17, Lin [20190253906] wherein the CMTC is based on a measurement gap configuration [Par. 0027].
As claim 18, Lin [20190253906] the CSI-RS configuration indicates a configured periodicity of the CSI-RS window [Par. 0027].
Claim(s) 2, 8-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin ‘906, Nam and Siomina as applied to claim 1 above, and further in view of Lin [US 2020/0029315].
As claim 2, Lin ‘096, Nam and Siomina fail to disclose what Lin ‘315 discloses wherein the one or more mobility related measurements include Layer3 reference signal received power (L3-RSRP) [Par. 0380].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising one or more mobility related measurements include Layer3 reference signal received power as disclosed by Lin into the teaching of Lin ‘906, Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
As claim 8, Lin ‘096 and Siomina fail to disclose what Lin ‘315 discloses the intra-frequency measurement is associated with an intra-frequency carrier of a first neighboring cell to a serving cell of the UE [Par. 0327 discloses measuring intra-frequency associated with carrier of first neighbor cell “target carrier” to a serving cell to UE] and the inter-frequency measurement is associated with an inter-frequency carrier of a second neighboring cell to a serving cell of the UE [Par. 0320, discloses measuring inter-frequency associated with carrier of second neighbor cell “target carrier” to a serving cell to UE ].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the intra-frequency measurement is associated with an intra-frequency carrier of a neighboring cell to a serving cell of the UE and the inter-frequency measurement is associated with an inter-frequency carrier of a neighboring cell to a serving cell of the UE as disclosed by Lin ‘015 into the teaching of Lin, Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
As claim 9, Lin ‘096 and Siomina fail to disclose what Lin ‘315 discloses the CSI-RS configuration is configured per physical cell identity (PCI) [Par. 0334, 0352, discloses physical cell identifier for CSI-RS].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the CSI-RS configuration is configured per physical cell identity (PCI) as disclosed by Lin ‘015 into the teaching of Lin, Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
As claim 10, Lin ‘096 and Siomina fail to disclose what Lin ‘315 discloses the CSI-RS configuration is configured per CSI-RS resource [Par. 0322 discloses CSI-RS for RS resource].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the CSI-RS configuration is configured per CSI-RS resource as disclosed by Lin ‘015 into the teaching of Lin , Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
As claim 12, Lin ‘096 and Siomina fail to disclose what Lin ‘315 discloses wherein a length of the CSI-RS window selected from a group comprising 1 millisecond, 2 milliseconds, 3 milliseconds, 4 milliseconds, and 5 milliseconds [Par. 0368, 4 ms for period “window”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising a length of the CSI-RS window selected from a group comprising 1 millisecond, 2 milliseconds, 3 milliseconds, 4 milliseconds, and 5 milliseconds as disclosed by Lin ‘015 into the teaching of Lin, Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
As claim 13, Lin ‘096 and Siomina fail to disclose what Lin ‘315 discloses wherein the CMTC is configured on a per UE basis [Par. 0361, 0368, CMTC for UE].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the CMTC is configured on a per UE basis as disclosed by Lin ‘015 into the teaching of Lin, Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
Claim(s) 3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin ‘906, Nam and Siomina as applied to claim 1 above, and further in view of Novlan [US 2019/0053235].
As claim 3, Lin ‘096, Nam and Siomina fail to fully disclose what Novlan [US 2019/035235 discloses CSI-RS resources of the CSI-RS configuration are configured per physical cell identify (PCI) per measurement object (MO) [Fig 7 discloses CMTC configured for PCI and measurement object].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for configurating CMTC on a per PCI basis as disclosed by Novlan into the teaching of Lin, Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
As claim 15, Lin ‘096, Nam and Siomina fail to fully disclose what Novlan [US 2019/0053235] discloses wherein the CMTC is configured on a per physical cell identity (PCI) basis [Fig 7 discloses CMTC is configured for PCI, Par. 0038-0039].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for configurating CMTC on a per PCI basis as disclosed by Novlan into the teaching of Lin, Nam and Siomina. The motivation would have been to allow an efficient signaling of measurement configuration.
Response to Arguments
Applicant's arguments filed 10/29/2025 have been fully considered but they are not persuasive.
In response to pages 6-7, the applicant states that the prior arts fail to disclose the CSI-RS window is limited by a CSI-RS measurement timing configuration (CMTC) and CSI-RS window includes a predetermined number of contiguous slots that are dependent on subcarrier spacing. In reply, Lin discloses the CSI-RS window is limited by a CSI-RS measurement timing configuration (CMTC) [See Abstract, Par. 0008, 0028 discloses CSI-RS window for measuring is limited by CMTC window] and Nam discloses the CSI-RS window includes a predetermined number of contiguous slots that are dependent on subcarrier spacing [Table 2 discloses a predetermined number of contiguous slots that are dependent on subcarrier spacing for CSI-RS window in the CMTC window wherein SCS 60 khz has 4 slots, 120 khz has 8 slots and 240 khz has 16 slots, so CSI-RS measuring widow includes a predetermined number of contiguous slots that are dependent on subcarrier spacing, Fig 22, 25, Par. 0216,
“[0216] In one example, the numerology and frame structure for the CSI-RS configuration are the same as those for SS block mapping (i.e., SS block default numerology). In such a case, the CSI-RS configuration and mapping parameters (i.e., slot offset, OFDM where to map the two OFDM symbols corresponding to a CSI-RS resource) are determined by the subcarrier spacing, e.g., according to TABLE 2.
TABLE 2
CSI-RS configuration parameters
SCS Number of slots CSI-RS in a frame CSI-RS configuration parameters
60 kHz 40 Slot offset = X Two OFDM symbols, n and n + 7 in each CSI-RS slot are used for mapping of a CSI-RS resource. FIG. 16A corresponds to this case.
120 kHz 80 Slot offset = 2X OFDM symbol m in two consecutive slots are used for mapping of a CSI-RS resource. The one time slot in FIG. 16A now corresponds to two slots, and OFDM symbols x and y correspond to OFDM symbol m in two consecutive slots.
240 kHz 160 Slot offset = 4X OFDM symbol l in two slots spaced apart by one slot (e.g., slots 4X and 4X + 2) are used for mapping of a CSI-RS resource. The one time slot in FIG. 16A now corresponds to four slots, and OFDM symbols x and y correspond to OFDM symbol l in slot 4X and 4X + 2.“,
Par. 0305, CMTC window has a duration 1 ms “ 2 slots”, 0327 for slots and Par. 0281, spacing].
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In reply, Lin and Siomina disclose the limitation of independent claims excepting what Nam discloses CSI-RS window includes a predetermined number of contiguous slots that are dependent on subcarrier spacing [See Fig 22 and Par. 0200, 0215-0216 which includes table 1 disclose the number of contiguous slots are depended on subcarrier spacing for CSI-RS windows].
Since, it is well known the art the number of slots in frame depends on the SCS. Therefore, it would have been obvious to one of ordinary skill in the art to implement the teaching of Nam into Lin and Siomina because they disclose the used of CMTC for CSI-RS measurement window. The motivation would have been to maintain the quality of signal based on SCS.
Conclusion
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414