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 .
Response to Arguments
Applicant’s arguments filed on 02/18/2026 have been fully considered but they are not persuasive.
Applicant argues “As one of ordinary skill in the art would understand, these are different concepts serving distinct purposes in wireless communication systems. Wu's disclosure focuses on determining when and how to configure measurement gaps for inter-frequency and inter-RAT measurements, not on determining how to aggregate carriers specifically for receiving multicast data. For example, as shown in paragraph [0050] of Wu, "the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE." This disclosure relates to measurement gap determination for enabling measurements during data transmission, not to configuring carrier aggregation for multicast data reception as recited in claim 43. Wu's primary concern is avoiding interference with data transmission and reception during measurement procedures, whereas claim 43 specifically recites determining a CA configuration for receiving multicast data on carriers of dedicated and mixed mode types. Measurement gaps are temporary interruptions in data transmission to allow for measurements, while carrier aggregation configurations define how multiple carriers are combined to increase data throughput” (see remarks pg. 9).
In response to applicant’s argument, the examiner respectfully disagrees because the features upon which applicant relies (i.e., “determining how to aggregate carriers”, “configuring carrier aggregation” and “carrier aggregation configurations define how multiple carriers are combined to increase data throughput”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Claim 43 simply requires a method step of “determining a carrier aggregation (CA) configuration” which would result in “a wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data”. Wu’s “measurement gap configuration” has the same result of “a wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data”. See for example paragraphs [0050] and [0038]:
[0050] Take an example associated with FIG. 1. The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. On the other hand, if the network configures the measurement gap to all of the component carriers CA(1)-CA(m), the UE performs the inter-frequency/inter-RAT measurement using the measurement gap on all of the component carriers CA(1)-CA(m). In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE.
To further explain if the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), it would avoid affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. Therefore the measurement gap configuration directly affects/controls other component carriers data reception, which would read on the intended claim result of “a wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data”. Therefore, the examiner interprets the claimed carrier aggregation configuration as Wu’s measurement gap configuration, since both serve the same purpose of allowing a wireless device to receive multicast data on a plurality of carriers of a dedicate mode type that includes only MBMS data, thereby increasing usage efficiency of the component carriers of the UE. This interpretation is reasonable as the claim does not further define the term “carrier aggregation configuration” or what it entails, as it is broadly recited. Accordingly, in view of above, the argument is not found persuasive.
Applicant further argues “In addition to not disclosing the "CA configuration", Wu does not disclose "the CA configuration being determined for the wireless device based at least partially on a pre-defined set of supported CA configurations." The Office Action cites on page 5 to Wu's disclosure of "two possible measurement gap configurations" as being a "pre-defined set of supported CA configurations." However, the fact that Wu discloses two measurement gap configurations does not mean that these configurations (again, not CA configurations) are part of a "pre-defined set" of configurations. This does not disclose each and every element in the level of detail recited in the claims as required by MPEP 2131” (see remarks pgs. 9-10).
In response to applicant’s argument, the examiner respectfully disagrees because, as discussed above, a measurement gap configuration reasonably reads on CA configuration as both serve the same purpose of allowing a wireless device to receive multicast data on a plurality of carriers of a dedicate mode type that includes only MBMS data. Furthermore, Wu discloses two possible/pre-defined measurement gap configurations (i.e., pre-defined set of supported CA configurations) in paragraph [0038]:
[0038] The measurement gap configuration determination is described as follows. After the network receives the capability information message indicating the component carrier capability, the network compares the maximum number of the component carriers indicated by the component carrier capability and the first number of component carriers having been configured to receive data. If the first number of component carriers that have been configured to receive data is equal to the maximum number of the indicated component carriers, the network configures the measurement gap to at least one of the component carriers. That is, the network configures the measurement gap(s) to at least one of the component carriers for the inter-frequency/inter-RAT measurement when the UE receives data with the maximum number of the component carriers. On the other hand, the network does not configure the measurement gap to any of the component carriers for the inter-frequency/inter-RAT measurement when the UE receives data on part of the component carriers. With such manner, the network can properly configure the measurement gap to each component carrier of the UE for the inter-frequency/inter-RAT measurement.
To further explain, the examiner interprets Wu’s feature of “If the first number of component carriers that have been configured to receive data is equal to the maximum number of the indicated component carriers, the network configures the measurement gap to at least one of the component carriers” as one supported/pre-defined measurement gap configuration. The examiner also interprets “On the other hand, the network does not configure the measurement gap to any of the component carriers for the inter-frequency/inter-RAT measurement when the UE receives data on part of the component carriers” as another supported/pre-defined measurement gap configuration. Wu does not disclose any other supported/possible measurement gap configuration. Since Wu discloses these are two possible/pre-defined measurement gap configurations that are supported in the system of which could be chosen from depending on the scenario, it would be reasonable to interpret them as a “pre-defined set of configurations”. Accordingly, the two pre-defined measurement gap configurations that are supported in the system reads on the claimed feature of “pre-defined set of supported CA configurations”. Therefore, the argument is not found persuasive.
Applicant further argues that “This rejection includes the same improper conflation of measurement gap configuration with carrier aggregation configuration that undermines the anticipation rejection. Wu's disclosure relates exclusively to measurement gap configurations for enabling inter-frequency and inter-RAT measurements, not to carrier aggregation configurations for data reception. As noted above, one of ordinary skill in the art would understand measurement gaps are temporary interruptions in data transmission to allow for measurements and carrier aggregation configurations define how multiple carriers are combined to increase data throughput for actual data reception. Similarly, Siomina's disclosure regarding measurement gap patterns does not constitute a disclosure of carrier aggregation configurations as this would be understood in the art. For example, as shown in paragraph [0096] of Siomina, "the UE itself configures a measurement gap," and in paragraph [0097], "the UE receives from the radio network node information indicating a determined measurement gap pattern to be used for performing the inter-frequency measurement." These disclosures relate to measurement procedures, not to the configuration of carrier aggregation for data reception as recited in claim 1 as amended. The Examiner's reliance on Wu's measurement gap disclosures and Siomina's measurement gap pattern disclosures fails to provide any teaching or suggestion regarding carrier aggregation configurations, which serve an entirely different purpose in wireless communication systems” (see remarks pgs. 10-11).
In response to applicant’s argument, the examiner respectfully disagrees because the features upon which applicant relies (i.e., “carrier aggregation configurations define how multiple carriers are combined to increase data throughput for actual data reception”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Claim 1 recites “determining, by the wireless device, a carrier aggregation (CA) configuration that configures the wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data”. Wu’s “measurement gap configuration” also “configures the wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data”. See for example paragraphs [0050] and [0038]:
[0050] Take an example associated with FIG. 1. The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. On the other hand, if the network configures the measurement gap to all of the component carriers CA(1)-CA(m), the UE performs the inter-frequency/inter-RAT measurement using the measurement gap on all of the component carriers CA(1)-CA(m). In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE.
To further explain if the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), it would avoid affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. Therefore the measurement gap configuration directly controls/configures other component carriers data reception, which would read on the claimed limitation of “configures the wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data”. Therefore, the examiner interprets the claimed carrier aggregation configuration as Wu’s measurement gap configuration, since both configure the wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data, thereby increasing usage efficiency of the component carriers of the UE. This interpretation is reasonable as the claim does not further define the term “carrier aggregation configuration” or what it entails, as it is broadly recited. Accordingly, in view of above, the argument is not found persuasive.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 43-46, 48-57 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (US 2010/0267394 A1, hereinafter “Wu”).
As to claim 43:
Wu discloses a method of operating a network node in a wireless communication network (see Abstract; [0050]-[0051]; [0043]; [0039]; [0077]), the method comprising:
determining a carrier aggregation (CA) configuration for a wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data and/or a mixed mode type that includes MBMS data and unicast data (“the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception … indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; [0050]; [0043]; [0039]; [0077] note: configure the measurement gap = carrier aggregation configuration), the CA configuration being determined based at least partially on a pre-defined set of supported CA configurations (“If the first number of component carriers that have been configured to receive data is equal to the maximum number of the indicated component carriers, the network configures the measurement gap to at least one of the component carriers. That is, the network configures the measurement gap(s) to at least one of the component carriers for the inter-frequency/inter-RAT measurement when the UE receives data with the maximum number of the component carriers. On the other hand, the network does not configure the measurement gap to any of the component carriers for the inter-frequency/inter-RAT measurement when the UE receives data on part of the component carriers”; [0038]; [0050] note: two possible measurement gap configurations for the UE are disclosed);
configuring the determined CA configuration for the wireless device (“If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. On the other hand, if the network configures the measurement gap to all of the component carriers CA(1)-CA(m), the UE performs the inter-frequency/inter-RAT measurement using the measurement gap on all of the component carriers CA(1)-CA(m). In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; [0050]-[0051]); and
obtaining a result of performing one or more operational tasks under the configured CA configuration (“If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception”; [0050]; [0077] “Therefore, the component carriers CA(2)-CA(m) are not affected by the measurement gap, and remains performing the data transmission/reception”; [0042]).
As to claim 44:
Wu further discloses wherein determining the CA configuration comprises receiving by the network node in the wireless communication network, a wireless device capability that corresponds to the wireless device's capability to support one or more CA configurations, wherein the wireless device's capability to support one or more CA configurations comprises support for at least one of a quantity of carriers of the dedicated mode type and a quantity of carriers of the mixed mode type (“The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. On the other hand, if the network configures the measurement gap to all of the component carriers CA(1)-CA(m), the UE performs the inter-frequency/inter-RAT measurement using the measurement gap on all of the component carriers CA(1)-CA(m). In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 45:
Wu further discloses wherein determining the CA configuration further comprises receiving, by the network node in the wireless communication network, an indication that the wireless device has an interest in receiving multicast data on a quantity of carriers of the dedicated mode type and/or a quantity of carriers of the mixed mode type (“When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 46:
Wu further discloses wherein determining the CA configuration further comprises: determining a supported CA configuration that includes at least one carrier of the dedicated mode type or the mixed mode type; and configuring the supported CA configuration (“The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 48:
Wu further discloses wherein determining the supported CA configuration is based on a supported configuration or characteristics of the supported configuration at the network node (“the network determines whether to configure the measurement gap to at least one of the component carriers according to the component carrier capability which may include the maximum number of the component carriers on which the UE receives data and according to the first number of component carriers that the network configures to the UE to receive data”; see Fig. 1; [0037]; [0039]; [0050]-[0051]).
As to claim 49:
Wu further discloses wherein configuring the supported CA configuration comprises aggregating the carriers with multicast data to receive multicast data (“The mobile device 10 can operate with carrier aggregation and COMP. In FIG. 1, the mobile device 10 communicates with the cells C1-Cn through radio links L.sub.1-L.sub.m that correspond to component carriers CA(1)-CA(m) configured in the mobile device 10 respectively.”; See Fig. 1; [0027]; [0050]-[0051]).
As to claim 50:
Wu further discloses wherein configuring the supported CA configuration comprises at least one of: modifying a set of component carrier (CC) by deactivating one or more secondary cells (SCells) (this limitation is optional and not elected by the examiner for examination purposes); replacing a first mode type cell in a set of serving cells with a second mode type cell, wherein the first mode type cell is one of the dedicated mode type and mixed mode type, and wherein the second mode type cell is the other one of the dedicated mode type and the mixed mode type (this limitation is optional and not elected by the examiner for examination purposes); and creating or extending a set of one or more UE-operated carriers with multicast data (“The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 51:
Wu further discloses wherein receiving, by the network node in the wireless communication network, the indication that the wireless device has an interest in receiving multicast data comprises at least one of receiving an indicator of whether or not an adaptation is done for CA configuration and/or for multicast carriers and/or receiving information about carriers that have been deconfigured and/or deactivated (“In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s)”; [0050]).
As to claim 52:
Wu further discloses wherein determining the supported CA configuration is based on at least one of: a number of CC's with mixed cells; a number of CCs having a predefined percentage range of subframes per carrier; a number of CCs without mixed cells; and a number of activated or deactivated mixed SCells (“reception of a multimedia broadcast multicast service (MBMS) message of the UE is activated on ones of the component carriers. The activated component carriers can be a dedicated component carrier only used for transmitting the MBMS message to the UE, or a mixed component carrier used for transmitting the MBMS message and unicast data to the UE”; [0043] “The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 53:
Wu further discloses wherein performing the one or more operational tasks comprises at least one of: receiving multicast data in FeMBSFN subframes (this limitation is optional and not elected by the examiner for examination purposes); receiving unicast data in one or more serving cells (this limitation is optional and not elected by the examiner for examination purposes); performing a measurement in unicast subframes meeting a pre-defined performance requirement (this limitation is optional and not elected by the examiner for examination purposes); performing and/or logging a measurement in FeMBSFN subframes meeting a pre-defined performance requirement (this limitation is optional and not elected by the examiner for examination purposes); and receiving results of determining the supported configuration and/or an adaptation of the set of carriers (“The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. On the other hand, if the network configures the measurement gap to all of the component carriers CA(1)-CA(m), the UE performs the inter-frequency/inter-RAT measurement using the measurement gap on all of the component carriers CA(1)-CA(m). In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0042]-[0043]).
As to claim 54:
Wu discloses a network node operable in a wireless communication network (eNB; see Abstract; [0032]), the network node comprising:
a transceiver to provide wireless communication over a radio interface (transceiver of eNB, “a radio transceiver and can exchange wireless signals”; Fig. 2; [0028]);
at least one processor coupled to the transceiver (processor and transceiver of eNB; Fig. 2; [0028]); and
at least one memory coupled to the at least one processor and storing program code that when executed by the at least one processor causes the at least one processor to perform operations (memory and processor of eNB executing program code; Fig. 2; [0028]) comprising:
determining a carrier aggregation (CA) configuration for a wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data and/or a mixed mode type that includes MBMS data and unicast data (“the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception … indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; [0050]; [0043]; [0039]; [0077] note: configure the measurement gap = carrier aggregation configuration), the CA configuration being determined for the wireless device based at least partially on a pre-defined set of supported CA configurations (“If the first number of component carriers that have been configured to receive data is equal to the maximum number of the indicated component carriers, the network configures the measurement gap to at least one of the component carriers. That is, the network configures the measurement gap(s) to at least one of the component carriers for the inter-frequency/inter-RAT measurement when the UE receives data with the maximum number of the component carriers. On the other hand, the network does not configure the measurement gap to any of the component carriers for the inter-frequency/inter-RAT measurement when the UE receives data on part of the component carriers”; [0038]; [0050] note: two possible measurement gap configurations for the UE are disclosed); and
performing one or more operational tasks according to the CA configuration (“If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception”; [0050]; [0077] “Therefore, the component carriers CA(2)-CA(m) are not affected by the measurement gap, and remains performing the data transmission/reception”; [0042]).
As to claim 55:
Wu further discloses wherein determining the CA configuration comprises receiving by the network node in the wireless communication network, a wireless device capability that corresponds to the wireless device's capability to support one or CA configurations, wherein the wireless device's capability to support one or more CA configurations comprises support for at least one of a quantity of carriers of the dedicated mode type and a quantity of carriers of the mixed mode type (“The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. On the other hand, if the network configures the measurement gap to all of the component carriers CA(1)-CA(m), the UE performs the inter-frequency/inter-RAT measurement using the measurement gap on all of the component carriers CA(1)-CA(m). In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 56:
Wu further discloses wherein determining the CA configuration further comprises receiving, by the network node in the wireless communication network, an indication that the wireless device has an interest in receiving multicast data on a quantity of carriers of the dedicated mode type and/or a quantity of carriers of the mixed mode type (“When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 57:
Wu further discloses wherein determining the CA configuration further comprises: determining a supported CA configuration that includes at least one carrier of the dedicated mode type or the mixed mode type; and configuring the supported CA configuration (“The UE in a RRC_CONNECTED state supports m component carriers CA(1)-CA(m). When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
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 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.
Claims 1-3 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 2010/0267394 A1) in view of Siomina et al. (US 2013/0059610 A1, hereinafter “Siomina”).
As to claim 1:
Wu discloses a method of operating a wireless device in a wireless communication network (see Abstract; [0050]-[0051]; [0043]; [0039]; [0077]), the method comprising:
determining a carrier aggregation (CA) configuration that configures the wireless device to receive multicast data on a plurality of carriers of a dedicated mode type that includes only Multimedia Broadcast Multimedia Services (MBMS) data (“the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE. The detailed description related to the measurement gap configuration determination can be referred from above, so it is not given herein. If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception … indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; [0050]; [0043]; [0039]; [0077] note: configure the measurement gap = carrier aggregation configuration), the CA configuration being determined based at least partially on a capability of the wireless device to support a total quantity of carriers and quantity of carriers of the dedicated mode type (“indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; [0050]-[0051]; [0077] “The activated component carriers can be a dedicated component carrier only used for transmitting the MBMS message to the UE, or a mixed component carrier used for transmitting the MBMS message and unicast data to the UE. If the activated component carrier is the dedicated component carrier, the network determines that the maximum number of the component carriers that the UE is capable of using is changed. On the other hand, if the activated component carrier is the mixed component carrier, the network does not determine the maximum number of component carriers that the UE is capable of using is changed, and may configure the UE to remove the mixed component carrier for unicast data transmission”; [0043]; [0038]; claim 5; note: configure the measurement gap = carrier aggregation configuration; component carrier capability and type of component carrier = capability of the wireless device; “UE having two dedicated component carriers”= total quantity of carriers; “activates MBMS reception on both the dedicated component carriers”= quantity of carriers of the dedicated mode type);
configuring the wireless device with the CA configuration (“If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception. On the other hand, if the network configures the measurement gap to all of the component carriers CA(1)-CA(m), the UE performs the inter-frequency/inter-RAT measurement using the measurement gap on all of the component carriers CA(1)-CA(m). In addition, the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; [0050]-[0051]); and
receiving data in accordance with the CA configuration (“If the network configures the measurement gap to part of the component carriers, such as the component carrier CA(1), the UE performs the inter-frequency/inter-RAT measurement only using the measurement gap on the component carrier CA(1), thereby avoiding affecting other component carriers (e.g. the component carrier CA(2)-CA(m)) for data transmission/reception”; [0050]; [0077] “Therefore, the component carriers CA(2)-CA(m) are not affected by the measurement gap, and remains performing the data transmission/reception”; [0042]).
Wu does not explicitly disclose determining, by the wireless device, the carrier aggregation (CA) configuration.
However Siomina discloses determining, by the wireless device, the carrier aggregation (CA) configuration (“the UE itself configures a measurement gap”; [0096] alternatively, if the UE receives the measurement gap configuration, the UE must determine the measurement gap configuration in order to use it “the UE receives from the radio network node information indicating a determined measurement gap pattern to be used for performing the inter-frequency measurement. In a step 106 the UE uses the determined measurement gap pattern”; Abstract; [0097]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Siomina into Wu’s system/method as it would allow determining, by the wireless device, the carrier aggregation (CA) configuration. Such combination would have been obvious as applying a known technique to a known device (method, or product) ready for improvement would yield predictable results, Such combination would have also provided efficient measurement procedures and further improvement in such systems (Siomina; [0031]; [0025]).
As to claim 2:
The combined system/method of Wu and Siomina discloses the invention set forth above. Wu further discloses wherein determining the CA configuration comprises sending, to another node in the wireless communication network, a wireless device capability that corresponds to the wireless device's capability to support one or more CA configurations (“indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; [0050]-[0051]; [0043] note: configure the measurement gap = carrier aggregation configuration; component carrier capability and type of component carrier = capability of the wireless device).
As to claim 3:
The combined system/method of Wu and Siomina discloses the invention set forth above. Wu further discloses wherein determining the CA configuration further comprises: determining, at the wireless device, an interest in receiving multicast data on a number of carriers of the dedicated mode type; and transmitting to the other node in the wireless communication network the interest that is determined (“the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008] “The activated component carriers can be a dedicated component carrier only used for transmitting the MBMS message to the UE”; [0043]).
As to claim 12:
The combined system/method of Wu and Siomina discloses the invention set forth above. Wu further discloses wherein the capability of the wireless device that relates to receiving and decoding multicast data on the plurality of carriers comprises: a defined quantity of carriers of the dedicated mode type and/or of a mixed mode type (“When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043]).
As to claim 13:
The combined system/method of Wu and Siomina discloses the invention set forth above. Wu further discloses wherein the capability of the wireless device that relates to receiving and decoding multicast data on the plurality of carriers comprises at least one of:
a number of a total of carriers and/or bands in the carrier aggregation (CA) configuration that are supported; a number of carriers and/or bands for which multicast data can be aggregated (“When the UE sends the capability information message indicating the component carrier capability (e.g. the total number of the component carriers CA(1)-CA(m)), the network determines to configure the measurement gap to at least one of the component carriers CA(1)-CA(m) according to the component carrier capability and the number of the component carriers having been configured to the UE” … “the UE indicates to the network that the component carrier capability is changed when the UE activates MBMS reception on the dedicated component carrier(s). In addition, the UE indicates to the network that the component carrier capability is (m-1) when the UE having one dedicated component carrier activates MBMS reception on the component carrier, indicates to the network that the component carrier capability is (m-2) when the UE having two dedicated component carriers activates MBMS reception on both the dedicated component carriers, and so on. Thus, the network can clearly know the latest component carrier capability of the UE, and determines whether to configure the measurement gap for the inter-frequency/inter-RAT measurement according to the latest component carrier capability, thereby making measurement gap configuration correctly reflecting the component carrier usage of the UE”; Fig. 1; [0050]-[0051]; [0008]; [0043] note: the remaining limitations of claim 13 were not elected by the examiner for examination purpose as they are optional).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Xu et al. US 2015/0103724 discloses the network determining that the UE has a Carrier Aggregation (CA) capability and determining whether the UE supports receiving the MBMS service on a Secondary Cell (SCell) in the serving cell. The network configures the frequency corresponding to the MBMS service that is of interest to the UE (see Abstract and claim 2).
Ohshima et al. US 2014/0146737 discloses base station 100 communicates with mobile station 300 by carrier aggregation using a plurality of component carriers having different frequency bands. Base station 100 receives a request from mobile station 300 to receive the contents in the multimedia broadcast/multicast service. Furthermore, base station 100 transmits the contents to mobile station 300 using at least two component carriers 901 and 902 of the plurality of component carriers. Accordingly, base station 100 can apply MBMS also during carrier aggregation (see [0018]-[0019] and [0100])
Phan et al. 2013/0064162 discloses the base station receives, from the terminal, an information element informing the base station of a combination of bands, which the terminal supports for carrier aggregation, wherein the terminal supports MBMS reception on any carrier configurable as a serving cell for the terminal according to the information element; the base station derives, from the received information element, MBMS reception capabilities of the terminal; and the base station determines a number of carriers, which are configurable by the base station as serving cell of the terminal, such that the terminal is enabled to receive at least one MBMS (see [0008]-[0011]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIELA VIDAL CARPIO whose telephone number is (571)272-1250. The examiner can normally be reached M-F 8:00AM to 5:00PM.
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/MARIELA VIDAL CARPIO/Primary Examiner, Art Unit 2476