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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 4, 2026 has been entered.
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.
Claims 1-3, 11-13, and 21-23 are rejected under 35 U.S.C. § 103 as being unpatentable over Yiu et. al. (U.S. Pat. Pub. 2021/0367741), herein referred to as “Yiu”, in view of Lee et. al. (U.S. Pat. Pub. 2023/0048297), herein referred to as “Lee”, and further in view of Yang et. al. (U.S. Pat. Pub. 2021/0227413), herein referred to as “Yang”. The Yiu reference is the U.S. counterpart to the WIPO application (WO 2019033058 A1) provided in the information disclosure statement dated April 2, 2025.
Regarding Claim 1,
Yiu discloses: A terminal communicating through a first communication link with a first network, the terminal comprising: a transmitter that transmits, to a second network, a terminal capability indicating support for a measurement configuration
[0075] FIG. 3 depicts an embodiment of communications between user equipment 3010 and a base station 3020, such as the base station and user equipment shown in FIGS. 1 and 2. In the present embodiment, the base station 3020 may transmit a UE capability enquiry message 3030 to the UE 3010 to request capability information. The UE 3010 may respond to the request with a UE capability information message 3040 and, based on the capability information, the base station 3020 may transmit a measurement configuration message 3050 that includes a measurement gap configuration such as one or mo[re] of the measurement gap configurations described in conjunction with FIGS. 4A-K.
Note: The capability information 3040 is the indication indicating support. Figure 1 also shows that there are two networks since base station 101 and 102 can comprise LTE or NR gNBs, as shown:
[0059] For example, the base station 101 may comprise an LTE based gNB and the base station 102 may comprise a NR based gNB.
a receiver that receives, from the second network, network configuration information including a pattern for establishing a second communication link with the second network
[0061] The base station 101 or the base station 102 may transmit a single measurement gap to the UE-1 in the form of a gap pattern identification (ID) such as the gap patterns the tables 5300 and 5400 in FIGS. 5D-E. The gap pattern ID may describe a measurement gap length (MGL), a measurement gap repetition period (MGRP), and a measurement gap pattern.
and a processor that, based on the pattern, establishes the second communication link with the second network while maintaining the first communication link with the first network
[0076] FIGS. 4A-K illustrate embodiments of measurement gap configurations determined by a base station for a UE, for a new radio (NR), an NR for a cell in which NR and LTE coexist, an NR with dual connectivity (DC) capabilities, and channel state information reference signals of an NR, such as the base station and the UE discussed in conjunction with FIGS. 1-3.
Note: Since NR and LTE can coexist in a cell or by dual connectivity (DC), this demonstrates that both links are active across both networks.
Yiu does not disclose wherein the network configuration information comprises an instruction for performing a switching pattern between the first communication link and the second communication link.
However, Lee discloses wherein the network configuration information comprises an instruction for performing a switching pattern between the first communication link and the second communication link.
[0062] In some implementations, a switching gap may be a periodic gap or an aperiodic gap. The types of a switching gap may include a periodic gap and an aperiodic gap. In some implementations, a UE may be configured with one or more switching gap configurations (or switching gap patterns), e.g., for different situations or for different networks, where different switching gap configuration(s)/pattern(s) may be configured with different parameters (e.g., IE mgl and IE mgrp in IEMeasGapConfig or repetition period and duration in IEMUSIMGapConfig). The IE mgl may refer to a measurement gap length in a time unit of millisecond (ms) of the associated measurement gap. The IE mgrp may refer to a measurement gap repetition period in a unit of ms of the associated measurement gap.
[0195] In action 608, in a case that the UE receives the first time gap configuration, the UE may switch to a second network (e.g., NWB), while keeping a connection to the first network, during the first configured time gap according to the first time gap configuration.
[0198] In a case that the UE receives the second time gap configuration, the UE may switch to the second network, while keeping the connection to the first network, during the second configured time gap according to the second time gap configuration.
Note: The “instruction” occurs as a result of receiving first and/or second time gap configuration/patterns.
Yiu and Lee are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of a switching pattern between two links as taught by Lee so as to aid in communicating over two different networks simultaneously.
Yiu does not disclose wherein the network switching pattern is configured to account for an additional amount of time needed for radio frequency (RF) tuning and retuning to maintain communications links with at least two different networks.
However, Yang discloses wherein the network switching pattern is configured to account for an additional amount of time needed for radio frequency (RF) tuning and retuning to maintain communications links with at least two different networks.
[0172] Examples of measurement gaps based on MGRP (20 ms, 40 ms, 80 ms, 160 ms), MGL (6 ms, 4 ms, 3 ms in FR1 and 5.5 ms, 3.5 ms, 1.5 ms in FR2), RF re-tuning time and a starting time of SMTC window duration are described in FIG. 9. In FIG. 9, a starting time of measurement gaps are configured based on a reference time, which is equal to the starting time of the SMTC window duration, and RF re-tuning time (0.5 ms in FR 1, 0.25 ms in FR 2).
Note: The additional time is the “retuning” time for FR1 and FR2 (0.5 ms and 0.25 ms) respectfully.
Yiu and Yang are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of additional time needed for RF retuning taught by Yang so as to aid in communicating over two different networks simultaneously.
Regarding Claim 2,
Yiu does not explicitly disclose all of the limitations of Claim 2.
However, Lee discloses: The terminal of claim 1, wherein the network switching pattern comprises one of: a periodic switching or an aperiodic switching.
[0062] In some implementations, a switching gap may be a periodic gap or an aperiodic gap. The types of a switching gap may include a periodic gap and an aperiodic gap.
Yiu and Lee are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of a switching pattern comprising of a periodic or aperiodic switching as taught by Lee so as to aid in communicating over two different networks simultaneously.
Regarding Claim 3,
Yiu does not explicitly disclose all of the limitations of Claim 3.
However, Lee discloses: The terminal of claim 1, wherein the instruction includes a measurement gap repetition periodicity (MGRP) and a measurement gap length (MGL) associated with the measurement configuration.
[0062] In some implementations, a switching gap may be a periodic gap or an aperiodic gap. The types of a switching gap may include a periodic gap and an aperiodic gap. In some implementations, a UE may be configured with one or more switching gap configurations (or switching gap patterns), e.g., for different situations or for different networks, where different switching gap configuration(s)/pattern(s) may be configured with different parameters (e.g., IE mgl and IE mgrp in IEMeasGapConfig or repetition period and duration in IEMUSIMGapConfig). The IE mgl may refer to a measurement gap length in a time unit of millisecond (ms) of the associated measurement gap. The IE mgrp may refer to a measurement gap repetition period in a unit of ms of the associated measurement gap.
Yiu and Lee are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of MGL and MGRP associated with measurement configuration as taught by Lee so as to aid in communicating over two different networks simultaneously.
Regarding Claim 11,
Yiu discloses: A system comprising: a first base station configured to access a first network; a second base station configured to access a second network; and a terminal communicating through a first communication link with the first base station, the terminal comprising
[0056] FIG. 1 illustrates a communication network 120 to measurement gap configuration for new radios (NRs). The communication network 100 is an Orthogonal Frequency Division Multiplex (OFDM) network comprising a primary base station 101, a first user equipment UE-1, a second user equipment UE-2, a third user equipment UE-3, and a secondary base station 102.
[0059] For example, the base station 101 may comprise an LTE based gNB and the base station 102 may comprise a NR based gNB.
a transmitter that transmits, to the second base station, a terminal capability indicating support for a measurement configuration
[0075] FIG. 3 depicts an embodiment of communications between user equipment 3010 and a base station 3020, such as the base station and user equipment shown in FIGS. 1 and 2. In the present embodiment, the base station 3020 may transmit a UE capability enquiry message 3030 to the UE 3010 to request capability information. The UE 3010 may respond to the request with a UE capability information message 3040 and, based on the capability information, the base station 3020 may transmit a measurement configuration message 3050 that includes a measurement gap configuration such as one or mo[re] of the measurement gap configurations described in conjunction with FIGS. 4A-K.
a receiver that receives, from the base station, network configuration information including a pattern for establishing a second communication link with the second network
[0061] The base station 101 or the base station 102 may transmit a single measurement gap to the UE-1 in the form of a gap pattern identification (ID) such as the gap patterns the tables 5300 and 5400 in FIGS. 5D-E. The gap pattern ID may describe a measurement gap length (MGL), a measurement gap repetition period (MGRP), and a measurement gap pattern.
and a processor that, based on the pattern, establishes the second communication link with the second base station while maintaining the first communication link with the first base station
[0076] FIGS. 4A-K illustrate embodiments of measurement gap configurations determined by a base station for a UE, for a new radio (NR), an NR for a cell in which NR and LTE coexist, an NR with dual connectivity (DC) capabilities, and channel state information reference signals of an NR, such as the base station and the UE discussed in conjunction with FIGS. 1-3.
Note: Since NR and LTE can coexist in a cell or by dual connectivity (DC), this demonstrates that both links are active across both networks.
Yiu does not disclose wherein the network configuration information comprises an instruction for performing a switching pattern between the first communication link and the second communication link.
However, Lee discloses wherein the network configuration information comprises an instruction for performing a switching pattern between the first communication link and the second communication link.
[0062] In some implementations, a switching gap may be a periodic gap or an aperiodic gap. The types of a switching gap may include a periodic gap and an aperiodic gap. In some implementations, a UE may be configured with one or more switching gap configurations (or switching gap patterns), e.g., for different situations or for different networks, where different switching gap configuration(s)/pattern(s) may be configured with different parameters (e.g., IE mgl and IE mgrp in IEMeasGapConfig or repetition period and duration in IEMUSIMGapConfig). The IE mgl may refer to a measurement gap length in a time unit of millisecond (ms) of the associated measurement gap. The IE mgrp may refer to a measurement gap repetition period in a unit of ms of the associated measurement gap.
[0195] In action 608, in a case that the UE receives the first time gap configuration, the UE may switch to a second network (e.g., NWB), while keeping a connection to the first network, during the first configured time gap according to the first time gap configuration.
[0198] In a case that the UE receives the second time gap configuration, the UE may switch to the second network, while keeping the connection to the first network, during the second configured time gap according to the second time gap configuration.
Note: The “instruction” occurs as a result of receiving first and/or second time gap configuration/patterns.
Yiu and Lee are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of a switching pattern between two links as taught by Lee so as to aid in communicating over two different networks simultaneously.
Yiu does not disclose wherein the network switching pattern is configured to account for an additional amount of time needed for radio frequency (RF) tuning and retuning to maintain communications links with at least two different networks.
However, Yang discloses wherein the network switching pattern is configured to account for an additional amount of time needed for radio frequency (RF) tuning and retuning to maintain communications links with at least two different networks.
[0172] Examples of measurement gaps based on MGRP (20 ms, 40 ms, 80 ms, 160 ms), MGL (6 ms, 4 ms, 3 ms in FR1 and 5.5 ms, 3.5 ms, 1.5 ms in FR2), RF re-tuning time and a starting time of SMTC window duration are described in FIG. 9. In FIG. 9, a starting time of measurement gaps are configured based on a reference time, which is equal to the starting time of the SMTC window duration, and RF re-tuning time (0.5 ms in FR 1, 0.25 ms in FR 2).
Note: The additional time is the “retuning” time for FR1 and FR2 (0.5 ms and 0.25 ms) respectfully.
Yiu and Yang are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of additional time needed for RF retuning taught by Yang so as to aid in communicating over two different networks simultaneously.
Regarding Claim 12,
Claim 12 is rejected on the same grounds of rejection set forth in claim 2.
Regarding Claim 13,
Claim 13 is rejected on the same grounds of rejection set forth in claim 3.
Regarding Claim 21,
Yiu discloses: A method for a terminal performing network switching, comprising:
establishing a first communication link between the terminal and a first network;
transmitting, to a second network, a terminal capability indicating support for a measurement configuration
[0075] FIG. 3 depicts an embodiment of communications between user equipment 3010 and a base station 3020, such as the base station and user equipment shown in FIGS. 1 and 2. In the present embodiment, the base station 3020 may transmit a UE capability enquiry message 3030 to the UE 3010 to request capability information. The UE 3010 may respond to the request with a UE capability information message 3040 and, based on the capability information, the base station 3020 may transmit a measurement configuration message 3050 that includes a measurement gap configuration such as one or mo[re] of the measurement gap configurations described in conjunction with FIGS. 4A-K.
Note: The capability information 3040 is the indication indicating support. Figure 1 also shows that there are two networks since base station 101 and 102 can comprise LTE or NR gNBs, as shown:
[0059] For example, the base station 101 may comprise an LTE based gNB and the base station 102 may comprise a NR based gNB.
receiving, from the second network, network configuration information including a pattern for establishing a second communication link with the second network
[0061] The base station 101 or the base station 102 may transmit a single measurement gap to the UE-1 in the form of a gap pattern identification (ID) such as the gap patterns the tables 5300 and 5400 in FIGS. 5D-E. The gap pattern ID may describe a measurement gap length (MGL), a measurement gap repetition period (MGRP), and a measurement gap pattern.
and establishing, based on the pattern, the second communication link with the second network while maintaining the first communication link with the first network
[0076] FIGS. 4A-K illustrate embodiments of measurement gap configurations determined by a base station for a UE, for a new radio (NR), an NR for a cell in which NR and LTE coexist, an NR with dual connectivity (DC) capabilities, and channel state information reference signals of an NR, such as the base station and the UE discussed in conjunction with FIGS. 1-3.
Note: Since NR and LTE can coexist in a cell or by dual connectivity (DC), this demonstrates that both links are active across both networks.
Yiu does not disclose wherein the network configuration information comprises an instruction for performing a switching pattern between the first communication link and the second communication link.
However, Lee discloses wherein the network configuration information comprises an instruction for performing a switching pattern between the first communication link and the second communication link.
[0062] In some implementations, a switching gap may be a periodic gap or an aperiodic gap. The types of a switching gap may include a periodic gap and an aperiodic gap. In some implementations, a UE may be configured with one or more switching gap configurations (or switching gap patterns), e.g., for different situations or for different networks, where different switching gap configuration(s)/pattern(s) may be configured with different parameters (e.g., IE mgl and IE mgrp in IEMeasGapConfig or repetition period and duration in IEMUSIMGapConfig). The IE mgl may refer to a measurement gap length in a time unit of millisecond (ms) of the associated measurement gap. The IE mgrp may refer to a measurement gap repetition period in a unit of ms of the associated measurement gap.
[0195] In action 608, in a case that the UE receives the first time gap configuration, the UE may switch to a second network (e.g., NWB), while keeping a connection to the first network, during the first configured time gap according to the first time gap configuration.
[0198] In a case that the UE receives the second time gap configuration, the UE may switch to the second network, while keeping the connection to the first network, during the second configured time gap according to the second time gap configuration.
Note: The “instruction” occurs as a result of receiving first and/or second time gap configuration/patterns.
Yiu and Lee are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of a switching pattern between two links as taught by Lee so as to aid in communicating over two different networks simultaneously.
Yiu does not disclose wherein the network switching pattern is configured to account for an additional amount of time needed for radio frequency (RF) tuning and retuning to maintain communications links with at least two different networks.
However, Yang discloses wherein the network switching pattern is configured to account for an additional amount of time needed for radio frequency (RF) tuning and retuning to maintain communications links with at least two different networks.
[0172] Examples of measurement gaps based on MGRP (20 ms, 40 ms, 80 ms, 160 ms), MGL (6 ms, 4 ms, 3 ms in FR1 and 5.5 ms, 3.5 ms, 1.5 ms in FR2), RF re-tuning time and a starting time of SMTC window duration are described in FIG. 9. In FIG. 9, a starting time of measurement gaps are configured based on a reference time, which is equal to the starting time of the SMTC window duration, and RF re-tuning time (0.5 ms in FR 1, 0.25 ms in FR 2).
Note: The additional time is the “retuning” time for FR1 and FR2 (0.5 ms and 0.25 ms) respectfully.
Yiu and Yang are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of additional time needed for RF retuning taught by Yang so as to aid in communicating over two different networks simultaneously.
Regarding Claim 22,
Claim 22 is rejected on the same grounds of rejection set forth in claim 2.
Regarding Claim 23,
Claim 23 is rejected on the same grounds of rejection set forth in claim 3.
Claims 4, 14, and 24 are rejected under 35 U.S.C. § 103 as being unpatentable over Yiu in view of Lee and Yang, held further in view of Manolakos et. al. (U.S. Pat. Pub. 2021/0337377), herein referred to as “Manolakos.”
Regarding Claim 4,
Yiu in view of Lee and Yang does not explicitly disclose the limitations of Claim 4.
However, Manolakos discloses: The terminal of claim 3, wherein the instruction configures the MGRP to be greater than 160 ms; and wherein the instruction configures the MGL to be greater than or equal to 10.5 ms.
[0136] It has been proposed to add a limited number of new measurement gap patterns. Possible candidates include measurement gaps with an MGL of {10, 20, 40, 50} ms and an MGRP of {80, 160, 320, 640} ms.
Yiu in view of Lee, Yang, and Manolakos are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu in view of Lee and Yang to include the concept of MGRP being greater than 160 ms and MGL to be greater than 10.5 ms as taught by Manolakos so as to aid in communicating over two different networks simultaneously.
Regarding Claim 14,
Claim 14 is rejected on the same grounds of rejection set forth in claim 4.
Regarding Claim 24,
Claim 24 is rejected on the same grounds of rejection set forth in claim 4.
Claims 5-7, 15-17, and 25-26 are rejected under 35 U.S.C. § 103 as being unpatentable over Yiu in view of Lee, Yang, and Manolakos, held further in view of 3GPP TSG-RAN WG2 Meeting #115 electronic, “On coordinated switch from NW to MUSIM device”, R2-2108031, August 9-27, 2021, herein referred to as “R2-2108031”. This reference was provided in the information disclosure statement dated April 2, 2025.
Regarding Claim 5,
Yiu in view of Lee, Yang, and Manolakos do not explicitly disclose the limitations of Claim 5.
However, R2-2108031 discloses: The terminal of claim 4, wherein the instruction includes a repetition parameter for the measurement configuration, and wherein the instruction configures the repetition parameter to be continuous over a predefined period of time or a predefined number of slots until the terminal receives a new network configuration information.
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Note: The periodic gap pattern is continuous over slots as shown in Figure 1 with the SI windows. It is repetitive since it is occurring over several iterations of SI windows. Figure 2 shows when the terminal/UE switched to network B under this construct due to “new configuration information.”
Yiu in view of Lee, Yang, Manolakos, and R2-2108031 are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu in view of Lee, Yang, and Manolakos to include the concept of a continuous repetition parameter for the measurement configuration occurring over predefined slots as taught by R2-2108031 so as to aid in communicating over two different networks simultaneously.
Regarding Claim 6,
Yiu in view of Lee, Yang, and Manolakos do not explicitly disclose the limitations of Claim 6.
However, R2-2108031 discloses: The terminal of claim 4, wherein the instruction includes an aperiodic gap pattern for the measurement configuration, and wherein the instruction configures an aperiodic switching operation from the first communication link to the second communication link.
Refer to Section 2.1.3
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Note: Similar to claim 5, but now the art shows an aperiodic pattern for the aperiodic switching between two networks and the UE as shown in Figure 3.
Yiu in view of Lee, Yang, Manolakos, and R2-2108031 are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu in view of Lee, Yang, and Manolakos to include the concept of an aperiodic gap pattern for configuring an aperiodic switching operation as taught by R2-2108031 so as to aid in communicating over two different networks simultaneously.
Regarding Claim 7,
Yiu does not explicitly disclose all of the limitations of Claim 7.
However, Lee discloses: The terminal of claim 6, wherein the instruction includes at least one of the following:
(a) a Medium Access Control (MAC) Control Element (CE) message; or
(b) a Downlink Control Information (DCI) message.
[0105] In some implementations, the Gap ID may be included in the GapConfig to identity a gap pattern/gap configuration. The Gap ID may be associated with a gap pattern/gap configuration. The network may command/instruct a UE to remove/delete a gap pattern/gap configuration by indicating the associated gap ID. The UE may suggest activating, deactivating, resuming, or suspending a gap pattern/gap configuration, or activating, deactivating, resuming, or suspending a gap based on a gap pattern/gap configuration by indicating the associated gap ID in signaling (e.g., an RRC message, a Medium Access Control (MAC) Control Element (CE), or DCI).
Yiu and Lee are considered to be analogous because they pertain to communications over a wireless network. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include the concept of an instruction containing MAC CE or DCI as taught by Lee so as to aid in communicating over two different networks simultaneously.
Regarding Claim 15,
Claim 15 is rejected on the same grounds of rejection set forth in claim 5.
Regarding Claim 16,
Claim 16 is rejected on the same grounds of rejection set forth in claim 6.
Regarding Claim 17,
Claim 17 is rejected on the same grounds of rejection set forth in claim 7.
Regarding Claim 25,
Claim 25 is rejected on the same grounds of rejection set forth in claim 5.
Regarding Claim 26,
Claim 26 is rejected on the same grounds of rejection set forth in claim 6.
Response to Arguments
Applicant's arguments filed with respect to independent claims 1, 11, and 21 have been fully considered but they are not persuasive.
Here, Applicant argues that Lee does not teach on the amended limitations to independent claim 1. Since there are two amended limitations added, the first limitation is addressed here. Since the scope of independent claim 1 has changed, Lee reads on the limitation as claimed as above, since step 608 of Lee demonstrates the switching based on gap patterns, where, as noted above, the “instruction” occurs as a result of receiving first and/or second time gap configuration/patterns leading to the switch.
As for the second limitation, that portion of the argument is moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE P. SAMLUK whose telephone number is (571)270-5607. The examiner can normally be reached M-F 9-5.
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/JESSE P. SAMLUK/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411