Detailed Action
This office action is in response to communication/response filed 11/25/25.
Claims 1-8, 12-15, 18-25 are pending and presented for examination.
Claims 9-11, 16-17 are cancelled in the response filed.
Claims 21-25 are newly added claims in the response filed.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/25/25 has been entered.
Response to Arguments
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
In the response filed, applicant argues in substance that:
Claim 1 recites in part …wherein the measurement configuration group comprises a first measurement configuration sub-group, wherein the first measurement configuration sub-group indicates a first reference signal set, and wherein the first measurement configuration sub-group is a non-unicast upper layer signaling”. Fukuta discusses that an eNB transmits MBMS measurement configuration information…for example, an SIB…However, the SIB in Fukuta is not a measurement configuration sub-group bur rather is a measurement configuration group…So the SIB is not a measurement configuration sub-group but is the measurement configuration group [Remarks, pg. 8-9].
In response to argument [a], Examiner respectfully disagrees.
First, it should be noted that “during patent examination, the pending claims must be “given their broadest reasonable interpretation consistent with the specification.” >The Federal Circuit’s en banc decision in Phillips v. AWH Corp., 415 F.3d 1303, 75 USPQ2d 1321 (Fed. Cir. 2005) expressly recognized that the USPTO employs the “broadest reasonable interpretation” standard.
Although< claims of issued patents are interpreted in light of the specification, prosecution history, prior art and other claims, this is not the mode of claim interpretation to be applied during examination. During examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 USPQ2d 1827, 1834 (Fed. Cir. 2004) (The USPTO uses a different standard for construing claims than that used by district courts; during\ examination the USPTO must give claims their broadest reasonable interpretation >in light of the specification<.). This means that the words of the claim must be given their plain meaning unless **>the plain meaning is inconsistent with< the specification. In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) (discussed below); Chef America, Inc. v. Lamb-Weston, Inc., 358 F.3d 1371, 1372, 69 USPQ2d 1857 (Fed. Cir. 2004).
[T]he ordinary and customary meaning of a claim term is the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention, i.e., as of the effective filing date of the patent application. Phillips v. AWH Corp.,*>415 F.3d 1303, 1313<, 75 USPQ2d 1321>, 1326< (Fed. Cir. 2005) (en banc).
The ordinary and customary meaning of a term may be evidenced by a variety of sources, >including “the words of the claims themselves, the remainder of the specification, the prosecution history, and extrinsic evidence concerning relevant scientific principles, the meaning of technical terms, and the state of the art.”< Phillips v. AWH Corp., *>415 F.3d at 1314<, 75 USPQ2d **>at 1327.< If extrinsic reference sources, such as dictionaries, evidence more than one definition for the term, the intrinsic record must be consulted to identify which of the different possible definitions is most consistent with applicant’s use of the terms. Brookhill-Wilk 1, 334 F. 3d at 1300, 67 USPQ2d at 1137; see also Renishaw PLC v. Marposs Societa ' per Azioni, 158 F.3d 1243, 1250, 48 USPQ2d 1117, 1122 (Fed. Cir. 1998).
Secondly, applicant’s specification recites:
“[0892] In one embodiment, the first signaling comprises an SIB of a target cell of the first node U01”
[0916] …the first measurement configuration group comprises a first measurement configuration sub-group; the first measurement configuration sub-group indicates the first reference signal set; the first measurement configuration sub-group is a non-unicast upper later signaling
[0917] …No2d transmits the first measurement configuration sub-group through a broadcast way
[0928] ...the first reference signal set comprises CSI-RS signal transmitted by the node
[0929] …the first reference signal set comprises a reference signal
[0932] …the first measurement configuration sub-group comprises a time parameter D1…
Claim 3 …the first measurement configuration sub-group is a system information block (SIB)…
It should also be noted that “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).”
Independent claim 1 broadly recites:
“…receive a measurement configuration group, wherein the measurement configuration group comprises a first measurement configuration sub-group…indicates a first reference signal set…”
Dependent claim 3 broadly recites:
“…the UE of claim 1, wherein the first measurement configuration sub-group is a system information block (SIB)…”
The claim only recites one sub-group. Based on broadest reasonable interpretation, a group can comprise only one sub-group in which case the only sub-group is also interpreted as a group. The claim does not define “configuration sub-group” but merely recites that it indicates a first reference signal. The claim does not define “reference signal” as well. Furthermore, dependent claim 3 clearly recites that the sub-group is a SIB.
Therefore, the configuration sub-group can be any set or subset of configuration information to configure the measurements, for example: time parameter D1 in view of specification [0932], or it can be report type subgroup and it can be a SIB based on claim 3. The time parameter and type of report are all considered as first reference signals.
Fukuta teaches:
[0099] As illustrated in FIG. 8, in step S101, the eNB 200 transmits MBMS measurement configuration information by a broadcast signal. The broadcast signal is, for example, an SIB (System Information Block) that is a kind of system information. The broadcast signal may also be received by the UE 100 in the RRC idle state.
[0100] The MBMS measurement capable UE 100-1 receives the MBMS measurement configuration information. The MBMS measurement capable UE 100-1 that transmits a later-described executable notification stores the MBMS measurement configuration information. On the other hand, the MBMS measurement non-capable UE 100-2 does not receive the MBMS measurement configuration information or discards the MBMS measurement configuration information even if the MBMS measurement configuration information is received.
[0101] In the first embodiment, the MBMS measurement configuration information includes information to configure any of a periodic report type or an event report type as an MBMS report condition. If the MBMS report condition is the periodic report type, the MBMS measurement configuration information further includes a report interval indicating time interval of the report. If the MBMS report condition is the event report type, the MBMS measurement configuration information further includes a report reference value indicating a phenomenon that triggers the report.
[0102] In step S102, the MBMS measurement capable UE 100-1 that has received the MBMS measurement configuration information transmits, to the eNB 200, an executable notification (Indication) indicating that MBMS measurement is executable. The MBMS measurement capable UE 100-1 may transmit the executable notification to the eNB 200 only when the MBMS data is received. The MBMS measurement capable UE 100-1 that transmits the executable notification is in the RRC connected state.
[0103] In step S103, on the basis of the executable notification from the MBMS measurement capable UE 100-1, the eNB 200 selects the MBMS measurement capable UE 100-1 that is caused to perform the MBMS measurement, and records configuration information of the selected MBMS measurement capable UE 100-1.
[0104] In step S104, the eNB 200 transmits an MBMS measurement start notification (Measurement start) to the selected MBMS measurement capable UE 100-1. The MBMS measurement capable UE 100-1 that has received the MBMS measurement start notification starts MBMS measurement in accordance with the MBMS measurement configuration information at a timing of starting receiving the MBMS data or at a timing of having an interest in the reception of the MBMS data.
[0105] The MBMS measurement includes measurement of an MBMS reference signal received power, and measurement of an MBMS reference signal received quality. The MBMS reference signal is a reference signal for the MBMS provided separated from a cell-specific reference signal. The MBMS measurement may further include at least one of measurement of MBMS SINR and measurement of MBMS BLER. The MBMS SINR is an SINR (Signal-to-Interference plus Noise power Ratio) at the time of reception of the MBMS data. The MBMS BLER is a BLER (Block Error Rate) at the time of reception of the MBMS data.
More specifically, Fukuta teaches MBMS capable UE 100-1 receiving MBMS measurement configuration information which includes information to configure any of a periodic report type [subgroup 1] or an event report [subgroup 2] AND includes report interval indicating time interval of the report [reference signal]. If the report condition is the event report type, the MBMS measurement configuration information further includes a report reference value [reference signal] indicating a phenomenon that triggers the report.
Fukuta also teaches receiving SIB [System information block which is type of system information] in the broadcast signal.
As such, Fukuta does teach measurement configuration group comprising a first measurement configuration subgroup which indicates a first reference signal set.
Furthermore, the SIB of Fukuta does not “indicate” a first reference signal set…There is no disclosure of the SIB indicating a reference signal set in Fukuta…Fukuta does not disclose reference signal set and does not disclose that a first measurement configuration sub-group indicates a first reference signal set…Fukuta discusses the UE receiving the MBMS data delivered by multicast/broadcast from the eNB and performs the MBMS measurement and not a reference signal set [Remarks, pg. 9-10].
In response to argument [b], Examiner provides an updated claim mapping below to clarify the prior art application. However, applicant should note that in dependent claim 3, applicant claims the configuration sub-group is a SIB and applicant has not distinguished between SIB in claim 3 in this application and SIB of Fukuta prior art reference.
Furthermore, as explained in response to argument [a] above and based on broadest reasonable interpretation, Fukuta teaches MBMS capable UE 100-1 receiving MBMS measurement configuration information [i.e. group] which includes information to configure any of a periodic report type [subgroup 1] or an event report [subgroup 2] AND includes report interval indicating time interval of the report [reference signal]. If the report condition is the event report type, the MBMS measurement configuration information further includes a report reference value [reference signal] indicating a phenomenon that triggers the report.
As such, Fukuta teaches first measurement sub-group indicating a first reference signal set.
For the at least these reasons, rejection is maintained [Please see updated claim mappings and explanations below].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-8, 12-15, 18-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over FUKUTA et al. (hereinafter Fukuta, US 2016/0212595 A1) in view of ZHU et al. (ZHU, US 2021/0185566 A1).
As per claim 1, Fukuta discloses A user equipment (UE) (Fig. 2, [0048]) configured for wireless communications, comprising:
a receiver (fig. 2);
a transmitter (fig. 2); and
a processor (fig. 2), wherein:
the receiver is configured to receive a measurement configuration group (fig. 8 step #S101, [0099-0100]: receiving MBMS measurement configuration information), wherein, the measurement configuration group comprises a first measurement configuration sub-group ([0099-0101]: The MBMS measurement configuration information includes information to configure periodic report type, event report type, etc.), wherein the first measurement configuration sub-group indicates a first reference signal set ([0101-0105]: If the MBMS report condition is the periodic report type, the MBMS measurement configuration information further includes a report interval indicating the time interval and if the MBMS report condition is the event report type, the MBMS measurement configuration information further includes a report reference value indicating a phenomenon that triggers the report);
the receiver is further configured to receive a report configuration group (fig. 11 step #S303), wherein the report configuration group indicates a condition ([0032]: measurement configuration includes report condition), and wherein the report configuration group is a unicast upper layer signaling (fig. 11 step #S303: unicast MBMS measurement configuration); and
the receiver and the processor are configured to perform a first channel measurement on a first reference signal set ([Fig. 8 step #S106, [104-105]); and
the transmitter and the processor are configured to transmit, based on the condition being satisfied, a report information group (fig. 8 step #S106, [101, 107], fig. 11 step #S305), wherein the report information group comprises a result of the channel measurement (fig. 8 step S106, [105], fig. 11).
NOTE: Fukuta discloses that “each of the embodiments may be implemented not only alone but in combination of two or more embodiments [0218]”. This means that embodiment of fig. 8 and fig. 11 can be implemented in combination, in which case, the measurement configuration can be sent initially via broadcast to the UEs, selection of UEs is then performed, and then another measurement configuration [report configuration] with condition can be sent to the selected UE for implementation of the measurements.
However, Fukuta does not explicitly disclose wherein the first measurement configuration sub-group is a non-unicast upper layer signaling.
ZHU, from the same field of endeavor, teaches a wireless node receiving MBS measurement configuration information from the base station [fig. 9A: 910], wherein the MBS measurement configuration information comprises measurement configuration sub-group, wherein the measurement configuration subgroup is a non-unicast upper layer signaling ([fig. 11 step 1120: transmit to the UE configuration information including set of measurements related to MBS channel based on one or more reference signals associated with the MBS channel, i.e. non-unicast upper layer signaling, [0006, 0095-0097: measurement objects received]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fukuta in view of ZHU in order to receive measurement configuration information sub-group which is a non-unicast upper layer signaling.
One of ordinary skilled in the art would have been motivated because it would have enabled MBS measurements related to MBS channel in order to ensure continuity for MBS service [Zhu: 0007].
As per claim 2, Fukuta-Zhu discloses the UE of claim 1, wherein:
the receiver and the processor are further configured to perform a second channel measurement on a second reference signal set (Zhu [0095-0100]: the measurement configuration information sent to the UE includes first measurement object and second measurement objects, wherein the second measurement object is based on second type of reference signal transmission (e.g. SSBs, CSI-RS, TRS and the like);
wherein, the measurement configuration group comprises a second measurement configuration sub-group; the second measurement configuration sub-group indicates the second reference signal set; the second measurement configuration sub-group is a unicast upper layer signaling; and the report information group comprises a result of the second channel measurement (Zhu [0095-0101]: the measurement configuration information sent to the UE includes first measurement object and second measurement objects for unicast RRM, wherein the second measurement object is based on second type of reference signal transmission (e.g. SSBs, CSI-RS, TRS and the like). Same rationale as in claim 1 applies.
As per claim 3, Fukuta-Zhu discloses the UE of claim 1, wherein the first measurement configuration sub-group is a system information block (SIB) (Fukuta: [0099]: SIB); and the measurement configuration group and the report configuration group are encapsulated in different radio resource control (RRC) layer signaling ([0084], [0099], [0158]: the measurement configuration information may be included in configuration message of normal RRM measurements; ZHU [0095-0100]: the base station transmits MBS configuration to the UE over a MBCCH channel, a unicast signaling radio bearer, SIB, a radio resource control RRC message or the like).
As per claim 4, Fukuta discloses the UE of claim 1, wherein when the report information is transmitted, wherein the node is in an RRC inactive mode ([0040, 0124]: measurement is started only after transitioning to an idle state).
However, Fukuta does not teach transmitting the report information group in a physical uplink shared channel (PUSCH).
But, Fukuta in a different embodiment teaches using physical uplink shared channel to transmit user data ([0089]).
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of claimed invention to modify Fukuta in order to transmit the report information group using PUSCH channel.
One of ordinary skilled in the art would have been motivated because physical uplink shared channel (PUSCH) is commonly used for transmitting user data from the user terminal [Fukuma: [0089]).
As per claim 5, Fukuta discloses the UE of claim 1, wherein when the first measurement configuration sub-group is transmitted (fig. 8 step#s101), wherein the node is in an RRC inactive mode ([0040, 0124]: measurement is started only after transitioning to an idle state).
However, Fukuma does not teach first measurement configuration sub-group is transmitted through in a physical downlink shared channel (PDSCH).
But, Fukuma in a different embodiment teaches using physical downlink shared channel (PDSCH) for transmitting user data [0088].
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of claimed invention to modify Fukuma in order to transmit the first measurement sub-group information to the UE using PDSCH channel.
One of ordinary skilled in the art would have been motivated because physical downlink shared channel (PDSCH) is commonly used for transmitting user data to the user terminal [Fukuma: [0089]).
As per claim 6, Fukuta-Zhu discloses the UE of claim 3, wherein the node is in an RRC inactive mode (Fukuta: [0040]: MBMS measurement after transitioning to an idle/inactive state, [0050]; Zhu: [0085]: UE in an RRC idle or an RRC inactive mode obtains one or more measurements).
As per claim 7, Fukuta-Zhu discloses the UE of claim 1, wherein when the node performs the first channel measurement, the node is in an RRC inactive mode (Fukuta: [0040]: MBMS measurement after transitioning to an idle state, [0050]; Zhu: [0085]: UE in an RRC idle or an RRC inactive mode obtains one or more measurements).
As per claim 8, Fukuta-Zhu discloses the UE of claim 1, wherein the first measurement configuration sub-group comprises a time parameter, and the time parameter is used for controlling the first channel measurement (Fukuta: [0032], [101, 107]: timing corresponding to a report interval; Zhu: [0097, 0111] measurement window defining a time period in which the UE is to obtain the measurements).
As per claim 12, Fukuta-Zhu discloses the UE of claim 1, wherein the node is in different RRC modes when receiving the first measurement configuration sub-group and performing the first channel measurement on the first reference signal set (Fukuta: [189-193]: the UE is in RRC connected state when performing measurements, [0233], claim 2).
As per claim 13, Fukuta-Zhu discloses the UE of claim 2, wherein the node is in different RRC modes when receiving the second measurement configuration sub-group and performing a second channel measurement on the second reference signal set (ZHU: [0095-0097]: UE can be in RRC connected mode, RRC idle mode, RRC inactive mode, or the like when performing different measurements). Same rationale as in claim 1 applies.
As per claim 14, Fukuta-Zhu discloses the UE of claim 1, wherein the measurement configuration group comprises at least one measurement item, and the first measurement configuration sub-group indicates each reference signal in the first reference signal set and its corresponding cell identity (ZHU: [0095-0097]: measurement objects including first management object and second management objects along with its parameters including physical cell identity (PCI)). Same rationale as in claim 1 applies.
As per claim 15, Fukuta-Zhu discloses the UE of claim 1, wherein the receiver is further configured to receive a first time information, the first time information is used for determining the report information group, the measurement performed by the node within a latest time indicated by the first time information comprises the first channel measurement (Fukuta: [0032], [101, 107]: report interval received in configuration information is used to generate the report or measurement to send to the eNB. Based on the report interval, node performs measurement and sends it to the eNB; Zhu: [0097, 0111] measurement window defining a time period in which the UE is to obtain the measurements).
As per claim 18, Fukuta-Zhu discloses the UE of claim 1, wherein the first channel measurement comprises a reference signal received power (RSRP) measurement performed on the first reference signal set (Fukuta: [108]: measurement results includes at any of location information, cell id, RSRP, etc.).
As per claim 19, Fukuta-Zhu discloses the UE of claim 1, wherein the report information group comprises multiple report information sub-groups, and the multiple report information sub-groups respectively correspond to the multiple measurement configuration sub-groups (Fukuta: [0027, 0034, 0036, 0051]; Zhu: [0095-0097, 0100-0101]).
As per claim 23, Fukuta discloses the method of claim 20, further comprising receiving the first measurement configuration subgroup when the UE is in an RRC inactive mode ([0100-0101, 0124]: receiving MBMS config info).
However, Fukuta does not teach the receiving information in a physical uplink shared channel (PUSCH).
But, Fukuta in a different embodiment teaches using physical uplink shared channel to transmit/receive data ([0089]).
Therefore, it would have been obvious to a person of ordinary skilled in the art before the effective filing date of claimed invention to modify Fukuta in order to transmit/receive the configuration information group using PUSCH channel.
One of ordinary skilled in the art would have been motivated because physical uplink shared channel (PUSCH) is commonly used for transmitting/receiving data from/to the user terminal [Fukuma: [0089]).
As per claims 20-22 and 24-25, they do not teach or further define over the limitations in claims 1-8, 12-15, and 18-19. Therefore, claims 20-22 and 24-25 are rejected for the same reasons as set forth in claims 1-8, 12-15 and 18-19.
Additional References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung et al., US 9,094,881 B2: Measurement in Wireless Communication System[Fig. 8].
Huang et al., US 2020/0323024 A1: Multicast Service data in the unicast manner or multicast manner.
Kim et al., US 2005/0282569 A1: Notification of a Multimedia Broadcast/Multicast service while considering transmission mode.
EP 3536024B1: Measurement report triggering for groups of reference signals.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMAL B DIVECHA whose telephone number is 571-272-5863. The examiner can normally be reached IFP Normal Hours M-F: 6am-2pm EST.
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KAMAL B. DIVECHA
Primary Patent Examiner
Art Unit 2453
/KAMAL B DIVECHA/Supervisory Patent Examiner, Art Unit 2453