DETAILED ACTION
Applicant’s amendment and arguments filed January 9, 2026 is acknowledged.
Applicant’s amendment have overcome the previous rejection under 35 U.S.C. 112(b).
Claim 16 has been amended.
Claims 7, 11, 13, and 17-20 are cancelled.
Claims 1-6, 8-10, 12, 14-16, and 21-27 are currently pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 9, 2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 8-10, 12, 14, 15, 23, 24, 26, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over PU et al. (hereinafter Pu) (U.S. Patent Application Publication # 2024/0121635 A1) in view of Park et al. (hereinafter Park) (U.S. Patent Application Publication # 2025/0056344 A1).
Regarding claims 1 and 15, Pu teaches and discloses a method and an user equipment (terminal; figures 1 and 8) comprising: at least one processor (processor, figure 8); and at least one non-transitory memory (memory, figure 8) including computer program code, where the at least one non-transitory memory and the computer program code are configured, with the at least one processor (processor, figure 8), to cause the user equipment to at least:
sending, by a user equipment (terminal; figures 1 and 8), towards a network node (network device, figure 1) of a communication network (network, NW, figure 1) a gap request (first request; figures 2 and 3);
wherein the gap request (gap request; [0034]; [0035]) comprises user equipment information indicating at least one flag (bit; [0066]; [0067]) indicating that the user equipment can be configured to skip at least one gap occurrence ([0035]; [0044]; [0065]-[0067]; teaches the UE sending a gap request comprising second indication information for indicating to disable a gap via a bit indication in the second indication information of the gap request); and
in response to the gap request, receiving from the network node information (gap configuration information; figures 2 and 3) comprising one or more gap occurrences ([0045]-[0048]; [0127]-[0129]; teaches a UE sends first request for gap configuration or reconfiguration to a network device and then in response the network transmits to the gap configuration information comprising a gap occurrences/pattern); and
in response to the receiving, determining whether the user equipment is to skip at least one gap occurrence of the one or more gap occurrences based on whether at least one condition provided by the communication network is met ([0047]; [0064]; [0065]; [0067]; [0089]; teaches determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met),
wherein the at least one condition provided by the communication network being met is based on following: the user equipment has sent an event-triggered measurement report and expects to receive a mobility command like handover, the user equipment has detected beam failure and expects beam failure recovery command to switch its serving beam, and a presence of traffic with survival time requirements and active survival timer at one of the user equipment and network ([0047]; [0064]; [0065]; [0067]; [0070]; [0089]; [0104]; teaches determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, such as determining that conditions are met for condition handover).
However, Pu may not explicitly disclose wherein the user equipment comprises more than one universal subscriber identity module, wherein a first universal subscriber identity module of the user equipment is in a connected radio resource control mode with the network node corresponding to a first universal subscriber identity module and a second universal subscriber identity module in an idle or inactive radio resource control mode with a network node corresponding to a second universal subscriber identity module, wherein based on at least one condition provided by communication network being met, the at least one gap occurrence is skipped and the first universal subscriber identity module of the user equipment remains in the connected radio resource control mode with the network node corresponding to a first universal subscriber identity module and second universal subscriber identity module of the user equipment remains in the idle or inactive radio resource control mode with a network node corresponding to a second universal subscriber identity module (although Pu does teach and suggest a dual connectivity state of the terminal and the gap described in this embodiment may be a multiple subscriber identity module (Multi-SIM) gap; [0034]; [0035])
Nonetheless, in the same field of endeavor, Park further teaches and suggests wherein the user equipment comprises more than one universal subscriber identity module (figure 1; [0046]; [0047]; teaches UE comprises more than one U-SIM), wherein a first universal subscriber identity module of the user equipment (USIM-A (NW-1), figure 1) is in a connected radio resource control mode (RRC_CONNECTED) with the network node (gNB-1, figure 1) corresponding to a first universal subscriber identity module (USIM-A (NW-1), figure 1) and a second universal subscriber identity module (USIM-B (NW-2), figure 1) in an idle or inactive radio resource control mode (RRC_IDLE) with a network node (gNB-2, figure 1) corresponding to a second universal subscriber identity module (USIM-B (NW-2), figure 1) ([0065]; [0107]; [0108]; teaches the UE comprises a first USIM in an RRC_CONNECTED state connected with network node, gNB-1, and a second USIM in an RRC_IDLE state connected with network node, gNB-2; figure 1),
wherein based on at least one condition provided by communication network being met, the at least one gap occurrence is skipped and the first universal subscriber identity module (USIM-A (NW-1), figure 1) of the user equipment remains in the connected radio resource control mode (RRC_CONNECTED) with the network node corresponding to a first universal subscriber identity module and second universal subscriber identity module (USIM-B (NW-2), figure 1) of the user equipment remains in the idle or inactive radio resource control mode with a network node corresponding to a second universal subscriber identity module ([0065]; [0082]; [0107]; [0108]; teaches the UE comprises a first USIM that remains in an RRC_CONNECTED state connected with network node, gNB-1, and a second USIM that remains in an RRC_IDLE state connected with network node, gNB-2, during the suspension of a gap occurrence; figure 1).
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 incorporate UE comprises a first USIM that remains in an RRC_CONNECTED state connected with network node, gNB-1, and a second USIM that remains in an RRC_IDLE state connected with network node, gNB-2, during the suspension of a gap occurrence as taught by Park with the method for gap configuration as disclosed by Pu for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 8, Pu discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein measurement report events and beam-failure reporting events which apply are determined via signaling from the network node.
Nonetheless, in the same field of endeavor, Park further teaches and discloses wherein measurement report events and beam-failure reporting events which apply are determined via signaling from the network node ([0011]; teaches measurement reporting and beam failure detection based on signaling).
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 incorporate measurement reporting and beam failure detection based on signaling as taught by Park with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 9, Pu discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein based on the measurement report events and beam-failure reporting events, the user equipment can avoid or delay requests for the aperiodic gap occurrences.
Nonetheless, in the same field of endeavor, Park further teaches and discloses wherein based on the measurement report events and beam-failure reporting events, the user equipment can avoid or delay requests for the aperiodic gap occurrences ([0011]; [0050]; [0052]; teaches the UE can delay requests for A-periodic Gap).
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 incorporate the UE can delay requests for A-periodic Gap as taught by Park with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 10, Pu, as modified by Park, further teaches and suggests wherein the at least one condition is indicated in the user equipment information to the network node ([0047]; [0064]; [0065]; [0067]; [0089]; teaches determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met).
Regarding claim 12, Pu discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein a the user equipment is further configured to send a UEAssistancelnformation message with the first subscriber identity module to request to the network node one or more gap patterns to allow the second user identity module to perform activities towards the network node, wherein the activities include paging monitoring and measurements and the message includes gap information that includes gap length, gap periodicity, gap location a flag that indicates to the network node that, in the requested gap, some occurrences may be ignored or cancelled if certain conditions are met, wherein the certain conditions include critical procedures that the first subscriber identity module needs to perform.
Nonetheless, in the same field of endeavor, Park further teaches and discloses wherein a the user equipment is further configured to send a UEAssistancelnformation message (UEAssistanceInformation; [0049]) with the first subscriber identity module to request to the network node one or more gap patterns to allow the second user identity module to perform activities towards the network node, wherein the activities include paging monitoring and measurements and the message includes gap information that includes gap length, gap periodicity, gap location a flag that indicates to the network node that, in the requested gap, some occurrences may be ignored or cancelled if certain conditions are met, wherein the certain conditions include critical procedures that the first subscriber identity module needs to perform (figure 1; [0049]; “…the UE may accomplish a request for one or more gaps by sending gNB-1_NW-1 a Gap Configuration Assistance Information Message via an IE (e.g., a new IE called switchGapConfig). The transmission of the switchGapConfig IE to gNB-1_NW-1 may be provided by UL-DCCH-Message::UEAssistanceInformation. In some implementations, the format of switchGapConfig may be derived from an existing IE (e.g., the measGapConfig IE, as described in Technical Specification (TS) 38.331), such as by employing various parameters sufficient to identify and request one or more time intervals or periods during which UL and DL time and frequency resources for the UE are not to be scheduled by a gNB (e.g., gNB-1_NW-1, for the purpose of paging, receiving system information, and so on with gNB-n_NW-2)…”; teaches the UE comprises a first USIM-A and a second USIM-B more than one USIM).
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 incorporate a first USIM-A and a second USIM-B more than one USIM as taught by Park with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 14, Pu discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein the at least one gap occurrence comprises periodic and aperiodic gap occurrences.
Nonetheless, in the same field of endeavor, Park further teaches and discloses wherein the at least one gap occurrence comprises periodic and aperiodic gap occurrences ([0050]; [0052]; teaches the gap occurrence can be a Periodic Gap and A-periodic Gap).
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 incorporate the gap occurrence can be a Periodic Gap and A-periodic Gap as taught by Park with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 23, Pu discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein for measurement reports and beam-failure reporting events the user equipment avoids or delays requesting aperiodic gaps, and the user equipment applies this behavior to the events indicated by the network via signalling.
Nonetheless, in the same field of endeavor, Park further teaches and discloses wherein for measurement reports and beam-failure reporting events the user equipment avoids or delays requesting aperiodic gaps, and the user equipment applies this behavior to the events indicated by the network via signalling ([0011]; [0050]; [0052]; teaches the UE can delay requests for A-periodic Gap).
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 incorporate the gap occurrence can be a Periodic Gap and A-periodic Gap as taught by Park with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 24, Pu, as modified by Park, further teaches and suggests wherein the user equipment indicates, in UE Assistancelnformation, the flag and at least one condition, the user equipment processes a radio resource control reconfiguration message (RRC message) that provides the configuration along with conditions under which one or more gap occurrences may be cancelled or skipped, and the user equipment treats a predefined condition as enabled upon receiving an acknowledgement of the UEAssistanceInformation in the radio resource control reconfiguration message ([0035]; [0044]; [0065]-[0067]; teaches the UE sending a gap request comprising second indication information for indicating to disable a gap via a bit indication in the second indication information of the gap request).
Regarding claim 26, Pu, as modified by Park, further teaches and suggests wherein the determining to cancel or skip applies to periodic gap occurrences as provided in a radio resource control reconfiguration message ([0035]; [0044]; [0057]; [0065]-[0067]; [0073]; teaches determining to disable a gap via a bit indication in the second indication information of the RRC message applies to a periodic gap occurrence).
Regarding claim 27, Pu, as modified by Park, further teaches and suggests wherein UEAssistanceInformation includes the flag that indicates to the network that in the requested gap some occurrences may be ignored or cancelled if certain conditions are met ([0047]; [0064]; [0065]; [0067]; [0070]; [0089]; [0104]; teaches determining to disable or cancel a gap occurrence based on a bit indication and whether a gap requirement or predefined condition is met, such as determining that conditions are met for condition handover).
Claims 2-6, 21, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over PU et al. (hereinafter Pu) (U.S. Patent Application Publication # 2024/0121635 A1) in view of Park et al. (hereinafter Park) (U.S. Patent Application Publication # 2025/0056344 A1), and further in view of Yang et al. (hereinafter Yang) (U.S. Patent # 12,294,881 B2).
Regarding claim 2, Pu, as modified by Park, discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose based on the one condition provided by the communication network being met, start a timer; and based on determining the at least one condition has been met before the timer expires, skip at least one gap occurrence of the one or more gap occurrences.
Nonetheless, in the same field of endeavor, Yang teaches and suggests based on the one condition provided by the communication network being met, start a timer; and based on determining the at least one condition has been met before the timer expires, skip at least one gap occurrence of the one or more gap occurrences (column 10, lines 33-41 and 59-63; column 11, lines 34-48; teaches a timer value for determining a condition is met when the timer expires related to releasing the gap).
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 incorporate a timer value for determining a condition is met when the timer expires related to releasing the gap as taught by Yang with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving spectral efficiency and lowering costs, as suggested by Yang.
Regarding claim 3, Pu, as modified by Park, discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose receive a radio resource control reconfiguration message from the network node of the communication network, wherein the timer is started based on the radio resource control reconfiguration message from the network node.
Nonetheless, in the same field of endeavor, Yang teaches and suggests receive a radio resource control reconfiguration message (RRC message) from the network node of the communication network, wherein the timer is started based on the radio resource control reconfiguration message from the network node (column 10, lines 33-41 and 59-63; column 11, lines 34-48; teaches a timer value via an RRC message from the base station for determining a condition is met when the timer expires related to releasing the gap).
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 incorporate a timer value via an RRC message from the base station for determining a condition is met when the timer expires related to releasing the gap as taught by Yang with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving spectral efficiency and lowering costs, as suggested by Yang.
Regarding claim 4, Pu discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein the radio resource control reconfiguration message is comprising configuration of the condition at which at least one occurrence of one or more configured gap can be cancelled or enabling predefined condition at which at least one occurrence of a one or more configured gap can be cancelled.
Nonetheless, in the same field of endeavor, Park further teaches and discloses wherein the radio resource control reconfiguration message (RRC reconfiguration message) is comprising configuration of the condition at which at least one occurrence of one or more configured gap can be cancelled or enabling predefined condition at which at least one occurrence of a one or more configured gap can be cancelled ([0077]; [0087]; [0088]; [0106]; teaches determining a condition is met to suspending switching gaps)
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 incorporate determining a condition is met to suspending switching gaps as taught by Park with the method for gap configuration as disclosed by Pu, as modified by Park and Yang, for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 5, Pu discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein the at least condition is configured with the radio resource control reconfiguration message received from the communication network node.
Nonetheless, in the same field of endeavor, Park further teaches and discloses wherein the at least condition is configured with the radio resource control reconfiguration message (RRC reconfiguration message) received from the communication network node (gNB, figure 1) ([0052]; [0115]; [0116]; teaches the RRC reconfiguration message is received from the gNB).
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 incorporate the RRC reconfiguration message is received from the gNB as taught by Park with the method for gap configuration as disclosed by Pu, as modified by Park and Yang, for the purpose of improving power and resource efficient operation of MUSIM UE when a failure occurs, as suggested by Park.
Regarding claim 6, Pu, as modified by Park and Yang, further teaches and suggests wherein the at least one condition is predefined and the radio resource control reconfiguration message received from the communication network node acknowledge the receipt of the at least one flag indicating that the user equipment can be configured to skip at least one gap occurrence ([0035]; [0044]; [0065]-[0067]; teaches the UE sending a gap request comprising second indication information for indicating to disable a gap via a bit indication in the second indication information of the gap request).
Regarding claim 21, Pu, as modified by Park, discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein the user equipment evaluates at every gap occurrence whether at least one condition is met and, when met, cancels the gap occurrence, skipping being for a single occurrence or continuing until the critical procedure is completed or until a timer expires.
Nonetheless, in the same field of endeavor, Yang teaches and suggests wherein the user equipment evaluates at every gap occurrence whether at least one condition is met and, when met, cancels the gap occurrence, skipping being for a single occurrence or continuing until the critical procedure is completed or until a timer expires (column 10, lines 33-41 and 59-63; column 11, lines 34-48; teaches a timer value for determining a condition is met when the timer expires related to releasing the gap).
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 incorporate a timer value for determining a condition is met when the timer expires related to releasing the gap as taught by Yang with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving spectral efficiency and lowering costs, as suggested by Yang.
Regarding claim 22, Pu, as modified by Park, discloses requesting gap configuration for gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, but may not explicitly disclose wherein, responsive to receiving a radio resource control reconfiguration message that includes a timer, the user equipment starts the timer, the timer specifies a maximum allowed time the configured gap occurrences may be skipped, the user equipment skips a configured gap occurrence only while at least one condition is met and before the timer expires, and when at least one condition is not met or when the timer expires the user equipment reverts back to using the agreed gap configuration.
Nonetheless, in the same field of endeavor, Yang teaches and suggests wherein, responsive to receiving a radio resource control reconfiguration message that includes a timer, the user equipment starts the timer, the timer specifies a maximum allowed time the configured gap occurrences may be skipped, the user equipment skips a configured gap occurrence only while at least one condition is met and before the timer expires, and when at least one condition is not met or when the timer expires the user equipment reverts back to using the agreed gap configuration (column 10, lines 33-41 and 59-63; column 11, lines 34-48; teaches a timer value for determining a condition is met when the timer expires related to releasing the gap).
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 incorporate a timer value for determining a condition is met when the timer expires related to releasing the gap as taught by Yang with the method for gap configuration as disclosed by Pu, as modified by Park, for the purpose of improving spectral efficiency and lowering costs, as suggested by Yang.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over PU et al. (hereinafter Pu) (U.S. Patent Application Publication # 2024/0121635 A1) in view of Yang et al. (hereinafter Yang) (U.S. Patent # 12,294,881 B2).
Regarding claim 16, Pu teaches and discloses an network node (network device, figures 1 and 9) comprising: at least one processor (processor, figure 9); and at least one non-transitory memory (memory, figure 9) including computer program code, where the at least one non-transitory memory and the computer program code are configured, with the at least one processor, to cause the network node to at least:
receive from a user equipment (terminal; figures 1 and 8) of a communication network (network, figure 1) a gap request (first request; figures 2 and 3) wherein the gap request comprises user equipment information indicating at least one flag (bit; [0066]; [0067]) indicating that the user equipment can be configured to skip at least one gap occurrence ([0035]; [0044]; [0065]-[0067]; teaches the UE sending a gap request comprising second indication information for indicating to disable a gap via a bit indication in the second indication information of the gap request); and
in response to the gap request (gap request; [0034]; [0035]), send by the network node information comprising a gap configuration (gap configuration information; figures 2 and 3) indicating one or more gap occurrences along with conditions for determining whether the network node and the user equipment should be configured to skip at least one gap occurrence of the one or more gap occurrences based on whether at least one condition provided by the communication network is met ([0045]-[0048]; [0064]; [0065]; [0067]; [0089]; [0127]-[0129]; teaches a UE sends first request for gap configuration or reconfiguration to a network device and then in response the network transmits to the gap configuration information comprising a gap occurrences/pattern and determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met),
sending a radio resource control reconfiguration message (RRC message) towards the user equipment of the communication network ([0045]-[0048]; [0127]-[0129]; teaches a UE sends first request for gap configuration or reconfiguration to a network device and then in response the network transmits to the gap configuration information comprising a gap occurrences/pattern),
wherein the at least one condition provided by the communication network being met is based on following: the user equipment has sent an event-triggered measurement report and expects to receive a mobility command like handover, the user equipment has detected beam failure and expects beam failure recovery command to switch its serving beam, and a presence of traffic with survival time requirements and active survival timer at one of the user equipment and network ([0047]; [0064]; [0065]; [0067]; [0070]; [0089]; [0104]; teaches determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, such as determining that conditions are met for condition handover); wherein the radio resource control reconfiguration message (RRC message) is comprising configuration of at least one condition at which at least one occurrence of one or more configured gap can be cancelled or enabling specified conditions of the at least one of a predefined condition at which at least one occurrence of a one or more configured gap can be cancelled ([0047]; [0064]; [0065]; [0067]; [0070]; [0089]; [0104]; teaches determining to disable or cancel a gap occurrence based on whether a gap requirement or predefined condition is met, such as determining that conditions are met for condition handover).
However, Pu may not explicitly disclose wherein the radio resource control reconfiguration message causes a timer to be started by the network node based on the least one condition provided by the communication network being met; and wherein the radio resource control reconfiguration message causes the network node to: based on determining the at least one condition has been met before the timer expires, skip at least one gap occurrence of the one or more gap occurrences.
Nonetheless, in the same field of endeavor, Yang teaches and suggests wherein the radio resource control reconfiguration message causes a timer to be started by the network node based on the least one condition provided by the communication network being met and wherein the radio resource control reconfiguration message causes the network node to: based on determining the at least one condition has been met before the timer expires, skip at least one gap occurrence of the one or more gap occurrences (column 10, lines 33-41 and 59-63; column 11, lines 34-48; teaches a timer value for determining a condition is met when the timer expires related to releasing the gap).
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 incorporate a timer value for determining a condition is met when the timer expires related to releasing the gap as taught by Yang with the method for gap configuration as disclosed by Pu for the purpose of improving spectral efficiency and lowering costs, as suggested by Yang.
Response to Arguments
Applicant's arguments with respect to claims 1-6, 8-10, 12, 14-16, and 21-27 have been considered but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUK JIN KANG whose telephone number is (571) 270-1771. The examiner can normally be reached on Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached on (571) 272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is (571) 272-2600.
/Suk Jin Kang/
Examiner, Art Unit 2477
March 6, 2026