DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is in reply to Applicant’s Response dated 10/21/2025. Claims 1-3 and 8-10 were amended. Claims 1-5 and 8-12 are pending in the application.
Response to Arguments
The applicant argues as follows
“””that Li teaches, as seen in paragraph [0079], "a request for gap activation/deactivation via MAC CE," and either alone or as combined is silent as to an RRC message configured to or notifying the UE of information indicating that such a UL MAC CE- based request is permitted, i.e., an RRC-level flag for controlling whether the UE has transmission authority for UL MAC CE. In other words, Li teaches that the UE may quickly request activation/deactivation of a measurement gap, which is based on pre-configured measurement gap (MG) information and either alone or as combined fails to teach or suggest an RRC-level instruction information (e.g., one-bit flag) for controlling the UE's UL MAC CE transmission authority via an upper layer, in contrast with the amended claims.”””
“””that Li teaches making a request using either RRC or MAC CE, and either alone or as combined fails to teach or suggest any conditional procedure that first identifies whether the ability to request via UL MAC CE has been configured by RRC, and then triggers the first request via UL MAC CE when that precondition is met, in contrast with the UE identifying, through the RRC message, that a request via UL MAC CE is permitted, and conditionally triggering a first activation/deactivation request via UL MAC CE under that condition, as directed to in the amended claims.”””
“””that Zhang teaches that when the UE reports to the network whether a measurement gap is needed, the network may perform signaling to activate, deactivate, or release the already configured measurement gap, which either alone or as combined differs from the UE canceling the trigger of an unsent UL MAC CE request upon identifying, based on a DL command, that the relevant gap has already been activated or deactivated, as directed to in the claims, as the claimed cancellation is performed at the UE for a pending UL MAC CE transmission, not at the network for cancelling the actual measurement gap, as in Zhang “””
Examiner considers these arguments to be persuasive. New additional references are now used in teaching the claims.
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.
In 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 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 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Yerramalli et al, (U.S. PGPub 2025/0261153), Yerramalli hereinafter, in view of Yang et al. (U.S. PGPub 2022/0014955), Yang hereinafter and further in view of Li et al. (U.S. PGPub 2025/0031082), Li hereinafter.
Regarding Claims 1 and 8, Yerramalli teaches a method performed by a user equipment (UE) in a wireless communication system, the method comprising: (paragraph 0111 ... At 1104, the UE may receive, from the base station in response to the UE capability information, an MG request indication indicating one or more of the RRC signaling, the UCI, or the UL MAC-CE. ...)
receiving, from a base station, a radio resource control (RRC) message including at least one measurement gap configuration and information indicating whether the UE is configured to transmit a request for activation or deactivation of a measurement gap using an uplink (UL) medium access control (MAC) control element (CE); (paragraphs 0050, 0086, 0091 and 0110 to 0111 and fig. 11 - …[0050]… UEs are configured with the slot format (dynamically through DL control information (DCI), or semi-statically/statically through radio resource control (RRC) signaling) … [0086] … The network may also forward the requested AD to the UE 702. The base station 704 may accordingly configure MG pattern (MGP) 716 for the UE 702. … [0091] … The base station 804 may accordingly use an RRC-based MGP (e.g., an MGP transmitted via UCI) or a MAC-CE-based MGP (e.g., an MGP transmitted via MAC-CE) based on the MGP request capability 808. … ). In fig. 11 and paragraphs 0110 to 0111, the UE and base station exchanging request and response messages is to configure the UE to transmit a MG request using UL MAC-CE. - (... [0111] ... At 1104, the UE may receive, from the base station in response to the UE capability information, an MG request indication indicating one or more of the RRC signaling, the UCI, or the UL MAC-CE. ...)
Yet, Yerramalli does not expressly teach triggering a first request for activation or deactivation of a first measurement gap using the UL MAC CE; receiving a downlink (DL) command for activation or deactivation of the first measurement gap, canceling the triggered first request for the activation or deactivation of the first measurement gap; and triggering a second request for activation or deactivation of a second measurement gap.
However, in the analogous art, Yang explicitly discloses triggering a first request for activation or deactivation of a first measurement gap using the UL MAC CE; (paragraph 0067 - … According to aspects of the present disclosure, the UE 120 and/or the base station 110 may transmit a measurement gap configuration or a measurement gap release request via one or more messages, such as radio resource control (RRC) message, a medium access control-control element (MAC-CE) message, … )
receiving a downlink (DL) command for activation or deactivation of the first measurement gap, (paragraph 0074 - ... The second message may include a measurement gap configuration, a measurement gap reconfiguration, a selection from the measurement gap pool, and/or a measurement gap release. The second message may also request the UE 120 to suspend communication with the base station 110 during the configured measurement gap.)
canceling the triggered first request for the activation or deactivation of the first measurement gap; and (paragraph 0072 - ... In response to satisfying the measurement gap condition (at time t1), the UE 120 transmits a first message to the base station 110 (at time t2). The first message may be a radio resource control (RRC) message, a channel state information (CSI) message, or a medium access control-control element (MAC-CE) message. Additionally, the first message may include a measurement gap configuration, a measurement gap reconfiguration, a selection from a measurement gap pool, and/or a measurement gap release request. ...). The measurement gap release request is the cancellation of the triggered first UL MAC CE. The UE will complete the release with response from base station which happens at paragraph 0074.
triggering a second request for activation or deactivation of a second measurement gap (paragraph 0078 - As shown in FIG. 5, at time t5, the UE 120 transmits a third message to the base station 110. The third message may request a measurement gap release. The third message may be an RRC message (e.g., RRC reconfiguration complete message), a MAC-CE message, or a CSI message.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yerramalli’s Low latency Measurement Gap request handling for positioning to include Yang's measurement gap activation and release to achieve faster adaptation to radio environment thereby maximizing throughput.
Yet, Yerramalli in view of Yang does not expressly teach identifying that the UE is configured with the at least one measurement gap configuration and the request for the activation or deactivation of the measurement gap using the UL MAC CE based on the information, identifying that the triggered first request has already been activated or deactivated according to the DL command
However, in the analogous art, Li explicitly discloses identifying that the UE is configured with the at least one measurement gap configuration and the request for the activation or deactivation of the measurement gap using the UL MAC CE based on the information, (paragraph 0054 - … The terminal device 103 may request the RAN device 101 to activate/deactivate the measurement gap through the MAC CE. …)
identifying that the triggered first request has already been activated or deactivated according to the DL command (paragraph 0054 - … The RAN device 101 may also activate/deactivate the measurement gap for the terminal device 103 through the MAC CE. …)
"Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yerramalli’s Low latency Measurement Gap request handling for positioning to include Li's activation/deactivation of measurement gap through the MAC CEto achieve faster adaptation to radio environment thereby maximizing throughput.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yerramalli et al, (U.S. PGPub 2025/0261153), Yerramalli hereinafter, in view of Yang et al. (U.S. PGPub 2022/0014955), Yang hereinafter and further in view of Li et al. (U.S. PGPub 2025/0031082), Li hereinafter and further in view of Lee et al. (U.S. PGPub 2022/0078650), Lee2 hereinafter.
Regarding Claims 2 and 9, Yerramalli in view of Yang and further in view of Li teaches claims 1 and 8.
Yet, Yerramalli in view of Yang and further in view of Li does not expressly teach wherein cancelling the triggered first request is based on: a MAC reset; or an indication from an upper layer that the triggered first request should be cancelled.
However, in the analogous art, Lee2 explicitly discloses wherein cancelling the triggered first request is based on:
a MAC reset; or (Alternative)
an indication from an upper layer that the triggered first request should be cancelled (paragraphs 0233 and 0235 - [0233] ... If the UE has new UL data available for the logical channel indicated in the MG skip configuration, the UE may trigger the MG skip procedure. If all data for the logical channel which had triggered the MG skip procedure are transmitted, the UE may cancel the MG skip procedure. ...). The state of the buffer is an indication from upper layer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yerramalli’s Low latency Measurement Gap request handling for positioning to include Lee2's upper layer indication to achieve faster adaptation to radio environment thereby maximizing throughput.
Claims 3, 5, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yerramalli et al, (U.S. PGPub 2025/0261153), Yerramalli hereinafter, in view of Yang et al. (U.S. PGPub 2022/0014955), Yang hereinafter and further in view of Li et al. (U.S. PGPub 2025/0031082), Li hereinafter and further in view of Zheng et al. (U.S. PGPub 2022/0078650), Zheng hereinafter.
Regarding Claims 3 and 10, Yerramalli in view of Yang and further in view of Li teaches claims 1 and 8.
Yet, Yerramalli in view of Yang and further in view of Li does not expressly teach wherein cancelling the triggered first request is based on: a location measurement indication indicating not to perform location measurements or not to detect subframe and slot timing for an evolved-universal mobile telecommunications system terrestrial radio access (E-UTRA); and an identification that there is no activated measurement gap.
However, in the analogous art, Zheng explicitly discloses wherein cancelling the triggered first request is based on: a location measurement indication indicating not to perform location measurements or not to detect subframe and slot timing for an evolved-universal mobile telecommunications system terrestrial radio access (E-UTRA); and (paragraph 0233 - In operation S420, when the measurement gap requirement information indicates that the measurement gap is not required, the network device sends, to the terminal device, the MAC-CE that indicates to deactivate the configured measurement gap requirement information.)
an identification that there is no activated measurement gap (paragraph 0135 - If the measurement task does not require the measurement gap, the terminal device sends first measurement gap requirement information indicating that the measurement gap is not required to the network device, where the first measurement gap requirement ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yerramalli’s Low latency Measurement Gap request handling for positioning to include Zheng's deactivation of configured measurement gap to achieve faster adaptation to radio environment thereby maximising throughput.
Regarding Claims 5 and 12, Yerramalli in view of Yang and further in view of Li teaches claims 1 and 8.
Yet, Yerramalli in view of Yang and further in view of Li does not expressly teach wherein the at least one measurement gap configuration includes at least one of a measurement gap identifier (ID), information on a gap offset, information on a measurement gap length, information on a measurement gap repetition period, or information on a measurement gap timing advance.
However, in the analogous art, Zheng explicitly discloses 5.(Currently Amended) The method of claim 1,
wherein the at least one measurement gap configuration includes at least one of a measurement gap identifier (ID), information on a gap offset, information on a measurement gap length, information on a measurement gap repetition period, or information on a measurement gap timing advance (paragraph 0094 - For example, in NR, the measurement gap configuration (measGapConfig) may include a gap type, a gap offset (gapOffset), a gap length (MGL) (unit: millisecond (ms)), a gap repetition period (MGRP) (unit: ms), a gap timing advance (measurement gap timing advance, MGTA) (unit: ms), and the like.).
The motivation regarding to the obviousness of claim 3 is also applied to claim 5.
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yerramalli et al, (U.S. PGPub 2025/0261153), Yerramalli hereinafter, in view of Yang et al. (U.S. PGPub 2022/0014955), Yang hereinafter and further in view of Li et al. (U.S. PGPub 2025/0031082), Li hereinafter and further in view of Lee et al. (U.S. PGPub 2022/0078650), Lee1 hereinafter.
Regarding Claims 4 and 11, Yerramalli in view of Yang and further in view of Li teaches claims 1 and 8.
Yet, Yerramalli in view of Yang and further in view of Li does not expressly teach further comprising: transmitting, to the base station, UE assistance information,
wherein the at least one measurement gap configuration is based on the UE assistance information.
However, in the analogous art, Lee1 explicitly discloses further comprising: transmitting, to the base station, UE assistance information, (paragraphs 0075, 0153 and 0154 - At 1104, the UE receives an indication of a measurement gap priority, indicating whether the UE is to prioritize data traffic over a measurement gap procedure. At 1106, the UE and BS process data traffic (during configured measurement gaps) in accordance with the indicated measurement gap priority. In some cases, the indication may be provided via an RRC information element (IE), mgPriority, which can configure the priority between the normal data traffic and the measurement gaps (per measGapConfig or measObject). This mgPriority IE may indicate whether the UE is to prioritize data traffic over a measurement gap procedure (e.g., if mgPriority=1) or to prioritize the measurement gap procedure over data traffic (e.g., if mgPriority=0). In other words, if the mgPriority IE is set, the data traffic (PDSCH/PUSCH) of eCDRX active cycle may have a higher priority than the measurement gaps, and the UE is able to keep receiving data packets from (or transmitting data packets to) the gNB.). ECDRX is one of UE assistance information.
wherein the at least one measurement gap configuration is based on the UE assistance information information (paragraphs 0075, 0153 and 0154 - At 1104, the UE receives an indication of a measurement gap priority, indicating whether the UE is to prioritize data traffic over a measurement gap procedure. At 1106, the UE and BS process data traffic (during configured measurement gaps) in accordance with the indicated measurement gap priority. In some cases, the indication may be provided via an RRC information element (IE), mgPriority, which can configure the priority between the normal data traffic and the measurement gaps (per measGapConfig or measObject). This mgPriority IE may indicate whether the UE is to prioritize data traffic over a measurement gap procedure (e.g., if mgPriority=1) or to prioritize the measurement gap procedure over data traffic (e.g., if mgPriority=0). In other words, if the mgPriority IE is set, the data traffic (PDSCH/PUSCH) of eCDRX active cycle may have a higher priority than the measurement gaps, and the UE is able to keep receiving data packets from (or transmitting data packets to) the gNB. … [0153] Clause 12: The method of any one of clauses 10 through 11, wherein the DCI or MAC CE comprises a command for the UE to enter a connected discontinuous reception (CDRX) inactive state before a subsequent measurement gap. … [0154] Clause 13: The method of any one of clauses 1 through 12, wherein the signaling comprises downlink control information (DCI) with a cyclic redundancy check (CRC) scrambled with a power saving radio network temporary identifier (PS-RNTI) or another radio network temporary identifier (RNTI) indicating a bitmap that activates or inactivates one or more subsequent measurement gaps.). CDRX and ECDRX are example of UE assistance information.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yerramalli’s Low latency Measurement Gap request handling for positioning to include Lee1's Enhanced radio resource management (rrm) measurement gap procedure to achieve occasional activation of measurement gap.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.L.O./Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472