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 .
This Office Action is in response to claim amendment filed on September 29, 2025 and wherein claims 1, 4, 6-7, 9-18 and 20 being currently amended.
In virtue of this communication, claims 1-20 are currently pending in this Office Action.
The Office appreciates the explanation of the amendment and analyses of the prior arts, and however, 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) and MPEP 2145.
Response to Arguments
Applicant’s arguments regarding the objection of Claim 1 (Remarks, page 8) have been fully considered and is persuasive. The objection of Claim 1 has been withdrawn.
With respect to the rejection of claims 13 and 16 under 35 USC §112(b), as set forth in the previous Office Action, the argument (Remarks, Pages 8-9) has been fully considered and the argument is persuasive. Therefore, the rejection of claims 13 and 16 under 35 USC § 112(b), as set forth in the previous Office Action, has been withdrawn.
With respect to the rejection of claims 1-3 and 5 under 35 USC §101, as set forth in the previous Office Action, the argument (Remarks, Pages 9-10) has been fully considered and the argument is persuasive. Therefore, the rejection of claims 1-3 and 5 under 35 USC § 101, as set forth in the previous Office Action, has been withdrawn.
Applicant's arguments regarding the rejection of independent Claim 9-16 under 35 USC §102 (a)(2) (Remarks, Pages 10-12) have been fully considered but they are not persuasive.
For claim 9, Applicant argue “in Li none of the conditions for calculating the sharing factor include both the SC SSB periodicity and CDP SSB periodicity in relation to an SMTC periodicity. In particular, Li does not disclose both the SC SSB periodicity and the CDP SSB periodicity being less than the SMTC periodicity, and the SC SSB periodicity and the CDP SSB periodicity not being equal. In fact, none of the conditions disclosed by Li involve a comparison between the SC SSB periodicity and the CDP SSB periodicity”. Examiner respectfully disagrees.
Claim 9 recite “a ratio of the first periodicity or the second periodicity to the third periodicity; and determine an intra-layer sharing factor for sharing SSB measurement opportunities between L1 measurements of the SC and L1 measurements of the NSC based on the ratio”. Claim 9 does not disclose the limitation of “calculating the sharing factor include both the SC SSB periodicity and CDP SSB periodicity in relation to an SMTC periodicity”. Claim 9 disclose the ratio can be “a ratio of the first periodicity or the second periodicity to the third periodicity”. Thus, it is properly calculating the sharing factor using CDP ratio, or SC ratio or combination. Li discloses using PCDP and PSC in calculating sharing factor P.sub.final, SC and P.sub.final, CDP, see formular [0008] and [0009] under paragraph [0032], Li further disclose PCDP is serving as the ratio of CDP period to SMTC period, see formular [0005], [0006] under paragraph [0030], and PSC is serving as the ratio of SC period to SMTC period, see formular [0001], [0002] under paragraph [0028].
Li disclose the SC SSB periodicity being less than the SMTC periodicity in paragraph [0028], “SSB is partially overlapped with SMTC occasion (T.sub.SSB<T.sub.SMTCperiod)”, and further disclose CDP SSB periodicity being less than the SMTC periodicity in paragraph [0030], “SSB of cell with different PCI is partially overlapped with SMTC occasion T.sub.SSB_CDP<T.sub.SMTCperiod)“.
Li teaches “the SC SSB periodicity and the CDP SSB periodicity not being equal” and “a comparison between the SC SSB periodicity and the CDP SSB periodicity” in paragraph [0032-0033], wherein calculating sharing factor under three conditions with
SC SSB periodicity> CDP SSB periodicity, SC SSB periodicity<CDP SSB periodicity,
and SC SSB periodicity = CDP SSB periodicity.
Applicant's arguments regarding the rejection of independent Claim 18 under 35 USC §102 (a)(2) (Remarks, Pages 13-14) have been fully considered but they are not persuasive.
Applicant argue Li fails to disclose or suggest "determining an intra-layer sharing factor based on: a weighting factor and the number of NSCs" as recited by amended claim 18. Examiner respectfully disagrees.
Claim 18 is considered to be Markush claim. Claim 18 recite “a weighting factor and the number of NSCs; or a ratio of an SSB periodicity to a periodicity …” See MPEP 803.02 and MPEP 2173.05. Therefore, examiner can select any one of alternatives for prior art rejection. Thus, “a weighting factor and the number of NSCs” is treated as alternative and is NOT selected for prior art rejection.
Applicant argue Li does not disclose or suggest "determining an intra-layer sharing factor based on: a ratio of an SSB periodicity to a periodicity of an SSB measurement timing configuration (SMTC), wherein the SSB periodicity is either a first periodicity of an SSB index configured for Layer 1 (L1) measurements of the SC or a second periodicity of an SSB index configured for L1 measurements of an NSC based on a relative relationship between the first periodicity and the second periodicity." as recited by amended claim 18. Examiner respectfully disagrees.
Li teaches “determining an intra-layer sharing factor … based on a relative relationship between the first periodicity and the second periodicity” in paragraph [0032-0033], wherein calculating sharing factor under three conditions with
SC SSB periodicity> CDP SSB periodicity, SC SSB periodicity<CDP SSB periodicity,
and SC SSB periodicity = CDP SSB periodicity.
Applicant's arguments regarding the rejection of independent Claim 1, under 35 USC §103 (Remarks, Pages 15-16) have been fully considered but they are not persuasive.
Applicant argue Li fails to disclose or suggest "a first periodicity of an SSB index configured for L1 measurements of the SC that is equal to a second periodicity of an SSB index configured for L1 measurements of an NSC and is less than a third periodicity of an SSB measurement timing configuration (SMTC)" as recited by amended claim 1. Examiner respectfully disagrees.
Li disclose calculating sharing factor when T.sub.SSB_CDP′=T.sub.SSB_SC′ in paragraph [0033], and disclose “ P.sub.final, SC=sharing factor of serving cell when L1-RSRP is performed on both serving cell and CDP” in paragraph [0023]. Further, Li disclose the SC SSB periodicity being less than the SMTC periodicity in paragraph [0028], “SSB is partially overlapped with SMTC occasion (T.sub.SSB<T.sub.SMTCperiod)”, and further disclose CDP SSB periodicity being less than the SMTC periodicity in paragraph [0030], “SSB of cell with different PCI is partially overlapped with SMTC occasion T.sub.SSB_CDP<T.sub.SMTCperiod)“.
Based on the aforementioned reasoning, therefore, the Applicant’s argument is not
persuasive. Further, the new ground(s) of rejection is necessitated by the applicant amendment. The Office has thoroughly reviewed Applicants' arguments but firmly believes that the cited references to reasonably and properly meet the claimed limitations.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 9-16,18 are rejected under 35 U.S.C.102(a)(2) as being anticipated by LI et al. (US 20240251366 A1, hereinafter LI).
Claim 9: LI teaches an apparatus comprising: radio-frequency (RF) interface circuitry (Fig. 3, element 318, 320,322); and processing circuitry (Fig. 3, element 312, 314,316) coupled with the RF interface circuitry, the processing circuitry to ([0085], “] A UE reception may be established by and via the antenna panels 326, RFFE 324, RF circuitry 322, receive circuitry 320, digital baseband circuitry 316, and protocol processing circuitry 314”,[0086], “A UE transmission may be established by and via the protocol processing circuitry 314, digital baseband circuitry 316, transmit circuitry 318, RF circuitry 322, RFFE 324, and antenna panels 326”):
receive, from a serving cell (SC) via the RF interface circuitry, information to configure synchronization signal and physical broadcast channel block (SSB)-based intra-frequency measurements with respect to a non-serving cell NSC ([0035], “ SSBs associated with a CDP (e.g., a non-serving cell) may be used for neighbor cell L1-RSRP measurement. The SSB configuration for a non-serving cell may be provided by a higher layer to the UE. The SSB configuration may be the same or different for a serving cell measurement and a non-serving cell measurement”, [0038], “for the intra-frequency case, the SSB configuration for the serving cell and the non-serving cell may be the same”, Fig. 6, elements 601, 602, 603, [0111], “a received transmission from a serving cell or another cell (CDP), wherein the CDP has a different physical cell identifier (PCI) than the serving cell; identifying, at 602 based on a factor related to a periodicity of a synchronization signal block (SSB) of the serving cell and a factor related to a first other periodicity… identifying, at 603 based on a factor related to a periodicity of a SSB of the CDP and a factor related to a second other periodicity”, CDP is as to NSC);
determine a measurement opportunity for performing at least one Layer 1 (L1) measurement ([0020] P.sub.SC=sharing factor of serving cell when L1-RSRP is only performed for serving cell [0021] P.sub.CDF=sharing factor of CDP when L1-RSRP is only performed for CDP [0022] P.sub.final, CDP=sharing factor of CDP when L1-RSRP is performed on both serving cell and cell with different PCI. [0023] P.sub.final, SC=sharing factor of serving cell when L1-RSRP is performed on both serving cell and CDP), wherein the measurement opportunity is based on: a first periodicity of an SSB index configured for L1 measurements of the SC is not equal to a second periodicity of an SSB index configured for L1 measurements of the NSC and both the first and second periodicities are less than a third periodicity of an SSB measurement timing configuration SMTC ([0027 - 0033], disclose to calculate sharing factor based on T.sub.SSB_SC, T.sub.SSB_CDP and T.sub.SMTCperiod under different conditions, which T.sub.SSB_SC as periodicity of SC, T.sub.SSB_CDP as periodicity of NSC, T.sub.SMTCperiod as periodicity of SMTC. Fig. 6, elements 602, 603, 604, [0028], “SSB is partially overlapped with SMTC occasion (T.sub.SSB<T.sub.SMTCperiod)”, paragraph [0030], “SSB of cell with different PCI is partially overlapped with SMTC occasion T.sub.SSB_CDP<T.sub.SMTCperiod)” paragraph [0032-0033], wherein calculating sharing factor under three conditions with
SC SSB periodicity> CDP SSB periodicity, SC SSB periodicity<CDP SSB periodicity,
and SC SSB periodicity = CDP SSB periodicity); a ratio of the first periodicity or the second periodicity to the third periodicity ([0028], formular [0001] and [0002], PSC is serving as the ratio of the first periodicity to the third periodicity. [0030], formular [0005] and [0006], PCDP is serving as the the ratio of the second periodicity to the third periodicity);
and an intra-layer sharing factor for sharing SSB measurement opportunities between L1 measurements of the SC and L1 measurements of the NSC based on the ratio ([0032], P.sub.final.SC and P.sub.final.CDP for the final sharing factor, which derived from P.sub.SC and P.sub.CDP and ratio. Fig.6, elements, 602, 603, 604, 605, [0119], “Example 5 may include the final scaling factor will be applied to the L1-RSRP measurement period
for serving cell and non-serving cell”. [0032-0033], wherein calculating sharing factor under three conditions with SC SSB periodicity> CDP SSB periodicity, SC SSB periodicity<CDP SSB periodicity and SC SSB periodicity = CDP SSB periodicity) and perform the at least one L1 measurement during the measurement opportunity (Fig. 6, elements 605, [0119], “Example 5 may include the final scaling factor will be applied to the L1-RSRP measurement period for serving cell and non-serving cell”).
Claim 10: LI teaches the apparatus of claim 9, wherein the information is to configure SSB-based intra-frequency measurements with respect to one NSC ([0038], “Similar to a layer-3 (L3) measurement, for the intra-frequency case, the SSB configuration for the serving cell and the non-serving cell may be the same”).
Claim 11: LI teaches The apparatus of claim 10, wherein the first periodicity is less than the second periodicity and the intra-layer sharing factor is equal to (1 - (T SSB,SC / TSMTC)) / (1 - (T SSB,SC /T_SSB,NSC), where T_SSB,SC is the first periodicity, TSSB,NSC is the second periodicity, and TSMTC is the third periodicity ([0029], 1/P.sub.SC for (1 - (T SSB,SC / TSMTC)) , [0032],
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, sharing factor P.sub.final,SC value when sub.SSB_SC′<T.sub.SSB_CDP′).
Claim 12: LI teaches The UE of claim 11, wherein the processing circuitry is further to: identify a plurality of available L1 SC measurement opportunities; select a subset of the plurality of available L1 SC measurement opportunities based on the intra-layer sharing factor; and perform the L1 measurements of the SC within the subset (Fig. 6, [0111], “the process may include or relate to a method to be performed by a UE, one or more elements of a UE … a received transmission from a serving cell or another cell (CDP), wherein the CDP has a different physical cell identifier (PCI) than the serving cell; identifying, at 602 based on a factor related to a periodicity of a synchronization signal block (SSB) of the serving cell and a factor related to a first other periodicity, a sharing factor related to the serving cell; identifying, at 603 based on a factor related to a periodicity of a SSB of the CDP and a factor related to a second other periodicity, a sharing factor related to the CDP; identifying, at 604 based on the sharing factor related to the serving cell and the sharing
factor related to the CDP, an updated sharing factor; and performing, at 605 based on the updated sharing factor, a measurement related to the transmission”).
Claim 13: LI teaches The apparatus of claim 12, wherein the intra-layer sharing factor is a first intra-layer sharing factor for SC (Fig. 6, element 602, wherein sharing factor related to the serving cell) and the processing circuitry is further to: identify a plurality of available L1 NSC measurement opportunities; select a subset of the plurality of available L1 NSC measurement opportunities based on a second intra-layer sharing factor for NSC (Fig. 6, element 603, wherein sharing factor related to the CDP); and perform the L1 measurements of the NSC within the subset the plurality of available L1 NSC measurement opportunities, wherein the second intra-layer sharing factor for NSC is equal to one (Fig. 6, element 604, 605, [0032-0033], disclose P.sub.final, CDP calculation based on the relationship between T.sub.SSB_SC′ and T.sub.SSB_CDP′, [0030], formular [00007], PCDP equal to 1 when TSSB_CDP equal to 0. ).
Claim 14: LI teaches The apparatus of claim 10, wherein the first periodicity is greater than the second periodicity and the intra-layer sharing factor is equal to (1 - (T SSB,NSC / TSMTC)) /(1 - (T SSB,NSC /7TSSB,SC), where T_SSB,SC is the first periodicity, TSSB,NSC is the second periodicity, and TSMTC is the third periodicity (0030], 1/P.sub.CDP for (1 - (T SSB,NSC / TSMTC)), [0032], sharing factor P.sub.final.CDP value when
T.sub.SSB_CDP<T.sub.SSB_SC′).
Claim 15: LI teaches The apparatus of claim 14, wherein the processing circuitry is further to:identify a plurality of available L1 NSC measurement opportunities;select a subset of the plurality of available L1 NSC measurement opportunities based on the intra-layer sharing factor; and perform the L1 measurements of the NSC within the subset (Fig. 6, [0111], “identifying, at 602 based on a factor related to a periodicity of a synchronization signal block (SSB) of the serving cell and a factor related to a first other periodicity, a sharing factor related to the serving cell; identifying, at 603 based on a factor related to a periodicity of a SSB of the CDP and a factor related to a second other periodicity, a sharing factor related to the CDP; identifying, at 604 based on the sharing factor related to the serving cell and the sharing factor related to the CDP, an updated sharing factor; and performing, at 605 based on the updated sharing factor, a measurement related to the transmission”).
Claim 16: LI teaches The apparatus of claim 15, wherein the intra-layer sharing factor is a first intra-layer sharing factor for NSC (Fig. 6, element 603, wherein sharing factor related to the CDP) and the processing circuitry is further to: identify a plurality of available L1 SC measurement opportunities; select a subset of the plurality of available L1 SC measurement opportunities based on a second intra-layer sharing factor for SC (Fig. 6, element 602, wherein sharing factor related to the serving cell); and perform the L1 measurements of the SC within the subset the plurality of available L1 NSC measurement opportunities, wherein the second intra-layer sharing factor for SC is equal to one (Fig. 6, element 604, 605, [0032-0033], disclose P.sub.final, SC calculation based on the relationship between T.sub.SSB_SC′ and T.sub.SSB_CDP′, [0028], formular [00001], PSC equal to 1 when TSSB equal to 0, ).
Claim 18: LI teaches A method comprising:
transmitting, to a user equipment (UE) in a serving cell (SC) provided by the base station, information to configure synchronization signal and physical broadcast channel block (SSB)-based intra-frequency measurements with respect to a number of non-serving cell (NSCs) ([0035], “SSBs associated with a CDP (e.g., a non-serving cell) may be used for neighbor cell L1-RSRP measurement. The SSB configuration for a non-serving cell may be provided by a higher layer to the UE. The SSB configuration may be the same or different for a serving cell measurement and a non-serving cell measurement”, [0038], “for the intra-frequency case, the SSB configuration for the serving cell and the non-serving cell may be the same”, Fig. 6, elements 601, 602, 603, [0111], “a received transmission from a serving cell or another cell (CDP), wherein the CDP has a different physical cell identifier (PCI) than the serving cell; identifying, at 602 based on a factor related to a periodicity of a synchronization signal block (SSB) of the serving cell and a factor related to a first other periodicity… identifying, at 603 based on a factor related to a periodicity of a SSB of the CDP and a factor related to a second other periodicity”, CDP is as to NSC);
determining an intra-layer sharing factor (Fig. 6, elements 602, 603, 604) based on: a weighting factor and the number of NSCs (alternative);
or a ratio of an SSB periodicity to a periodicity of an SSB measurement timing configuration (SMTC), wherein the SSB periodicity is either a first periodicity of an SSB index configured for Layer 1 (L1) measurements of the SC ([0028], formular [0001] and [0002], PSC is serving as the ratio of the first periodicity to the third periodicity. Fig. 6, elements 602, 604)
or a second periodicity of an SSB index configured for L1 measurements of an NSC ([0030], formular [0005] and [0006], PCDP is serving as the the ratio of the second periodicity to the third periodicity. Fig. 6, elements 603, 604)
based on a relative relationship between the first periodicity and the second periodicity (0032-0033], wherein calculating sharing factor under three conditions with
SC SSB periodicity> CDP SSB periodicity, SC SSB periodicity<CDP SSB periodicity,
and SC SSB periodicity = CDP SSB periodicity. Fig. 6, element 604);
and determining a L1 measurement period based on the intra-layer sharing factor ([0032-0033], wherein P.sub.final.SC and P.sub.final.CDP for the final sharing factor, which derived from P.sub.SC and P.sub.CDP and ratio, Fig. 6, element 605, [0119], “Example 5 may include the final scaling factor will be applied to the L1-RSRP measurement period for serving cell and non-serving cell”).
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claims 1- 2, 4, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 20240251366 A1, hereinafter LI) in view of Harada et al. (US 20210168745 A1, hereinafter Harada).
Claim 1: LI teaches One or more non-transitory, computer-readable media having instructions that, when executed by one or more processors (Fig. 3, elements 312, 314), cause a user equipment UE (Fig. 3, element 300, Fig. 4, [0008], “FIG. 4 is a block diagram illustrating components, according to some example embodiments, able to read instructions from a machine-readable or computer-readable medium (e.g., a non-transitory machine-readable storage medium) and perform any one or more of the methodologies discussed herein”) to:
receive, from a serving cell (SC), information to configure synchronization signal and physical broadcast channel block (SSB)-based intra-frequency measurements with respect to a number of non-serving cells (NSCs), wherein the number is one or more ([0035], “SSBs associated with a CDP (e.g., a non-serving cell) may be used for neighbor cell L1-RSRP measurement. The SSB configuration for a non-serving cell may be provided by a higher layer to the UE. The SSB configuration may be the same or different for a serving cell measurement and a non-serving cell measurement”, [0038], “for the intra-frequency case, the SSB configuration for the serving cell and the non-serving cell may be the same”, Fig. 6, elements 601, 602, 603, [0111], “a received transmission from a serving cell or another cell (CDP), wherein the CDP has a different physical cell identifier (PCI) than the serving cell; identifying, at 602 based on a factor related to a periodicity of a synchronization signal block (SSB) of the serving cell and a factor related to a first other periodicity… identifying, at 603 based on a factor related to a periodicity of a SSB of the CDP and a factor related to a second other periodicity”, CDP is as to NSC);
and determine a measurement opportunity for performing at least one Layer 1 (L1) measurement ([0020] P.sub.SC=sharing factor of serving cell when L1-RSRP is only performed for serving cell [0021] P.sub.CDF=sharing factor of CDP when L1-RSRP is only performed for CDP [0022] P.sub.final, CDP=sharing factor of CDP when L1-RSRP is performed on both serving cell and cell with different PCI. [0023] P.sub.final, SC=sharing factor of serving cell when L1-RSRP is performed on both serving cell and CDP), wherein the measurement opportunity is based on: a first periodicity of an SSB index configured for Layer 1 (L1) measurements ([0012], “Embodiments herein relate to scaling factor design method for L1-RSRP measurement for cells with different PCIs”) of the SC ([0017] T.sub.SSB is as to periodicity of SC) is equal to a second periodicity of an SSB index configured for L1 measurements of an NSC ([0019], T.sub.SSB_CDP is as to the periodicity of NSC) and is less than a third periodicity of an SSB measurement timing configuration SMTC ([0018],T.sub.SMTCperiod is as to the third periodicity. [0027 - 0033], disclose to calculate sharing factor based on T.sub.SSB_SC, T.sub.SSB_CDP and T.sub.SMTCperiod under different conditions, whichT.sub.SSB_SC as periodicity of SC, T.sub.SSB_CDP as periodicity of NSC, T.sub.SMTCperiod as periodicity of SMTC. Fig. 6, elements 602, 603, 604. Wherein calculating sharing factor under three conditions with SC SSB periodicity> CDP SSB periodicity, SC SSB periodicity<CDP SSB periodicity, and SC SSB periodicity = CDP SSB periodicity,[0030], “SSB of cell with different PCI is partially overlapped with SMTC occasion T.sub.SSB_CDP<T.sub.SMTCperiod)”, [0028], “SSB is partially overlapped with SMTC occasion (T.sub.SSB<T.sub.SMTCperiod)”); identify a weighting factor ([0028], calculate P.sub.SC when T.sub.SSB<T.sub.SMTCperiod, which P.sub.SC is interpreted as a weighting factor, [0030], calculate P.sub.CDP when T.sub.SSB_CDP<T.sub.SMTCperiod, which P.sub.CDP is interpreted as a weighting factor);
and determine an intra-layer sharing factor for sharing SSB measurement opportunities between L1 measurements of the SC and L1 measurements of the NSC based the weighting factor ([0012], “ the sharing factor between a serving cell and a cell with different physical cell identifiers (PCIs) for Layer 1 reference signal received power (L1-RSRP) measurement … Embodiments herein relate to scaling factor design method for L1-RSRP measurement for cells with different PCIs”, [0031-0033], disclose sharing factor P.sub.final, CDP, P.sub.final, SC derived based on weighting factor P.sub.SC and P.sub.CDP, Fig. 6, elements 602, 603, 604, [0119], “Example 5 may include the final scaling factor will be applied to the L1-RSRP measurement period for serving cell and non-serving cell”),
and perform the at least one L1 measurement during the measurement opportunity (Fig. 6, elements 605, [0119], “Example 5 may include the final scaling factor will be applied to the L1-RSRP measurement period for serving cell and non-serving cell”).
However, LI does not explicitly teach determining sharing factor based on the number.
Harada, from the same or similar field of endeavor, teaches determining sharing factor based on the number ([0063], “the UE and/or the base station may perform scaling, based on the number of carriers including overlapping SMTC windows … In the scaling, the delay requirement for each carrier may be defined by treating a specified carrier (that meets a condition) differently from the other carriers”).
LI and Harada are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the sharing factor determination method of LI with the features of determining the sharing factor base on the number as taught by Harada, for the benefit for providing a user terminal and a radio communication method that can appropriately perform intra-frequency measurement in each of the plurality of carriers (paragraph [0010]).
Claim 2: LI teaches the one or more non-transitory, computer-readable media of claim 1, wherein the number of NSCs is greater than one (Abstract, “the UE may identify a received transmission from a serving cell or another cell (CDP) that has a different physical cell identifier (PCI) than the serving cell. The UE may identify, based on a sharing factor related to the serving cell and a sharing factor related to the CDP, an updated sharing factor”).
Claim 4: Li teaches The one or more non-transitory, computer-readable media of claim 3, wherein the instructions, when executed, further cause the processing circuitry to: identify a plurality of available L1 SC measurement opportunities; select a subset of the plurality of available L1 SC measurement opportunities based on the intra-layer sharing factor; and perform the L1 measurements of the SC within the subset (Fig. 6, [0111], “identifying, at 602 based on a factor related to a periodicity of a synchronization signal block (SSB) of the serving cell and a factor related to a first other periodicity, a sharing factor related to the serving cell; identifying, at 603 based on a factor related to a periodicity of a SSB of the CDP and a factor related to a second other periodicity, a sharing factor related to the CDP; identifying, at 604 based on the sharing factor related to the serving cell and the sharing factor related to the CDP, an updated sharing factor; and performing, at 605 based on the updated sharing factor, a measurement related to the transmission”).
Claim 6: LI teaches the one or more non-transitory, computer-readable media of claim 5, wherein the instructions, when executed, further cause the processing circuitry to: identify a plurality of available L1 NSC measurement opportunities; select a subset of the plurality of available L1 NSC measurement opportunities based on the intra-layer sharing factor; andperform the L1 measurements of the NSC within the subset (Fig. 6, [0111], “identifying, at 602 based on a factor related to a periodicity of a synchronization signal block (SSB) of the serving cell and a factor related to a first other periodicity, a sharing factor related to the serving cell; identifying, at 603 based on a factor related to a periodicity of a SSB of the CDP and a factor related to a second other periodicity, a sharing factor related to the CDP; identifying, at 604 based on the sharing factor related to the serving cell and the sharing factor related to the CDP, an updated sharing factor; and performing, at 605 based on the updated sharing factor, a measurement related to the transmission”).
Claim 8: Harada teaches the one or more non-transitory, computer-readable media of claim 1, wherein the weighting factor is less than one to prioritize L1 measurements of the SC over L1 measurements of the NSC, the weighting factor is greater than one to prioritize L1 measurements of the NSC over L1 measurements of the SC ([0109], “ In derivation of α, β, and γ for the scaling factor for the other carriers, a weight larger than 1 … may be counted for one specified carrier”, [0110], “In derivation of α, β, and γ for the scaling factor for the specified carrier, 1 may be counted for one of the other carriers”), or the weighting factor is equal to one to provide an equal priority between the L1 measurements of the SC and the L1 measurements of the NSC.
The motivation regarding to the obviousness to claim 1 is also applied to claim 8.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 20240251366 A1, hereinafter LI) in view of Harada et al. (US 20210168745 A1, hereinafter Harada), and further in view of Shen et al. (US 20240214838 A1, hereinafter Shen).
Claim 7: The combination of LI and Harada does not explicitly teach the one or more non-transitory, computer-readable media of claim 3, wherein the instructions, when executed, further cause the processing circuitry to: determine an L1 measurement period as equal to: max(T report, ceil(M * P * N * PL1) * TSSB if the UE is operating without a discontinuous reception (DRX) configuration; max(T report, ceil(1.5*M * P * N * P_Li) * max(TDRX, TSSB) if the UE is operating with a DRX configuration that has a cycle length that is no more than 320 milliseconds; and ceil(1.5*M * P * N * PL) * T DRX if the UE is operating with a DRX configuration that has a cycle length that is more than 320 milliseconds, where P Li is the intra-layer sharing factor, T report is a configured periodicity for reporting, TSSB is the first or second periodicity, TDRX is a DRX cycle length, M is equal to 1 if a time restriction for channel measurement parameter is configured or is equal to 3 otherwise, P is an inter-layer sharing factor, and N is equal to 8; and perform the L1 measurements of the SC or L1 measurements of the NSC within the L1 measurement period.
However, Shen, from the same or similar field of endeavor, teaches the one or more non-transitory, computer-readable media of claim 3, wherein the instructions, when executed, further cause the processing circuitry to: determine an L1 measurement period as equal to:max(T report, ceil(M * P * N * PL1) * TSSB if the UE is operating without a discontinuous reception (DRX) configuration;
max(T report, ceil(1.5*M * P * N * P_Li) * max(TDRX, TSSB) if the processing circuitry is operating with a DRX configuration that has a cycle length that is no more than 320 milliseconds;
and ceil(1.5*M * P * N * PL) * T DRX if the UE is operating with a DRX configuration that has a cycle length that is more than 320 milliseconds, where P Li is the intra-layer sharing factor, T report is a configured periodicity for reporting, TSSB is the first or second periodicity, TDRX is a DRX cycle length, M is equal to 1 if a time restriction for channel measurement parameter is configured or is equal to 3 otherwise, P is an inter-layer sharing factor, and N is equal to 8; and perform the L1 measurements of the SC or L1 measurements of the NSC within the L1 measurement period ([0114-0118], TABLE 1, disclose the three calculation ).
LI and Shen are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine L1 measurement determination system of LI with the features of L1 measurement determination under DRX as taught by Shen, for the benefit for terminal to determine L1 measurement period based on DRX cycle (paragraph [0115-118]).
Claims 17, 20 are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 20240251366 A1, hereinafter LI) in view of Shen et al. (US 20240214838 A1, hereinafter Shen).
Claim 17: Shen teaches The apparatus of claim 11, wherein the processing circuitry is further to: determine a layer 1 (L1) measurement period as: max(T report, ceil(M * P * N * PL1) * TSSB if the UE is operating without discontinuous reception (DRX);max(T report, ceil(1.5*M * P * N * P_Li) * max(TDRX, TSSB) if the UE is operating with DRX that is no more than 320 milliseconds; and ceil(1.5*M * P * N * PL) * T DRX if the UE is operating with DRX that is more than 320 milliseconds, where P Li is the intra-layer sharing factor, T report is a configured periodicity for reporting, TSSB is the first or second periodicity, TDRX is a DRX cycle length, M is equal to 1 if a time restriction for channel measurement parameter is configured or is equal to 3 otherwise, P is an inter-layer sharing factor, and N is equal to 8; and perform the L1 measurements of the SC or L1 measurements of the NSC within the L1 measurement period ([0114-0118], TABLE 1, disclose the three calculation ).
LI and Shen are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine L1 measurement determination system of LI with the features of L1 measurement determination under DRX as taught by Shen, for the benefit for terminal to determine L1 measurement period based on DRX cycle (paragraph [0115-118]).
Claim 20 is analyzed and rejected based on claim 18 and claim 17.
Claims 19 are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 20240251366 A1, hereinafter LI) in view of Hong et al. (US 20250071639 A1, hereinafter Hong).
Claim 19: LI does not explicitly teach the method of claim 18, further comprising: determining a report corresponding to the L1 measurement period; and initiating a beam or link recovery or reconfiguration operation based on said determining the report is not received.
However, Hong, from the same or similar field of endeavor, teach the method of claim 18, further comprising: determining a report corresponding to the L1 measurement period is not received; and initiating a beam or link recovery or reconfiguration operation based on said determining the report is not received ([0103], “performing L1 measurement … target cell configuration information may include information such as the measurement period, the measurement target, the measurement reporting period, the measurement reporting resource, and the value related to the measurement reporting trigger condition”, [0206], “ TCI state activation/update/instruction using the reference signal (or associated with the reference signal) of the target cell/candidate cell/second TRP/cell associated with the second TRP configured for the LTM operation, the L1 measurement result associated with the reference signal, L1 measurement-based event/execution condition detection,
L1/CSI reporting, …, the timer for limiting/controlling the LTM operation time being operated (e.g., before the timer expires)”. TCI state activate/update/instruction associated with LTM operation timer, L1 measurement-based event, not receiving L1 measurement is similar as timer expiring).
LI and Hong are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine L1 measurement system of LI with the features of reconfiguration when the report is not received, as taught by Hong, for the benefit of allowing base station to perform LTM operation to the target cell based on the L1 measurement result (paragraph [0008]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONGHONG ZHAO whose telephone number is (571)272-4089. The examiner can normally be reached Monday -Friday 9:00 am - 5:00pm.
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/Y.Z./
Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472