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 is in response to an amendment/response filed on 7/8/2026.
Claims 10, 15, and 21-22 have been amended.
Claims 13 and 24 have been cancelled. Claims 1-9, 12, and 16 were cancelled previously.
No new claims have been added.
Claims 10-11, 14-15, 17-23, and 25-29 remain pending in the application.
Response to Arguments
Applicant's arguments filed 7/8/2026 have been fully considered but they are not persuasive. Regarding claims 10 and 22, Applicant argues that Tang and Manolakos do not teach “wherein the control information is included in at least one of a i) UCI (Uplink Control Information) that is physical control information included in PUCCH (Physcial Uplink Control Channel) or PUSCH (Physical Uplink Shared Channel), ii) MAC-CE (MAC Control Element), or iii) SR (Scheduling Request).” Applicant asserts that the measurement report in Tang is a conventional Layer 3 (L3) measurement report transmitted via RRC (Radio Resource Control) signaling, which is fundamentally different from the argued claim language. Applicant points to language in paragraph [0108] of Tang which states “a neighboring cell measurement result finally obtained by the terminal may be obtained after layer 3 (L3) filtering.” The Examiner respectfully disagrees with Applicant’s interpretation of the prior art. Tang teaches that the terminal may measure a neighboring cell according to a measurement configuration (Tang; Figs. 8-12; [0086], [0101]-[0103]). Such measurement is described as potentially including measuring reference signal received power (RSRP), reference signal received quality (RSRQ), and a signal to interference plus noise ratio (SINR) of the neighboring cell (Tang; Figs. 8-12; [0086], [0101]-[0103]). Measurement of at least RSRP, RSRQ, and/or SINR of a neighboring cell may be interpreted as physical control information. Such control information transmitted in the uplink direction may also be interpreted as uplink control information. Tang thus teaches wherein the control information is included in at least one of a i) UCI (Uplink Control Information) that is physical control information, ii) MAC-CE (MAC Control Element), or iii) SR (Scheduling Request). Manolakos teaches that the Physical Uplink Control Channel (PUCCH) is used to communicate Uplink Control Information (UCI) (Manolakos; [0058]). Manolakos thus teaches the uplink control information is included in PUCCH (Physcial Uplink Control Channel) or PUSCH (Physical Uplink Shared Channel). Tang and Manolakos thus teach the argued claim language “wherein the control information is included in at least one of a i) UCI (Uplink Control Information) that is physical control information included in PUCCH (Physcial Uplink Control Channel) or PUSCH (Physical Uplink Shared Channel), ii) MAC-CE (MAC Control Element), or iii) SR (Scheduling Request).” With regard to Applicant’s argument that the measurement report in Tang is a conventional Layer 3 (L3) measurement report transmitted via RRC (Radio Resource Control) signaling, the Examiner would like to note that the cited portions of Tang do not appear to contain any requirement that the measurement report be restricted to layer 3. The Examiner would also like to note that the cited portions of Tang pertaining to at least Fig. 8 do not mention Radio Resource Control (RRC) signaling (Tang; Figs. 8-12; [0086], [0101]-[0103]). RRC is only mentioned with regard to Fig. 1 of Tang in paragraph [0056] (Tang; Fig. 1; [0056]). With regard to the language “a neighboring cell measurement result finally obtained by the terminal may be obtained after layer 3 (L3) filtering” from paragraph [0108] of Tang, the Examiner would like to note that such language is “may” language that also allows for obtaining a neighboring measurement result before layer 3 filtering. Furthermore, any performance of layer 3 filtering does not prevent Tang and Manolakos from teaching the argued claim language as is discussed in the above paragraph. Regarding claims 10 and 22, Applicant argues that reporting measurement information in UCI, MAC-CE, or SR is much faster than Tang’s method, as RRC messages incur higher communication delays than UCI, MAC-CE, or SR. Applicant further argues that the claimed measurement is of a physical layer or a medium access control layer, which is different from Tang’s RRC-level measurements. The Examiner respectfully disagrees with Applicant’s interpretation of the prior art. The Examiner would like to note that Tang does not contain any language stating that the measurement reporting in at least Fig. 8 is slower than other methods of measurement reporting. The Examiner is also unable to locate any language in Applicant’s specification stating that the measurement reporting as is claimed is faster than the measurement reporting taught by Tang and Manolakos. Tang teaches that measurements may include measurement of reference signal received power (RSRP), reference signal received quality (RSRQ), and a signal to interference plus noise ratio (SINR) of the neighboring cell (Tang; Figs. 8-12; [0086], [0101]-[0103]). Measurement of at least RSRP, RSRQ, and/or SINR of a neighboring cell may be interpreted as physical control information.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 10-11, 14-15, 17-23, and 25-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (US 2020/0187033, Tang hereinafter) in view of Manolakos et al. (US 2023/0156655, Manolakos hereinafter). Regarding claim 10, Tang teaches a method of wireless communication, the method performed by a user device (Terminal; Tang; Figs. 8 and 12; [0101]) and comprising: determining measurement information of a protocol layer (As can be seen in at least step 404 of Fig. 8, the terminal may measure a neighboring cell according to a measurement configuration. Such measurement is described as potentially including measuring reference signal received power (RSRP), reference signal received quality (RSRQ), and a signal to interference plus noise ratio (SINR) of the neighboring cell. Measurement of RSRP, RSRQ, and SINR may be interpreted at measuring at least layer one (as is also claimed in at least dependent claim 14). The terminal may thus be interpreted as determining measurement information of a protocol layer; Tang; Figs. 8-12; [0086], [0101]); and transmitting a control information including the measurement information (As can be seen in at least step 405 of Fig. 8, the terminal may transmit a measurement report including the measurements, which may be interpreted as a control information including the measurement information; Tang; Figs. 8-12; [0086], [0103]), and wherein the protocol layer is a physical layer or a medium access control layer and the measurements information is measurements information of a neighboring cell (Measurement of at least RSRP, RSRQ, and/or SINR of a neighboring cell may be interpreted as measurement of at least a physical layer of a neighboring cell (similar to dependent claim 14); Tang; Figs. 8-12; [0086], [0103]), wherein the control information is included in at least one of a i) UCI (Uplink Control Information) that is physical control information, ii) MAC-CE (MAC Control Element), or iii) SR (Scheduling Request) (Measurement of at least RSRP, RSRQ, and/or SINR of a neighboring cell may be interpreted as physical control information. Such control information transmitted in the uplink direction may also be interpreted as uplink control information; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]). However, Tang does not specifically disclose the uplink control information is included in PUCCH (Physcial Uplink Control Channel) or PUSCH (Physical Uplink Shared Channel). Manolakos teaches the uplink control information is included in PUCCH (Physcial Uplink Control Channel) or PUSCH (Physical Uplink Shared Channel) (The Physical Uplink Control Channel (PUCCH) is used to communicate Uplink Control Information (UCI); Manolakos; [0058]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Manolakos regarding channel measurement with the teachings as in Tang regarding channel measurement. The motivation for doing so would have been to increase performance at least by improving positioning measurements (Manolakos; [0033]). Regarding claim 11, Tang and Manolakos teach the limitations of claim 10. Tang further teaches the transmitting of the control information is triggered by i) a signaling from a network device or ii) the determining that a condition related to the measurement information is met (As can be seen in at least step 402 of Fig. 8, the measurement (and transmission of the control information) may be triggered by measurement configuration information sent from a network device (i.e., signaling from a network device); Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]). Regarding claim 14, Tang and Manolakos teach the limitations of claim 10. Tang further teaches the measurement information includes at least one of: L1-SINR (signal-to-noise and interference ratio), L1-RSRP (reference signal received power), or CQI (channel quality indicator) (The measurement information may include at least RSRP, RSRQ, and/or SINR of a neighboring cell ; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]). Regarding claim 15, Tang and Manolakos teach the limitations of claim 10. Tang further teaches at least one of following is determined by the user device or based on a signaling from a network device: i) a number of pieces of the measurement information corresponding to one PCI, or ii) a number of reference signal resources corresponding to one PCI (The measurement configuration information sent by the network device may instruct the terminal to measure a neighboring cell, and such a cell is described as being identified by a physical cell identifier (ID). The measurement configuration information is also described as indicating specific configuration information content for the measurement of the indicated measurement object (e.g., the neighboring cell). The terminal may thus be interpreted as determining at least a number of pieces of the measurement information corresponding to one PCI based on signaling from a network device; Tang; Figs. 8-12; [0090]-[0091], [0122], [0132]), or wherein at least one of following is determined by a signaling from a network device: i) a maximum number of pieces of the measurement information corresponding to one PCI, or ii) a maximum number of reference signal resources corresponding to one PCI (Because such claim limitations are recited in the alternative to the above limitations taught by the prior art, it is not necessary for the prior art to teach such limitations; Tang; Figs. 8-12; [0090]-[0091], [0122], [0132]).
Regarding claim 17, Tang and Manolakos teach the limitations of claim 10. Tang further teaches reporting a capability of the user device (The terminal may report speed measurement capability information to the network device; Tang; [0126]). Manolakos further teaches the capability includes at least one of: i) a maximum number of serving cells that are included in one piece of the control information, ii) a maximum number of pieces of the measurement information corresponding to one PCI, iii) a maximum number of reference signal resources corresponding to one PCI; iv) a maximum number of PCI whose the measurement information of the protocol layer can be reported; v) a maximum number of reference signal resources whose the measurement information of the protocol layer can be reported; vi) a maximum number of reference signal resources whose measurement information of the protocol layer is capable of being reported; vii) a maximum number of reference signal resources per PCI whose measurement information of the protocol layer is capable of being reported (The UE may report capability information that indicates parameters of the UE in support of: positioning reference signal (PRS) configurations (e.g., a maximum number of PRS resources, a maximum number of PRS resource sets, a maximum number of frequency layers, a maximum number of TRPs, etc.), PRS measurements (e.g., support of Rx-Tx measurements or RSTD, or RSRP, number of measurements the UE can report, etc.), positioning methods (e.g., support of multi-RTT, TDOA, AoD, method, support of simultaneous processing of methods, etc.), or positioning procedures (e.g., support of receiving QCL reference from one TRP to another, type of QCL (Type-C or Type-D), etc.), or a combination thereof. The UE may thus be interpreted as reporting at least a maximum number of reference signal resources whose measurement information of the protocol layer is capable of being reported; Manolakos; [0113]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Manolakos regarding channel measurement with the teachings as in Tang regarding channel measurement. The motivation for doing so would have been to increase performance at least by improving positioning measurements (Manolakos; [0033]). Regarding claim 18, Tang and Manolakos teach the limitations of claim 10. Tang further teaches receiving, from a network node, first information (As can be seen in at least step 402 of Fig. 8, the terminal may receive measurement configuration information sent from a network device; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]); and determining, based on the first information, a parameter of a control resource set (The terminal may be interpreted as determining a parameter of a control resource set based on the measurement configuration information; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]), and wherein the parameter includes at least one of: an index of the control resource set or a state of the control resource set (The measurement configuration information may be interpreted as including at least a parameter indicating a state of the control resource set; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]), and wherein the first information includes at least one of MAC-CE (MAC Control Element), DCI (downlink control information), or PCI (physical layer cell ID) of the control resource set (The measurement configuration information (i.e., control information) transmitted in the downlink direction to the terminal may be interpreted as downlink control information. The measurement configuration information may also include measurement object information such as physical cell ID information; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103], [0122], [0132]). Regarding claim 19, Tang and Manolakos teach the limitations of claim 18. Manolakos further teaches determining, based on the parameter, at least one of a hybrid automatic repeat request ack (HARQ-ACK), a time domain relationship between two physical downlink channels (PDSCHs), a time domain relationship between two physical uplink shared channels (PUSCHs), a time domain relationship between a HARQ-ACK with different PDSCHs (The Physical Uplink Control Channel (PUCCH) is used to communicate Uplink Control Information (UCI) from the UE to the serving gNB 110-1. This UCI may comprise, for example, a Hybrid Automatic Repeat Request (HARQ) (e.g., a HARQ Acknowledgement (HARQ-ACK)). The UE may thus be interpreted as determining at least a hybrid automatic repeat request ack (HARQ-ACK) based on received information (i.e., the parameter); Manolakos; Fig. 3; [0058]-[0060]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Manolakos regarding channel measurement with the teachings as in Tang regarding channel measurement. The motivation for doing so would have been to increase performance at least by improving positioning measurements (Manolakos; [0033]). Regarding claim 20, Tang and Manolakos teach the limitations of claim 18. Tang further teaches deactivating some resources of the control resource set based on the index of the control resource set or another index of a search space associated with the control resource set in case that a number of the control resource set associated with the index is greater than a threshold (The Examiner would like to note that claim 18 from which claim 20 depends recites the use of the index of the control resource set in the alternative to the parameter including a state of the control resource set. Furthermore, the claimed deactivation of some resources is conditioned based on the occurrence of a number of the control resource set associated with the index being greater than a threshold. Ex Parte Schulhauser, No. 2013-007847 (P.T.A.B. April 29, 2016) states the following regarding conditional limitations: “[a]lthough claim 11 recites functions that are substantially similar to the steps recited in the method of claim 1, as noted supra, claim 11 is directed to a system. The broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur. This interpretation of the system claim differs from the method claim because the structure (i.e., a processor programmed to perform an algorithm for carrying out the recited function should the recited condition be met) is present in the system regardless of whether the condition is met and the function is actually performed.” Such conditional claim language in method claim 20 may thus be interpreted as optional. Because the prior art teaches the alternative wherein the parameter includes at least a state of the control resource set, the condition wherein the index of the control resource set is greater than a threshold may be interpreted as not being required to occur; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]). Regarding claim 21, Tang and Manolakos teach the limitations of claim 10. Tang further teaches the control information includes at least one items of i) one or more serving cell indices; ii) one or more PCIs corresponding to one serving cell index; iii) the measurement information; iv) one or more reference signal resource indices including one or more reference signal resource index group, each group corresponding to one serving cell index; v) a number of PCI; or vi) a number of serving cell index, and wherein the measurement information corresponds to a cell or a reference signal resource of the cell, the cell including at least one of the neighboring cell or a serving cell (As can be seen in at least step 405 of Fig. 8, the terminal may transmit a measurement report including the measurements (i.e., measurement information); Tang; Figs. 8-12; [0086], [0101]-[0103]). Regarding claim 22, Tang teaches a method of wireless communication, the method performed by a network node (Network device; Tang; Figs. 8 and 12; [0101]) and comprising: receiving, from a user device, a control information including measurement information of a protocol layer, the measurement information determined by the user device (As can be seen in at least step 405 of Fig. 8, the terminal may transmit a measurement report including measurement information (i.e., control information including measurement information). Such measurement information is described as potentially including reference signal received power (RSRP), reference signal received quality (RSRQ), and a signal to interference plus noise ratio (SINR) of a neighboring cell. Measurement of RSRP, RSRQ, and SINR may be interpreted at measuring at least layer one (as is also claimed in at least dependent claim 25). The network node may thus be interpreted as receiving, from a user device, a control information including measurement information of a protocol layer, the measurement information determined by the user device; Tang; Figs. 8-12; [0086], [0103]), wherein the protocol layer is a physical layer or a medium access control layer and the measurements information is measurements information of a neighboring cell (Measurement of at least RSRP, RSRQ, and/or SINR of a neighboring cell may be interpreted as measurement of at least a physical layer of a neighboring cell (similar to dependent claim 14); Tang; Figs. 8-12; [0086], [0103]), wherein the control information is included in at least one of a i) UCI (Uplink Control Information) that is physical control information, ii) MAC-CE (MAC Control Element), or iii) SR (Scheduling Request) (Measurement of at least RSRP, RSRQ, and/or SINR of a neighboring cell may be interpreted as physical control information. Such control information transmitted in the uplink direction may also be interpreted as uplink control information; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]). However, Tang does not specifically disclose the uplink control information is included in PUCCH (Physcial Uplink Control Channel) or PUSCH (Physical Uplink Shared Channel). Manolakos teaches the uplink control information is included in PUCCH (Physcial Uplink Control Channel) or PUSCH (Physical Uplink Shared Channel) (The Physical Uplink Control Channel (PUCCH) is used to communicate Uplink Control Information (UCI); Manolakos; [0058]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Manolakos regarding channel measurement with the teachings as in Tang regarding channel measurement. The motivation for doing so would have been to increase performance at least by improving positioning measurements (Manolakos; [0033]). Regarding claim 23, Tang and Manolakos teach the limitations of claim 22. Tang further teaches transmitting, to the user device, a signaling that triggers the user device to transmit the control information (As can be seen in at least step 402 of Fig. 8, the measurement (and transmission of the control information) may be triggered by measurement configuration information sent from a network device (i.e., signaling from a network device); Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]). Regarding claim 25, Tang and Manolakos teach the limitations of claim 22. Tang further teaches the measurement information includes at least one of: L1-SINR (signal-to-noise and interference ratio), L1-RSRP (reference signal received power), or CQI (channel quality indicator) (The measurement information may include at least RSRP, RSRQ, and/or SINR of a neighboring cell ; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103]). Regarding claim 26, Tang and Manolakos teach the limitations of claim 23. Tang further teaches transmitting a signaling that causes the user device to determine at least one of i) a number of pieces of the measurement information corresponding to one PCI, ii) a number of reference signal resources corresponding to one PCI, iii) a maximum number of pieces of the measurement information corresponding to one PCI, or iv) a maximum number of reference signal resources corresponding to one PCI (The measurement configuration information sent by the network device may instruct the terminal to measure a neighboring cell, and such a cell is described as being identified by a physical cell identifier (ID). The measurement configuration information is also described as indicating specific configuration information content for the measurement of the indicated measurement object (e.g., the neighboring cell). The network node may thus be interpreted as transmitting a signaling that causes the user device to determine at least a number of pieces of the measurement information corresponding to one PCI; Tang; Figs. 8-12; [0090]-[0091], [0122], [0132]). Regarding claim 27, Tang and Manolakos teach the limitations of claim 22. Tang further teaches receiving, from the user device, a report on a capability of the user device (The terminal may report speed measurement capability information to the network device; Tang; [0126]). Manolakos further teaches the capability includes at least one of: i) a maximum number of serving cells that are included in one piece of the control information, ii) a maximum number of pieces of the measurement information corresponding to one PCI, iii) a maximum number of reference signal resources corresponding to one PCI; iv) a maximum number of PCI whose the measurement information of the protocol layer can be reported; v) a maximum number of reference signal resources whose the measurement information of the protocol layer can be reported; vi) a maximum number of reference signal resources whose measurement information of the protocol layer is capable of being reported; vii) a maximum number of reference signal resources per PCI whose measurement information of the protocol layer is capable of being reported (The UE may report capability information that indicates parameters of the UE in support of: positioning reference signal (PRS) configurations (e.g., a maximum number of PRS resources, a maximum number of PRS resource sets, a maximum number of frequency layers, a maximum number of TRPs, etc.), PRS measurements (e.g., support of Rx-Tx measurements or RSTD, or RSRP, number of measurements the UE can report, etc.), positioning methods (e.g., support of multi-RTT, TDOA, AoD, method, support of simultaneous processing of methods, etc.), or positioning procedures (e.g., support of receiving QCL reference from one TRP to another, type of QCL (Type-C or Type-D), etc.), or a combination thereof. The UE may thus be interpreted as reporting at least a maximum number of reference signal resources whose measurement information of the protocol layer is capable of being reported; Manolakos; [0113]). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Manolakos regarding channel measurement with the teachings as in Tang regarding channel measurement. The motivation for doing so would have been to increase performance at least by improving positioning measurements (Manolakos; [0033]). Regarding claim 28, Tang and Manolakos teach the limitations of claim 22. Tang further teaches transmitting, to the user device, first information that includes at least one of MAC-CE (MAC Control Element), DCI (downlink control information), or PCI (physical layer cell ID) of a control resource set (The measurement configuration information (i.e., control information) transmitted in the downlink direction to the terminal may be interpreted as downlink control information. The measurement configuration information may also include measurement object information such as physical cell ID information; Tang; Figs. 8-12; [0086], [0097], [0101]-[0103], [0122], [0132]). Regarding claim 29, Tang and Manolakos teach the limitations of claim 22. Tang further teaches the control information includes at least one items of i) one or more serving cell indices; ii) one or more PCIs corresponding to one serving cell index; iii) the measurement information; iv) one or more reference signal resource indices including one or more reference signal resource index group, each group corresponding to one serving cell index; v) a number of PCI; or vi) a number of serving cell index, and wherein the measurement information corresponds to a cell or a reference signal resource of the cell, the cell including at least one of the neighboring cell or a serving cell (As can be seen in at least step 405 of Fig. 8, the terminal may transmit a measurement report including the measurements (i.e., measurement information); Tang; Figs. 8-12; [0086], [0101]-[0103]).
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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/ERIC MYERS/Primary Examiner, Art Unit 2474
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