DETAILED ACTION
Response to Amendment
The amendment filed on 9/9/2025 has been entered. Claims 1, 4, 6-7, 10, 12-18 have been amended, claims 19-20 have been added and claims 1-20 remain pending in the application.
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 .
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.
Claims 1, 6-7 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by R2-110111 (3GPP TSG-RAN WG2 Meeting #72bis, 2011).
Regarding claim 1; R2-110111 discloses receiving, a first indication that indicates adding or deleting a serving cell (a UE receives RRC connection reconfiguration indication indicating a serving cell addition/removal; see Alt 4 of page 4 and Fig. 3) or a measurement frequency (no patentable weight is given due to the claim language or); sending a second indication indicating whether a measurement gap is needed for measurements in a frequency band corresponding to the serving cell (the UE transmits RRC connection reconfiguration complete indication updating the need for measurement gap for each supported band, including a frequency band corresponding to the added/removed serving cell; see Alt 4 of page 4 and Fig. 3) or the measurement frequency (no patentable weight is given due to the claim language or), wherein the second indication is independent of whether a measurement gap is needed for another frequency band supported by the terminal device different from the frequency band corresponding to the serving cell (a UE supports multiple frequency bands including the frequency band of the added/removed serving cell; the need for a measurement gap of each supported band is based on the current serving cell configuration (e.g. adding/removing a serving cell); therefore, whether a measurement gap is needed for the frequency band of the serving cell depends on whether the serving cell is added or removed; it is independent of whether a measurement gap is needed for another frequency band supported by the terminal; see Table 1, Alt 4 of page 4 and Fig. 3) or another measurement frequency of the terminal device different from the measurement frequency (no patentable weight is given due to the claim language or).
Regarding claim 7; R2-110111 discloses a communication method, comprising: sending, to a terminal device a first indication that indicates adding or deleting a serving cell or a measurement frequency (an eNB transmits RRC connection reconfiguration indication indicating serving cell addition/removal to a UE; see Alt 4 of page 4 and Fig. 3); and receiving, from a second indication indicating whether a measurement gap is needed for measurements in a frequency band corresponding to the serving cell (the UE transmits RRC connection reconfiguration complete indication indicating the updated need for measurement gap for each supported band, including a frequency band corresponding to the added/removed serving cell; see Alt 4 of page 4 and Fig. 3) or the measurement frequency (no patentable weight is given due to the claim language or), wherein the second indication is independent of whether a measurement gap is needed for another frequency band supported by the terminal device different from the frequency band corresponding to the serving cell (a UE supports multiple frequency bands including the frequency band of the added/removed serving cell; the need for a measurement gap of each supported band is based on the current serving cell configuration (e.g. adding/removing a serving cell); therefore, whether a measurement gap is needed for the frequency band of the serving cell depends on whether the serving cell is added or removed; it is independent of whether a measurement gap is needed for another frequency band supported by the terminal; see Table 1, Alt 4 of page 4 and Fig. 3) or another measurement frequency of the terminal device different from the measurement frequency (no patentable weight is given due to the claim language or).
Regarding claims 6 and 12; R2-110111 discloses wherein the frequency band corresponding to the service cell is a frequency band in a band combination (the UE indicates the need of gap for each supported band based on the current serving cell configuration; see Alt 4 of page 4 and Alt 2 of page 3).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 8-9 13-14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over R2-110111; in view of Siomina et al. (US 2017/0339595 A1).
Regarding claim 13; R2-110111 discloses receiving, a first indication that indicates adding or deleting a serving cell or a measurement frequency (a UE receives RRC connection reconfiguration indication indicating serving cell addition/removal; see Alt 4 of page 4 and Fig. 3); and sending a second indication indicating whether a measurement gap is needed for measurements in a frequency band corresponding to the serving cell (the UE transmits RRC connection reconfiguration complete indication indicating the updated need for measurement gap for each supported band, including a frequency band corresponding to the added/removed serving cell; see Alt 4 of page 4 and Fig. 3) or the measurement frequency (no patentable weight is given due to the claim language or), wherein the second indication is independent of whether a measurement gap is needed for another frequency band supported by the terminal device different from the frequency band corresponding to the serving cell (a UE supports multiple frequency bands including the frequency band of the added/removed serving cell; the need for a measurement gap of each supported band is based on the current serving cell configuration (e.g. adding/removing a serving cell); therefore, whether a measurement gap is needed for the frequency band of the serving cell depends on whether the serving cell is added or removed; it is independent of whether a measurement gap is needed for another frequency band supported by the terminal; see Table 1, Alt 4 of page 4 and Fig. 3) or another measurement frequency of the terminal device different from the measurement frequency (no patentable weight is given due to the claim language or).
R2-110111 discloses a UE receives a first indication and transmits a second indication to an eNB.
R2-110111 does not explicitly disclose the UE comprises at least one circuitry.
Siomina discloses a communication apparatus, comprising at least one circuity (a processor in a UE; see paragraph [0072] and Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111 and Siomina to include at least one circuitry in a UE in order to execute instructions (see paragraph [0051] of Siomina).
Regarding claims 2 and 14; R2-110111 discloses a gap procedure is started after the UE transmits a need for gap for a supported band.
R2-11011 does not explicitly disclose receiving a measurement gap.
Siomina discloses receiving a measurement gap configuration, the measurement gap configuration being based on the second indication (the radio network node receives an indication indicating that the UE needs measurement gap; the network node sends measurement gap configuration; see paragraph [0073] and Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111 and Siomina to send a measurement gap configuration for positioning (see paragraph [0073] of Siomina).
Regarding claim 8; R2-110111 discloses a gap procedure is started after the UE transmits a need for gap for a supported band.
R2-11011 does not explicitly disclose receiving a measurement gap.
Siomina discloses determining a measurement gap configuration based on the second indication (the radio network node receives an indication indicating that the UE needs measurement gap and determines a measurement gap configuration; see paragraph [0073] and Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111 and Siomina to determine a measurement gap configuration for positioning (see paragraph [0073] of Siomina).
Regarding claim 9; R2-110111 discloses a gap procedure is started after the UE transmits a need for gap for a supported band.
R2-11011 does not explicitly disclose sending the measurement gap configuration.
Siomina discloses sending the measurement gap configuration (the eNB sends measurement gap configuration to the UE; see paragraph [0073] and Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111 and Siomina to send a measurement gap configuration for positioning (see paragraph [0073] of Siomina).
Regarding claim 18; R2-110111 discloses wherein the corresponding frequency band is a frequency band in a band combination (the UE indicates the need of gap for each supported band based on the current serving cell configuration; see Alt 4 of page 4 and Figure 1).
Claims 3-5, 10-11, 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over R2-110111; in view of Siomina; and in further view of Sahai et al. (US 2019/0052996 A1).
Regarding claims 3 and 15; the combination of R2-110111 and Siomina discloses an eNB transmits measurement gap configuration to a UE.
The combination of R2-110111 and Siomina does not explicitly disclose performing measurement based on the measurement gap configuration.
Sahai discloses performing measurement based on the measurement gap configuration (the UE may utilize the dedicated gaps to perform PRS measurements; see paragraph [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111, Siomina and Sahai to perform the measurement based on the measurement gap configuration to facilitate location determination (see paragraph [0030] of Sahai).
Regarding claims 4, 10 and 16; the combination of R2-110111 and Siomina discloses an eNB transmits measurement gap configuration to a UE.
The combination of R2-110111 and Siomina does not explicitly disclose the measurement gap configuration comprises a period or a length of a measurement gap.
Sahai discloses wherein the measurement gap configuration comprises a period or a length of the measurement gap (the dedicated gap configuration may further include one or more of: a dedicated gap length, a dedicated gap periodicity; see paragraph [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111, Siomina and Sahai to include a gap length or a period to facilitate location determination (see paragraph [0030] of Sahai).
Regarding claims 5, 11 and 17; the combination of R2-110111 and Siomina discloses an eNB transmits measurement gap configuration to a UE.
The combination of R2-110111 and Siomina does not explicitly disclose the measurement gap configuration comprises a period and a length of a measurement gap.
Sahai discloses wherein the measurement gap configuration comprises a period and a length of the measurement gap (the dedicated gap configuration may further include one or more of: a dedicated gap length, a dedicated gap periodicity; see paragraph [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111, Siomina and Sahai to include a gap length and a period to facilitate location determination (see paragraph [0030] of Sahai).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over R2-110111; in view of Yi et al. (US 2017/0339592 A1).
Regarding claim 19; R2-110111 discloses a UE transmits an indication indicating whether a measurement gap is needed for a serving cell addition/removal.
R2-110111 does not explicitly disclose the indication is transmitted without reporting capability information.
Yi discloses wherein sending the second indication comprises sending the second indication without reporting capability information (a UE may transmit an indication indicating whether or not a measurement gap for a carrier is needed to a network; the indication is transmitted separately for each carrier, therefore, it is transmitted without reporting capability information; see paragraph [0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111 and Yi to transmit the indication without reporting capability information to configure independent measurement gap for each carrier (see paragraph [0006] of Yi).
Regarding claim 20; R2-110111 discloses a UE transmits an indication indicating whether a measurement gap is needed for a serving cell addition/removal.
R2-110111 does not explicitly disclose the indication is transmitted without reporting capability information.
Yi discloses wherein sending the second indication comprises sending the second indication without reporting capability information (a UE may transmit an indication indicating whether or not a measurement gap for a carrier is needed to a network; the indication is transmitted separately for each carrier, therefore, it is transmitted without reporting capability information; see paragraph [0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of R2-110111 and Yi to transmit the indication without reporting capability information to configure independent measurement gap for each carrier (see paragraph [0006] of Yi).
Response to Arguments
In response to the applicant’s arguments that R2-110111 does not teach “sending a second indication indicating whether a measurement gap is needed for measurements in a frequency band corresponding to the serving cell, wherein the second indication is independent of whether a measurement gap is needed for another frequency band supported by the terminal device different from the frequency band corresponding to the serving cell” in amended claim1; the examiner respectfully disagrees.
R2-110111 discloses a UE supports multiple frequency bands including a frequency band of a serving cell to be added/removed. The UE transmits an update of the need for measurement gap for each supported band in response to receiving adding/deleting a serving cell indication. The need for a measurement gap of each supported band is based on the current serving cell configuration (see Table 1, Alt 4 of page 4 and Fig. 3). Therefore, whether a measurement gap is needed for measurements in the frequency band corresponding to the serving cell depends on whether the serving cell is added or removed. It is independent of whether a measurement gap is needed for another frequency band supported by the terminal device.
Therefore, R2-110111 discloses the claimed invention.
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 NING LI whose telephone number is (571)270-0624. The examiner can normally be reached Monday, Tuesday, Thursday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached at (571) 270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.L/Examiner, Art Unit 2415
/JEFFREY M RUTKOWSKI/Supervisory Patent Examiner, Art Unit 2415
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