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 .
Information Disclosure Statement
No information disclosure statement is submitted with the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 15, 17 and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 19 and 20 recite “when the position of the first field in the first signaling is any position in a first position set, the first field is applied to only SCG in an MCG and an SCG, the first position set comprises at least one position, and any position in the first position set is not a first level sub-item of the first signaling”. The meaning of phrase is not clear. The “any position in the first position set is not a first level sub-item of the first signaling” is not understandable.
Claim 15 recite “whether the first field indicates an identity of the first gap is related to whether the first gap is an aperiodic gap; when the first gap is an aperiodic gap, the first field does not indicate an identity of the first gap; when the first gap is a periodic gap, the first field indicates an identity of the first gap”. The language is unclear, it seems to require an identity of the first gap, but also require the first field not to have an identity in one situation.
Claim 17 recite “the first message indicates that the requested aperiodic gap starting at a first frame and a first sub-frame for an MUSIM is applied to either MCG or SCG.”. Claim 17 refers to “the first message” and “the requested aperiodic gap” that are not present in claim 1, so they are missing antecedent basis.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 1, 2, 10 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter. Kim1 teaches all of the limitations of the specified claim with the following reasoning.
Regarding claim 1, Kim1 teaches a first node for wireless communications, comprising: (fig. 23) a first receiver, receiving a first signaling, the first signaling comprising a first field, the first field configuring a first gap set; a position of the first field in the first signaling being used to determine whether the first gap set is applied to a Master Cell Group (MCG); ( paragraphs 0270 and 0360 - Cell group configuration parameters may be used to configure a master cell group (MCG) or secondary cell group (SCG). If the cell group configuration parameters are used to configure the MCG, the cell group configuration parameters are master cell group configuration parameters. ...[0360]... The distributed unit may send measurement gaps information to the central unit in a measurement gap configuration (measgapconfig) IE of a DU to CU RRC Information IE that is included in a UE context setup response message. For example, if a measurement configuration (measconfig) IE is included in a CU to DU RRC Information IE in a UE context setup request message, a distributed unit may deduce that changes to a measurement configuration need to be applied. If a measurement object to add or modify list (measobjecttoaddmodlist) IE is included in measconfig IE, then frequencies added in such IE may be to be activated. The distributed unit may decide if measurement gaps are needed or not and, if needed, the distributed unit may send measurement gaps information to the central unit in a measurement gap configuration (measgapconfig) IE of a DU to CU RRC Information IE that is included in a UE context setup response message. )
wherein the first gap set comprises at least a first gap; the meaning of the phrase that the first field configures a first gap set comprises: the first field indicates a gap length, a starting System Frame Number (SFN), and a starting sub-frame of the first gap; the first signaling is RRCReconfiguration; the meaning of the phrase that a position of the first field in the first signaling is used to determine whether the first gap set is applied to an MCG is: when the first field is a first level sub-item of the first signaling, the first field is applied to at least MCG in an MCG and a Secondary Cell Group (SCG), when the position of the first field in the first signaling is any position in a first position set, the first field is applied to only SCG in an MCG and an SCG, the first position set comprises at least one position, and any position in the first position set is not a first level sub-item of the first signaling (paragraph 0270 and 0402 - Cell group configuration parameters may be used to configure a master cell group (MCG) or secondary cell group (SCG). If the cell group configuration parameters are used to configure the MCG, the cell group configuration parameters are master cell group configuration parameters. If the cell group configuration parameters are used to configure the SCG, the cell group configuration parameters are secondary cell group configuration parameters. ... [0402] In an example of FIG. 23, a (first) network may be allowed to configure one or more gap patterns for a switching gap time. The system frame number (SFN) and subframe of a primary cell of a first network may be used in the gap configuration, of the switching gap time, to calculate the gap of the switching gap time. For example, the switching gap configuration may explicitly provide a gap starting position (e.g., offset value or start SFN and subframe explicitly), gap length and gap repetition period. One or more switching Gaps may be configured or released by RRC signalling (e.g., RRC reconfiguration message). A gap of the switching gap time may be released autonomously by a wireless device after N repetitions.) Paragraphs 0251 to 0262 shows indication of MCG or SCG as part of the parameters. The position as used in the claim is understood to be the relative location in the bunch (or set) of parameter (field) as illustrated in fig. 7 drawing of the application under examination and referred to in page 35, line 7 to line 12 of the specification of the application under examination. The equivalent to the position in Kim1 is the arrangement of the configuration parameters (field).
Regarding claim 2, Kim1 teaches claim 1.
Kim1 further teaches wherein the first gap set is for Multi-Universal Subscriber Identity Module (MUSIM) (paragraph 0400 - A base station may transmit to a wireless device a MUSIM gap configuration via an RRC reconfiguration message. The MUSIM gap configuration may indicate a gap starting position, a gap length, and a gap repetition period. The gap starting position may be indicated by MUSIM gap offset or start SFN and subframe.).
Regarding claim 10, Kim1 teaches claim 1.
Kim1 further teaches comprising: the first receiver, within the first gap set, executing at least one operation in a first operation set, and the first operation set comprising: cell identification and measurement, paging monitoring, SIB acquisition, and on-demand acquisition of system information; (paragraph 0396 - For example, the network may configure at most 3 gap patterns for multi-USIM purpose: two periodic gaps and a single aperiodic gap. The periodic gap may be configured for a periodic switching or system information (SI) receiving at the second network. The periodic switching may comprise SSB detection/paging reception, serving cell measurement, ...)
wherein the first operation set is for a target network, and the target network is a network other than a transmitter of the first signaling (paragraph 0396 - For example, the network may configure at most 3 gap patterns for multi-USIM purpose: two periodic gaps and a single aperiodic gap. The periodic gap may be configured for a periodic switching or system information (SI) receiving at the second network. The periodic switching may comprise SSB detection/paging reception, serving cell measurement, ...).
Regarding claim 17, Kim1 teaches claim 1.
Kim1 further teaches wherein the first message indicates that the requested aperiodic gap starting at a first frame and a first sub-frame for an MUSIM is applied to either MCG or SCG (paragraph 0399 - ... The wireless device transmits the RRC message to a base station. The preferred RRC state may indicate an RRC idle state or an RRC inactive state. The MUSIM gap request list may comprise one or more MUSIM gap information. The MUSIM gap information may indicate a MUSIM gap information the wireless device prefers. The MUSIM gap information may comprise a gap starting position, a gap length, and a gap repetition period. The gap starting position may be indicated by MUSIM gap offset or start SFN and subframe. The MUSIM gap information may comprise at least one of: a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period. For the aperiodic gap, the MUSIM gap information may comprise a MUSIM gap offset and a MUSIM gap length. For the periodic gap, the MUSIM gap information may comprise a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period.).
Regarding claim 18, Kim1 teaches claim 1.
Kim1 further teaches wherein when the first gap is applied to an MCG, a starting SFN and a starting sub-frame of the first gap is for timing of an MCG or a PCell; when the first gap is applied to an SCG, a starting SFN and a starting sub-frame of the first gap is for timing of an SCG or a PSCell; when the first gap is applied to an MCG and SCG, a starting SFN and a starting sub-frame of the first gap is for timing of an MCG or a PCell (paragraph 0418 - In an example, the gap time may indicate a gap starting position (e.g., offset value or start SFN and subframe explicitly), gap length and gap repetition period. One or more gaps of the gap time may be configured or released by RRC signalling (e.g., RRC reconfiguration message) ...). Timing is done by determining where gap begins and its length for MCG, SCG, PCell or PSCell.
Regarding claim 19, Kim1 teaches a second node for wireless communications, comprising: (fig. 23) a second transmitter, transmitting a first signaling, the first signaling comprising a first field, the first field configuring a first gap set; a position of the first field in the first signaling being used to determine whether the first gap set is applied to an MCG; (fig. 22 and 23 and paragraphs 0270, 0306 and 0400 - Cell group configuration parameters may be used to configure a master cell group (MCG) or secondary cell group (SCG). If the cell group configuration parameters are used to configure the MCG, the cell group configuration parameters are master cell group configuration parameters. ... ... In an example of the FIG. 17 , the second base station may send a first RRC reconfiguration message. The RRC first reconfiguration message may comprise the SpCell configuration parameters.[0360]... The distributed unit may send measurement gaps information to the central unit in a measurement gap configuration (measgapconfig) IE of a DU to CU RRC Information IE that is included in a UE context setup response message. For example, if a measurement configuration (measconfig) IE is included in a CU to DU RRC Information IE in a UE context setup request message, a distributed unit may deduce that changes to a measurement configuration need to be applied. If a measurement object to add or modify list (measobjecttoaddmodlist) IE is included in measconfig IE, then frequencies added in such IE may be to be activated. The distributed unit may decide if measurement gaps are needed or not and, if needed, the distributed unit may send measurement gaps information to the central unit in a measurement gap configuration (measgapconfig) IE of a DU to CU RRC Information IE that is included in a UE context setup response message. …. [0400] A base station may transmit to a wireless device a MUSIM gap configuration via an RRC reconfiguration message. The MUSIM gap configuration may indicate a gap starting position, a gap length, and a gap repetition period. The gap starting position may be indicated by MUSIM gap offset or start SFN and subframe.)
wherein the first gap set comprises at least a first gap; the meaning of the phrase that the first field configures a first gap set comprises: the first field indicates a gap length, a starting SFN, and a starting sub-frame of the first gap; the first signaling is RRCReconfiguration; the meaning of the phrase that a position of the first field in the first signaling is used to determine whether the first gap set is applied to an MCG is: when the first field is a first level sub-item of the first signaling, the first field is applied to at least MCG in an MCG and an SCG, when the position of the first field in the first signaling is any position in a first position set, the first field is applied to only SCG in an MCG and an SCG, the first position set comprises at least one position, and any position in the first position set is not a first level sub-item of the first signaling (paragraph 0402 - In an example of FIG. 23, a (first) network may be allowed to configure one or more gap patterns for a switching gap time. The system frame number (SFN) and subframe of a primary cell of a first network may be used in the gap configuration, of the switching gap time, to calculate the gap of the switching gap time. For example, the switching gap configuration may explicitly provide a gap starting position (e.g., offset value or start SFN and subframe explicitly), gap length and gap repetition period. One or more switching Gaps may be configured or released by RRC signalling (e.g., RRC reconfiguration message). A gap of the switching gap time may be released autonomously by a wireless device after N repetitions.)
Regarding claim 20, Kim1 teaches a method in a first node for wireless communications, comprising: receiving a first signaling, the first signaling comprising a first field, the first field configuring a first gap set; a position of the first field in the first signaling being used to determine whether the first gap set is applied to an MCG; (paragraph 0412 - In an example, a wireless device may receive, from a base station, a measurement configuration. The measurement configuration may comprise measurement gap configuration. The measurement gap configuration may comprise one or more configuration parameters. The one or more configuration parameters of the measurement gap may indicate periods that the wireless device may use to perform measurements. The one or more configuration parameters may indicate one or more measurement gaps. ... )
wherein the first gap set comprises at least a first gap; the meaning of the phrase that the first field configures a first gap set comprises: the first field indicates a gap length, a starting SFN, and a starting sub-frame of the first gap; the first signaling is RRCReconfiguration; the meaning of the phrase that a position of the first field in the first signaling is used to determine whether the first gap set is applied to an MCG is: when the first field is a first level sub-item of the first signaling, the first field is applied to at least MCG in an MCG and an SCG, when the position of the first field in the first signaling is any position in a first position set, the first field is applied to only SCG in an MCG and an SCG, the first position set comprises at least one position, and any position in the first position set is not a first level sub-item of the first signaling (paragraphs 0270 and 0402 - Cell group configuration parameters may be used to configure a master cell group (MCG) or secondary cell group (SCG). If the cell group configuration parameters are used to configure the MCG, the cell group configuration parameters are master cell group configuration parameters. If the cell group configuration parameters are used to configure the SCG, the cell group configuration parameters are secondary cell group configuration parameters. ... [0402] In an example of FIG. 23, a (first) network may be allowed to configure one or more gap patterns for a switching gap time. The system frame number (SFN) and subframe of a primary cell of a first network may be used in the gap configuration, of the switching gap time, to calculate the gap of the switching gap time. For example, the switching gap configuration may explicitly provide a gap starting position (e.g., offset value or start SFN and subframe explicitly), gap length and gap repetition period. One or more switching Gaps may be configured or released by RRC signalling (e.g., RRC reconfiguration message). A gap of the switching gap time may be released autonomously by a wireless device after N repetitions.) Paragraphs 0251 to 0262 shows indication of MCG or SCG as part of the parameters or configuration fields.
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 3 and 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Chervyakov et al. (U.S. PGPub 2021/0329618), Chervyakov hereinafter.
Regarding Claim 3, Kim1 teaches claim 1.
Kim1 further teaches comprising: a first transmitter, transmitting a first message, and the first message being used to request an aperiodic gap starting at a first frame and a first sub-frame for MUSIM; (paragraph 0399 - ... The wireless device transmits the RRC message to a base station. The preferred RRC state may indicate an RRC idle state or an RRC inactive state. The MUSIM gap request list may comprise one or more MUSIM gap information. The MUSIM gap information may indicate a MUSIM gap information the wireless device prefers. The MUSIM gap information may comprise a gap starting position, a gap length, and a gap repetition period. The gap starting position may be indicated by MUSIM gap offset or start SFN and subframe. The MUSIM gap information may comprise at least one of: a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period. For the aperiodic gap, the MUSIM gap information may comprise a MUSIM gap offset and a MUSIM gap length. For the periodic gap, the MUSIM gap information may comprise a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period.)
wherein the starting SFN of the first gap indicated by the first field is the first frame, the starting sub-frame of the first gap indicated by the first field is the first sub-frame, and the first gap is an aperiodic gap; the gap length of the first gap indicated by the first field belongs to a first gap length set, and the first gap length set only comprises 10ms and 20ms (paragraph 0399 - ... The MUSIM gap information may comprise a gap starting position, a gap length, and a gap repetition period. The gap starting position may be indicated by MUSIM gap offset or start SFN and subframe. The MUSIM gap information may comprise at least one of: a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period. For the aperiodic gap, the MUSIM gap information may comprise a MUSIM gap offset and a MUSIM gap length. For the periodic gap, the MUSIM gap information may comprise a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period.)
Yet, Kim1 does not expressly teach gap length set only comprises 10ms and 20ms.
However, in the analogous art, Chervyakov explicitly discloses gap length set only comprises 10ms and 20ms (paragraph 0190 - Example 11 includes the subject matter of any one of Examples 1-10, wherein the measurement gap pattern for the PRS measurements includes a measurement gap period of 80 ms for a measurement gap length of 10 ms, and a measurement gap period of 160 ms for a measurement gap length of 20 ms, or a measurement gap length of 40 ms.)
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Chervyakov's gap length to achieve 10ms and 20ms gap length.
Regarding Claim 4, Kim1 teaches claim 2.
Kim1 further teaches comprising: a first transmitter, transmitting a first message, and the first message being used to request an aperiodic gap starting at a first frame and a first sub-frame for MUSIM; (paragraph 0399 - ... The wireless device transmits the RRC message to a base station. The preferred RRC state may indicate an RRC idle state or an RRC inactive state. The MUSIM gap request list may comprise one or more MUSIM gap information. The MUSIM gap information may indicate a MUSIM gap information the wireless device prefers. The MUSIM gap information may comprise a gap starting position, a gap length, and a gap repetition period. The gap starting position may be indicated by MUSIM gap offset or start SFN and subframe. The MUSIM gap information may comprise at least one of: a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period. For the aperiodic gap, the MUSIM gap information may comprise a MUSIM gap offset and a MUSIM gap length. For the periodic gap, the MUSIM gap information may comprise a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period.)
wherein the starting SFN of the first gap indicated by the first field is the first frame, the starting sub-frame of the first gap indicated by the first field is the first sub-frame, and the first gap is an aperiodic gap; the gap length of the first gap indicated by the first field belongs to a first gap length set, and the first gap length set only comprises 10ms and 20 ms (paragraph 0399 - ... The MUSIM gap information may comprise a gap starting position, a gap length, and a gap repetition period. The gap starting position may be indicated by MUSIM gap offset or start SFN and subframe. The MUSIM gap information may comprise at least one of: a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period. For the aperiodic gap, the MUSIM gap information may comprise a MUSIM gap offset and a MUSIM gap length. For the periodic gap, the MUSIM gap information may comprise a MUSIM gap offset; a MUSIM gap length; and a MUSIM gap repetition period.)
Yet, Kim1 does not expressly teach gap length set only comprises 10ms and 20ms.
However, in the analogous art, Chervyakov explicitly discloses gap length set only comprises 10ms and 20ms (paragraph 0190 - Example 11 includes the subject matter of any one of Examples 1-10, wherein the measurement gap pattern for the PRS measurements includes a measurement gap period of 80 ms for a measurement gap length of 10 ms, and a measurement gap period of 160 ms for a measurement gap length of 20 ms, or a measurement gap length of 40 ms.)
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Chervyakov's gap length to achieve 10ms and 20ms gap length.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Chervyakov et al. (U.S. PGPub 2021/0329618), Chervyakov hereinafter, and further in view of Liu et al. (U.S. PGPub 2024/0365370), Liu hereinafter.
Regarding Claim 5, Kim1 in view of Chervyakov teaches claim 3.
Yet, Kim1 in view of Chervyakov does not expressly teach wherein the first message indicates whether the requested aperiodic gap starting at the first frame and the first sub-frame for MUSIM is applied to an MCG or an SCG.
However, in the analogous art, Liu explicitly discloses the first message indicates whether the requested aperiodic gap starting at the first frame and the first sub-frame for MUSIM is applied to an MCG or an SCG (paragraphs 0222, 0223 and 0251 to 0262 - [0222] The network side device determines that the priority of the MUSIM Gap is higher than the priority of the Gap for another purpose. The MUSIM Gap includes at least one of: [0223] a MUSIM periodic Gap; and [0224] a MUSIM aperiodic Gap. .... [0251] In at least one embodiment of this application, the Gap type includes at least one of: [0252] a preconfigured Gap; [0253] a parallel Gap; [0254] a Gap configured with an association relationship; [0255] a network controlled small Gap (NCSG); [0256] an autonomous Gap; [0257] a positioning Gap for positioning measurement; [0258] a MUSIM Gap; [0259] an uplink Gap, wherein during the uplink Gap, the network side device stops uplink transmission; [0260] a measurement Gap not configured with an association relationship; [0261] a Gap of a master cell group (MCG); and [0262] a Gap of a secondary cell group (SCG). ... [0282] ... The second configuration information may be transmitted through measurement configuration information or a system 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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Liu's indication of aperiodic gap application to an MCG or an SCG to improve reliability.
Regarding Claim 6, Kim1 in view of Chervyakov teaches claim 4.
Yet, Kim1 in view of Chervyakov does not expressly teach wherein the first message indicates whether the requested aperiodic gap starting at the first frame and the first sub-frame for MUSIM is applied to an MCG or an SCG.
However, in the analogous art, Liu explicitly discloses the first message indicates whether the requested aperiodic gap starting at the first frame and the first sub-frame for MUSIM is applied to an MCG or an SCG (paragraphs 0222, 0223 and 0251 to 0262 - [0222] The network side device determines that the priority of the MUSIM Gap is higher than the priority of the Gap for another purpose. The MUSIM Gap includes at least one of: [0223] a MUSIM periodic Gap; and [0224] a MUSIM aperiodic Gap. .... [0251] In at least one embodiment of this application, the Gap type includes at least one of: [0252] a preconfigured Gap; [0253] a parallel Gap; [0254] a Gap configured with an association relationship; [0255] a network controlled small Gap (NCSG); [0256] an autonomous Gap; [0257] a positioning Gap for positioning measurement; [0258] a MUSIM Gap; [0259] an uplink Gap, wherein during the uplink Gap, the network side device stops uplink transmission; [0260] a measurement Gap not configured with an association relationship; [0261] a Gap of a master cell group (MCG); and [0262] a Gap of a secondary cell group (SCG). ... [0282] ... The second configuration information may be transmitted through measurement configuration information or a system 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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Liu's indication of aperiodic gap application to an MCG or an SCG to improve reliability.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Kim et al. (U.S. PGPub 2023/0403550), Kim2 hereinafter.
Regarding Claim 7, Kim1 teaches claim 1.
Kim1 further teaches comprising the first receiver, after the first signaling, receiving a second signaling, the second signaling comprising a second field, and the second field being used to indicate releasing the first gap; (paragraph 0403 - In an example of FIG. 23, a wireless device may be allowed to transmit an RRC message comprising MUSIM gap information, for setup or release or modify of gaps, which the wireless device prefers. The wireless device may map the timing info of the gap on the second network to the first network and report the mapped timing info to the first network. For the MUSIM gap information, the gap start time, duration of the gap and gap repetition period (for periodic) may be included.)
Yet, Kim1 does not expressly teach wherein a second signaling is RRCReconfiguration; the position of the first field in the first signaling belongs to the first position set, whether the first gap is applied to an MCG or an SCG is unrelated to a position of the second field in the second signaling.
However, in the analogous art, Kim2 explicitly discloses wherein a second signaling is RRCReconfiguration; the position of the first field in the first signaling belongs to the first position set, whether the first gap is applied to an MCG or an SCG is unrelated to a position of the second field in the second signaling (paragraphs 0227 to 0230 - [0227] The third message can be RRCReconfiguration message. … [0230] GapFR2 and gapFR1 and gapUE are defined as SetupRelease. If gapFR2(or gapFR1 or gapUE) is set to “setup”, a gapConfig IE is included in the gapFR2(or gapFR1 or gapUE) and a FR2-gap (or FR1-gap or UE-gap) is setup. If gapFR2(or gapFR1 or gapUE) is set to “release”, corresponding gapConfig is released.). The release or setup is not dependent on being MCG or SCG.
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Kim2's RRCreconfiguration to inform nodes of gaps configuration.
Regarding Claim 8, Kim1 teaches claim 2.
Kim1 further teaches comprising: the first receiver, after the first signaling, receiving a second signaling, the second signaling comprising a second field, and the second field being used to indicate releasing the first gap; (paragraph 0403 - In an example of FIG. 23, a wireless device may be allowed to transmit an RRC message comprising MUSIM gap information, for setup or release or modify of gaps, which the wireless device prefers. The wireless device may map the timing info of the gap on the second network to the first network and report the mapped timing info to the first network. For the MUSIM gap information, the gap start time, duration of the gap and gap repetition period (for periodic) may be included.)
Yet, Kim1 does not expressly teach wherein a second signaling is RRCReconfiguration; the position of the first field in the first signaling belongs to the first position set, whether the first gap is applied to an MCG or an SCG is unrelated to a position of the second field in the second signaling.
However, in the analogous art, Kim2 explicitly discloses wherein a second signaling is RRCReconfiguration; the position of the first field in the first signaling belongs to the first position set, whether the first gap is applied to an MCG or an SCG is unrelated to a position of the second field in the second signaling. (paragraphs 0227 to 0230 - [0227] The third message can be RRCReconfiguration message. … [0230] GapFR2 and gapFR1 and gapUE are defined as SetupRelease. If gapFR2(or gapFR1 or gapUE) is set to “setup”, a gapConfig IE is included in the gapFR2(or gapFR1 or gapUE) and a FR2-gap (or FR1-gap or UE-gap) is setup. If gapFR2(or gapFR1 or gapUE) is set to “release”, corresponding gapConfig is released.). The release or setup is not dependent on being MCG or SCG.
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Kim2's RRCreconfiguration to inform nodes of gaps configuration.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Chervyakov et al. (U.S. PGPub 2021/0329618), Chervyakov hereinafter, and further in view of Kim et al. (U.S. PGPub 2023/0403550), Kim2 hereinafter.
Regarding Claim 9, Kim1 in view of Chervyakov teaches claim 3.
Kim1 further teaches comprising: the first receiver, after the first signaling, receiving a second signaling, the second signaling comprising a second field, and the second field being used to indicate releasing the first gap; (paragraph 0403 - In an example of FIG. 23, a wireless device may be allowed to transmit an RRC message comprising MUSIM gap information, for setup or release or modify of gaps, which the wireless device prefers. The wireless device may map the timing info of the gap on the second network to the first network and report the mapped timing info to the first network. For the MUSIM gap information, the gap start time, duration of the gap and gap repetition period (for periodic) may be included.)
Yet, Kim1 does not expressly teach wherein a second signaling is RRCReconfiguration; the position of the first field in the first signaling belongs to the first position set, whether the first gap is applied to an MCG or an SCG is unrelated to a position of the second field in the second signaling
However, in the analogous art, Kim2 explicitly discloses wherein a second signaling is RRCReconfiguration; the position of the first field in the first signaling belongs to the first position set, whether the first gap is applied to an MCG or an SCG is unrelated to a position of the second field in the second signaling (paragraphs 0227 to 0230 - [0227] The third message can be RRCReconfiguration message. … [0230] GapFR2 and gapFR1 and gapUE are defined as SetupRelease. If gapFR2(or gapFR1 or gapUE) is set to “setup”, a gapConfig IE is included in the gapFR2(or gapFR1 or gapUE) and a FR2-gap (or FR1-gap or UE-gap) is setup. If gapFR2(or gapFR1 or gapUE) is set to “release”, corresponding gapConfig is released.). The release or setup is not dependent on being MCG or SCG.
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Kim2's RRCreconfiguration to inform nodes of gaps configuration.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Abraham et al. (U.S. PGPub 2025/0008361), Abraham hereinafter.
Regarding Claim 11, Kim1 teaches claim 1.
Yet, Kim1 does not expressly teach wherein whether the first gap set is applied to an SCG is unrelated to whether an SCG of the first node is activated.
However, in the analogous art, Abraham explicitly discloses whether the first gap set is applied to an SCG is unrelated to whether an SCG of the first node is activated (paragraph 0064 - … Further, measurements gap configuration as described in the embodiments in the disclosure are also applicable to Dual-Rx/Dual-Tx UEs, which may undergo SCG deactivation/activation/suspension/release and/or change in number of Rx/Tx links and/or capability for the supported band combinations/compatible band combinations and/or frequency ranges etc.). Applied irrespective of activation, deactivation, suspension or release.
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Abraham's measurement gap configuration in multiple circumstances to improve NR performance for Dual connectivity in the wireless network. (paragraph 0008 Abraham).
Regarding Claim 12, Kim1 teaches claim 2.
Yet, Kim1 does not expressly teach wherein whether the first gap set is applied to an SCG is unrelated to whether an SCG of the first node is activated.
However, in the analogous art, Abraham explicitly discloses whether the first gap set is applied to an SCG is unrelated to whether an SCG of the first node is activated (paragraph 0064 - … Further, measurements gap configuration as described in the embodiments in the disclosure are also applicable to Dual-Rx/Dual-Tx UEs, which may undergo SCG deactivation/activation/suspension/release and/or change in number of Rx/Tx links and/or capability for the supported band combinations/compatible band combinations and/or frequency ranges etc.). Applied irrespective of activation, deactivation, suspension or release.
The motivation regarding to the obviousness of claim 11 is also applied to claim 12.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Chervyakov et al. (U.S. PGPub 2021/0329618), Chervyakov hereinafter, and further in view of Abraham et al. (U.S. PGPub 2025/0008361), Abraham hereinafter.
Regarding Claim 13, Kim1 in view of Chervyakov teaches claim 3.
Yet, Kim1 in view of Chervyakov does not expressly teach wherein whether the first gap set is applied to an SCG is unrelated to whether an SCG of the first node is activated..
However, in the analogous art, Abraham explicitly discloses whether the first gap set is applied to an SCG is unrelated to whether an SCG of the first node is activated (paragraph 0064 - … Further, measurements gap configuration as described in the embodiments in the disclosure are also applicable to Dual-Rx/Dual-Tx UEs, which may undergo SCG deactivation/activation/suspension/release and/or change in number of Rx/Tx links and/or capability for the supported band combinations/compatible band combinations and/or frequency ranges etc.). Applied irrespective of activation or deactivation, suspension or release.
The motivation regarding to the obviousness of claim 11 is also applied to claim 13.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Ozturk et al. (U.S. PGPub 2023/0127705), Ozturk hereinafter.
Regarding Claim 14, Kim1 teaches claim 1.
Yet, Kim1 does not expressly teach comprising: a first receiver, determining an occurrence of Radio Link Failure (RLF) in a first cell group, and as a response to the behavior of determining an occurrence of RLF in a first cell group, releasing the first gap set wherein a cell group to which the first gap set is applied comprises the first cell group.
However, in the analogous art, Ozturk explicitly discloses comprising: a first receiver, determining an occurrence of Radio Link Failure (RLF) in a first cell group, and as a response to the behavior of determining an occurrence of RLF in a first cell group, releasing the first gap set; (paragraph 0187 - In a fifth aspect, alone or in combination with any of the first to third aspects, wherein, in the second procedure, the processor and the memory are further configured to, at least one of: transmit secondary cell group (SCG) failure information after the time gap terminates due to expiration of the time gap or early termination by the UE, in response to determining that the radio link failure occurs on a primary SCG cell (PSCell) associated with the first USIM; or perform cell selection and re-establishment after the time gap terminates due to expiration of the time gap or early termination by the UE, in response to determining that the radio link failure occurs on a primary serving cell (PCell) associated with the first USIM.)
wherein a cell group to which the first gap set is applied comprises the first cell group (paragraph 0137 - The UE 1002 performs radio link monitoring (RLM) on an active downlink (DL) BWP of the primary serving cell (PCell) of the master cell group (MCG). If the UE is configured with a secondary cell group (SCG), then the UE also monitors downlink radio link quality on the active DL BWP of the primary SCG Cell (PSCell). PCell and PSCell are collectively known as SpCell (Special Cell). Radio link failure (RLF) occurs when the UE is not able to find any suitable beam or BPL to recover or maintain the connection between the network entity 1004 and UE 1002 using beam failure recovery (BFR). The UE may use one or more timers (or counters) in radio link monitoring (RLM) and beam failure detection (BFD) procedures. For example, the UE may start a BFD timer as soon as a beam failure instance (BFI) is detected and keeps incrementing a BFD counter by 1 for every BFI detected. When the BFD counter reaches a predetermined threshold (e.g., maximum BFI count), a beam failure recovery process is triggered. If the timer expires without triggering beam failure recovery, the UE can assume that there is no more BFD and can reset the BFD counter. In some aspects, the UE can start a RLM timer as soon as radio link failure is detected and keeps incrementing a RLM timer by 1 for every radio link failure detected. When the RLM counter reaches a predetermined threshold (e.g., maximum RLM count), a radio link failure recovery process can be triggered.)
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Ozturk's response to radio link failure to adapt the system to changing radio condition to improve reliability.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Lee et al. (U.S. PGPub 2023/0048297), Lee hereinafter.
Regarding Claim 15, Kim1 teaches claim 1.
Yet, Kim1 does not expressly teach wherein whether the first field indicates an identity of the first gap is related to whether the first gap is an aperiodic gap; when the first gap is an aperiodic gap, the first field does not indicate an identity of the first gap; when the first gap is a periodic gap, the first field indicates an identity of the first gap. .
However, in the analogous art, Lee explicitly discloses whether the first field indicates an identity of the first gap is related to whether the first gap is an aperiodic gap; when the first gap is an aperiodic gap, the first field does not indicate an identity of the first gap; when the first gap is a periodic gap, the first field indicates an identity of the first gap (paragraph 0163 - In some implementations, a UE may send a MAC CE to a network (e.g., NWA) to suggest/indicate activating/deactivating configured periodic/aperiodic gap pattern(s)/gap configuration(s). For example, after receiving a gap pattern/gap configuration, a UE may send a Gap Activation/Deactivation MAC CE to activate the gap pattern/gap configuration by setting the associated G.sub.i field of the gap pattern/gap configuration to a specific value (e.g., 1). For example, a UE may send a MAC CE containing a G.sub.1 field with a value of “1” to NWA to activate periodic gap pattern/gap configuration associated with the G.sub.1 field. For example, a UE may send a MAC CE containing a G.sub.2 field with a value of 0 to NWA to deactivate aperiodic gap pattern/gap configuration associated with the G.sub.2 field.).
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Lee's aperiodic gap configuration for better flexibility and adaptability to dynamic conditions.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( U.S. PGPUB 2024/0129711), Kim1 hereinafter, in view of Lee et al. (U.S. PGPub 20240365370) Liu hereinafter.
Regarding Claim 16, Kim1 teaches claim 1.
Yet, Kim1 does not expressly teach wherein whether the first gap set is applied to an SCG is related to whether an SCG of the first node is activated, only when an SCG of the first node is activated, the first gap set is applied to an SCG.
However, in the analogous art, Liu explicitly discloses whether the first gap set is applied to an SCG is related to whether an SCG of the first node is activated, only when an SCG of the first node is activated, the first gap set is applied to an SCG (paragraphs 0222, 0223 and 0251 to 0262 - [0222] The network side device determines that the priority of the MUSIM Gap is higher than the priority of the Gap for another purpose. The MUSIM Gap includes at least one of: [0223] a MUSIM periodic Gap; and [0224] a MUSIM aperiodic Gap. .... [0251] In at least one embodiment of this application, the Gap type includes at least one of: [0252] a preconfigured Gap; [0253] a parallel Gap; [0254] a Gap configured with an association relationship; [0255] a network controlled small Gap (NCSG); [0256] an autonomous Gap; [0257] a positioning Gap for positioning measurement; [0258] a MUSIM Gap; [0259] an uplink Gap, wherein during the uplink Gap, the network side device stops uplink transmission; [0260] a measurement Gap not configured with an association relationship; [0261] a Gap of a master cell group (MCG); and [0262] a Gap of a secondary cell group (SCG). ... [0282] ... The second configuration information may be transmitted through measurement configuration information or a system message. ). Part of the parameters indicates gap of MCG or SCG.
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 Kim1’s Multi-Universal Subscriber Identity Module Gap to include Liu's indication of aperiodic gap application to an MCG or an SCG to improve reliability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes:
U.S. PGPUB 2022/0104163 which describes method and apparatus for connection management in wireless communication system
U.S. PGPUB 2024/0172096 which describes measurement gap (mg) and interruption design for system information (si) reading in multiple universal subscriber identity module (musim)
U.S. PGPUB 2024/0188176 which describes method and apparatus by which user equipment manages short-time switching gap configuration information in mobile communication system
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