DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. Acknowledgment is made of Applicant’s submission of amendment/request with remarks/arguments, dated October 27, 2025. Claims 1-6 remain pending. This communication is considered fully responsive and sets forth below.
Claim Rejections - 35 USC § 103
3. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
4. Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. (US 2011/0237202) in view of Hirano et al. (US 2012/0051329).
Regarding claim 1, Uemura et al. teach the user apparatus in a communication system comprising the user apparatus and a base station configured to wirelessly communicate with the user apparatus (paragraph [0134] lines 1-11; Examiner’s Notes: mobile station apparatus 90 depicted in FIG. 9 of the prior art teaches the limitation of “user apparatus;” base station/network 91 depicted in FIG. 9 of the prior art teaches the limitation of “a base station;”
in fact, mobile station apparatus 90 communicating with base station/network 91 wirelessly, as illustrated in FIG. 9 of the prior art teaches the limitation of “user apparatus in a communication system comprising the user apparatus and a base station configured to wirelessly communicate with the user apparatus” in the instant application), wherein
the user apparatus receives, from the base station, gap configuration information (paragraph [0135] lines 1-22; Examiner’s Notes: measurement gap indication in the prior art teaches the limitation of “gap configuration information;”
in fact, mobile station apparatus 90 receiving measurement gap indication from base station/network 91, as step S21 illustrated in FIG. 9 of the prior art teaches the limitation of “the user apparatus receives, from the base station, gap configuration information” in the instant application)
that sets measurement gaps for a first frequency band and a second frequency band different from the first frequency band (paragraph [0134] lines 1-11; Examiner’s Notes: the bandwidths, e.g., a BAND 61 and a different BAND 62 in the state of Time 63 as illustrated in FIG. 6 of the prior art teaches the limitation of “a first frequency band and a second frequency band different from the first frequency band;”
in fact, the measurement cap indication message, e.g., S21 in FIG. 9, indicating/setting measurement gaps for different bandwidths, e.g., a BAND 61 and a BAND 62 in the state of Time 63 as illustrated in FIG. 6 of the prior art teaches the limitation of “that sets measurement gaps for a first frequency band and a second frequency band different from the first frequency band” in the instant application), and
performs a measurement in accordance with the gap configuration information received from the base station (paragraph [0135] lines 1-12; Examiner’s Notes: mobile station apparatus 90 performing measurement processing based on the measurement gap indication received from base station/network 91, as step S23 illustrated in FIG. 9 of the prior art teaches the limitation of “performs a measurement in accordance with the gap configuration information received from the base station” in the instant application).
Uemura et al. teach the user apparatus without explicitly teaching setting measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band.
Hirano et al. from the same or similar field of endeavor teach implementing fairness of the method, that sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band (paragraphs [0064] lines 1-9 & [0065] lines 1-7; Examiner’s Notes: the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band;”
in fact, configuring/setting the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “that sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band” in the instant application).
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Hirano et al. in the system of Uemura et al.
The motivation for implementing setting measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band, is to further enhance the mechanism for a base station, wherein the base station comprises a measurement report receiving unit which receives a measurement report transmitted from a mobile terminal which is performing communication by using a plurality of bands through Band Aggregation, a handover determining unit which determines whether or not handover is required, based on the measurement report, and a gap period setting unit which, if it is determined that the handover is required, configures a gap period in which the communication is temporarily switched to a band different from a band in communication, in order to search for a band which is a destination of the handover.
Regarding claim 2, Uemura et al. teach the base station in a communication system comprising a user apparatus and the base station configured to wirelessly communicate with the user apparatus (paragraph [0134] lines 1-11; Examiner’s Notes: mobile station apparatus 90 depicted in FIG. 9 of the prior art teaches the limitation of “user apparatus;” base station/network 91 depicted in FIG. 9 of the prior art teaches the limitation of “base station;”
in fact, mobile station apparatus 90 communicating with base station/network 91 wirelessly, as illustrated in FIG. 9 of the prior art teaches the limitation of “base station in a communication system comprising a user apparatus and the base station configured to wirelessly communicate with the user apparatus” in the instant application), wherein
the base station notifies the user apparatus of gap configuration information (paragraph [0135] lines 1-22; Examiner’s Notes: measurement gap indication in the prior art teaches the limitation of “gap configuration information;”
in fact, mobile station apparatus 90 receiving measurement gap indication from base station/network 91, as step S21 illustrated in FIG. 9 of the prior art teaches the limitation of “the base station notifies the user apparatus of gap configuration information” in the instant application)
that sets measurement gaps for a first frequency band and a second frequency band different from the first frequency band (paragraph [0134] lines 1-11; Examiner’s Notes: the bandwidths, e.g., a BAND 61 and a different BAND 62 in the state of Time 63 as illustrated in FIG. 6 of the prior art teaches the limitation of “a first frequency band and a second frequency band different from the first frequency band;”
in fact, the measurement cap indication message, e.g., S21 in FIG. 9, indicating/setting measurement gaps for different bandwidths, e.g., a BAND 61 and a BAND 62 in the state of Time 63 as illustrated in FIG. 6 of the prior art teaches the limitation of “that sets measurement gaps for a first frequency band and a second frequency band different from the first frequency band” in the instant application).
Uemura et al. teach the user apparatus without explicitly teaching setting measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band.
Hirano et al. from the same or similar field of endeavor teach implementing fairness of the method, that sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band (paragraphs [0064] lines 1-9 & [0065] lines 1-7; Examiner’s Notes: the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band;”
in fact, configuring/setting the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “that sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band” in the instant application).
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Hirano et al. in the system of Uemura et al.
The motivation for implementing setting measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band, is to further enhance the mechanism for a base station, wherein the base station comprises a measurement report receiving unit which receives a measurement report transmitted from a mobile terminal which is performing communication by using a plurality of bands through Band Aggregation, a handover determining unit which determines whether or not handover is required, based on the measurement report, and a gap period setting unit which, if it is determined that the handover is required, configures a gap period in which the communication is temporarily switched to a band different from a band in communication, in order to search for a band which is a destination of the handover.
Regarding claim 3, Uemura et al. teach the communication system (paragraph [0134] lines 1-11; Examiner’s Notes: the network system, comprising mobile station apparatus 90 and base station/network 91 as illustrated in FIG. 9 of the prior art teaches the limitation of “communication system” in the instant application) comprising:
a user apparatus (paragraph [0134] lines 1-11; Examiner’s Notes: mobile station apparatus 90 depicted in FIG. 9 of the prior art teaches the limitation of “user apparatus” in the instant application); and
a base station configured to wirelessly communicate with the user apparatus (paragraph [0134] lines 1-11; Examiner’s Notes: base station/network 91 depicted in FIG. 9 of the prior art teaches the limitation of “a base station;”
in fact, mobile station apparatus 90 communicating with base station/network 91 wirelessly, as illustrated in FIG. 9 of the prior art teaches the limitation of “a base station configured to wirelessly communicate with the user apparatus” in the instant application), wherein
the base station notifies the user apparatus of gap configuration information (paragraph [0135] lines 1-22; Examiner’s Notes: measurement gap indication in the prior art teaches the limitation of “gap configuration information;”
in fact, mobile station apparatus 90 receiving measurement gap indication from base station/network 91, as step S21 illustrated in FIG. 9 of the prior art teaches the limitation of “the base station notifies the user apparatus of gap configuration information” in the instant application)
that sets measurement gaps for a first frequency band and a second frequency band different from the first frequency band (paragraph [0134] lines 1-11; Examiner’s Notes: the bandwidths, e.g., a BAND 61 and a different BAND 62 in the state of Time 63 as illustrated in FIG. 6 of the prior art teaches the limitation of “a first frequency band and a second frequency band different from the first frequency band;”
in fact, the measurement cap indication message, e.g., S21 in FIG. 9, indicating/setting measurement gaps for different bandwidths, e.g., a BAND 61 and a BAND 62 in the state of Time 63 as illustrated in FIG. 6 of the prior art teaches the limitation of “that sets measurement gaps for a first frequency band and a second frequency band different from the first frequency band” in the instant application), and
the user apparatus performs a measurement in accordance with the gap configuration information received from the base station (paragraph [0135] lines 1-12; Examiner’s Notes: mobile station apparatus 90 performing measurement processing based on the measurement gap indication received from base station/network 91, as step S23 illustrated in FIG. 9 of the prior art teaches the limitation of “the user apparatus performs a measurement in accordance with the gap configuration information received from the base station” in the instant application).
Uemura et al. teach the user apparatus without explicitly teaching setting measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band.
Hirano et al. from the same or similar field of endeavor teach implementing fairness of the method, that sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band (paragraphs [0064] lines 1-9 & [0065] lines 1-7; Examiner’s Notes: the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band;”
in fact, configuring/setting the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “that sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band” in the instant application).
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Hirano et al. in the system of Uemura et al.
The motivation for implementing setting measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band, is to further enhance the mechanism for a base station, wherein the base station comprises a measurement report receiving unit which receives a measurement report transmitted from a mobile terminal which is performing communication by using a plurality of bands through Band Aggregation, a handover determining unit which determines whether or not handover is required, based on the measurement report, and a gap period setting unit which, if it is determined that the handover is required, configures a gap period in which the communication is temporarily switched to a band different from a band in communication, in order to search for a band which is a destination of the handover.
Allowable Subject Matter
5. Claims 4-6 are objected to as being dependent upon a rejected base claim 1, 2 or 3, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claim(s).
Regarding claim 4, the prior art in single or in combination fails to teach "wherein the user apparatus does not receive data during the measurement,” in combination with other limitation of the claim(s).
Claims 5 and 6 include similar limitations.
Response to Remarks/Arguments
6. Claims Art Rejections: Applicants’ amendments/request with arguments filed October 27, 2025 have been fully considered and they are not persuasive.
In the response, somehow Applicants’ arguments were based on features/paragraphs that were not cited in the previous office action, such as paragraph [0036] of Uemura et al. (US 2011/0237202). See the following for detail explanation:
On pages 2-3 of the Response with respects to claim 1, Applicants assert the prior art doesn't teach “the user apparatus receives, from the base station, gap configuration information that
sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band, and
performs a measurement in accordance with the gap configuration information received from the base station.”
The prior art teaches that FIG. 9 is a diagram showing an example of a sequence chart illustrating Inter-Frequency Measurement with the need for gap control. FIG. 9 shows gap control in the Carrier Aggregation state. It is assumed that a mobile station apparatus of this Example has at least a reception bandwidth wider than 20 MHz, while having the capability enabling Carrier Aggregation. Further, it is assumed that the mobile station apparatus is in the Carrier Aggregation state (step S19) with all the reception bandwidths being used (the state of Time 63 in FIG. 6). A network in the figure includes base station apparatuses, control stations and upper control station (paragraph [0134] lines 1-11, Uemura et al.; Examiner’s Notes: mobile station apparatus 90 depicted in FIG. 9 of the prior art teaches the limitation of “user apparatus” in the instant application; base station/network 91 depicted in FIG. 9 of the prior art teaches the limitation of “the base station”). The network 91 performs Aggregation preliminarily determination processing in a periodical or event manner (step 20), and when it is determined that the state requires the reconfiguration of Carrier Aggregation, transmits a measurement gap indication message to the mobile station apparatus (step S21). The mobile station apparatus 90 transmits a measurement gap complete report to the network 91 (step S22), performs the Inter-Frequency Measurement processing based on the control information indicated by the measurement gap indication message (step S23), and includes the measurement result of the Inter-Frequency Measurement in a measurement report message to transmit (step S24). The network 91 receives the measurement report message, performs the Aggregation determination processing based on the measurement result (step S25), and in the case of performing the reconfiguration of Carrier Aggregation, includes information for changing the Aggregation state of the mobile station apparatus in an Aggregation reconfiguration message to transmit (step S26). The mobile station apparatus 91 performs the reconfiguration according to the designated information, while transmitting an Aggregation reconfiguration complete message to the network (step S27) (paragraph [0135] lines 1-22, Uemura et al.; Examiner’s Notes: measurement gap indication in the prior art teaches the limitation of “gap configuration information;” in fact, mobile station apparatus 90 receiving measurement gap indication from base station/network 91, as step S21 illustrated in FIG. 9 of the prior art teaches the limitation of “the user apparatus receives, from the base station, gap configuration information” in the instant application).
FIG. 5 is a diagram showing an example of simultaneously configuring the gap periods for two different frequencies. In this way, if there are the plurality of frequencies f2 and f4 which are measurement objects, the gap periods at the frequencies f1 and f3 may be nearly simultaneously configured. The base station 10 indicates either single gap configuration or measurement of different frequency so that the mobile terminal can simultaneously perform the quality measurement of a plurality of different frequencies, and thus an amount of the signaling can be reduced (paragraph [0064] lines 1-9, Hirano et al.; Examiner’s Notes: the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band;” in fact, configuring/setting the measurement gap periods in time for different frequencies in the prior art teaches the limitation of “that sets measurement gaps which are gaps in time for a first frequency band and a second frequency band different from the first frequency band” in the instant application).
The prior art further teaches that, if the mobile terminal 20 is performing the communication by using the three frequencies f1, f2 and f3, the gap periods for measuring the reception quality of the frequency f4 may be configured at the frequencies f1, f2 and f3 so that the interval between the gaps is three times as long as the interval in the case where the gap periods are configured at the single frequency f1 (paragraph [0065] lines 1-7, Hirano et al.; Examiner’s Notes: mobile terminal 20 performing/measuring regards to the gap configuration received from base station 10, as illustrated in FIG. 1, in the prior art teaches the limitation of “performs a measurement in accordance with the gap configuration information received from the base station” as Applicants argured).
Based on the fact, Examiner respectfully disagrees that the prior art cited does not teach the independent claim 1 as mentioned by Applicants. The elements of independent claims 2 and 3 that Applicants argued are similar to claim 1’s, so the cited passages also teach claims 2 and 3.
Conclusion
7. THIS ACTION IS MADE FINAL. 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 extension fee 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 WEI ZHAO whose telephone number is 571-270-5672. The examiner can normally be reached from 8:00AM to 5:00PM Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAE Y. LEE can be reached on 571-272-31826. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WEI ZHAO/ Primary Examiner, Art Unit 2473