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 .
The instant communication is in response to communication filed on 09/01/2023.
Claims 1-20 are pending of which claims 1, 11, 19 and 20 are independent.
The IDS(s) submitted on 09/01/2023 and 10/30/2024 has been considered and found to be relevant.
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Further, until a certified English translation of the foreign application is submitted the effective priority date is 03/02/2022. However, references applied in the rejection have priority earlier than the foreign priority date of 03/04/2021.
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
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 (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 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)(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.
Claim(s) 1, 2, 3, 11, 12, 13, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al (US 20220217675 A1, and all citing are fully supported by the provisional application no. 63/134939 on which support for priority is based on.).
Regarding claim 1, Chen discloses a gap configuration method (i.e. Figs. 1-3), comprising:
receiving, by a terminal (i.e. Fig. 1 UE ), first configuration information transmitted by a
network-side device (i.e. Network A/Network first of Fig. 1 is the network side device - sends scheduling gap configuration and measurement gap configuration to the UE per paragraphs 10 and 20), wherein the first configuration information (i.e. paragraph 80 UE receives MeasGapConfig information element for scheduling two separate gap configurations , one gap is a measurement gap and another gap is a non-measurement gap configured as a scheduling gap) comprises configuration information of a target gap; ( paragraph 80 indicates “…a UE may receive a measurement gap configuration including the information/parameters related to measurement gaps(s). In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) can be used for receiving a paging from another network. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for receiving a paging from another network only.”) and
executing, by the terminal, a target task (per paragraph 80 the target task is the UE performing measurement as a task for the measurement gap and receiving message as a task for the scheduling gap – see also paragraph 82) and based on the configuration information of the target gap; (See paragraph 082 stating “… In some implementations, the configuration related to the scheduling gap (or measurement gap) configured to receive a paging from another network may be broadcast in system information or transmitted via dedicated signaling. In some implementations, if only one measurement gap is configured and/or the UE is operating in multi-SIM operation, the UE may use the measurement gap for measurements and/or receiving paging from another network based on pre-defined rule(s), pre-configuration(s))
wherein the target task comprises a measurement task and/or a non-measurement
task. (i.e. See last sentence of paragraph 80 stating “… In some implementations, a measurement gap configuration (e.g., MeasGapConfig) may include two separate gap configurations, one is for measurements purpose and the other one is for receiving a paging from another network.)
Regarding claim 2, Chen discloses the gap configuration method according to claim 1, wherein the target task comprises: a multi-SIM task (see paragraph 82 for multi-SIM tasks being conducting measurement performance as a first task for the measurement gap and receiving paging message as a second task for the non-measurement gap being scheduling gap), wherein the multi-SIM task is a measurement task and/or a non-measurement task of other terminals (See paragraph 80 and 82 and in paragraph 80 stating in the last sentence of paragraph “… In some implementations, a measurement gap configuration (e.g., MeasGapConfig) may include two separate gap configurations, one is for measurements purpose and the other one is for receiving a paging from another network.) and the other terminals are associated with the terminal. (Applicant ‘s entire specification discloses the non-measurement task of other terminals associated with the terminal without any explanation or example and Chen’s receiving paging messages from neighboring cells as non-measurement task and measuring signal quality of a neighboring cell are task of neighboring cells and the terminals associated with the neighboring cells qualify as the other terminals and are related to the measuring and receiving terminal based on being neighbors. See paragraph 82 last two sentences stating “… the UE may first use the measurement gap to receive a paging from another network. If there is no paging occasion(s) in the measurement gap, the UE may use this measurement gap to perform measurements (e.g., measure the signal qualify of a neighboring cell).”)
Regarding claim 11, Chen discloses a gap configuration method (Figs. 1-3), comprising:
determining, by a network-side device(i.e. Network A/Network first of Fig. 1 is the network side device), configuration information of a target gap;
and
transmitting, by the network-side device, first configuration information to a
terminal(i.e. paragraph 80 UE/terminal receives MeasGapConfig information element for scheduling two separate gap configurations , one gap is a measurement gap and another gap is a non-measurement gap configured as a scheduling gap), wherein the first configuration information comprises the configuration information of the target gap( paragraph 80 indicates “…a UE may receive a measurement gap configuration including the information/parameters related to measurement gaps(s). In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) can be used for receiving a paging from another network. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for receiving a paging from another network only.”) ;
wherein the configuration information of the target gap is used for instructing the
terminal to execute a target task at the target gap(See paragraph 082 stating “… In some implementations, the configuration related to the scheduling gap (or measurement gap) configured to receive a paging from another network may be broadcast in system information or transmitted via dedicated signaling. In some implementations, if only one measurement gap is configured and/or the UE is operating in multi-SIM operation, the UE may use the measurement gap for measurements and/or receiving paging from another network based on pre-defined rule(s), pre-configuration(s)), and the target task comprises a measurement
task and/or a non-measurement task. (i.e. See last sentence of paragraph 80 stating “… In some implementations, a measurement gap configuration (e.g., MeasGapConfig) may include two separate gap configurations, one is for measurements purpose and the other one is for receiving a paging from another network.)
Regarding claim 12, Chen discloses the gap configuration method according to claim 11, wherein the target task comprises:
a multi-SIM task (see paragraph 82 for multi-SIM tasks being conducting measurement performance as a first task for the measurement gap and receiving paging message as a second task for the non-measurement gap being scheduling gap), wherein the multi-SIM task is a measurement task and/or a non-measurement task of other terminals (See paragraph 80 and 82 and in paragraph 80 stating in the last sentence of paragraph “… In some implementations, a measurement gap configuration (e.g., MeasGapConfig) may include two separate gap configurations, one is for measurements purpose and the other one is for receiving a paging from another network.) and the other terminals are associated with the terminal. (Applicant ‘s entire specification discloses the non-measurement task of other terminals associated with the terminal without any explanation or example and Chen’s receiving paging messages from neighboring cells as non-measurement task and measuring signal quality of a neighboring cell are task of neighboring cells and the terminals associated with the neighboring cells qualify as the other terminals and are related to the measuring and receiving terminal based on being neighbors. See paragraph 82 last two sentences stating “… the UE may first use the measurement gap to receive a paging from another network. If there is no paging occasion(s) in the measurement gap, the UE may use this measurement gap to perform measurements (e.g., measure the signal qualify of a neighboring cell).”)
Regarding Claim 19, Chen discloses a terminal (i.e. Fig. 1 UE and Fig. 2 node 100 being a UE per paragraph 104), comprising a processor (Fig. 2 processor 128), a memory (Fig. 2 memory 134), and a program or instruction stored on the memory (i.e. Fig. 2 instructions 132 stored in Memory 134) and executable on the processor, wherein the program or instruction, when executed by the processor, (Fig. 2 processor 128) causes the terminal (i.e. Fig. 1 UE and Fig. 2 node 100 being a UE per paragraph 104)to perform:
receiving first configuration information transmitted by a
network-side device (i.e. Network A/Network first of Fig. 1 is the network side device - sends scheduling gap configuration and measurement gap configuration to the UE per paragraphs 10 and 20), wherein the first configuration information (i.e. paragraph 80 UE receives MeasGapConfig information element for scheduling two separate gap configurations , one gap is a measurement gap and another gap is a non-measurement gap configured as a scheduling gap) comprises configuration information of a target gap; ( paragraph 80 indicates “…a UE may receive a measurement gap configuration including the information/parameters related to measurement gaps(s). In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) can be used for receiving a paging from another network. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for receiving a paging from another network only.”) and
executing a target task (per paragraph 80 the target task is the UE performing measurement as a task for the measurement gap and receiving message as a task for the scheduling gap – see also paragraph 82) and based on the configuration information of the target gap; (See paragraph 082 stating “… In some implementations, the configuration related to the scheduling gap (or measurement gap) configured to receive a paging from another network may be broadcast in system information or transmitted via dedicated signaling. In some implementations, if only one measurement gap is configured and/or the UE is operating in multi-SIM operation, the UE may use the measurement gap for measurements and/or receiving paging from another network based on pre-defined rule(s), pre-configuration(s))
wherein the target task comprises a measurement task and/or a non-measurement task. (i.e. See last sentence of paragraph 80 stating “… In some implementations, a measurement gap configuration (e.g., MeasGapConfig) may include two separate gap configurations, one is for measurements purpose and the other one is for receiving a paging from another network.)
Regarding claim 20, claim 20 is rejected in the same scope as claim 11.
Regarding claim 3, Chen discloses the gap configuration method according to claim 1, wherein the configuration information of the target gap (i.e. Per Applicant’s specification paragraphs 74-75 and 132-134, independent target gap is any gap configured separately whereas the non-independent targe ) comprises: configuration information for configuring an independent target gap (Per paragraph 80, first and last sentences, the measurement gap and the scheduling gap are configured separately independent of one another.); wherein the independent target gap is configured separately (Last sentence of paragraph of 80 states “…In some implementations, a measurement gap configuration (e.g., MeasGapConfig) may include two separate gap configurations, one is for measurements purpose and the other one is for receiving a paging from another network.”), or the independent target gap is configured together with at least one measurement gap.(In paragraph 82 it is disclosed that one target gap is configured to be used as a measurement gap and scheduling gap In paragraph 82. Paragraph 82 states in particular “… In some implementations, if only one measurement gap is configured and/or the UE is operating in multi-SIM operation, the UE may use the measurement gap for measurements and/or receiving paging from another network…”)
Regarding claim 13, claim 13 is rejected in the same scope as claim 3.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4, 6, 8, 9, 14, 15, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Zheng et al (US 20220174623 A1)
Regarding claim 4, Chen discloses the gap configuration method according to claim 3, Chen further discloses wherein the executing a target task based on the configuration information of the target gap comprises: using the configuration information of the independent target gap. (per paragraph 80 the target task is the UE performing measurement as a task for the measurement gap and receiving message as a task for the scheduling gap – see also paragraph 82 stating “… In some implementations, the configuration related to the scheduling gap (or measurement gap) configured to receive a paging from another network may be broadcast in system information or transmitted via dedicated signaling. In some implementations, if only one measurement gap is configured and/or the UE is operating in multi-SIM operation, the UE may use the measurement gap for measurements and/or receiving paging from another network based on pre-defined rule(s), pre-configuration(s)))
Chen however fails to disclose
wherein configuration information of the independent target gap comprises at least one of: a reference service cell where the target gap is located, and/or a cell group where the target gap is located;
an offset of the target gap; a length of the target gap;
a period of the target gap; or
a frequency range of the target gap; wherein the executing a target task based on the configuration information of the target gap comprises: using the configuration information of the independent target gap; and ignoring configuration information in a same cell with the configuration information of the independent target gap and configuring a same information type as the configuration information of the target gap.
Zheng in the same endeavor discloses wherein configuration information of the independent target gap comprises at least one of: a reference service cell where the target gap is located, and/or a cell group where the target gap is located (In paragraphs 4, 162 and 231 it is stated that the measurement gap is located in the serving cell);
an offset of the target gap; (i.e. Paragraph 164 states verbatim “GapOffset indicates an offset of the measurement gap”)
a length of the target gap; (i.e. [0166] MGL indicates a length of the measurement gap, in milliseconds (ms).)
a period of the target gap; (i.e. [0167] (4) Gap Repetition Periodicity (MGRP)
[0168] MGRP indicates a repetition period of the measurement gap, in ms. See also paragraph 52) or
a frequency range of the target gap (i.e. [0151] (1) Measurement Gap Type
[0152] Gap types include gapUE, gapFR1 and gapFR2. GapUE indicates a UE-level measurement gap (per-UE gap). GapFR1 indicates a frequency range FR1-level measurement gap. GapFR2 indicates a frequency range FR2-level measurement gap. [0153] An FR1 and an FR2 are two spectrum ranges (frequency ranges, FRs). In the 3GPP protocol, overall spectrum resources of 5G may be divided into two frequency bands: the FR1 and the FR2.) ;
wherein the executing a target task based on the configuration information of the target gap comprises: and ignoring configuration information in a same cell with the configuration information of the independent target gap and configuring a same information type as the configuration information of the target gap. (See paragraph 368 indicating priority of gap 1 and gap 2 is compared and the highest priority being gap 1 then configuration info like Measurement Objects (MO) of gap 2 are ignored and measurement in gap 1 using configuration MO1 and MO3 executed in the same cell. See paragraph 68 too)
In view of the above, having Chen’s Gap configuration arrangements and then given the well- established teaching of Zheng ’s techniques for handling overlapping gaps, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Chen’s Gap configuration arrangements as taught by Zheng ’s techniques for handling overlapping gaps, since Zheng states in paragraphs 7 and 346 that the modification ensures a measurement gap can cover a measurement window indicated by an SMTC resulting in improving measurement efficiency.
Regarding claim 6, Chen discloses the gap configuration method according to claim 1, Chen further discloses wherein the configuration information of the target gap comprises: configuration information for configuring a non-independent target gap based on configuration of a first measurement gap in the first measurement gap (i.e. per paragraph 80 – the non-independent target gap being the scheduling gap is based on the configuration of the first measurement gap and paragraph 82 states this limitation as “In some implementations, a UE may be configured a measurement gap for measurements and a scheduling gap for receiving paging of another network (which the UE not RRC connected with). In some implementations, a UE may receive a measurement gap configuration including the information/parameters related to measurement gaps(s). In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) can be used for receiving a paging from another network. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for receiving a paging from another network only. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for both measurements and receiving a paging from another network.”)
Chen, however fails to disclose wherein the non-independent target gap corresponds to a same reference service cell as the first measurement gap; wherein the non-independent target gap corresponds to a same reference service cell as the first measurement gap; wherein configuration information of the non-independent target gap comprises at least one of: an offset of the target gap; a length of the target gap; a period of the target gap; or a frequency range of the target gap.
Zheng in the same endeavor discloses wherein the non-independent target gap corresponds to a same reference service cell as the first measurement gap (i.e. paragraph 162 FR1 gap and FR2 gap correspond to a same reference service cell as the first measurement gap)
an offset of the target gap; (i.e. Paragraph 164 states verbatim “GapOffset indicates an offset of the measurement gap”)
a length of the target gap; (i.e. [0166] MGL indicates a length of the measurement gap, in milliseconds (ms).)
a period of the target gap; (i.e. [0167] (4) Gap Repetition Periodicity (MGRP)
[0168] MGRP indicates a repetition period of the measurement gap, in ms. See also paragraph 52) or
a frequency range of the target gap (i.e. [0151] (1) Measurement Gap Type
[0152] Gap types include gapUE, gapFR1 and gapFR2. GapUE indicates a UE-level measurement gap (per-UE gap). GapFR1 indicates a frequency range FR1-level measurement gap. GapFR2 indicates a frequency range FR2-level measurement gap. [0153] An FR1 and an FR2 are two spectrum ranges (frequency ranges, FRs). In the 3GPP protocol, overall spectrum resources of 5G may be divided into two frequency bands: the FR1 and the FR2.) .
In view of the above, having Chen’s Gap configuration arrangements and then given the well- established teaching of Zheng ’s techniques for handling overlapping gaps, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Chen’s Gap configuration arrangements as taught by Zheng ’s techniques for handling overlapping gaps, since Zheng states in paragraphs 7 and 346 that the modification ensures a measurement gap can cover a measurement window indicated by an SMTC resulting in improving measurement efficiency.
Regarding claim 14, claim 14 is rejected in the same scope as claim 4.
Regarding claim 8, Chen modified by Zheng discloses the gap configuration method according to claim 6, Cheng further discloses wherein the first configuration information comprises: the configuration information of the non-independent target gap, and configuration information of other non-independent gaps; wherein the configuration information of the other non-independent gaps is configuration information for configuring the other non-independent gaps based on the configuration of the first measurement gap in the first measurement gap. (i.e. per Chen’s paragraph 80 – the non-independent target gap being the scheduling gap is based on the configuration of the first measurement gap and paragraph 82 states this limitation as “In some implementations, a UE may be configured a measurement gap for measurements and a scheduling gap for receiving paging of another network (which the UE not RRC connected with). In some implementations, a UE may receive a measurement gap configuration including the information/parameters related to measurement gaps(s). In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) can be used for receiving a paging from another network. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for receiving a paging from another network only. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for both measurements and receiving a paging from another network.”)
Regarding claim 9, Chen modified by Zheng discloses the gap configuration method according to claim 4, wherein the executing a target task based on the configuration information of the target gap comprises as set forth above: Chen further discloses using the target gap only in a case that the target task is executed (See Chen paragraph 80 stating – “a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for receiving a paging from another network only.”); or enabling the target gap to enter into force separately, or the target gap and at least one measurement gap to enter into force in parallel. (See Chen paragraph 82 last two sentences indicating enabling scheduling task when measurement is not done in the measurement gap. Chen states in paragraph 82 “…In some implementations, if only one measurement gap is configured and/or the UE is operating in multi-SIM operation, the UE may first use the measurement gap to receive a paging from another network. If there is no paging occasion(s) in the measurement gap, the UE may use this measurement gap to perform measurements (e.g., measure the signal qualify of a neighboring cell).”)1
Regarding claim 15, Chen discloses the gap configuration method according to claim 11, Chen further discloses wherein the determining configuration information of the target gap comprises: configuring a non-independent target gap based on configuration of a first measurement gap in the first measurement gap (i.e. per paragraph 80 – the non-independent target gap being the scheduling gap is based on the configuration of the first measurement gap and paragraph 82 states this limitation as “In some implementations, a UE may be configured a measurement gap for measurements and a scheduling gap for receiving paging of another network (which the UE not RRC connected with). In some implementations, a UE may receive a measurement gap configuration including the information/parameters related to measurement gaps(s). In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) can be used for receiving a paging from another network. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for receiving a paging from another network only. In some implementations, a measurement gap configuration may include an indication for indicating if the measurement gap configuration (or the associated measurement gap) is for both measurements and receiving a paging from another network.”)
Chen, however fails to disclose wherein the non-independent target gap corresponds to a same reference service cell as the first measurement gap; wherein the non-independent target gap corresponds to a same reference service cell as the first measurement gap.
Zheng in the same endeavor discloses wherein the non-independent target gap corresponds to a same reference service cell as the first measurement gap (i.e. paragraph 162 FR1 gap and FR2 gap correspond to a same reference service cell as the first measurement gap)
In view of the above, having Chen’s Gap configuration arrangements and then given the well- established teaching of Zheng ’s techniques for handling overlapping gaps, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Chen’s Gap configuration arrangements as taught by Zheng ’s techniques for handling overlapping gaps, since Zheng states in paragraphs 7 and 346 that the modification ensures a measurement gap can cover a measurement window indicated by an SMTC resulting in improving measurement efficiency.
Regarding claim 16, Chen modified by Zheng discloses the gap configuration method according to claim 15, but fails to disclose wherein configuration information of the non-independent target gap comprises at least one of: an offset of the target gap; a length of the target gap; a period of the target gap; or a frequency range of the target gap; wherein the non-independent target gap partially overlaps or completely overlaps with the target gap corresponding to at least one second target attribute set of at least one measurement gap; wherein the non-independent target gap partially overlaps or completely overlaps with the target gap corresponding to at least one second target attribute set of at least one measurement gap.
Zheng in the same endeavor discloses wherein configuration information of the non-independent target gap comprises at least one of: an offset of the target gap; (i.e. Paragraph 164 states verbatim “GapOffset indicates an offset of the measurement gap”)
a length of the target gap; (i.e. [0166] MGL indicates a length of the measurement gap, in milliseconds (ms).)
a period of the target gap; (i.e. [0167] (4) Gap Repetition Periodicity (MGRP)
[0168] MGRP indicates a repetition period of the measurement gap, in ms. See also paragraph 52) or
a frequency range of the target gap (i.e. [0151] (1) Measurement Gap Type
[0152] Gap types include gapUE, gapFR1 and gapFR2. GapUE indicates a UE-level measurement gap (per-UE gap). GapFR1 indicates a frequency range FR1-level measurement gap. GapFR2 indicates a frequency range FR2-level measurement gap. [0153] An FR1 and an FR2 are two spectrum ranges (frequency ranges, FRs). In the 3GPP protocol, overall spectrum resources of 5G may be divided into two frequency bands: the FR1 and the FR2.) wherein the non-independent target gap partially overlaps or completely overlaps with the target gap corresponding to at least one second target attribute set of at least one measurement gap.(See paragraphs 67, 69, 228 and 229 showing overlapping measurement gaps and in particular in paragraphs 67 and 69 indicating the second target attribute is measurement)
In view of the above, having Chen’s Gap configuration arrangements and then given the well- established teaching of Zheng ’s techniques for handling overlapping gaps, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Chen’s Gap configuration arrangements as taught by Zheng ’s techniques for handling overlapping gaps, since Zheng states in paragraphs 7 and 346 that the modification ensures a measurement gap can cover a measurement window indicated by an SMTC resulting in improving measurement efficiency.
Regarding claim 17, claim 17 is rejected in the same scope as claim 8.
Claim(s) 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Zheng et al (US 20220174623 A1) and further in view of Cabrera et al ( US 20240129904) .
Regarding claim 5, Cheng modified by Zheng discloses the gap configuration method according to claim 4, but Cheng fails to disclose wherein the independent target gap partially overlaps or completely overlaps with the at least one measurement gap;
wherein the executing a target task based on the configuration information of the target gap comprises at least one of: executing the target task using the independent target gap; or ignoring a first measurement task, wherein the first measurement task is a task corresponding to the measurement gap partially overlapped or completely overlapped with the independent target gap.
Zheng in the same endeavor discloses wherein the independent target gap partially overlaps or completely overlaps with the at least one measurement gap. (i.e. paragraph 67 states that the a network device sends configuration information of a plurality of measurement gaps to a terminal device, where the plurality of measurement gaps have an overlapping part. The terminal device performs measurement based on configuration information of one of the plurality of measurement gaps. See also paragraphs 69, 228, 230, 232, 320, 356 and 365. See in particular paragraphs 371 and 372)
wherein the executing a target task based on the configuration information of the target gap comprises at least one of: executing the target task using the independent target gap (See Paragraph 68 wherein the target task is measurement and the target gap is measurement gap and in that respect paragraph 68 states “…The terminal device performs measurement based on configuration information of one measurement gap with a relatively high priority in the plurality of measurement gaps.”); or ignoring a first measurement task, wherein the first measurement task is a task corresponding to the measurement gap partially overlapped or completely overlapped with the independent target gap. (See paragraphs 368 and 371indicating priority of gap 1 and gap 2 is compared when gaps 1 and 2 overlap and the highest priority being gap 1 then configuration info like Measurement Objects (MO) of gap 2 are ignored and measurement in gap 1 using configuration MO1 and MO3 executed in the same cell. See paragraphs 68-74 too)
In view of the above, having Chen’s Gap configuration arrangements and then given the well- established teaching of Zheng ’s techniques for handling overlapping gaps, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Chen’s Gap configuration arrangements as taught by Zheng ’s techniques for handling overlapping gaps, since Zheng states in paragraphs 7 and 346 that the modification ensures a measurement gap can cover a measurement window indicated by an SMTC resulting in improving measurement efficiency.
Cheng modified by Zheng fails to disclose wherein the executing a target task based on the configuration information of the target gap comprises at least one of: using the longest gap of all overlapped gaps to execute a task corresponding to the longest gap, wherein all the overlapped gaps comprise the independent target gap and the measurement gap partially overlapped or completely overlapped with the independent target gap.
Cabrera in the same endeavor discloses wherein the executing a target task based on the configuration information of the target gap (See paragraphs 6-8 where target gap is either a scheduling gap or a measurement gap) comprises at least one of: using the longest gap of all overlapped gaps to execute a task corresponding to the longest gap, wherein all the overlapped gaps comprise the independent target gap and the measurement gap partially overlapped or completely overlapped with the independent target gap.(See paragraphs 148, 153, and 159 where two overlapping gaps being measurement gap and another independent gap execution of the longest length gap task is selected.)
In view of the above, having Chen’s Gap configuration arrangements modified by Cabrera ’s techniques for selecting tasks for overlapping gaps and then given the well- established teaching of, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to further modify Chen’s Gap configuration arrangements modified by Zheng ’s techniques for handling overlapping gaps as taught by Cabrera ’s techniques for selecting tasks for overlapping gaps, since Cabrera states in paragraphs 4 and 5 that the modification ensures promoting higher reliability and lower latency channel measurements, among other benefits by using multiple measurement gap occasions to perform channel measurements associated with different criteria.
Regarding claim 7, Cheng modified by Zheng discloses the gap configuration method according to claim 6, but Cheng fails to disclose wherein the non-independent target gap partially overlaps or completely overlaps with the at least one measurement gap;
wherein the executing a target task based on the configuration information of the target gap comprises at least one of:
executing the target task using the non-independent target gap; or
ignoring a second measurement task, wherein the second measurement task is a task corresponding to the measurement gap partially overlapped or completely overlapped with the independent target gap.
Zheng in the same endeavor discloses wherein the non-independent target gap (i.e. paragraph 69 the non-independent measurement gap is the set of measurement gaps that have lower priority ) . partially overlaps or completely overlaps with the at least one measurement gap. (i.e. paragraph 67 states that the a network device sends configuration information of a plurality of measurement gaps to a terminal device, where the plurality of measurement gaps have an overlapping part. The terminal device performs measurement based on configuration information of one of the plurality of measurement gaps. See also paragraphs 69, 228, 230, 232, 320, 356 and 365. See in particular paragraphs 371 and 372)
wherein the executing a target task based on the configuration information of the target gap comprises at least one of:
executing the target task using the non-independent target gap (See Paragraph 68 wherein the target task is measurement and the non-independent target gap is measurement gap with low priority and in that respect paragraph 68 states “…The terminal device performs measurement based on configuration information of one measurement gap with a relatively high priority in the plurality of measurement gaps.” See also paragraph 69); or
ignoring a second measurement task, wherein the second measurement task is a task corresponding to the measurement gap partially overlapped or completely overlapped with the non-independent target gap. (See paragraphs 368 and 371indicating priority of gap 1 and gap 2 is compared when gaps 1 and 2 overlap and the highest priority being gap 1 then configuration info like Measurement Objects (MO) of gap 2 are ignored and measurement in gap 1 using configuration MO1 and MO3 executed in the same cell. See paragraphs 68-74 too)
In view of the above, having Chen’s Gap configuration arrangements and then given the well- established teaching of Zheng ’s techniques for handling overlapping gaps, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Chen’s Gap configuration arrangements as taught by Zheng ’s techniques for handling overlapping gaps, since Zheng states in paragraphs 7 and 346 that the modification ensures a measurement gap can cover a measurement window indicated by an SMTC resulting in improving measurement efficiency.
Cheng modified by Zheng fails to disclose wherein the executing a target task based on the configuration information of the target gap comprises at least one of: using the longest gap of all overlapped gaps to execute a task corresponding to the longest gap, wherein all the overlapped gaps comprise the independent target gap and the measurement gap partially overlapped or completely overlapped with the independent target gap.
Cabrera in the same endeavor discloses wherein the executing a target task based on the configuration information of the target gap (See paragraphs 6-8 where target gap is either a scheduling gap or a measurement gap) comprises at least one of: using the longest gap of all overlapped gaps to execute a task corresponding to the longest gap, wherein all the overlapped gaps comprise the independent target gap and the measurement gap partially overlapped or completely overlapped with the independent target gap.(See paragraphs 148, 153, and 159 where two overlapping gaps being measurement gap and another independent gap execution of the longest length gap task is selected.)
In view of the above, having Chen’s Gap configuration arrangements modified by Cabrera ’s techniques for selecting tasks for overlapping gaps and then given the well- established teaching of, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to further modify Chen’s Gap configuration arrangements modified by Zheng ’s techniques for handling overlapping gaps as taught by Cabrera ’s techniques for selecting tasks for overlapping gaps, since Cabrera states in paragraphs 4 and 5 that the modification ensures promoting higher reliability and lower latency channel measurements, among other benefits by using multiple measurement gap occasions to perform channel measurements associated with different criteria.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Yang et al (US 20220014955 A1)
Regarding claim 10, Chen discloses the gap configuration method according claim 1, but fails to disclose wherein the method further comprises:
transmitting, by the terminal, a configuration request of the target gap to the
network-side device;
wherein the configuration request of the target gap comprises at least one of:
a period of the target task; an execution duration of the target task; a request of a
start time of the target gap; a request of a length of the target gap; a request of a period of the target gap; or a request of a frequency range of the target gap.
Yang in the same endeavor discloses transmitting, by the terminal, a configuration request of the target gap to the
network-side device; (Fig. 4 paragraph 62 UE 120 transmitting a configuration request as an RRC setup request message to the BS 110 in Fig. 4. See Paragraph 63-53) wherein the configuration request of the target gap comprises at least one of:
a period of the target task (paragraph 62 - a measurement gap periodicity); an execution duration of the target task; a request of a
start time of the target gap (i.e. measurement gap valid timer, paragraph 62) ; a request of a length of the target gap (measurement gap duration in paragraph 62); a request of a period of the target gap; or a request of a frequency range of the target gap.( [0062] In the example of FIG. 4, at time t1, the UE 120 transmits a first message to the base station 110. The first message may include a preferred measurement gap configuration indicating one or more of a measurement gap periodicity, a measurement gap duration (e.g., length), and a measurement gap valid timer duration. As described, the first message may be transmitted during a call setup, such as an RRC setup. In one configuration, the first message includes an RRC setup request message, a call resume request message, or a handover request message. Additionally, or alternatively, the first message may be a measurement report.)
In view of the above, having Chen’s Gap configuration arrangements and then given the well- established teaching of Yang ’s use of measurement gap request, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Chen’s Gap configuration arrangements as taught by Yang ’s use of measurement gap request overlapping gaps, since Yang states in paragraph 81 that the modification improves speed in which measurement gaps are configured and/or released. By improving the measurement gap configuration and/or release speed, aspects of the present disclosure may improve network throughput.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Zheng and further in view of Yang et al (US 20220014955 A1).
Regarding claim 18, Chen modified by Zheng discloses the gap configuration method according to claim 14, but fails to disclose determining the configuration information based on a configuration request of the target gap transmitted by the terminal; or determining the configuration information based on a protocol pre-definition; wherein the configuration request of the target gap comprises at least one of: a period of the target task; an execution duration of the target task; a request of a start time of the target gap; a request of a length of the target gap; a request of a period of the target gap; or a request of a frequency range of the target gap.
Yang in the same endeavor discloses determining the configuration information based on a configuration request of the target gap transmitted by the terminal(Fig. 4 paragraph 62 UE 120 transmitting a configuration request as an RRC setup request message to the BS 110 in Fig. 4. See Paragraph 63-53); or determining the configuration information based on a protocol pre-definition (i.e. per paragraph 62 RRC protocol and NR/New Radio/5G in paragraph 69); wherein the configuration request of the target gap comprises at least one of: a period of the target task (paragraph 62 - a measurement gap periodicity); an execution duration of the target task; a request of a
start time of the target gap (i.e. measurement gap valid timer, paragraph 62) ; a request of a length of the target gap (measurement gap duration in paragraph 62); a request of a period of the target gap; or a request of a frequency range of the target gap.( [0062] In the example of FIG. 4, at time t1, the UE 120 transmits a first message to the base station 110. The first message may include a preferred measurement gap configuration indicating one or more of a measurement gap periodicity, a measurement gap duration (e.g., length), and a measurement gap valid timer duration. As described, the first message may be transmitted during a call setup, such as an RRC setup. In one configuration, the first message includes an RRC setup request message, a call resume request message, or a handover request message. Additionally, or alternatively, the first message may be a measurement report.)
In view of the above, having Chen’s Gap configuration arrangements modified by Zheng ’s techniques for handling overlapping gaps and then given the well- established teaching of Yang ’s use of measurement gap request, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to further modify Chen’s Gap configuration arrangements modified by Zheng ’s techniques for handling overlapping gaps as taught by Yang ’s use of measurement gap request overlapping gaps, since Yang states in paragraph 81 that the modification improves speed in which measurement gaps are configured and/or released. By improving the measurement gap configuration and/or release speed, aspects of the present disclosure may improve network throughput.
Conclusion
Examiner’s Note: Wang (US 20240357632 A1) in paragraphs 1-11 and Fig. 3 discloses what is claimed in the independent claims and some dependent claims.
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/HABTE MERED/Primary Examiner, Art Unit 2474