DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to communication filed on 12/17/2025.
Claims 1-20 are pending and rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/09/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 12, 13, 14, 15 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 11. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 7-10, 16, 17, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of He et al (US 20220322308 A1) (hereinafter “He”).
Regarding claim 1, Si discloses a user equipment (UE) for wireless communications (see Fig. 5 (50)), the UE comprising:
a transceiver (see Fig. 5 (510), para. [0398] discloses description of radio frequency unit 510, including a transceiver); and
a processor (see Fig. 5 (511) para. [0398] discloses terminal with processor 511), wherein the transceiver and the processor are configured to:
receive a first signaling, comprising a first measurement gap configuration indicating a first candidate measurement gap set (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one first gap measurement configuration information and a second measurement gap configuration information), wherein first candidate measurement gap set comprises a plurality of measurement gaps (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one fist gap measurement configuration information and a second measurement gap configuration information), and
wherein any transmission or reception for a serving cell on the first frequency set within the first measurement gap set other than radio resource management (RRM) measurement and Positioning Reference Signal (PRS) measurement is ignored (see para. [0180] discloses if measurement gap corresponding to configuration information is per frequency range measurement gap, the UE does not need to perform RX/TX except the reception of signals for RRM, signals for random access procedure and signals for positioning measurement).
Si does not clearly disclose wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set,
select, a set of measurement gaps from the first candidate measurement gap set as a first measurement gap set associated with a first frequency set, wherein any two measurement gaps in the first measurement gap set are orthogonal and non-consecutive in time domain, and wherein any two time intervals between any two time-domain adjacent measurement gaps in the first measurement gap set are unequal, and
wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a first time window set in the first candidate measurement gap set.
However, He teaches wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP),
select, a set of measurement gaps from the first candidate measurement gap set as a first measurement gap set associated with a first frequency set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP),
wherein any two measurement gaps in the first measurement gap set are orthogonal and non-consecutive in time domain (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP), and
wherein any two time intervals between any two time-domain adjacent measurement gaps in the first measurement gap set are unequal (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120];[0141] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP; UE may be configured to modify the first measurement gap configuration 320-a, upon identifying the expiration of timer, the UE may modify the first measurement gap configuration such that the modified first measurement gap configuration includes fewer measurement gaps, shorter measurement gaps, or both, the UE may switch from first measurement gap configuration to a different measurement gap configuration), and
wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a first time window set in the first candidate measurement gap set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP).
Si and He are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the measurement gaps as described by He.
The motivation to combine both references would come from improving performance and latency.
Regarding claim 2, Si discloses a UE (see Fig. 5 (50)),
wherein the first measurement gap configuration indicates the plurality of measurement gaps comprised by the first measurement gap set within a configuration period, and wherein each measurement gap comprised in the first measurement gap set has a same position in each configuration period (see para. [0062];[0066];[0107] discloses the first measurement gap configuration information includes interval repetition; they may further include a gap offset and a gap timing advance (gap TA); gap offset denotes the offset of the gap).
Regarding claim 3, Si discloses a UE (see Fig. 5 (50)),
Si does not clearly disclose wherein the first time window set comprises at least one time window, and wherein any time window in the first time window set comprises at least one slot.
However, He teaches wherein the first time window set comprises at least one time window, and wherein any time window in the first time window set comprises at least one slot (see Fig. 3 (First Measurement Gap), para. [0133] discloses UE communication during first time interval (slot, or set of slots), based on the BWP and first measurement gap configuration (320-a))
Si and He are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the slot as described by He.
The motivation to combine both references would come from improving performance and latency.
Regarding claim 4, Si discloses a UE, wherein the first measurement gap set comprises a second measurement gap, the second measurement gap not belonging to the first candidate measurement gap set (see para [0014] discloses obtain measurement gap configuration information including one first measurement gap configuration and second measurement gap configuration, information the interval mode configuration information in the second measurement gap configuration is different from interval indicated by the first measurement gap configuration), and
Si fails to disclose wherein the second measurement gap does not conflict with the first time window set in time domain, a first measurement gap being used to determine the second measurement gap (see Fig. 3, and
wherein the first measurement gap belongs to the first candidate measurement gap set but does not belong to the first measurement gap set.
However, He teaches wherein the second measurement gap does not conflict with the first time window set in time domain, a first measurement gap being used to determine the second measurement gap (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120];[0288] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP; determining expiration time associated with first measurement gap configuration and communicating with during second time interval based on first measurement gap configuration, or a second measurement gap configuration based at least in part on the expiration of the timer), and
wherein the first measurement gap belongs to the first candidate measurement gap set but does not belong to the first measurement gap set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP).
Si and He are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by He.
The motivation to combine both references would come from improving performance and latency.
Regarding claim 7, Si discloses a UE (see Fig. 5 (50)),
wherein the first signaling comprises a first Discontinuous Reception (DRX) parameter set, the first DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0481] discloses DRX cycle composed of “On Duration” and “Opportunity for DRX”, “On Duration”), and
wherein the first DRX parameter set comprises a configuration parameter of a first DRX timer (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period); In an "Opportunity for DRX" time, the UE does not receive data of a downlink channel to save power consumption (that is, a DRX inactive time, or may be referred to as a dormancy period), and
wherein running of the first DRX timer is used to determine the first measurement gap set (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period)).
Regarding claim 8, Si discloses a UE (see Fig. 5 (50)),
wherein the first signaling comprises a first Discontinuous Reception (DRX) parameter set, the first DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0510]-[0519] discloses DRX configuration includes at least one of the following, DRX cycle, DRX duration timer, DRX inactivity timer, DRX DL retransmission timer, DRX UL retransmission timer, DRX start offset timer, etc.), and
wherein the first DRX parameter set comprises a configuration parameter of a first DRX timer (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period); In an "Opportunity for DRX" time, the UE does not receive data of a downlink channel to save power consumption (that is, a DRX inactive time, or may be referred to as a dormancy period), and
wherein running of the first DRX timer is used to determine the first measurement gap set (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period).
Regarding claim 9, Si discloses a UE (see Fig. 5 (50)),
wherein the first signaling comprises a first Discontinuous Reception (DRX) parameter set, the first DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0481] discloses DRX cycle composed of “On Duration” and “Opportunity for DRX”, “On Duration”), and
wherein the first DRX parameter set comprises a configuration parameter of a first DRX timer (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period); In an "Opportunity for DRX" time, the UE does not receive data of a downlink channel to save power consumption (that is, a DRX inactive time, or may be referred to as a dormancy period), and
wherein running of the first DRX timer is used to determine the first measurement gap set (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period).
Regarding claim 10, Si discloses a UE (see Fig. 5 (50)),
wherein the first signaling comprises a first Discontinuous Reception (DRX) parameter set, the first DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0481] discloses DRX cycle composed of “On Duration” and “Opportunity for DRX”, “On Duration”), and
wherein the first DRX parameter set comprises a configuration parameter of a first DRX timer (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period); In an "Opportunity for DRX" time, the UE does not receive data of a downlink channel to save power consumption (that is, a DRX inactive time, or may be referred to as a dormancy period), and
wherein running of the first DRX timer is used to determine the first measurement gap set (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period)).
Regarding claim 16, Si discloses a UE (see Fig. 5 (50)),
Si fails to disclose wherein on a condition that the first signaling indicates that the UE shall ignore measurement gaps on the first time window set, the first measurement gap set is different from the first candidate measurement gap set, and
wherein when the first signaling does not indicate that the UE shall ignore measurement gaps on the first time window set, the first measurement gap set is identical to the first candidate measurement gap set.
However, He teaches wherein on a condition that the first signaling indicates that the UE shall ignore measurement gaps on the first time window set, the first measurement gap set is different from the first candidate measurement gap set (see para. [0114] discloses techniques for configuring UE with multiple measurement gap configurations, on a per BWP basis, the UE may be configured with a first measurement gap configuration associated with first BWP, second measurement gap associated with second BWP, and third measurement gap configuration associated with third BWP. The second measurement gap configuration may exhibit fewer, shorter or an absence of measurement gaps due to the fact that the sets of a measurement occasions are within the second BWP), and
wherein when the first signaling does not indicate that the UE shall ignore measurement gaps on the first time window set, the first measurement gap set is identical to the first candidate measurement gap set (see para. [0115] discloses example where the switching from second BWP to third BWP, UE may be configured to automatically (without reconfiguration of a measurement gap configuration) perform communications associated with the third measurement gap configuration).
Si and He are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the measurement gaps as described by He.
The motivation to combine both references would come from improving performance and latency.
Regarding claim 17, Si discloses a UE (see Fig. 5 (50)),
Si does not clearly disclose wherein the first signaling indicates one or more measurement gap(s) that can be deactivated or ignored in the first candidate measurement gap set.
However, He teaches wherein the first signaling indicates one or more measurement gap(s) that can be deactivated or ignored in the first candidate measurement gap set (see para. [0159] discloses control signaling configuring the UE with a set of measurement gap configurations, BWP may be associated with multiple measurement gap configuration which may be activated /deactivated independently or concurrently).
Si and He are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the activation/deactivation as described by He.
The motivation to combine both references would come from improving performance and latency.
Regarding claim 19, Si discloses a base station (BS) for wireless communications (see para. [0028] discloses apparatus at a base station), the BS comprising:
a transceiver (see Fig. 12 (Transceiver), para. [0067];[0259] discloses base station may include or refer as transceiver station; example of device or base station including components for transmitting and receiving, transceiver); and
a processor (see para. [0028] discloses apparatus at a base station, includes memory coupled to a processor),
wherein the transceiver and the processor are configured to: transmit a first signaling, the first signaling comprising a first measurement gap configuration indicating a first candidate measurement gap set (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one first gap measurement configuration information and a second measurement gap configuration information),
wherein the first measurement gap configuration comprises a plurality of measurement gaps (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one fist gap measurement configuration information and a second measurement gap configuration information), and
wherein any transmission or reception of a receiver of the first signaling for a serving cell on the first frequency set within the first measurement gap set other than RRM measurement and PRS measurement is ignored (see para. [0180] discloses if measurement gap corresponding to configuration information is per frequency range measurement gap, the UE does not need to perform RX/TX except the reception of signals for RRM, signals for random access procedure and signals for positioning measurement).
Si does not clearly disclose wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set, and
wherein the first measurement gap configuration is used to determine a first measurement gap set, and
wherein the first measurement gap set comprises at least two measurement gaps, and
wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a first time window set in the first candidate measurement gap set,
However, He teaches wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP), and
wherein the first measurement gap configuration is used to determine a first measurement gap set (see para. [0024] discloses first measurement gap configuration includes BWP index, periodicity and duration associated to a set of multiple measurement gaps), , and
wherein the first measurement gap set comprises at least two measurement gaps (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP), and
wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a first time window set in the first candidate measurement gap set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP).
Si and He are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the measurement gaps as described by He.
The motivation to combine both references would come from improving performance and latency.
Regarding claim 20, Si discloses a method in a user equipment (UE) for wireless communications, the method comprising:
receiving a first signaling, comprising a first measurement gap configuration indicating a first candidate measurement gap set(see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one first gap measurement configuration information and a second measurement gap configuration information),
wherein the first candidate measurement gap set comprises a plurality of measurement gaps (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one fist gap measurement configuration information and a second measurement gap configuration information), and
wherein any transmission or reception for a serving cell on the first frequency set within the first measurement gap set other than radio resource management (RRM) measurement and Positioning Reference Signal (PRS) measurement is ignored (see para. [0180] discloses if measurement gap corresponding to configuration information is per frequency range measurement gap, the UE does not need to perform RX/TX except the reception of signals for RRM, signals for random access procedure and signals for positioning measurement).
Si does not clearly disclose wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set; and
selecting, based on the first measurement gap configuration, a set of measurement gaps from first candidate measurement gap set as a first measurement gap set associated with a first frequency set; wherein any two measurement gaps in the first measurement gap set are orthogonal and non-consecutive in time domain, and any two time intervals between any two time-domain adjacent measurement gaps are unequal; and
wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a first time window set in the first candidate measurement gap set,
However, He teaches wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP); and
selecting, based on the first measurement gap configuration, a set of measurement gaps from first candidate measurement gap set as a first measurement gap set associated with a first frequency set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP); wherein any two measurement gaps in the first measurement gap set are orthogonal and non-consecutive in time domain (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP), and any two time intervals between any two time-domain adjacent measurement gaps are unequal (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120];[0141] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP; UE may be configured to modify the first measurement gap configuration 320-a, upon identifying the expiration of timer, the UE may modify the first measurement gap configuration such that the modified first measurement gap configuration includes fewer measurement gaps, shorter measurement gaps, or both, the UE may switch from first measurement gap configuration to a different measurement gap configuration); and
wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a first time window set in the first candidate measurement gap set (see Fig. 3 (330-a, 330-b, 325-a, 325-b) para. [0120] discloses first measurement gap configuration associated with first BWP (Bandwidth Part is the frequency set), and second measurement gap configuration associated with second BWP),
Si and He are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the measurement gaps as described by He.
The motivation to combine both references would come from improving performance and latency.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of He et al (US 20220322308 A1) (hereinafter “He”) as applied to claim 4 above and further in view of Si and Cabrera Mercader US 20240129904 A1.
Regarding claim 5, Si discloses a UE (see Fig. 5 (50)),
wherein the first signaling is indicative of a second measurement gap configuration (see para. [0018] discloses measurement gap configuration information includes first measurement gap configuration and second measurement gap configuration), and
wherein the second measurement gap configuration is indicative of a second candidate measurement gap set (see para. [0018] discloses interval mode configuration information indicated by the second measurement gap configuration is different from the interval mode indicated by the first gap configuration information), and
wherein the second measurement gap belongs to the second candidate measurement gap set (see para. [0018] discloses interval mode configuration information indicated by the second measurement gap configuration is different from the interval mode indicated by the first gap configuration information), and
Si does not clearly disclose wherein a plurality of second measurement gaps in the second candidate measurement gap set are activated only when the plurality of measurement gaps in the first candidate measurement gap set conflict with the first time window set in time domain.
However, Cabrera Mercader teaches wherein a plurality of second measurement gaps in the second candidate measurement gap set are activated only when the plurality of measurement gaps in the first candidate measurement gap set conflict with the first time window set in time domain (see para [0022] discloses operations, features, means or instructions for assigning the overlap (conflict) portion to the first measurement gap occasion or the second measurement gap occasion based on a criterion).
Si and Cabrera Mercader are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by Cabrera Mercader.
The motivation to combine both references would come from improving performance and latency.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Si et al (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of He et al (US 20220322308 A1) (hereinafter “He”) as applied to claim 1 above and further in view of Kitazoe et al (US 20150327249 A1) (hereinafter “Kitazoe”).
Regarding claim 6, Si discloses a UE (see Fig. 5 (50)),
wherein the first signaling comprises a first Discontinuous Reception (DRX) parameter set, the first DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0510]-[0519] discloses DRX configuration includes at least one of the following, DRX cycle, DRX duration timer, DRX inactivity timer, DRX DL retransmission timer, DRX UL retransmission timer, DRX start offset timer, etc.), and
wherein the first DRX parameter set comprises a configuration parameter of a first DRX timer (see para. [0510]-[0519] discloses DRX configuration includes at least one of the following, DRX cycle, DRX duration timer, DRX inactivity timer, DRX DL retransmission timer, DRX UL retransmission timer, DRX start offset timer, etc.), and
Si fails to disclose wherein running of the first DRX timer is used to determine the first measurement gap set.
However, Kitazoe teaches wherein running of the first DRX timer is used to determine the first measurement gap set (see para. [0042] discloses UE may adjust timing operation including measurement gap or DRX).
Si and Kitazoe are considered to be analogous to the claim invention because both are in the same field of wireless communications.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include DRX as described by Kitazoe.
The motivation to combine both references would come from improving flexibility on the measurements and reducing traffic interruptions.
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of He et al (US 20220322308 A1) (hereinafter “He”) as applied to claim 1 above and further in view of Huang (US 20240147288 A1) (hereinafter “Huang”).
Regarding claim 11, Si discloses a UE (see Fig. 5 (50)),
Si fails to disclose wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement, and
wherein the first measurement object indicates a first reference signal resource, and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration, and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set.
However, Huang teaches wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping), and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping).
Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include third measurement gap as described by Huang.
The motivation to combine both references would come from improving flexibility on the measurements.
Regarding claim 12, Si discloses a UE (see Fig. 5 (50)),
Si fails to disclose wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement, and
wherein the first measurement object indicates a first reference signal resource, and wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration, and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set.
However, Huang teaches wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping),, and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping).
Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include third measurement gap as described by Huang.
The motivation to combine both references would come from improving flexibility on the measurements.
Regarding claim 13, Si discloses a UE (see Fig. 5 (50)),
Si fails to disclose wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement, and
wherein the first measurement object indicates a first reference signal resource, and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration, and wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set.
However, Huang teaches wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping), and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping).
Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include third measurement gap as described by Huang.
The motivation to combine both references would come from improving flexibility on the measurements.
Regarding claim 14, Si discloses a UE (see Fig. 5 (50)),
Si fails to disclose wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement, and
wherein the first measurement object indicates a first reference signal resource, and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration, and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set.
However, Huang teaches wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping), and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping).
Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include third measurement gap as described by Huang.
The motivation to combine both references would come from improving flexibility on the measurements.
Regarding claim 15, Si discloses a UE (see Fig. 5 (50)),
Si fails to disclose wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement, and
wherein the first measurement object indicates a first reference signal resource, and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration, and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set.
However, Huang teaches wherein the first signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and
wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping), and
wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping).
Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include third measurement gap as described by Huang.
The motivation to combine both references would come from improving flexibility on the measurements.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of He et al (US 20220322308 A1) (hereinafter “He”) as applied to claim 1 above, and further in view of Tsuboi al. (US 20200169906 A1) (hereinafter “Tsuboi”).
Regarding claim 18, Si discloses a UE (see Fig. 5 (50)),
Si fails to disclose wherein an action of determining a first measurement gap set according to the first measurement gap configuration is related to configuration of a first radio bearer (RB), and wherein the first RB is used for transmitting eXtended Reality (XR) traffics.
However, Tsuboi teaches an action of determining a first measurement gap set according to the first measurement gap configuration is related to configuration of a first radio bearer (RB) (see para. [0010];[0345] discloses a case with a control unit wherein a radio bearer, SRB3, is established, the second control unit submits a measurement report message to a secondary cell group), and wherein the first RB is used for transmitting eXtended Reality (XR) traffics (There is not restriction on the RB, therefore it could be use for XR traffic).
Si and Tsuboi are considered to be analogous to the claim invention because both are in the same field of wireless communications.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include the measurement gaps as described by Tsuboi.
The motivation to combine both references would come from improving flexibility on the measurements and reducing traffic interruptions.
Response to Arguments
Applicant’s arguments, see page 13-17, filed 12/17/2025, with respect to the rejection of claims 1, 19, 20 under Si in view of Kazmi have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of He et al ((US 20220322308 A1).
Applicant arguments/remarks suggest that Si does not provide two time domain adjacent measurement gaps in the same measurement gap set are unequal. However in the new ground of rejection, Si provides the first signaling for candidate measurement gap set and He provides the orthogonal and not consecutive unequal measurement gaps that do not conflict with a first window time set.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hong et al (US 20240163696 A1) discloses “Measurement Gap Pre-Configuration Processing Method and Apparatus, Communication Device”.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LUIS GUILLERMO LEMA LEMOS/Examiner, Art Unit 2419
/Nishant Divecha/ Supervisory Patent Examiner, Art Unit 2419