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 .
DETAILED ACTION
This office action is in response to the amendment and remarks filed on 01/27/2026.
Claims 1-6, 8, 10-17, 25, 27 are currently pending.
Claims 7, 9, 18-24, 26, 28-30 are canceled.
Claims 1, 14, 27 are currently amended.
Claims 1-6, 8, 10-17, 25, 27 are rejected.
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites the limitation “for measurement at at least two frequencies”. Appropriate correction is required.
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.
Claims 1-2, 5, 8, 10, 12-17, 25, 27 are rejected under 35 U.S.C. 103 as being unpatentable over Srinivas Yerramalli et al (US 20230224745 A1) in view of Hiroki Harada et al (US 20180324619 A1).
For Claim 1, Yerramalli discloses a measurement method (Yerramalli teaches, in ¶ 0077, lines 2-4, that Example process 600 is where the UE performs operations associated with sharing measurement gaps for multiple functions), comprising:
receiving, by a User Equipment (UE), first information transmitted by a network, the first information comprising one measurement gap or at least two measurement gaps (Yerramalli teaches, in ¶ 0078, that process 600 may include receiving configuration information that configures a measurement gap for the UE (block 610). For example, the UE may receive configuration information that configures a measurement gap for the UE).
Yerramalli fails to expressly disclose receiving, by the UE, second information, wherein the second information is used to indicate priority of the one measurement gap or the at least two measurement gaps, in case of collision between the measurement gaps, the UE performs measurement in the measurement gap determined based on the priority the measurement method further comprising: receiving, by the UE, third information transmitted by the network, wherein the third information comprises at least one of: N pieces of duration information, the duration information indicating a usage duration of the measurement gap and/or activation of the measurement gap, N being an integer; M timers, the timer being used to indicate a usage duration of a measurement gap, or indicate that it uses, after the timer has been expired, another measurement gap that is different from the current measurement gap or a measurement gap used in the timer; or Q counters, the counter being used to indicate the number of times a measurement gap is used, or indicate that it uses, after the counter has been expired, another measurement gap that is different from the current measurement gap or a measurement gap used in the counter.
However, Harada, in analogous art, discloses receiving, by the UE, second information, wherein the second information is used to indicate priority of the one measurement gap or the at least two measurement gaps, in case of collision between the measurement gaps, the UE performs measurement in the measurement gap determined based on the priority (Harada teaches, in ¶ 0122, that the user terminal receives DCI that includes the above priority information, in carrier F1 (serving carrier), in the subframe that is immediately before where the measurement gaps collide. As shown in FIG. 13, when the priority information that is received in the immediately preceding subframe shows “0,” the user terminal prioritizes the RSRP/RSRQ measurement gap. On the other hand, when the priority information that is received in the immediately preceding subframe shows “1,” the user terminal prioritizes the RSSI measurement gap) the measurement method further comprising: receiving, by the UE, third information transmitted by the network, wherein the third information comprises at least one of: N pieces of duration information, the duration information indicating a usage duration of the measurement gap and/or activation of the measurement gap, N being an integer (Harada teaches, in ¶ 0070, that a user terminal receives first pattern information, which represents the MGL (time length) and the MGRP (periodicity) of the measurement gap for RSSI (first gap period), and second pattern information, which represents the MGL and the MGRP of the measurement gap for RSRP/RSRQ (second gap period). Also, the user terminal carries out inter-frequency RSSI measurements in RSSI measurement gaps configured based on the first pattern information, and carries out inter-frequency RSRP/RSRQ measurements in RSRP/RSRQ measurement gaps configured based on the second pattern information); M timers, the timer being used to indicate a usage duration of a measurement gap, or indicate that it uses, after the timer has been expired, another measurement gap that is different from the current measurement gap or a measurement gap used in the timer; or Q counters, the counter being used to indicate the number of times a measurement gap is used, or indicate that it uses, after the counter has been expired, another measurement gap that is different from the current measurement gap or a measurement gap used in the counter.
Harada explains, in ¶ 0056, that A predetermined duration of time (hereinafter referred to as the “measurement gap length” (MGL)) is repeated in a predetermined periodicity (hereinafter referred to as the “measurement gap repetition period” (MGRP)), and the user terminal uses these as measurement gaps. The gap pattern is determined by MGL and MGRP.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Yerramalli with the pattern information taught in Harada. The motivation is to improve the spectral efficiency upon inter-frequency RSSI measurements by defining gap patterns having shorter lengths in time and/or periodicities than existing gap patterns [Harada: ¶ 0067, lines 9-11].
For Claim 2, Yerramalli discloses a measurement method, wherein when the first information comprises one measurement gap, the one measurement gap is used for at least two measurement purposes (Yerramalli teaches, in ¶ 0079, lines 2-5, that process 600 may include performing a first measurement and a second measurement in the measurement gap, wherein the first measurement and the second measurement are different types of measurements); or when the first information comprises at least two measurement gaps, each of the at least two measurement gaps is used for one measurement purpose; or the first information comprises one measurement gap or at least two measurement gaps, the measurement gap is used for measurement at least two frequencies (Yerramalli teaches, in ¶ 0073, lines 10-15, that the measurement gap 500 includes a first measurement shown by reference number 510 (here, an RRM measurement on a smaller bandwidth) and a second measurement shown by reference number 520 (here, a positioning measurement on a larger bandwidth than the RRM measurement)).
For Claim 5, Yerramalli discloses a measurement method, wherein when the first information comprises one measurement gap, the one measurement gap is used for at least two measurement purposes (Yerramalli teaches, in ¶ 0059, lines 4-9, that the UE may be permitted to perform an RRM measurement on a first frequency in a first measurement gap, an RRM measurement on a second frequency in a second measurement gap, a positioning measurement in a third measurement gap, and so on).
For Claim 8, Yerramalli discloses a measurement method, further comprising: transmitting, by the UE to the network, a notification indicating that a current measurement purpose has been achieved or a request for a measurement gap for another measurement purpose (Yerramalli teaches, in ¶ 0080, lines 1-4, that process 600 may include transmitting measurement information based at least in part on the first measurement or the second measurement (block 630)).
For Claim 10, Yerramalli discloses a measurement method, wherein the UE uses a plurality of measurement gaps through one or more of:
performing the measurement using a first measurement gap within a first duration upon the receipt of the first measurement gap for the first duration at a first time point, performing the measurement using a second measurement gap within a second duration upon the receipt of the second measurement gap for the second duration at a second time point (Yerramalli teaches, in ¶ 0069, that the BS 110 may provide a set of measurement objects to the UE …the set of measurement objects may explicitly indicate to perform multiple measurements in the measurement gap. For example, the set of measurement objects may map multiple measurements to time/frequency resources associated with reference signals transmitted in the measurement gap), and performing the measurement using an Nth measurement gap within an Nth duration upon the receipt of the Nth measurement gap for the Nth duration at an Nth time point (Yerramalli teaches, in ¶ 0082, lines 1-4, that a time gap is provided between the first measurement and the second measurement based at least in part on the first measurement and the second measurement being associated with different bandwidths or different frequencies);
configuring M timers, starting a first timer after using the first measurement gap, using the second measurement gap after the first timer has been expired, starting a second timer after using the second measurement gap, and using an Mth measurement gap after an (M-1)th timer has been expired; or
configuring Q counters, using a second measurement gap after a first measurement gap reaches a first counter, using a third measurement gap after the second measurement gap reaches a second counter, and using an Mth measurement gap after an (M-1)th measurement gap reaches an (M-1)th counter (Yerramalli teaches, in ¶ 0054, lines 7-10, that the measurement gaps 320 may repeat in accordance with a measurement gap repetition period (MGRP). The MGRP may be in a range of 20 ms to 160 ms, though other values may be used).
For Claim 12, Yerramalli discloses a measurement method, further comprising: reporting, to the network, a measurement gap pattern or a measurement gap identifier this is used for positioning and supported by the UE (Yerramalli teaches, in ¶ 0052, that the measurement configuration may identify a measurement gap pattern for measurements by the UE …The UE may perform a measurement in a measurement gap, such as … a positioning measurement, and/or the like).
For Claim 13, Yerramalli discloses a measurement method, further comprising: reporting, to the network, information indicating whether the UE supports to perform Radio Resource Management (RRM) measurement using a measurement gap; and/or reporting, to the network, information indicating whether the UE supports to perform the measurement for at least two measurement purposes within the measurement gap (Yerramalli teaches, in ¶ 0063, lines 12-17, that the capability information may indicate a number of measurements of different types that the UE 120 can perform in a measurement gap (e.g., one RRM measurement and one positioning measurement, two RRM measurements associated with different frequencies and/or bandwidths, and/or the like)).
For Claims 14-15, please refer to the rejection of For Claims 1-2, above.
For Claim 16, please refer to the rejection of For Claim 3, above.
For Claim 17, please refer to the rejection of For Claim 6, above.
For Claim 25, Yerramalli discloses a base station, comprising: a processor configured to read a program in a memory to implement the measurement method according to claim 14; a transceiver configured to receive and transmit data under control of the processor (Yerramalli teaches, in ¶ 0009, a base station for wireless communication includes: a memory; and one or more processors coupled to the memory, the one or more processors configured to: transmit configuration information that configures a measurement gap for a UE).
For Claim 27, please refer to the rejection of For Claim 1, above.
Claims 3-4, 6, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Srinivas Yerramalli et al (US 20230224745 A1) in view of Hiroki Harada et al (US 20180324619 A1) as applied to claims 1, 14 above, and further in view of Iana Siomina et al (US 20200137601 A1).
For Claim 3, Yerramalli & Harada disclose all of the claimed subject matter with the exception of obtaining, by the UE, a first factor, the first factor being used to indicate proportions or percentages of the measurement gap for different measurement purposes; and/or obtaining, by the UE, a second factor, the second factor being used to indicate proportions or percentages of the measurement gap for different frequencies.
However, Siomina, in analogous art, discloses obtaining, by the UE, a first factor, the first factor being used to indicate proportions or percentages of the measurement gap for different measurement purposes; and/or obtaining, by the UE, a second factor, the second factor being used to indicate proportions or percentages of the measurement gap for different frequencies (Siomina teaches, in ¶ 0092, that Kintra_M2=1/X*100%, where X may be signaled via RRC, is the parameter controlling how much of measurement gaps is used for all intra-frequency measurements. For inter-frequency measurements, it is then remaining Kintra_M2 =Nfreq*100%/(100−X) of the configured measurement gaps).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Yerramalli & Harada with the sharing of the measurement gaps taught in Siomina. The motivation is to enable and provide the possibility to share measurement gaps for different measurements types [Siomina: ¶ 0024, lines 7-9].
For Claim 4, Yerramalli & Harada disclose all of the claimed subject matter with the exception of using, by the UE, the measurement gaps for N measurement purposes equiprobably, where N is a natural number.
However, Siomina, in analogous art, discloses using, by the UE, the measurement gaps for N measurement purposes equiprobably, where N is a natural number (Siomina teaches, in ¶ 0478, that One example is illustrated in FIG. 11 where X=50% and the remaining gaps are shared equally among two different inter-frequency carriers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Yerramalli & Harada with the sharing of the measurement gaps taught in Siomina. The motivation is to enable and provide the possibility to share measurement gaps for different measurements types [Siomina: ¶ 0024, lines 7-9].
For Claim 6, Yerramalli & Harada disclose all of the claimed subject matter with the exception of wherein the third factor is used to indicate usage proportions or usage percentages of different measurement gaps.
However, Siomina, in analogous art, discloses wherein the third factor is used to indicate usage proportions or usage percentages of different measurement gaps (Siomina teaches, in ¶ 0473, that X corresponds to the percentage of the gaps assumed for intra-frequency measurements, and the remaining percentage of gaps (1-X) are assumed for the inter-frequency measurements).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Yerramalli & Harada with the sharing of the measurement gaps taught in Siomina. The motivation is to enable and provide the possibility to share measurement gaps for different measurements types [Siomina: ¶ 0024, lines 7-9].
For Claim 11, Yerramalli & Harada disclose all of the claimed subject matter with the exception of receiving usage priority of a plurality of measurement gaps that are notified by the network to the UE, or that are agreed by the UE and the network in advance; or receiving, from the network, usage proportions or usage percentages of different measurement gaps that are used by the UE within a predetermined time period or at an overlapping time point.
However, Siomina, in analogous art, discloses receiving usage priority of a plurality of measurement gaps that are notified by the network to the UE, or that are agreed by the UE and the network in advance (Siomina teaches, in ¶ 0104, that wireless device 110 may decide to perform only one of the first and second measurements. For example, in a particular embodiment, the first measurements may be always selected/prioritized in this case or the second measurements may be always selected/prioritized in this case,); or receiving, from the network, usage proportions or usage percentages of different measurement gaps that are used by the UE within a predetermined time period or at an overlapping time point (Siomina teaches, in ¶ 0092, that Kintra_M2=1/X*100%, where X may be signaled via RRC, is the parameter controlling how much of measurement gaps is used for all intra-frequency measurements. For inter-frequency measurements, it is then remaining Kintra_M2 =Nfreq*100%/(100−X) of the configured measurement gaps).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system taught in Yerramalli & Harada with the sharing of the measurement gaps taught in Siomina. The motivation is to enable and provide the possibility to share measurement gaps for different measurements types [Siomina: ¶ 0024, lines 7-9].
Response to Amendments
Applicant's amendments filed on 01/27/2026 have necessitated the new grounds of the rejection contained in this Office action.
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Response to Arguments
Applicant's arguments filed on 01/27/2026 have been fully considered but they are not persuasive. Examiner will respond in the rebuttal that follows:
Rejection under 35 USC 103
Examiner respectfully disagrees with Applicant’s argument that the applied art fails to disclose, teach or address “how to configure the usage duration of measurement gaps and/or the activation of measurement gaps. Specifically, [the prior art] does not disclose that the terminal acquires N pieces of duration information from the network via third information, where the duration information indicates the usage duration of the measurement gap and/or the activation of the measurement gap, as recited by amended claim 1” (see remarks, pages 13-15).
The reason being Harada teaches, in ¶ 0070, that a user terminal receives first pattern information, which represents the MGL (time length) and the MGRP (periodicity) of the measurement gap for RSSI (first gap period), and second pattern information, which represents the MGL and the MGRP of the measurement gap for RSRP/RSRQ (second gap period). Also, the user terminal carries out inter-frequency RSSI measurements in RSSI measurement gaps configured based on the first pattern information, and carries out inter-frequency RSRP/RSRQ measurements in RSRP/RSRQ measurement gaps configured based on the second pattern information.
Harada explains, in ¶ 0056, that A predetermined duration of time (hereinafter referred to as the “measurement gap length” (MGL)) is repeated in a predetermined periodicity (hereinafter referred to as the “measurement gap repetition period” (MGRP)), and the user terminal uses these as measurement gaps. The gap pattern is determined by MGL and MGRP.
Thus, Examiner concludes that Harada, in fact, teaches that the user terminal receives/acquires a first duration information from the first pattern information and a second duration information from the second pattern information.
In summary, the applied art does disclose N pieces of duration information, the duration information indicating a usage duration of the measurement gap and/or activation of the measurement gap.
Additionally, Harada teaches, in ¶ 0122, that the user terminal receives DCI that includes the above priority information, in carrier F1 (serving carrier), in the subframe that is immediately before where the measurement gaps collide. As shown in FIG. 13, when the priority information that is received in the immediately preceding subframe shows “0,” the user terminal prioritizes the RSRP/RSRQ measurement gap. On the other hand, when the priority information that is received in the immediately preceding subframe shows “1,” the user terminal prioritizes the RSSI measurement gap.
Therefore, amended claim 1 of the present application is not yet patentably in view of the art of record.
Claims 14 and 27 share the same technical features with amended claim 1, so they are also not yet allowable for reasons similar to those articulated for claim 1 above.
Claims 2-6, 8, 10-13, 15-17, and 25 are dependent on claim 1 or 14. Thus, claims 2-6, 8, 10-13, 15-17, and 25 are also rejected both for depending on rejected base claims, as well as for being obvious over their respectively applied art.
Accordingly, Examiner respectfully requests that the rejection of claims 1-6, 8, 10-17, 25, 27 be maintained as proper.
In light of the above rebuttal and rejection, Examiner believes that this instant rejection should be made final.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Strobl (US 20160381588 A1) is pertinent to mobile terminal for performing radio measurements according to a respective DRX cycle or measurement gap pattern.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A KAMARA whose telephone number is (571)270-5629. The examiner can normally be reached M-F 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES JIANG can be reached on 5712707191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED A KAMARA/Primary Examiner, Art Unit 2412